HOUSE BILL 153
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Kelly K. Fajardo
AN ACT
RELATING TO REGULATORY FUNCTIONS; TRANSFERRING THE EMPLOYEE LEASING REGISTRATION DUTIES OF THE REGULATION AND LICENSING DEPARTMENT TO THE WORKFORCE SOLUTIONS DEPARTMENT; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 60-13A-1 NMSA 1978 (being Laws 1993, Chapter 162, Section 1) is amended to read:
"60-13A-1. SHORT TITLE.--[This act] Chapter 60, Article 13A NMSA 1978 may be cited as the "Employee Leasing Act"."
SECTION 2. Section 60-13A-2 NMSA 1978 (being Laws 1993, Chapter 162, Section 2, as amended) is amended to read:
"60-13A-2. DEFINITIONS.--As used in the Employee Leasing Act:
A. "applicant" means a person applying for registration as an employee leasing contractor;
B. "client" means a person who obtains workers through an employee leasing arrangement;
C. "department" means the [regulation and licensing] workforce solutions department;
D. "employee leasing arrangement" means any arrangement in which a client contracts with an employee leasing contractor for the contractor to provide leased workers to the client; provided that "employee leasing arrangements" does not include temporary workers;
E. "employee leasing contractor" means any person who provides leased workers to a client in New Mexico through an employee leasing arrangement;
F. "leased worker" means a worker provided to a client through an employee leasing arrangement; provided that if a worker works and should be classified in any construction class or in any oil and gas well service or drilling class pursuant to provisions of or regulations adopted under the New Mexico Insurance Code, the worker shall be presumed to be a leased worker and the employee leasing contractor that provides the worker shall comply with the provisions of the Employee Leasing Act;
G. "person" means an individual or any other legal entity;
H. "temporary services employer" means an employing unit that contracts with clients or customers to provide workers to perform services for the client or customer and performs all of the following functions:
(1) negotiates with clients or customers for such matters as time, place, type of work, working conditions, quality and price of the services;
(2) determines assignments of workers, even though workers retain the right to refuse specific assignments;
(3) retains the authority to reassign or refuse to reassign a worker to other clients or customers when a worker is determined unacceptable by a specific client or customer;
(4) assigns the worker to perform services for a client or customer;
(5) sets the rate of pay for the worker, whether or not through negotiation; and
(6) pays the worker directly; and
I. "temporary worker" means a worker employed or provided by a temporary services employer to support or supplement another's [work force] workforce in special work situations, such as employee absences, temporary skill shortages, temporary provision of specialized professional skills, seasonal workloads and special temporary assignments, including the production of motion pictures, television programs and other commercial media projects; provided that if a worker who is employed or provided by a temporary services employer works and should be classified in any construction class or in any oil and gas well service or drilling class pursuant to provisions of or regulations adopted under the New Mexico Insurance Code, the worker shall be presumed to be a temporary worker and the temporary services employer that provides the worker shall comply with the provisions of the Employee Leasing Act."
SECTION 3. Section 60-13A-3 NMSA 1978 (being Laws 1993, Chapter 162, Section 3) is amended to read:
"60-13A-3. REGISTRATION AS AN EMPLOYEE LEASING CONTRACTOR REQUIRED AS CONDITION TO DO BUSINESS IN THE STATE.--
A. No person shall do business in the state as an employee leasing contractor unless the person is registered with the department.
B. Registration shall be renewed annually. The renewal date shall be the first day of the month one year after the month in which the initial registration occurred.
C. Applications for initial registration and renewals of registration shall be made on forms supplied by the department and shall contain the information required by Section [6 of the Employee Leasing Act] 60-13A-6 NMSA 1978. The department may by regulation require additional information for initial registration and renewal of registration.
D. Upon initial registration, an employee leasing contractor shall pay a fee to the department of one thousand dollars ($1,000). On the annual renewal date, the employee leasing contractor shall pay an annual renewal fee of one thousand dollars ($1,000).
E. Neither the initial registration fee nor the renewal fee is refundable.
F. If a registered employee leasing contractor does not submit a completed renewal application within thirty days after the annual renewal date, the department shall mail a notice to the contractor by certified mail, return receipt requested, which notice shall inform the contractor that unless the renewal fee is paid within thirty days of the receipt of the notice by the contractor, together with a delinquency charge of five hundred dollars ($500), the contractor's registration shall be canceled. The department shall cancel the registration of any contractor who does not comply with the requirements for payment of a renewal fee and a delinquency charge.
G. The department may retain no more than fifteen percent of fees collected pursuant to the Employee Leasing Act for the purpose of administering the provisions of that act."
SECTION 4. TEMPORARY PROVISION.--
A. On July 1, 2018, all functions, appropriations, money, files, records and other property of the regulation and licensing department relating to the implementation of the Employee Leasing Act are transferred to the workforce solutions department.
B. On July 1, 2018, contractual obligations of the regulation and licensing department pertaining to the implementation of the Employee Leasing Act shall be binding on the workforce solutions department.
C. On July 1, 2018, all references in the law to the regulation and licensing department pertaining to the implementation of the Employee Leasing Act shall be deemed to be references to the workforce solutions department.
SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.
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