44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO LABOR; PROVIDING FOR WORKERS' COMPENSATION COVERAGE FOR PUBLIC SCHOOL STUDENTS PARTICIPATING IN "SCHOOL-TO-WORK" AND SIMILAR WORK-STUDY PROGRAMS.

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

Section 1. Section 52-1-3.1 NMSA 1978 (being Laws 1979, Chapter 199, Section 2, as amended) is amended to read:

"52-1-3.1. PUBLIC EMPLOYEE.--

A. As used in the Workers' Compensation Act, unless otherwise provided, "public employee" means:

[any] (1) a person receiving a salary from, and acting in the service of, the state or [any] a county, municipality, school district, drainage, irrigation or conservancy district, public institution or administrative board, including elected or appointed public officers; or

(2) a student sixteen years of age or older who is enrolled as a student in a public school and is also participating in a school district approved "school-to-work" or similar work-study program in which case the student shall be considered an employee of the school district and shall be included in the district's workers' compensation coverage.

B. The term "public employee" does not include an independent contractor."