HB0029

HOUSE BILL 29

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

INTRODUCED BY

Patricia A. Lundstrom and Carlos R. Cisneros

FOR THE GOVERNMENT RESTRUCTURING TASK FORCE

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; CREATING THE COMMERCE DEPARTMENT; REPLACING THE ECONOMIC DEVELOPMENT DEPARTMENT, THE TOURISM DEPARTMENT AND THE WORKFORCE SOLUTIONS DEPARTMENT; PROVIDING POWERS AND DUTIES; ELIMINATING OR ADMINISTRATIVELY ATTACHING CERTAIN AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS AND COMMITTEES; PROVIDING FOR SUNSETS OF ADMINISTRATIVELY ATTACHED AGENCIES; TRANSFERRING FUNCTIONS, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 26 of this act may be cited as the "Commerce Department Act".

SECTION 2. [NEW MATERIAL] PURPOSE.--The purpose of the Commerce Department Act is to establish a single, unified department to administer laws and exercise functions formerly administered and exercised by the economic development department, the tourism department and the workforce solutions department.

SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Commerce Department Act:

A. "department" means the commerce department; and

B. "secretary" means the secretary of commerce.

SECTION 4. [NEW MATERIAL] DEPARTMENT CREATED--ORGANIZATIONAL UNITS.--

A. The "commerce department" is created as a cabinet department and includes the following organizational units:

(1) office of the secretary;

(2) administrative services division, including:

(a) economic research and analysis bureau; and

(b) information technology bureau;

(3) economic development division, including:

(a) international trade bureau;

(b) marketing bureau;

(d) enterprise development bureau;

(4) labor relations division, including:

(a) human rights bureau;

(b) apprenticeship bureau; and

(5) tourism development division, including:

(a) New Mexico magazine bureau; and

(b) welcome centers bureau; and

(6) work force transition services division.

B. The secretary may establish, merge or eliminate organizational units of the department for better efficiency and effectiveness, but a reorganization of statutory divisions or bureaus shall be reported to the next regular session of the legislature.

SECTION 5. [NEW MATERIAL] ADMINISTRATIVELY ATTACHED AGENCIES.--

A. The following boards, commissions, committees, administrations, authorities and councils are administratively attached agencies of the department:

(1) apprenticeship council;

(2) economic development and tourism commission;

(3) human rights commission;

(4) labor and industrial commission;

(5) New Mexico-Chihuahua commission;

(6) New Mexico-Sonora commission;

(7) spaceport authority;

(8) state fair commission;

(9) workers' compensation administration; and

(10) state workforce development board.

B. The department shall provide administrative services to administratively attached agencies.

SECTION 6. [NEW MATERIAL] SECRETARY OF COMMERCE.--The chief executive and administrative officer of the department is the "secretary of commerce". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold that office at the pleasure of the governor and shall serve in the executive cabinet.

SECTION 7. [NEW MATERIAL] SECRETARY--DUTIES AND GENERAL POWERS.--

A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which the secretary or the department is charged.

B. To perform the secretary's duties, the secretary has every power expressly enumerated in the laws, whether granted to the secretary or the department or any division of the department, except when authority conferred upon any division is explicity exempted from the secretary's authority by statute. In accordance with these provisions, the secretary shall:

(1) except as otherwise provided in the Commerce Department Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and rules;

(2) delegate authority to subordinates as the secretary deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;

(3) organize the department into those organizational units that the secretary deems will enable it to function most efficiently;

(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge the secretary's duties;

(5) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law for whose administration or execution the secretary is responsible and to enforce those orders and instructions by appropriate administrative action in the courts;

(6) conduct research and studies that will improve the operations of the department and the provision of services to the residents of the state;

(7) provide for courses of instruction and practical training for employees of the department and other persons involved in the administration of programs, with the objective of improving the operations and efficiency of administration;

(8) prepare an annual budget of the department based on the five-year economic development and tourism plans;

(9) provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies; and

(10) appoint a "director" for each division. These appointed positions are exempt from the provisions of the Personnel Act. Persons appointed to these positions shall serve at the pleasure of the secretary.

C. The secretary may apply for and receive in the name of the department any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.

D. The secretary may make and adopt such reasonable procedural rules as may be necessary to carry out the duties of the department and its divisions. No rule promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the secretary, unless otherwise provided by statute. Unless otherwise provided by statute, no rule affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, 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 rule or proposed amendment or repeal of an existing rule 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 rules shall be filed in accordance with the State Rules Act.

SECTION 8. [NEW MATERIAL] BUREAUS--CHIEFS.--The secretary shall establish with each division such "bureaus" as deemed necessary to carry out the provisions of the Commerce Department Act. The secretary shall employ a "chief" to be the administrative head of each bureau. The chief and all subsidiary employees of the department shall be covered by the Personnel Act unless otherwise provided by law.

SECTION 9. [NEW MATERIAL] ORGANIZATIONAL UNITS OF DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, and the secretary shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 7 of the Commerce Department Act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law. Any information obtained by the department that is proprietary technical information or related to the possible relocation or expansion of a business shall be deemed confidential and withheld from inspection pursuant to the Inspection of Public Records Act.

SECTION 10. [NEW MATERIAL] COOPERATION WITH FEDERAL GOVERNMENT--AUTHORITY OF SECRETARY--SINGLE STATE AGENCY STATUS.--

A. The department is authorized to cooperate with the federal government in the administration of employment, training and public assistance programs under the jurisdiction of the department in which financial or other participation by the federal government is authorized or mandated under federal laws, regulations, rules or orders. The secretary may enter into agreements with agencies of the federal government to implement employment, training and public assistance programs subject to availability of appropriated state funds and any provisions of state laws applicable to such agreements or participation by the state.

B. The governor or the secretary may designate the department or any organizational unit of the department as the single state agency for the administration of any employment, training or public assistance program related to employment, either by the governor's or the secretary's own discretion or when such designation is a condition of federal financial or other participation in the program under applicable federal law, regulation, rule or order. No designation of a single state agency under the authority granted in this section shall be made in contravention of state law.

SECTION 11. [NEW MATERIAL] ECONOMIC DEVELOPMENT AND TOURISM COMMISSION CREATED--MEMBERSHIP--ADMINISTRATIVELY ATTACHED TO THE DEPARTMENT--POWERS AND DUTIES.--

A. The "economic development and tourism commission" is created and is administratively attached to the department. The department shall provide administrative support for the commission. The commission is a planning commission that provides advice to the department on policy matters. The commission is responsible for the annual approval and update of the state's five-year economic development and tourism plans.

B. The commission consists of fifteen members who shall be qualified electors of the state, no more than eight of whom at the time of their appointment shall be members of the same political party and at least two of whom shall be Native American. Members shall be appointed by the governor and confirmed by the senate. Seven members shall be appointed from their respective planning districts, three members shall be appointed from their respective congressional districts, two members shall be Native American and represent the interests of Indian nations, tribes and pueblos and three members shall represent the public at large. Appointments shall be made for staggered five-year terms expiring on January 1 of the appropriate year. The governor shall determine the terms at the time of initial appointments. A vacancy on the commission shall be filled by appointment by the governor in the same manner as the original appointment for the unexpired term.

C. Annually, the governor shall designate a chair of the commission from among the members. The commission shall meet at the call of the chair, not less than once each calendar quarter, and shall invite representatives of appropriate legislative committees, other state agencies and interested persons to its meetings for the purpose of information exchange and coordination.

D. Commission members shall not vote by proxy. A majority of the members constitutes a quorum for the conduct of business.

E. Members of the commission shall not be removed except for cause.

F. Commission members are entitled to receive reimbursement for per diem and mileage as provided in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance.

G. The commission shall:

(1) develop and recommend policies and provide policy and program guidance for the department;

(2) review, modify and approve annual updates to the state's five-year economic development and tourism plans generated by the department;

(3) advise, assist and promote the department on matters relating to economic development, tourism, tribal tourism, technology, technology-based new business development and technology commercialization projects, including small business needs;

(4) review federal technology-based programs requiring state matching funds and authorize any expenditure or pledge of the state match fund for such programs; and

(5) establish such rules for its own operations as are necessary to achieve the purposes of the Commerce Department Act. Rules of the commission shall be adopted in the same procedural manner as rules of the department are adopted and shall be filed in accordance with the State Rules Act.

H. The commission is terminated July 1, 2015 pursuant to the provisions of the Sunset Act unless continued by law. The provisions of that act notwithstanding, there is no wind-up period for the commission.

SECTION 12. [NEW MATERIAL] ADDITIONAL ECONOMIC DEVELOPMENT DUTIES.--The department shall:

A. provide a coordinated statewide perspective with regard to economic development activities;

B. work with and provide staff support to the economic development and tourism commission in formulating and implementing the state's five-year economic development plan;

C. maintain and update records on the status of all completed and ongoing economic development projects of the department;

D. develop, maintain and provide economic and demographic information to the governor, the legislature, other state agencies and local governments;

E. serve as lead agency in coordination of the census program at the state data center;

F. provide a database for local and regional economic development groups and serve as a comprehensive source of information and assistance to businesses wishing to locate or expand in New Mexico;

G. actively encourage new economic enterprises to locate in New Mexico and assist existing businesses to expand;

H. monitor the progress of state-supported economic development activities and prepare annual reports of those activities and their status and impact;

I. create and encourage methods designed to provide rapid economic diversification development that will create new employment opportunities for the residents of the state, including the issuance of grants and loans to municipalities and counties for economic enhancement projects;

J. provide for technology commercialization projects as an incentive to industry locating or expanding in the state;

K. support technology transfer programs;

L. promote New Mexico as a technology conference center;

M. promote and market federal and state technology commercialization programs;

N. develop and implement enhanced statewide procurement programs;

O. provide support and assistance in the creation and operation of development finance mechanisms such as business development corporations to ensure capital availability for business expansion and economic diversification; and

P. serve as the lead agency in coordination of the census program at the state data center.

SECTION 13. [NEW MATERIAL] ADDITIONAL TOURISM PROMOTION DUTIES.--The department shall:

A. provide a coordinated statewide perspective with regard to tourism activities;

B. work with and provide staff support to the economic development and tourism commission in formulating and implementing the state's five-year tourism plan;

C. provide a database for local and regional tourism groups and serve as a comprehensive source of information and assistance to tourism-related businesses wishing to locate, expand or do business in New Mexico;

D. monitor the progress of state-supported tourism activities and prepare annual reports of those activities and their status and impact; and

E. maintain and update records on the status of all completed and ongoing tourism-related projects of the department.

SECTION 14. [NEW MATERIAL] ADDITIONAL DUTIES--INDIAN ARTS, CRAFTS AND CULTURE--PROMOTION.--The department shall:

A. encourage the preservation and development of Indian arts and crafts among the Indian nations, tribes and pueblos of the state to increase the knowledge and appreciation of those arts and crafts;

B. encourage the preservation of traditional rites and ceremonials of Indian nations, tribes and pueblos to increase knowledge and appreciation of those rites and ceremonials; and

C. promote the intertribal ceremonial.

SECTION 15. [NEW MATERIAL] ADDITIONAL DUTIES--DEFENSE CONVERSION TECHNOLOGY AND OTHER TECHNOLOGY.--

A. The department is the lead agency to promote defense conversion technology, to coordinate the transfer of defense technology and other technology from federal, state and local government facilities to private sector industries and to promote private-public partnership and business development programs. The department shall coordinate or accept federal and state funds appropriated for conversion of defense technologies and to coordinate technology transfer in accordance with the state's technology development plan.

B. The department may contract with appropriate partnership intermediaries to assist in the coordination of defense conversion duties.

C. The department shall:

(1) oversee the activities of the manufacturing productivity center and manufacturing extension programs;

(2) coordinate the activities of small business incubators to encourage the development and viability of technology spin-off companies in the private sector;

(3) coordinate appropriate divisions in the department to provide technology export assistance;

(4) coordinate small business development and assistance programs for new and existing businesses;

(5) work with appropriate entities to identify sources of funding for capital expenditure programs and initial venture programs;

(6) coordinate the development of regional technology clusters; and

(7) provide support and coordination assistance as deemed necessary by the economic development and tourism commission and the secretary to assist the state in developing defense conversion industries.

SECTION 16. [NEW MATERIAL] DEPARTMENT COOPERATION WITH LOCAL AND REGIONAL ECONOMIC DEVELOPMENT AGENCIES.--The department shall cooperate with local and regional development agencies, including:

A. coordinating activities of the department and local or regional development agencies;

B. assisting in gathering information on local and regional assets;

C. assisting in the establishment of procedures for handling potential clients;

D. assisting in the development of a plan for the expansion of the local or regional economic base;

E. assisting in marketing the benefits of local communities by providing matching funds through the state cooperative advertising program, which shall include as eligible expenses travel and related costs to attract new business investment into the communities;

F. assisting in the establishment of programs to attract new labor forces or to train local labor forces; and

G. identifying barriers to local or regional economic development and developing plans to overcome such barriers.

SECTION 17. [NEW MATERIAL] ADMINISTRATIVE SERVICES DIVISION.--

A. The administrative services division shall provide administrative services to the department, including:

(1) keeping all official records of the department and administratively attached agencies;

(2) providing personnel administration, financial management, procurement and budget preparation services for the department and administratively attached agencies; and

(3) performing economic research and analysis for the department and the economic development and tourism commission.

B. The division shall, in addition to its other duties, administer programs and grants that have been assigned generally to the department by the governor or the economic development and tourism commission or by statute.

SECTION 18. [NEW MATERIAL] TOURISM ENTERPRISE FUND--CREATED--ADMINISTRATION.--The "tourism enterprise fund" is created as a nonreverting fund in the state treasury. Money appropriated to the fund or accruing to it through sales of souvenirs and sundries at visitor centers, web-site-related sales, television special program rights, gifts, grants, fees, bequests or any other source shall be delivered to the state treasurer and deposited in the fund. The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the duties of the department. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of commerce.

SECTION 19. [NEW MATERIAL] ECONOMIC DEVELOPMENT DIVISION.--

A. The economic development division shall:

(1) enhance the business climate to encourage the start-up, relocation, development and growth of technology- based industry in New Mexico;

(2) promote an expanded, diversified technology-based economy, emphasizing areas that:

(a) derive from the state's technological strengths;

(b) provide a commercial advantage; and

(3) support in-state industries and attract new industries to New Mexico;

(4) formulate and submit to the economic development and tourism commission a five-year state technology development plan;

(5) develop agreements with federal research, development, testing and evaluating organizations and universities to facilitate the transfer and commercialization of technology;

(6) recommend to the secretary proposed projects and contracts in accordance with the policies, procedures and guidelines established by the department;

(7) subject to the approval of the secretary, apply for and accept any federal funds or grants and private donations;

(8) develop requests for proposals in technology commercialization areas given priority in the state's economic development and tourism plans; receive and refer with commentary to the secretary proposals submitted in response to requests for proposals; confer with research investigators to assist them when needed; monitor progress on state-funded research and development projects; maintain contact with research and development offices of universities, federal laboratories and private research operations; and receive reports of individual projects;

(9) prepare an annual report on:

(a) the status of ongoing research and development projects;

(b) the results obtained from completed projects and the dissemination of those results; and

(10) maintain and update records on the status of all completed and ongoing projects;

(11) request from each entity under contract with the division a detailed description of tasks and associated budgets for review and approval by the economic development and tourism commission; and

(12) perform such other duties as assigned by the secretary.

B. Any information obtained by the economic development division that is deemed by the director and the secretary to be proprietary technical or business information shall be held in confidence. Proprietary technical or business information shall not be deemed a public record under the Public Records Act or be open to inspection under Section 14-2-1 NMSA 1978. The economic development division shall take such steps as are necessary to safeguard the confidentiality of the information.

C. Notwithstanding Sections 10-15-1 through 10-15-4 NMSA 1978 or any other law requiring meetings of public bodies to be open to the public, meetings of the economic development and tourism commission shall be closed when proprietary technical or business information is discussed.

SECTION 20. [NEW MATERIAL] ENTERPRISE DEVELOPMENT BUREAU DUTIES--BUSINESS INCUBATORS.--

A. The enterprise development bureau of the economic development division shall:

(1) provide information and assistance to businesses wishing to relocate to New Mexico or to expand within New Mexico by providing a centralized information service and assistance center;

(2) develop and maintain a comprehensive statewide business information database and referral service;

(3) establish a mechanism for advertising the existence of the bureau and its referral service;

(4) provide professional assistance and information regarding licensing, permitting and taxation procedures; and

(5) establish a reporting procedure to monitor the success of the referral service.

B. Business incubators receiving state funds shall be required to pass a state incubator certification program administered by the bureau. The bureau shall certify business incubators that submit documentation to the bureau that the incubator has:

(1) a mission statement that defines the incubator's role to assist entrepreneurs and support the growth of businesses;

(2) a formal feasibility study indicating an appropriate market and local community support and a business plan;

(3) an effective governing board or an appropriate oversight advisory board committed to the incubator's mission;

(4) qualified management and staff to achieve the mission of the incubator and to help businesses;

(5) an ongoing business assistance program that places the greatest value on client assistance and adds value to client businesses by developing programs and coordinating activities such as:

(a) technical assistance and consulting;

(b) coaching and mentoring, business training workshops and seminars;

(d) fostering networking opportunities and links with other business service providers; and

(e) providing assistance in obtaining financing;

(6) a facility that encourages innovation and provides dedicated space for incubator client firms with flexible leases and that includes a common area meeting space and business equipment;

(7) a process for client businesses that involves a screening and selection process and graduation policy for client companies;

(8) a system for program evaluation;

(9) all applicable required licenses and permits and a functional accounting system; and

(10) membership in the national business incubation association.

SECTION 21. [NEW MATERIAL] ARTISANS BUSINESS DEVELOPMENT PROGRAM--FUND CREATED.--

A. The "New Mexico artisans business development program" is created within the economic development division to promote, in conjunction with the arts division of the cultural affairs department, the New Mexico artisans industry by establishing a greater demand for New Mexico artisans' wares and by providing technical and marketing assistance to New Mexico artisans. The purposes of the program include:

(1) educational workshops and seminars in cooperation with the small business development centers for artisans to assist the centers in the development of their businesses and marketing of their wares;

(2) an assessment of a full range of marketing strategies for artisan wares and relating those wares to target markets;

(3) production of a promotional brochure of New Mexico artisans and their products;

(4) development and publishing of a marketing catalog of New Mexico artisans;

(5) establishment of a network of state and national distribution points and gift and trade shows for the promotion and export of New Mexico artisans' wares;

(6) development of a state and national marketing and exhibitions calendar;

(7) participation in state and national promotional shows by New Mexico artisans; and

(8) development of a marketing network with private-sector distributors, catalog producers and retailers.

B. The "New Mexico artisans business development fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. The fund shall be administered by the enterprise development bureau, and expenditures may be made from the fund on warrants issued by the secretary of finance and administration pursuant to vouchers signed by the secretary of commerce and economic development to carry out the purposes of the New Mexico artisans business development program.

SECTION 22. [NEW MATERIAL] TECHNOLOGY-BASED PROPOSALS--STATE MATCH FUND--CREATED.--

A. The "state match fund" is created in the state treasury. Money in the fund is appropriated to the department to provide a pool of matching funds for technology-based proposals submitted to the federal government on behalf of the state. Money in the fund shall only be expended upon review and approval of the economic development and tourism commission.

B. No money in the fund appropriated to it or accruing to it in any manner shall be transferred to another fund or encumbered or dispersed in any manner except for the purposes set forth in this section. Disbursements from the fund shall only be made upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of commerce or the secretary's authorized representative.

SECTION 23. [NEW MATERIAL] INTERNATIONAL TRADE BUREAU DUTIES.--The international trade bureau is responsible for conducting and coordinating the state's relations with other countries and promoting New Mexico and its products and services. The bureau shall:

A. coordinate activities of the department and other state agencies as those activities relate to improving New Mexico's relations and trade with other countries;

B. promote New Mexico to international investors;

C. promote New Mexico products and services to potential international consumers;

D. establish a central registry for New Mexico products and services;

E. develop, maintain and use a database of potential domestic and international investors and consumers for New Mexico and its products and services;

F. foster, coordinate and support private efforts in the promotion of New Mexico and its businesses, products and services to consumers in other countries; and

G. work with persons outside of state government to formulate a trade promotion plan for inclusion in the department's five-year economic development and tourism plans.

SECTION 24. [NEW MATERIAL] MEXICAN TRADE--INTERNATIONAL TRADE BUREAU DUTIES.--The international trade bureau is responsible for:

A. conducting and coordinating the state's relations with the Republic of Mexico and the state of Chihuahua;

B. promoting New Mexico products and services in Mexico;

C. coordinating activities of the department, the cultural affairs department, the department of transportation, the department of health, the department of environment, the department of public safety, the New Mexico-Chihuahua commission and the joint border research institute at New Mexico state university as those activities relate to improving New Mexico-Mexico relations and trade and encouraging or funding appropriate border development;

D. establishing and annually updating the New Mexico trade registry of New Mexico businesses and the products and services they offer to consumers; and

E. providing periodic reports to the New Mexico finance authority oversight committee on its activities and the activities of the state pertaining to New Mexico-Mexico relations, trade and border development.

SECTION 25. [NEW MATERIAL] MINORITY BUSINESS ASSISTANCE--ECONOMIC DEVELOPMENT DIVISION DUTIES.--

A. As used in this section, "minority business" means a business, with its principal place of business in New Mexico:

(1) the majority ownership of which is held by persons who are residents of New Mexico and who are African Americans, Hispanic Americans, Asian Americans or Native Americans; and

(2) that employs twenty or fewer people.

B. The economic development division shall develop and implement a minority business assistance program to facilitate the entrance of minority businesses, located throughout the state, into the marketplace. As part of the development and implementation of the program, the division shall:

(1) develop a process to define and identify minority businesses that may benefit from additional assistance and training in the areas of general business practices, accounting principles, business ethics, technical expertise, marketing and government procurement;

(2) develop a registry of well-established businesses, persons within those businesses, retirees and other persons that have the expertise and skills that may be needed by minority businesses and that have expressed a desire to volunteer as a mentor or otherwise to assist minority businesses;

(3) develop an outreach and marketing program so that minority businesses may become aware of the assistance available and so that needed, experienced persons are aware of the opportunity to mentor and assist minority businesses;

(4) develop training materials and in-house training expertise; and

(5) create a mentorship program in which employees or agents of the division or department or volunteers with business experience will visit minority businesses for the purpose of training, mentoring, advising and otherwise assisting the minority businesses in the development or improvement of general business practices, accounting principles, business ethics, technical expertise, marketing and government procurement.

C. In performing its duties pursuant to this section, the division may:

(1) to the extent money has been appropriated for such purposes, develop a grant program for minority businesses to acquire the expertise necessary to compete effectively; and

(2) do all other things necessary and proper to effectuate the purpose of this section.

D. All state agencies shall cooperate with the division in carrying out the provisions of this section and shall, as the opportunity arises, assist minority businesses and encourage other businesses and persons to register as volunteers pursuant to this section.

SECTION 26. [NEW MATERIAL] MINORITY BUSINESS ASSISTANCE FUND--CREATED.--The "minority business assistance fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations, bequests and income from investment of the fund. Money in the fund is subject to appropriation by the legislature to the department for the purposes of carrying out the provisions of Section 25 of the Commerce Department Act. Disbursements from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of commerce or the secretary's designee.

SECTION 27. Section 3-60B-4 NMSA 1978 (being Laws 1985, Chapter 88, Section 4, as amended) is amended to read:

"3-60B-4. MAIN STREET PROGRAM--CREATED--COORDINATOR--POWERS AND DUTIES.--

A. [There is created] The "main street program" is created in the [economic development] commerce department. The secretary of [the economic development department] commerce shall employ a "coordinator" to oversee the program.

B. The coordinator shall:

(1) carry out state responsibilities pursuant to contract with the national main street center of the national trust for historic preservation;

(2) coordinate activities of the program in consultation with the historic preservation division of the [office of] cultural affairs department;

(3) advise the New Mexico community development council on the development of criteria for requests for proposals and selection of local government grantees for the program to be funded through community development block grants;

(4) monitor the progress of main street projects;

(5) assist local main street project managers; and

(6) perform other duties necessary to carry out the provisions of the Main Street Act."

SECTION 28. Section 3-60C-4 NMSA 1978 (being Laws 2007, Chapter 103, Section 4, as amended) is amended to read:

"3-60C-4. MAIN STREET REVOLVING LOAN COMMITTEE--COMMITTEE AND DIVISION DUTIES.--

A. The "main street revolving loan committee" is created, consisting of six members as follows:

(1) the director of the division or the director's designee;

(2) the coordinator of the main street program under the Main Street Act or the coordinator's designee;

(3) the chair of the cultural properties review committee or the chair's designee;

(4) the director of the local government division of the department of finance and administration or the director's designee;

(5) a member appointed by the governor with expertise in small loans; and

(6) the chair of the board of directors of friends of New Mexico mainstreet, inc., or the chair's designee.

B. [Public] Members of the committee shall not [be paid but shall be reimbursed for] receive per diem and mileage [pursuant to the Per Diem and Mileage Act] or other compensation for their services.

C. The committee shall:

(1) elect a chair and such other officers as it deems necessary;

(2) meet at the call of the chair but no less than four times per year;

(3) by rule establish eligibility criteria for properties and owners, establish procedures to govern the application outreach and marketing of the loan program and promulgate such other rules as are necessary to carry out the provisions of the Main Street Revolving Loan Act;

(4) after considering the recommendations of the division, make awards of loans or loan subsidies; and

(5) approve expenditures by the division for marketing, managing and administering the loan program.

D. A member of the committee may participate in a meeting of the committee by means of a conference telephone or other similar communications equipment as provided in the Open Meetings Act. Participation by conference telephone or other similar communications equipment shall constitute presence in person at a meeting.

E. The division shall:

(1) review applications for loans and loan subsidies and make recommendations to the committee;

(2) administer all loans and loan subsidies;

(3) serve as staff to the committee; and

(4) report annually to the governor, the legislative finance committee and the legislature on loans made, loan payments received and all other activities conducted pursuant to the Main Street Revolving Loan Act."

SECTION 29. Section 5-10-1 NMSA 1978 (being Laws 1993, Chapter 297, Section 1) is amended to read:

"5-10-1. SHORT TITLE.--[This act] Chapter 5, Article 10 NMSA 1978 may be cited as the "Local Economic Development Act"."

SECTION 30. Section 5-10-3 NMSA 1978 (being Laws 1993, Chapter 297, Section 3, as amended) is amended to read:

"5-10-3. DEFINITIONS.--As used in the Local Economic Development Act:

A. "arts and cultural district" means a developed district of public and private uses that is created pursuant to the Arts and Cultural District Act;

B. "cultural facility" means a facility that is owned by the state, a county, a municipality or a qualifying entity that serves the public through preserving, educating and promoting the arts and culture of a particular locale, including theaters, museums, libraries, galleries, cultural compounds, educational organizations, performing arts venues and organizations, fine arts organizations, studios and media laboratories and live-work housing facilities;

C. "department" means the [economic development] commerce department;

D. "economic development project" or "project" means the provision of direct or indirect assistance to a qualifying entity by a local or regional government and includes the purchase, lease, grant, construction, reconstruction, improvement or other acquisition or conveyance of land, buildings or other infrastructure; public works improvements essential to the location or expansion of a qualifying entity; payments for professional services contracts necessary for local or regional governments to implement a plan or project; the provision of direct loans or grants for land, buildings or infrastructure; technical assistance to cultural facilities; loan guarantees securing the cost of land, buildings or infrastructure in an amount not to exceed the revenue that may be derived from the municipal infrastructure gross receipts tax or the county infrastructure gross receipts tax; grants for public works infrastructure improvements essential to the location or expansion of a qualifying entity; grants or subsidies to cultural facilities; purchase of land for a publicly held industrial park or a publicly owned cultural facility; and the construction of a building for use by a qualifying entity;

E. "governing body" means the city council, city commission or board of trustees of a municipality or the board of county commissioners of a county;

F. "local government" means a municipality or county;

G. "municipality" means an incorporated city, town or village;

H. "person" means an individual, corporation, association, partnership or other legal entity;

I. "qualifying entity" means a corporation, limited liability company, partnership, joint venture, syndicate, association or other person that is one or a combination of two or more of the following:

(1) an industry for the manufacturing, processing or assembling of agricultural or manufactured products;

(2) a commercial enterprise for storing, warehousing, distributing or selling products of agriculture, mining or industry, but, other than as provided in Paragraph (5) or (6) of this subsection, not including any enterprise for sale of goods or commodities at retail or for distribution to the public of electricity, gas, water or telephone or other services commonly classified as public utilities;

(3) a business in which all or part of the activities of the business involves the supplying of services to the general public or to governmental agencies or to a specific industry or customer, but, other than as provided in Paragraph (5) of this subsection, not including businesses primarily engaged in the sale of goods or commodities at retail;

(4) an Indian nation, tribe or pueblo or a federally chartered tribal corporation;

(5) a telecommunications sales enterprise that makes the majority of its sales to persons outside New Mexico;

(6) a facility for the direct sales by growers of agricultural products, commonly known as farmers' markets;

(7) a business that is the developer of a metropolitan redevelopment project; and

(8) a cultural facility; and

J. "regional government" means any combination of municipalities and counties that enter into a joint powers agreement to provide for economic development projects pursuant to a plan adopted by all parties to the joint powers agreement."

SECTION 31. Section 6-21-31 NMSA 1978 (being Laws 1992, Chapter 61, Section 31) is amended to read:

"6-21-31. POWERS AND DUTIES.--The New Mexico finance authority oversight committee shall:

A. monitor and oversee the operation of the New Mexico finance authority;

B. meet on a regular basis to receive and review reports from the authority on implementation of the provisions of the New Mexico Finance Authority Act and to review and approve [regulations] rules proposed for adoption pursuant to that act;

C. monitor and provide assistance and advice on the public project financing program of the New Mexico finance authority;

D. oversee and monitor state and local government capital planning and financing and take testimony from state and local officials on state and local capital needs;

E. provide advice and assistance to the New Mexico finance authority and cooperate with the executive branch of state government and local governments on planning, setting priorities for and financing of state and local capital projects;

F. undertake an ongoing examination of the statutes, constitutional provisions, regulations and court decisions governing state and local government capital financing in New Mexico; [and]

G. monitor and provide advice and assistance on border economic development activities, particularly state and local government capital planning and financing of border and port-of-entry capital projects; and

[G.] H. report its findings and recommendations, including recommended legislation or necessary changes, to the governor and to each session of the legislature. The report and proposed legislation shall be made available on or before December 15 each year."

SECTION 32. Section 6-25-3 NMSA 1978 (being Laws 2003, Chapter 349, Section 3, as amended) is amended to read:

"6-25-3. DEFINITIONS.--As used in the Statewide Economic Development Finance Act:

A. "authority" means the New Mexico finance authority;

B. "department" means the [economic development] commerce department;

C. "community development entity" means an entity designed to take advantage of the federal new markets tax credit program;

D. "economic development assistance provisions" means the economic development assistance provisions of Subsection D of Article 9, Section 14 of the constitution of New Mexico;

E. "project revenue bonds" means bonds, notes or other instruments authorized in Section 6-25-7 NMSA 1978 and issued by the authority pursuant to the Statewide Economic Development Finance Act on behalf of eligible entities;

F. "economic development goal" means:

(1) assistance to rural and underserved areas designed to increase business activity;

(2) retention and expansion of existing business enterprises;

(3) attraction of new business enterprises; or

(4) creation and promotion of an environment suitable for the support of start-up and emerging business enterprises within the state;

G. "economic development revolving fund bonds" means bonds, notes or other instruments payable from the fund and issued by the authority pursuant to the Statewide Economic Development Finance Act;

H. "eligible entity" means a for-profit or not-for-profit business enterprise, including a corporation, limited liability company, partnership or other entity, determined by the department to be engaged in an enterprise that serves an economic development goal and is suitable for financing assistance;

I. "federal new markets tax credit program" means the tax credit program codified as Section 45D of the Internal Revenue Code, as that section may be amended or renumbered, and regulations issued pursuant to that section;

J. "financing assistance" means project revenue bonds, loans, loan participations or loan guarantees provided by the authority to or for eligible entities pursuant to the Statewide Economic Development Finance Act;

K. "fund" means the economic development revolving fund;

L. "mortgage" means a mortgage, deed of trust or pledge of any assets as a collateral security;

M. "opt-in agreement" means an agreement entered into between the department and a qualifying county, a school district and, if applicable, a qualifying municipality that provides for county, school district and, if applicable, municipal approval of a project, subject to compliance with all local zoning, permitting and other land use rules, and for payments in lieu of taxes to the qualifying county, school district and, if applicable, qualifying municipality as provided by the Statewide Economic Development Finance Act;

N. "payment in lieu of taxes" means the total annual payment, including any state in-lieu payment, paid as compensation for the tax impact of a project, in an amount negotiated and determined in the opt-in agreement between the department and the qualifying county, the school district and, if applicable, the qualifying municipality, which payment shall be distributed to the county, municipality and school district in the same proportion as property tax revenues are normally distributed to those recipients;

O. "standard project" means land, buildings, improvements, machinery and equipment, operating capital and other personal property for which financing assistance is provided for adequate consideration, taking into account the anticipated quantifiable benefits of the standard project, for use by an eligible entity as:

(1) industrial or manufacturing facilities;

(2) commercial facilities, including facilities for wholesale sales and services;

(3) health care facilities, including hospitals, clinics, laboratory facilities and related office facilities;

(4) educational facilities, including schools;

(5) arts, entertainment or cultural facilities, including museums, theaters, arenas or assembly halls; and

(6) recreational and tourism facilities, including parks, pools, trails, open space and equestrian facilities;

P. "project" means a standard project or a state project;

Q. "qualifying municipality or county" means a municipality or county that enters into an opt-in agreement;

R. "quantifiable benefits" means a project's advancement of an economic development goal as measured by a variety of factors, including:

(1) the benefits an eligible entity contracts to provide, such as local hiring quotas, job training commitments and installation of public facilities or infrastructure; and

(2) other benefits such as the total number of direct and indirect jobs created by the project, total amount of annual salaries to be paid as a result of the project, total gross receipts and occupancy tax collections, total property tax collections, total state corporate and personal income tax collections and other fee and revenue collections resulting from the project;

S. "school district" means a school district where a project is located that is exempt from property taxes pursuant to the Statewide Economic Development Finance Act;

T. "state in-lieu payment" means an annual payment, in an amount determined by the department, that will be distributed to a qualifying county, a school district and, if applicable, a qualifying municipality in the same proportion as property tax revenues are normally distributed to those recipients;

U. "state project" means land, buildings or infrastructure for facilities to support new or expanding eligible entities for which financing assistance is provided pursuant to the economic development assistance provisions; and

V. "tax impact of a project" means the annual reduction in property tax revenue to affected property tax revenue recipients directly resulting from the conveyance of a project to the department."

SECTION 33. Section 12-13A-1 NMSA 1978 (being Laws 2003, Chapter 9, Section 1) is amended to read:

"12-13A-1. SHORT TITLE.--[This act] Chapter 12, Article 13A NMSA 1978 may be cited as the "New Mexico-Chihuahua Commission Act"."

SECTION 34. Section 12-13A-4 NMSA 1978 (being Laws 2003, Chapter 9, Section 4) is amended to read:

"12-13A-4. NEW MEXICO-CHIHUAHUA COMMISSION CREATED--MEMBERS--ADMINISTRATION.--

A. The "New Mexico-Chihuahua commission" is created and is administratively attached to the [economic development] commerce department.

B. The members of the commission representing New Mexico shall be:

(1) the governor of New Mexico;

(2) the secretary of [economic development] commerce;

[(3) the secretary of tourism;

(4)] (3) other state officials as assigned by the governor; and

[(5)] (4) no more than ten members of the public appointed by the governor of New Mexico.

C. The members of the commission representing Chihuahua shall be appointed or assigned according to the customary procedure of the executive branch of the government of that state.

D. The [economic development] commerce department shall provide administrative assistance to the commission as needed.

E. The [economic development] commerce department shall keep records of commission proceedings.

F. The co-chairs of the commission shall be the governors of New Mexico and Chihuahua.

G. Meetings of the commission shall be at the call of the co-chairs or pursuant to the request of a majority of the members of the commission.

H. Terms for public members of the commission appointed by the governor of New Mexico shall be for two years with reappointment to additional terms at the discretion of the governor.

I. A vacancy in a term of a commission member representing New Mexico shall be filled by appointment by the governor of New Mexico for the remainder of the term of the position vacated.

J. The public members of the commission appointed by the governor of New Mexico shall not receive per diem and mileage [pursuant to the Per Diem and Mileage Act] or other compensation for performance of official duties required by the commission [and shall receive no other compensation, perquisite or allowance]."

SECTION 35. Section 12-13B-1 NMSA 1978 (being Laws 2009, Chapter 108, Section 1) is amended to read:

"12-13B-1. SHORT TITLE.--[This act] Chapter 12, Article 13B NMSA 1978 may be cited as the "New Mexico-Sonora Commission Act"."

SECTION 36. Section 12-13B-3 NMSA 1978 (being Laws 2009, Chapter 108, Section 3) is amended to read:

"12-13B-3. NEW MEXICO-SONORA COMMISSION CREATED--MEMBERS--ADMINISTRATION.--

A. The "New Mexico-Sonora commission" is created and is administratively attached to the [economic development] commerce department.

B. The members of the commission representing New Mexico shall be:

(1) the governor of New Mexico;

(2) the secretary of [economic development] commerce;

[(3) the secretary of tourism;

(4)] (3) other state officials as assigned by the governor; and

[(5)] (4) no more than nine members of the public appointed by the governor of New Mexico.

C. The members of the commission representing Sonora shall be appointed or assigned according to regulations and procedures governing commissions in that state.

D. The [economic development] commerce department shall provide administrative assistance to the commission as needed.

E. The [economic development] commerce department shall keep a record of commission proceedings.

F. The co-chairs of the commission shall be the governors of New Mexico and Sonora.

G. Meetings of the commission shall be at the call of the co-chairs or pursuant to the request of a majority of the members of the commission.

H. Terms for public members of the commission appointed by the governor of New Mexico shall be for two years with reappointment to additional terms at the discretion of the governor.

I. A vacancy in a term of a commission member representing New Mexico shall be filled by appointment by the governor of New Mexico for the remainder of the term of the position vacated.

SECTION 37. Section 16-6-5 NMSA 1978 (being Laws 1977, Chapter 245, Section 18, as amended) is amended to read:

"16-6-5. STATE FAIR COMMISSION ADMINISTRATIVELY ATTACHED TO [TOURISM] COMMERCE DEPARTMENT.--The state fair commission is administratively attached [as defined in the Executive Reorganization Act] to the [tourism] commerce department."

SECTION 38. Section 21-2-6 NMSA 1978 (being Laws 1978, Chapter 54, Section 1, as amended) is amended to read:

"21-2-6. STATEWIDE PLANNING--PARTICIPATING AGENCIES AND PERSONS.--

A. The [state commission] higher education department in carrying out its planning activities for post-secondary education shall consult with and invite the active participation of:

(1) representatives of post-secondary educational institutions of the several types enumerated in Paragraph (2) of Subsection A of Section 21-2-2 NMSA 1978;

(2) the public education commission;

(3) the public education department;

(4) representatives of public and private elementary and secondary schools;

(5) the secretary of [labor;

(6) the tourism department] commerce;

[(7)] (6) the apprenticeship council;

[(8) the economic development department;

(9)] (7) the state advisory council on vocational education;

[(10)] (8) the secretary of finance and administration or the secretary's designee;

[(11)] (9) persons familiar with the education needs of persons with a disability and persons disadvantaged by economic, racial or ethnic status;

[(12)] (10) representatives of business, industry, organized labor and agriculture;

[(13)] (11) the general public; and

[(14)] (12) private in-state post-secondary institutions.

B. Whenever the planning activities carried out under the provisions of Section 21-2-5 NMSA 1978 are concerned with the types of post-secondary education enumerated in Subparagraphs (a) through (e) of Paragraph (1) of Subsection A of Section 21-2-2 NMSA 1978, the [state commission] commerce department shall directly involve the public education commission and the public education department in all planning activities."

SECTION 39. Section 21-19-10 NMSA 1978 (being Laws 1983, Chapter 299, Section 4, as amended) is amended to read:

"21-19-10. COMMUNITY DEVELOPMENT ASSISTANCE.--The [economic development] commerce department shall provide assistance to political subdivisions of the state so that they can construct or implement projects necessary to provide services that will encourage the location of industry in the political subdivisions. The department shall, for this purpose, make low-interest loans to political subdivisions of the state with the approval of the economic development and tourism commission and after coordination with the local government division of the department of finance and administration pursuant to the New Mexico Community Assistance Act."

SECTION 40. Section 9-26-14 NMSA 1978 (being Laws 2007, Chapter 200, Section 14) is recompiled in Chapter 21, Article 21A NMSA 1978 and is amended to read:

"DISCLOSURE OF INFORMATION.--To the extent permitted by federal law, upon the written request of a corporation organized pursuant to the Educational Assistance Act, the commerce department shall furnish the last known address and the date of that address of every person certified to the department as being an absent obligor of an educational debt that is due and owed to the corporation or that the corporation has lawfully contracted to collect. The corporation and its officers and employees shall use such information only for the purpose of enforcing the educational debt obligation of such absent obligors and shall not disclose that information or use it for any other purpose."

SECTION 41. Section 28-1-2 NMSA 1978 (being Laws 1969, Chapter 196, Section 2, as amended) is amended to read:

"28-1-2. DEFINITIONS.--As used in the Human Rights Act: A. "person" means one or more individuals, a partnership, association, organization, corporation, joint venture, legal representative, trustees, receivers or the state and all of its political subdivisions;

B. "employer" means any person employing four or more persons and any person acting for an employer;

C. "commission" means the human rights commission;

D. "director" or "bureau" means the human rights bureau of the labor relations division of the [workforce solutions] commerce department;

E. "employee" means any person in the employ of an employer or an applicant for employment;

F. "labor organization" means any organization that exists for the purpose in whole or in part of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employment;

G. "employment agency" means any person regularly undertaking with or without compensation to procure opportunities to work or to procure, recruit or refer employees;

H. "public accommodation" means any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not include a bona fide private club or other place or establishment that is by its nature and use distinctly private;

I. "housing accommodation" means any building or portion of a building that is constructed or to be constructed [which] and that is used or intended for use as the residence or sleeping place of [any individual] a person;

J. "real property" means lands, leaseholds or commercial or industrial buildings, whether constructed or to be constructed, offered for sale or rent, and any land rented or leased for the use, parking or storage of house trailers;

K. "secretary" means the secretary of [workforce solutions] commerce;

L. "unlawful discriminatory practices" means those unlawful practices and acts specified in Section 28-1-7 NMSA 1978;

M. "physical or mental handicap" means a physical or mental impairment that substantially limits one or more of a person's major life activities. A person is also considered to be physically or mentally handicapped if the person has a record of a physical or mental handicap or is regarded as having a physical or mental handicap;

N. "major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working;

O. "applicant for employment" means a person applying for a position as an employee;

P. "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived; and

Q. "gender identity" means a person's self-

perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth."

SECTION 42. Section 37-1-5 NMSA 1978 (being Laws 1947, Chapter 44, Section 1, as amended) is amended to read:

"37-1-5. ACTIONS FOR WAGE AND HOUR VIOLATIONS.--A civil action to enforce any provision of Chapter 50, Article 4 NMSA 1978 shall be commenced within three years after a violation last occurs. The three-year period shall be tolled during a labor relations division of the [workforce solutions] commerce department investigation of an employer, but such an investigation shall not be deemed a prerequisite to a person bringing a civil action, nor shall it operate to bar a civil action brought pursuant to Chapter 50, Article 4 NMSA 1978."

SECTION 43. Section 50-1-2 NMSA 1978 (being Laws 1931, Chapter 9, Section 8, as amended) is amended to read:

"50-1-2. HEARINGS--LOCATION--NOTICE--CONDUCT--WITNESS FEES--SUBPOENAS--PENALTY.--The [director of the] labor [and industrial] relations division of the commerce department shall have the power to hold hearings upon and therein examine witnesses, administer oaths and take testimony in all matters specified in any complaint [with him] filed with the division and relating to [his] the division's duties and the requirements of Chapter 50, Article 1 NMSA 1978, which hearings shall be held in some suitable place in the vicinity in which the testimony to be taken is applicable, and may issue [subpoena] subpoenas for and compel the attendance of witnesses at such hearings; provided, however, that the [director of the] labor [and industrial] relations division shall serve upon the employer and such employees as [he] the division deems necessary a written notice of the time, place, purpose and scope of the hearing at least ten days prior to the date thereof. At the hearing, the employer and any employees to be affected by any of the matters and things mentioned in the notice shall have the right to appear in person or by counsel, to cross-examine witnesses and to introduce such testimony as is competent, relevant and material to the subject, purpose and scope of the hearing as stated in the notice; provided, however, that [no] witness fees shall not be paid to [any] a witness unless [he] the witness is required to testify at a place more than five miles from [his] the witness's place of residence, in which event the witness shall be paid the same fees as a witness before a district court. Any person duly subpoenaed under the provisions of this section who willfully refuses or neglects to testify at the time and place named in the subpoena shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) [nor] or more than five hundred dollars ($500) or by imprisonment in the county jail for a definite term not less than ten days [nor] or more than thirty days or by both such fine and imprisonment."

SECTION 44. Section 50-1-3 NMSA 1978 (being Laws 1931, Chapter 9, Section 9) is amended to read:

"50-1-3. POWERS AND DUTIES OF DIVISION.--[Said commissioner shall inform himself]

A. The director of the labor relations division of the commerce department shall become informed of all laws of the state [for the protection of] that:

(1) protect life and limb in any of the industries of the state [all laws regulating];

(2) regulate the hours of labor, the employment of minors and the payment of wages [and all other laws];

(3) are enacted for the protection, health and benefit of employees [and thereunder];

(4) foster, promote and develop the welfare of wage earners;

(5) advance opportunities for profitable employment;

(6) require, acquire and disseminate useful information on all [subject] subjects connected with labor; and

(7) assist in the enforcement of the [workman's] workers' compensation laws and the employers' liability acts of the state. [He shall have the power and authority, when in his judgment he deems it necessary, to]

B. The division may take assignment of wage claims and prosecute actions for collection of wages or other claims or demands of employees or ex-employees, who are financially unable to employ counsel, in cases in which, in the judgment of the [commissioner] division, such claims and demands are valid and enforceable in the courts. [It shall be the duty of said labor commissioner to]

C. The division shall enforce all labor laws in [the State of] New Mexico, the enforcement of which is not specifically and exclusively vested in any other officer, board or commission, state or federal [and]. Whenever, after due inquiry, [he shall be] the division is satisfied that any such law has been violated or that any employee or ex-employee, financially unable to employ counsel, has a just, valid and enforceable claim for wages or other claims or demands, [he] the division shall present the facts to the district attorney of the county in which [such] the violation occurred or wage claim accrued, and it shall be the duty of [such] the district attorney to prosecute the same. [Said labor commissioner] The division shall also prosecute claims arising as between employment agencies and those seeking employment when, in [his] the division's judgment, they are valid and enforceable in the courts."

SECTION 45. Section 50-1-4 NMSA 1978 (being Laws 1931, Chapter 9, Section 10) is amended to read:

"50-1-4. ANNUAL REPORT.--The [commissioner] labor relations division of the commerce department shall collect, systematize and present in annual reports to the governor statistical details relating to [his office] the division and especially as bearing upon the commercial, social and sanitary conditions of the employees and the means of escape from dangers incident to their employment; the protection of life and health in factory or other places of employment; the labor of women and children and the hours of labor exacted from them; and, in general, all matters [which] that tend to affect the prosperity of the mechanical, manufacturing and productive industries of this state and of the persons employed [therein] in those industries."

SECTION 46. Section 50-1-5 NMSA 1978 (being Laws 1931, Chapter 9, Section 11) is amended to read:

"50-1-5. INSPECTIONS--OBSTRUCTING--NOTICE--OFFENSES--PENALTIES.--[Said labor commissioner shall have the power to]

A. Inspectors of the labor relations division of the commerce department may enter any store, factory, foundry, mill, office, workshop, mine or public or private works at any time during working hours and remain as long as necessary [for the purpose of gathering] to gather facts and statistics contemplated by [this Act and] Chapter 50, Article 1 NMSA 1978, to examine safeguards and methods of protection from danger to employees and the sanitary conditions of the buildings and surroundings and to make a record thereof [and]. Any owner, corporation, occupant or officer who [shall refuse such] refuses entry to [said labor commissioner his officers or agents shall be] an inspector is guilty of a misdemeanor and upon conviction [thereof] shall be punished by a fine of not less than fifty dollars [nor] ($50.00) or more than five hundred dollars ($500) or by imprisonment in the county jail for a definite term not less than ten days [nor] or more than thirty days or by both such fine and imprisonment. [Provided, that said labor commissioner or his agent or agents]

B. An inspector shall, upon entering any store, factory, foundry, mill, office, workshop, mine or any other public or private works, notify the owner, manager, superintendent or anyone in charge of such place of labor of [his] the inspector's intention to make [such] a visit of inspection, and [such] the owner, manager, superintendent or party in charge shall have the right, either [by himself] in person or by an agent, to accompany [such commissioner or his agent or agents] the inspector during the entire time [he] the inspector spends upon [such] the premises. [And, provided, further, that]

C. It [shall be] is unlawful for any [such labor commissioner, his agent or agents, during the term of office to which such commissioner shall have been appointed] employee of the labor relations division, to either directly or indirectly, verbally or by written or printed matter, advocate the organization or changes in organization or the attempt at disorganization of a labor organization or a labor [unions] union or to officially do any act either for or against any political party in [the State of] New Mexico. [Any commissioner, or his agent or agents]

D. An inspector or other employee of the division who [fail] fails to give [such] notice of [such] a visit or refuses [such] the owner, manager, superintendent or party in charge, or [his] an agent, the right to accompany [him] the inspector at all times on visits of inspection provided for [herein] in this section or who participates in the organization, changing or disorganization of the labor union or labor association, contrary to the provisions [hereof] of this section, or who officially does any act for or against any political party in [the State of] New Mexico [during his term of office, shall be deemed] is guilty of a misdemeanor and upon conviction [thereof] shall be fined [any sum] in an amount not less than fifty dollars [nor] ($50.00) or more than five hundred dollars ($500) or by imprisonment in the county jail [of] for a definite term not less than ten days [nor] or more than thirty days or by both such fine and imprisonment."

SECTION 47. Section 50-1-6 NMSA 1978 (being Laws 1931, Chapter 9, Section 12) is amended to read:

"50-1-6. FREE EMPLOYMENT AGENCY.--The [labor commissioner] work force transition services division of the commerce department may, if deemed necessary, maintain and operate a free employment agency for the purpose of supplying labor to all branches of industry."

SECTION 48. Section 50-1-7 NMSA 1978 (being Laws 1931, Chapter 9, Section 13, as amended) is amended to read:

"50-1-7. REPORTING VIOLATIONS OF LABOR AND INDUSTRIAL LAWS.--[It is the duty of] The director of the labor [and industrial] relations division of the [labor] commerce department [to] shall report to the district attorney of the district in which such violations occur any violation of labor and industrial laws of New Mexico [and]. It is the duty of the district attorneys of the several districts, upon the complaint of the director, to prosecute all violations of law [which may be] that are reported to the district attorney by the director."

SECTION 49. Section 50-4-8 NMSA 1978 (being Laws 1937, Chapter 109, Section 8, as amended) is amended to read:

"50-4-8. DUTIES OF THE [LABOR COMMISSIONER] DIRECTOR.--

A. [It is the duty of the labor commissioner to] The director of the labor relations division of the commerce department shall investigate any violations of Sections

50-4-1 through 50-4-12 NMSA 1978 and [to] institute or cause to be instituted actions for [the] their enforcement [of the same]. The [labor commissioner] director may hold hearings to [satisfy himself as to] determine the justice of any claim, and [he] the director shall cooperate with any employee in the enforcement of any claim against [his] the employee's employer whenever, in the opinion of the [labor commissioner] director, the claim is just and valid.

B. It is the duty of all district attorneys to prosecute all cases, both civilly and criminally, [which] that are referred to them by the [labor commissioner] director.

C. It shall not be a defense to any action brought pursuant to this section that the plaintiff or complainant is an undocumented worker. It is not intended by this section to create any right to collect unemployment compensation nor to mandate any wage rate."

SECTION 50. Section 50-4-9 NMSA 1978 (being Laws 1937, Chapter 109, Section 9) is amended to read:

"50-4-9. RECORDS, SUBPOENAS, ETC.--

[(a)] A. Every employer shall keep a true and accurate record of hours worked and wages paid to each employee. The employer shall keep such records on file for at least one year after the entry of the record.

[(b)] B. The labor [commissioner and his authorized representatives] relations division of the commerce department shall have the right at all reasonable times to inspect such records for the purpose of ascertaining whether the provisions of [this act] Sections 50-4-1 through 50-4-12 NMSA 1978 are complied with.

[(c)] C. Any interference with the [labor commissioner or his authorized representatives] division in the performance of [their] its duties shall be deemed a violation of [this act] Sections 50-4-1 through 50-4-12 NMSA 1978 and punished as such.

[(d)] D. The [labor commissioner and his authorized representatives] division shall have the power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses and the production of payroll records and take depositions and affidavits in any proceedings before [said labor commissioner] the director.

[(e)] E. In case of failure of [any] a person to comply with [any] a subpoena lawfully issued or upon the refusal of [any] a witness [or witnesses] to testify [upon] on any matter on which [he or they] the witness may be lawfully interrogated, the [labor commissioner] director may apply to the district court in the proper county or to the judge thereof for a writ of attachment to compel [said] the witness to respond to [said] the subpoena or to testify, as the case may be."

SECTION 51. Section 50-4-11 NMSA 1978 (being Laws 1937, Chapter 109, Section 12, as amended) is amended to read:

"50-4-11. WAGE CLAIMS--LIENS--ASSIGNMENT.--

A. The labor [commissioner shall have power and authority to] relations division of the commerce department may:

(1) take assignments of wage claims of employees against employers [and shall also have power to];

(2) take assignments of liens upon real or personal property securing the claims of employees and laborers [and shall have power and authority to]; and

(3) prosecute actions for the collection of such claims and for the foreclosure of liens of such persons securing such claims of persons who, in the judgment of the [labor commissioner] division, are entitled to the services of the [labor commissioner] division and who, in [his] the division's judgment, have claims or liens or both [which] that are valid and [enforceable] enforceable in the courts.

B. In cases where the [commissioner] division has taken assignments of labor claims [which] that are lienable under the lien laws of [the state of] New Mexico, [he shall have power to] the division may join any number of claimants in one statement of claim or lien and, in case of suit, [to] may join any number of claimants in one cause of action."

SECTION 52. Section 50-4-12 NMSA 1978 (being Laws 1937, Chapter 109, Section 13, as amended) is amended to read:

"50-4-12. WAGE CLAIM ACTIONS--COSTS--JURISDICTION--REPRESENTATION BY DISTRICT ATTORNEY--APPEALS.--

A. In all actions brought by the [director of the] labor [and industrial] relations division of the [labor] commerce department as assignee under the provisions of Section 50-4-11 NMSA 1978, the [director] division shall be entitled to free process and shall not be obligated or required to give any bond or other security for costs.

B. Any sheriff, constable or other officer requested by the [director] division to serve any summons, writ, complaint or order shall do so without requiring the [director] division to pay any fees or furnish any security or bond.

C. Where all claims joined together do not exceed in the aggregate the jurisdictional limit of the magistrate or metropolitan court, the [director] division may institute an action against the employer in any magistrate or metropolitan court having jurisdiction without referring the claim to the district attorney. In the event that during the course of the proceedings representation by an attorney at law becomes necessary or, in the [director's] division's judgment, advisable, the [director] division shall so notify the district attorney, and it shall then be the duty of the district attorney or the district attorney's assistant to appear for the [director] division in the cause.

D. In the event the cause is appealed by the [director] division, no bond or other security shall be required or fees charged the [director] division for court costs or sheriff's fees in serving process."

SECTION 53. Section 50-4-16 NMSA 1978 (being Laws 1933, Chapter 149, Section 6) is amended to read:

"50-4-16. TIME RECORDS--INSPECTION.--

A. Every employer to whom [this act applys] Sections 50-4-13 through 50-4-18 NMSA 1978 applies shall be required to keep a time record showing the number of hours each [male] employee worked each day.

B. Such record shall be open at all reasonable hours to the inspection of the [State labor commissioner, his agents or agent] labor relations division of the commerce department, record of which is required to be kept [as herein provided for]."

SECTION 54. Section 50-4-21 NMSA 1978 (being Laws 1955, Chapter 200, Section 2, as amended) is amended to read:

"50-4-21. DEFINITIONS.--As used in the Minimum Wage Act:

A. "employ" includes suffer or permit to work;

B. "employer" includes any individual, partnership, association, corporation, business trust, legal representative or any organized group of persons employing one or more employees at any one time, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the United States, the state or any political subdivision of the state; provided, however, that for the purposes of Subsection A of Section 50-4-22 NMSA 1978, "employer" includes the state or any political subdivision of the state; and

C. "employee" includes an individual employed by an employer, but shall not include:

(1) an individual employed in domestic service in or about a private home;

(2) an individual employed in a bona fide executive, administrative or professional capacity and forepersons, superintendents and supervisors;

(3) an individual employed by the United States, the state or any political subdivision of the state; provided, however, that for the purposes of Subsection A of Section 50-4-22 NMSA 1978, "employee" includes an individual employed by the state or any political subdivision of the state;

(4) an individual engaged in the activities of an educational, charitable, religious or nonprofit organization where the employer-employee relationship does not, in fact, exist or where the services rendered to such organizations are on a voluntary basis. The employer-employee relationship shall not be deemed to exist with respect to an individual being served for purposes of rehabilitation by a charitable or nonprofit organization, notwithstanding the payment to the individual of a stipend based upon the value of the work performed by the individual;

(5) salespersons or employees compensated upon piecework, flat rate schedules or commission basis;

(6) students regularly enrolled in primary or secondary schools working after school hours or on vacation;

(7) registered apprentices and learners otherwise provided by law;

(8) persons eighteen years of age or under who are not students in a primary, secondary, vocational or training school;

(9) persons eighteen years of age or under who are not graduates of a secondary school;

(10) G.I. bill trainees while under training;

(11) seasonal employees of an employer obtaining and holding a valid certificate issued annually by the [director of the] labor relations division of the [workforce solutions] commerce department. The certificate shall state the job designations and total number of employees to be exempted. In approving or disapproving an application for a certificate of exemption, the [director] division shall consider the following:

(a) whether such employment shall be at an educational, charitable or religious youth camp or retreat;

(b) that such employment will be of a temporary nature;

(c) that the individual will be furnished room and board in connection with such employment, or if the camp or retreat is a day camp or retreat, the individual will be furnished board in connection with such employment;

(d) the purposes for which the camp or retreat is operated;

(e) the job classifications for the positions to be exempted; and

(f) any other factors that the [director] division deems necessary to consider;

(12) any employee employed in agriculture:

(a) if the employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agricultural labor;

(b) if the employee is the parent, spouse, child or other member of the employer's immediate family; for the purpose of this subsection, the employer shall include the principal stockholder of a family corporation;

(c) if the employee: 1) is employed as a hand-harvest laborer and is paid on a piece-rate basis in an operation that has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; 2) commutes daily from the employee's permanent residence to the farm on which the employee is so employed; and 3) has been employed in agriculture less than thirteen weeks during the preceding calendar year;

(d) if the employee, other than an employee described in Subparagraph (c) of this paragraph: 1) is sixteen years of age or under and is employed as a hand-harvest laborer, is paid on a piece-rate basis in an operation that has been, and is generally recognized as having been, paid on a piece-rate basis in the region of employment; 2) is employed on the same farm as the employee's parent or person standing in the place of the parent; and 3) is paid at the same piece-rate as employees over age sixteen are paid on the same farm; or

(e) if the employee is principally engaged in the range production of livestock or in milk production;

(13) an employee engaged in the handling, drying, packing, packaging, processing, freezing or canning of any agricultural or horticultural commodity in its unmanufactured state; or

(14) employees of charitable, religious or nonprofit organizations who reside on the premises of group homes operated by such charitable, religious or nonprofit

organizations for persons who have a mental, emotional or developmental disability."

SECTION 55. Section 50-4-26 NMSA 1978 (being Laws 1955, Chapter 200, Section 5, as amended) is amended to read:

"50-4-26. ENFORCEMENT--PENALTIES--EMPLOYEES' REMEDIES.--

A. An employer who violates any of the provisions of the Minimum Wage Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

B. The [director of the] labor relations division of the [workforce solutions] commerce department shall enforce and prosecute violations of the Minimum Wage Act. The [director] division may institute in the name of the state an action in the district court of the county wherein the employer who has failed to comply with the Minimum Wage Act resides or has a principal office or place of business, for the purpose of prosecuting violations. The district attorney for the district wherein [any] a violation [hereof] occurs shall aid and assist the [director] division in the prosecution.

C. In addition to penalties provided pursuant to this section, an employer who violates any provision of Section 50-4-22 NMSA 1978 shall be liable to the employees affected in the amount of their unpaid or underpaid minimum wages plus interest, and in an additional amount equal to twice the unpaid or underpaid wages.

D. An action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and on behalf of the employee or employees and for other employees similarly situated, or such employee or employees may designate an agent or representative to maintain such action on behalf of all employees similarly situated.

E. The court in any action brought under Subsection D of this section shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action and reasonable attorney fees to be paid by the defendant. In any proceedings brought pursuant to the provisions of this section, the employee shall not be required to pay any filing fee or other court costs necessarily incurred in such proceedings.

F. In addition to any remedy or punishment provided pursuant to the Minimum Wage Act, a court may order appropriate injunctive relief, including requiring an employer to post in the place of business a notice describing violations by the employer as found by the court or a copy of a cease and desist order applicable to the employer."

SECTION 56. Section 50-4-27 NMSA 1978 (being Laws 1967, Chapter 188, Section 5) is amended to read:

"50-4-27. AUTHORITY OF [LABOR COMMISSIONER] DIVISION TO PROMULGATE RULES--HEARING ON RULES--NOTICE--PUBLICATION.--The [state labor commissioner shall have the authority to] labor relations division of the commerce department may promulgate [and issue] rules [and regulations] necessary to administer and accomplish the purposes of the Minimum Wage Act. Such rules [and regulations] shall be adopted after notice and public hearing. [A copy of the notice of hearing together with a copy of the proposed regulations shall be filed with the librarian of the supreme court library at least twenty days prior to the hearing. In addition, a copy of the notice of hearing shall be sent to all known interested persons. Any interested person shall have the right to appear and present evidence.]"

SECTION 57. Section 50-4A-1 NMSA 1978 (being Laws 2009, Chapter 14, Section 1) is amended to read:

"50-4A-1. SHORT TITLE.--[This act] Chapter 50, Article 4A NMSA 1978 may be cited as the "Promoting Financial Independence for Victims of Domestic Abuse Act"."

SECTION 58. Section 50-4A-7 NMSA 1978 (being Laws 2009, Chapter 14, Section 7) is amended to read:

"50-4A-7. ENFORCEMENT.--

A. The [workforce solutions] commerce department [is authorized to] shall enforce the Promoting Financial Independence for Victims of Domestic Abuse Act and [to] investigate complaints made by persons who claim to be aggrieved pursuant to the provisions of that act.

B. The [workforce solutions] commerce department and the employee have the right to bring an action in violation of the Promoting Financial Independence for Victims of Domestic Abuse Act in a court of competent jurisdiction to enjoin further violations, recover actual damages sustained or both, together with costs and reasonable attorney fees."

SECTION 59. Section 50-6-14 NMSA 1978 (being Laws 1925, Chapter 79, Section 15, as amended) is amended to read:

"50-6-14. STATE CHILD LABOR INSPECTOR--APPOINTMENT--DIRECTION--QUALIFICATIONS.--There shall be a "state child labor inspector", appointed by and subject to the director of the labor [and industrial] relations division of the [labor] commerce department. The inspector must be qualified by special training and experience for this work and must pass a satisfactory examination given by the [director of the labor and industrial division of the labor department] state personnel office."

SECTION 60. 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 shall appoint a director of] apprenticeship [to be responsible for effectuating] bureau of the labor relations division of the commerce department shall effectuate the policies set forth in Section 50-7-1 NMSA 1978, [to] carry out the policies approved by the [apprenticeship council] instructional support and vocational education division of the public education department 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 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.

Under the general direction of the commissioner of labor, the director in furtherance of the duties specified]

B. The bureau 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 61. Section 50-14-2 NMSA 1978 (being Laws 1999, Chapter 260, Section 2, as amended) is amended to read:

"50-14-2. DEFINITIONS.--As used in the Workforce Development Act:

A. "board" means the state workforce development board;

B. "chief elected official" means the chief elected executive officer of a unit of general local government in a local area, and in a case in which a local area includes more than one unit of general local government, "chief elected official" means the person designated under the agreement described in Section 117 (c)(1)(B) of the federal Workforce Investment Act of 1998;

C. "employment training program" means a program or a part of a program, regardless of which state or local agency administers it, that has as its primary purpose assisting persons in obtaining or enhancing employment;

D. "local board" means a local workforce development board; and

E. "office" or "division" means the work force transition services division of the [workforce solutions] commerce department."

SECTION 62. Section 50-14-4 NMSA 1978 (being Laws 1999, Chapter 260, Section 4, as amended) is amended to read:

"50-14-4. DUTIES OF THE BOARD.--

A. The board shall assist the governor in:

(1) developing a five-year state plan that shall be updated annually and revised in accordance with the requirements of the federal Workforce Investment Act of 1998;

(2) developing and improving the statewide activities funded pursuant to the workforce investment system and the one-stop delivery system, including development of linkages to ensure coordination and nonduplication among the programs and activities described in the federal Workforce Investment Act of 1998;

(3) reviewing local plans;

(4) commenting annually on the measures taken pursuant to Section 113(b)(14) of the federal Carl D. Perkins Vocational and Applied Technology Education Act;

(5) developing allocation formulas for adult and youth employment training program funds to local areas in accordance with the federal Workforce Investment Act of 1998;

(6) developing comprehensive state performance measures to assess the effectiveness of work force investment activities pursuant to the federal Workforce Investment Act of 1998;

(7) designating local work force development areas;

(8) developing the statewide employment statistics system; and

(9) preparing reports and applications required for submission to the federal government.

B. The board shall also:

(1) review, evaluate and report annually on the performance of all work force development activities administered by state agencies involved with work force development; (2) develop linkages with the public education department and the [commission on] higher education department to ensure coordination and nonduplication of vocational education, apprenticeship, adult education, employment training programs and vocational rehabilitation programs with other work force development and training programs; and

(3) provide policy advice regarding the application of federal or state law that pertains to work force development.

C. To assist the board in fulfilling its duties, it is authorized to establish committees, one of which shall be a "coordination oversight committee". Except as provided for the coordination oversight committee in Subsections D and E of this section, the board shall appoint committee members and assign duties to committees as the board deems appropriate. The chair of the board shall appoint committee chairs from among members of the board.

D. The coordination oversight committee shall consist of the secretaries of [economic development] commerce, human services, [labor and] public education and higher education; a representative from community colleges; [a representative from the commission on higher education] a representative of labor; two legislators from different political parties, one from the senate and one from the house of representatives; the director of the [office] division; and the committee chair.

E. The duties of the coordination oversight committee include the following:

(1) the secretaries of [economic development, labor] commerce and human services shall propose five-, ten- and fifteen-year regional and statewide strategic plans for employment growth and training in New Mexico for the committee's consideration and possible recommendation for approval to the board as part of the state plan;

(2) the [secretary] secretaries of public education and [the representative from the commission on] higher education shall propose appropriate education plans for secondary education that address the strategic plans proposed by the secretaries of [economic development] commerce and human services [and labor] for the committee's consideration and possible recommendation for approval to the board as part of the state plan;

(3) the committee's proposals to the board shall facilitate a career pathways culture and, at a minimum, include reference to foundation skills as developed by the United States secretary of labor's commission on achieving necessary skills, a job analysis that the [economic development] commerce department shall produce after consultation with incumbent workers and employers, an available skills assessment and training targets;

(4) the [board] committee member from the community colleges shall solicit input from the community college constituency and work with regional and statewide businesses and other partners and the [economic development] commerce department to create career pathways and align curriculum and facilitate plans with the [economic development] commerce department and human services department [and labor department] strategic plans;

(5) the committee shall, after consultation with the [state chief information officer] department of information technology, develop and propose strategies for coordination of information technology for the purposes of providing participants access to all appropriate state services; collecting and managing data to allow reporting and analysis of uniform performance data related to all appropriate employment training programs; and sharing and integrating appropriate work force data across agencies and appropriate nongovernmental partners for identifying needs, setting policy and coordinating strategies;

(6) the committee shall recommend for the board's approval the coordination of program designs to avoid duplication or unproductive segmentation of services; and

(7) the committee shall recommend for the board's approval the coordination of state agency efforts to progress toward comprehensive, customer-driven one-stop centers through co-location of mandatory and recommended partner service delivery points for work force development.

F. All state agencies involved in work force development activities shall annually submit to the board for its review and potential inclusion in the five-year plan their goals, objectives and policies. The plan shall include recommendations to the legislature on the modification, consolidation, initiation or elimination of work force training and education programs in the state."

SECTION 63. Section 50-14-9 NMSA 1978 (being Laws 2005, Chapter 111, Section 10, as amended) is amended to read:

"50-14-9. WORK FORCE TRANSITION SERVICES DIVISION.--

A. The "work force transition services division" is created in the [workforce solutions] commerce department.

B. The division shall be the recipient of all grants from the United States pursuant to the federal Workforce Investment Act of 1998 and shall disburse those grants consistent with that act and the Workforce Development Act.

C. The division shall administer the provisions of the Workforce Development Act and is the governor's designee for the state with authority to administer New Mexico's program pursuant to the federal Workforce Investment Act of 1998. In performance of that duty and the duties set forth in Section 50-14-10 NMSA 1978, the division has the general power to:

(1) sue and, subject to the provisions of the Tort Claims Act, be sued;

(2) enter into contracts, joint powers agreements and other contracts for work force development services and administer related programs with other state agencies; local governments; state institutions of higher learning; Indian nations, tribes or pueblos; regional provider networks; and corporations authorized to do business in the state;

(3) take administrative action by issuing orders and instructions, not inconsistent with law, to ensure implementation of and compliance with the provisions of law for which the division is responsible and to enforce those orders and instructions by appropriate administrative actions or actions in courts;

(4) promulgate, following the procedure in Subsection E of Section 9-1-5 NMSA 1978, reasonable rules necessary to carry out the duties of the division; and

(5) take all other actions necessary to meet the purposes of the Workforce Development Act."

SECTION 64. Section 50-15-1 NMSA 1978 (being Laws 2005, Chapter 257, Section 1) is amended to read:

"50-15-1. SHORT TITLE.--[Sections 1 through 7 of this act] Chapter 50, Article 15 NMSA 1978 may be cited as the "Day Laborer Act"."

SECTION 65. Section 50-15-2 NMSA 1978 (being Laws 2005, Chapter 257, Section 2, as amended) is amended to read:

"50-15-2. DEFINITIONS.--As used in the Day Laborer Act:

A. "check cashing service" means a business that for a fee offers to cash checks or other payment instruments or that advertises that it cashes checks or other payment instruments;

B. "day labor" means employment that is under a contract between a day labor service agency and a third-party employer, that is occasional or irregular and that is for a limited time period;

C. "day labor service agency" means an entity, including a labor broker or labor pool, that provides day laborers to third-party employers and that charges the third-party employer for the service of providing day laborers for employment offered by the employer;

D. "day laborer" means a person who contracts for day labor employment with a day labor service agency;

E. "department" means the [workforce solutions] commerce department;

F. "office worker" means a person employed to perform clerical, secretarial or other semiskilled or skilled work that is predominantly performed in an office setting;

G. "payment instrument" means a paycheck, payment voucher or other negotiable instrument from an employer provided to an employee to pay for hours worked; and

H. "third-party employer" means a person that contracts with a day labor service agency for the employment of day laborers."

SECTION 66. Section 51-1-2 NMSA 1978 (being Laws 1979, Chapter 280, Section 11, as amended) is amended to read:

"51-1-2. DEFINITIONS.--As used in the Unemployment Compensation Law:

A. "department" means the [workforce solutions] commerce department;

B. "division" means the work force transition services division of the department, the director of the division or an employee of the division exercising authority lawfully delegated to the employee by the director; and

C. "secretary" means the secretary of [workforce

solutions] commerce or an employee of the department exercising authority lawfully delegated to the employee by the secretary."

SECTION 67. Section 53-7B-1 NMSA 1978 (being Laws 2009, Chapter 66, Section 1) is amended to read:

"53-7B-1. SHORT TITLE.--[Sections 1 through 10 of this act] Chapter 53, Article 7B NMSA 1978 may be cited as the "New Mexico Research Applications Act"."

SECTION 68. Section 53-7B-3 NMSA 1978 (being Laws 2009, Chapter 66, Section 3) is amended to read:

"53-7B-3. DEFINITIONS.--As used in the New Mexico Research Applications Act:

A. "board" means the board of directors of the research applications center;

B. "department" means the [economic development] commerce department; C. "research applications center" means the nonprofit corporation created pursuant to the Nonprofit Corporation Act and the New Mexico Research Applications Act;

D. "technological innovations" includes research, development, prototype assembly, manufacturing, patenting, licensing, marketing and sale of inventions, ideas, practices, applications, processes, machines and technology and related property rights of all kinds; and

E. "university" means:

(1) a New Mexico educational institution named in Article 12, Section 11 of the constitution of New Mexico;

(2) a community college organized pursuant to the Community College Act or pursuant to Chapter 21, Article 14 NMSA 1978; or

(3) a technical and vocational institute organized pursuant to the Technical and Vocational Institute Act."

SECTION 69. Section 57-3C-1 NMSA 1978 (being Laws 2001, Chapter 346, Section 1) is amended to read:

"57-3C-1. SHORT TITLE.--[This act] Chapter 57, Article 3C NMSA 1978 may be cited as the "Patent and Copyright Act"."

SECTION 70. Section 57-3C-2 NMSA 1978 (being Laws 2001, Chapter 346, Section 2) is amended to read:

"57-3C-2. DEFINITIONS.--As used in the Patent and Copyright Act:

A. "department" means the [economic development] commerce department;

B. "patent" means the grant of certain property rights in an invention, as defined in federal patent laws, to an inventor that includes the right to exclude others from making, using, offering for sale, selling or importing the invention; and

C. "copyright" means the property rights, as defined in federal copyright laws, in original works of authorship."

SECTION 71. Section 58-31-1 NMSA 1978 (being Laws 2005, Chapter 128, Section 1) is amended to read:

"58-31-1. SHORT TITLE.--[This act] Chapter 58, Article 31 NMSA 1978 may be cited as the "Spaceport Development Act"."

SECTION 72. Section 58-31-4 NMSA 1978 (being Laws 2005, Chapter 128, Section 4) is amended to read:

"58-31-4. SPACEPORT AUTHORITY CREATED--MEMBERSHIP.--

A. The "spaceport authority" is created. The authority is a state agency and is administratively attached to the [economic development] commerce department.

B. The authority shall consist of seven voting and [two] one nonvoting members, six of whom shall be appointed by the governor with the consent of the senate; provided that one of the appointed members shall be a resident of Sierra county. No more than three appointed members shall belong to the same political party. The seventh member shall be the secretary of [economic development] commerce or the secretary's designee. The lieutenant governor shall serve as a nonvoting ex-officio member. [The executive director of the authority shall serve as a nonvoting member.] The chair may appoint a nonvoting advisory committee to provide advice and recommendations on authority matters.

C. The members appointed by the governor shall be residents of the state and shall serve for terms of four years, except for the initial appointees who shall be appointed so that the terms are staggered after initial appointment. Initial appointees shall serve terms as follows: two members for two years, two members for three years and two members for four years.

D. Appointed voting members of the authority [shall] are entitled to be reimbursed for per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act that apply to [nonsalaried public officers, unless a different provision of that act applies to a specific member, in which case that member shall be paid under the applicable provision] state employees. Members and advisors shall receive no other compensation, perquisite or allowance for serving as a member of or advisor to the authority.

E. The secretary of [economic development] commerce or the secretary's designee shall serve as the chair of the authority. Authority members shall elect any other officers from the membership that the authority determines appropriate.

F. The chair, four other authority voting members appointed by the chair and the executive director of the authority shall constitute the spaceport authority executive committee. The committee shall have powers and duties as delegated to it by the authority.

G. If a vacancy occurs among the appointed voting members of the authority, the governor shall appoint a replacement to serve out the term of the former member. If an appointed member's term expires, the member shall continue to serve until the member is reappointed or another person is appointed and [confirmed by the senate to replace the member] qualified.

H. The authority shall meet at the call of the chair and shall meet in regular session at least once every three months.

I. The authority shall maintain written minutes of all meetings of the authority and maintain other appropriate records, including financial transaction records in compliance with law and adequate to provide an accurate record for audit purposes pursuant to the Audit Act."

SECTION 73. Section 67-16-1 NMSA 1978 (being Laws 1985, Chapter 23, Section 1) is amended to read:

"67-16-1. SHORT TITLE.--[This act] Chapter 67, Article 16 NMSA 1978 may be cited as the "Litter Control and Beautification Act"."

SECTION 74. Section 67-16-3 NMSA 1978 (being Laws 1985, Chapter 23, Section 3, as amended) is amended to read:

"67-16-3. DEFINITIONS.--As used in the Litter Control and Beautification Act:

A. "keep America beautiful system" means a comprehensive program to improve waste handling practices and the control of litter;

B. "keep New Mexico beautiful, incorporated" is the statewide organization that is the official clearinghouse for beautification projects in the state;

[C. "council" means the litter control council;

D.] C. "department" means the [tourism] commerce department;

[E.] D. "litter" means weeds, graffiti and all waste material, including disposable packages or containers, but not including the waste of the primary processes of mining, logging, sawmilling or farming;

[F.] E. "person" means an individual, corporation, partnership, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary or representative or group of individuals or entities of any kind;

[G.] F. "public place" means an area that is used or held out for use by the public, whether owned or operated by public or private interests; and

[H.] G. "recycling" means the collection, separation or processing and return to the economic mainstream of raw materials or products that would otherwise become solid waste."

SECTION 75. Section 67-16-5 NMSA 1978 (being Laws 1985, Chapter 23, Section 5) is amended to read:

"67-16-5. LITTER CONTROL COORDINATOR.--The department shall appoint a litter control coordinator to coordinate [the activities of the council within three months after the effective date of the Litter Control and Beautification Act] state and local beautification efforts."

SECTION 76. Section 67-16-7 NMSA 1978 (being Laws 1989, Chapter 10, Section 4) is amended to read:

"67-16-7. MEASUREMENT AND EVALUATION.--The department shall document and report on an annual basis the effectiveness and impact of [council-sponsored] department-sponsored litter control and beautification programs through the following:

A. evaluate and report on all governmental entities and keep New Mexico beautiful, incorporated projects and activities funded by the [council] department. The photometric index technique shall be a part of this report in communities where appropriate and available;

B. evaluate and report on the placement and management of litter receptacles placed on state property as funded by the Litter Control and Beautification Act; and

C. investigate and report on the feasibility, appropriateness and cost of a statewide photometric index or other technique for the evaluation of highway litter."

SECTION 77. Section 67-16-10 NMSA 1978 (being Laws 1985, Chapter 23, Section 10, as amended) is amended to read:

"67-16-10. LITTER BAG.--The [council] department shall design and produce a litter bag bearing the state anti-litter symbol, Dusty Roadrunner, and a statement of the penalties prescribed for littering. Litter bags shall be distributed by the motor vehicle division of the taxation and revenue department and the department of game and fish at no charge at the time and place of the issuance of licenses or renewal thereof. The state may provide litter bags at no charge to tourists and visitors at points of entry into the state. The [council] department may establish a distribution system with the aid of private industry."

SECTION 78. Section 67-16-12 NMSA 1978 (being Laws 1985, Chapter 23, Section 12, as amended) is amended to read:

"67-16-12. FURTHER DUTIES OF DEPARTMENT.--

A. The department shall:

(1) serve as the coordinating agency between various industry and business organizations seeking to aid in the anti-litter effort;

(2) cooperate with all local governments to accomplish coordination of local anti-litter efforts;

(3) encourage voluntary local anti-litter campaigns seeking to focus the attention of the public on programs to control and remove litter;

(4) encourage voluntary recycling programs and aid in identifying programs and available markets for recycled materials;

(5) apply for funds available from any other source for use in the administration of the Litter Control and Beautification Act;

(6) adopt rules to enter into contracts for making either direct or matching grants with other state agencies, cities or counties or with an Indian nation, tribe or pueblo government for the purpose of promoting local keep America beautiful system programs; and

(7) aid in the adoption and enforcement of model anti-litter statutes and ordinances and improve state and local litter control programs.

B. The department shall also allocate funds appropriated to it from the litter control and beautification fund according to the following formula:

(1) no more than fifteen percent of the fees received in a year for directly related operating expenses [directly related to the administration of the council], including:

(a) research, development and implementation of a statewide evaluation system;

(b) professional services provided to the state by representatives of keep America beautiful, incorporated; and

(2) no more than twenty percent of the fees received in a year to purchase litter bags and receptacles and to conduct a public awareness and media campaign to include brochures, literature and educational materials, production of public service announcements and other expenses relating to public relations;

(3) no more than fifty percent of the fees received in a year to local governments to establish and help continue local keep America beautiful system programs;

(4) no more than sixty percent of the fees received in a year to local governments to establish a summer youth employment program to aid in litter control and beautification projects; and

(5) no more than ten percent of fees received in a year to keep New Mexico beautiful, incorporated to further beautification and educational programs."

SECTION 79. A new section of the Human Rights Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL--HUMAN RIGHTS COMMISSION.--The human rights commission is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act. The commission shall continue to operate according to the provisions of the Human Rights Act until July 1, 2018. Effective July 1, 2018, the Human Rights Act is repealed."

SECTION 80. A new section of the New Mexico-Chihuahua Commission Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL--NEW MEXICO-CHIHUAHUA COMMISSION.--The New Mexico-Chihuahua commission is terminated on July 1, 2015 pursuant to the provisions of the Sunset Act unless continued by law. The provisions of the Sunset Act notwithstanding, there is no wind-up period for the commission and the New Mexico-Chihuahua Commission Act is repealed effective July 1, 2015."

SECTION 81. A new section of the New Mexico-Sonora Commission Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL--NEW MEXICO-SONORA COMMISSION.--The New Mexico-Sonora commission is terminated on July 1, 2015 pursuant to the provisions of the Sunset Act unless continued by law. The provisions of the Sunset Act notwithstanding, there is no wind-up period for the commission and the New Mexico-Sonora Commission Act is repealed effective July 1, 2015."

SECTION 82. A new section of Chapter 16, Article 16 NMSA 1978 is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL--STATE FAIR COMMISSION.--The state fair commission is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act. The commission shall continue to operate according to the provisions of Chapter 16, Article 6 NMSA 1978 until July 1, 2018. Effective July 1, 2018, the state fair commission is repealed."

SECTION 83. A new section of the Spaceport Development Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL--SPACEPORT AUTHORITY.--The spaceport authority is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act. The authority shall continue to operate according to the provisions of the Spaceport Development Act until July 1, 2018. Effective July 1, 2018, the Spaceport Development Act is repealed; provided that no action of the legislature shall impair any outstanding bonds or the payments on those bonds."

SECTION 84. A new section of Chapter 50, Article 1 NMSA 1978 is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL--LABOR AND INDUSTRIAL COMMISSION.--The labor and industrial commission is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act. The commission shall continue to operate according to the provisions of Chapter 50, Article 1 NMSA 1978 until July 1, 2018. Effective July 1, 2018, Chapter 50, Article 1 NMSA 1978 is repealed."

SECTION 85. A new section of the Workers' Compensation Administration Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL--WORKERS' COMPENSATION ADMINISTRATION.--The workers' compensation administration is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act. The commission shall continue to operate according to the provisions of the Workers' Compensation Administration Act until July 1, 2018. Effective July 1, 2018, the Workers' Compensation Administration Act is repealed."

SECTION 86. A new section of the Workforce Development Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL--WORKFORCE DEVELOPMENT BOARD.--The state workforce development board is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act. The board shall continue to operate according to the provisions of the Workforce Development Act until July 1, 2018. Effective July 1, 2018, the Workforce Development Act is repealed."

SECTION 87. TEMPORARY PROVISION--TRANSFERS OF FUNCTIONS, APPROPRIATIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment and other property of the economic development department, the tourism department, the workforce solutions department and the border authority are transferred to the commerce department.

B. On the effective date of this act, all contractual obligations of the economic development department, the tourism department and the workforce solutions department or any division or other subordinate unit of those departments and the border authority are binding on the commerce department.

C. On the effective date of this act, references in the law to the economic development department, the tourism department or the workforce solutions department or any divisions or other subordinate units of those departments or the border authority shall be deemed to be references to the commerce department unless otherwise specified by law.

D. The rules of the economic development department, the tourism department, the workforce solutions department and the border authority shall be deemed to be rules of the commerce department until amended or repealed by the commerce department.

E. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment and other property of the New Mexico film museum are transferred to the cultural affairs department. All contractual obligations of the New Mexico film museum are binding on the cultural affairs department. All references in law to the museum or the board of trustees shall be deemed to be references to the cultural affairs department.

SECTION 88. RECOMPILATION.--Section 9-15-56 NMSA 1978 (being Laws 2010, Chapter 87, Section 1) is recompiled into the Commerce Department Act.

SECTION 89. REPEAL.--

A. Economic Development Department Act, Sections 9-15-1 through 9-15-55 NMSA 1978 (being Laws 1983, Chapter 297, Sections 1 through 4, Laws 2003, Chapter 97, Section 1, Laws 1983, Chapter 297, Sections 5 through 7, Laws 1983, Chapter 296, Section 21, Laws 1983, Chapter 297, Section 10, Laws 1988, Chapter 81, Section 5, Laws 1983, Chapter 297, Sections 12, 14 and 15, Laws 1991, Chapter 21, Sections 21 through 24, Laws 1994, Chapter 113, Section 2, Laws 1988, Chapter 80, Sections 3 and 4, Laws 2005, Chapter 57, Section 1, Laws 1988, Chapter 80, Section 5, Laws 1989, Chapter 205, Sections 1 through 3, Laws 2005, Chapter 67, Section 1, Laws 1991, Chapter 27, Sections 1 and 2, Laws 1993, Chapter 211, Sections 1 through 5 and also Laws 1993, Chapter 216, Sections 1 through 5, Laws 2003, Chapter 166, Sections 1 through 4 and also Laws 2003, Chapter 170, Sections 1 through 4 and Laws 2007, Chapter 180, Sections 1 through 4, as amended) are repealed.

B. Tourism Department Act, Sections 9-15A-1 through 9-15A-11 NMSA 1978 (being Laws 1991, Chapter 21, Sections 1 through 4, Laws 2003, Chapter 299, Section 1, Laws 1991, Chapter 21, Sections 5 through 7, Laws 1996, Chapter 25, Section 1, Laws 1993, Chapter 101, Sections 10 and 11, Laws 2007, Chapter 286, Sections 2 and 3 and Laws 2007, Chapter 287, Sections 2 and 3, as amended) are repealed.

C. Intertribal Ceremonial Act, Sections 9-15C-1 through 9-15C-5 NMSA 1978 (being Laws 2005, Chapter 219, Sections 1 through 5, as amended) are repealed.

D. Workforce Solutions Department Act, Sections 9-26-1 through 9-26-15 NMSA 1978 (being Laws 2007, Chapter 200, Sections 1 through 14 and 23) are repealed.

E. Small Business Regulatory Relief Act, Sections 14-4A-1 through 14-4A-6 NMSA 1978 (being Laws 2005, Chapter 244, Sections 1 through 6) are repealed.

F. New Mexico Film Museum Act, Sections 18-14-1 through 18-14-6 NMSA 1978 (being Laws 2003, Chapter 250, Sections 1 through 6, as amended) are repealed.

G. Border Development Act, Sections 58-27-1 through 58-27-26 NMSA 1978 (being Laws 1991, Chapter 131, Sections 1 through 10 and 12 through 16, Laws 1993, Chapter 335, Section 4, Laws 1995, Chapter 192, Section 10, Laws 1991, Chapter 131, Sections 17 through 25 and Laws 1995, Chapter 192, Section 21, as amended) are repealed.

H. Litter control council, Section 67-16-4 NMSA 1978 (being Laws 1985, Chapter 23, Section 4, as amended) is repealed.

SECTION 90. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2011.

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