State of New Mexico
                      House of Representatives
  
                      FORTY-THIRD LEGISLATURE
                        FIRST SESSION, 1997
  
  
                                                                 
  
  
  Mr. Speaker:
  
       Your             State of New Mexico
                      House of Representatives
  
                      FORTY-THIRD LEGISLATURE
                        FIRST SESSION, 1997
  
  
                                                   March 19, 1997
  
  
  Mr. Speaker:
  
       Your LABOR AND HUMAN RESOURCES COMMITTEE, to whom
  has been referred
  
                 SENATE BILL 492, as amended
  
  has had it under consideration and reports same with
  recommendation that it DO PASS, amended as follows:
  
       1.  Strike all Senate Corporations and Transportation
  Committee amendments in their entirety.
  
       2.  On page 14, line 25, and on page 15, lines 1 through 6,
  strike Subparagraph (q) in its entirety, and insert the following
  new subparagraph:
  
                   "(q) service performed for a private, for-profit
  person or entity by an individual as a product demonstrator or
  product merchandiser if the service is performed pursuant to a
  written contract between that individual and a person or entity
  whose
  principal business is obtaining the services of product
  demonstrators and product merchandisers for third parties, for
  demonstration and merchandising purposes and the individual: 1) is
  compensated for each job or the compensation is based on factors
  related to the work performed; 2) provides the equipment used to
  perform the service, unless special equipment is required and
  provided by the manufacturer through an agency; 3) is responsible
  for completion of a specific job and for any failure to complete the
  job; 4) pays all expenses, and the opportunity for profit or loss
  rests solely with the individual;  and 5) is responsible for
  operating costs, fuel, repairs and motor vehicle insurance.  For the
  purpose of this subparagraph, "product demonstrator" means an
  individual who, on a temporary, part-time basis, demonstrates or
  gives away samples of a food or other product as part of an
  advertising or sales promotion for the product and who is not
  otherwise employed directly by the manufacturer, distributor or
  retailer, and "product merchandiser" means an individual who, on a
  temporary, part-time basis builds or resets a product display and
  who is not otherwise directly employed by the manufacturer,
  distributor or retailer; or".,
  
  and thence referred to the JUDICIARY COMMITTEE.
  
                                Respectfully submitted,
  
  
  
                                                                 
                                                              Rick Miera, Chairman
  
  
  Adopted                       Not Adopted                       
            (Chief Clerk)                       (Chief Clerk)
  
                         Date             
  
  The roll call vote was 5  For 0  Against
  Yes:      5
            Excused:  Gentry, Marquardt, S. Williams
            Absent:   None
  
  
  .119127.1
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