SENATE BILL 263

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Bernadette M. Sanchez

AN ACT

RELATING TO EDUCATION; CREATING THE APPRENTICESHIP TRAINING FUND; MAKING AN APPROPRIATION.

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

     Section 1. Section 21-19A-1 NMSA 1978 (being Laws 1992, Chapter 93, Section 1) is amended to read:

     "21-19A-1. SHORT TITLE.--[This act] Chapter 21, Article 19A NMSA 1978 may be cited as the "Apprenticeship Assistance Act"."

     Section 2. Section 21-19A-3 NMSA 1978 (being Laws 1992, Chapter 93, Section 3) is amended to read:

     "21-19A-3. DEFINITIONS.--As used in the Apprenticeship Assistance Act:

          A. "advisory committee" means the apprenticeship and training advisory committee to the division;

          B. "apprentice" means a person at least sixteen years old who is approved by the council and is covered by a written agreement with an employer or with an association of employers or employees acting as agent for an employer, which [apprentice] written agreement provides for reasonably continuous employment of the person for not less than two thousand hours [required for any] in the given trade [for] in which that person [for his participation] is apprenticed in an approved schedule of work experience [through employment] and for at least one hundred forty-four hours per year of related supplemental instruction;

          C. "apprenticeship committee" means the sponsoring committee of each apprenticeable craft that is responsible for that particular apprenticeship program;

          D. "apprenticeship related instruction" means skills taught off the job that are required by the particular apprenticeable craft and that the apprentice needs to complete [his] the apprenticeship as required by the council and the bureau;

          E. "apprenticeship training program" and "apprenticeship program" means an apprenticeship training program registered pursuant to Section 21-19A-5 NMSA 1978;

          [E.] F. "bureau" means the bureau of apprenticeship and training of the United States department of labor;

          [F.] G. "council" means the state apprenticeship council;

          [G.] H. "division" means the instructional support and vocational education division of the [state department of] public education department;

          [H.] I. "related instruction" means organized, off-the-job instruction in theoretical or technical subjects required for the completion of an apprenticeship for a particular apprenticeable trade; and

          [I.] J. "supplementary" means new or upgrading skill training for those already employed as journeymen craftsmen."

     Section 3. A new section of the Apprenticeship Assistance Act is enacted to read:

     "[NEW MATERIAL] APPRENTICESHIP TRAINING FUND--CREATED--PURPOSE--APPROPRIATION.--

          A. The "apprenticeship training fund" is created as a nonreverting fund in the state treasury and shall be administered by the division. The fund shall consist of money that is appropriated or donated or that otherwise accrues to the fund. Money in the fund shall be invested by the state investment officer in the manner that land grant permanent funds are invested pursuant to Chapter 6, Article 8 NMSA 1978. Income from investment of the fund shall be credited to the fund.

          B. The division shall establish procedures and adopt rules as required to administer the fund and for applications for and approval of grants for apprenticeship training programs.

          C. Money in the fund is appropriated to the division to assist in paying the cost of apprenticeship training programs. Money shall be disbursed from the fund only on warrant of the secretary of finance and administration upon vouchers signed by the secretary of public education or the secretary of public education's authorized representative. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund."

     Section 4. APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the apprenticeship training fund for expenditure in fiscal year 2009 and subsequent fiscal years. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.

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