HOUSE JOINT MEMORIAL 28

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Randal S. Crowder

A JOINT MEMORIAL

REQUESTING THE CONSTRUCTION INDUSTRIES DIVISION OF THE REGULATION AND LICENSING DEPARTMENT TO CONVENE A WORKING GROUP COMPOSED OF INDUSTRY REPRESENTATIVES AND OTHER INTERESTED PARTIES TO STUDY AND MAKE RECOMMENDATIONS FOR UPDATING AND REVISING THE CONSTRUCTION INDUSTRIES LICENSING ACT.

     WHEREAS, the construction industry in the state impacts the lives of virtually every New Mexico resident because it is a major contributor to statewide economic development and job creation; and

     WHEREAS, the Construction Industries Licensing Act regulates construction and contracting in New Mexico with the critical purpose of promoting general welfare by providing life and property protection; and

     WHEREAS, the 1967 act has been amended numerous times, resulting in an act that is difficult to understand, contains obsolete provisions and lacks a cohesive and organized format; and

     WHEREAS, since the enactment of the act, New Mexico's construction industry has rapidly evolved in both technology and methods, rendering the act, even as amended, somewhat ineffective in addressing this modernization; and

     WHEREAS, the construction industries division of the regulation and licensing department has already begun looking at a process to address these concerns and has developed a working draft of possible statutory changes that has been presented for discussion to a cross section of industry and labor; and

     WHEREAS, those discussions have produced strong consensus that the industry would benefit by further study of the issues concerning the act;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the construction industries division of the regulation and licensing department be requested to convene a working group to evaluate the preliminary working draft the division has prepared and to make recommendations concerning proposals to revise the Construction Industries Licensing Act; and

     BE IT FURTHER RESOLVED that the working group be composed of the director of the construction industries division of the regulation and licensing department and members nominated by industry and selected by the director who represent each of the following: the construction industries commission, the New Mexico municipal league, commercial contractors, residential contractors, organized labor, the plumbing and mechanical trades, the electrical trade, the liquified petroleum gas trade and the national association of industrial and office parks; and

     BE IT FURTHER RESOLVED that the deputy superintendent of the regulation and licensing department be requested to serve as chair of the working group and to preside over all working group meetings with the assistance of division staff as deemed necessary and appropriate by the deputy superintendent; and

     BE IT FURTHER RESOLVED that the working group be requested to commence its work on or before June 1, 2018, and prior to October 1, 2018, meet no fewer than four times and present a consensus legislative proposal of changes to the Construction Industries Licensing Act to the appropriate legislative interim committee for introduction in the 2019 legislative session; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the co-chairs of the New Mexico legislative council, the superintendent of regulation and licensing and the director of the construction industries division of the regulation and licensing department.

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