A JOINT MEMORIAL
REQUESTING THE CONSTRUCTION INDUSTRIES
DIVISION OF THE REGULATION AND LICENSING DEPARTMENT AND THE ATTORNEY GENERAL TO
STUDY THE LAWS AND RULES GOVERNING THE REGULATION OF THE CONSTRUCTION INDUSTRY
TO DETERMINE IF EXISTING PROVISIONS PROVIDE ADEQUATE PROTECTION FOR THE PUBLIC.
WHEREAS, the express purpose of
the Construction Industries Licensing Act is "to promote the general
welfare of the people of New Mexico by providing for the protection of life and
property by adopting and enforcing codes and standards for construction
alteration, installation, connection, demolition and repair work"; and
WHEREAS, in the referenced law,
the legislature makes clear its intent that "examination, licensing and
certification of the occupations and trades within the jurisdiction of the
Construction Industries Licensing Act be such as to ensure or encourage the
highest quality of performance and to require compliance with approved codes
and standards and be, to the maximum extent possible, uniform in application,
procedure and enforcement" and that "contractors be required to
furnish and maintain evidence of responsibility"; and
WHEREAS, pursuant to the
Construction Industries Licensing Act, the construction industries commission
of the regulation and licensing department has responsibility for and authority
to establish policy for the construction industries division of the regulation
and licensing department and "approve or disapprove of all rules,
regulations, standards, codes and licensing requirements . . . which are
subject to [its] approval"; and
WHEREAS, the construction
industries division of the regulation and licensing department has the duty to
adopt rules and regulations, subject to approval of the construction industries
commission and the duty to carry out the provisions of the Construction
Industries Licensing Act; and
WHEREAS, there have been and
continue to be far too many instances in which a member of the consuming public
has suffered financial and other damages because of violations of the
Construction Industries Licensing Act and rules and codes adopted pursuant to
that act; and
WHEREAS, the sanctions for
violations of laws, rules and codes by licensees and by persons required to be
licensed but who perform work without licensing do not appear to deter repeated
violations by some persons and do not afford any effective remedy to the
consumer;
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, in consultation with the
attorney general, the associated general contractors of America and the New
Mexico home builders association, be requested to study the laws and rules
governing the regulation of the construction industry to determine if existing
provisions provide adequate protection for the public; and
BE IT FURTHER RESOLVED that
copies of this memorial be transmitted to the governor, the attorney general,
the superintendent of regulation and licensing, the construction industries
commission and the constructions industries division of the regulation and
licensing department.