HOUSE BILL 424

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Christine Trujillo

AN ACT

RELATING TO LABOR; CLARIFYING THE APPOINTIVE AUTHORITY FOR THE APPRENTICESHIP COUNCIL; UPDATING PERSONNEL REFERENCES.

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

     SECTION 1. Section 50-7-3 NMSA 1978 (being Laws 1957, Chapter 219, Section 3, as amended) is amended to read:

     "50-7-3. APPRENTICESHIP COUNCIL.--An "apprenticeship council", hereinafter referred to as the council, shall be appointed by the [director of the labor and industrial division] secretary of [the department of labor] workforce solutions without regard to any other provisions of law regarding the appointment and compensation of employees of the state. It shall consist of three persons known to represent employers, three persons known to represent labor organizations and three public representatives and shall include, as ex-officio members without vote, the [director of the labor and industrial division] secretary of workforce solutions and the [state supervisor of trade and industrial education] secretary of public education or the secretary's designee. Persons appointed to the council [must] shall be familiar with apprenticeable occupations. The terms of office of the members of the council first appointed shall expire as designated by the [director] secretary of workforce solutions at the time of making the appointment: one representative each of employers, labor organizations and the public being appointed for one year; one representative each of employers, labor organizations and the public being appointed for two years; and one representative each of employers, labor organizations and the public being appointed for three years. Thereafter, each member shall be appointed for a term of three years. Any member appointed to fill a vacancy occurring prior to the expiration of the term of [his] the member's predecessor shall be appointed for the remainder of that term. Members of the council not otherwise compensated by public money shall be reimbursed for their official duties in accordance with the Per Diem and Mileage Act for attendance at not in excess of twelve meetings per year."

     SECTION 2. Section 50-7-4.1 NMSA 1978 (being Laws 1979, Chapter 204, Section 12, as amended) is amended to read:

     "50-7-4.1. ADMINISTRATION.--

          A. The [commissioner of labor] secretary of workforce solutions shall appoint a director of apprenticeship to be responsible for effectuating the policies set forth in Section 50-7-1 NMSA 1978, to carry out the policies approved by the apprenticeship council and otherwise to execute the provisions of Chapter 50, Article 7 NMSA 1978. Such appointment shall be subject to confirmation by a majority vote of the council. The [commissioner of labor shall appoint the director and] secretary of workforce solutions shall appoint such additional personnel as may be necessary, subject to such laws and practices as are applicable to appointment, service and compensation of employees of the state.

          B. Under the general direction of the [commissioner of labor] secretary of workforce solutions, the director of apprenticeship in furtherance of the duties specified shall:

                [A.] (1) encourage the voluntary participation of employers and employees in the furtherance of the objectives of Chapter 50, Article 7 NMSA 1978;

                [B.] (2) devise necessary procedures and records;

                [C.] (3) prepare statistical reports regarding apprenticeship;

                [D.] (4) issue information related to apprenticeship; and

                [E.] (5) perform such other duties as are necessary to carry out the intent of Chapter 50, Article 7 NMSA 1978."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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