SENATE BILL 255

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Jacob R. Candelaria

AN ACT

RELATING TO UNEMPLOYMENT; CLARIFYING THE DEFINITION OF "EMPLOYMENT" IN THE UNEMPLOYMENT COMPENSATION LAW.

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

     SECTION 1. Section 51-1-44 NMSA 1978 (being Laws 1977, Chapter 227, Section 6, as amended) is amended to read:

     "51-1-44. ADDITIONAL DEFINITIONS.--

          A. For purposes of the Unemployment Compensation Law:

                [A.] (1) "employment" means service performed by an individual in the employ of a governmental entity unless such service is performed by an individual in the exercise of [his] the individual's duties:

                     [(1)] (a) as an elected official;

                     [(2)] (b) as a member of a legislative body or a member of the judiciary of a governmental entity of this state;

                     [(3)] (c) as a member of the national guard or air national guard;

                     [(4)] (d) as an employee serving on a temporary basis in case of fire, snow, earthquake, flood or similar emergency; or

                     [(5)] (e) in a position which, under or pursuant to state law, is designated as: [(a)] 1) a major [non-tenured] nontenured policymaking or advisory position; or [(b)] 2) a policymaking or advisory position the performance of the duties of which ordinarily does not require more than eight hours per week;

                [B.] (2) "governmental entity" means the state or any political subdivision thereof, or any instrumentality of any one or more of the foregoing [which] that is wholly owned by one or more states or political subdivisions;

                [C.] (3) "local public body" means all political subdivisions of the state or any of their agencies, instrumentalities and institutions or any county hospitals or outpatient clinics thereof, leased to, or operated under an agreement with, a state educational institution named in Article 12, Section 11 of the constitution of New Mexico. The term "local public body" shall not be construed to mean school districts; and

                [D.] (4) "state" or "state agency" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions and all school districts of this state.

          B. As used in this section:

                (1) "advisory" means that the duties of the individual in the position include counseling and advising government entities and officers with respect to policy, program and administration even if the position does not have the authority to implement recommendations resulting from the advice or counsel;

                (2) "major" means that the duties of the individual in the position are significant or conspicuous in scope and have a substantial impact on the programs, operations or budget of a governmental entity, organization or political entity;

                (3) "nontenured" means that the individual's position is at-will and is not subject to merit system or civil service law or rules with respect to duration of appointment to the service; and

                (4) "policymaking" means that the duties of the individual in the position include determining the direction, emphasis and scope of action in the development and administration of governmental programs."

- 3 -