HOUSE BILL 136

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

David M. Gallegos

AN ACT

CHANGING THE NAME OF CERTAIN DIVISIONS IN THE WORKFORCE SOLUTIONS DEPARTMENT.

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

     SECTION 1. Section 9-26-4 NMSA 1978 (being Laws 2007, Chapter 200, Section 4) is amended to read:

     "9-26-4. WORKFORCE SOLUTIONS DEPARTMENT CREATED.--The "workforce solutions department" is created in the executive branch pursuant to the Executive Reorganization Act. The department is a cabinet department that includes:

          A. the office of the secretary;

          B. the administrative services division;

          C. the [business] employment services division;

          D. the labor relations division;

          E. the workforce technology division; and

          F. the [workforce transition services] unemployment insurance division."

     SECTION 2. 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 [workforce transition services] unemployment insurance division of the workforce solutions department."

     SECTION 3. Section 50-14-9 NMSA 1978 (being Laws 2005, Chapter 111, Section 10, as amended) is amended to read:

     "50-14-9. [WORKFORCE TRANSITION SERVICES] UNEMPLOYMENT INSURANCE DIVISION.--

          A. The "[workforce transition services] unemployment insurance division" is created in the workforce solutions 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 workforce 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 4. 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 department;

          B. "division" means the [workforce transition services] unemployment insurance 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 or an employee of the department exercising authority lawfully delegated to the employee by the secretary."

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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