2021 New Mexico Statutes
Chapter 50 - Employment Law
Article 7 - Apprenticeship
Section 50-7-3 - Apprenticeship council.
An "apprenticeship council", hereinafter referred to as the council, shall be appointed by the director of the labor and industrial division of the department of labor without regard to any other provisions of law regarding the appointment and compensation of employees of the state. It shall consist of three persons known to represent employers, three persons known to represent labor organizations, three public representatives and shall include, as ex-officio members without vote, the director of the labor and industrial division and the state supervisor of trade and industrial education. Persons appointed to the council must be familiar with apprenticeable occupations. The terms of office of the members of the council first appointed shall expire as designated by the director at the time of making the appointment: one representative each of employers, labor organizations and the public being appointed for one year; one representative each of employers, labor organizations and the public being appointed for two years and one representative each of employers, labor organizations and the public being appointed for three years. Thereafter, each member shall be appointed for a term of three years. Any member appointed to fill a vacancy occurring prior to the expiration of the term of his predecessor shall be appointed for the remainder of that term. Members of the council not otherwise compensated by public money shall be reimbursed for their official duties in accordance with the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] for attendance at not in excess of twelve meetings per year.
History: 1953 Comp., § 59-7-15, enacted by Laws 1957, ch. 219, § 3; 1977, ch. 252, § 28; 1978, ch. 134, § 2; 1979, ch. 204, § 11; 1991, ch. 198, § 1.
ANNOTATIONSCross references. — For the Public Works Apprenticeship and Training Act, see 13-4D-1 NMSA 1978 et seq.
For the Apprenticeship Assistance Act, see 21-19A-1 NMSA 1978 et seq.
The 1991 amendment, effective June 14, 1991, in the first sentence, substituted "director of the labor and industrial division of the department of labor" and "director of the labor and industrial division" for "commissioner of labor" in two places and substituted "labor organizations, three public representatives" for "employees, two public representatives" and rewrote the fourth sentence which read "The terms of office of the members of the council first appointed shall expire as designated by the commissioner at the time of making the appointment: One representative each of employers, employees and the public being appointed for one year; one representative each of employers, employees and the public being appointed for two years; and one representative each of employers, and employees for three years".
Legislative intent to compensate. — The legislature intended to limit the individuals "not otherwise compensated by public money" to those who are members of the council as a direct result of their particular public office and not those members of the council who are public servants serving the council on a voluntary basis. 1964 Op. Att'y Gen. No. 64-99.
University professor compensable council member. — Since a university professor is not a member of the council as a direct result of his position with the state, he is not already compensated by public money for his services as a member of the council and he may be paid necessary traveling and other expenses while engaged in the performance of his duties to the same extent as prescribed by law for officials of the state. 1964 Op. Att'y Gen. No. 64-99.
