HOUSE BILL 456 5454TH THLEGISLATURE LEGISLATURE- STATE OF NEW MEXICO - STATEOFNEWMEXICO- FIRST SESSIO,SESSION, 2019 INTRODUCED BY Dayan Hochman-Vigil 6Pursuant 8to 10House ANRule ACT24-1, RELATINGthis TOdocument CONSTRUCTIONincorporates INDUSTRIES;amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

AN ACT RELATING TO CONSTRUCTION INDUSTRIES;

PROHIBITINGh HJCºPROHIBITING A NON-LICENSEE FROM FILING A MECHANIC'S LIEN;

g o PROHIBITING MISREPRESENTATION OF AN EMPLOYEE AS AN INDEPENDENT t hr g e i k CONTRACTOR;

»HJC ESTABLISHING, CLARIFYING AND INCREASING h r i s PENALTIES;

ESTABLISHING TIME LIMITATION FOR COMMENCING h , t, PROSECUTION;

GRANTING PEACE OFFICER POWERS TO CERTAIN e u g e b l e e h EMPLOYEES;

DECLARING e t 17 AN EMERGENCY.

w l n d 18d i = = 19o h l ] b ,d i a º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

ar l i a= r t e rw 20d m a n o SECTION 1.

Section 60-13-52 NMSA 1978 (being Laws 1977, ad t m m: 21 Chapter 377, Section 6, as amended) is amended to read:

b e d s º o t n = .212923.1 s k m e e a n e d r e 22l "60-13-52.u [ A d Chapter 377, Section 6, as amended) is amended to read:

PENALTY--MISDEMEANOR--PROHIBITING"60-13-52. MECHANIC'S c e s k 23 LIEN--TIME LIMITATION FOR COMMENCING PROSECUTIONS--PEACE e a n b 24 OFFICER AUTHORITY.-- u [ A.

[AnyPENALTY--MISDEMEANOR--PROHIBITING ]MECHANIC'S ALIEN--TIME personLIMITATION whoFOR actsCOMMENCING inPROSECUTIONS--PEACE theOFFICER capacityAUTHORITY.-- [as]A. of .212923.1 a contractor within the meaning of the Construction Industries Licensing Act without a license [required by that act ] issued by the division and classified to perform work authorized by the particular trade bureau, and any person who [holds himself out as] represents that the person is able to contract or act 6 in the capacity of a sales representative of or consultant to a [contractor] contracting entity, which [contractor] contracting entity is without a license as required by that act, is strictly liable and guilty of a misdemeanor as defined in Subsection B of Section 30-1-6 NMSA 1978, not a petty misdemeanor, and upon conviction, [therefor] the court shall:

(1)[Any where] theA dollarperson valuewho ofacts in the contractingcapacity work[as] isof [fivea thousandcontractor dollarswithin ($5,000)the ]meaning tenof thousandthe dollarsConstruction ($10,000)Industries orLicensing less,Act sentencewithout thea personlicense pursuant[required toby Subsectionthat Aact of] Sectionissued 31-19-1by NMSAthe 1978division and classified to beperform imprisonedwork [inauthorized by the countyparticular jailtrade forbureau, aand termany ofperson ninetywho days][holds forhimself aout definiteas] termrepresents ofthat lessthe eperson eis 17able thanto onecontract year or toact in the paymentcapacity of a finesales representative of notor [less]consultant moreto ea e[contractor n] dcontracting 18entity, thanwhich [three[contractor] hundredcontracting dollarsentity ($300)is norwithout morea thanlicense fiveas hundredrequired =by =that lact, ]is 19strictly dollarsliable ($500)]and oneguilty thousandof dollarsa ($1,000)misdemeanor oras todefined bothin [such]Subsection aB lof rSection i30-1-6 20NMSA imprisonment1978, andnot finea inpetty themisdemeanor, discretionand ofupon conviction, [therefor] the court;court shall:

andh t(1) e a t (2) where the dollar value of the contracting mu m» 21 e d r e 22 work exceedsis [five thousand dollars ($5,000) ] ten thousand cdollars t h g e rl ci 23($10,000) dollarsor ($10,000),less, sentence the person pursuant to Subsection A h r i s of Section 31-19-1 NMSA 1978 to be imprisoned [in the ecounty ah n, be 24h county jail for a term of sixninety months]days] for a definite term of less t u [g lesse b l e e , gh than one year or to the payment of a fine of tennot percent[less] .212923.1more -n 2d -d ofi the= dollar= valueo ofh thethan contracting[three workhundred dollars ($300) nor more than five hundred l ] b ,d i a º r dollars ($500)] one thousand dollars ($1,000) or to both [such[such] ]e r = t e w d m a n o imprisonment and fine in the discretion of the court.court;

and d m :

b r e t º o t n = .212923.1 s k m e - 2 - e a n e d r e l u [ A d (2) where the dollar value of the contracting work exceeds [five thousand dollars ($5,000) ] ten thousand dollars ($10,000), sentence the person to be imprisoned [in the county jail for a term of six months] for a definite term of less than one year or to the payment of a fine of ten percent of the dollar value of the contracting work or to both [such ] imprisonment and fine in the discretion of the court.

[Any[Any] ] A person who acts in the capacity [as] of a journeyman within the meaning of the Construction Industries certificate Licensing Act without holding a valid journeyman certificate [of competence issued by the division ] for the classification for which the journeyman acts is strictly liable and guilty of a misdemeanor as defined in Subsection B of Section 30-1-6 NMSA 1978, not a petty misdemeanor, and upon conviction [therefor], the court shall sentence the person pursuant to Subsection A of Section 31-19-1 NMSA 1978 to be imprisoned [in the county jail h for a term of ninety days] for a definite term of less than one g o t hr year or to payment of a fine of not [less] more than [one g e i k hundred dollars ($100) nor more than three hundred dollars h r i s ($300)] one thousand dollars ($1,000) or to both [such] h , t, imprisonment and fine in the discretion of the court .

imprisonmente andu fineg ine theb discretionl of the court e e 17h C.

[Any[Any] ] A person who, after having been convicted e e n d 18d i = = o h and sentenced in accordance with the provisions of either = = l ] 19b ,d i a º e Subsection A or [Subsection ] B of this section, is again ar li = r it 20e w d m a n o convicted pursuant to the provisions of this section shall be td e a t sentenced to twice the applicable penalty imposed by the m m: 21 e d r e 22 provisions of this section.

cb e d s º o t n = .212923.1 s k m e - 3 - e a n e d r ce 23l D.u [ A d sentenced to twice the applicable penalty imposed by the provisions of this section.

AHJCº personD. who provides a service without a e a n b 24 license as required by the Construction Industries Licensing u [ Act shall have no right to file or claim a mechanic's lien for .212923.1 - 3 - that service.

A person who provides a service without a license as required by the Construction Industries Licensing Act shall have no right to file or claim a mechanic's lien for that service.

A contractor who reports to a state agency or other client that an employee is an independent contractor or who, for the purposes of a program administered by a state agency, intentionally andandfully willfully treats or otherwise lists 6 an employee as an independent contractor when the employee's status does not meet the standards indicative of an independent contractor is guilty of a misdemeanor as defined in Subsection B of Section 30-1-6 NMSA 1978, not a petty misdemeanor, and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for a h definite term of less than one year or both;

provided that this u » r t h subsection shall not apply to recovery in a tort action or g e l i change the common law interpretation of the term "independent h r i s contractor" as it relates to tort liability.liability.»HJC h , e h t u g [D.] HJCºF.

[D.]D.»HJC F.In the case of a first e b l e e , gh conviction under this section, the court may impose a deferred n d d i = = o h sentence on the condition that the person comply with the l ] b ,d i a º r e r = provisions for licensure pursuant to Subsection D of Section t e w d m a n o 60-13-14 NMSA 1978.

In the case of a first conviction under e e 17 this section, the court may impose a deferred sentence on the e e n d 18m condition: that the person comply with the provisions for = = l ] 19 licensure pursuant to Subsection D of Section 60-13-14 NMSA a l r i 20 1978.

b r e t º o t n = .212923.1 s k m e - 4 - e a tn G.e d r e l u [ A d HJCºG.

E.»HJC A person shall not be prosecuted, tried or m m 21 e d r e 22 punished in any court of this state for a violation of a c e r c 23 provision of this section unless the complaint is filed within e a n b 24 three years from the time the crime was committed.

uHJCºH. [ H.

F.»HJC Division employees who are currently certified .212923.1 - 4 - by the New Mexico law enforcement academy and who have the principal duty to investigate criminal violations of the Construction Industries Licensing Act shall:

(1) have the power of a peace officer with respect to arrests and enforcement of the Construction 6 Industries Licensing Act;

EMERGENCY.--It is necessary for the public h peace, health and safety that this act take effect immediately.

u » r - 5 - 15t eh g e 17l ei h r i s h , e nh dt 18u =g =e b l ]e 19e a, lgh rn id 20d ti e= a= to mh ml 21] eb d,d ri ea 22º cr e r c= 23t e w d m a n bo 24d um [: .212923.1

b r e t º o t n = .212923.1 s k m e e a n e d r e l u [ A d