0001| SENATE BILL 1177
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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| JOHN ARTHUR SMITH
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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 DEVELOPMENT TRAINING; REQUIRING THAT DEVELOPMENT
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0012| AND IN-PLANT TRAINING FUNDS BE USED IN COUNTIES WITH HIGH
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0013| UNEMPLOYMENT.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 21-19-7 NMSA 1978 (being Laws 1983,
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0017| Chapter 299, Section 1, as amended) is amended to read:
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0018| "21-19-7. DEVELOPMENT TRAINING.--
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0019| A. The economic development department shall
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0020| establish a development training program that provides quick-
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0021| response classroom and in-plant training to furnish qualified
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0022| manpower resources for new or expanding industries and non-
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0023| retail service sector businesses in high-unemployment
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0024| counties in New Mexico that have business or production
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0025| procedures that require skills unique to those industries.
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0001| Training shall be custom-designed for the particular company
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0002| and shall be based on the special requirements of each company.
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0003| The program shall be operated [on a statewide basis] in
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0004| high-unemployment areas and shall be designed to assist [any
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area] counties with high unemployment in becoming more
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0006| competitive economically.
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0007| B. There is created the "industrial training
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0008| board", which shall be composed of:
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0009| (1) the director of the economic development
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0010| division of the economic development department;
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0011| (2) the director of the vocational education
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0012| division of the state department of public education;
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0013| (3) the director of the job training division
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0014| of the labor department;
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0015| (4) the executive director of the commission
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0016| on higher education;
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0017| (5) one member from organized labor appointed
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0018| by the governor; and
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0019| (6) one public member from the business
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0020| community appointed by the governor.
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0021| C. The industrial training board shall:
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0022| (1) establish policies and promulgate rules
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0023| and regulations for the administration of appropriated funds;
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0024| [and shall]
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0025| (2) provide review and oversight to assure
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0001| that funds expended from the development training fund will
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0002| generate business activity in counties with high unemployment
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0003| and give measurable growth to the economic base of New Mexico
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0004| within the legal limits preserving the ecological state of New
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0005| Mexico and its people; and
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0006| (3) make a determination annually, in
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0007| coordination with the labor department, of the counties with
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0008| high unemployment that qualify as areas in which development
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0009| and in-plant training funds may be expended.
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0010| D. Subject to the approval of the industrial
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0011| training board, the vocational education division of the state
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0012| department of public education shall:
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0013| (1) administer all funds allocated or
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0014| appropriated for industrial development training purposes;
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0015| (2) provide designated training services;
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0016| (3) regulate, control and abandon any training
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0017| program established under the provisions of this section;
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0018| (4) assist companies requesting training in
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0019| the development of a training proposal to meet the companies'
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0020| manpower needs;
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0021| (5) contract for the implementation of all
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0022| training programs;
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0023| (6) provide for training by educational
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0024| institutions or by the company through in-plant training, at
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0025| the company's request; and
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0001| (7) evaluate training efforts on a basis of
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0002| performance standards set forth by the industrial training
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0003| board.
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0004| E. The state shall contract with a company or an
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0005| educational institution to provide training or instructional
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0006| services in accordance with the approved training proposal and
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0007| within the following limitations:
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0008| (1) no payment shall be made for training in
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0009| excess of one thousand forty hours of training per trainee for
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0010| the total duration of training;
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0011| (2) training applicants shall have resided
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0012| within the state for a minimum of one year immediately prior to
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0013| the commencement of the training program and be citizens of the
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0014| United States;
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0015| (3) payment for institutional classroom
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0016| training shall be made under any accepted training contract for
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0017| a qualified training program;
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0018| (4) no payment shall be made under any
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0019| accepted training contract for rental of facilities unless
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0020| facilities are not available on site or at the educational
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0021| institution;
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0022| (5) all applicants shall be eligible under the
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0023| federal Fair Labor Standards Act and shall not have terminated
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0024| a public school program within the past three months except by
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0025| graduation;
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0001| (6) trainees shall be guaranteed full-time
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0002| employment with the contracted company upon successful
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0003| completion of the training;
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0004| (7) persons employed to provide the
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0005| instructional services shall be exempt from the minimum
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0006| requirements established in the state plan for other state
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0007| vocational programs; and
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0008| (8) no payment shall be made for training
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0009| programs or production of Indian jewelry or imitation Indian
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0010| jewelry unless a majority of those involved in the training
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0011| program or production are of Indian descent.
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0012| F. As used in this section, "high unemployment"
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0013| means an annualized unemployment rate of ten percent or more as
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0014| determined by the labor department."
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0015|
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