reglab/housing_qa huggingface dataset:
NM Stat § 51-1-35 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-35 - Reimbursement of fund.

If any money received after June 30, 1941, from the department of labor of the United States of America under Title 3 of the Social Security Act, or any unencumbered balances in the unemployment compensation administration fund as of that date, or any money granted after that date to this state pursuant to the provisions of the Wagner-Peyser Act, or any money made available by this state or its political subdivisions and matched by money granted to this state pursuant to the provisions of the Wagner-Peyser Act, is found by the secretary of labor of the United States of America, because of any action or contingency, to have been lost or been expended for purposes other than, or in amounts in excess of, those found necessary by the secretary of labor of the United States of America for the proper administration of the Unemployment Compensation Law, it is the policy of this state that such money shall be replaced by money appropriated for such purpose from the general fund to the unemployment compensation administration fund for expenditure as provided in Section 51-1-34 NMSA 1978. Upon receipt of notice of such a finding by the secretary of labor of the United States of America, the secretary shall promptly report the amount required for such replacement to the governor and the governor shall at the earliest opportunity, submit to the legislature a request for the appropriation of such amount. This section shall not be construed to relieve this state of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of Title 3 of the Social Security Act. History: 1941 Comp., § 57-814, enacted by Laws 1941, ch. 203, § 1; 1953 Comp., § 59-9-14; Laws 1973, ch. 216, § 7; 1979, ch. 280, § 38. ANNOTATIONSCross references. — For Title III of the federal Social Security Act, see 42 U.S.C. § 501 et seq. For the federal Wagner-Peyser Act, see 29 U.S.C. §§ 49 to 49k.
NM Stat § 51-1-37.2 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-37.2 - Food stamp overissuances.

A. The division shall notify the human services department of the name and social security number of any individual who files a new claim for unemployment compensation and who is determined to be eligible for benefits. This information provided by the division shall be used by the human services department to determine whether any eligible individual owes an uncollected overissuance of food stamp coupons, as defined in Section 13(c)(1) of the federal Food Stamp Act of 1977. B. The division shall deduct and withhold from any unemployment compensation benefits payable to an individual who owes an uncollected overissuance: (1) the amount specified by the individual to the division to be deducted and withheld under this subsection; (2) the amount, if any, determined pursuant to an agreement submitted to the human services department pursuant to Section 13(c)(3)(A) of the federal Food Stamp Act of 1977; or (3) any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to Section 13(c)(3)(B) of the federal Food Stamp Act of 1977. C. Any amount deducted and withheld pursuant to this section shall be paid by the division to the human services department. D. Any amount deducted and withheld pursuant to Subsection B of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the human services department as repayment of the individual's uncollected overissuance. E. As used in this section, "unemployment compensation benefits" means any benefits payable pursuant to the Unemployment Compensation Law and amounts payable pursuant to an agreement pursuant to any federal law providing for compensation, assistance or allowances with respect to unemployment. F. This section applies only if arrangements have been made for reimbursement by the human services department for the administrative costs incurred by the division pursuant to this section that are attributable to the repayment of uncollected overissuances to the human services department. History: 1978 Comp., § 51-1-37.2, enacted by Laws 1998, ch. 91, § 8. ANNOTATIONSCross references. — For the federal Food Stamp Act, see 7 U.S.C. § 2011 et seq.
NM Stat § 51-1-39 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-39 - [Saving clause.]

This act [51-1-38, 51-1-39 NMSA 1978] does not apply to offenses committed prior to the effective date of this act. Such offenses are subject to punishment as provided by the Unemployment Compensation Law in force at the time the offense was committed. History: 1953 Comp., § 59-9-19.1, enacted by Laws 1961, ch. 162, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 51-1-40 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-40 - Actions for enforcement.

A. In any civil action to enforce the provisions of this act, the division may be represented by the attorney general or some attorney designated by him to act, by any district attorney or by an attorney designated and employed by the department. B. All criminal actions for violation of any provision of this act or any rules or regulations issued pursuant thereto shall be prosecuted by the district attorney of the district in which the offense was committed. The attorney general is authorized to assist in the conduct of any such prosecution if deemed necessary by him or by the district attorney, and the division is authorized to employ special counsel to assist in the prosecution, with the advice and consent of the district attorney and approved by the court. An authorized representative of the secretary may institute any such prosecution by the filing of a complaint or information in accordance with the laws of this state. C. In addition to suits by civil action for the collection of contributions as authorized by Section 51-1-36 NMSA 1978, the division may, in its own name, sue and may be sued by an employing unit or other proper party, in the manner provided by law for civil actions in the courts of this state including actions for declaratory judgments, where such action is necessary for the proper determination and enforcement of any right under this act; provided, that this shall not affect any administrative remedy or authority for judicial review contained in said act. D. When contributions or payments in lieu of contributions imposed by the Unemployment Compensation Law have not been paid by an employer subject to that law, the division may institute an action in accordance with the provisions of Section 7-1-53 NMSA 1978 to ensure or compel payment of delinquent contributions or payments in lieu of contributions. History: Laws 1936 (S.S.), ch. 1, § 17; 1941 Comp., § 57-820; Laws 1951, ch. 76, § 3; 1953 Comp., § 59-9-20; Laws 1979, ch. 280, § 42; 1991, ch. 122, § 10. ANNOTATIONSCross references. — For declaratory judgments, see 44-6-1 NMSA 1978 et seq. For meaning of "this act", see 51-1-33 NMSA 1978 and notes thereto. The 1991 amendment, effective April 3, 1991, substituted "division" for "department" throughout the section and added Subsection D.
NM Stat § 51-1-41 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-41 - Nonliability of state.

Benefits shall be deemed to be due and payable under the Unemployment Compensation Law only to the extent provided in that act and to the extent that money is available therefor to the credit of the unemployment compensation fund, and neither the state nor the department shall be liable for any amount in excess of such sums. History: 1936 (S.S.), ch. 1, § 18; 1941 Comp., § 57-821; 1953 Comp., § 59-9-21; Laws 1979, ch. 280, § 43. ANNOTATIONSInterest not recoverable from employer where not recoverable from department. — Where the commission (now department) itself took a timely appeal, thus staying execution and delaying the payment of claims, and the commission (now department) is not liable for interest, it would be illogical to hold that appellants could recover from the employer when they could not do so from the commission (department). Bateman v. Kennecott Copper Corp., 1969-NMSC-126, 80 N.M. 778, 461 P.2d 911.
NM Stat § 51-1-43 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-43 - Unemployment compensation; governmental entities.

Subject to the provisions of Section 51-1-47 NMSA 1978, services performed by individuals in the employ of governmental entities, state hospitals and state institutions of higher education shall be subject to the provisions of the Unemployment Compensation Law. History: 1953 Comp., § 59-9-22.2, enacted by Laws 1977, ch. 227, § 5; 1978, ch. 131, § 4; 1980, ch. 50, § 5; 1981, ch. 354, § 11. ANNOTATIONSCross references. — For meaning and applicability of act to government entities, see 51-1-47 NMSA 1978. Employer liable to employees for unemployment compensation. — In an employer-employee relationship, the employer maintains the right to determine how the work is to be done and is liable to its employees for unemployment compensation. 1980 Op. Att'y Gen. No. 80-08. Artists-in-schools participants ineligible for benefits. — Artists participating in the artists-in-the-schools program are not employees of the New Mexico arts division and, therefore, are ineligible for unemployment compensation benefits through the division. 1980 Op. Att'y Gen. No. 80-08.
NM Stat § 51-1-45 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-45 - State government unemployment compensation reserve fund created; purposes; assessments.

A. There is created a "state government unemployment compensation reserve fund". The fund and any income from the fund shall be held in trust, deposited in a segregated account and invested by the director of the risk management division of the general services department with the prior approval of the state board of finance. Money in the fund is appropriated to carry out the purposes of the fund. B. The director of the risk management division of the general services department shall assess each state agency at the end of each calendar quarter in accordance with the rate schedule prescribed by the risk management division plus an additional amount to pay reasonable costs of administration of the fund. Assessments shall be deposited in the state government unemployment compensation reserve fund to carry out the purposes of Laws 1977, Chapter 227, as amended. The director of the risk management division shall approve the method of computing the amounts that are payable under this subsection by each state agency and the time and manner of payments. C. Money deposited in the state government unemployment compensation reserve fund may be used by the director of the risk management division of the general services department to: (1) pay the department for benefits paid to employees of state agencies; (2) pay costs or expenses incurred in protesting benefits paid by the department; (3) pay other costs incurred in carrying out the provisions of this section; and (4) establish and maintain a reserve fund for paying reimbursements of benefits paid to employees of state agencies. History: 1953 Comp., § 59-9-22.4, enacted by Laws 1977, ch. 227, § 7; 1978, ch. 131, § 5; 1979, ch. 280, § 45; 1996 (1st S.S.), ch. 3, § 6; 2000, ch. 27, § 5. ANNOTATIONSCross references. — For applicability of act to government entities, see 51-1-47 NMSA 1978. The 2000 amendment, effective March 6, 2000, added Subsection C(4) and deleted Subsection D, concerning excess cash balances in the state government unemployment compensation reserve fund. The 1996 amendment, effective March 21, 1996, inserted "of the general services department" throughout the section; in Subsection C, deleted former Paragraph (4) which provided for the establishment and maintenance of a reserve fund for paying reimbursement of benefits to employees of state agencies, and made a minor stylistic change; and added Subsection D. Law reviews. — For article, "Unemployment Compensation in New Mexico," see 11 N.M.L. Rev. 327 (1981).
NM Stat § 51-1-46 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-46 - Local public body unemployment compensation reserve fund created; purposes; assessments.

A. There is created the "local public body unemployment compensation reserve fund." The fund and any income from the fund shall be held in trust, deposited in a segregated account and invested by the general services department with the prior approval of the state board of finance. Money in the fund is hereby appropriated to carry out the purposes of the fund. B. Any local public body of this state may participate in the local public body unemployment compensation reserve fund by: (1) giving notice to the director of the risk management division at least ninety days prior to the date participation is to begin; and (2) agreeing to pay at the end of each calendar quarter an amount determined pursuant to the rate schedule prescribed by the risk management division plus such additional amount as may be necessary to pay reasonable costs of administration. C. The director of the risk management division shall terminate the participation of any local public body in the local public body unemployment compensation reserve fund if the local public body fails to: (1) pay any assessment made by the risk management division within thirty days after the date of assessment; or (2) comply with regulations of the risk management division. D. Money deposited in the local public body unemployment compensation reserve fund may be used by the director of the risk management division to: (1) reimburse the department for benefits paid to public employees covered under the local public body unemployment compensation reserve fund during the previous calendar quarter; (2) pay any costs or expenses incurred in protesting benefits paid by the department; (3) pay any costs and expenses incurred in carrying out the provisions of this section; and (4) establish and maintain a reserve fund for paying reimbursements of benefits paid to employees of local public bodies. History: 1953 Comp., § 59-9-22.5, enacted by Laws 1977, ch. 227, § 8; 1978, ch. 131, § 6; 1979, ch. 280, § 46; 1983, ch. 301, § 80. ANNOTATIONSCross references. — For applicability of act to government entities, see 51-1-47 NMSA 1978.
NM Stat § 51-1-47 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-47 - Application of the act [Applicability of act to governmental entities].

The provisions of Laws 1977, Chapter 227, as amended [51-1-14 to 51-1-17, 51-1-43 to 51-1-47 NMSA 1978], shall apply to all governmental entities of New Mexico to the extent such entities are constitutionally required by federal law to pay unemployment benefits to public employees as a condition of obtaining approval of the state unemployment compensation plan. If the federal Unemployment Compensation Amendments of 1976 (Public Law 94-566) is adjudged unconstitutional or invalid in its application or stayed during the pendency of legal proceedings, the coverage of public employees of this state under the Unemployment Compensation Law is automatically stayed. Upon entry of a final judgment declaring the Federal Unemployment Compensation Law to be unconstitutional, the provisions of Laws 1977, Chapter 227, as amended, are repealed. History: 1978 Comp., § 51-1-47, enacted by Laws 1977, ch. 227, § 11; 1978, ch. 131, § 7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — This section was not compiled in the 1953 Compilation. Cross references. — For the federal Unemployment Compensation Amendments of 1976, see 5, 26 and 42 U.S.C. The reference to the Federal Unemployment Compensation Law in the last sentence apparently means the Federal Unemployment Tax Act, which appears as 26 U.S.C. §§ 3301 to 3308.
NM Stat § 51-1-49 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-49 - Repealed.

ANNOTATIONSRepeals. — Laws 1991, ch. 122, § 13 repealed 51-1-49 NMSA 1978, as enacted by Laws 1936 (S.S.), ch. 1, § 20, relating to part-time workers, effective April 3, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.
NM Stat § 51-1-51 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-51 - Record availability; cooperation.

The secretary may make the state's records relating to the administration of the Unemployment Compensation Law available to the railroad retirement board and may furnish the railroad retirement board, at the expense of such board, such copies thereof as the railroad retirement board deems necessary for its purposes. The secretary may afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment insurance law. History: Laws 1939, ch. 175, § 10; 1941 Comp., § 57-825; 1953 Comp., § 59-9-26; Laws 1979, ch. 280, § 50.
NM Stat § 51-1-52 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-52 - Effectiveness of federal act inoperative.

If the tax imposed by Title IX of the federal Social Security Act or any amendments thereto, or any other federal tax against which contributions under the Unemployment Compensation Law may be credited shall be amended or repealed by congress or held unconstitutional by the supreme court of the United States, with the result that no portion of the contributions required under that act may be credited against such federal tax, then that act by virtue of that fact, shall be suspended until the legislature shall meet and take action relative thereto, and any unobligated funds in the unemployment compensation fund, and returned by the United States treasurer because such federal Social Security Act is inoperative, shall be held in custody by the state treasurer under supervision of the secretary until the legislature shall provide for the disposition thereof. History: Laws 1936 (S.S.), ch. 1, § 22; 1941 Comp., § 57-826; 1953 Comp., § 59-9-27; Laws 1979, ch. 280, § 51. ANNOTATIONSCross references. — For rules governing garnishment and writs of execution in the district, magistrate and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively. For form for claim of exemptions on executions, see Rule 4-803 NMRA. For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA. For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA. For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA. For form for claim of exemption from garnishment, see Rule 4-809 NMRA. For Title IX of the federal Social Security Act, see 42 U.S.C. § 1101 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 76 Am. Jur. 2d Unemployment Compensation § 3.
NM Stat § 51-1-53 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-53 - [Saving clauses.]

The legislature reserves the right to amend or repeal all or any part of this act at any time; and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges or immunities conferred by this act or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this act at any time. History: 1936 (S.S.), ch. 1, § 23; 1941 Comp., § 57-827; 1953 Comp., § 59-9-28. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For meaning of "this act", see 51-1-33 NMSA 1978 and notes thereto. Am. Jur. 2d, A.L.R. and C.J.S. references. — 76 Am. Jur. 2d Unemployment Compensation §§ 4, 5, 47. 81 C.J.S. Social Security and Public Welfare §§ 151, 163.
NM Stat § 51-1-54 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-54 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 354, § 15, repealed 51-1-54 NMSA 1978, relating to the inclusion of wages paid for previously uncovered services in wages for insured work with respect to weeks of unemployment beginning on or after January 1, 1978, effective April 9, 1981.
NM Stat § 51-1-55 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-55 - Res judicata and collateral estoppel prohibition.

Any findings of fact or law, judgment, conclusions or final order made by an unemployment insurance claims examiner, hearing officer, the board of review or any person with the authority to make findings of fact or law in any action or proceeding under the Unemployment Compensation Law, shall not be conclusive or binding in any separate proceeding between an individual and his present or prior employer brought before an arbitrator, hearing officer, court or judge of this state or the United States regardless of whether the prior action was between the same or related parties or involved the same facts. History: 1978 Comp., § 51-1-55, enacted by Laws 1990, ch. 18, § 5.
NM Stat § 51-1-56 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-56 - Death reports.

By the fifteenth day of each month, the state registrar shall send to the employment security division a report, certified as correct over his signature or the signature of his authorized representative, containing the name, date of birth, date of death, address, sex and social security number, where available, of each person who died in the state within the preceding calendar month. The employment security division unemployment insurance bureau chief shall have custody of these reports. Such reports shall be confidential and shall not be considered as public records under the provisions of Sections 14-2-1 through 14-2-3 [repealed] NMSA 1978. Such reports shall be used by the employment security division for administrative purposes only, and except for authorized personnel of the labor department, shall not be divulged to any person for any reason. History: 1978 Comp., § 51-1-56, enacted by Laws 1991, ch. 122, § 11. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1993, ch. 258, § 10 repealed 14-2-3 NMSA 1978, effective June 18, 1993.