A. State employment service. The New Mexico state employment service, created by Chapter 15, Special Session Laws of 1934 [50-8-1, 50-8-2 NMSA 1978], together with its existing personnel and all of its records, files and property, including office equipment and the unexpired balance of any appropriation, is hereby transferred to the department, and any money available for such offices is hereby transferred and made available to the department for the purpose of maintaining the New Mexico state employment service.

The department in the conduct of such service shall establish and maintain free public employment offices in such manner and in such places as may be necessary for the proper administration of this act and for the purposes of performing such duties as are within the purview of the act of congress entitled "An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system and for other purposes," approved June 6, 1933 (48 Stat. 113, U.S.C.A. Title 29, Section 49 (c)), as amended. It shall be the duty of the department to cooperate with any official or agency of the United States having powers or duties under the provisions of the said act of congress, as amended, and to do and perform all things necessary to secure to this state the benefits of the said act of congress, as amended, in the promotion and maintenance of a system of public employment offices. The provisions of the said act of congress, as amended, are hereby accepted by this state, in accordance with Section 4 of said act, and this state will observe and comply with the requirements thereof. The department is hereby designated and constituted the agency of this state for the purposes of said act. The department may cooperate with or enter into agreements with the railroad retirement board with respect to the establishment, maintenance, and use of free employment service facilities.

B. Financing. All money received by this state under the said act of congress as amended, shall be paid into the unemployment compensation administration fund. For the purpose of establishing and maintaining free public employment offices, the department is authorized to enter into agreements with the railroad retirement board, or any other agency of the United States charged with the administration of an unemployment compensation law, with any political subdivision of this state, or with any private, nonprofit organization, and as a part of any such agreement the department may accept money, services or quarters as contribution to the unemployment compensation administration fund. Money hereby made available to the department [is] to be expended as provided by this section and by said act of congress.

History: Laws 1936 (S.S.), ch. 1, § 12; 1939, ch. 175, § 6; 1941 Comp., § 57-812; Laws 1941, ch. 205, § 8; 1953 Comp., § 59-9-12; Laws 1979, ch. 280, § 36.

Bracketed material. — The bracketed material was added by the compiler and is not part of the law.

Cross references. — For "the act of congress" referred to in the second paragraph of Subsection A, see 29 U.S.C. §§ 49 to 49k. For Section 4 of said act, see 29 U.S.C. § 49c.

Compiler's notes. — The term "this act," referred to in the first sentence of the second paragraph of Subsection A, refers to Laws 1936 (S.S.), ch. 1, which was compiled as 51-1-1, 51-1-3, 51-1-7, 51-1-8, 51-1-18, 51-1-19, 51-1-33, 51-1-34, 51-1-36 to 51-1-38, 51-1-40 to 51-1-42, 51-1-50, 51-1-52 and 51-1-53 NMSA 1978.

Laws 1982, ch. 41, § 1, amended 51-1-1 NMSA 1978, substituting a reference to "Chapter 51 NMSA 1978" for "this act."

Future amendments to federal act not incorporated. — This section cannot be interpreted so as to incorporate by reference future amendments made in the federal act. 1946 Op. Att'y Gen. 46-4898.

Funds covered by public moneys provision. — All funds mentioned in this section, while in the custody of the state treasurer as ex-officio treasurer of the unemployment compensation commission (now employment security department), are covered by the Public Moneys Act (now Section 6-10-1 NMSA 1978 et seq.). 1939 Op. Att'y Gen. 39-3365.