Emergency Rule Change for 8.9.4 NMAC, Effective July 1, 2026

SB 96 takes effect on July 1, 2026. As of that date, the existing regulations in 8.9.4.31 NMAC will
conflict with the state law enacted by SB 96. This conflict is likely to create confusion regarding licensing
and registration requirements, delay or disrupt the licensing of child care homes, and impair the provision
of child care services. The legislature tasked ECECD with furthering the common good by providing
“New Mexico families with consistent access to appropriate early childhood care and education services”.
§ 9-29-8 NMSA1978. ECECD’s licensing and registration of child care homes ensure the health and
safety of children participating in the child care system. Accordingly, a conflict between state law and
regulation would have immediate and negative consequences for ECECD’s ability to ensure the safe
operation of child care homes and for participating families who rely on child care assistance to afford
safe child care and maintain employment or pursue education.

An emergency rule is, therefore, necessary to amend 8.9.4.31 NMAC is necessary to prevent disruption of
these services and to protect the public health, safety, and welfare by ensuring families can access safe,
healthy, and affordable child care settings for their children, thereby ensuring the welfare of the most
vulnerable New Mexicans. For these reasons, these emergency rule amendments are filed, effective on the
dates set forth below, to amend 8.9.4.4 NMAC and Subsection A of 8.9.4.31 NMAC.