HOUSE BILL 82

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Randal S. Crowder

AN ACT

RELATING TO WORKERS' COMPENSATION; REDUCING THE QUARTERLY WORKERS' COMPENSATION ADMINISTRATION FEE IMPOSED ON EMPLOYEES; RESTRICTING THE USE OF MONEY IN THE WORKERS' COMPENSATION ADMINISTRATION FUND.

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

     SECTION 1. Section 52-5-19 NMSA 1978 (being Laws 1987, Chapter 235, Section 52, as amended) is amended to read:

     "52-5-19. FEE FOR FUNDING ADMINISTRATION--WORKERS' COMPENSATION ADMINISTRATION FUND CREATED.--

          A. Beginning with the calendar quarter ending September 30, 2004 and for each calendar quarter thereafter, there is assessed against each employer who is required or elects to be covered by the Workers' Compensation Act a fee equal to two dollars thirty cents ($2.30) multiplied by the number of employees covered by the Workers' Compensation Act that the employer has on the last working day of each quarter. At the same time, there is assessed against each employee covered by the Workers' Compensation Act on the last working day of each quarter a fee of [two dollars ($2.00)] one dollar fifty cents ($1.50), which shall be deducted from the wages of the employee by the employer and remitted along with the fee assessed on the employer. The fees shall be remitted by the last day of the month following the end of the quarter for which they are due.

          B. The taxation and revenue department may deduct from the gross fees collected an amount not to exceed five percent of the gross fees collected to reimburse the department for costs of administration.

          C. The taxation and revenue department shall pay over the net fees collected to the state treasurer to be deposited by [him] the treasurer in a fund hereby created and to be known as the "workers' compensation administration fund". Expenditures shall be made from this fund on vouchers signed by the director and only for the necessary expenses of the workers' compensation administration, [provided] except that an amount equal to thirty cents ($.30) per employee of the fee assessed against an employer shall be distributed from the workers' compensation administration fund to the uninsured employers' fund.

          D. The workers' compensation fee authorized in this section shall be administered and enforced by the taxation and revenue department under the provisions of the Tax Administration Act."

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