NM
New Mexico House Bill HB69

New Mexico 2025 Regular Session

New Mexico House Bill HB69 Compare Versions

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1-HB 69
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28+HOUSE BILL 69
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Joy Garratt
2848 AN ACT
29-RELATING TO HIGHER EDUCATION; ENACTING THE PUBLIC SERVICE
30-LOAN FORGIVENESS MULTIPLIER ACT; PROVIDING A MULTIPLIER FOR
31-ADJUNCT AND CONTINGENT FACULTY AT POST-SECONDARY EDUCATIONAL
49+RELATING TO HIGHER EDUCATION; ENACTING THE PUBLIC SERVICE LOAN
50+FORGIVENESS MULTIPLIER ACT; PROVIDING A MULTIPLIER FOR ADJUNCT
51+AND CONTINGENT FACULTY AT POST-SECONDARY EDUCATIONAL
3252 INSTITUTIONS; PROVIDING FOR THE CERTIFICATION OF FULL-TIME
33-EMPLOYMENT STATUS; PROVIDING FOR NOTICE AND RENEWAL OF A
34-PUBLIC SERVICE LOAN FORGIVENESS FORM; PROVIDING FOR THE
35-DISSEMINATION OF PUBLIC SERVICE LOAN FORGIVENESS INFORMATION.
53+EMPLOYMENT STATUS; PROVIDING FOR NOTICE AND RENEWAL OF A PUBLIC
54+SERVICE LOAN FORGIVENESS FORM; PROVIDING FOR THE DISSEMINATION
55+OF PUBLIC SERVICE LOAN FORGIVENESS INFORMATION.
3656 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3757 SECTION 1. A new section of Chapter 21 NMSA 1978 is
3858 enacted to read:
39-"SHORT TITLE.--This act may be cited as the
59+"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the
4060 "Public Service Loan Forgiveness Multiplier Act"."
4161 SECTION 2. A new section of Chapter 21 NMSA 1978 is
4262 enacted to read:
43-"DEFINITIONS.--As used in the Public Service Loan
44-Forgiveness Multiplier Act:
45-A. "certifying employment" means either completing
46-the employer sections of the public service loan forgiveness
47-form or sharing data directly with the United States
48-department of education that corresponds to the information
49-required for the public service loan forgiveness form;
50-B. "employee" means someone who works for a public
51-service employer, regardless of whether the public service HB 69
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90+"[NEW MATERIAL] DEFINITIONS.--As used in the Public
91+Service Loan Forgiveness Multiplier Act:
92+A. "certifying employment" means either completing
93+the employer sections of the public service loan forgiveness
94+form or sharing data directly with the United States department
95+of education that corresponds to the information required for
96+the public service loan forgiveness form;
97+B. "employee" means someone who works for a public
98+service employer, regardless of whether the public service
7899 employer considers that work to be full-time or part-time,
79100 contingent or contracted, or who receives a form W-2 from the
80101 employer;
81102 C. "full-time" means the lesser of:
82103 (1) working at least an average of thirty
83104 hours per week or working at least an average of thirty hours
84105 per week throughout a contractual or employment period of at
85106 least eight months in a twelve-month period; or
86107 (2) an hourly standard adopted by the United
87108 States department of education;
88-D. "public service employer" means a post-
89-secondary educational institution in the state that is
90-designated as a qualifying employer under the federal public
91-service loan forgiveness program by the United States
92-department of education;
93-E. "public service loan forgiveness form" means
94-the form used by the United States department of education to
95-certify an individual's employment at a public service
96-organization and is used to determine eligibility for the
97-purposes of the public service loan forgiveness program; and
98-F. "public service loan forgiveness program" means
99-the federal loan forgiveness program established pursuant to
100-34 C.F.R. Section 685.219, as amended."
101-SECTION 3. A new section of Chapter 21 NMSA 1978 is
102-enacted to read: HB 69
103-Page 3
109+D. "public service employer" means a post-secondary
110+educational institution in the state that is designated as a
111+qualifying employer under the federal public service loan
112+forgiveness program by the United States department of
113+education;
114+E. "public service loan forgiveness form" means the
115+.229363.1
116+- 2 - underscored material = new
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129-"CERTIFICATION OF EMPLOYMENT--HOUR MULTIPLIER--
130-DETERMINATION OF FULL-TIME EMPLOYMENT.--
143+form used by the United States department of education to
144+certify an individual's employment at a public service
145+organization and is used to determine eligibility for the
146+purposes of the public service loan forgiveness program; and
147+F. "public service loan forgiveness program" means
148+the federal loan forgiveness program established pursuant to 34
149+C.F.R. Section 685.219, as amended."
150+SECTION 3. A new section of Chapter 21 NMSA 1978 is
151+enacted to read:
152+"[NEW MATERIAL] CERTIFICATION OF EMPLOYMENT--HOUR
153+MULTIPLIER--DETERMINATION OF FULL-TIME EMPLOYMENT.--
131154 A. For the purposes of certifying employment for
132155 the public service loan forgiveness program for employees who
133-are former or current adjunct professors or contingent
134-faculty at a post-secondary educational institution, a public
135-service employer shall credit at least four and thirty-five
136-hundredths hours worked for each hour of credit or classroom
137-contact time, regardless of when the hours are worked,
138-including hours worked on or after October 1, 2007. The
139-provisions of this subsection shall not supersede any greater
140-adjustment factor established by a collective bargaining
141-agreement or employer policy in recognition of additional
142-work associated with lecture or classroom time for the
143-purpose of the public service loan forgiveness program and
144-shall have no other applicability for public service
145-employers and employees.
146-B. When determining whether an employee is
147-considered full-time, for the purpose of certifying
148-employment for the public service loan forgiveness program
149-only, a public service employer shall not treat any adjusted
150-total hours worked pursuant to this section differently from
151-hours worked without an adjustment factor.
152-C. For the purpose of certifying employment only,
153-a public service employer shall: HB 69
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156+are former or current adjunct professors or contingent faculty
157+at a post-secondary educational institution, a public service
158+employer shall credit at least four and thirty-five hundredths
159+hours worked for each hour of credit or classroom contact time,
160+regardless of when the hours are worked, including hours worked
161+on or after October 1, 2007. The provisions of this subsection
162+shall not supersede any greater adjustment factor established
163+by a collective bargaining agreement or employer policy in
164+recognition of additional work associated with lecture or
165+classroom time for the purpose of the public service loan
166+forgiveness program and shall have no other applicability for
167+public service employers and employees.
168+.229363.1
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196+B. When determining whether an employee is
197+considered full-time, for the purpose of certifying employment
198+for the public service loan forgiveness program only, a public
199+service employer shall not treat any adjusted total hours
200+worked pursuant to this section differently from hours worked
201+without an adjustment factor.
202+C. For the purpose of certifying employment only, a
203+public service employer shall:
180204 (1) consider as full-time, as necessary, any
181205 employee who satisfies the definition of "full-time" pursuant
182206 to Subsection C of Section 2 of the Public Service Loan
183207 Forgiveness Multiplier Act; and
184208 (2) treat as a continuous employment period
185209 any consecutive academic terms for which an employee teaches,
186210 regardless of whether such hours are taught pursuant to
187211 separate employment contracts and regardless of whether such
188-academic terms are separated by routine academic vacation,
189-but only to the extent that doing so maximizes the amount of
190-time for which an employee's employment can be considered
191-full-time.
212+academic terms are separated by routine academic vacation, but
213+only to the extent that doing so maximizes the amount of time
214+for which an employee's employment can be considered full-time.
192215 D. A public service employer shall adopt a policy
193216 of maximizing the amount of time for which an employee's
194217 employment can be considered full-time. Nothing in this
195-section shall require a public service employee to increase
196-the number of contracted hours for which the employee is
197-paid.
218+section shall require a public service employee to increase the
219+number of contracted hours for which the employee is paid.
198220 E. Notwithstanding the provisions of this section,
199-should the United States department of education promulgate
200-rules related to the calculation of hours worked for the
201-purposes of certifying employment for the public service loan
202-forgiveness program that are more favorable to employees than
203-those requirements provided herein, those rules shall
204-govern." HB 69
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249+should the United States department of education promulgate
250+rules related to the calculation of hours worked for the
251+purposes of certifying employment for the public service loan
252+forgiveness program that are more favorable to employees than
253+those requirements provided herein, those rules shall govern."
231254 SECTION 4. A new section of Chapter 21 NMSA 1978 is
232255 enacted to read:
233-"EMPLOYMENT CERTIFICATION--PUBLIC SERVICE LOAN
234-FORGIVENESS FORM--CALCULATION OF TIME WORKED.--
256+"[NEW MATERIAL] EMPLOYMENT CERTIFICATION--PUBLIC SERVICE
257+LOAN FORGIVENESS FORM--CALCULATION OF TIME WORKED.--
235258 A. In the event that the United States department
236259 of education permits public service employers to certify
237260 employment for past or present individual employees or groups
238261 of employees directly with the United States department of
239-education or its agents, notwithstanding any other provision
240-of law, a public service employer shall be permitted to send
241-to the United States department of education or its agents
242-the information necessary for employment certification.
262+education or its agents, notwithstanding any other provision of
263+law, a public service employer shall be permitted to send to
264+the United States department of education or its agents the
265+information necessary for employment certification.
243266 B. Subject to the provisions of this section, a
244267 public service employer shall certify the employment of:
245268 (1) any former or current employee who
246269 requests that the public service employer complete a public
247270 service loan forgiveness form; and
248271 (2) any employee who is ending work with the
249272 public service employer.
250273 C. The public service employer shall certify the
251-period of employment requested by the former or current
252-employee or, if no period is specified, shall certify a
253-former or current employee’s entire period of employment.
254-D. Post-secondary educational institutions shall
255-use the calculation established in Section 3 of the Public HB 69
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302+period of employment requested by the former or current
303+employee or, if no period is specified, shall certify a former
304+or current employee’s entire period of employment.
305+D. Post-secondary educational institutions shall
306+use the calculation established in Section 3 of the Public
282307 Service Loan Forgiveness Multiplier Act and may apply it to
283-hours worked beginning October 1, 2007, only for the purpose
284-of determining whether a part-time employee is considered
285-full-time for the public service loan forgiveness program.
286-E. A public service employer shall not
287-unreasonably delay certifying employment.
308+hours worked beginning October 1, 2007, only for the purpose of
309+determining whether a part-time employee is considered full-
310+time for the public service loan forgiveness program.
311+E. A public service employer shall not unreasonably
312+delay certifying employment.
288313 F. Nothing in this section shall prevent a public
289314 service employer from seeking permission from employees prior
290315 to certifying the employees' employment."
291316 SECTION 5. A new section of Chapter 21 NMSA 1978 is
292317 enacted to read:
293-"HIGHER EDUCATION DEPARTMENT DUTIES--PUBLIC SERVICE
294-EMPLOYER DUTIES--DISSEMINATION OF LOAN FORGIVENESS
318+"[NEW MATERIAL] HIGHER EDUCATION DEPARTMENT DUTIES--PUBLIC
319+SERVICE EMPLOYER DUTIES--DISSEMINATION OF LOAN FORGIVENESS
295320 INFORMATION.--
296321 A. The secretary of higher education or the
297322 secretary's designee shall develop and update, as necessary,
298323 materials designed to promote and increase awareness of the
299-public service loan forgiveness program. The secretary or
300-the secretary's designee may use materials developed by other
301-state agencies or by the United States department of
302-education, as appropriate. The materials shall include:
303-(1) a standardized letter for public service
304-employers to distribute to employees that briefly summarizes
305-the public service loan forgiveness program, provides
306-information about what eligible employees are required to do HB 69
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324+public service loan forgiveness program. The secretary or the
325+secretary's designee may use materials developed by other state
326+agencies or by the United States department of education, as
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333-to benefit from the program and recommends that eligible
334-employees contact their student loan service for additional
335-resources;
355+appropriate. The materials shall include:
356+(1) a standardized letter for public service
357+employers to distribute to employees that briefly summarizes
358+the public service loan forgiveness program, provides
359+information about what eligible employees are required to do to
360+benefit from the program and recommends that eligible employees
361+contact their student loan service for additional resources;
336362 (2) a detailed fact sheet describing the
337-public service loan forgiveness program, including the
338-official websites maintained by the United States department
339-of education for the program and by the United States
340-department of the treasury for student loan borrower
341-resources; and
363+public service loan forgiveness program, including the official
364+websites maintained by the United States department of
365+education for the program and by the United States department
366+of the treasury for student loan borrower resources; and
342367 (3) a document containing frequently asked
343368 questions about the public service loan forgiveness program.
344369 B. The secretary of higher education shall
345-coordinate with other state agencies and offices, as
346-necessary, to make the materials available to public service
347-employers.
370+coordinate with other state agencies and offices, as necessary,
371+to make the materials available to public service employers.
348372 C. Each public service employer shall annually
349373 provide to all employees the most recent available version of
350-the materials required pursuant to Subsection A of this
351-section in written or electronic form. In addition to those
352-materials, a public service employer shall provide a newly
353-hired employee with those same materials within thirty days
354-of the employee's first day of employment by mail, by
355-electronic mail or during an in-person new employee
356-orientation."
357-SECTION 6. EFFECTIVE DATE.--The effective date of the HB 69
358-Page 8
374+the materials required pursuant to Subsection A of this section
375+in written or electronic form. In addition to those materials,
376+a public service employer shall provide a newly hired employee
377+with those same materials within thirty days of the employee's
378+first day of employment by mail, by electronic mail or during
379+an in-person new employee orientation."
380+.229363.1
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408+SECTION 6. EFFECTIVE DATE.--The effective date of the
384409 provisions of this act is July 1, 2025.
410+- 8 -
411+.229363.1