New Mexico § 51-1-34 - Administration funds
Full text of New Mexico New Mexico Statutes Annotated § 51-1-34 — Administration funds, with citation guidance and answers to common questions.
§ 51-1-34. Administration funds
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 1 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. 1
42 U.S.C.A. § 503(a)(5).
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 51-1-34
What does New Mexico Statutes Annotated § 51-1-34 cover?
Section 51-1-34 ("Administration funds") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 51-1-34?
A common citation format is "New Mexico Statutes Annotated § 51-1-34" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 51-1-34 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.