RELATING TO CHILD-CARE FACILITIES; REQUIRING A BACKGROUND CHECK ON INDIVIDUALS WHO WORK AT CHILD-CARE FACILITIES; AMENDING A SECTION OF THE CHILDREN'S CODE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 32A-15-3 NMSA 1978 (being Laws 1985, Chapter 103, Section 3 and also Laws 1985, Chapter 140, Section 3) is amended to read:

"32A-15-3. CRIMINAL RECORDS CHECK--BACKGROUND CHECKS.--

A. Nationwide criminal record checks shall be conducted of all operators, staff and employees and prospective operators, staff and employees of child-care facilities, including every facility or program having primary custody of children for twenty hours or more per week, juvenile detention, correction or treatment facilities, with the objective of protecting the children involved and promoting the children's safety and welfare while receiving service through such facilities or program.

B. The department shall conduct a background check of all operators, staff and employees and prospective operators, staff and employees of child-care facilities by submitting a fingerprint card for those individuals to the department of public safety and the federal bureau of investigation."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.

HB 426

Page 2