.162660.1

FORTY-SEVENTH LEGISLATURE

SECOND SESSION

February 16, 2006

Mr. Speaker:

Your

CONFERENCE COMMITTEE

, to whom has been referred

SENATE BILL 449, as amended

has had it under consideration and reports same with the

following recommendation:

1. The following senate finance committee amendments be

APPROVED:

Nos. 6, 8 and 10.

2. The following senate finance committee amendments be

DISAPPROVED:

Nos. 1, 2, 3, 4, 5, 7, 9, 11 and 12.

3. Senate Floor Amendment 1 be DISAPPROVED.

4. The following house labor and human resources committee

amendments be APPROVED:

Nos. 9, 11 and 12.

5. The following house labor and human resources committee

amendments be DISAPPROVED:

Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 13 and 14.

and that the bill be amended further as follows:

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6. On page 1, lines 11 and 12, strike "IN THREE PHASES" and

insert in lieu thereof "; EXPANDING EXEMPTIONS; PROVIDING FOR A

TRAINING WAGE".

7. On page 1, line 12, strike "FIVE" and insert in lieu

thereof "SEVEN".

8. On page 1, between lines 16 and 17, insert the following

new section:

"Section 1. Section 50-4-21 NMSA 1978 (being Laws 1955,

Chapter 200, Section 2, as amended) is amended to read:

"50-4-21. DEFINITIONS.--As used in the Minimum Wage Act:

A. "employ" includes suffer or permit to work;

B. "employer" includes any individual, partnership,

association, corporation, business trust, legal representative or

any organized group of persons employing one or more employees at

any one time, acting directly or indirectly in the interest of an

employer in relation to any employee, but shall not include the

United States [the state or any political subdivision thereof];

and

C. "employee" includes any individual employed by any

employer, but shall not include:

(1) any individual employed in domestic service in

or about a private home;

(2) any individual employed in a bona fide

executive, administrative or professional capacity and foremen,

superintendents and supervisors;

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(3) any individual employed by the United States

[or by the state or any political subdivision thereof];

(4) any individual engaged in the activities of an

educational, charitable, religious or nonprofit organization

where the employer-employee relationship does not, in fact, exist

or where the services rendered to such organizations are on a

voluntary basis. The employer-employee relationship shall not be

deemed to exist with respect to any individual being served for

purposes of rehabilitation by a charitable or nonprofit

organization, notwithstanding the payment to the individual of a

stipend based upon the value of the work performed by the

individual;

(5) salesmen or employees compensated upon

piecework, flat rate schedules or commission basis;

(6) students regularly enrolled in primary or

secondary schools working after school hours or on vacation;

(7) registered apprentices and learners otherwise

provided by law;

(8) persons eighteen years of age or under who are

not students in a primary, secondary, vocational or training

school;

(9) persons eighteen years of age or under who are

not graduates of a secondary school;

(10) persons employed by ambulance services;

(11) G.I. bill trainees while under training;

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(12) seasonal employees of any employer obtaining

and holding a valid certificate issued annually by the [state

labor commissioner] director of the labor and industrial division

of the labor department. The certificate shall state the job

designations and total number of employees to be exempted. In

approving or disapproving an application for a certificate of

exemption, the [commissioner] director shall consider the

following:

(a) whether such employment shall be at an

educational, charitable or religious youth camp or retreat;

(b) that such employment will be of a

temporary nature;

(c) that the individual will be furnished

[his] room and board in connection with such employment, or if

the camp or retreat is a day camp or retreat, the individual will

be furnished board in connection with such employment;

(d) the purposes for which the camp or retreat

is operated;

(e) the job classifications for the positions

to be exempted; and

(f) any other factors that the [commissioner]

director deems necessary to consider;

(13) any employee employed in agriculture:

[(a) if such employee is employed by an

employer who did not, during any calendar quarter during the

preceding calendar year, use more than five hundred man-days of

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agricultural labor;

(b)] (a) if such employee is the parent,

spouse, child or other member of [his] the employer's immediate

family; for the purpose of this subsection, employer shall

include the principal stockholder of a family corporation;

[(c)] (b) if such employee: 1) is employed as

a hand-harvest laborer and is paid on a piece-rate basis in an

operation [which] that has been, and is customarily and generally

recognized as having been, paid on a piece-rate basis in the

region of employment; 2) commutes daily from [his] the employee's

permanent residence to the farm on which [he] the employee is so

employed; and 3) has been employed in agriculture less than

thirteen weeks during the preceding calendar year;

[(d)] (c) if such employee, other than an

employee described in Subparagraph [(c)] (b) of this paragraph:

1) is sixteen years of age or under and is employed as a hand-

harvest laborer, is paid on a piece-rate basis in an operation

[which] that has been, and is generally recognized as having

been, paid on a piece-rate basis in the region of employment; 2)

is employed on the same farm as [his] the employee's parent or

person standing in the place of [his] the parent; and 3) is paid

at the same piece-rate as employees over age sixteen are paid on

the same farm; or

[(e)] (d) if such employee is principally

engaged in the range production of livestock or in milk

production; [or]

(14) an employee engaged in the handling, drying,

packing, packaging, processing, freezing or canning of any

agricultural or horticultural commodity in its unmanufactured

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state; or

[(14)] (15) employees of charitable, religious or

nonprofit organizations who reside on the premises of group homes

operated by such charitable, religious or nonprofit organizations

[for mentally retarded or emotionally or developmentally disabled

persons].".

9. On page 3, line 8, strike the quotation mark and insert

in lieu thereof the following new subsection:

"D. On January 1, 2010 and on January 1 of each

successive year, the minimum wage rate shall be increased by the

increase in the cost of living. The increase in the cost of

living shall be measured by the lesser of three percent or the

percentage increase as of August of the immediately preceding

year over the level as of August of the previous year of the

consumer price index for all urban consumers, United States city

average for all items, or its successor index as published by the

United States department of labor or its successor agency, with

the amount of the minimum wage increase rounded to the nearest

multiple of five cents ($.05). The labor and industrial division

of the labor department shall publish by November 1 of each year

the adjusted minimum wage rates that shall take effect the

following January 1."".

10. On page 3, line 17, strike "on" and insert in lieu

thereof "after".

11. On page 3, line 18, strike "2011" and insert in lieu

thereof "2013".

12. Renumber all sections to correspond with these

amendments.

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Respectfully submitted,

_____________________________

Miguel P. Garcia

_____________________________

Jeanette O. Wallace

_____________________________

Debbie A. Rodella

Adopted___________________ Not Adopted___________________

(Chief Clerk) (Chief Clerk)

Date ______________