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SPONSOR: |
McSorley |
DATE TYPED: |
|
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
LFC Files
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.
The NMDOL states implementation of this bill
would require expanded investigation activities and additional staff training.
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