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.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

McSorley

 

DATE TYPED:

01/29/03

 

HB

 

 

SHORT TITLE:

Sexual Orientation or Gender Discrimination

 

SB

28

 

 

ANALYST:

Gilbert

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

$0.1 See Narrative

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates HB 314

 

SOURCES OF INFORMATION

 

LFC Files

 

Responses Received From

Attorney General’s Office (AGO)

New Mexico Department of Labor (NMDOL)

Administrative Office of the Courts (AOC)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 28 makes it unlawful to discriminate based upon sexual orientation or gender identity.  Sexual orientation is defined as heterosexuality, homosexuality, or bisexuality, whether actual or perceived.  Gender identity is defined as a person’s self perception, or perception of that person by another, of the person’s identity as a male or female based upon the person’s appearance, behavior, or physical characteristics that are in accord with or opposed to the person’s physical anatomy, chromosomal sex or sex at birth.

 

A new section is added that prohibits the adoption or implementation of quotas based on sexual orientation or gender identity.

 


FISCAL IMPLICATIONS

 

According to the New Mexico Department of Labor (NMDOL), implementation of this bill will require two additional FTEs to conduct investigations.

 

ADMINISTRATIVE IMPLICATIONS

 

The NMDOL states implementation of this bill would require expanded investigation activities and additional staff training.

 

OTHER SUBSTANTIVE ISSUES

 

This bill retains the existing exemptions listed under the NM Human Rights Act, but further exempts religious institutions engaged in religious activities from the new provisions.  Religious institutions engaged in non-religious activities would be subjected to the new provisions of SB28.

 

Neither sexual orientation nor gender identity are protected under current federal law. However, a proposal for similar federal legislation is currently before the U.S. Congress.

 

RLG/prr