AN ACT

RELATING TO LICENSING; REVISING LICENSING REQUIREMENTS FOR HOISTING OPERATORS AND MEMBERSHIP IN THE HOISTING OPERATORS LICENSURE EXAMINING COUNCIL; ESTABLISHING THE HOISTING OPERATORS SAFETY ACT FUND; AMENDING, REPEALING AND ENACTING SECTIONS OF THE HOISTING OPERATORS SAFETY ACT; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 60-15-4 NMSA 1978 (being Laws 1993, Chapter 183, Section 4, as amended) is amended to read:

     "60-15-4. LICENSE REQUIRED.--

          A. No person shall operate hoisting equipment in construction, demolition or excavation work when the hoisting equipment is used to hoist or lower individuals or material unless the person is licensed under the Hoisting Operators Safety Act or is exempt pursuant to Subsection M of Section 60-15-3 NMSA 1978.

          B. A person who has successfully completed an

in-house training course approved by the hoisting operators licensure examining council may operate hoisting equipment without a license as required by Subsection A of this section for a period of one year after successful completion of that course. One year after successful completion of an in-house training course approved by the council, a person must be licensed pursuant to Section 60-15-7 NMSA 1978, except that the requirement for passing a written examination pursuant to that section shall be waived.

          C. The operator's employer is subject to applicable regulations controlling the use and operation of cranes as promulgated by the occupational safety and health administration, the mine safety and health administration or the American national standards institute."

     Section 2. Section 60-15-12 NMSA 1978 (being Laws 1993, Chapter 183, Section 12, as amended) is amended to read:

     "60-15-12. LICENSURE DENIAL, SUSPENSION OR REVOCATION--HEARING--APPEALS.--The superintendent shall, before denying a license to an applicant, or revoking or suspending a license for a violation of any provision of the Hoisting Operators Safety Act, provide for a hearing pursuant to the provisions of the Uniform Licensing Act."

     Section 3. Section 60-15-14 NMSA 1978 (being Laws 1993, Chapter 183, Section 14, as amended) is amended to read:

     "60-15-14. HOISTING OPERATORS LICENSURE EXAMINING COUNCIL--APPOINTED.--The "hoisting operators licensure examining council" is created. The superintendent shall appoint no fewer than five members to the council with consideration being given to geographical representation. One member of the council shall be a class I hoisting operator; another member of the council shall be a contractor, as defined by Section 60-13-3 NMSA 1978, who employs one or more hoisting operators; one member shall be a representative of organized labor; and the other members shall be public members who are not licensed hoisting operators. The members of the council shall serve at the pleasure of the superintendent and their duties shall include:

          A. reviewing and approving the applications, qualifications and examinations of applicants for licensure as hoisting operators and recommending to the superintendent whether licensure should be granted based on their evaluation of the operating experience and competence of the applicants;

          B. reporting findings and recommendations from the hearings to the superintendent; and

          C. proceeding according to regulations adopted by the department."

     Section 4. A new section of the Hoisting Operators Safety Act is enacted to read:

     "HOISTING OPERATORS SAFETY ACT FUND CREATED--PURPOSE--APPROPRIATION.--

          A. The "Hoisting Operators Safety Act fund" is created in the state treasury. The fund shall consist of legislative appropriations to the fund; fees charged by the department pursuant to the Hoisting Operators Safety Act; gifts, grants, donations and bequests to the fund; and income from investment of the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year.

          B. The fund shall be administered by the department, and money in the fund is appropriated to the department for the purpose of carrying out the provisions of the Hoisting Operators Safety Act. Expenditures from the fund shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the superintendent or the superintendent's authorized representative."

     Section 5. REPEAL.--Section 60-15-5 NMSA 1978 (being Laws 1993, Chapter 183, Section 5, as amended) is repealed.

     Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2006.