HOUSE BILL 242

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Paul C. Bandy

FOR THE GOVERNMENT RESTRUCTURING TASK FORCE

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; ELIMINATING THE RULEMAKING AUTHORITY OF THE CONSTRUCTION INDUSTRIES COMMISSION AND THE MANUFACTURED HOUSING COMMITTEE AND TRANSFERRING SUCH AUTHORITY TO THE REGULATION AND LICENSING DEPARTMENT; ELIMINATING THE NEW MEXICO ATHLETIC COMMISSION AND MEDICAL ADVISORY BOARD AND TRANSFERRING THE DUTIES OF BOTH TO THE REGULATION AND LICENSING DEPARTMENT; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

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

     SECTION 1. Section 9-16-1 NMSA 1978 (being Laws 1983, Chapter 297, Section 17) is amended to read:

     "9-16-1. SHORT TITLE.--[Sections 17 through 29 of this act] Chapter 9, Article 16 NMSA 1978 may be cited as the "Regulation and Licensing Department Act"."

     SECTION 2. Section 9-16-12 NMSA 1978 (being Laws 1983, Chapter 297, Section 28, as amended) is amended to read:

     "9-16-12. CONSTRUCTION INDUSTRIES COMMISSION--EXERCISE OF POWERS AND DUTIES EXEMPT FROM AUTHORITY OF SUPERINTENDENT.--All responsibilities of the construction industries commission under Sections 60-13-6, 60-13-9, [through] 60-13-11, 60-13-13.2, 60-13-14 through 60-13-16, 60-13-18, 60-13-23 through 60-13-24, 60-13-27, 60-13-28, 60-13-36, 60-13-38, 60-13-41, 60-13-43, 60-13-44, [60-13-45] 60-13-49, 60-13-53, [60-13-55] 60-13-57, 61-1-1 through 61-1-33, [70-5-3 through 70-5-7] 70-5-11 through 70-5-15 and 70-5-18 NMSA 1978 are hereby explicitly exempted from the authority of the superintendent under the provisions of Subsection B of Section 9-16-6 NMSA 1978."

     SECTION 3. Section 9-16-13 NMSA 1978 (being Laws 1983, Chapter 297, Section 29) is amended to read:

     "9-16-13. [MOBILE] MANUFACTURED HOUSING COMMITTEE--EXERCISE OF POWERS AND DUTIES EXEMPT FROM AUTHORITY OF SUPERINTENDENT.--All responsibilities of the [mobile] manufactured housing committee under Sections 60-14-4 through 60-14-9, 60-14-12 and 60-14-14 NMSA 1978 are hereby explicitly exempted from the authority of the superintendent of regulation and licensing under the provisions of Subsection B of Section [22 of this act] 9-16-6 NMSA 1978."

     SECTION 4. Section 60-2A-2 NMSA 1978 (being Laws 1980, Chapter 90, Section 2, as amended) is amended to read:

     "60-2A-2. DEFINITIONS.--As used in the Professional Athletic Competition Act:

          [A. "board" means the medical advisory board;

          B. "commission" means the New Mexico athletic commission;

          C.] A. "contestant" means a person who engages in unarmed combat for remuneration;

          [D.] B. "department" means the regulation and licensing department;

          [E.] C. "foreign co-promoter" means a promoter who has no place of business in this state;

          [F.] D. "manager":

                (1) means a person who:

                     (a) undertakes to represent the interests of another person by contract, agreement or other arrangement in procuring, arranging or conducting a professional contest or exhibition in which the represented person will participate as a contestant;

                     (b) directs or controls the activities of an unarmed combatant relating to the participation of the unarmed combatant in professional contests or exhibitions;

                     (c) receives or is entitled to receive at least ten percent of the gross purse or gross income of any professional unarmed combatant for services relating to the participation of the unarmed combatant in a professional contest or exhibition; or

                     (d) receives compensation for services as an agent or representative of an unarmed combatant; and

                (2) does not include an attorney who is licensed to practice law in this state if the attorney's participation in any of the activities described in Paragraph (1) of this subsection is limited solely to the legal representation of a client who is an unarmed combatant;

          [G.] E. "professional boxer" or "professional wrestler" means an individual who competes for money, prizes or purses or who teaches, pursues or assists in the practice of boxing, wrestling or martial arts as a means of obtaining a livelihood or pecuniary gain;

          [H.] F. "professional contest" means any professional boxing, wrestling or martial arts contest or exhibition, whether or not an admission fee is charged for admission of the public;

          [I.] G. "promoter" means any person, and in the case of a corporate promoter includes any officer, director or stockholder of the corporation, who produces or stages any professional boxing, wrestling or martial arts contest, exhibition or closed circuit television show;

          [J.] H. "purse" means the financial guarantee or any other remuneration, or part thereof, for which professional boxers or professional wrestlers are participating in a contest or exhibition and includes the participant's share of any payment received for radio broadcasting, television or motion picture rights;

          [K.] I. "ring official" means any person who performs an official function during the progress of a contest or exhibition;

          [L.] J. "unarmed combat" means boxing, wrestling, martial arts or any form of competition in which a blow is usually struck that may reasonably be expected to inflict injury; and

          [M.] K. "unarmed combatant" means:

                (1) a person who engages in unarmed combat in a contest or exhibition, whether or not the person receives remuneration, including a wrestler, boxer, mixed martial artist or other contestant; or

                (2) an amateur boxer who is registered with United States amateur boxing, incorporated, or any other amateur organization recognized by the [commission] department and participates in an amateur boxing contest or exhibition in the state that is registered and sanctioned by United States amateur boxing, incorporated, or golden gloves of America."

     SECTION 5. Section 60-2A-7 NMSA 1978 (being Laws 1980, Chapter 90, Section 7) is amended to read:

     "60-2A-7. [MEDICAL ADVISORY BOARD] DEPARTMENT DUTIES.--

          [A. There is created the "medical advisory board" to assist the commission.

          B. The board shall consist of three members to be appointed by the commission. Each member of the board shall be licensed to practice medicine in this state and shall have had at the time of his appointment at least five years' experience in the practice of his profession. Members of the board shall serve without compensation.] The [board] department shall:

          [(1)] A. prepare [and submit to the commission for its approval] standards for the physical and mental examination of professional boxers and professional wrestlers [which] that shall safeguard their health; [provided no standard shall become effective until approved by the commission;

                (2) recommend to the commission for licensing purposes]

          B. locate physicians who are qualified to make examinations of professional boxers and professional wrestlers; and

                [(3) upon request of the commission, advise the commission as to]

          C. with the assistance of the appropriate physicians, determine the physical and mental fitness of any individual professional boxer or professional wrestler."

     SECTION 6. Section 60-2A-20 NMSA 1978 (being Laws 1980, Chapter 90, Section 20) is amended to read:

     "60-2A-20. ATTENDANCE AT WEIGH-INS--MEDICAL EXAMINATIONS--PROFESSIONAL CONTESTS.--

          A. [The executive secretary or a member of the commission] An employee of the department shall be present at all weigh-ins, medical examinations and professional contests and shall see that the provisions of the Professional Athletic Competition Act and the rules made pursuant [thereto] to that act are strictly enforced.

          B. Every participant in a professional boxing contest shall be present and weighed in no later than twelve o'clock noon on the day of the professional contest."

     SECTION 7. Section 60-13-2 NMSA 1978 (being Laws 1967, Chapter 199, Section 2, as amended) is amended to read:

     "60-13-2. GENERAL DEFINITIONS.--As used in the Construction Industries Licensing Act:

          A. "division" means the construction industries division of the regulation and licensing department;

          B. "trade bureau" means the electrical bureau, the mechanical bureau, the general construction bureau or the liquefied petroleum gas bureau of the division;

          C. "jurisdictional conflict" means [any] a conflict between or among trade bureaus as to the exercise of jurisdiction over an occupation or trade for which a license is required under the provisions of the Construction Industries Licensing Act;

          D. "person" includes an individual, firm, partnership, corporation, association or other organization, or any combination thereof;

          E. "qualifying party" means [any] an individual who submits to the examination for a license to be issued under the Construction Industries Licensing Act and who is responsible for the licensee's compliance with the requirements of that act and with the rules, regulations, codes and standards adopted and promulgated in accordance with that act;

          F. "certificate of qualification" means a certificate issued by the division to a qualifying party;

          G. "journeyman" means [any] an individual who is properly certified by the electrical bureau or the mechanical bureau, as required by law, to engage in or work at [his] the certified trade;

          H. "apprentice" means an individual who is engaged, as [his] the individual's principal occupation, in learning and assisting in a trade;

          I. "wages" means compensation paid to an individual by an employer from which taxes are required to be withheld by federal and state law;

          J. "public use" means the use or occupancy of [any] a structure, facility or manufactured commercial unit to which the general public, as distinguished from residents or employees, has access;

          K. "bid" means a written or oral offer to contract;

          L. "building" means [any] a structure built for use or occupancy by persons or property, including manufactured commercial units and modular homes or premanufactured homes designed to be placed on permanent foundations whether mounted on skids or permanent foundations or whether constructed on or off the site of location;

          M. "inspection agency" means a firm, partnership, corporation, association or any combination thereof approved in accordance with regulations as having the personnel and equipment available to adequately inspect for the proper construction of manufactured commercial units, modular homes or premanufactured homes;

          N. "director" means the administrative head of the division;

          O. "chief" means the administrative head of a trade bureau;

          P. "commission" means the construction industries commission;

          Q. "manufactured commercial unit" means a movable or portable housing structure over thirty-two feet in length or over eight feet in width that is constructed to be towed on its own chassis and designed so as to be installed without a permanent foundation for use as an office or other commercial purpose and that may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two or more units separately towable but designed to be joined into one integral unit, as well as a single unit, but that does not include any movable or portable housing structure over twelve feet in width and forty feet in length that is used for nonresidential purposes. "Manufactured commercial unit" does not include modular or premanufactured homes, built to a nationally recognized standard adopted by the [commission] division and designed to be permanently affixed to real property; and

          R. "code" means a body or compilation of provisions or standards adopted by the [commission] division that govern contracting or some aspect of contracting; that provide for safety and protection of life and health; and that are published by a nationally recognized standards association."

     SECTION 8. Section 60-13-3 NMSA 1978 (being Laws 1978, Chapter 66, Section 1, as amended) is amended to read:

     "60-13-3. DEFINITION--CONTRACTOR.--As used in the Construction Industries Licensing Act, "contractor":

          A. means [any] a person who undertakes, offers to undertake by bid or other means or purports to have the capacity to undertake, by [himself] the person alone or through others, contracting. Contracting includes constructing, altering, repairing, installing, [or] demolishing, leveling, clearing or excavating any:

                (1) road, highway, bridge, parking area or related project;

                (2) building, stadium or other structure;

                (3) airport, subway or similar facility;

                (4) park, trail, bridle path, athletic field, golf course or similar facility;

                (5) dam, reservoir, canal, ditch or similar facility;

                (6) sewerage or water treatment facility, power generating plant, pump station, natural gas compressing station or similar facility;

                (7) sewerage, water, gas or other pipeline;

                (8) transmission line;

                (9) radio, television or other tower;

                (10) water, oil or other storage tank;

                (11) shaft, tunnel or mining appurtenance;

                (12) [leveling or clearing] land;

                (13) [excavating] earth;

                (14) air conditioning, conduit, heating or other similar mechanical works;

                (15) electrical wiring, plumbing or plumbing fixture, consumers' gas piping, gas appliances or water conditioners; or

                (16) similar work, structures or installations [which] that are covered by applicable codes adopted under the provisions of the Construction Industries Licensing Act;

          B. includes subcontractor and specialty contractor;

          C. includes a construction manager who coordinates and manages the building process; who is a member of the construction team with the owner, architect, engineer and other consultants required for the building project; and who utilizes [his] the construction manager's skill and knowledge of general contracting to develop schedules, prepare project construction estimates, study labor conditions and advise concerning construction; and

          D. does not include:

                (1) [any] a person who merely furnishes materials or supplies at the site without fabricating them into, or consuming them in the performance of, the work of a contractor;

                (2) [any] a person who drills, completes, tests, abandons or operates [any] a petroleum, gas or water well; [or] services equipment and structures used in the production and handling of [any] a product incident to the production of [any] petroleum, gas or water wells, excluding [any] a person performing duties normally performed by electrical, mechanical or general contractors; or [who] performs geophysical or similar exploration for oil, gas or water;

                (3) a public utility or rural electric cooperative that constructs, reconstructs, operates or maintains its plant or renders authorized service by the installation, alteration or repair of facilities, up to and including the meters, which facilities are an integral part of the operational system of the public utility or rural electric cooperative; provided that the construction of a building by a public utility or rural electric cooperative or the installation or repair of [any] a consumer gas or electrical appliance not an integral part of the operational system makes a public utility or rural electric cooperative a contractor for that purpose;

                (4) a utility department of [any] a municipality or local public body rendering authorized service by the installation, alteration or repair of facilities, up to and including the meters, which facilities are an integral part of the operational system of the utility department of the municipality;

                (5) [any] a railroad company;

                (6) a telephone or telegraph company or rural electric cooperative that installs, alters or repairs electrical equipment and devices for the operation of signals or the transmission of intelligence where that work is an integral part of the operation of a communication system owned and operated by a telephone or telegraph company or rural electric cooperative in rendering authorized service;

                (7) a pipeline company that installs, alters or repairs electrical equipment and devices for the operation of signals or the transmission of intelligence where that service is an integral part of the operation of the communication system of that pipeline company and is not for hire or for the use of the general public, or [any] a pipeline company [which] that installs, alters or repairs plumbing fixtures or gas piping where the work is an integral part of installing and operating the system owned or operated by the pipeline company in rendering its authorized service;

                (8) [any] a mining company, gas company or oil company that installs, alters or repairs its facilities, including plumbing fixtures or gas piping, where the work is an integral part of the installing or operating of a system owned or operated by the mining company, gas company or oil company; provided that the construction of a building by a mining company, a gas company or an oil company is required to be done in conformity with all other provisions of the Construction Industries Licensing Act and with orders, rules, regulations, standards and codes adopted pursuant to that act;

                (9) a radio or television broadcaster who installs, alters or repairs electrical equipment used for radio or television broadcasting;

                (10) an individual who, [by himself] alone or with the aid of others who are paid wages and who receive no other form of compensation, builds or makes installations, alterations or repairs in or to a single-family dwelling owned and occupied or to be occupied by [him] the individual; provided that the installation, building, alteration or repair is required to be done in conformity with all other provisions of the Construction Industries Licensing Act and with the orders, rules, regulations, standards and codes adopted pursuant to that act;

                (11) a person who acts on [his] the person's own account to build or improve a single-family residence for [his] the person's personal use, including the building or improvement of a freestanding storage building located on that residential property; provided that the construction or improvement is required to be done in conformity with all other provisions of the Construction Industries Licensing Act and with the orders, rules, regulations, standards and codes adopted pursuant to that act; and provided further that [he] the person does not engage in commercial construction;

                (12) a person who, [by himself] alone or with the aid of others who are paid wages and receive no other form of compensation, builds or makes installations, repairs or alterations in or to a building or other improvement on a farm or ranch owned, occupied or operated by [him] the person, or makes installations of electrical wiring that are not to be connected to electrical energy supplied from a power source outside the premises of the farm or ranch owned, occupied or operated by [him] the person; provided that the state codes and [any] local codes adopted pursuant to Subsection F of Section 60-13-44 NMSA 1978 shall not require [any] permits or inspections for such construction on a farm or ranch except for electrical wiring to be connected to a power source outside the premises;

                (13) an individual who works only for wages;

                (14) an individual who works on one undertaking or project at a time that, in the aggregate or singly, does not exceed seven thousand two hundred dollars ($7,200) compensation a year, the work being casual, minor or inconsequential, such as handyman repairs; provided that this exemption shall not apply to any undertaking or project pertaining to the installation, connection or repair of electrical wiring, plumbing or gas fitting as defined in Section 60-13-32 NMSA 1978 and provided that:

                     (a) the work is not part of a larger or major operation undertaken by the same individual or different contractor;

                     (b) the individual does not advertise or maintain a sign, card or other device [which] that would indicate to the public that [he] the individual is qualified to engage in the business of contracting; and

                     (c) the individual files annually with the division, on a form prescribed by the division, a declaration substantially to the effect that [he] the individual is not a contractor within the meaning of the Construction Industries Licensing Act, that the work [he] the individual performs is casual, minor or inconsequential and will not include more than one undertaking or project at one time and that the total amount of such contracts, in the aggregate or singly, will not exceed seven thousand two hundred dollars ($7,200) compensation a year;

                (15) [any] a person, firm or corporation that installs fuel containers, appliances, furnaces and other appurtenant apparatus as an incident to its primary business of distributing liquefied petroleum fuel;

                (16) a cable television or community antenna television company that constructs, installs, alters or repairs facilities, equipment, cables or lines for the provision of television service or the carriage and transmission of television or radio broadcast signals;

                (17) [any] a weatherization project not exceeding two thousand dollars ($2,000) that has been approved and is administered by a federal or state agency; or

                (18) a person who performs work consisting of short-term depreciable improvements to commercial property to provide needed repairs and maintenance for items not covered by building codes adopted by the [construction industry commission] division if the total amount paid the person for the work on a single undertaking, including materials, services and wages of those who work for [him] the person, does not exceed the sum of five thousand dollars ($5,000)."

     SECTION 9. Section 60-13-6 NMSA 1978 (being Laws 1977, Chapter 245, Section 168, as amended) is amended to read:

     "60-13-6. CONSTRUCTION INDUSTRIES COMMISSION CREATED--MEMBERSHIP--DUTIES.--

          A. There is created within the division the "construction industries commission". The commission shall be composed of nine voting members who shall serve at the pleasure of the governor. Members shall be appointed by the governor, with the advice and consent of the senate, as follows:

                (1) one member who is a representative of the residential construction industry of this state;

                (2) one member who is a licensed electrical contractor;

                (3) one member who is a licensed mechanical contractor;

                (4) one member who is a licensed and practicing architect;

                (5) one member who is a practicing general contractor;

                (6) one member who is a representative of the liquefied petroleum gas industry;

                (7) one member who is a resident of the state, who is not a licensed contractor or certified journeyman and who shall represent the people of New Mexico;

                (8) one member who is a representative of the subcontracting industry of the state; and

                (9) one member who is a representative of organized labor.

     Members shall be appointed to provide adequate representation of all geographic areas of the state.

          B. Each member of the commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

          C. The commission shall annually elect a [chairman] chair and vice [chairman] chair from its membership. The director shall serve as the executive secretary of the commission.

          D. The commission shall meet bimonthly or at the call of the [chairman] chair.

          E. The commission shall [establish policy for the division. It shall]:

                (1) advise the division on, [review, coordinate and approve or disapprove] all rules, regulations, standards, codes and licensing requirements [which] that are subject to the approval of the [commission] division under the provisions of the Construction Industries Licensing Act or the LPG and CNG Act so as to insure that uniform codes and standards are promulgated and conflicting provisions are avoided; [The commission shall:

                (1)] (2) revoke or suspend, for cause, any license or certificate of qualification issued under the provisions of the Construction Industries Licensing Act or the LPG and CNG Act; and

                [(2)] (3) define and establish all license classifications. The licensee shall be limited in [his] bidding and contracting as provided in Subsection B of Section

60-13-12 NMSA 1978. [Any] A licensee, subsequent to the issuance of a license, may make application for additional classification and be licensed in more than one classification if [he] the licensee meets the prescribed qualification for the additional classification."

     SECTION 10. Section 60-13-9 NMSA 1978 (being Laws 1978, Chapter 73, Section 1, as amended) is amended to read:

     "60-13-9. DIVISION--DUTIES.--The division shall:

          A. approve and adopt examinations on codes and standards, business knowledge, division rules and regulations and on the Construction Industries Licensing Act [recommended by the commission] for all classifications of contractor's licenses;

          B. issue, under the director's signature, contractor's licenses and certificates of qualification in accordance with the provisions of the Construction Industries Licensing Act;

          C. submit a list of all contractor's licenses and certificates of qualification issued by the division to the commission for review and approval;

          D. resolve jurisdictional conflicts by assigning specific responsibility to the appropriate bureau for preparing examinations and for certifying and inspecting each occupation, trade or activity covered by the Construction Industries Licensing Act;

          E. establish and collect fees authorized to be collected by the division pursuant to the Construction Industries Licensing Act;

          F. adopt all building codes and minimum standards as recommended by the trade bureaus [and approved by the commission] so that the public welfare is protected, uniformity is promoted and conflicting provisions are avoided;

          G. with approval of the superintendent of regulation and licensing, employ such personnel as the division deems necessary for the exclusive purpose of investigating violations of the Construction Industries Licensing Act, enforcing Sections 60-13-12 and 60-13-38 NMSA 1978 and instituting legal action in the name of the division to accomplish the provisions of Section 60-13-52 NMSA 1978;

          H. approve, disapprove or revise the recommended budget of each trade bureau and submit the budgets of those bureaus, along with its own budget, to the regulation and licensing department;

          I. approve, disapprove or revise and submit to the regulation and licensing department all requests of the trade bureaus for emergency budget transfers;

          J. make an annual report to the superintendent of regulation and licensing and develop a policy manual concerning the operations of the division and the trade bureaus. The report shall also contain the division's recommendations for legislation it deems necessary to improve the licensing and technical practices of the construction and LP gas industries and to protect persons, property and agencies of the state and its political subdivisions;

          K. adopt [subject to commission approval] rules and regulations necessary to carry out the provisions of the Construction Industries Licensing Act and the LPG and CNG Act;

          L. maintain a complete record of all applications; all licenses issued, renewed, canceled, revoked and suspended; and all fines and penalties imposed by the division or commission and may make that information available to certified code jurisdictions;

          M. furnish, upon payment of a reasonable fee established by the division, a certified copy of any license issued or of the record of the official revocation or suspension thereof. Such certified copy shall be prima facie evidence of the facts stated therein; and

          N. publish a list of contractors, with their addresses and classifications, licensed by the division. The list shall be furnished without charge to such public officials, public bodies or public works and building departments as the division deems advisable. The list shall be published annually, and supplements shall be provided as the division deems necessary. Copies of the list and supplements shall be furnished to any person upon request and payment of a reasonable fee established by the division."

     SECTION 11. Section 60-13-10.2 NMSA 1978 (being Laws 2007, Chapter 38, Section 6) is amended to read:

     "60-13-10.2. DIVISION [AND COMMISSION]--STANDARDS TO ACCOMMODATE SOLAR COLLECTORS.--As provided in the Solar Collector Standards Act, the division [and commission] shall jointly with the energy, minerals and natural resources department promulgate rules, standards or codes that establish requirements for new construction that will accommodate the installation of solar collectors to or on the new construction after the construction is otherwise complete."

     SECTION 12. Section 60-13-13 NMSA 1978 (being Laws 1967, Chapter 199, Section 16, as amended) is amended to read:

     "60-13-13. APPLICATION FOR CONTRACTOR'S LICENSE.--

          A. Applications for a contractor's license or a certificate of qualification shall be submitted to the division on forms prescribed and furnished by the division and shall contain the information and be accompanied by the attachments required by regulation [of the commission].

          B. The application shall be accompanied by the prescribed fee."

     SECTION 13. Section 60-13-14 NMSA 1978 (being Laws 1967, Chapter 199, Section 17, as amended) is amended to read:

     "60-13-14. DIVISION--LICENSE ISSUANCE--REPORTS.--

          A. No license shall be issued by the division to [any] an applicant unless the director is satisfied that the applicant is or has in [his] the applicant's employ a qualifying party who is qualified for the classification for which application is made and the applicant has satisfied the requirements of Subsection B of this section.

          B. An applicant for a license shall:

                (1) demonstrate proof of responsibility as provided in the Construction Industries Licensing Act;

                (2) comply with the provisions of Subsection D of this section if [he] the applicant has engaged illegally in the contracting business in New Mexico within one year prior to making application;

                (3) demonstrate familiarity with the rules and regulations promulgated by the [commission and] division concerning the classification for which application is made;

                (4) if a corporation, incorporated association, registered limited liability partnership or limited liability company, have complied with the laws of this state requiring qualification to do business in New Mexico and provide the name of its current registered agent and the current address of its registered office in New Mexico;

                (5) if a person other than the persons described in Paragraph (4) of this subsection, provide a current physical location address and mailing address of the applicant's place of business;

                (6) submit proof of registration with the

taxation and revenue department and submit a current

identification tax number;

                (7) comply with any additional procedures, rules and regulations [which] that are established by the [commission] division relating to issuance of licenses; and

                (8) have had four years, within the ten years immediately prior to application, of practical or related trade experience dealing specifically with the type of construction or its equivalent for which the applicant is applying for a license, except that the [commission] division may [by regulation] provide for:

                     (a) reducing this requirement for a particular industry or craft where it is deemed excessive, but the requirement shall not be less than two years; and

                     (b) a waiver of the work experience requirement of this paragraph when the qualifying party has been certified in New Mexico with the same license classification within the ten years immediately prior to application.

          C. The division [with the consent of the commission] may enter into a reciprocal licensing agreement with any state having equivalent licensing requirements.

          D. The director may issue a license to an applicant who at any time within one year prior to making application has acted as a contractor in New Mexico without a license as required by the Construction Industries Licensing Act if:

                (1) the applicant in addition to all other requirements for licensure pays an additional fee as follows:

                     (a) in an amount up to ten percent of the contract price or the value of the nonlicensed contracted work in the discretion of the [commission] director; or

                     (b) if the applicant has bid or offered a price on a construction project and was not the successful bidder or offeror, the fee shall be at least one percent but not more than five percent of the total bid amount; and

                (2) the director is satisfied that no incident of such contracting without a license:

                     (a) caused monetary damage to any person; or

                     (b) resulted in an unresolved consumer

complaint being filed against the applicant with the division.

          E. An unlicensed contractor who has performed unlicensed work may settle the claims against [him] the unlicensed contractor without becoming licensed if the claims arise from [his] a first offense and [he] the unlicensed contractor pays an administrative fee calculated pursuant to Paragraph (1) of Subsection D of this section. In addition to the administrative fee, an additional ten percent of the amount of the administrative fee shall be assessed as a service fee.

          F. If the total fee to be paid by the contractor pursuant to the provisions of Subsection D or E of this section is twenty-five dollars ($25.00) or less, the fee may be waived.

          G. The director shall report every incident of nonlicensed contracting work to the taxation and revenue department to assure that the contractor complies with tax requirements and pays all taxes due."

     SECTION 14. Section 60-13-15 NMSA 1978 (being Laws 1977, Chapter 245, Section 177, as amended) is amended to read:

     "60-13-15. LICENSE ISSUANCE--COMMISSION REVIEW.--

          A. The commission shall review at its regular meetings all licenses issued by the division. The commission shall report to the superintendent of regulation and licensing and the attorney general any license issued to an applicant who fails to meet the requirements established by law and [commission] division regulations for license issuance.

          B. The signing of a license by the director for issuance by the division to an applicant who fails to meet the requirements established by law or [committee] division regulations for issuance of licenses is a misdemeanor, and the director, if convicted by a court of law, shall be relieved of [his] the director's duties and shall be subject to civil damages as provided in Section 30-23-7 NMSA 1978. Failure by the [committee] commission or [any] a member of the [committee] commission to report the illegal issuance of a license is a petty misdemeanor and upon conviction shall result in termination of the appointment of the [committee] commission member so convicted."

     SECTION 15. Section 60-13-18 NMSA 1978 (being Laws 1967, Chapter 199, Section 20, as amended) is amended to read:

     "60-13-18. LICENSES--RENEWAL.--

          A. Licenses issued by the division are not transferable.

          B. Contractor's licenses shall expire two years after the issuance date or as determined by the division, but in no instance less than one year, and shall be renewable upon application to the division and payment of the prescribed renewal fee; provided that nothing in this subsection shall prohibit the division from establishing a staggered system of license expiration and a procedure for proration of fees for licenses issued for less than the two-year period or other period provided by the division pursuant to this subsection.

          C. Licenses shall expire upon the date established by regulation of the [commission] division, such regulation to provide for a staggered system of license expiration and for proration of fees for licenses issued for less than a full year. Thereafter, such licenses shall be issued for a period of two years or as otherwise provided by the division pursuant to Subsection B of this section. Licenses shall be subject to renewal upon application to the division and payment of the prescribed renewal fee.

          D. Licensees and journeyman certificate holders may be required to complete and submit proof of continuing education as a prerequisite for renewal of a license. When required by rule adopted by the division, an applicant for a license renewal must submit with the application for license renewal proof of eight hours of instruction in code change and eight hours of instruction in other industry-related and division-approved subjects. The sixteen hours of continuing education must have been completed within the three years prior to the date of the license renewal application.

          E. The director shall, at least thirty days prior to the expiration date of a license, notify the licensee of the approaching expiration. Notice shall be given by mail addressed to the licensee's last address on file with the division. The notice shall include a renewal application form, instructions and any other information prescribed by the division.

          F. Failure of a licensee to make application for the renewal of the licensee's license, to furnish such other information required by the commission and to pay the prescribed renewal fee by the last working day prior to the expiration of the license shall cause the license to be suspended by operation of law.

          G. Unless the license is renewed within a

three-month period, it shall be canceled. The suspended license may be renewed only after payment of a fee equal to one dollar ($1.00) for each day, up to thirty days, that has elapsed since the expiration date of the license and thereafter for a fee equal to twice the amount of the renewal fee."

     SECTION 16. Section 60-13-27 NMSA 1978 (being Laws 1967, Chapter 199, Section 30, as amended) is amended to read:

     "60-13-27. COMPLAINTS AGAINST LICENSEES AND CERTIFICATE HOLDERS--INVESTIGATIONS BY DIVISION--INFORMAL RESOLUTION--NOTICE OF REVOCATION ACTION.--

          A. The division on its own motion or upon the verified complaint in writing of any person shall investigate the actions of any licensee or certificate holder. The director may assign one or more inspectors certified pursuant to Section 60-13-41 NMSA 1978, investigators or other personnel to investigate that licensee or certificate holder or any activity within the jurisdiction of the Construction Industries Licensing Act. The director may authorize an inspector or investigator to enter any code jurisdiction to make investigations. The investigation shall be for the purpose of determining if there has been a code violation or other breach of Section 60-13-23, 60-13-24 or 60-13-36 NMSA 1978 on the part of a licensee or certificate holder constituting probable grounds for revocation or suspension of [his] the license or certificate.

          B. The person assigned by the director shall make an immediate investigation, securing all pertinent facts and statements, including a statement from the contractor if [he] the contractor is available, and names and addresses of witnesses. Within one hundred eighty days of receipt of the complaint by the division, [he] the person assigned shall make a full and complete written report to the director.

          C. Complaints may be resolved informally at the request of the complainant, the contractor or the commission. For informal resolution of a complaint, all parties [must] shall agree to the informal hearing and agree that the decision of the informal hearing officer is final. The procedures for informal hearings and resolution of complaints shall be established by the [commission] division.

          D. All revocation and suspension proceedings conducted by the commission and judicial review of the commission's decision shall be governed by the provisions of the Uniform Licensing Act. Prior to [any] a revocation action by the commission, notice of the pending action shall be given to the bonding company [which] that has in effect for the licensee [any] a bond issued pursuant to the proof of responsibility provisions of the Construction Industries Licensing Act."

     SECTION 17. Section 60-13-33 NMSA 1978 (being Laws 1967, Chapter 199, Section 36, as amended) is amended to read:

     "60-13-33. TRADE BUREAUS--GENERAL DUTIES AND POWERS.--The trade bureaus shall:

          A. cooperate in administering examinations for the licensing and certification of the occupations or trades assigned to their jurisdictions pursuant to the Construction Industries Licensing Act and provide those examinations and any related materials in both English and Spanish;

          B. perform inspections of all occupations, trades and activities within their jurisdictions;

          C. be responsible for all administrative duties and other duties necessary and incidental thereto required in the Construction Industries Licensing Act, including those activities and duties assigned to them by the director; and

          D. recommend rules and regulations and submit them to the division for approval [by the commission] and promulgation [by the division]."

     SECTION 18. Section 60-13-38 NMSA 1978 (being Laws 1967, Chapter 199, Section 41, as amended) is amended to read:

     "60-13-38. CERTIFICATES OF COMPETENCE--EXAMINATION--JOURNEYMEN.--

          A. A person shall not engage in the occupation or trade of journeyman unless [he] the person holds a certificate of competence issued by the division for the occupation or trade in which [he] the person desires to engage.

          B. The categories for certificates of competence are: journeyman electrician, journeyman plumber, journeyman gas fitter, journeyman pipe fitter, journeyman sheet metal worker, journeyman boiler operator, residential wireman and journeyman welder working on pipelines, collection lines or compressor stations.

          C. An applicant for a certificate of competence shall be required to take an examination approved and adopted by the division as to [his] knowledge of the orders and rules governing the occupation or trade for which a certificate is sought, and as to [his] technical knowledge and ability pertaining to [his] the particular trade. The examination may be oral, written or demonstrative or any combination thereof, as required by rules of the [commission] division.

          D. The division shall issue a certificate of competence to [any] a journeyman welder working on pipelines, collection lines or compressor stations who shows evidence of having satisfactorily completed an examination administered by an independent testing organization or public utility employing engineers registered with the state, such examination meeting the minimum pipeline safety standards set by the public regulation commission.

          E. Applications for certificates of competence shall be in the form and shall contain such information and attachments as the division prescribes.

          F. The division shall establish a reasonable fee for [any] an examination or issuance of certificate of competence.

          G. A person is not eligible to take an examination for a certificate of competence unless [he] the person has had two years' experience in the occupation or trade for which a certificate of competence is sought, or the equivalent thereof as determined by the [commission] division, or has successfully completed a course in the trade approved by the instructional support and vocational education division of the [state department of] public education department.

          H. Employment of an apprentice working under the direct supervision of a certified journeyman is not prohibited by the Construction Industries Licensing Act.

          I. A person is eligible to take an examination for a journeyman electrician certificate of competence after at least:

                (1) four years of accredited training in the electrical trade;

                (2) four years of apprenticeship in the electrical trade;

                (3) four years of practical experience in the electrical trade, of which two years are in the commercial trade, industrial trade or the equivalent as determined by the commission; or

                (4) successfully completing an electrical trade program approved by the instructional support and vocational education division of the [state department of] public education department and two years of practical experience in the commercial electrical trade.

          J. Continuing education requirements for a journeyman electrician shall include at least sixteen hours of continuing education in every three-year period between national electrical code updates, of which eight hours are code change instructions and eight hours are other industry-related instruction. All continuing education curricula and instructors shall be approved by the commission based on recommendations by the electrical bureau.

          K. A certificate of competence shall not be renewed until a complete application for renewal has been received by the division. Proof of completion of the continuing education requirements shall be submitted to the division with the application for renewal of certificate of competence. An application for renewal that is not accompanied by proof of completion of the continuing education requirements is incomplete and shall not be processed. The continuing education requirements in this subsection shall only apply to a journeyman electrician with the designation "EE-98J" or "JE98". This does not apply to EE98.

          L. A person is eligible to take an examination for a residential wireman's certificate of competence after at least:

                (1) two years of accredited training or apprenticeship in the electrical trade;

                (2) two years of practical experience in wiring residential dwellings; or

                (3) successfully completing a course in the trade approved by the instructional support and vocational education division of the [state department of] public education department and one year of practical experience in wiring residential dwellings.

          M. The provisions of Subsections I and L of this section do not apply to a person who was enrolled as a full-time student before June 20, 2003 in an electrical trade program approved by the instructional support and vocational education division of the [state department of] public education department."

     SECTION 19. Section 60-13-44 NMSA 1978 (being Laws 1967, Chapter 199, Section 52, as amended) is amended to read:

     "60-13-44. TRADE BUREAUS--STANDARDS--CONFLICTS.--

          A. The electrical bureau shall recommend to the [commission] division minimum standards for the installation or use of electrical wiring. The recommendations shall substantially embody the applicable provisions of an electrical code for safety to life and property promulgated by a nationally recognized association and developed through an open, balanced consensus process.

          B. The mechanical bureau shall recommend to the [commission] division minimum standards for the installation of all fixtures, consumers' gas pipe, appliances and materials installed in the course of a mechanical installation. The recommendations shall be in substantial conformity with codes and standards that are developed through an open, balanced consensus process. Manufacturers may choose the independent certification organization they wish to certify their products if the certification organization is accredited by the American national standards institute or other accreditation organization selected by the [commission] division.

          C. The general construction bureau shall recommend to the [commission] division minimum standards for the construction, alteration or repair of buildings, except for those activities within the jurisdiction of the electrical bureau or the mechanical bureau. The recommendations shall substantially embody the applicable provisions of a nationally recognized building code that is developed through an open, balanced consensus process and shall give due regard to physical, climatic and other conditions peculiar to New Mexico. The standards shall include the authority to permit or deny occupancy of existing and new buildings or structures and authority to accept or deny the use of materials manufactured within or without the state. The general construction bureau may set minimum fees or charges for conducting tests to verify claims or specifications of manufacturers.

          D. The general construction bureau shall recommend to the [commission] division additional specifications for any public building constructed in the state through expenditure of state, county or municipal funds, bonds and other revenues, which specifications shall embody standards making the building accessible to persons who have a physical disability, and the specifications shall conform substantially with those contained in a nationally recognized standard for making public facilities accessible to persons with a physical disability that is developed through an open, balanced consensus process. All orders and rules recommended by the general construction bureau and adopted by the [commission] division under the provisions of this section shall be printed and distributed to all licensed contractors, architects and engineers and to the governor's commission on disability. The orders and rules shall take effect on a date fixed by the [commission] division, which shall not be less than thirty days after their adoption by the [commission] division and shall have the force of law.

          E. The general construction bureau shall have the right of review of all specifications of public buildings and the responsibility to ensure compliance with the adopted standards.

          F. All political subdivisions of the state are subject to the provisions of codes adopted and approved under the Construction Industries Licensing Act. Such codes constitute a minimum requirement for the codes of political subdivisions.

          G. The trade bureaus within their respective jurisdictions shall recommend to the [commission] division standards that are developed through an open, balanced consensus process for the installation or use of electrical wiring, the installation of all fixtures, consumers' gas pipe, appliances and materials installed in the course of mechanical installation and the construction, alteration or repair of all buildings intended for use by persons with a physical disability or persons requiring special facilities to accommodate the aged. The recommendations shall give due regard to physical, climatic and other conditions peculiar to New Mexico.

          H. The trade bureaus within their respective jurisdictions shall recommend to the [commission] division standards for the construction, alteration, repair, use or occupancy of manufactured commercial units, modular homes and premanufactured homes. The recommendations shall substantially embody the applicable provisions or standards for the safety to life, health, welfare and property approved by the nationally recognized standards association and developed through an open, balanced consensus process and shall give due regard to physical, climatic and other conditions peculiar to New Mexico. Wherever existing state codes or standards conflict with the codes and standards adopted by the [commission] division under the provisions of this subsection, the provisions of the applicable New Mexico building codes adopted pursuant to the Construction Industries Licensing Act and the LPG and CNG Act in effect at the applicable time shall exclusively apply and control, except for codes and standards for mobile housing units.

          I. Modular homes and premanufactured homes in existence at the time of the effective date of the Construction Industries Licensing Act shall have their use or occupancy continued if such use or occupancy was legal on the effective date of that act; provided that such continued use or occupancy is not dangerous to life. Any change in the use or occupancy or any major alteration or repair of a modular home or premanufactured home shall comply with all codes and standards adopted under the Construction Industries Licensing Act.

          J. The [commission] division shall review all recommendations made under the provisions of this section and shall by rule adopt standards and codes that substantially comply with the requirements of this section that apply to the recommendations of the trade bureaus."

     SECTION 20. Section 60-13-45 NMSA 1978 (being Laws 1967, Chapter 199, Section 53, as amended) is amended to read:

     "60-13-45. TRADE BUREAUS--PERMITS.--

          A. The trade bureaus within their respective jurisdictions may require a permit to be secured and conspicuously posted prior to any construction, installation, alteration, repair or addition to or within any building, structure or premises.

          B. No permit shall be required for the performance of any of the following classes of work:

                (1) minor repairs, replacement of lamps, the connection of portable electrical equipment to suitable receptacles [which] that are permanently installed, minor repairs or replacement of or to faucets, taps or jets or connection of portable equipment to suitable connections or inlets [which] that have been permanently installed;

                (2) installation of temporary wiring for testing electrical equipment or apparatus or installation of temporary fixtures or devices for testing fixtures, equipment, apparatus or appliances;

                (3) installation, alteration or repair of electrical equipment for the operation of signals or the transmission of intelligence by wire; [and] or

                (4) installation or work [which] that is done after regular business hours or during a holiday when immediate action is imperative to safeguard life, health or property; provided that the person making the installation or performing the work applies for a permit covering the installation or work not later than the next business day.

          C. If a permit has been issued for construction of a new residential building, that residential building shall not be occupied until a certificate of occupancy has been issued certifying compliance with all codes and standards.

          D. The [commission] division shall make rules and regulations pertaining to the issuance of permits and the setting of reasonable fees to be paid by the applicant for a permit. The regulations shall provide a procedure for the issuance of permits outside the corporate limits of a municipality where inspection is made by a state inspector or a municipal inspector serving as a part-time state inspector and for inspections within a municipality where the inspection is done exclusively by a full-time state inspector. Each trade bureau by regulation may require a reasonable bond or surety in the penal sum of five hundred dollars ($500) or more, but not to exceed [fifteen hundred dollars] one thousand five hundred dollars ($1,500), with such bureau named as obligee and conditioned for the payment of inspection fees provided in the Construction Industries Licensing Act. Nothing in this section shall preclude municipalities from making inspections in accordance with the Construction Industries Licensing Act or rules and regulations pursuant to that act or from establishing a schedule of fees to be paid by an applicant for a permit.

          E. In the event that the division assumes inspections of a municipal or county jurisdiction, the permit fees shall be paid directly to the division."

     SECTION 21. Section 60-14-4 NMSA 1978 (being Laws 1978, Chapter 80, Section 1, as amended) is amended to read:

     "60-14-4. POWERS AND DUTIES OF DIVISION.--The division shall:

          A. prepare, administer and grade examinations for licensure under the classification sought by each applicant;

          B. issue licenses and certificates of qualification in accordance with the provisions of the Manufactured Housing Act;

          C. establish and collect fees authorized to be collected by the division pursuant to the Manufactured Housing Act;

          D. [subject to the approval of the committee] adopt rules and regulations relating to the construction, repair, modification, installation, tie-down, hookup and sale of all manufactured homes, which regulations shall be uniform throughout the state and shall be enforced by inspectors for the division to [insure] ensure minimum standards of safety within the state and any of its political subdivisions. Ordinances of any political subdivision of New Mexico relating to gas, including natural gas, liquefied petroleum gas or synthetic natural gas; electricity; sanitary plumbing; and installation or sale of manufactured homes shall not be inconsistent with any rules, regulations, codes or standards adopted by the division pursuant to the Manufactured Housing Act;

          E. adopt a budget and submit it to the regulation and licensing department for approval;

          F. make an annual report to the superintendent of regulation and licensing concerning the operations of the division. The report shall contain the division's recommendations for legislation that it deems necessary to improve the licensing and the ethical and technical practices of the manufactured housing industry and to protect the public welfare;

          G. [subject to the approval of the committee] adopt such rules, regulations, codes and standards as are necessary to carry out the provisions of the Manufactured Housing Act;

          H. prepare a uniform manufacturer's warranty and require its adoption as a condition of licensure by all manufacturers of manufactured homes doing business in New Mexico;

          I. [subject to the approval of the committee] adopt by regulation the mobile home construction and safety standards contained in the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended;

          J. [subject to the approval of the committee] adopt by regulation the mobile home procedural and enforcement regulations, 24 C.F.R. 3282, as amended, promulgated by the department of housing and urban development pursuant to the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended;

          K. issue permits and provide for a single inspection of every installation in New Mexico, regardless of the location;

          L. [subject to the approval of the committee] adopt regulations prescribing standards for the installation or use of electrical wiring; the installation of all fixtures, plumbing, [consumer's] consumers' gas pipe, including natural gas, liquefied petroleum gas and synthetic natural gas, appliances and materials installed in the course of mechanical installation; and the construction, alteration, installation and repair of all manufactured homes intended for use in flood or mudslide areas designated pursuant to Section 3-18-7 NMSA 1978. The regulations shall give due regard to standards prescribed by the federal insurance and mitigation administration pursuant to regulation 1910, Subsection 7(d), 79 Stat. 670, Section 1361, 82 Stat. 587 and 82 Stat. 5757, all as amended, and shall give due regard to physical, climatic and other conditions peculiar to New Mexico;

          M. conduct "inspector schools" so that each inspector under the division's jurisdiction is capable of giving a complete one-time inspection for the sufficiency of unit installation, construction and mechanical and electrical systems;

          N. enter into cooperative agreements with federal agencies relating to manufactured housing and accept and use federal grants, matching funds or other financial assistance to further the purposes of the Manufactured Housing Act. The division may enter into agreements with municipalities and counties to provide for the inspection of manufactured homes by employees of municipalities and counties, to be performed under the supervision and control of the division. The division may allow all or a portion of the inspection fee collected by a local public body to be retained by the local public body. The portion of the fee retained shall be determined by the division and shall be related to the completeness of the inspection performed;

          O. administer oaths through any member of the division, the director or a hearing officer;

          P. [subject to the approval of the committee] adopt rules and regulations for the conducting of hearings and the presentation of views, consistent with the regulations promulgated by the department of housing and urban development, 24 C.F.R. 3282.151 through 3282.156, as amended;

          Q. [subject to the approval of the committee] adopt by regulation a requirement that dealers, repairmen and installers provide to consumers warranties on their product and work and prescribe by regulation minimum requirements of such warranties;

          R. coordinate with and qualify inspectors for any multiple inspection program provided by the construction industries division of the regulation and licensing department for inspection of manufactured homes;

          S. [subject to the approval of the committee] adopt regulations, codes and standards for manufactured homes used for nonresidential purposes; provided that such manufactured homes being used for nonresidential purposes on May 18, 1988 shall not be required to meet Uniform Building Code standards, except as to requirements for access to the handicapped, but manufactured homes being used for nonresidential purposes after May 18, 1988 shall be required to meet Uniform Building Code standards. None of the provisions contained in this subsection shall apply to retailers licensed by the motor vehicle division of the taxation and revenue department; and

          T. with the approval of the superintendent of regulation and licensing, employ such personnel as the director deems necessary for the exclusive purposes of investigating violations of the Manufactured Housing Act, enforcing Section 60-14-17 NMSA 1978 and instituting legal action in the name of the division to enforce the provisions of Section 60-14-19 NMSA 1978."

     SECTION 22. Section 60-14-5 NMSA 1978 (being Laws 1977, Chapter 245, Section 220, as amended) is amended to read:

     "60-14-5. MANUFACTURED HOUSING COMMITTEE CREATED--MEMBERSHIP--COMPENSATION--DUTIES.--

          A. There is created within the division the "manufactured housing committee". It shall be composed of seven members who are residents of New Mexico and who shall serve at the pleasure of the governor and be appointed by [him] the governor as follows:

                (1) one member who is or is the designated representative of a manufacturer licensed under the Manufactured Housing Act;

                (2) one member who is or is the qualifying party of a dealer licensed under the Manufactured Housing Act;

                (3) one member who is or is the qualifying party of an installer licensed under the Manufactured Housing Act;

                (4) one member who is a broker licensed under the Manufactured Housing Act; and

                (5) three members who are manufactured housing unit owners not subject to licensure under the Manufactured Housing Act.

     The term of office of each member of the committee is four years; provided that members shall be appointed for staggered terms beginning July 1, 1983 so that two terms end on June 30, 1985, two terms end on June 30, 1986 and three terms end on June 30, 1987. Thereafter, all members shall be appointed to four-year terms. Members shall be appointed to provide adequate representation of all geographic areas of the state.

          B. Each member of the committee shall receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

          C. The committee shall annually elect a [chairman] chair and vice [chairman] chair from its membership. The director of the division shall serve as the executive secretary of the committee.

          D. The committee shall meet at least bimonthly at the call of the [chairman] chair.

          E. The committee shall provide technical and policy advice to the division [review and approve or disapprove all rules, regulations, standards and codes subject to its approval under the provisions of the Manufactured Housing Act and:

                (1) establish by regulation classifications of licenses issued by the division and qualifications and examinations necessary for licensure under the Manufactured Housing Act; and

                (2)] and suspend or revoke for cause any license or certificate of qualification issued by the division."

     SECTION 23. Section 60-14-6 NMSA 1978 (being Laws 1978, Chapter 81, Section 1, as amended) is amended to read:

     "60-14-6. BONDING REQUIREMENTS--DEALERS, BROKERS, SALESPERSONS, MANUFACTURERS, REPAIRMEN AND INSTALLERS.--

          A. The division [with the approval of the committee] may by regulation require each dealer, broker, salesperson, manufacturer, repairman and installer to furnish and maintain with the division a consumer protection bond underwritten by a corporate surety authorized to transact business in New Mexico, in a sum to be determined by regulation and in such form, and with either unit or blanket coverage, as required by regulation, to be conditioned upon the dealer, broker, salesperson, manufacturer, repairman or installer complying with the provisions of the Manufactured Housing Act and any other law applying to the licensee, and also as indemnity for any loss sustained by any person damaged:

                (1) as a result of a violation by the licensee of any provision of the Manufactured Housing Act or of any regulation of the division adopted pursuant to that act;

                (2) as a result of a violation of any regulation adopted by the division;

                (3) by fraud of a licensee in the execution or performance of a contract; or

                (4) by misrepresentation or the making of false promises through the advertising or the agents of a licensee.

          B. The consumer protection bond may include provisions for the indemnification for any loss sustained by any consumer as the result of the refusal, failure or inability to transfer good and sufficient legal title to the consumer by the transferor or any other party claiming title.

          C. The committee may attach and disburse for cause any consumer protection bond furnished to the division pursuant to this section. The division [subject to the approval of the committee] shall adopt the necessary rules and regulations to administer the provisions of this section."

     SECTION 24. Section 60-14-7 NMSA 1978 (being Laws 1975, Chapter 331, Section 8, as amended) is amended to read:

     "60-14-7. LICENSE REQUIRED--CLASSIFICATION--EXAMINATION.--

          A. No person shall engage in business as a manufacturer, dealer, broker, repairman, installer or salesperson unless licensed as provided in the Manufactured Housing Act.

          B. The [committee] division shall adopt regulations creating a system of license classifications covering the occupations of dealer, broker, manufacturer, repairman, installer and salesperson and providing for the qualifications and examination for each class of license.

          C. No person shall import for sale or exchange, or engage in the business of selling, leasing or exchanging or offering for sale, lease or exchange, any manufactured home manufactured by any person who is not licensed as a manufacturer under the Manufactured Housing Act."

     SECTION 25. Section 60-14-8 NMSA 1978 (being Laws 1977, Chapter 6, Section 1, as amended) is amended to read:

     "60-14-8. LICENSURE--EXEMPTION.--The provisions of Section 60-14-7 NMSA 1978 shall not apply to:

          A. licensed real estate brokers or [salesmen] salespersons acting as agents for another person in the sale of real property on which is located one or more manufactured homes whose installation has been approved as provided in regulations of the [committee] division; or

          B. technicians working on weatherization projects that do not exceed a cost of three thousand five hundred dollars ($3,500) and that are administered by a state or federal agency."

     SECTION 26. Section 60-14-9 NMSA 1978 (being Laws 1975, Chapter 331, Section 9, as amended) is amended to read:

     "60-14-9. LICENSE--APPLICATION--ISSUANCE.--

          A. Application for a license required under Section 60-14-7 NMSA 1978 for one of the classified occupations, or for a certificate of qualification of a qualifying party of a licensee other than an individual licensee, shall be submitted to the division on forms prescribed and furnished by the division. The application shall contain such information and be accompanied by such attachments as are required by regulations of the division. The forms shall be accompanied by the prescribed fee.

          B. No license shall be issued by the division to [any] a person unless the division is satisfied that [he] the person is or has in [his] the person's employ a qualifying party who is qualified for the classification for which the application is made and who has satisfied the requirements of Subsection C of this section.

          C. An applicant for licensure shall:

                (1) demonstrate financial responsibility as required by regulations of the [committee] division;

                (2) be of good reputation;

                (3) not have engaged illegally in the licensed classification that [he] the applicant is applying for within one year prior to making the application;

                (4) demonstrate familiarity with the rules and regulations adopted by the [committee] division concerning the classification for which application is made;

                (5) if a corporation, have complied with the laws of New Mexico regarding qualifications for doing business in this state or have been incorporated in New Mexico and have and maintain a registered agent and a registered office in this state;

                (6) if an individual or partnership, have maintained a residence or street address in New Mexico for at least thirty days preceding the date of application;

                (7) submit proof of registration with the revenue processing division of the taxation and revenue department and submit a current tax identification number; and

                (8) personally or through the applicant's qualifying party successfully pass an examination administered by the division in the license classification for which application is made."

     SECTION 27. Section 60-14-10 NMSA 1978 (being Laws 1975, Chapter 331, Section 10, as amended) is amended to read:

     "60-14-10. QUALIFYING PARTY--EXAMINATION--CERTIFICATE.--

          A. Except as provided in Subsection C of this section, no certificate of qualification shall be issued to [any] an individual desiring to be a qualifying party until [he] the individual has passed with a satisfactory score an examination prepared, administered and graded by the division.

          B. The examination where applicable shall consist of:

                (1) general business knowledge, the rules and regulations of the division [and committee] and the provisions of the Manufactured Housing Act;

                (2) technical knowledge and familiarity with the prescribed codes and minimum standards, which may be prepared and administered by an employee of the division who is expert in the particular classification for which certification is sought; and

                (3) general knowledge of the statutes of this state relating to the sale, exchange or lease of manufactured homes, contracts of sale, agency and brokerage.

          C. If a licensee is subject to suspension by the committee for failure of the licensee to have a qualifying party in [his] the licensee's employ, and the employment of the qualifying party is terminated without fault of the licensee, then an employee of the licensee who is experienced in the classification for which the certificate of qualification was issued and who has been employed two or more years by the licensee shall be issued without examination a temporary certificate of qualification in the classification for which the licensee is licensed. The temporary qualifying party shall be subject to passing the examination as set forth in this section within one year from the date of the temporary certificate's issuance.

          D. A certificate of qualification is not transferable."

     SECTION 28. Section 60-14-12 NMSA 1978 (being Laws 1975, Chapter 331, Section 12, as amended) is amended to read:

     "60-14-12. SUSPENSION AND REVOCATION.--Any license or certificate of qualification issued by the division shall be suspended for a definite period or revoked under the procedures of the Uniform Licensing Act by the committee for any of the following causes:

          A. if a licensee or a qualifying party of a licensee violates any provision of the Manufactured Housing Act or any regulations adopted by the division [or committee] pursuant to that act;

          B. false, misleading or deceptive advertising;

          C. knowingly contracting or performing a service beyond the scope of the license;

          D. misrepresentation of a material fact by the applicant in obtaining a license or certificate;

          E. misrepresentation or omission of a material fact in any manufactured home transaction;

          F. failure to comply with the warranty requirements of the Manufactured Housing Act or any regulation of the [committee] division pursuant to those requirements;

          G. failure by a manufacturer or dealer to transfer good and sufficient title to the purchaser of a manufactured home;

          H. failure by a broker or dealer to provide the buyer and the seller of a pre-owned manufactured home with a closing statement as required by regulation of the [committee] division;

          I. conviction of a licensee or a qualifying party of a licensee in any court of competent jurisdiction of a felony or any offense involving moral turpitude; or

          J. failure by a dealer or broker in the transfer of a pre-owned manufactured home not owned at the time of the transaction by the dealer or broker to comply with title transfer provisions set forth by regulation of the division.

     SECTION 29. Section 60-14-19 NMSA 1978 (being Laws 1983, Chapter 295, Section 24, as amended) is amended to read:

     "60-14-19. PENALTIES.--

          A. Any person who knowingly and willfully violates a provision of the Manufactured Housing Act or any rule, regulation or administrative order of the [committee or] division in a manner that threatens the health or safety of any purchaser or consumer is guilty of a misdemeanor and on conviction shall be fined not more than one thousand dollars ($1,000) or shall be confined in the county jail not longer than one year or both.

          B. In any action brought to enforce any provision of the Manufactured Housing Act, the division, upon petition to the court, may recover on behalf of the state a civil penalty not to exceed one thousand dollars ($1,000) for each violation, except that the maximum civil penalty may not exceed one million dollars ($1,000,000) for any related series of violations occurring within one year from the date of the first violation.

          C. Failure by a manufacturer or dealer to comply with the warranty provisions of the Manufactured Housing Act or any implied warranties or the violation of any provision of the Manufactured Housing Act by any person is an unfair or deceptive trade practice in addition to those practices defined in the Unfair Practices Act and is actionable pursuant to the Unfair Practices Act. As such, the venue provisions and all remedies available in the Unfair Practices Act apply to and are in addition to the remedies in the Manufactured Housing Act.

          D. The director may issue a license to an applicant who at any time within one year prior to making an application has acted as an unlicensed dealer, broker, salesperson, repairman, manufacturer or installer in New Mexico without a license as required by the division if:

                (1) the applicant in addition to all other requirements for licensure pays an additional fee as follows:

                     (a) in an amount up to ten percent of the contract price or the value of the unlicensed work in the discretion of the committee; or

                     (b) if the applicant has bid or offered a price on a project and was not the successful bidder or offeror, the fee shall be at least one percent but not more than five percent of the total bid amount in the discretion of the committee; and

                (2) the director is satisfied that no incident of unlicensed work:

                     (a) caused monetary damage to any person; or

                     (b) resulted in an unresolved consumer complaint being filed against the applicant.

          E. Any unlicensed person who has performed unlicensed work may settle the claims against that unlicensed person without becoming licensed if the administrative claims arise from that person's first offense and that person pays an administrative fee calculated pursuant to Paragraph (1) of Subsection D of this section. In addition to the administrative fee, an additional ten percent of the amount of the administrative fee shall be assessed as a service fee.

          F. If the total fee to be paid by the unlicensed person pursuant to the provisions of Subsection D or E of this section is twenty-five dollars ($25.00) or less, the fee may be waived by the director."

     SECTION 30. Section 70-5-3 NMSA 1978 (being Laws 1947, Chapter 214, Section 2, as amended) is amended to read:

     "70-5-3. RULES AND REGULATIONS FOR DESIGN, CONSTRUCTION, ASSEMBLING, EQUIPPING AND INSTALLING OF CONTAINERS AND EQUIPMENT.--All containers and pertinent equipment used or to be used in this state for CNG equipment when attached to motor vehicles or for the storage, transporting or dispensing of LP gases or CNG by industrial, commercial or domestic users, together with appliances used or to be used in this state with LP gases as fuel, shall be designed, constructed, assembled, equipped and installed as specified by the rules and regulations of the [commission] division, adopted and promulgated as provided in the LPG and CNG Act."

     SECTION 31. Section 70-5-4 NMSA 1978 (being Laws 1947, Chapter 214, Section 3, as amended) is amended to read:

     "70-5-4. ACTS CONCERNING LP GAS OR CNG SUBJECT TO COMMISSION RULES AND REGULATIONS.--The selling, offering for sale, constructing, assembling, repairing, equipping, installing, filling with fuel, storage of fuel within, dispensing of fuel from or transporting fuel within containers described in Section 70-5-3 NMSA 1978 without the containers having been designed, constructed, assembled, equipped, maintained, tested and inspected as specified by the rules and regulations of the [commission] division pursuant to the LPG and CNG Act shall be a violation of the LPG and CNG Act and shall be subject to the fines, penalties and restrictions provided."

     SECTION 32. Section 70-5-5 NMSA 1978 (being Laws 1947, Chapter 214, Section 4, as amended) is amended to read:

     "70-5-5. POWER TO ADOPT AND PROMULGATE RULES AND REGULATIONS--EXCEPTIONS TO ACT.--

          A. The [commission] division may adopt and promulgate rules and regulations as are necessary to carry out the purpose of the LPG and CNG Act and for the public peace, health and safety as affected by the use of such materials. The regulations made shall substantially conform with the standards as published by the national fire protection association covering the same subject matter. Nothing contained in this section is intended to alter the specifications for manufacturing or testing of containers established by the [interstate commerce commission] surface transportation board or the [U.S.] United States department of transportation or of containers installed in refineries, gas processing plants, underground storage terminals, natural gas distributing plants and pipeline terminals.

          B. The bureau may adopt a schedule of reasonable fees to be charged for furnishing any printed matter or forms, for filing or recording any data sheets, blueprints, drawings, plans, specifications, reports and any other instrument or document and for making and furnishing copies of any record, report, regulation, rule, law or any other matter on file with the bureau."

     SECTION 33. Section 70-5-6 NMSA 1978 (being Laws 1947, Chapter 214, Section 5, as amended) is amended to read:

     "70-5-6. LICENSE--EXCEPTIONS.--

          A. No person, firm or corporation shall engage in this state in the manufacturing, assembling, repairing, selling or installing of containers or appliances or of equipment for CNG attached or to be attached to motor vehicles to be used with LP gases as a fuel, nor shall any person, firm or corporation engage in the manufacture, sale, transportation, dispensing or storage of LP gases within this state, except where stored by the ultimate consumer for consumption only, without having first obtained from the bureau a license to do so for each main and branch office or business operated within the state pursuant to the LPG and CNG Act. No license shall be issued until the bureau has determined that the applicant meets all safety requirements provided for in that act and required by the rules and regulations of the [commission] division and the bureau finds that the applicant is fit and able to perform the work for which a license is requested; provided that household appliances and any other appliance, container or equipment being fed from a reservoir less than five pounds shall not be subject to the LPG and CNG Act; and provided further that retail sale of LP gas appliances, including factory installed LP gas appliances and equipment on campers, mobile homes and recreational vehicles, shall be exempt from this section.

          B. When LP gas or CNG is to be the source of fuel, the installation of piping, appliances and equipment shall be made by installers qualified by the bureau. Property-owner installed systems, when certified by qualified installers or inspectors of the bureau, are exempt from the provisions of this subsection."

     SECTION 34. Section 70-5-11 NMSA 1978 (being Laws 1973, Chapter 362, Section 11, as amended) is amended to read:

     "70-5-11. PROOF OF RESPONSIBILITY.--

          A. The bureau shall require each licensee to have combined single limit public liability insurance of a reasonable amount determined by the [commission] division. Such coverage shall be filed on a certificate to be prescribed by the [commission] division, and the coverage shall be effective until canceled by either the carrier or the licensee. The provisions of this subsection do not apply to manufacturers of LP gas.

          B. The licensee may file as an alternative to insurance described in Subsection A of this section a corporate surety bond of a reasonable amount determined by the [commission] division.

          C. The insurance or the surety bond shall be purchased from a company licensed to do business in New Mexico.

          D. The certificate of insurance or the surety bond filed with the bureau shall continue to be effective until thirty days after the date the bureau is notified in writing of the cancellation of the insurance or surety bond."

     SECTION 35. Section 70-5-12 NMSA 1978 (being Laws 1947, Chapter 214, Section 12, as amended) is amended to read:

     "70-5-12. POWER OF BUREAU AND COMMISSION TO REFUSE TO GRANT, SUSPEND OR CANCEL A LICENSE.--The bureau may refuse to grant a license to any applicant and may request the commission to suspend or cancel the license of any licensee if it appears to the bureau upon hearing, as provided in the LPG and CNG Act, that an applicant or licensee has violated or failed to comply with any provision of law relating to LP gas or CNG or with any rule, regulation or order of the division, bureau or commission or that any licensee has demonstrated that [he] the licensee is incompetent or lacks knowledge in matters relevant to a license to such an extent that, in the judgment of the bureau, it would endanger the public safety to allow the licensee to continue to engage in LP gas or CNG activities or operations."

     SECTION 36. Section 70-5-13 NMSA 1978 (being Laws 1947, Chapter 214, Section 13, as amended) is amended to read:

     "70-5-13. PROVISIONS FOR HEARINGS.--Upon receipt of written complaint from one of its representatives or by any person or party affected, the bureau may, if it finds probable cause for such complaint, request the commission to hold a hearing to consider the complaint under the provisions of the LPG and CNG Act and under such rules and regulations not inconsistent with that act. If at the hearing the commission finds that the licensee has violated or failed to comply with any of the provisions of the LPG and CNG Act or the rules and regulations of the bureau or [commission then] division, the commission may revoke or suspend the license of the licensee. The bureau may investigate on its own motion any matters pertaining to the subject of the LPG and CNG Act and may hold such hearings as it deems necessary. The bureau may also summon and compel the attendance of witnesses, require the production of any records or documents deemed by it to be pertinent to the subject matter of any investigation and provide for the taking of depositions of witnesses under such rules as it may prescribe."

     SECTION 37. Section 70-5-18 NMSA 1978 (being Laws 1947, Chapter 214, Section 18, as amended) is amended to read:

     "70-5-18. CIVIL PENALTY FOR FAILURE TO COMPLY WITH ACT OR ANY ORDER, RULE OR REGULATION.--The failure of any person, firm or corporation or any association engaged in any LP gas or CNG activity or operation requiring a license by the bureau to comply, within forty-eight hours after the receipt of any certified order of the bureau or commission requiring compliance, with the laws relating to LP gases or CNG or any order, rule or regulation of the bureau or [commission] division shall subject the person or the officers of the corporation to a civil penalty of one hundred dollars ($100) for each day the violation continues, and the attorney general may institute civil actions in the district court of the county in which the violation occurs to recover penalties in the name and on behalf of the state."

     SECTION 38. Section 70-5-20 NMSA 1978 (being Laws 1947, Chapter 214, Section 21, as amended) is amended to read:

     "70-5-20. ENFORCEMENT.--The bureau may enforce the laws relating to LP gases and CNG and any rules, regulations or orders adopted by it or the [commission] division pursuant to those laws by injunction in the district courts, which remedy shall be in addition to the civil and criminal penalties provided in the LPG and CNG Act. The chief [and] of the inspectors of the bureau or the bureau may issue citations for violation of the LPG and CNG Act."

     SECTION 39. Section 70-5-21 NMSA 1978 (being Laws 1947, Chapter 214, Section 22, as amended) is amended to read:

     "70-5-21. MISDEMEANOR.--Any person violating any provision of the LPG and CNG Act or the rules, regulations or orders of the bureau or the [commission] division issued pursuant to that act is guilty of a misdemeanor and shall be punished by a fine levied in a magistrate court of not less than fifty dollars ($50.00) or more than five hundred dollars ($500) or by imprisonment for not more than ninety days or both."

     SECTION 40. Section 71-6-7.1 NMSA 1978 (being Laws 2007, Chapter 38, Section 5) is amended to read:

     "71-6-7.1. CONSTRUCTION STANDARDS TO ACCOMMODATE SOLAR COLLECTORS--RULEMAKING.--The department and the construction industries division of the regulation and licensing department [and the construction industries commission] shall jointly promulgate rules, standards or codes that establish requirements for new construction that will accommodate the installation of solar collectors to or on the new construction after that construction is otherwise complete, including roof orientation, roof strength, location of obstructions to sunlight, access to installation locations, built-in conduit, wiring and piping and brackets for attaching solar collectors."

     SECTION 41. TEMPORARY PROVISION--RULEMAKING AUTHORITY OF THE CONSTRUCTION INDUSTRIES COMMISSION AND THE MANUFACTURED HOUSING COMMITTEE.--Beginning July 1, 2011, the regulation and licensing department shall assume the rulemaking authority of the construction industries commission and the manufactured housing committee. All rules of the construction industries commission and the manufactured housing committee shall remain in force unless the regulation and licensing department repeals or amends them.

     SECTION 42. TEMPORARY PROVISION--DUTIES OF THE NEW MEXICO ATHLETIC COMMISSION AND THE MEDICAL ADVISORY BOARD.--Beginning July 1, 2011, the regulation and licensing department shall assume the duties of the New Mexico athletic commission and the medical advisory board. All rules of the New Mexico athletic commission and the medical advisory board shall remain in force unless the regulation and licensing department repeals or amends them.

     SECTION 43. TEMPORARY PROVISION--TRANSFER OF CONTRACTUAL OBLIGATIONS--REFERENCES IN LAW.--

          A. On July 1, 2011, contractual obligations of the New Mexico athletic commission and the medical advisory board are binding on the regulation and licensing department.

          B. On July 1, 2011, all references in law to the New Mexico athletic commission and the medical advisory board shall be deemed to be references to the regulation and licensing department.

          C. On July 1, 2011, all references in law to the executive secretary of the New Mexico athletic commission or the chairman of the athletic commission shall be deemed to be references to the superintendent of regulation and licensing or the superintendent's designee.

     SECTION 44. REPEAL.--Sections 60-2A-3 and 60-2A-6 NMSA 1978 (being Laws 1980, Chapter 90, Sections 3 and 6, as amended) are repealed.

     SECTION 45. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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