AN ACT
RELATING TO ECONOMIC DEVELOPMENT;
CHANGING CERTAIN PROVISIONS OF THE DEVELOPMENT TRAINING PROGRAM TO PERMIT USE
OF TRAINING FUNDS FOR PART-TIME EMPLOYEES AND TO PROVIDE FOR TRAINING FUNDS FOR
FULL-TIME-EQUIVALENT POSITIONS.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 21-19-7 NMSA 1978 (being Laws 1983,
Chapter 299, Section 1, as amended) is amended to read:
"21-19-7. DEVELOPMENT TRAINING.--
A. The economic development department shall
establish a development training program that provides quick-response classroom
and in-plant training to furnish qualified manpower resources for new or
expanding industries and non-retail service sector businesses in New Mexico
that have business or production procedures that require skills unique to those
industries. Training shall be custom
designed for, and based on the special requirements of, each company. The program shall be operated on a statewide
basis and shall be designed to assist any area in becoming more competitive
economically.
B. There is created the "industrial
training board" composed of:
(1) the director of the economic development
division of the economic development department;
(2) the director of the vocational education
division of the state department of public education;
(3) the director of the job training division of
the labor department;
(4) the executive director of the commission on
higher education;
(5) one member from organized labor appointed by
the governor; and
(6) one public member from the business community
appointed by the governor.
C. The industrial training board shall establish
policies and promulgate rules for the administration of appropriated funds and
shall provide review and oversight to ensure that funds expended from the
development training fund will generate business activity and give measurable
growth to the economic base of New Mexico within the legal limits preserving
the ecological state of New Mexico and its people.
D. Subject to the approval of the industrial
training board, the economic development division of the economic development
department shall:
(1) administer all funds allocated or
appropriated for industrial development training purposes;
(2) provide designated training services;
(3) regulate, control and abandon any training
program established under the provisions of this section;
(4) assist companies requesting training in the
development of a training proposal to meet the companies' manpower needs;
(5) contract for the implementation of training
programs;
(6) provide for training by educational
institutions or by a company through in-plant training, at that company's
request; and
(7) evaluate training efforts on a basis of
performance standards set forth by the industrial training board.
E. The vocational education division of the
state department of public education shall provide technical assistance to the
economic development department concerning the development of agreements, the
determination of the most appropriate instructional training to be provided and
the review of training program implementation.
F. The state shall contract with a company or an
educational institution to provide training or instructional services in
accordance with the approved training proposal and within the following
limitations:
(1) payment shall be made for up to one thousand
forty hours of training per full-time-equivalent position; provided that no
more than ten percent of the payments are for part-time positions;
(2) training applicants shall have resided within
the state for a minimum of one year immediately prior to the commencement of
the training program and be of legal status for employment; provided, however,
that prior to July 1, 2004, the residency requirements may be waived in part
for a project within a New Mexico community located within fifty miles of the
state border if the project meets the following criteria:
(a) the project will employ more than one
thousand five hundred employees;
(b) the resident labor force within a fifty-mile
radius of the project location is not sufficient to fill the
full-time-equivalent position requirements of the project as determined by the
labor department;
(c) preference for training shall be given to New
Mexico residents; and
(d) no less than fifty percent of the project's
work force shall be residents of New Mexico;
(3) payment for institutional classroom training
shall be made pursuant to an accepted training contract for a qualified
training program;
(4) payment shall not be made pursuant to an
accepted training contract for rental of facilities unless facilities are not
available on site or at the educational institution;
(5) all applicants shall be eligible under the
federal Fair Labor Standards Act of 1938, as amended, and shall not have
terminated a public school program within the past three months except by
graduation;
(6) trainees shall be guaranteed employment with
the contracted company upon successful completion of the training;
(7) persons employed to provide the instructional
services shall be exempt from the minimum requirements established in the state
plan for other state vocational programs; and
(8) payment shall not be made for training
programs or production of Indian jewelry or imitation Indian jewelry unless a
majority of those involved in the training program or production are of Indian
descent.”
HB 24
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