0001|                           HOUSE BILL 1310
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          EDWARD C. SANDOVAL
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO PROFESSIONAL LICENSING; AMENDING AND ENACTING
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0012|     SECTIONS OF THE CONSTRUCTION INDUSTRIES LICENSING ACT TO
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0013|     REQUIRE CONTINUING EDUCATION AS A CONDITION FOR RENEWAL OF
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0014|     CONTRACTORS' LICENSES AND JOURNEYMEN'S CERTIFICATION OF
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0015|     COMPETENCY.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  A new section of the Construction Industries
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0019|     Licensing Act is enacted to read:  
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0020|          "[<u>NEW MATERIAL</u>]  RENEWAL OF LICENSE OR CERTIFICATE OF
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0021|     COMPETENCE--CONTINUING EDUCATION.--
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0022|               A.  A contractor applying for license renewal or a
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0023|     journeyman applying for renewal of a certification of
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0024|     competence shall successfully complete continuing education
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0025|     requirements established by the division.  The division shall
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0001|     require, at a minimum, that contractors and journeymen complete
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0002|     at least twenty hours of continuing education every three
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0003|     years.  The continuing education courses shall include, at a
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0004|     minimum, the following courses for the respective specialties:
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0005|                    (1)  building:  GB2, GB98 and all GS;
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0006|                    (2)  electrical:  EE98, EL and all ES
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0007|     classifications, including journeymen certificates;
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0008|                    (3)  plumbing:  MM-1 and all MS specialties,
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0009|     including all journeymen certificates; and
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0010|                    (4)  mechanical:  MM 2, 3, 4 and all MS
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0011|     specialties, including all journeymen certificates.
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0012|               B.  All active as well as inactive licensees and
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0013|     certificate holders shall have continuing education credits in
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0014|     their respective divisions.  A licensed contractor holding a
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0015|     corresponding journeyman certificate satisfies the continuing
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0016|     education requirement for both areas by taking the appropriate
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0017|     code course.
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0018|               C.  The courses shall be taken only at accredited
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0019|     schools approved by the United States department of education
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0020|     and the commission on higher education."
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0021|               D.  Persons who have been licensed for twenty years
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0022|     or more and are sixty-five years old or older are exempt from
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0023|     the provisions of this section.
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0024|          Section 2.  Section 60-13-18 NMSA 1978 (being Laws 1967,
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0025|     Chapter 199, Section 20, as amended) is amended to read:
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0001|          "60-13-18.  LICENSES--RENEWAL <u>CONTINUING EDUCATION</u>.--
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0002|               A.  Licenses issued by the division are not
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0003|     transferable.
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0004|               B.  Contractor's licenses shall expire two years
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0005|     after the issuance date or as determined by the division, but
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0006|     in no instance less than one year, and shall be renewable upon
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0007|     application to the division and payment of the prescribed
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0008|     renewal fee; provided that nothing in this subsection shall
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0009|     prohibit the division from establishing a staggered system of
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0010|     license expiration and a procedure for proration of fees for
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0011|     licenses issued for less than the two-year period or other
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0012|     period provided by the division pursuant to this subsection.
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0013|               C.  Licenses shall expire upon the date established
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0014|     by regulation of the commission, such regulation to provide for
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0015|     a staggered system of license expiration and for proration of
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0016|     fees for licenses issued for less than a full year. 
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0017|     Thereafter, such licenses shall be issued for a period of two
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0018|     years or as otherwise provided by the division pursuant to
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0019|     Subsection B of this section.  Licenses shall be subject to
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0020|     renewal upon application to the division and payment of the
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0021|     prescribed renewal fee.
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0022|               D.  The director shall, at least thirty days prior
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0023|     to the expiration date of a license, notify the licensee of the
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0024|     approaching expiration.  Notice shall be given by mail
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0025|     addressed to the licensee's last address on file with the
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0001|     division.  The notice shall include a renewal application form,
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0002|     instructions and any other information prescribed by the
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0003|     division.
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0004|               E.  Failure of a licensee to make application for the
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0005|     renewal of his license, to furnish such other information
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0006|     required by the commission <u>to submit evidence of fulfilling
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<u></u>0007| <u>    the continuing education requirements provided for in the
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<u></u>0008| <u>    Construction Industries Licensing Act</u> and to pay the
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0009|     prescribed renewal fee by the last working day prior to the
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0010|     expiration of the license shall cause the license to be
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0011|     suspended by operation of law.
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0012|               F.  Unless the license is renewed within a three-
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0013|     month period, it shall be canceled.  The suspended license may
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0014|     be renewed only after payment of a fee equal to one dollar
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0015|     ($1.00) for each day, up to thirty days, that has elapsed since
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0016|     the expiration date of the license and thereafter for a fee
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0017|     equal to twice the amount of the renewal fee."
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0018|          Section 3.  Section 60-13-39 NMSA 1978 (being Laws 1967,
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0019|     Chapter 199, Section 42, as amended) is amended to read:
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0020|          "60-13-39.  CERTIFICATES AND EXAMINATION <u>CONTINUING
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<u></u>0021| <u>    EDUCATION</u>.--
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0022|               A.  Certificates of competence issued by the
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0023|     division are not transferable and shall expire on the date
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0024|     established by the division, not more than one year from the
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0025|     month of issuance.
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0001|               B.  Application shall be made before the expiration
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0002|     date for renewal of a current certificate of competence and
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0003|     shall be accompanied by <u>evidence of fulfilling the continuing
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<u></u>0004| <u>    education requirements provided for in the Construction
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<u></u>0005| <u>    Industries Licensing Act and</u> the fee prescribed for the
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0006|     initial issuance of the certificate.
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0007|               C.  Applications for a renewal of a certificate of
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0008|     competence shall be filed with the division prior to the last
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0009|     working day before the certificate expires.  An expired
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0010|     certificate shall be renewable within a six-month period
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0011|     without examination and only upon paying a fee in twice the
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0012|     amount of the renewal fee.  If the certificate has not been
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0013|     renewed within the six-month period, it shall be canceled."
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0014|                              
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