1. A. The Public Works Apprentice and Training Act shall be administered by the workforce solutions department. The department shall collect employers' contributions in accordance with that act, review employers' compliance statements, review certified payroll reports to verify training contributions, investigate allegations of and impose penalties for employer noncompliance and disburse funds as provided in Section 13-4D-5 NMSA 1978.
2. B. Public works construction projects shall not be constructed unless an employer agrees to make contributions to approved apprentice and training programs in New Mexico in which the employer is a participant or to the public works apprentice and training fund administered by the workforce solutions department. Contributions shall be made in the same manner and in the same amount as apprentice and training contributions required pursuant to wage rate determinations made by the department.
3. C. In establishing apprentice and training contributions in wage rate determinations for street, highway, bridge, road, utility and light engineering public works construction projects, the workforce solutions department shall set a contribution of zero for any trade classification for which there is no approved apprentice and training program.
4. D. The workforce solutions department shall adopt rules and regulations necessary to implement the provisions of the Public Works Apprentice and Training Act.

History: Laws 1992, ch. 74, § 4; 2024, ch. 5, § 3; 2026, ch. 30, § 1.

ANNOTATIONS

The 2026 amendment, effective July 1, 2026, removed an exception in a provision that requires employers to make contributions to apprentice and training programs, and created an exception for contributions to apprentice and training programs for certain trade classifications that have no approved apprentice and training program; in Subsection B, after "construction projects" deleted "except for street, highway, bridge, road, utility or maintenance contracts with employers who elect not to participate in training"; and added a new Subsection C and redesignated former Subsection C as Subsection D.

The 2024 amendment, effective May 15, 2024, transferred the administration of the Public Works Apprentice and Training Act from the public works bureau of the labor and industrial division of the labor department to the workforce solutions department, and made certain technical and conforming changes; in Subsection A, after "administered by the" deleted "public works bureau of the labor and industrial division of the labor" and added "workforce solutions" after "The", deleted "bureau" and added "department" and after "Section" deleted "5 of the Public Works Apprentice and Training Act" and added "13-4D-5 NMSA 1978"; in Subsection B, after "administered by the" deleted "public works bureau of the labor and industrial division of the labor" and added "workforce solutions" and after "determinations made by the" deleted "director" and added "department"; and in Subsection C, after "The", deleted "director" and added "workforce solutions department".