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 G:\BILLTEXT\AMEND_97\S0492LA1