A. The risk management division of the general services department shall provide workers' compensation coverage for all public employees, as defined in the Workers' Compensation Act, of all state agencies regardless of the hazards of their employment.

B. The director of the risk management division shall ascertain the most economical means of providing such coverage and may secure a policy or policies of insurance to provide the coverage required. The director of the risk management division shall collect or transfer funds from each agency to cover the agency's respective share of the cost of the coverage.

C. The director of the risk management division shall determine the possibilities for including school districts under uniform coverage and the methods of administration therefor.

D. For purposes of this section, "state" or "state agency" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions.

History: 1953 Comp., § 59-10-2.1, enacted by Laws 1977, ch. 385, § 15; 1978, ch. 166, § 15; 1979, ch. 199, § 1; 1987, ch. 235, § 4.

Repeals and reenactments. — Laws 1977, ch. 385, § 15, repealed former 59-10-2.1, 1953 Comp., relating to coverage by state agencies for workmen's compensation insurance, and enacted a new 59-10-2.1, 1953 Comp.

School district is a political subdivision of the state created to aid in the administration of education, and subject to the immunities available to the state itself. McWhorter v. Board of Educ., 1958-NMSC-015, 63 N.M. 421, 320 P.2d 1025.

School district subject to act. — Although a school district is subject to the provisions of the Workmen's [Workers'] Compensation Act, there is no authority to support the contention that a suit can be brought without the consent of the state. McWhorter v. Board of Educ., 1958-NMSC-015, 63 N.M. 421, 320 P.2d 1025.

Applicability of exclusivity rule. — Employees of the public defender's department who were injured in the course of their employment were employees of the state for purposes of the exclusive remedy provisions of the Workers' Compensation Act, and the exclusivity rule applied to tort claims asserted against the State Highway Department by such employees. Singhas v. N.M. State Hwy. Dep't, 1995-NMCA-089, 120 N.M. 474, 902 P.2d 1077, aff'd, 1997-NMSC-054, 124 N.M. 42, 946 P.2d 645.

Because the State Highway Department is not recognized by law as a legal entity distinct from the state itself, the state could not be both employer and third party tortfeasor in an action against the Highway Department by employees of the public defender's department who were injured while traveling in the course of their employment, and the "dual persona" doctrine did not apply to extend immunity to Highway Department under the exclusive remedy provisions of the Workers' Compensation Act. Singhas v. N.M. State Hwy. Dep't, 1995-NMCA-089, 120 N.M. 474, 902 P.2d 1077, aff'd, 1997-NMSC-054, 124 N.M. 42, 946 P.2d 645.

Public officer not entitled to benefits. — Prior to 1972, members of the New Mexico state labor and industrial commission, the state fair commission, the racing commission and the livestock board, were all public officers, not employees, and not entitled to benefits under this act. 1968 Op. Att'y Gen. No. 68-109.

School bus drivers in San Miguel county are employees of county so as to come within the provisions of the Workmen's [Workers'] Compensation Act. 1959-60 Op. Att'y Gen. No. 60-202.

Volunteer fire department. — The village of Hatch need not pay premiums upon insurance for workmen's [workers'] compensation coverage for personnel of the volunteer fire department. 1956 Op. Att'y Gen. No. 56-6505.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 59, 60.

Constitutional or statutory provisions referring to "employees" as including public officers, 5 A.L.R.2d 415.

99 C.J.S. Workmen's Compensation §§ 27 to 37.