All Roll Calls
Yes: 66 • No: 36
New MexicoSB 962026 Regular SessionSenateWALLET
REGULATED CHILD CARE ZONING REQUIREMENTS
Sponsored By: Heather Berghmans (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
Child care homes gain neighborhood protections
Beginning July 1, 2026, New Mexico homeowners' associations cannot ban or unreasonably restrict registered child care homes or licensed family and group child care homes. Associations generally cannot charge these homes special fees, taxes, or assessments; uniform charges tied to actual, documented costs or impacts remain allowed. State registration and licensing requirements take priority over conflicting association rules as needed for compliance. Required accommodations cannot materially weaken the association's ability to protect owners' health, safety, or property. Associations must offer dispute resolution and give notice and a hearing before imposing fines or suspensions.
Easier zoning access for child care centers
Beginning July 1, 2026, licensed New Mexico child care centers are allowed in commercial, mixed-use, and multifamily residential zones without special zoning approvals. Local authorities cannot charge operating fees or taxes, or apply different or stricter building, safety, or nuisance rules than others in that district face. They cannot require off-street parking; centers can use available street, shared, or off-site parking for staff. Required on-site loading and unloading spaces are capped at one per 10 children in the proposed licensed capacity. When zoning rules conflict, the stricter standard generally applies, but the law preserves the protections allowing child care homes and centers without special approvals.
Fewer zoning barriers for child care homes
Beginning July 1, 2026, New Mexico treats registered child care homes and licensed family and group child care homes as allowed residential uses, without special zoning approvals. Local requirements cannot exceed those for other private homes in the same district, and local authorities cannot charge operating fees or taxes. Off-street parking rules cannot be stricter than those for single-family homes in that district. State rules under the law's fire-safety provisions also cannot add requirements beyond those for private homes, while the state child care department keeps its authority to set standards. These statewide rules override conflicting local rules, but local zoning and building-code authority otherwise remains.
Child care providers avoid municipal business fees
Beginning July 1, 2026, qualifying New Mexico child care facilities do not pay municipal business registration or business license fees. The exemption covers licensed centers, registered child care homes, and licensed family and group child care homes. Municipal business registration and license renewal applications must include a tax identification number. Municipalities can still prorate fees for other businesses. The law does not state the amounts providers save.
Firefighters get training for safety inspections
Beginning July 1, 2026, New Mexico's state fire marshal must offer certified firefighters training to help with fire and fire-safety inspections. This supports inspection work for child care facilities. The law does not specify a training schedule, funding amount, or direct household payment.
Sponsors & Cosponsors
Sponsor
Heather Berghmans
Democratic • Senate
Cosponsors
Linda M. Trujillo
Democratic • Senate
Linda Serrato
Democratic • House
Roll Call Votes
House vote • 2/17/2026
Final House Vote
Yes: 41 • No: 23
Senate vote • 2/11/2026
Final Senate Vote
Yes: 25 • No: 13
Actions Timeline
Signed by Governor - Chapter 62 - Mar. 10
3/10/2026SenatePassed in the House of Representatives - Y:41 N:23
2/17/2026HouseHCEDC: Reported by committee with Do Pass recommendation
2/14/2026HouseSent to HCEDC - Referrals: HCEDC
2/11/2026SenatePassed in the Senate - Y:25 N:13
2/11/2026SenateSenate Floor Amendment
2/11/2026SenateSTBTC: Reported by committee with Do Pass recommendation
2/9/2026SenateSHPAC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
2/5/2026SenateSCC: Reported by committee to fall within the purview of a 30 day session
1/28/2026SenateSent to SCC - Referrals: SCC/SHPAC/STBTC
1/22/2026Senate
Bill Text
Final Version
3/10/2026
HCEDC Committee Report 2/14/26
2/14/2026
Senate Floor Amendment 1 2/11/26
2/11/2026
STBTC Committee Report 2/09/26
2/9/2026
SHPAC Committee Report 2/05/26
2/5/2026
SHPAC Committee Substitute 2/05/26
2/5/2026
SCC Committee Report 1/28/26
1/28/2026
Introduced
1/22/2026