SENATE BILL 273

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO INSURANCE; AMENDING A SECTION OF THE WORKERS' COMPENSATION ACT TO PROVIDE FOR RECOVERY OF ENFORCEMENT COSTS FROM EMPLOYERS.

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

     SECTION 1. Section 52-1-62 NMSA 1978 (being Laws 1937, Chapter 92, Section 18, as amended) is amended to read:

     "52-1-62. DIRECTOR TO ENFORCE WORKERS' COMPENSATION ACT.--For the purpose of enforcing the Workers' Compensation Act, [there are hereby conferred upon] the director has the following powers and duties:

          A. when any employer subject to the provisions of the Workers' Compensation Act fails to comply with Section 52-1-4 NMSA 1978 relating to the filing of an undertaking in the nature of insurance or security for the payment of benefits under the Workers' Compensation Act, the director is empowered to institute in [his] the director's own name an action in the district court of Santa Fe county or the county where the employer resides or has [his] a principal office or place of business to enjoin the employer from continuing [his] business operations until [he] the employer has complied with the provisions of Section 52-1-4 NMSA 1978, and upon a showing of the facts above recited, the court shall grant such injunction. In any such action, the attorney general or district attorney for the judicial district where the action is brought shall represent the director. The director is empowered to seek reimbursement from the employer of all costs associated with the enforcement of Section 52-1-4 NMSA 1978, including but not limited to the costs of service of process, recording fees and locksmith expenses. Any reimbursement shall be deposited in the workers' compensation administration fund; and

          B. for the purpose of ascertaining the correctness of any reported wage expenditure, the number of [men] persons employed and other information necessary in the administration of the Workers' Compensation Act, the director may, upon [his] the director's own initiative or upon request of any interested party, hold hearings and subpoena all books, records and payrolls of any employer subject to the provisions of the Workers' Compensation Act [which] that show or reflect in any way upon the amount of wage expenditures of such employer or other facts, data or statistics appertaining to the purposes of that act."

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