A. After consulting with the New Mexico film division of the economic development department, the industrial training board shall promulgate rules for development funding for film and multimedia production companies. The rules shall provide:

(1) for preapproval by the New Mexico film division of personnel who:

(a) are New Mexico residents;

(b) have participated in on-the-job training or attended a training course sponsored in part by an accredited educational institution in New Mexico or by the New Mexico film division; and

(c) have been certified as film and multimedia trainees by the New Mexico film division;

(2) for submission to the New Mexico film division of the economic development department by a film or multimedia production company, after completing production in New Mexico, of employment, salary and related information concerning those personnel who have been:

(a) approved by the New Mexico film division pursuant to Subsection A of this section; and

(b) employed by the production company in a film or multimedia production in New Mexico;

(3) after approval by the New Mexico film division, for reimbursement from the development training fund to the production company of fifty percent of the salaries paid to the personnel for whom information is submitted pursuant to Paragraph (2) of this subsection; and

(4) that the reimbursement shall be made by the New Mexico film division without further action or approval of the industrial training board.

B. The New Mexico film division of the economic development department shall establish a film and multimedia preemployment training program to furnish qualified manpower resources for the film and multimedia industry. The New Mexico film division shall adopt rules implementing the preemployment training program.

History: Laws 2003, ch. 353, § 2; 2005, ch. 102, § 2.

The 2005 amendment, effective April 4, 2005, provided in Subsection A(1)(b) that the rules shall provide for pre-approval of personnel who have participated in on-the-job training; deleted the labor department as a sponsor of training courses in Subsection A(1)(b); changed "economic development division" to "New Mexico film division" in Subsection A(2), (3) and (4); and added Subsection B which provides for a film and multimedia pre-employment training program.

Compiler's notes. — Laws 2005, ch. 102, is contingent upon an "appropriation for development training in the General Appropriations Act of 2005". The General Appropriations Act of 2005 does not provide for an appropriation for development training, but rather authorizes use of cash balances in the "development training fund". The actual appropriation of funds from the "development training fund" is provided by 21-19-11 NMSA 1978 and not the General Appropriations Act of 2005. Section 21-19-11 NMSA 1978 provides that "Money appropriated to the fund or accruing to it through gifts, grants, repayments or bequests shall not be transferred to any other fund or be encumbered or disbursed in any manner except as provided in Section 21-19-7 NMSA 1978." Laws 2005, ch. 33, Subsection D of § 4 of the General Appropriations Act of 2005 provides as follows: "Notwithstanding Section 21-19-7 NMSA 1978 and Section 21-9-7.1 NMSA 1978, the economic development department may use up to five percent of the cash balances in the development training fund as of December 31, 2004 for skill-enhancement training and pre-employment training programs for the film and multimedia industry." This is not actually an appropriation by an authorization to use funds appropriated by Section 21-19-11 NMSA 1978. The prohibition against using funds for another purpose is found in 21-19-11 NMSA 1978 and not 21-19-7 or 21-9-7 NMSA 1978.