NOTE: As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.
The most recent FIR
version (in HTML & Adobe PDF formats) is available on the Legislative
Website. The Adobe PDF version includes
all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be
obtained from the LFC in
|
SPONSOR: |
|
DATE TYPED: |
|
HB |
761 |
||
|
SHORT TITLE: |
Prohibit State Discrimination Against Seniors |
SB |
|
||||
|
|
ANALYST: |
Gilbert |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY03 |
FY04 |
FY03 |
FY04
|
|
|
|
|
|
|
NFI |
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Response
Received From
New
Mexico Department of Labor (DOL)
State
Agency on Aging (SAA)
SUMMARY
Synopsis
of Bill
House Bill 761 adds a new section to the Human
Rights Act, amending § 28-1-1 et seq. NMSA 1978, prohibiting the state or any
of its subdivisions from excluding a person 60 years or older from volunteer
service as long as the person is physically, mentally and professionally
capable of performing the services involved.
Significant
Issues
This bill creates a new protected class, under
the New Mexico Human Rights Act, prohibiting discrimination against senior
volunteers.
The NM Human Rights
Division has a work share agreement with the Federal Equal Employment
Opportunity Commission (EEOC). There is
no comparable federal protection for senior volunteers, thus the New Mexico
Department of Labor would not receive credit (federal compensation) for processing
such claims.
OTHER SUBSTANTIVE ISSUES
This bill offers no express remedies and is
silent as to what damages could be awarded, so there remains a question of
whether the newly protected class would seek existing remedies within the Act.
RLG/prr:njw