0001|                            HOUSE BILL 382
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          EDWARD C. SANDOVAL
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO INDUSTRIAL REVENUE BONDS; REQUIRING COMPANIES THAT
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0012|     BENEFIT FROM THE ISSUANCE OF BONDS TO PAY INTO THE DEVELOPMENT
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0013|     TRAINING FUND FOR RECIPIENTS OF TEMPORARY ASSISTANCE FOR NEEDY
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0014|     FAMILIES. 
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  A new section of the Industrial Revenue Bond
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0018|     Act is enacted to read:
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0019|          "[<u>NEW MATERIAL</u>] PROJECT BONDS--TRAINING PAYMENT.--
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0020|               A.  No municipality shall issue industrial revenue
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0021|     bonds for a project unless the manufacturer, commercial
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0022|     enterprise or other business for which the bonds are to be
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0023|     issued agrees to pay one percent of the value of the bonds to
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0024|     the municipality for credit to the state development training
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0025|     fund.  Copies of the agreement shall be provided to the
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0001|     economic development department, the department of finance and
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0002|     administration and the legislative finance committee.
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0003|               B.  A business may pay the amount owed in
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0004|     installments, not to exceed five years.  The agreement shall
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0005|     specify the times and amounts due.  The municipality shall
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0006|     collect the amount owed and otherwise enforce the provisions
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0007|     of the agreement.  The municipality shall deposit the payment
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0008|     with the state treasurer for credit to the development
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0009|     training fund within thirty days of receipt of the payment."
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0010|          Section 2.  A new section of the County Industrial
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0011|     Revenue Bond Act is enacted to read:
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0012|          "[<u>NEW MATERIAL</u>] PROJECT RECIPIENT--TRAINING PAYMENT.--
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0013|               A.  No county shall issue industrial revenue bonds
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0014|     for a project unless the manufacturer, commercial enterprise
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0015|     or other business for which the bonds are to be issued agrees
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0016|     to pay one percent of the value of the bonds to the county for
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0017|     credit to the state development training fund.  Copies of the
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0018|     agreement shall be provided to the economic development
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0019|     department, the department of finance and administration and
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0020|     the legislative finance committee. 
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0021|               B.  A business may pay the amount owed in
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0022|     installments, not to exceed five years.  The agreement shall
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0023|     specify the times and amounts due.  The county shall collect
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0024|     the money owed and otherwise enforce the provisions of the
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0025|     agreement.  The county shall deposit the payment with the
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0001|     state treasurer for credit to the development training fund
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0002|     within thirty days of receipt of the payment."
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0003|          Section 3.  Section 21-19-7 NMSA 1978 (being Laws 1983,
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0004|     Chapter 299, Section 1, as amended) is amended to read:
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0005|          "21-19-7.  DEVELOPMENT TRAINING.--
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0006|               A.  <u>Except as provided in Subsection B of this
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<u></u>0007| <u>    section</u>, the economic development department shall establish
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0008|     a development training program that provides quick-response
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0009|     classroom and in-plant training to furnish qualified manpower
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0010|     resources for new or expanding industries and nonretail
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0011|     service sector businesses in New Mexico that have business or
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0012|     production procedures that require skills unique to those
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0013|     industries.  Training shall be custom designed for the
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0014|     particular company and shall be based on the special
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0015|     requirements of each company.  The program shall be operated
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0016|     on a statewide basis and shall be designed to assist any area
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0017|     in becoming more competitive economically.
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0018|               <u>B.  Money in the fund that is attributable to
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<u></u>0019| <u>    payments from businesses that receive industrial revenue bonds
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<u></u>0020| <u>    or county industrial revenue bonds shall be used to train
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<u></u>0021| <u>    recipients of temporary assistance for needy families.  A
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<u></u>0022| <u>    person trained pursuant to this section may be trained for a
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<u></u>0023| <u>    specific job with a specific company or may be provided
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<u></u>0024| <u>    general skills training, including coursework for an associate
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<u></u>0025| <u>    degree from a community college or technical-vocational
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<u></u>0001| <u>    school.  Training programs may be designed for businesses that
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<u></u>0002| <u>    contribute to the development training fund through the use of
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<u></u>0003| <u>    municipal or county industrial revenue bonds.</u>
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0004|               <s>[B.]</s> <u>C.</u>  There is created the "industrial
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0005|     training board"  composed of:
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0006|                    (1)  the director of the economic development
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0007|     division of the economic development department;
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0008|                    (2)  the director of the vocational education
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0009|     division of the state department of public education;
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0010|                    (3)  the director of the job training division
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0011|     of the labor department;  
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0012|                    (4)  the executive director of the commission
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0013|     on higher education; 
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0014|                    (5)  one member from organized labor appointed
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0015|     by the governor; and
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0016|                    (6)  one public member from the business
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0017|     community appointed by the governor.
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0018|               <s>[C.]</s> <u>D.</u>  The industrial training board shall
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0019|     establish policies and promulgate rules <s>[and regulations]</s>
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0020|     for the administration of appropriated funds and shall provide
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0021|     review and oversight to assure that funds expended from the
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0022|     development training fund will generate business activity and
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0023|     give measurable growth to the economic base of New Mexico
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0024|     within the legal limits preserving the ecological state of New
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0025|     Mexico and its people.
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0001|               <s>[D.]</s> <u>E.</u>  Subject to the approval of the
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0002|     industrial training board, the economic development division
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0003|     of the economic development department shall:
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0004|                    (1)  administer all funds allocated or
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0005|     appropriated for industrial development training purposes;
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0006|                    (2)  provide designated training services;
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0007|                    (3)  regulate, control and abandon any
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0008|     training program established under the provisions of this
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0009|     section;
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0010|                    (4)  assist companies requesting training in
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0011|     the development of a training proposal to meet the companies'
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0012|     manpower needs;
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0013|                    (5)  contract for the implementation of all
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0014|     training programs;
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0015|                    (6)  provide for training by educational
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0016|     institutions or by the company through in-plant training, at
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0017|     the company's request; and
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0018|                    (7)  evaluate training efforts on a basis of
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0019|     performance standards set forth by the industrial training
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0020|     board.
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0021|               <s>[E.]</s> <u>F.</u>  The vocational education division of
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0022|     the state department of public education shall provide
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0023|     technical assistance to the economic development department
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0024|     concerning the development of agreements, the determination of
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0025|     the most appropriate instructional training to provide and the
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0001|     review of training program implementation.
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0002|               <s>[F.]</s> <u>G.</u>  The state shall contract with a
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0003|     company or an educational institution to provide training or
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0004|     instructional services in accordance with the approved
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0005|     training proposal and within the following limitations:
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0006|                    (1)  no payment shall be made for training in
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0007|     excess of one thousand forty hours of training per trainee for
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0008|     the total duration of training;
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0009|                    (2)  training applicants shall have resided
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0010|     within the state for a minimum of one year immediately prior
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0011|     to the commencement of the training program and be of legal
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0012|     status for employment;
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0013|                    (3)  payment for institutional classroom
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0014|     training shall be made under any accepted training contract
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0015|     for a qualified training program;
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0016|                    (4)  no payment shall be made under any
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0017|     accepted training contract for rental of facilities unless
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0018|     facilities are not available on site or at the educational
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0019|     institution;
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0020|                    (5)  all applicants shall be eligible under
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0021|     the federal Fair Labor Standards Act and shall not have
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0022|     terminated a public school program within the past three
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0023|     months except by graduation;
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0024|                    (6)  trainees shall be guaranteed full-time
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0025|     employment with the contracted company upon successful
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0001|     completion of the training;
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0002|                    (7)  persons employed to provide the
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0003|     instructional services shall be exempt from the minimum
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0004|     requirements established in the state plan for other state
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0005|     vocational programs; and
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0006|                    (8)  no payment shall be made for training
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0007|     programs or production of Indian jewelry or imitation Indian
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0008|     jewelry unless a majority of those involved in the training
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0009|     program or production are of Indian descent."
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0010|                              
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