National Utility Contractors Association of New Mexico
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2014 PLATINUM SPONSORS

 

AUI New Logo

  

 
RMCI LOGO

 TLC Logo1
 
 
2014 Gold Sponsor
  
 
 
NEW CONCEPTS Inc


2014 Silver Sponsor
 
Highway Supply LLC

BlueLine Rental 


  

 




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NUCA of NM Newsletter
                   
March 2014 

From the Executive Director's Desk
Greetings Members!!  

American Flag 

 

 

March has arrived and that means that the NM Legislative Session is behind us for another year. It is an honor and pleasure to represent our industry in Santa Fe as your lobbyist. Thank you for entrusting me this task which I enjoy very much albeit quite frustrating sometimes. Although there were essentially over 1000 bills introduced during this 30 day session, it was relatively tame compared to previous years. There will be bills coming back in 2015 that didn't make it through the process this year - some good, some bad, but we'll be prepared for them. Thank you to all who sent emails and made phone calls in response to my requests for action; your voice did make a difference! The best news coming out of the session for our industry was the allocation of $89 Million for water and wastewater projects throughout the state. Hopefully this will provide projects that will keep our industry working and get our people back to work. Scroll down for a more comprehensive review of the highlights during the session. 

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Thanks to New Concepts Inc. who is a Gold Sponsor again this year and also BlueLine Rental (formally Volvo Rents) who is a Silver Sponsor. 


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Welcome New Members 2014

J&H Services Inc. 
Bobcat of Albuquerque 
MP Group, Inc.
I.P.R.
Power Equipment Company 

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The NUCA of NM Safety Awards Applications will be going out next week. I encourage you to send in the application for your company. Recognition and awards will take place at the mid-year social event on June 19, 2014 at El Pinto for dinner.

Also, the Zia Partnership renewals and applications will be going out next week. Remember, we have three levels so your company can fit nicely into this program. 

 

Jane Jernigan, Executive Director

NUCA of NM

505 888 0752 Phone

505 362 8950 Cell 

505 884 0668 Fax

nucanm@nucanm.org Email 

 

 

 

  

 

NUCA of NM is on Facebook!! This page will be used for announcements and posting pictures from events. It'll also have links to articles, newsletters, and online registration. CLICK HERE to view our page and "Like Us" on Facebook. 

 

**You do not have to be a member of Facebook to see pictures and postings**

 

  
NUCA of NM Wins National Awards 
NUCA's William H. Feather Safety Award Winners

200,000 - 500,00 Man Hours Category 

WINNER: RMCI INC. 

Honorable Mention: AUI INC

2013 NUCA Chapter Awards of Excellence

NUCA of NM for Legislative/Government Affairs 
(for our work that successfully repealed the CWA in Santa Fe) 

Outstanding Leadership by A Chapter President
Honorable Mention: Steve Moore, RMCI Inc. NUCA of NM President 

Jeffrey Hanson Memorial Award 
for Outstanding Contribution by a Chapter Executive
Jane Jernigan, NUCA of NM's Executive Director 

Congratulations to RMCI, INC., AUI Inc. and our NUCA of NM Chapter! 



March 2014 Dates

 

March 

  •   03/10/2014 Membership Committee 9am
  •   03/11/2014 Construction Industry Crime Alliance (CICA) 10:30am at APD      Training Academy 
  •   03/12/2014 Safety Committee 8am
  •   03/13/2014 Planning Committee 8am 
  •   03/13/2014 Education Committee 9:15am
  •   0320/2014 Board of Directors Meeting 
Membership Meeting  
 
The February Membership Meeting was well attended and speaker Lt. Governor John Sanchez gave a comprehensive report on the recent New Mexico Legislative Session. The grandest news for our industry coming out of the session this year is the $89 Million for water and wastewater projects throughout New Mexico. NUCA of NM's top priority was to advocate for this spending at 60% of the Capital Outlay funds for 2014 and we are very pleased with the outcome. 
Governor Martinez still has some time to sign or veto bills, but for the most part, there was no legislation passed that would be detrimental to business or industry. Of course, there were several bills that would have been good that were killed in committee and some bills that would have been particularly detrimental that were killed by hard work. See more on legislative wrap-up below. 
2014 NM Legislative Session  Highlights 

2014 Regular Session Capital Outlay

 

 

Bill NumberTitleSponsorActions
*HB 552014 WORK NM ACT- SEVERANCE TAX BOND PROJECTSJim R. Trujillo  HPREF [2] HTRC/HAFC-HTRC [13] DNP-CS/DP-HAFC- w/drn [14] fl/a- PASSED/H (65-0) [19] tbld/S- w/drn - fl/a- PASSED/S (42-0) [20] h/cncrd
*SB 53GENERAL OBLIGATION BOND PROJECTSCarlos R. Cisneros SPREF [2] SCC/SFC-SCC-germane-SFC [11] DNP-CS/DP - PASSED/S (40-0) [13] HTRC- DP [14] PASSED/H (64-0)
*SB 163CAPITAL OUTLAY REAUTHORIZATIONSCarlos R. Cisneros [2] SCC/SFC-SCC-germane-SFC [15] DNP-CS/DP [17] PASSED/S (39-0) [13] HTRC [14] DP [20] PASSED/H (66-0)

Charts For Capital Outlay Bills

 

 

Wage Bills

HB 54 - WAGE CLAIM ACTION COURT COSTS 
House Bill 54 would amend the Employment Law Act (NMSA 1978, section 50-4-12) to exempt the director of the Labor Relations Division of WSD from paying court costs or filing fees when the director brings a wage claims action. DID NOT PASS

HB 115 - WAGE FRAUD INVESTIGATIONS & PROCEDURES  
This bill aimed to curtail wage fraud but was adamantly opposed by construction industry groups because it required additional fees and mandatory jail time. It also extended record keeping of wages to four years (currently at one). NUCA of NM met with assistant attorney general to discuss this bill and requested it be pulled and worked on during the interim. Changes and concessions were made but not enough to warrant support from NUCA of NM. The bill died before it could be heard in the Senate Judiciary Committee. We'll be working with the sponsor of this bill during the interim because it will be re-introduced next year. DID NOT PASS 
 
HJR 9 - ANNUALLY INCREASING MINIMUM WAGE, CA 
House Joint Resolution 9 proposes adding a new section to Article 20 of the Constitution of New Mexico to require that, effective July 1, 2015, the state minimum wage rate in effect on January 1, 2014 be increased in an amount equal to the total increase in the cost of living from January 1, 2009 through the date of the election in which this amendment is adopted. The minimum wage would then be adjusted annually to account for increases in the cost of living. The minimum wage may not be adjusted downward due to a reduction in the cost of living.There were several bills for raising minimum wage and none passed. DID NOT PASS

Worker's Compensation Bills* 
 
HB 113 WORKERS' COMP PAYMENT FOR INTENT OR DRUG USE  

WORKERS' COMP PAYMENT FOR INTENT OR DRUG USE  
House Bill 113 (HB 113) bars indemnity or medical benefits otherwise payable under the  Workers' Compensation Act (the Act) when a worker's injury or death was "willfully caused by  the worker or intentionally inflicted by the worker" or when alcohol or drugs contribute to any  degree to injury or death. This bill died as expected in the House Labor Committee where it was opposed by union representatives. 

  

HB 290  WORKERS' COMP BENEFITS & INTOXICATION  
House Bill 290 clarifies the provision barring worker's compensation when the injury was willfully self-inflicted by the worker. It also imposes a new standard to be employed as to the existing bar to compensation when an injury to or death of a worker is due solely to the worker's intoxication, which is when test results for intoxication are in excess of the Department of Transportation's cutoff concentrations for intoxicating substances, unless the intoxicating substance had been prescribed or administered to the worker as authorized by a licensed practitioner. This bill also died as expected in the House Labor Committee. DID NOT PASS
 
* The House Labor and Human Resources Committee was split 4-4 on these bills which essentially kills the bill. The votes ran down party lines with the Democrats voting no and the Republicans voting yes. The Democrats voted no because these bills were not vetted through the Worker's Compensation Advisory Council which has not met in the interim because certain groups were not pleased with Governor Martinez' appointment to the council. It was stated however that these differences have been resolved and the Worker's Compensation Advisory Council will meet during the interim and may weigh-in on legislation for the 2015 NM Legislation Session. NUCA of NM will attend these meetings. 
 
OTHER BILLS:
 
HB 182 MOVE APPRENTICESHIP ASSISTANCE PROGRAM -- PASSED  
HB 210 REDUCE CORPORATE INCOME TAX -- DID NOT PASS 
HB 315 HIGHWAY DISTRICT PROJECT FUND -- DID NOT PASS 
HB 321 REPEAL CAPITAL GAINS DEDUCTION -- DID NOT PASS 
HCR 1 WEBCAST INTERIM COMMITTEE MEETINGS -- DID NOT PASS 
HM 1 MILITARY & VETERANS' AFFAIRS COMMITTEE WORK --PASSED 
SB 9 ONE-STOP BUSINESS PORTAL ACT -- PASSED & Signed by Gov on 03/06/2014
SB 211 WORKERS' COMP PAYMENT FOR INTENT OR DRUG USE --DID NOT PASS  

 

NUCA of NM's focus in Santa Fe is to support legislation that:

  •  Promotes jobs
  •  Funds projects
  •  Protects business
  •  Provides common sense tax reform and changes to the tax code as is relates to business
  •  Promotes safety aligned with industry best practices
  •  Is business friendly
  •  Helps promote economic growth through strengthening small business 
  •  Benefits our industry

 

Volunteer Day 

 ALL Welcome, please RSVP by calling Jane at 505 888 0752 or online at: www.nucanm.org/event.html 

 

 

 

Albuquerque Bernalillo County Air Quality Control Board 
The Southwest Organizing Project has submitted a Petition to the Albuquerque Bernalillo County Air Quality Control Board that would require the following when applying for a permit: 
  •  The petition requires any person seeking an application for an air permit under the AQCA would be required to pay for a "cumulative impact analysis" consisting of twelve months of air quality monitoring for specified air emissions within a five mile radius of the proposed project, as well as a detailed health effects study and cumulative analysis.
  •  A detailed health effects study and cumulative effects analysis also would have to be conducted as part of the cumulative impact analysis and related application process. 
  • The proposed regulation (from the petition) would also confer a private right of action upon "any person having an interest that is or may be adversely affected by a project or proposed project." In any private action, attorney's fees could be awarded by court. 

 Exorbitant costs of compliance for submitting an application for a permit, and the delay of the project while monitoring, testing and analysis is being done, will stifle growth and improvements in these communities. The negative economic impact on growth, infrastructure improvements and  jobs in the area would be devastating. NUCA of NM has joined a plethora of construction industry groups in opposition of this harmful proposed regulation and has submitted a letter of opposition to the AQCB. 

  

NUCA of NM will also voice opposition at the AQCB meeting on March 12, 2014. If you are interested in attending the details are below: 

 When

Mar 12, 2014
05:30 PM - 09:00 PM

Where

Vincent E. Griego Chambers
1 Civic Plaza NW
AlbuquerqueNM 87102

Description

AQCB Draft Agenda, March 12, 2014   (Item #4) 

Worker's Compensation Self-Insured Group
NUCA of NM has entered into an agreement with AGC New Mexico to qualify NUCA of NM members to participate in the worker's compensation self-insured group*, Worker's Comp Trust. This is an opportunity for NUCA of NM to join the self-insured group without imposing additional requirements such as membership dues. 

The New Mexico Contractors Comp Trust Self-Insurance Fund is a service sponsored by AGC New Mexico, and is a separate not-for-profit organized and established under the laws of the State of New Mexico.  The Trust was created to provide care for our members' work-related injuries, safety and loss control services, OSHA inspection assistance, employee safety training, comprehensive recordkeeping and more.

All Worker's Comp Trust services are designed to assist participants in controlling work-related accidents and providing a long-term, stable solution to quality workers' compensation coverage.

When losses are reduced, company costs are reduced. Because the NM Contractors Comp Trust is owned by its participants, they share in the monies not allocated to losses or operational expenses.

The benefits that this Worker's Comp Trust provides are a result of our specialization, focus and understanding of the unique needs of the participants. Some of these benefits are:

The NM Contractors Comp Trust has proven that focusing on superior safety practices drives down the frequency of losses and their associated costs. These loss control programs are available to each and every participant, and are instrumental in creating safer working environments.

  • Lower costs from efficiency in localized claims' handling operations
  • Stabilized premiums
  • "Buy Back" options that could lower experience modifiers
  • High quality, specialized safety and loss control programs
  • Participatory and pro-active claims management to help your injured employees
  • Unique safety incentive program

The NM Contractors Comp Trust has partnered with Adjusting Alternatives as a Third Party Administrator. A local workers' compensation TPA, they are keenly aware of the special needs of associations and their members and were selected for their responsiveness, customized solutions and personalized services.

Call or contact us today and learn how the NM Contractors Comp Trust is contributing to the profitability of New Mexico's premier builders. 505 888 0752 

 

*Certain requirements for participation. 

 

NUCA of NM