HB0203

HOUSE BILL 203

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Yvette Herrell

AN ACT

RELATING TO LICENSING; ENACTING A NEW SECTION OF THE UNIFORM LICENSING ACT AND AMENDING SECTIONS OF THE NMSA 1978 TO ALLOW APPLICANTS TO ELECTRONICALLY FILL OUT A FULL APPLICATION TO OBTAIN, RENEW, REACTIVATE AND REINSTATE PROFESSIONAL AND OCCUPATIONAL LICENSES, CERTIFICATIONS AND PERMITS.

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

SECTION 1. A new section of the Uniform Licensing Act is enacted to read:

"[NEW MATERIAL] ELECTRONIC APPLICATIONS FOR LICENSES.--To the extent practicable, the board shall provide by rule the manner by which an applicant may electronically satisfy all board requirements to obtain, renew, reactivate and reinstate professional and occupational licenses, certifications and permits."

SECTION 2. Section 60-1A-4 NMSA 1978 (being Laws 2007, Chapter 39, Section 4) is amended to read:

"60-1A-4. COMMISSION--POWERS--DUTIES.--

A. The commission may:

(1) grant, deny, suspend or revoke occupational licenses, secondary licenses and racetrack licenses, establish the terms for each classification of a racetrack license and set fees for submitting an application for a license;

(2) exclude or compel the exclusion of a person from all horse racetracks who the commission deems detrimental to the best interests of horse racing or who willfully violates the Horse Racing Act, a rule or order of the commission or a law of the United States or New Mexico;

(3) compel the production of documents, books and tangible items, including documents showing the receipts and disbursements of a racetrack licensee;

(4) investigate the operations of a licensee and place a designated representative on the licensed premises of a racetrack licensee for the purpose of observing compliance with the Horse Racing Act and rules or orders of the commission;

(5) employ staff as required to administer the Horse Racing Act and employ staff with basic law enforcement training to be stationed at racetracks to maintain peace and order, enforce the law, conduct investigations and enforce the Horse Racing Act or rules or orders of the commission; provided that staff employed with law enforcement training may not carry firearms or other deadly weapons while on duty for the commission;

(6) summon witnesses;

(7) administer oaths for the effective discharge of the commission's authority; and

(8) appoint a hearing officer to conduct hearings required by the Horse Racing Act or a rule adopted pursuant to that act.

B. The commission shall:

(1) make rules to hold, conduct and operate all race meets and horse races held in the state and to identify and assign racing dates;

(2) require the following information for each applicant on an application for a license:

(a) the full name, address and contact information of the applicant, and if the applicant is a corporation, the name of the state of incorporation and the names, addresses and contact information of officers, members of the board of directors and managers of the corporation;

(b) the exact location at which the applicant desires to conduct a horse race or race meet; (c) whether the horse racetrack is owned or leased, and, if leased, the name and residence of the fee owner of the land or, if the owner is a corporation, the names of the directors and stockholders;

(d) a statement of the assets and liabilities of the person or corporation making the application;

(e) the kind of racing to be conducted; (f) the beginning and ending dates desired for the race meet and the days during that time period when horse races are to be scheduled; and

(g) other information determined by the commission to be necessary to assess the potential for success of the applicant;

(3) require a statement under oath by the applicant that the information on the application is true;

(4) supervise and oversee the making of pari-mutuel pools and the distribution from those pools;

(5) make on-site inspections of horse racetracks in New Mexico at reasonable intervals;

(6) approve all improvements proposed to be completed on the licensed premises of a horse racetrack, including extensions, additions or improvements of buildings, stables or tracks;

(7) monitor and oversee the pari-mutuel machines and equipment at all horse races or race meets held in the state;

(8) approve contracts for simulcasting, pari-mutuel wagering and capital improvements funded pursuant to Section 60-1A-20 NMSA 1978 entered into by horse racetracks;

(9) regulate the size of the purses to be offered at horse races run in the state;

(10) require background investigations of employees of a racetrack licensee as set forth in the rules of the commission; [and]

(11) to the extent practicable, provide by rule the manner by which an applicant may electronically satisfy all commission requirements to obtain, renew, reactivate and reinstate a license; and

[(11)] (12) provide an annual report to the governor regarding the commission's administration of horse racing in the state."

SECTION 3. Section 60-2A-9 NMSA 1978 (being Laws 1980, Chapter 90, Section 9) is amended to read:

"60-2A-9. LICENSES TO CONDUCT PROFESSIONAL CONTESTS.--

A. The commission may issue licenses to conduct, hold or give a professional contest to any promoter under such terms and in accordance with such rules as the commission may adopt.

B. Any application for [such] a license shall be in writing and shall correctly show the promoter. The application shall be accompanied by the annual fee prescribed by law.

C. Before any license is granted to a promoter, the promoter must file a bond in an amount fixed by the commission but not less than two thousand dollars ($2,000) with good and sufficient surety and conditioned for the faithful performance by the promoter of the provisions of the Professional Athletic Competition Act.

D. The commission shall, to the extent practicable, provide by rule the manner by which an applicant may electronically satisfy all commission requirements to obtain a license."

SECTION 4. Section 60-2C-3 NMSA 1978 (being Laws 1989, Chapter 346, Section 3, as amended) is amended to read:

"60-2C-3. LICENSE OR PERMIT REQUIRED FOR SALE OF FIREWORKS--ADMINISTRATION--PERMITS AND LICENSES.--

A. No person may sell, hold for sale, import, distribute or offer for sale, as manufacturer, distributor, wholesaler or retailer, any fireworks in this state unless [such] the person has first obtained the appropriate license or permit.

B. The state fire marshal shall enforce the Fireworks Licensing and Safety Act. All license applications shall be submitted to the office of the state fire marshal. All retailers shall be required to purchase a retail fireworks permit for each retail location. The retail permit may be purchased from [any] a licensed manufacturer, distributor or wholesaler or from the state fire marshal's office. Retail permits may be purchased at any time by the licensed manufacturer, distributor or wholesaler in books of twenty permits per book from the state fire marshal. Permits shall be numbered, and it [shall be] is the responsibility of the licensed manufacturer, distributor or wholesaler to keep records of the purchases of these permits and to submit these records to the state fire marshal semiannually on January 31 and July 31 of each year. Each semiannual report is to cover the preceding six-month period. Retail permits that are unsold may be exchanged for new permits.

C. The state fire marshal shall appoint the deputies and employees required to carry out the provisions of the Fireworks Licensing and Safety Act. The state fire marshal may also appoint [any] a commissioned law enforcement officer or duly appointed fire chief or [his] the law enforcement officer's or fire chief's designee with approval from the local governing body required to carry out the provisions of that act.

D. The [state] fire [board] marshal division shall formulate, adopt, promulgate and amend or revise rules and regulations for the safe handling of fireworks.

E. The state fire board shall, to the extent practicable, provide by rule the manner by which an applicant may electronically satisfy all board requirements to obtain the appropriate license or permit."

SECTION 5. Section 60-2D-7 NMSA 1978 (being Laws 1991, Chapter 233, Section 7) is amended to read:

"60-2D-7. RULES AND REGULATIONS.--The commission shall promulgate reasonable rules and regulations governing bicycle racing in this state. These rules and regulations shall:

A. govern the application procedures for all licenses issued by the commission;

B. provide for the supervision, direction and discipline of licensees of the commission;

C. govern, subject to the Uniform Licensing Act, the issuance, suspension and revocation of licenses issued by the commission;

D. to the extent practicable, provide the manner by which an applicant may electronically satisfy all commission requirements to obtain or renew a license;

[D.] E. provide for the barring from bicycle racing and bicycle-racing tracks of any persons, including those required to be licensed by the commission;

[E.] F. determine the distribution of the gross receipts of all pari-mutuel bicycle-racing wagers that shall be payable as pari-mutuel winnings, as race purses to the winning bicycle racers and as commissions to the licensee;

[F.] G. set standards for the holding, conducting and operating of all bicycle races, race meets and racetracks under the supervision of the commission; and

[G.] H. become effective only after they have been filed in accordance with the State Rules Act."

SECTION 6. Section 60-2E-8 NMSA 1978 (being Laws 1997, Chapter 190, Section 10, as amended) is amended to read:

"60-2E-8. BOARD REGULATIONS--DISCRETIONARY REGULATIONS--PROCEDURE--REQUIRED PROVISIONS.--

A. The board may adopt any regulation:

(1) consistent with the provisions of the Gaming Control Act; and

(2) it decides is necessary to implement the provisions of the Gaming Control Act.

B. No regulation shall be adopted, amended or repealed without a public hearing on the proposed action before the board or a hearing officer designated by it. Notice of the subject matter of the regulation, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed regulation, amendment or repeal may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All regulations and actions taken on regulations shall be filed in accordance with the State Rules Act.

C. The board shall adopt regulations:

(1) prescribing the method and form of application to be followed by an applicant;

(2) prescribing the information to be furnished by an applicant or licensee concerning the applicant's or licensee's antecedents, immediate family, habits, character, associates, criminal record, business activities and financial affairs, past or present;

(3) prescribing the manner and procedure of all hearings conducted by the board or a hearing officer;

(4) prescribing the manner and method of collection and payment of fees;

(5) prescribing the manner and method of the issuance of licenses, permits, registrations, certificates and other actions of the board not elsewhere prescribed in the Gaming Control Act;

(6) providing, to the extent practicable, the manner by which an applicant may electronically satisfy all board requirements to obtain or renew a certification, permit, registration or license, to fully fill out a supplemental form or provide information that may be required with the application and to obtain approval of an act or transaction for which approval is required or allowed pursuant to the provisions of the Gaming Control Act;

[(6)] (7) defining the area, games and gaming devices allowed and the methods of operation of the games and gaming devices for authorized gaming;

[(7)] (8) prescribing under what conditions the nonpayment of winnings is grounds for suspension or revocation of a license of a gaming operator;

[(8)] (9) governing the manufacture, sale, distribution, repair and servicing of gaming devices;

[(9)] (10) prescribing accounting procedures, security, collection and verification procedures required of licensees and matters regarding financial responsibility of licensees;

[(10)] (11) prescribing what shall be considered to be an unsuitable method of operating gaming activities;

[(11)] (12) restricting access to confidential information obtained pursuant to the provisions of the Gaming Control Act and ensuring that the confidentiality of that information is maintained and protected;

[(12)] (13) prescribing financial reporting and internal control requirements for licensees;

[(13)] (14) prescribing the manner in which winnings, compensation from gaming activities and net take shall be computed and reported by a gaming operator licensee;

[(14)] (15) prescribing the frequency of and the matters to be contained in audits of and periodic financial reports relevant to the gaming operator licensee's gaming activities from a gaming operator licensee consistent with standards prescribed by the board;

[(15)] (16) prescribing the procedures to be followed by a gaming operator licensee for the exclusion of persons from gaming establishments;

[(16)] (17) establishing criteria and conditions for the operation of progressive systems;

[(17)] (18) establishing criteria and conditions for approval of procurement by the board of personal property valued in excess of twenty thousand dollars ($20,000), including background investigation requirements for a person submitting a bid or proposal;

[(18)] (19) establishing an applicant fee schedule for processing applications that is based on costs of the application review incurred by the board whether directly or through payment by the board for costs charged for investigations of applicants by state departments and agencies other than the board, which regulation shall set a maximum fee of one hundred thousand dollars ($100,000); and

[(19)] (20) establishing criteria and conditions for allowing temporary possession of gaming devices:

(a) by post-secondary educational institutions;

(b) for trade shows;

(d) for other non-gaming purposes."

SECTION 7. Section 60-2F-10 NMSA 1978 (being Laws 2009, Chapter 81, Section 10) is amended to read:

"60-2F-10. APPLICATION FOR LICENSES OR PERMITS.--

A. Each applicant for a license or permit to be issued under the New Mexico Bingo and Raffle Act shall file with the board a written application in the form prescribed by the board, duly executed and verified and containing:

(1) the name and address of the applicant;

(2) if not an individual, sufficient facts relating to its incorporation or organization to enable the board to determine whether or not the applicant is qualified and the names and addresses of its officers, members of the board of directors and managers;

(3) such other information deemed necessary by the board to ensure that the applicant complies with the provisions of the New Mexico Bingo and Raffle Act and rules adopted pursuant to that act; and

(4) an affirmation signed by the applicant or the applicant's agent that the information contained in the application is true and accurate. The application shall be signed by the applicant or the applicant's agent, and the signature shall be notarized.

B. In addition to the requirements of Subsection A of this section, each applicant for a bingo license shall provide the board with the following:

(1) the names of the bingo manager, the bingo caller and the game accountant, and a statement from those persons that they shall be responsible for the holding, operation and conduct of games of chance in accordance with the terms of the license and the provisions of the New Mexico Bingo and Raffle Act;

(2) sufficient facts relating to the organization to enable the board to determine whether or not it is a qualified organization;

(3) the exact location at which the applicant will conduct bingo and pull-tabs;

(4) the specific kind of games of chance intended to be conducted; and

(5) whether the premises are owned or leased and, if leased, the name and address of the fee owner of the land or, if the owner is a corporation, the names of the directors and members of the board of directors.

C. The board shall, to the extent practicable, provide by rule the manner by which an applicant may electronically satisfy all board requirements to obtain or renew a license or permit.

[C.] D. The failure to accurately and truthfully provide the information required in Subsection A, [or] B or C of this section is a violation of the New Mexico Bingo and Raffle Act and shall subject the applicant to the provisions of Sections [14, 23 and 25 of that act] 60-2F-14, 60-2F-23 and 60-2F-25 NMSA 1978."

SECTION 8. Section 60-3A-10 NMSA 1978 (being Laws 2001, Chapter 86, Section 7) is amended to read:

"60-3A-10. ADMINISTRATIVE RULES AND ORDERS--PRESUMPTION OF CORRECTNESS.--

A. The director shall issue and file as required by law all rules and orders necessary to administer the licensing provisions of the Liquor Control Act.

B. Directives issued by the director shall be in form substantially as follows:

(1) rules are written statements of the director, of general application to licensees, interpreting and exemplifying the statutes to which they relate;

(2) rulings are written statements of the director interpreting the statutes to which they relate and are of limited application to one or a small number of licensees; and

(3) orders are written statements of the director to implement [his] the director's decision after a hearing.

C. To be effective, a rule shall first be issued as a proposed rule and filed for public inspection in the office of the director. Distribution of the rule shall be made to interested persons and their comments shall be invited. After the proposed rule has been on file for thirty days and a public hearing has been held, the director may issue it as a final rule by filing as required by law.

D. The commission shall, to the extent practicable, provide by rule the manner by which an applicant may electronically satisfy all requirements to obtain or renew any license or permit required pursuant to the provisions of the Liquor Control Act.

[D.] E. The director shall furnish a copy of the rules to all licensees and other interested persons at a nominal cost.

[E.] F. A rule or order issued by the director is presumed to be a proper implementation of the licensing provisions of the Liquor Control Act.

[F.] G. All rules and orders shall be applied prospectively only."

SECTION 9. 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. to the extent practicable, provide by rule the manner by which an applicant may electronically satisfy all requirements to obtain, renew or continue any license, permit or certificate required, pursuant to the provisions of the Construction Industries Licensing Act and the LPG and CNG Act;

[L.] M. 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.] N. 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.] O. 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 10. Section 60-13A-3 NMSA 1978 (being Laws 1993, Chapter 162, Section 3) is amended to read:

"60-13A-3. REGISTRATION AS AN EMPLOYEE LEASING CONTRACTOR REQUIRED AS CONDITION TO DO BUSINESS IN THE STATE.--

A. No person shall do business in the state as an employee leasing contractor unless the person is registered with the department.

B. Registration shall be renewed annually. The renewal date shall be the first day of the month one year after the month in which the initial registration occurred.

C. Applications for initial registration and renewals of registration shall be made on forms supplied by the department and shall contain the information required by Section [6 of the Employee Leasing Act] 60-13A-6 NMSA 1978. The department may by regulation require additional information for initial registration and renewal of registration.

D. The department shall, to the extent practicable, provide by rule the manner by which an applicant may electronically satisfy all department requirements to obtain or renew a license or registration.

[D.] E. Upon initial registration, an employee leasing contractor shall pay a fee to the department of one thousand dollars ($1,000). On the annual renewal date, the employee leasing contractor shall pay an annual renewal fee of one thousand dollars ($1,000).

[E.] F. Neither the initial registration fee nor the renewal fee is refundable.

[F.] G. If a registered employee leasing contractor does not submit a completed renewal application within thirty days after the annual renewal date, the department shall mail a notice to the contractor by certified mail, return receipt requested, which notice shall inform the contractor that unless the renewal fee is paid within thirty days of the receipt of the notice by the contractor, together with a delinquency charge of five hundred dollars ($500), the contractor's registration shall be canceled. The department shall cancel the registration of any contractor who does not comply with the requirements for payment of a renewal fee and a delinquency charge."

SECTION 11. 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. to the extent practicable, provide by rule the manner by which an applicant may electronically satisfy all division requirements to obtain or renew a license, permit or certification required pursuant to the provisions of the Manufactured Housing Act;

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

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

[F.] G. 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.] H. 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.] I. 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.] J. 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.] K. 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.] L. issue permits and provide for a single inspection of every installation in New Mexico, regardless of the location;

[L.] M. 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 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 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.] N. 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.] O. 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.] P. administer oaths through any member of the division, the director or a hearing officer;

[P.] Q. 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.] R. 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.] S. 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.] T. subject to the approval of the committee, adopt regulations, codes and standards for manufactured homes used for nonresidential purposes; provided 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.] U. 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 12. Section 60-15-7 NMSA 1978 (being Laws 1993, Chapter 183, Section 7, as amended) is amended to read:

"60-15-7. REQUIREMENTS FOR LICENSURE.--

A. The department shall issue a license for a class I hoisting operator to a person who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that [he] the person:

(1) is at least twenty-one years of age;

(2) has passed a written examination as prescribed by the department;

(3) has had a physical examination, including substance abuse testing, within the twelve-month period preceding the date of [his] application, showing that the applicant is in satisfactory physical condition for performing the functions of a class I hoisting operator; and

(4) has had at least three years' experience in operating hoisting equipment with a manufacturer's rating capacity equal to or greater than fifty tons and a boom length of one hundred feet for a conventional crane endorsement, equipment with a manufacturer's rating capacity equal to or greater than one hundred tons and a boom length of one hundred feet for a hydraulic crane endorsement or a tower crane of any size or type for a tower crane endorsement or otherwise demonstrates [his] the person's operating experience and competency by completing an examination.

B. The department shall issue a license for a class II hoisting operator to a person who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that [he] the person:

(1) is at least eighteen years of age;

(2) has passed a written examination prescribed by the department;

(4) has had at least two years' experience in the actual operation of hydraulic cranes with over ten tons and up to one hundred tons lifting capacity with a maximum boom length of one hundred fifty feet, regardless of mounting or means of mobility, or otherwise demonstrates [his] the person's operating experience and competency by examination prescribed by the department.

C. A class II hoisting operator who seeks to become licensed as a class I hoisting operator shall keep a log book of [his] the class II hoisting operator's seat time and must accumulate five hundred hours of seat time under the direct supervision of a class I hoisting operator.

D. The department shall issue a license for a class III hoisting operator to a person who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that [he] the person:

(1) is at least eighteen years of age;

(2) has passed an examination prescribed by the department; and

E. A class III hoisting operator who seeks to become licensed as a class I or class II hoisting operator shall keep a log book of [his] the class III hoisting operator's seat time and must accumulate five hundred hours of seat time or six thousand hours of experience under the direct supervision of a class I or class II hoisting operator.

F. The department shall, to the extent practicable, provide by rule the manner by which an applicant may electronically satisfy all department requirements to obtain or renew a license required pursuant to the provisions of the Hoisting Operators Safety Act."

- 29 -