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New Mexico law streamlining in-home childcare among 20 new measures set to take effect

Bills dealing with license plate readers, reading assessments will also hit the books this week

Destiny Montoya, center, takes care of Gwen Roecker, 3, left, and other children at Little Bloom Child Care in Santa Fe in September. New Mexico launched a first-of-its-kind universal childcare initiative last fall.
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SANTA FE 鈥 New Mexico鈥檚 push to expand childcare options for families could get a boost Wednesday with the implementation of a new state law intended to make it easier to open in-home childcare centers.

The new law, one of roughly 20 set to take effect this week, is specifically intended to ensure home-based daycares are not blocked from opening by local zoning requirements. 

It comes as Gov. Michelle Lujan Grisham鈥檚 administration has launched a first-of-its-kind universal childcare initiative that has generated both praise and criticism since being enacted last fall.

Sen. Heather Berghmans, D-Albuquerque, one of the sponsors of the law, cited stories of some aspiring daycare owners spending years trying to meet patchwork local zoning requirements.

At a glance:

Roughly 20 new state laws take effect Wednesday, which is also the start of the state鈥檚 new fiscal year. Here are some of the new laws:

  • Rebrand the New Mexico Game and Fish Department as the New Mexico Department of Wildlife.

  • Creation of new office of special education within in Public Education Department.

  • Limit sharing of data collected by automatic license plate readers.

  • Update state literacy curriculum and provide literacy assessments for all K-3 at public schools in New Mexico.

鈥淲e really just want to make it as easy as possible for people who want to open an in-home childcare center,鈥 said Berghmans, who pointed out such centers will still have to go through a state vetting process.

However, Republican gubernatorial nominee Gregg Hull and other skeptics have questioned the wisdom of the state usurping the zoning authority of local governments around New Mexico.

鈥淚nstead of leaning on the local resources, the state took the approach of bypassing the local resources,鈥 said Hull, the former mayor of Rio Rancho.

As part of its universal childcare push, the governor's administration has set a goal of building 55 more licensed childcare centers and registering 1,000 new in-home daycares to accommodate the influx of additional families.

Early Childhood Education and Care Secretary Elizabeth Groginsky has acknowledged it will take time to meet the statewide demand for state-subsidized childcare for working parents, especially in parts of New Mexico designated as childcare 鈥渄eserts.鈥 

But data provided Tuesday by the agency shows the number of licensed childcare homes around New Mexico has already increased from 287 as of September to 335 as of May.

In addition, the number of registered home daycares 鈥 a separate category of childcare center that are allowed up to four non-resident children 鈥 has jumped from 820 to 926 during the same time period, according to ECECD data.

That New Mexico trend comes as home-based childcare is declining in other parts of the country, Groginsky said. She also said the new law will ensure such daycare facilities avoid surprise fees, special permits and de facto bans by homeowners鈥 associations.

鈥淭his matters because local zoning is often the deciding factor in whether a provider can open, stay open, or grow to meet community need,鈥 Groginsky said in a Tuesday statement.

鈥淎nd the early signs are overwhelmingly positive: providers are opening and new homes are preparing to open, and participation in family childcare is rising,鈥 she added.

Most of the new laws set to take effect this week were approved by lawmakers during this year鈥檚 30-day legislative session, which ended in February.

While most newly approved state laws took effect in May, others are intentionally scheduled to hit the books in conjunction with the start of the state鈥檚 new budget year on July 1.

The start of the new fiscal year also means 1% salary increases for state workers and teachers around New Mexico. The raises were included in a $11.1 billion budget bill approved by lawmakers during the session鈥檚 final days.

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com.