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When that didn’t work, those trying to change the law moved to the courts. The way the litigation that brought us here was filed, there wasn’t ever a day in court for those being who will pay the price, quite literally, for it. There appears to be only two options open at the present time. The first is to appeal the ruling to the New Mexico Supreme Court in an attempt to have all or part of it overturned. The deadline for filing for writ with that court is July 22, 2015. Work is being done now to file before that date. A stay of implementation of the Appeals Court ruling will be requested, but there is no guarantee that it will be granted. If granted, a stay would prohibit action on the June 22 ruling until the state Supreme Court has ruled on the case. The second option is to work on legislation, which many legislators are willing to do. We just need to come up with the proper fix. That cannot take place until the Legislature in 2016. Additionally, the trade groups are looking into potential insurance options. There are several self-insured groups in the state as well as commercial insurance. There is a clause in the workers comp statute that says workers comp is required only for those employers who have three or more employees. However, the courts have muddied that issue to the point that we don’t even know what three might be. Bottom line, you need to be looking at coverage now. Then you might ask, how in the heck did we get here? Since the creation of the state’s workers’ compensation system in 1929, New Mexico, like numerous other states, has exempted agriculture from paying workers compensation insurance. When New Mexico’s entire workers comp system was overhauled by the New Mexico Legislature in the early 1990s, the body still saw the reasoning behind and the need for the exemption and retained it. It has long been the policy in this nation to maintain a cheap, yet wholesome, food supply. That policy has resulted in the favorable treatment of agriculture in economic matters. The agricultural sales system is like few others. Food is a commodity. When it is ready to go to market, ranchers and farmers are forced to take the price that is offered on that day. There is no warehouse to stack calves in until the price meets your needs and desires. This is a hard concept to explain to
someone who has always gotten their food at the grocery store or at restaurants without getting their hands dirty or taken any risk other than driving to these establishments. After dealing with the press on the issue recently, I certainly need to improve on the explanation. It is like I am speaking Greek … with all due respect to anyone who speaks Greek, is Greek or comes from Greek heritage or who is likely to become offended by this long-used expression. A group called The New Mexico Center on Law & Poverty (Center) hit New Mexico agriculture’s radar within the last decade. According to its website, it “is dedicated to advancing economic and social justice through education, advocacy and litigation. We work with low-income New Mexicans to improve living conditions, increase opportunities and protect the rights of people living in poverty.”
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Sounds laudable, but what that has really meant is that Center has taken direct aim at agriculture in the guise of people in poverty. The group has made it clear from the beginning that it is after “big” dairies and row croppers. Unfortunately ranchers are acceptable collateral damage. As stated previously, the Center first went to the Legislature and the Workers Compensation Advisory Council. There were many ugly battles and lots of theater. Although they did eventually gain the support of the Advisory Council, the Legislature saw through their tactics. There was a working group mandated by the Legislature that ag representatives participate in for two years to no avail. Some ranchers and farmers already carry workers comp insurance to protect themcontinued on page 42
SHANE BEER
MULTIMEDIA
Pocket Cross Front
ARTIST
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“From Earrings to Necklaces to Pocket Crosses, there is always a Cross for everyone” Pendant
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Shane and Barbee Beer, 38 McWhorter Lane, Lovington, N.M. 88260 (575) 390-0616 • (575) 631-3653 • rshanebeer@gmail.com • rshanebeer.com JULY 2015
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