Analysis

Synopsis:

 Senate Bill 219 (SB 219) removes proof of citizenship or legal residency requirements for certain professionals. SB 219 allows for the submission of an individual taxpayer identification number for certain occupational license or permit applications.

Analysis:

 Senate Bill 219 (SB 219) makes changes to several sections of the NMSA 1978. SB 219 removes proof of citizenship or legal residency requirements for certain professionals. SB 219 allows for the submission of an individual taxpayer identification number for certain occupational license or permit applications.


Changed Law: Application for Permit-Requirements, Section 56-12-7 NMSA 1978.

Changed Subsection (B): 
•	Each application will be accompanied by the name, social security number or individual taxpayer identification number, address, and date of birth of each agent, servant, and employee of the applicant engaged in the business of pawn transactions. 
•	Changes in such a list will be indicated on each renewal application.


Changed Law: Application for License-Individual, Section 59A-11-2 NMSA 1978.

Changed Subsection (B):

The application form may require information about the applicant as to: 
•	(1) name, date of birth, social security number or individual taxpayer identification number, residence, and business address, if applicable.


Changed Law: Qualifications for License as Adjuster, Section 59A-13-4 NMSA 1978.

Changed Subsection (D):

•	A business entity applying for an independent adjuster license for the purposes of portable electronics insurance in New Mexico will submit the names, addresses, social security numbers or individual taxpayer-identification numbers, criminal and administrative histories, background checks, biographical statements, and fingerprints of all executive officers and directors of the applicant and of all executive officers and directors of entities owning and any individuals owning, directly or indirectly, fifty-one percent or more of the outstanding voting securities of the applicant. 


Changed Law: Emergency Adjusters, Section 59A-13-6 NMSA 1978.

Changed Subsection (A):

In the event of an emergency requiring the immediate expansion of adjuster services in New Mexico, an insurer or a public adjuster licensed in New Mexico may request authority from the superintendent to employ adjusters to assist with the emergency who are not licensed in New Mexico but who have fulfilled all licensing requirements in their home state and are in good standing in their home state. 

An insurer or public adjuster requesting such authority will provide the superintendent with the following information:
•	(2) a list of the adjusters that the insurer or public adjuster will use that are not licensed in New Mexico. This list will include each adjuster's name, home address, last four digits of individual taxpayer identification number or last four digits of social security number, national producer number, home state, and the effective date of the contract between the adjuster and the insurer or public adjuster.


Changed Law: Qualifications for License, Section 59A-51-4 NMSA 1978.

Applicants for license as bail bondsman or solicitor pursuant to the provisions of the Bail Bondsmen Licensing Law will:

Removed Content:
•	(B): be a citizen of the United States.


Changed Law: Registration Application--Contents, Section 60-13A-6 NMSA 1978.

Changed Subsection (A). 

An application for registration as an employee leasing contractor will be signed by an individual for the applicant and verified by the applicant under oath before a Notary Public.

It will contain: 
•	(1) the applicant's full name, the title of the applicant's position with the employee leasing contractor and a statement that the applicant is authorized to act on behalf of the employee leasing contractor in connection with the application; 
•	(2) the business name, if any, of the applicant; 
•	(3) the applicant's legal entity status; 
•	(4) if the applicant is an individual, the applicant's: (a) age; and (b) date and place of birth.

Removed: 
•	The Social Security Number requirement was removed from this section.

Changed Subsection (B):
•	Changes in information required to be included in the application for registration as an employee leasing contractor will be reported to the department by the employee leasing contractor within thirty days of the date the change occurs. 
•	Failure by the employee leasing contractor to comply with this requirement constitutes cause for the department to cancel the employee leasing contractor's registration.


Changed Law: Qualifications for Licensure as an Optometrist, Section 61-2-8 NMSA 1978.

Each applicant for licensure as an optometrist will furnish evidence satisfactory to the board that the applicant:

Removed Content:
•	(D). is a citizen of the United States or has taken out his first naturalization papers.


Changed Law: Licensure by Endorsement, Section 61-6-13 NMSA 1978.

Changed Subsection (B):

The board may grant a license by endorsement to an applicant who:

Removed Content:
•	(3) is in compliance with the United States immigration laws.


Changed Law: Licensure-Qualifications, Section 61-12D-10 NMSA 1978.

Changed Subsection (B):

An applicant for licensure as a physical therapist who has been educated outside the United States will submit a completed application and meet the following minimum qualifications in addition to those required in Paragraphs (1), (3), and (4) of Subsection A of this section:
•	(3) provide written proof of authorization to practice as a physical therapist without limitations in the legal jurisdiction where the post-secondary institution from which the applicant has graduated is located.

Removed Content:
•	(4) provide proof of legal authorization to reside and seek employment in the United States or its territories.


Changed Law: Qualification of Manager Applicants, Section 61-18A-11 NMSA 1978.

The licensed manager to be actively in charge of a collection agency will:

Removed Content:
•	(A). be a citizen of the United States.


Changed Law: Licensure, Section 61-24D-6 NMSA 1978.

Changed Subsection (A):

Unless otherwise provided in the Home Inspector Licensing Act, an applicant for a license will:
•	(2) provide documentation to establish that the applicant is at least eighteen years of age.

Removed Content:
•	a legal resident of the United States.


Changed Law: Qualifications for License, Section 61-29-9 NMSA 1978.

Changed Subsection (B):
•	An applicant for a qualifying broker's license or an associate broker's license will have reached the age of majority.
•	Each applicant for a qualifying broker's license or an associate broker's license shall have passed the real estate broker's examination approved by the commission.

Removed Content:
•	be a legal resident of the United States.


Changed Law: Qualification for Real Estate Appraiser Trainee, Section 61-30-10.1 NMSA 1978.

Changed Subsection (B):
•	Each applicant for registration as a real estate appraiser trainee will have reached the age of majority.

Removed Content:
•	be a legal resident of the United States, except as otherwise provided in Section 61-30-20 NMSA 1978.


Changed Law: Qualifications for License, Section 61-30-11 NMSA 1978.

Changed Subsection B:
•	Each applicant for a license as a state-licensed residential real estate appraiser will have reached the age of majority.

Removed Content:
•	be a legal resident of the United States, except as otherwise provided in Section 61-30-20 NMSA 1978.


Changed Law: Qualifications for Certified Residential and General Real Estate Appraisers, Section 61-30-12 NMSA 1978.

Changed Subsection (B):
•	Each applicant for a state-certified residential or general real estate appraiser classification will have reached the age of majority.

Removed Content:
•	be a legal resident of the United States, except as otherwise provided in Section 61-30-20 NMSA 1978.

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