A. Every employer not domiciled in the state who employs workers engaged in activities required to be licensed under the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978] and every other employer not domiciled in the state who employs three or more workers within the state, whether that employment is permanent, temporary or transitory and whether the workers are residents or nonresidents of the state, shall comply with the provisions of Section 52-1-4 NMSA 1978 and, unless self-insured, shall obtain a workers' compensation insurance policy, or an endorsement to an existing policy, issued in accordance with the provisions of Section 59A-17-10.1 NMSA 1978. An employer who does not comply with the foregoing requirement shall be enjoined from doing business in the state pursuant to Section 52-1-62 NMSA 1978 and shall be barred from recovery by legal action for labor or materials furnished during any period of time in which he was not in compliance with the requirements of this section, and, if the noncomplying employment is in an activity for which the employer is licensed under the provisions of the Construction Industries Licensing Act, the employer's license is subject to revocation or suspension for the violation.

B. The construction industries division of the regulation and licensing department shall promulgate rules and regulations to insure compliance with Subsection A of this section.

History: 1978 Comp., § 52-1-66, enacted by Laws 1988, ch. 119, § 1; 1990 (2nd S.S.), ch. 2, § 27; 2003, ch. 259, § 6.

Repeals and reenactments. — Laws 1988, ch. 119, § 1 repealed 52-1-66 NMSA 1978, as amended by Laws 1986, ch. 22, § 25, and enacted a new section, effective May 18, 1988.

The 2003 amendment, effective June 20, 2003, inserted "enjoined from doing business in the state pursuant to Section 52-1-62 NMSA 1978 and shall be" following "requirement shall be" near the middle of Subsection A.

The 1990 (2nd S.S.) amendment, effective January 1, 1991, in Subsection A, substituted "who employs workers engaged in activities required to be licensed under the Construction Industries Licensing Act and every other employer not domiciled in the state who employs" for "that employs", inserted "Licensing" near the end, and deleted "then" preceding "the employer's license" near the end; and rewrote Subsection B.

No exemption from liability under the act. — This section does not exempt nondomiciled employers employing fewer than three workers in N.M. from liability under the act. Rather, it relieves certain nondomiciled employers from the administrative burden of obtaining a separate workers' compensation insurance policy that complies with New Mexico requirements in the filing documentation with New Mexico workers compensation administration under Section 52-1-4A NMSA 1978. Hammonds v. Freymiller Trucking, Inc., 1993-NMCA-030, 115 N.M. 364, 851 P.2d 486.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 32 to 38.

99 C.J.S. Workmen's Compensation §§ 22 to 25.