SENATE BILL 821

46th legislature - STATE OF NEW MEXICO - first session, 2003

INTRODUCED BY

Michael S. Sanchez







AN ACT

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.