A. There is created a special fund to be held in the custody of the state treasurer and known as the "unemployment compensation administration fund".

(1) All money paid into the fund is available to the secretary. All money in the fund shall be expended solely for the purposes and in the amount found necessary by the secretary of labor of the United States for the administration of the Unemployment Compensation Law. Except as provided in Subsection B of this section, the fund shall consist of money appropriated by the state, and all money received from the federal government or any of its agencies, including the department of labor of the United States, the railroad retirement board or from any other source for such purpose. Money received from the railroad retirement board as compensation for services or facilities supplied to the board shall be paid into the fund. All money in the fund shall be deposited, administered and disbursed in accordance with the Unemployment Compensation Law and regulations, except that money in the fund shall not be commingled with other state funds but shall be maintained in a separate account on the books of the depository. Any balance in the fund shall not lapse at any time but shall be continuously available for expenditure consistent with the Unemployment Compensation Law. Such money is subject to the general laws applicable to the deposit of public money in New Mexico, and collateral pledged shall be maintained in a separate custody account.

(2) If Section 303(a)(5) of Title 3 of the Social Security Act and Section 3304(a)(4) of the Internal Revenue Code are amended to permit a state agency to use, in financing administrative expenditures incurred in carrying out its employment security functions, some part of the money collected, or to be collected, under the Unemployment Compensation Law, in partial or complete substitution for grants under Title 3, then the Unemployment Compensation Law shall be modified by proclamation and by general rules in the manner and to the extent and within the limits necessary to permit such use under the Unemployment Compensation Law, and the modification is effective on the same date as the use is permissible under federal amendments.

B. There is created a special fund to be held in the custody of the state treasurer and known as the "employment security department fund".

(1) The fund is separate from the unemployment compensation administration fund.

(2) All money paid into the employment security department fund may be expended only pursuant to an appropriation by the legislature or specific provision of law. The department shall submit its annual budget for expenditures from the fund in accordance with the rules and regulations established by the department of finance and administration governing the submission of budgets by state agencies. All balances in the fund at the end of the fiscal year that have not been appropriated for expenditure shall remain in the fund and be invested by the state treasurer until appropriated by the legislature. The money in the fund, except for refunds of interest and penalties erroneously collected, and except for fiscal-year balances, shall be expended solely for the purposes and in the amount found necessary for the payment of the costs of administration not chargeable against federal grants or other funds received for the unemployment compensation administration fund. Nothing in this section shall prevent the unencumbered money of the fund from being used as a revolving fund to cover necessary and proper expenditures for which federal funds have been duly requested but not yet received, subject to the charging of such expenditures against such funds when received. Money shall not be expended or made available for expenditure in any manner that would permit its substitution for, or cause a corresponding reduction in, federal funds that would be available, in the absence of such money, to finance expenditures for the administration of the Unemployment Compensation Law. Except as provided in Paragraph (2) of Subsection B and Subsection D of Section 51-1-38 NMSA 1978, the fund shall consist of all interest collected on delinquent contributions and all penalties provided by the Unemployment Compensation Law and all other money received for the fund from any other source. All money in the fund shall be deposited, administered and disbursed in accordance with this section, except that money in the fund shall not be commingled with other state funds but shall be maintained in a separate account on the books of the depository and is subject to the general laws applicable to the deposit of public money in New Mexico, and collateral pledged shall be maintained in a separate custody account.

C. The state treasurer is liable on the state treasurer's official bond for the faithful performance of duties in connection with the funds created by Subsections A and B of this section, in addition to the liability upon all other bonds.

History: Laws 1936 (S.S.), ch. 1, § 13; 1937, ch. 129, § 5; 1939, ch. 175, § 7; 1941 Comp., § 57-813; Laws 1941, ch. 205, § 9; 1943, ch. 106, § 1; 1947, ch. 209, § 6; 1953 Comp., § 59-9-13; Laws 1970, ch. 87, § 1; 1971, ch. 45, § 1; 1973, ch. 216, § 6; 1979, ch. 280, § 37; 2013, ch. 132, § 2.

Cross references. — For the unemployment compensation fund, see 51-1-19 NMSA 1978.

For state treasurer's bond, see 6-10-38 and 8-6-1 NMSA 1978.

For Section 303(a)(5) of Title III of the Social Security Act, see 42 U.S.C. § 503 (a)(5).

For Section 3304(a)(4) of the Internal Revenue Code, see 26 U.S.C. § 3304(a)(4).

The 2013 amendment, effective July 1, 2013, provided for distribution of penalties to the employment security department fund; and in Paragraph (2) of Subsection B, in the seventh sentence, added "Except as provided in Paragraph (2) of Subsection B and Subsection D of Section 51-1-38 NMSA 1978".

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.). 1939-40 Op. Att'y Gen. 39-3365.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 76 Am. Jur. 2d Unemployment Compensation § 45.

81 C.J.S. Social Security and Public Welfare § 288.