FORTY-SIXTH LEGISLATURESB 74/a

SECOND SESSION, 2004

February 3, 2004

Madam President:

    Your FINANCE COMMITTEE, to whom has been referred

SENATE BILL 74

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 1, lines 11 and 12, strike "INCREASING THE ASSESSMENT ON EMPLOYERS;".

    2. On page 6, line 3, through page 8, line 11, strike Section 2 and insert in lieu thereof the following section:

    "Section 2. 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 June 30, 1992 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 ($2.00) 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), 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 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 for the necessary expenses of the workers' compensation administration; provided 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."".

                               Respectfully submitted,

                               __________________________________

                               Ben D. Altamirano, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 8 For 0 Against

Yes:      8

No:       0

Excused: Campos, Carraro

Absent:   None

SB0074FC1                                                  .150245.1