46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO LAW ENFORCEMENT; PROVIDING THAT THE NEW MEXICO MOUNTED PATROL MAY RENDER ASSISTANCE TO THE HOMELAND SECURITY DEPARTMENT; AMENDING A SECTION OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 29-6-5 NMSA 1978 (being Laws 1941, Chapter 149, Section 6, as amended) is amended to read:
"29-6-5. MOUNTED PATROL--AID TO LAW ENFORCEMENT
AGENCIES--[WORKMEN'S] WORKERS' COMPENSATION.--
A. Members of the New Mexico mounted patrol may be
detailed to assist and render aid in specific instances
involving law enforcement or other matters when request is made
for [such] assistance and aid by the New Mexico state police,
the homeland security department or other state or local law
enforcement agencies. When acting upon such a call, members
shall be deemed to be the agents or deputies of the authority
issuing [such] the request, shall be possessed of the same
powers and duties as [such] the requesting authorities and
shall be completely covered by the [Workmen's] Workers'
Compensation Act if the employer's insurance policy is endorsed
to clearly show that its coverage extends to the claimant.
B. For purposes of calculating the amount of any
mounted patrol member's disability or death benefits pursuant
to the [Workmen's] Workers' Compensation Act, the member's
average weekly wages shall be deemed to be the average weekly
wages the member was receiving from any and every employer,
regardless of whether the member's employment with [such] the
employer was covered in fact by the [Workmen's] Workers'
Compensation Act. The degree of disability, if any, shall be
determined on the basis of the member's disability in regard to
such other employment.
C. If a mounted patrol member is covered by
[workmen's] workers' compensation coverage pursuant to
Subsection A of this section, the [Workmen's] Workers'
Compensation Act shall be his exclusive remedy against the
mounted patrol and the supervising law enforcement agency for
any injury or death proximately caused by accident arising out
of and in the course of the member's duties."
Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.