HOUSE BILL 850

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Ben Lujan

AN ACT

RELATING TO WORKERS' COMPENSATION; REQUIRING INSURANCE COVERAGE FOR NEWSPAPER VENDORS; AMENDING A SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 52-1-22 NMSA 1978 (being Laws 1965, Chapter 295, Section 15, as amended) is amended to read:

     "52-1-22. WORK NOT CASUAL EMPLOYMENT.--As used in the Workers' Compensation Act, unless the context otherwise requires, where any employer procures any work to be done wholly or in part for him by a contractor other than an independent contractor and the work so procured to be done is a part or process in the trade or business or undertaking of [such] the employer, then [such] the employer shall be liable to pay all compensation under the Workers' Compensation Act to the same extent as if the work were done without the intervention of [such] the contractor. A vendor who sells newspapers along or in a public thoroughfare shall not be considered an independent contractor for purposes of coverage under the Workers' Compensation Act. The work so procured to be done shall not be construed to be "casual employment"."

- 2 -