0001|                               AN ACT
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0002| AMENDING AND REPEALING SECTIONS OF THE SUBSEQUENT INJURY ACT; DECLARING
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0003| AN EMERGENCY. 
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0004| 
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0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0006|      Section 1.  Section 52-2-4 NMSA 1978 (being Laws 1961, Chapter
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0007| 134, Section 4, as amended) is amended to read:
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0008|      "52-2-4.  SUBSEQUENT INJURY FUND.--A special fund to be known as
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0009| the "subsequent injury fund" is established for the purpose of carrying
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0010| out the provisions of the Subsequent Injury Act."
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0011|      Section 2.  Section 52-2-5 NMSA 1978 (being Laws 1986, Chapter 22,
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0012| Section 47, as amended) is amended to read:
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0013|      "52-2-5.  PAYMENTS FROM FUND--CLAIMS AGAINST FUND.--
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0014|           A.  The superintendent of insurance may authorize payments
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0015| from the subsequent injury fund for the following purposes, whether or
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0016| not a compensation order has been entered:
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0017|                (1)  the reimbursement to the employer or its insurance
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0018| carrier of the fund's portion of benefits payable to an injured worker
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0019| under the Workers' Compensation Act as apportioned under the Subsequent
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0020| Injury Act;
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0021|                (2)  the payment of fees to attorneys who represent the
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0022| superintendent of insurance and the subsequent injury fund and of fees
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0023| to other professional advisers to the superintendent of insurance in
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0024| connection with the superintendent's administration of the subsequent
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0025| injury fund; and
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0001|                (3)  the payment of any other expenses ancillary to the
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0002| superintendent's administration of the subsequent injury fund.
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0003|           B.  The superintendent of insurance shall be a party to all
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0004| proceedings wherein a compensation order is sought against the superin-
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0005| tendent of insurance and the fund."
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0006|      Section 3.  TEMPORARY PROVISION--SUBSEQUENT INJURY FUND--TRANSFER
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0007| OF FUNDS.--On the effective date of Section 5 of this act, any
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0008| unexpended or unencumbered balance remaining in the subsequent injury
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0009| fund shall be transferred to the general fund.
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0010|      Section 4.  REPEAL.--Sections 52-2-2, 52-2-3, 52-2-6 through 52-2-9, 52-2-11, 52-2-12 and 52-2-14 NMSA 1978 (being Laws 1961, Chapter 134,
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0011| Section 2, Laws 1986, Chapter 22, Section 46, Laws 1975, Chapter 298,
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0012| Section 2, Laws 1961, Chapter 134, Sections 6, 7 and 9, Laws 1986,
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0013| Chapter 22, Section 50, Laws 1961, Chapter 134, Section 12 and Laws
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0014| 1988, Chapter 109, Section 7, as amended) are repealed.
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0015|      Section 5.  DELAYED REPEAL.--Sections 52-2-1, 52-2-4 and 
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0016| 52-2-5 NMSA 1978 (being Laws 1961, Chapter 134, Sections 1 and 4 and
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0017| Laws 1986, Chapter 22, Section 47, as amended) are repealed effective
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0018| July 1, 1999.
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0019|      Section 6.  EMERGENCY.--It is necessary for the public peace,
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0020| health and safety that this act take effect immediately.                 
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0021|                                 
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0022| 
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0023|                                                              HB
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0024| 4
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0025|                                                              Page 
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