New Mexico legislation · 2026 Regular Session
New Mexico SB96: REGULATED CHILD CARE ZONING REQUIREMENTS
Status: Signed into law, March 10, 2026
What the bill says
An act relating to child care; providing that registered child care homes, licensed family child care homes and licensed group child care homes be treated as residential uses in the application of local ordinances and regulations; prohibiting local authorities from imposing additional regulations that do not also apply to other private residences within the same zoning district…
From the enrolled text, March 10, 2026:
AN ACT RELATING TO CHILD CARE; PROVIDING THAT REGISTERED CHILD CARE HOMES, LICENSED FAMILY CHILD CARE HOMES AND LICENSED GROUP CHILD CARE HOMES BE TREATED AS RESIDENTIAL USES IN THE APPLICATION OF LOCAL ORDINANCES AND REGULATIONS; PROHIBITING LOCAL AUTHORITIES FROM IMPOSING ADDITIONAL REGULATIONS THAT DO NOT ALSO APPLY TO OTHER PRIVATE RESIDENCES WITHIN THE SAME ZONING DISTRICT; PROVIDING THAT LOCAL AUTHORITIES SHALL NOT ASSESS OR COLLECT CERTAIN FEES OR REGULATORY TAXES FROM REGISTERED CHILD CARE HOMES, LICENSED FAMILY CHILD CARE HOMES, LICENSED GROUP CHILD CARE HOMES OR LICENSED CHILD CARE CENTERS; PROVIDING THAT LICENSED CHILD CARE CENTERS BE PERMITTED BY RIGHT USE IN ZONES DESIGNATED AS COMMERCIAL; DEFINING "PERMITTED BY RIGHT" AND OTHER TERMS; LIMITING ZONING AUTHORITIES' REGULATION OF OFF-STREET PARKING AS IT APPLIES TO CHILD CARE HOMES AND CHILD CARE CENTERS; CLARIFYING THE APPLICATION OF RULES PROMULGATED PURSUANT TO CHAPTER 59A, ARTICLE 52 NMSA 1978; PROVIDING THAT A HOMEOWNER ASSOCIATION SHALL NOT PROHIBIT THE OPERATION OF, OR ASSESS OR COLLECT A FEE OR TAX FOR THE OPERATION OF, A REGISTERED CHILD CARE HOME, LICENSED FAMILY CHILD CARE HOME OR LICENSED GROUP CHILD CARE HOME. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. Section 3-21-1 NMSA 1978 (being Laws 1965, SHPAC/SB Page Chapter 300, Section 14-20-1, as amended) is amended to read: "3-21-1. ZONING--AUTHORITY …
Sponsors
- Heather Berghmans (D, SD-015) · primary sponsor
- Linda M. Trujillo (D, SD-024)
- Linda Serrato (D, HD-045)
Latest actions
- : Signed by Governor - Chapter 62 - Mar. 10
- : Passed in the House of Representatives - Y:41 N:23
- : HCEDC: Reported by committee with Do Pass recommendation
- : Sent to HCEDC - Referrals: HCEDC
- : Passed in the Senate - Y:25 N:13
- : Senate Floor Amendment
- : STBTC: Reported by committee with Do Pass recommendation
- : SHPAC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
- : SCC: Reported by committee to fall within the purview of a 30 day session
- : Sent to SCC - Referrals: SCC/SHPAC/STBTC
Votes
- House Floor Vote (February 17, 2026): 41 yea, 23 nay, passed
- Senate Floor Vote (February 11, 2026): 25 yea, 13 nay, passed
Subjects: DOMESTIC RELATIONS (marriage, divorce, custody, support), CHILDREN & FAMILIES
Common questions
- What is SB96?
- SB96 is a bill in the New Mexico Legislature (2026 Regular Session): REGULATED CHILD CARE ZONING REQUIREMENTS.
- What does SB96 do?
- In its own words: An act relating to child care; providing that registered child care homes, licensed family child care homes and licensed group child care homes be treated as residential uses in the application of local ordinances and regulations; prohibiting local authorities from imposing additional regulations that do not also apply to other private residences within the same zoning district…
- What is the status of SB96?
- Signed into law as of March 10, 2026. Latest action: Signed by Governor - Chapter 62 - Mar. 10 (March 10, 2026).
- Who sponsored SB96?
- Heather Berghmans (D, SD-015), with 2 co-sponsors.
- Where is the official record for SB96?
- On the New Mexico Legislature website: https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=96&year=26
Source: official New Mexico record. Tracked by Delilah, AI for legislation across all 50 states and Congress.