AN ACT

RELATING TO PUBLIC WORKS; AMENDING THE PUBLIC WORKS APPRENTICE AND TRAINING ACT TO ALLOW EXPENDITURE OF FUNDS FOR APPROVED APPRENTICE AND TRAINING PROGRAMS NOTWITHSTANDING CERTAIN LIMITING LANGUAGE OF THE GENERAL APPROPRIATION ACT; MAKING AN APPROPRIATION.

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

     Section 1. Section 13-4D-5 NMSA 1978 (being Laws 1992, Chapter 74, Section 5) is amended to read:

     "13-4D-5. FUND CREATED--DISBURSEMENT OF FUNDS.--There is created the "public works apprentice and training fund" in the labor and industrial division of the labor department. Contributions into the fund shall be as provided under the provisions of Section 13-4D-4 NMSA 1978. Funds contributed under the provisions of the Public Works Apprentice and Training Act shall be distributed in the following manner:

          A. no more than fifteen percent of the funds may be used by the public works bureau of the labor and industrial division of the labor department to hire staff to administer the funds collected by the division; and

          B. the remainder of the funds shall be used for approved apprentice and training programs in New Mexico. The labor and industrial division of the labor department shall develop an annual budget and, subject to appropriation by the legislature in the general appropriation act, shall disburse funds to approved apprentice and training programs in New Mexico, taking into account participant contact hours of classroom instruction and on-the-job training for the preceding year, to be not less than ninety percent of one hundred forty-four contact hours of classroom instruction per participant per school year and not less than one thousand hours of on-the-job training per twelve-month period. Notwithstanding any language in the general appropriation act that otherwise limits budget adjustments, if the fund balance available for disbursement to approved programs exceeds the amount appropriated, pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, the labor department may request budget increases up to the excess fund balance for distribution to the programs."

     Section 2. TEMPORARY PROVISION--PUBLIC WORKS APPRENTICE AND TRAINING FUND--2004 APPROPRIATION.--Money appropriated in the General Appropriation Act of 2004 from the public works apprentice and training fund for apprentice and training programs but not disbursed and expended because of budget adjustment limitations contained in that act shall be disbursed and expended in fiscal years 2005 and 2006 notwithstanding those limitations.