HOUSE BILL 192
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Larry R. Scott and James G. Townsend and
David M. Gallegos and Bob Wooley
AN ACT
RELATING TO PUBLIC WORKS; AMENDING AND REPEALING SECTIONS OF THE PUBLIC WORKS APPRENTICE AND TRAINING ACT; REPEALING THE PUBLIC WORKS MINIMUM WAGE ACT; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 13-4D-2 NMSA 1978 (being Laws 1992, Chapter 74, Section 2) is amended to read:
"13-4D-2. PURPOSE.--The purpose of the Public Works Apprentice and Training Act is to [ensure funding, through contributions made by employers, to] establish an apprenticeship program that will develop skilled building trades craftsmen in occupations required for public works construction in New Mexico, which occupations are recognized by the [bureau of apprenticeship and training] office of apprenticeship of the United States department of labor or the [New Mexico apprenticeship council] workforce solutions department. The [funding will ensure adequate] training [during economic downturns] will increase the number of New Mexicans possessing skills that will enhance their opportunities for employment and maintain the high standards of craftsmanship in [our] the state."
SECTION 2. Section 13-4D-3 NMSA 1978 (being Laws 1992, Chapter 74, Section 3, as amended) is amended to read:
"13-4D-3. DEFINITIONS.--As used in the Public Works Apprentice and Training Act:
A. "approved apprentice and training programs" means building trades apprenticeship and training programs in New Mexico that are recognized by the [bureau of apprenticeship and training] office of apprenticeship of the United States department of labor or the [New Mexico apprenticeship council] workforce solutions department;
[B. "compliance statement" means a monthly record of an employer's contributions paid into an approved apprentice and training program in New Mexico or into the public works apprentice and training fund]; and
[C.] B. "director" or "division" means the labor relations division of the workforce solutions department [and
D. "employer" means a contractor, subcontractor or any person acting as a contractor on a public works project, as that term is defined in the provisions of the Construction Industries Licensing Act]."
SECTION 3. Section 13-4D-4 NMSA 1978 (being Laws 1992, Chapter 74, Section 4) is amended to read:
"13-4D-4. ADMINISTRATION.--
A. The Public Works Apprentice and Training Act shall be administered by [the public works bureau of] the labor [and industrial division of the labor] relations division of the workforce solutions department. The [bureau] division shall [collect employers' contributions in accordance with this act, review employers' compliance statements, review certified payroll reports to verify training contributions, investigate allegations of and impose penalties for employer noncompliance and] disburse funds as provided in Section [5 of the Public Works Apprentice and Training Act.
B. Public works construction projects, except for street, highway, bridge, road, utility or maintenance contracts with employers who elect not to participate in training, shall not be constructed unless an employer agrees to make contributions to approved apprentice and training programs in New Mexico in which the employer is a participant or to the public works apprentice and training fund administered by the public works bureau of the labor and industrial division of the labor department. Contributions shall be made in the same manner and in the same amount as apprentice and training contributions required pursuant to wage rate determinations made by the director] 13-4D-5 NMSA 1978 and shall publish a list of approved apprentice and training programs in New Mexico.
[C.] B. The director shall adopt rules [and regulations] necessary to implement the provisions of the Public Works Apprentice and Training Act."
SECTION 4. Section 13-4D-5 NMSA 1978 (being Laws 1992, Chapter 74, Section 5, as amended) is amended to read:
"13-4D-5. FUND CREATED--DISBURSEMENT OF FUNDS.--There is created the "public works apprentice and training fund" in the labor [and industrial division of the labor] relations division of the workforce solutions department. [Contributions into the fund shall be as provided under the provisions of Section 13-4D-4 NMSA 1978. Funds contributed under the provisions of the Public Works Apprentice and Training Act] The fund shall consist of appropriations, contributions, gifts, grants, donations and bequests made to the fund and all investment and interest income from the fund. Money in the fund shall not revert to the general fund at the end of a fiscal year. The fund shall be distributed in the following manner:
A. no more than fifteen percent of the [funds] fund may be used by [the public works bureau of] the labor [and industrial division of the labor] relations division of the workforce solutions department to hire staff to administer the [funds collected by the division] Public Works Apprentice and Training Act; and
B. the remainder of the [funds] fund shall be used for approved apprentice and training programs in New Mexico. The labor [and industrial division of the labor] relations division of the workforce solutions department shall develop an annual budget and, subject to appropriation by the legislature in the general appropriation act, shall disburse funds to approved apprentice and training programs in New Mexico, taking into account participant contact hours of [classroom] related technical instruction and on-the-job training for the preceding year, to be not less than ninety percent of one hundred forty-four contact hours of [classroom] related technical instruction per participant per school year and not less than one thousand hours of on-the-job training per twelve-month period. Notwithstanding any language in the general appropriation act that otherwise limits budget adjustments, if the fund balance available for disbursement to approved programs exceeds the amount appropriated, pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, the [labor] workforce solutions department may request budget increases up to the excess fund balance for distribution to the programs."
SECTION 5. TEMPORARY PROVISION.--This act shall not
affect a contract existing or a contract that may be entered
into pursuant to invitations for bids that are outstanding
pursuant to the Public Works Minimum Wage Act as of June 30,
2018.
SECTION 6. APPROPRIATION.--One million five hundred thousand dollars ($1,500,000) is appropriated from the general fund to the public works apprentice and training fund for expenditure in fiscal year 2019 and subsequent fiscal years to carry out the purposes of the Public Works Apprentice and Training Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
SECTION 7. DELAYED REPEAL.--Sections 13-4-10 through
13-4-17 NMSA 1978 (being Laws 1963, Chapter 304, Section 1, Laws 2009, Chapter 206, Section 2, Laws 1965, Chapter 35, Sections 1 and 3, Laws 2004, Chapter 89, Section 1, Laws 1965, Chapter 35, Section 4, Laws 2004, Chapter 89, Sections 2 and 3, Laws 1963, Chapter 304, Section 5 and Laws 1937, Chapter 179, Sections 4 and 5, as amended) are repealed effective July 1, 2019.
SECTION 8. REPEAL.--Sections 13-4D-6 through 13-4D-8 NMSA 1978 (being Laws 1992, Chapter 74, Sections 6 through 8) are repealed.
SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.
- 6 -