SB 58 New Mexico Senate · 2025 Regular Session

CHILDCARE FACILITY LICENSING ACT

SB 58, the Child Care Facility Licensing Act, requires child care facilities in New Mexico serving more than four nonresident children to obtain a license from the Early Childhood Education and Care Department. License-exempt facilities (operating in a home setting for four or fewer children) may choose to register with the department instead, allowing them to access federal food programs and child care assistance. The department will inspect facilities, enforce compliance through rules on safety and operations, and can revoke licenses or impose penalties for violations, especially those involving child safety risks. This bill establishes clear licensing requirements, registration options, and enforcement mechanisms to ensure child care facility standards.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Senate Passage
Mar 2025
House Passage
Governor
Introduced Jan 22, 2025 Last action Jun 3, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

JU substitute PA substitute · 10 edits
MAJOR
This bill transforms New Mexico's early childhood care system by creating a new Child Care Facility Licensing Act that requires all child care facilities to be licensed or registered with the state, replacing the previous system where facilities were exempt from procurement code requirements. The legislation establishes a comprehensive regulatory framework including inspection powers, complaint procedures, revocation authority, and civil penalties for non-compliance, while also updating the Pre-Kindergarten Act to improve program quality and accountability.
Scope change
The bill significantly expands state oversight by requiring all child care facilities to obtain a license or register with the department, whereas previously many facilities operated without state licensing requirements. It also adds new exemptions to the state procurement code for early childhood services.
REQUIREMENT

New Child Care Facility Licensing Act requiring all child care facilities to obtain a license or register with the department, with provisions for cease-and-desist orders for unlicensed operations.

New fee structure for licensing applications up to $1,000 per facility, with fees deposited into a recurring account for compliance investigations.

New application requirements for early pre-kindergarten and pre-kindergarten programs including staff qualifications, curriculum descriptions, and plans for supporting children with special needs.

Mandatory annual reporting to the governor and legislature on early pre-kindergarten and pre-kindergarten program performance and outcomes.

Requirement for tiered quality rating system with higher payment rates for higher-rated providers to incentivize quality improvement.

ENFORCEMENT

Department inspection and investigation powers, complaint procedures with confidentiality protections, and authority to revoke or suspend licenses with civil penalties up to $10,000 per day for non-compliance.

ELIGIBILITY

Updated definitions for eligible children in early pre-kindergarten programs, now including children enrolled in Head Start preschool and those eligible for special education services.

Priority given to programs serving communities with Title I schools where at least 66% of children reside in the attendance zone of a Title I elementary school.

EXEMPTIONS

Multiple new exemptions to the state procurement code for early childhood services, child care assistance, and various government contracts including those for disability services, tourism, and cultural affairs.

DEFINITION

New definitions for child care facility, license-exempt child care facility, and licensee to clarify which facilities require licensing versus registration.

Floor votes · Senate Mar 18, 2025

How they voted

290
Passed · 11 other
Total votes 40
Mar 18, 2025
D Democratic24
18 Yea 6
75% Yea
R Republican16
11 Yea 5
68% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
6
Key actions
3
Committee
2
Mar 19, 2025
Introduced
Sent to House Judiciary Committee
lower
Mar 18, 2025
Upper · Passed
passed Senate
upper
Mar 16, 2025
Upper · Passed
DO NOT PASS, replaced with committee substitute
upper
Feb 18, 2025
Upper · Passed
DO NOT PASS, replaced with committee substitute
upper
Jan 22, 2025
Introduced
Sent to Senate Health and Public Affairs Committee & Senate Judiciary Committee
upper
2 primary · 0 co-sponsors

Sponsors