0001| SENATE BILL 209
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| JOSEPH A. FIDEL
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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 REGULATION OF THE CONSTRUCTION INDUSTRY; PLACING
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0012| BUREAU CHIEFS OF THE CONSTRUCTION INDUSTRIES DIVISION OF THE
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0013| REGULATION AND LICENSING DEPARTMENT UNDER THE PERSONNEL ACT;
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0014| CHANGING LICENSE ISSUANCE AND QUALIFICATION PROVISIONS;
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0015| CHANGING CERTAIN FEES; EXTENDING THE PERMITTED PERIOD FOR A
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0016| CERTIFICATE OF COMPETENCE; CREATING CERTAIN REVOLVING FUNDS;
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0017| ABOLISHING THE JOURNEYMEN TESTING REVOLVING FUND; REPEALING THE
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0018| SUNSETTING OF THE CONSTRUCTION INDUSTRIES DIVISION AND
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0019| COMMISSION; MAKING APPROPRIATIONS.
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0020|
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0021| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0022| Section 1. Section 9-16-8 NMSA 1978 (being Laws 1983,
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0023| Chapter 297, Section 24) is amended to read:
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0024| "9-16-8. BUREAUS--CHIEFS.--The superintendent shall
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0025| establish within each division such "bureaus" as he deems
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0001| necessary to carry out the provisions of the Regulation and
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0002| Licensing Department Act. He shall appoint a "chief" to be the
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0003| administrative head of any such bureau. The positions so
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0004| appointed [are exempt] may be exempted from the Personnel
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0005| Act by action of the superintendent, except for the
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0006| construction industries division trade bureaus created pursuant
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0007| to Section 60-13-31 NMSA 1978. The chiefs of those bureaus
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0008| shall be covered positions under the Personnel Act."
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0009| Section 2. Section 60-13-14 NMSA 1978 (being Laws 1967,
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0010| Chapter 199, Section 17, as amended) is amended to read:
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0011| "60-13-14. DIVISION--LICENSE ISSUANCE--REPORTS.--
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0012| A. No license shall be issued by the division to
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0013| any applicant unless the director is satisfied that the
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0014| applicant is or has in his employ a qualifying party who is
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0015| qualified for the classification for which application is made
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0016| and the applicant has satisfied the requirements of Subsection
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0017| B of this section.
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0018| B. An applicant for a license shall:
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0019| (1) demonstrate proof of responsibility as
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0020| provided in the Construction Industries Licensing Act;
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0021| (2) comply with the provisions of Subsection D
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0022| of this section if he has engaged illegally in the contracting
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0023| business in New Mexico within one year prior to making
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0024| application;
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0025| (3) demonstrate familiarity with the rules and
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0001| regulations promulgated by the commission and division
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0002| concerning the classification for which application is made;
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0003| (4) if a corporation, incorporated
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0004| association, registered limited liability partnership or
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0005| limited liability company, have complied with the laws of this
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0006| state requiring qualification to do business in New Mexico [or
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have been incorporated in this state and, if a foreign
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corporation, shall have maintained a] and provide the name of
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0009| its current registered agent and [a] the current address of
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0010| its registered office in New Mexico [for at least ninety days
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preceding the issuance of a contractor's license];
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0012| (5) if [an individual or partnership, have
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maintained a residence or street address in New Mexico for at
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least ninety days preceding the making of an application for a
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license] a person other than the persons described in
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0016| Paragraph (4) of this subsection, provide a current physical
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0017| location address and mailing address of the applicant's place
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0018| of business;
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0019| (6) submit proof of registration with the
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0020| taxation and revenue department and submit a current
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0021| identification tax number;
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0022| (7) comply with any additional procedures,
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0023| rules and regulations which are established by the commission
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0024| relating to issuance of licenses; and
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0025| (8) have had four years, within the ten years
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0001| immediately prior to application, of practical or related trade
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0002| experience dealing specifically with the type of construction
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0003| or its equivalent for which the applicant is applying for a
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0004| license, except that the commission may by regulation provide
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0005| for:
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0006| (a) reducing this requirement for a
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0007| particular industry or craft where it is deemed excessive but
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0008| [at no time shall] the requirement shall not be less than
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0009| two years [The commission may be regualtion provide for];
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0010| and
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0011| (b) a waiver of the work experience
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0012| requirement of this paragraph when the qualifying party has
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0013| been certified in New Mexico with the same license
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0014| classification within the ten years immediately prior to
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0015| application.
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0016| C. The division, with the consent of the commis-
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0017|
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0018| sion, may enter into a reciprocal licensing agreement with any
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0019| state having equivalent licensing requirements.
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0020| D. The director may issue a license to an applicant
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0021| who at any time within one year prior to making application has
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0022| acted as a contractor in New Mexico without a license as
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0023| required by the Construction Industries Licensing Act if:
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0024| (1) the applicant in addition to all other
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0025| requirements for licensure pays an additional fee [in an
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amount equal to five percent of the value of such nonlicensed
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contracting work] as follows:
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0003| (a) in an amount up to ten percent of
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0004| the contract price or the value of the nonlicensed contracted
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0005| work in the discretion of the commission; or
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0006| (b) if the applicant has bid or offered
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0007| a price on a construction project and was not the successful
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0008| bidder or offeror, the fee shall be one percent of the total
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0009| bid amount; and
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0010| (2) the director is satisfied that no incident
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0011| of such contracting without a license:
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0012| (a) caused monetary damage to any
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0013| person; or
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0014| (b) resulted in an unresolved consumer
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0015| complaint being filed against the applicant with the division.
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0016| E. An unlicensed contractor who has performed
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0017| unlicensed work may settle the claims against him without
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0018| becoming licensed if the claims arise from his first offense
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0019| and he pays an administrative fee calculated pursuant to
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0020| Paragraph (1) of Subsection D of this section. In addition to
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0021| the administrative fee, an additional ten percent of the amount
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0022| of the administrative fee shall be assessed as a service fee.
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0023| F. If the total fee to be paid by the contractor
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0024| pursuant to the provisions of Subsection D or E of this section
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0025| is twenty-five dollars ($25.00) or less, the fee may be
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0001| waived.
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0002| [E.] G. The director shall report every
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0003| incident of nonlicensed contracting work to the taxation and
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0004| revenue department to assure that the contractor complies with
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0005| tax requirements and pays all taxes due."
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0006| Section 3. Section 60-13-16 NMSA 1978 (being Laws 1967,
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0007| Chapter 199, Section 18, as amended) is amended to read:
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0008| "60-13-16. DIVISION--QUALIFYING PARTY--EXAMINATION--
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0009| CERTIFICATE.--
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0010| A. Except as otherwise provided in this section, no
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0011| certificate of qualification shall be issued to [any] an
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0012| individual desiring to be a qualifying party until he has
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0013| passed with a satisfactory score an examination approved and
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0014| adopted by the division.
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0015| B. The examination shall consist of a test based on
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0016| general business knowledge, rules and regulations of the
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0017| division and the provisions of the Construction Industries
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0018| Licensing Act. In addition, applicants for a GB, MM or EE
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0019| classification or for any other classification [which] that
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0020| the commission determines to be appropriate shall take a test
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0021| based on technical knowledge and familiarity with the
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0022| prescribed codes and minimum standards of the particular
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0023| classification for which certification is requested. The
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0024| division shall provide examinations in both English and
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0025| Spanish.
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0001| C. In lieu of the examination to determine
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0002| knowledge of business and construction industries law provided
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0003| in Subsection B of this section, an applicant may satisfy the
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0004| business and law knowledge requirement by receiving a
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0005| certificate of completion of a business and law course of study
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0006| [which has been approved and certified under rules and
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regulations adopted by the division and approved by the
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commission] offered by an accredited education institute
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0009| approved by the division. The course and any preparation and
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0010| instruction materials shall be available in both English and
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0011| Spanish and shall be made available to the division, the
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0012| commission or the designated agent of the division, upon
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0013| request, for review.
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0014| D. If a contractor's license is subject to
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0015| suspension by the commission and if [it] the suspension is
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0016| based on the requirement that the licensee employ a qualifying
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0017| party and the employment of the qualifying party is terminated
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0018| without fault of the licensee, a member of that trade who is
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0019| experienced in the classification for which the certificate of
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0020| qualification was issued and has been employed for five or more
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0021| years by the licensed contractor shall be issued without
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0022| examination a temporary certificate of qualification in the
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0023| classification for which the contractor is licensed. [and]
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0024| The temporary qualifying party [shall be subject to passing]
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0025| is required to pass the regular examination as set forth in
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0001| Subsection B of this section within ninety days of issuance of
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0002| a temporary certificate of qualification.
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0003| E. The certificate of qualification is not
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0004| transferable.
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0005| F. A qualifying party whose certificate is revoked
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0006| by the commission shall not reapply for a certificate for one
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0007| year."
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0008| Section 4. Section 60-13-20 NMSA 1978 (being Laws 1967,
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0009| Chapter 199, Section 22, as amended) is amended to read:
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0010| "60-13-20. FEES ESTABLISHED BY THE DIVISION--PAYMENT OF
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0011| EXAMINATION AND LICENSING SERVICE FEES.--
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0012| A. The division shall by regulation establish and
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0013| charge reasonable candidate and applicant fees for each
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0014| license and certificate classification for initial
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0015| applications, initial and additional examinations, license
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0016| issuance and renewals, [and] certificate of qualification
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0017| issuance and renewal licensing verification services.
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0018| B. The division by regulation may provide that
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0019| [examination fees, other than examination fees collected by
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the division for examination of journeymen pursuant to Section
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60-13-38 NMSA 1978] fees charged pursuant to Subsection A of
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0022| this section shall be paid to the agency providing or
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0023| administering the [examination] service if the service is
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0024| provided pursuant to authority of the division."
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0025| Section 5. Section 60-13-39 NMSA 1978 (being Laws 1967,
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0001| Chapter 199, Section 42, as amended) is amended to read:
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0002| "60-13-39. CERTIFICATES AND EXAMINATION.--
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0003| A. Certificates of competence issued by the
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0004| division are not transferable and shall expire on the date
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0005| established by the division, not more than [one year] three
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0006| years from the month of issuance.
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0007| B. Application shall be made before the expiration
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0008| date for renewal of a current certificate of competence and
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0009| shall be accompanied by the fee prescribed for the initial
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0010| issuance of the certificate.
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0011| C. Applications for a renewal of a certificate of
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0012| competence shall be filed with the division prior to the last
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0013| working day before the certificate expires. An expired
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0014| certificate shall be renewable within a six-month period
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0015| without examination and only upon paying a fee in twice the
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0016| amount of the renewal fee. If the certificate has not been
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0017| renewed within the six-month period, it shall be canceled."
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0018| Section 6. A new section of the Construction Industries
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0019| Licensing Act is enacted to read:
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0020| "[NEW MATERIAL] CONSTRUCTION INDUSTRIES DIVISION
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0021| REGULATORY COMPLIANCE REVOLVING FUND CREATED--APPROPRIATION.--
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0022| The "construction industries division regulatory compliance
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0023| revolving fund" is created. All money collected by the
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0024| division for plan review, building permits and inspection
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0025| services pursuant to the Construction Industries Licensing Act
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0001| shall be deposited with the state treasurer to be credited to
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0002| the fund. Money in the fund is appropriated to the division.
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0003| Fees for plan review, building permits and inspection services
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0004| shall be established by regulations adopted by the division and
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0005| approved by the commission. Disbursements from the fund shall
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0006| be made by warrants signed by the secretary of finance and
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0007| administration, based upon vouchers signed by the director and
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0008| only in accordance with a budget approved by the department of
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0009| finance and administration. Expenditures from the fund shall
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0010| be used to achieve compliance with the provisions of the
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0011| Construction Industries Licensing Act. Money in the fund shall
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0012| not revert at the end of the fiscal year."
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0013| Section 7. A new section of the Construction Industries
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0014| Licensing Act is enacted to read:
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0015| "[NEW MATERIAL] CONSTRUCTION INDUSTRIES DIVISION
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0016| PUBLICATIONS REVOLVING FUND CREATED--APPROPRIATION.--The
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0017| "construction industries division publications revolving fund"
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0018| is created. All money collected by the division from the sale
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0019| of publications and information related to the licensing and
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0020| regulatory provisions of and issues arising under the
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0021| Construction Industries Licensing Act and regulations adopted
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0022| pursuant to that act shall be deposited with the state
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0023| treasurer to be credited to the fund. Money in the fund is
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0024| appropriated to the division. Money in the fund shall be used
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0025| only for printing and maintenance of publications and
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0001| information related to the licensing and regulatory provisions
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0002| of and issues arising under the Construction Industries
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0003| Licensing Act and regulations adopted pursuant to that act.
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0004| Disbursements from the fund shall be made by warrants signed by
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0005| the secretary of finance and administration, based upon
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0006| vouchers signed by the director and only in accordance with a
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0007| budget approved by the department of finance and
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0008| administration. Money in the fund shall not revert at the end
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0009| of the fiscal year."
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0010| Section 8. TEMPORARY PROVISION--APPROPRIATION OF BALANCE
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0011| IN JOURNEYMEN TESTING REVOLVING FUND.--The balance remaining in
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0012| the journeymen testing revolving fund on June 30, 1997, is
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0013| appropriated to the construction industries division of the
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0014| regulation and licensing department for expenditure in fiscal
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0015| years 1998, 1999, and 2000 in accordance with approved budgets
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0016| for the division. Any unexpended or unencumbered balance
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0017| remaining at the end of fiscal year 2000 shall revert to the
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0018| general fund.
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0019| Section 9. REPEAL.--Sections 60-13-40.1 and 60-13-58 NMSA
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0020| 1978 (being Laws 1983, Chapter 82, Section 2 and Laws 1978,
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0021| Chapter 194, Section 1, as amended) are repealed.
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0022| Section 10. EFFECTIVE DATE.--The effective date of the
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0023| provisions of this act is July 1, 1997.
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0024|
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0025|
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0001|
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0002|
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0003| FORTY-THIRD LEGISLATURE
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0004| FIRST SESSION, 1997 SB 209/a
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0005|
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0006|
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0007| February 7, 1997
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0008|
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0009| Mr. President:
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0010|
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0011| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0012| referred
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0013|
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0014| SENATE BILL 209
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS, amended as follows:
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0018|
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0019| 1. On page 5, line 4, strike "one" and insert "up to five".
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0020|
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0021| 2. On page 7, line 3, strike "division" and insert
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0022| "commission".
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0023|
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0024| 3. On page 8, line 10, after "renewal" insert ", and",
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0025|
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0001| and thence referred to the FINANCE COMMITTEE.
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0002|
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0003| Respectfully submitted,
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0004|
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0005|
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0006|
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0007| __________________________________
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0008| Shannon Robinson, Chairman
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0009|
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0010| Adopted_______________________ Not
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0011| Adopted_______________________
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014| Date ________________________
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0015|
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0016|
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0017| The roll call vote was 7 For 0 Against
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0018| Yes: 7
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0019| No: 0
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0020| Excused: Ingle, Smith
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0021| Absent: None
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0022|
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0023|
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0024| S0209PA1 .115902.1/a
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0025|
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0001| FORTY-THIRD LEGISLATURE
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0002| FIRST SESSION, 1997
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0003|
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0004|
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0005| February 17, 1997
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0006|
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0007| Mr. President:
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0008|
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0009| Your FINANCE COMMITTEE, to whom has been referred
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0010|
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0011| SENATE BILL 209, as amended
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021| __________________________________
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0022| Ben D. Altamirano, Chairman
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0023|
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0024|
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0025|
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0001| Adopted_______________________ Not
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0002| Adopted_______________________
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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0005|
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0006|
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0007| Date ________________________
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0008|
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0009|
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0010| The roll call vote was 5 For 2 Against
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0011| Yes: 5
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0012| No: Lyons, McKibben
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0013| Excused: Aragon, Eisenstadt, Ingle, Romero
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0014| Absent: None
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0015|
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0016|
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0017| S0209/FC1
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0018|
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0019|
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0020| FORTY-THIRD LEGISLATURE SB 209/a
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0021| FIRST SESSION, 1997
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0022|
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0023|
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0024| February 26, 1997
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0025|
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0001| Mr. President:
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0002|
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0003| Your FINANCE COMMITTEE, to whom has been referred
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0004|
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0005| SENATE BILL 209, as amended
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0006|
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0007| has had it under consideration and reports same with
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0008| recommendation that it DO PASS, amended as follows:
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0009|
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0010| 1. On page 1, line 16, strike "CREATING CERTAIN REVOLVING
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0011| FUNDS;".
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0012|
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0013| 2. On page 1, lines 17 and 18, strike "; REPEALING THE
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0014| SUNSETTING OF THE CONSTRUCTION INDUSTRIES DIVISION AND
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0015| COMMISSION;".
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0016|
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0017| 3. On page 1, line 18, strike "MAKING" and insert in lieu
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0018| thereof a period.
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0019|
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0020| 4. On page 1, strike line 19.
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0021|
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0022| 5. On page 2, between lines 8 and 9, insert the following
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0023| new section:
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0024|
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0025| "Section 2. Section 60-13-3 NMSA 1978 (being Laws 1978,
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0001| Chapter 66, Section 1, as amended) is amended to read:
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0002|
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0003| "60-13-3. DEFINITION--CONTRACTOR.--As used in the
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0004| Construction Industries Licensing Act, "contractor":
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0005|
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0006| A. means any person who undertakes, offers to undertake
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0007| by bid or other means or purports to have the capacity to
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0008| undertake, by himself or through others, contracting.
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0009| Contracting includes but is not limited to constructing,
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0010| altering, repairing, installing or demolishing any:
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0011|
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0012| (1) road, highway, bridge, parking area or related
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0013| project;
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0014|
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0015| (2) building, stadium or other structure;
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0016|
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0017| (3) airport, subway or similar facility;
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0018|
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0019| (4) park, trail, bridle path, athletic field, golf
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0020| course or similar facility;
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0021|
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0022| (5) dam, reservoir, canal, ditch or similar
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0023| facility;
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0024|
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0025| (6) sewerage or water treatment facility, power
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0001| generating plant, pump station, natural gas compressing station
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0002| or similar facility;
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0003|
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0004| (7) sewerage, water, gas or other pipeline;
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0005|
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0006| (8) transmission line;
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0007|
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0008| (9) radio, television or other tower;
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0009|
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0010| (10) water, oil or other storage tank;
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0011|
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0012| (11) shaft, tunnel or mining appurtenance;
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0013|
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0014| (12) leveling or clearing land;
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0015|
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0016| (13) excavating earth;
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0017|
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0018| (14) air conditioning, conduit, heating or other
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0019| similar mechanical works;
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0020|
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0021| (15) electrical wiring, plumbing or plumbing fix-
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0022|
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0023| ture, consumers' gas piping, gas appliances or water condi-
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0024|
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0025| tioners; or
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0001|
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0002| (16) similar work, structures or installations
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0003| which are covered by applicable codes adopted under the
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0004| provisions of the Construction Industries Licensing Act;
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0005|
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0006| B. includes subcontractor and specialty contractor;
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0007|
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0008| C. includes a construction manager who coordinates and
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0009| manages the building process; who is a member of the construction
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0010| team with the owner, architect, engineer and other consultants
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0011| required for the building project; and who utilizes his skill and
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0012| knowledge of general contracting to develop schedules, prepare
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0013| project construction estimates, study labor conditions and advise
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0014| concerning construction; and
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0015|
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0016| D. does not include:
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0017|
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0018| (1) any person who merely furnishes materials or
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0019| supplies at the site without fabricating them into, or consuming
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0020| them in the performance of, the work of a contractor;
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0021|
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0022| (2) any person who drills, completes, tests, aban-
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0023|
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0024| dons or operates any petroleum, gas or water well; or services
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0025| equipment and structures used in the production and handling of
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0001| any product incident to the production of any petroleum, gas or
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0002| water wells, excluding any person performing duties normally
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0003| performed by electrical, mechanical or general contractors; or
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0004| who performs geophysical or similar exploration for oil, gas or
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0005| water;
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0006|
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0007| (3) a public utility or rural electric cooperative
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0008| which constructs, reconstructs, operates or maintains its plant
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0009| or renders authorized service by the installation, alteration or
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0010| repair of facilities, up to and including the meters, which
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0011| facilities are an integral part of the operational system of the
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0012| public utility or rural electric cooperative; provided that the
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0013| construction of a building by a public utility or rural electric
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0014| cooperative or the installation or repair of any consumer gas or
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0015| electrical appliance not an integral part of the operational
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0016| system makes a public utility or rural electric cooperative a
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0017| contractor for that purpose;
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0018|
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0019| (4) a utility department of any municipality or
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0020| local public body rendering authorized service by the
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0021| installation, alteration or repair of facilities, up to and
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0022| including the meters, which facilities are an integral part of
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0023| the operational system of the utility department of the
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0024| municipality;
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0025|
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0001| (5) any railroad company;
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0002|
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0003| (6) a telephone or telegraph company or rural
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0004| electric cooperative which installs, alters or repairs electrical
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0005| equipment and devices for the operation of signals or the
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0006| transmission of intelligence where that work is an integral part
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0007| of the operation of a communication system owned and operated by
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0008| a telephone or telegraph company or rural electric cooperative in
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0009| rendering authorized service;
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0010|
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0011| (7) a pipeline company which installs, alters or
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0012| repairs electrical equipment and devices for the operation of
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0013| signals or the transmission of intelligence where that service is
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0014| an integral part of the operation of the communication system of
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0015| that pipeline company and is not for hire or for the use of the
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0016| general public, or any pipeline company which installs, alters or
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0017| repairs plumbing fixtures or gas piping where the work is an
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0018| integral part of installing and operating the system owned or
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0019| operated by the pipeline company in rendering its authorized
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0020| service;
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0021|
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0022| (8) any mining company, gas company or oil company
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0023| which installs, alters or repairs its facilities, including but
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0024| not limited to plumbing fixtures or gas piping, where the work is
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0025| an integral part of the installing or operating of a system owned
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0001| or operated by the mining company, gas company or oil company;
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0002| provided the construction of a building by a mining company, a
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0003| gas company or an oil company is required to be done in
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0004| conformity with all other provisions of the Construction
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0005| Industries Licensing Act and with orders, rules, regulations,
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0006| standards and codes adopted pursuant to that act;
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0007|
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0008| (9) a radio or television broadcaster who
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0009| installs, alters or repairs electrical equipment used for radio
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0010| or television broadcasting;
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0011|
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0012| (10) an individual who, by himself or with the aid
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0013| of others who are paid wages and who receive no other form of
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0014| compensation, builds or makes installations, alterations or
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0015| repairs in or to a single-family dwelling owned and occupied or
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0016| to be occupied by him; provided that the installation, building,
|
0017| alteration or repair is required to be done in conformity with
|
0018| all other provisions of the Construction Industries Licensing Act
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0019| and with the orders, rules, regulations, standards and codes
|
0020| adopted pursuant to that act;
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0021|
|
0022| (11) a person who acts on his own account to build
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0023| or improve a single-family residence for his personal use,
|
0024| including the building or improvement of a free standing storage
|
0025| building located on that residential property, provided that the
|
0001| construction or improvement is required to be done in conformity
|
0002| with all other provisions of the Construction Industries
|
0003| Licensing Act and with the orders, rules, regulations, standards
|
0004| and codes adopted pursuant to that act, and provided further that
|
0005| he does not engage in commercial construction;
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0006|
|
0007| (12) a person who, by himself or with the aid of
|
0008| others who are paid wages and receive no other form of
|
0009| compensation, builds or makes installations, repairs or
|
0010| alterations in or to a building or other improvement on a farm or
|
0011| ranch owned, occupied or operated by him, or makes installations
|
0012| of electrical wiring which are not to be connected to electrical
|
0013| energy supplied from a power source outside the premises of the
|
0014| farm or ranch owned, occupied or operated by him; provided that
|
0015| the state codes and any local codes adopted pursuant to Sub-
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0016|
|
0017| section F of Section 60-13-44 NMSA 1978 shall not require any
|
0018| permits or inspections for such construction on a farm or ranch
|
0019| except for electrical wiring to be connected to a power source
|
0020| outside the premises;
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0021|
|
0022| (13) an individual who works only for wages;
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0023|
|
0024| (14) an individual who works on one undertaking or
|
0025| project at a time which, in the aggregate or singly, does not
|
0001| exceed seven thousand two hundred dollars ($7,200) compensation a
|
0002| year, the work being casual, minor or inconsequential such as,
|
0003| but not limited to, handyman repairs; provided that this ex-
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0004|
|
0005| emption shall not apply to any undertaking or project pertaining
|
0006| to the installation, connection or repair of electrical wiring,
|
0007| plumbing or gas fitting as defined in
|
0008| Section 60-13-32 NMSA 1978 and provided:
|
0009|
|
0010| (a) the work is not part of a larger or major
|
0011| operation undertaken by the same individual or different
|
0012| contractor;
|
0013|
|
0014| (b) the individual does not advertise or main-
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0015|
|
0016| tain a sign, card or other device which would indicate to the
|
0017| public that he is qualified to engage in the business of
|
0018| contracting; and
|
0019|
|
0020| (c) the individual files annually with the
|
0021| division, on a form prescribed by the division, a declaration
|
0022| substantially to the effect that he is not a contractor within
|
0023| the meaning of the Construction Industries Licensing Act, that
|
0024| the work he performs is casual, minor or inconsequential and will
|
0025| not include more than one undertaking or project at one time and
|
0001| that the total amount of such contracts, in the aggregate or
|
0002| singly, will not exceed seven thousand two hundred dollars
|
0003| ($7,200) compensation a year;
|
0004|
|
0005| (15) any person, firm or corporation which
|
0006| installs fuel containers, appliances, furnaces and other
|
0007| appurtenant apparatus as an incident to its primary business of
|
0008| distributing liquefied petroleum fuel; [or]
|
0009|
|
0010| (16) a cable television or community antenna
|
0011| television company which constructs, installs, alters or repairs
|
0012| facilities, equipment, cables or lines for the provision of
|
0013| television service or the carriage and transmission of television
|
0014| or radio broadcast signals; or
|
0015|
|
0016| (17) a person who performs work consisting of
|
0017| short-term depreciable improvements to commercial property to
|
0018| provide needed repairs and maintenance such as painting,
|
0019| carpeting, flooring and similar items if the total amount paid
|
0020| the person for the work on a single undertaking, including
|
0021| materials, services and wages of those who work for him does not
|
0022| exceed the sum of five thousand dollars ($5,000)."".
|
0023|
|
0024| 6. Renumber the succeeding sections accordingly.
|
0025|
|
0001| 7. On page 9, strike lines 12 through 25, on page 10,
|
0002| strike lines 1 through 25, and on page 11, strike lines 1 through
|
0003| 11, and insert in lieu thereof:
|
0004|
|
0005| "Section 7. Section 60-13-58 NMSA 1978 (being Laws 1978,
|
0006| Chapter 194, Section 1, as amended) is amended to read:
|
0007|
|
0008| "60-13-58. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The
|
0009| construction industries commission and division and its trade
|
0010| bureaus are terminated on July 1, [1997] 2005 pursuant to the
|
0011| Sunset Act. The construction industries commission and division
|
0012| and its trade bureaus shall continue to operate according to the
|
0013| provisions of Chapter 60, Article 13 NMSA 1978 and Chapter 70,
|
0014| Article 5 NMSA 1978 until July 1, [1998] 2006. Effective
|
0015| July 1, [1998] 2006, Chapter 60, Article 13 NMSA 1978 and
|
0016| Chapter 70, Article 5 NMSA 1978 are repealed."".
|
0017|
|
0018| 8. Renumber the succeeding sections accordingly.
|
0019|
|
0020|
|
0021|
|
0022| 9. On page 11, line 12, strike "Sections" and insert in
|
0023| lieu thereof "Section".
|
0024|
|
0025| 10. On page 11, line 12, strike "and 60-13-58".
|
0001|
|
0002| 11. On page 11, lines 13 and 14, strike "and Laws 1978,
|
0003| Chapter 194, Section 1".
|
0004|
|
0005| 12. On page 11, line 14, strike "are" and insert in lieu
|
0006| thereof "is".
|
0007|
|
0008|
|
0009| Respectfully submitted,
|
0010|
|
0011|
|
0012|
|
0013|
|
0014| __________________________________
|
0015| Ben D. Altamirano, Chairman
|
0016|
|
0017|
|
0018|
|
0019| Adopted_______________________ Not
|
0020| Adopted_______________________
|
0021| (Chief Clerk) (Chief Clerk)
|
0022|
|
0023|
|
0024| Date ________________________
|
0025|
|
0001|
|
0002| The roll call vote was 6 For 1 Against
|
0003| Yes: 6
|
0004| No: Lyons
|
0005| Excused: Aragon, Carraro, Ingle, Romero
|
0006| Absent: None
|
0007|
|
0008|
|
0009| S0209FC2 .117796.1
|
0010| .117748.1
|
0011| .117734.1 FORTY-THIRD LEGISLATURE
|
0012| FIRST SESSION, 1997
|
0013|
|
0014|
|
0015|
|
0016| October 23, 1997
|
0017|
|
0018|
|
0019| SENATE FLOOR AMENDMENT number to SENATE BILL 209, as
|
0020| amended
|
0021|
|
0022| AMENDMENT sponsored by SENATOR RAWSON
|
0023|
|
0024| 1. Strike Public Affairs Committee Amendment Item No. 1.
|
0025|
|
0001| 2. On page 5, line 4, after the word "be" insert "at
|
0002| least".
|
0003|
|
0004| 3. On page 5, line 4, after the word "percent" insert "but
|
0005| not more than five percent".
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| Senator Rawson
|
0012|
|
0013|
|
0014|
|
0015| Adopted Not Adopted
|
0016|
|
0017| (Chief Clerk) (Chief Clerk)
|
0018|
|
0019|
|
0020| Date
|
0021|
|
0022|
|
0023|
|
0024|
|
0025|
|
0001| S0209FS1 FORTY-THIRD LEGISLATURE
|
0002| FIRST SESSION, 1997
|
0003|
|
0004|
|
0005|
|
0006| October 23, 1997
|
0007|
|
0008|
|
0009| SENATE FLOOR AMENDMENT number to SENATE BILL 209, as
|
0010| amended
|
0011|
|
0012| AMENDMENT sponsored by SENATOR RAWSON
|
0013|
|
0014| 1. Strike Public Affairs Committee Amendment Item No. 1.
|
0015|
|
0016| 2. On page 5, line 4, after the word "be" insert "at
|
0017| least".
|
0018|
|
0019| 3. On page 5, line 4, after the word "percent" insert "but
|
0020| not more than five percent".
|
0021|
|
0022|
|
0023|
|
0024|
|
0025|
|
0001| Senator Rawson
|
0002|
|
0003|
|
0004|
|
0005| Adopted Not Adopted
|
0006|
|
0007| (Chief Clerk) (Chief Clerk)
|
0008|
|
0009|
|
0010| Date
|
0011|
|
0012|
|
0013|
|
0014|
|
0015|
|
0016| S0209FS1 State of New Mexico
|
0017| House of Representatives
|
0018|
|
0019| FORTY-THIRD LEGISLATURE
|
0020| FIRST SESSION, 1997
|
0021|
|
0022|
|
0023| March 15, 1997
|
0024|
|
0025|
|
0001| Mr. Speaker:
|
0002|
|
0003| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
|
0004| been referred
|
0005|
|
0006| SENATE BILL 209, as amended
|
0007|
|
0008| has had it under consideration and reports same with
|
0009| recommendation that it DO PASS, and thence referred to the
|
0010| APPROPRIATIONS AND FINANCE COMMITTEE.
|
0011|
|
0012| Respectfully submitted,
|
0013|
|
0014|
|
0015|
|
0016|
|
0017| Fred Luna, Chairman
|
0018|
|
0019|
|
0020| Adopted Not Adopted
|
0021|
|
0022| (Chief Clerk) (Chief Clerk)
|
0023|
|
0024| Date
|
0025|
|
0001| The roll call vote was 7 For 0 Against
|
0002| Yes: 7
|
0003| Excused: Alwin, Getty, Gubbels, Hobbs, Rodella, Varela
|
0004| Absent: None
|
0005|
|
0006|
|
0007| G:\BILLTEXT\BILLW_97\S0209
|