New Mexico 2021 Regular Session Status: Failed

HB 328 — PUBLIC PEACE, HEALTH, SAFETY & WELFARE

Last action — DO NOT PASS, replaced with committee substitute

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

25 added · 35 removed

Plain-language change summary

The revised version of HB 328 clarifies that employee leasing contractors must provide their leased workers with legally required benefits and that certain welfare benefit plans they offer will be treated as if they are from a single employer. This change is important because it ensures that leased employees receive the same level of benefits as those directly employed, helping to protect their rights and welfare. Overall, this amendment aims to enhance protections for workers in leasing arrangements in New Mexico.

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HOUSE BILL 328 55TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Antonio Maestas 6 8 10 AN ACT RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE.
HB0328CES HOUSE COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE SUBSTITUTE FOR HOUSE BILL 328 55th legislature - STATE OF NEW MEXICO - first session, 2021               AN ACT RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
PROVIDING THAT CERTAIN BENEFIT PLANS OFFERED BY AN EMPLOYEE LEASING CONTRACTOR TO THE LEASED WORKERS OF THE EMPLOYEE LEASING CONTRACTOR BE TREATED AS A SINGLE EMPLOYER WELFARE BENEFIT PLAN.
15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .219702.1
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
     SECTION 1.
Section 60-13A-10 NMSA 1978 (being Laws 1993, Chapter 162, Section 10) is amended to read:
     "60-13A-10.
EMPLOYMENT CONTRIBUTIONS--BENEFITS--TAX WITHHOLDING.--           A.
An employee leasing contractor shall provide any benefits required by law to be provided employees by employers.
The employee leasing contractor shall provide to the department proof of any required insurance benefits prior to registration or renewal of registration.
          B.
A fully insured welfare benefit plan offered by an employee leasing contractor to the leased workers of the employee leasing contractor shall be treated for purposes of New Mexico law as a single employer welfare benefit plan." - 2 -
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill modifies the treatment of certain welfare benefit plans offered by employee leasing contractors to be considered as single employer welfare benefit plans under New Mexico law.

  • 60-13A-10

    A fully insured welfare benefit plan offered by an employee leasing contractor to the leased workers of the employee leasing contractor shall be treated for purposes of New Mexico law as a single employer welfare benefit plan.

    It establishes that fully insured welfare benefit plans from employee leasing contractors are viewed as single employer plans.

Action History

  1. DO NOT PASS, replaced with committee substitute

  2. Sent to

  3. withdrawn printed germane prefile

  4. not printed House Rules and Order of Business Committee

Sponsors

  • Antonio Maestas · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 112 not signed on

Sponsors (1)

  • Maestas, Antonio

Co-sponsors (0)

None.

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor health-insurance
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Frequently asked questions

Who sponsors HB 328?
HB 328 is sponsored by Maestas, Antonio.
What is the current status of HB 328?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 328?
Track HB 328 free on One Click Politics — get push/email alerts when it moves.

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