Summary:

 Senate Bill 66 (SB 66) provides that the Criminal Offender Employment Act does not apply to certain agencies, and requires the exempt agencies to create rules related to criminal history screening. This bill contains an emergency clause and is to take effect immediately.  

Legislation Overview:

 Senate Bill 66 (SB 66) amends Section 28-2-5 NMSA 1978 of the Criminal Offender Employment Act (Act) by providing that the Act does not apply to an additional four state agencies: (1) the Early Education and Care Department regarding applicants for licensure, registration, or employment at a child care facility; (2) an agency regarding an applicant for a caregiver or hospital caregiver subject to the Caregivers Criminal History Screening Act; the Children, Youth and Families Department; and (4) the Public Education Department, regarding an applicant for licensure under the School Personnel Act. 
Instead, these agencies must develop rules concerning the screening of an applicant’s criminal history to determine employment eligibility.   
SB 66 creates an emergency clause so that the bill takes effect immediately.   

Current Law:

 Currently, only law enforcement agencies are exempt from the Act. The Act requires certain private and public employers to wait until after an interview or interview-like discussion has taken place with an applicant to inquire about the applicant’s criminal history.