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:

Anderson

 

DATE TYPED:

02/27/03

 

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)

 

SOURCES OF INFORMATION

 

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.

 

FISCAL IMPLICATIONS

 

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