0001|                           SENATE BILL 809
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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 CONSTRUCTION INDUSTRIES LICENSING; PROVIDING FOR AN
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0012|     EXEMPTION FROM THE REQUIREMENTS OF PERMITS FOR CERTAIN
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0013|     WEATHERIZATION PROJECTS.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 60-13-45 NMSA 1978 (being Laws 1967,
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0017|     Chapter 199, Section 53, as amended) is amended to read:
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0018|          "60-13-45.  TRADE BUREAUS--PERMITS.--
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0019|               A.  The trade bureaus within their respective
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0020|     jurisdictions may require a permit to be secured and
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0021|     conspicuously posted prior to any construction, installation,
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0022|     alteration, repair or addition to or within any building,
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0023|     structure or premises.
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0024|               B.  No permit shall be required for the performance
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0025|     of any of the following classes of work:
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0001|                    (1)  minor repairs, replacement of lamps, the
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0002|     connection of portable electrical equipment to suitable
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0003|     receptacles <s>[which]</s> <u>that</u> are permanently installed, minor
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0004|     repairs or replacement of or to faucets, taps or jets or
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0005|     connection of portable equipment to suitable connections or
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0006|     inlets <s>[which]</s> <u>that</u> have been permanently installed;
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0007|                    (2)  installation of temporary wiring for
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0008|     testing electrical equipment or apparatus or installation of
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0009|     temporary fixtures or devices for testing fixtures, equipment,
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0010|     apparatus or appliances;
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0011|                    (3)  installation, alteration or repair of
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0012|     electrical equipment for the operation of signals or the
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0013|     transmission of intelligence by wire; <s>[and]</s> <u></u>
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0014|                    (4)  installation or work <s>[which]</s> <u>that</u> is
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0015|     done after regular business hours or during a holiday when
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0016|     immediate action is imperative to safeguard life, health or
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0017|     property, provided the person making the installation or
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0018|     performing the work applies for a permit covering the
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0019|     installation or work not later than the next business day; <u>or</u>
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0020|                    <u>(5)  any weatherization project not exceeding
</u>    |
<u></u>0021| <u>    two thousand dollars ($2,000) that has been approved and is
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<u></u>0022| <u>    administered by a federal or state agency.</u>
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0023|               C.  If a permit has been issued for construction of
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0024|     a new residential building, that residential building shall not
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0025|     be occupied until a certificate of occupancy has been issued
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0001|     certifying compliance with all codes and standards.
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0002|               D.  The commission shall make rules and regulations
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0003|     pertaining to the issuance of permits and the setting of
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0004|     reasonable fees to be paid by the applicant for a permit.  The
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0005|     regulations shall provide a procedure for the issuance of
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0006|     permits outside the corporate limits of a municipality where
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0007|     inspection is made by a state inspector or a municipal
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0008|     inspector serving as a part-time state inspector and for
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0009|     inspections within a municipality where the inspection is done
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0010|     exclusively by a full-time state inspector.  Each trade bureau
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0011|     by regulation may require a reasonable bond or surety in the
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0012|     penal sum of five hundred dollars ($500) or more, but not to
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0013|     exceed <s>[fifteen]</s> <u>one thousand five</u> hundred dollars
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0014|     ($1,500), with such bureau named as obligee and conditioned for
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0015|     the payment of inspection fees provided in the Construction
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0016|     Industries Licensing Act.  Nothing in this section shall
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0017|     preclude municipalities from making inspections in accordance
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0018|     with the Construction Industries Licensing Act or rules and
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0019|     regulations pursuant to that act or from establishing a
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0020|     schedule of fees to be paid by an applicant for a permit.
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0021|               E.  In the event that the division assumes
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0022|     inspections of a municipal or county jurisdiction, the permit
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0023|     fees shall be paid directly to the division."
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0024|                                    
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0025|   
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0001|                      FORTY-THIRD LEGISLATURE
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0002|                        FIRST SESSION, 1997             SB 809/a
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0003|   
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0004|   
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0005|                                               February 25, 1997
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0006|   
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0007|   Mr. President:
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0008|   
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0009|       Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
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0010|   whom has been referred
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0011|   
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0012|                          SENATE BILL 809
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0013|   
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0014|   has had it under consideration and reports same with
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0015|   recommendation that it DO PASS, amended as follows:
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0016|   
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0017|       
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0018|       1.  On page 1, strike lines 16 through 25, on page 2, strike
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0019|   lines 1 through 25, and on page 3, strike lines 1 through 23 and
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0020|   insert in lieu thereof:
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0021|   
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0022|       "Section 1.  Section 60-13-3 NMSA 1978 (being Laws 1978,
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0023|   Chapter 66, Section 1, as amended) is amended to read:
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0024|   
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0025|       "60-13-3.  DEFINITION--CONTRACTOR.--As used in the
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0001|   Construction Industries Licensing Act, "contractor":
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0002|   
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0003|           A.  means any person who undertakes, offers to undertake
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0004|   by bid or other means or purports to have the capacity to
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0005|   undertake, by himself or through others, contracting. 
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0006|   Contracting includes but is not limited to constructing,
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0007|   altering, repairing, installing or demolishing any:
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0008|   
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0009|                (1)  road, highway, bridge, parking area or related
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0010|   project;
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0011|   
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0012|                (2)  building, stadium or other structure;
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0013|   
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0014|                (3)  airport, subway or similar facility;
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0015|   
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0016|                (4)  park, trail, bridle path, athletic field, golf
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0017|   course or similar facility;
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0018|   
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0019|                (5)  dam, reservoir, canal, ditch or similar
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0020|   facility;
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0021|   
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0022|                (6)  sewerage or water treatment facility, power
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0023|   generating plant, pump station, natural gas compressing station
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0024|   or similar facility;
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0025|   
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0001|                (7)  sewerage, water, gas or other pipeline;
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0002|   
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0003|                (8)  transmission line;
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0004|   
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0005|                (9)  radio, television or other tower;
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0006|   
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0007|                (10)  water, oil or other storage tank;
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0008|   
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0009|                (11)  shaft, tunnel or mining appurtenance;
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0010|   
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0011|                (12)  leveling or clearing land;
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0012|   
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0013|                (13)  excavating earth;
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0014|   
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0015|                (14)  air conditioning, conduit, heating or other
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0016|   similar mechanical works;
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0017|   
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0018|                (15)  electrical wiring, plumbing or plumbing
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0019|   fixture, consumers' gas piping, gas appliances or water
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0020|   conditioners; 
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0021|   or
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0022|   
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0023|                (16)  similar work, structures or installations
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0024|   which are covered by applicable codes adopted under the
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0025|   provisions of the Construction Industries Licensing Act;
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0001|   
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0002|           B.  includes subcontractor and specialty contractor; 
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0003|   
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0004|           C.  includes a construction manager who coordinates and
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0005|   manages the building process; who is a member of the construction
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0006|   team with the owner, architect, engineer and other consultants
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0007|   required for the building project; and who utilizes his skill and
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0008|   knowledge of general contracting to develop schedules, prepare
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0009|   project construction estimates, study labor conditions and advise
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0010|   concerning construction; and
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0011|   
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0012|           D.  does not include:
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0013|   
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0014|                (1)  any person who merely furnishes materials or
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0015|   supplies at the site without fabricating them into, or consuming
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0016|   them in the performance of, the work of a contractor;
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0017|   
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0018|                (2)  any person who drills, completes, tests,
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0019|   abandons or operates any petroleum, gas or water well; or
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0020|   services equipment and structures used in the production and
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0021|   handling of any product incident to the production of any
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0022|   petroleum, gas or water wells, excluding any person performing
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0023|   duties normally performed by electrical, mechanical or general
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0024|   contractors; or who performs geophysical or similar exploration
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0025|   for oil, gas or water;
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0001|   
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0002|                (3)  a public utility or rural electric cooperative
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0003|   which constructs, reconstructs, operates or maintains its plant
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0004|   or renders authorized service by the installation, alteration or
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0005|   repair of facilities, up to and including the meters, which
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0006|   facilities are an integral part of the operational system of the
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0007|   public utility or rural electric cooperative; provided that the
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0008|   construction of a building by a public utility or rural electric
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0009|   cooperative or the installation or repair of any consumer gas or
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0010|   electrical appliance not an integral part of the operational
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0011|   system makes a public utility or rural electric cooperative a
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0012|   contractor for that purpose;
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0013|   
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0014|                (4)  a utility department of any municipality or
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0015|   local public body rendering authorized service by the
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0016|   installation, alteration or repair of facilities, up to and
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0017|   including the meters, which facilities are an integral part of
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0018|   the operational system of the utility department of the
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0019|   municipality;
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0020|   
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0021|                (5)  any railroad company;
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0022|   
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0023|                (6)  a telephone or telegraph company or rural
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0024|   electric cooperative which installs, alters or repairs electrical
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0025|   equipment and devices for the operation of signals or the
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0001|   transmission of intelligence where that work is an integral part
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0002|   of the operation of a communication system owned and operated by
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0003|   a telephone or telegraph company or rural electric cooperative in
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0004|   rendering authorized service;
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0005|   
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0006|                (7)  a pipeline company which installs, alters or
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0007|   repairs electrical equipment and devices for the operation of
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0008|   signals or the transmission of intelligence where that service is
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0009|   an integral part of the operation of the communication system of
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0010|   that pipeline company and is not for hire or for the use of the
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0011|   general public, or any pipeline company which installs, alters or
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0012|   repairs plumbing fixtures or gas piping where the work is an
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0013|   integral part of installing and operating the system owned or
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0014|   operated by the pipeline company in rendering its authorized
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0015|   service;
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0016|   
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0017|                (8)  any mining company, gas company or oil company
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0018|   which installs, alters or repairs its facilities, including but
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0019|   not limited to plumbing fixtures or gas piping, where the work is
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0020|   an integral part of the installing or operating of a system owned
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0021|   or operated by the mining company, gas company or oil company;
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0022|   provided the construction of a building by a mining company, a
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0023|   gas company or an oil company is required to be done in
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0024|   conformity with all other provisions of the Construction
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0025|   Industries Licensing Act and with orders, rules, regulations,
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0001|   standards and codes adopted pursuant to that act;
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0002|   
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0003|                (9)  a radio or television broadcaster who
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0004|   installs, alters or repairs electrical equipment used for radio
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0005|   or television broadcasting;
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0006|   
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0007|                (10)  an individual who, by himself or with the aid
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0008|   of others who are paid wages and who receive no other form of
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0009|   compensation, builds or makes installations, alterations or
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0010|   repairs in or to a single-family dwelling owned and occupied or
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0011|   to be occupied by him; provided that the installation, building,
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0012|   alteration or repair is required to be done in conformity with
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0013|   all other provisions of the Construction Industries Licensing Act
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0014|   and with the orders, rules, regulations, standards and codes
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0015|   adopted pursuant to that act;
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0016|   
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0017|                (11)  a person who acts on his own account to build
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0018|   or improve a single-family residence for his personal use,
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0019|   including the building or improvement of a free standing storage
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0020|   building located on that residential property, provided that the
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0021|   construction or improvement is required to be done in conformity
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0022|   with all other provisions of the Construction Industries
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0023|   Licensing Act and with the orders, rules, regulations, standards
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0024|   and codes adopted pursuant to that act, and provided further that
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0025|   he does not engage in commercial construction;
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0001|   
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0002|                (12)  a person who, by himself or with the aid of
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0003|   others who are paid wages and receive no other form of
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0004|   compensation, builds or makes installations, repairs or
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0005|   alterations in or to a building or other improvement on a farm or
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0006|   ranch owned, occupied or operated by him, or makes installations
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0007|   of electrical wiring which are not to be connected to electrical
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0008|   energy supplied from a power source outside the premises of the
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0009|   farm or ranch owned, occupied or operated by him; provided that
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0010|   the state codes and any local codes adopted pursuant to
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0011|   Subsection F of Section 60-13-44 NMSA 1978 shall not require any
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0012|   permits or inspections for such construction on a farm or ranch
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0013|   except for electrical wiring to be connected to a power source
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0014|   outside the premises;
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0015|   
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0016|                (13)  an individual who works only for wages;
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0017|   
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0018|                (14)  an individual who works on one undertaking or
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0019|   project at a time which, in the aggregate or singly, does not
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0020|   exceed seven thousand two hundred dollars ($7,200) compensation a
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0021|   year, the work being casual, minor or inconsequential such as,
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0022|   but not limited to, handyman repairs; provided that this
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0023|   exemption shall not apply to any undertaking or project
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0024|   pertaining to the installation, connection or repair of
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0025|   electrical wiring, plumbing or gas fitting as defined in Section
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0001|   60-13-32 NMSA 1978 and provided:
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0002|   
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0003|                    (a)  the work is not part of a larger or major
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0004|   operation undertaken by the same individual or different
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0005|   contractor;
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0006|   
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0007|                    (b)  the individual does not advertise or
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0008|   maintain a sign, card or other device which would indicate to the
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0009|   public that he is qualified to engage in the business of
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0010|   contracting; and
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0011|   
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0012|                    (c)  the individual files annually with the
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0013|   division, on a form prescribed by the division, a declaration
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0014|   substantially to the effect that he is not a contractor within
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0015|   the meaning of the Construction Industries Licensing Act, that
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0016|   the work he performs is casual, minor or inconsequential and will
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0017|   not include more than one undertaking or project at one time and
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0018|   that the total amount of such contracts, in the aggregate or
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0019|   singly, will not exceed seven thousand two hundred dollars
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0020|   ($7,200) compensation a year;
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0021|   
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0022|                (15)  any person, firm or corporation which
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0023|   installs fuel containers, appliances, furnaces and other
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0024|   appurtenant apparatus as an incident to its primary business of
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0025|   distributing liquefied petroleum fuel; <s>[or]</s>
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0001|   
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0002|                (16)  a cable television or community antenna
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0003|   television company which constructs, installs, alters or repairs
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0004|   facilities, equipment, cables or lines for the provision of
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0005|   television service or the carriage and transmission of television
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0006|   or radio broadcast signals; <u>or
</u>    |
<u></u>0007| <u>  
</u>    |
<u></u>0008| <u>               (17)  any weatherization project not exceeding two
</u>    |
<u></u>0009| <u>  thousand dollars ($2,000) that has been approved and is
</u>    |
<u></u>0010| <u>  administered by a federal or state agency</u>."".
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0011|   
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0012|   
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0013|   
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0014|                                Respectfully submitted,
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0015|   
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0016|   
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0017|   
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0018|                                
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0019|   __________________________________
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0020|                                Roman M. Maes, III, Chairman 
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0021|   
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0022|   
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0023|   
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0024|   Adopted_______________________   Not
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0025|   Adopted_______________________
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0001|             (Chief Clerk)                          (Chief Clerk)
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0002|   
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0003|   
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0004|                     Date ________________________
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0005|   
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0006|   
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0007|   The roll call vote was <u> 8 </u> For <u> 0 </u> Against
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0008|           Yes:    8
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0009|           No:     0
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0010|                Excused:     Fidel, Robinson
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0011|           Absent: None
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0012|   
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0013|   
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0014|   S0809CT1                                            .117456.1
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0015|   
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