1. A. For each calendar quarter, there is assessed against each employer who is required or elects to be covered by the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] a fee equal to the following amounts, multiplied by the number of employees covered by the Workers' Compensation Act that the employer has on the last working day of each quarter:

   1. (1) prior to July 1, 2025, two dollars thirty cents ($2.30);
   2. (2) beginning July 1, 2025 and prior to July 1, 2028, two dollars fifty-five cents ($2.55);
   3. (3) beginning July 1, 2028 and prior to July 1, 2033, two dollars sixty-eight cents ($2.68); and
   4. (4) beginning July 1, 2033, two dollars eighty cents ($2.80).

2. B. At the same time the fee pursuant to Subsection A of this section is assessed, there is assessed against each employee covered by the Workers' Compensation Act on the last working day of each quarter a fee in the following amounts, which shall be deducted from the wages of the employee by the employer and remitted along with the fee assessed on the employer:

   1. (1) prior to July 1, 2025, two dollars ($2.00);
   2. (2) beginning July 1, 2025 and prior to July 1, 2028, two dollars twenty-five cents ($2.25);
   3. (3) beginning July 1, 2028 and prior to July 1, 2033, two dollars thirty-eight cents ($2.38); and
   4. (4) beginning July 1, 2033, two dollars fifty cents ($2.50).
3. C. The fees shall be remitted on or before the twenty-fifth day of the month following the end of the calendar quarter for which they are due.
4. D. The taxation and revenue department may deduct from the gross fees collected an amount not to exceed five percent of the gross fees collected to reimburse the department for costs of administration.
5. E. The taxation and revenue department shall pay over the net fees collected to the state treasurer to be deposited by the treasurer in a fund hereby created and to be known as the "workers' compensation administration fund". Expenditures shall be made from this fund on vouchers signed by the director for the necessary expenses of the workers' compensation administration; provided that an amount equal to thirty cents ($.30) per employee of the fee assessed against an employer shall be distributed from the workers' compensation administration fund to the uninsured employers' fund.
6. F. The workers' compensation fee authorized in this section shall be administered and enforced by the taxation and revenue department under the provisions of the Tax Administration Act [Chapter 7, Article 1 NMSA 1978].

History: 1978 Comp., § 52-5-19, enacted by Laws 1987, ch. 235, § 52; 1988, ch. 71, § 2; 1989, ch. 263, § 87; 1990 (2nd S.S.), ch. 3, § 3; 1992, ch. 52, § 1; 2004, ch. 36, § 2; 2025, ch. 84, § 1; 2025, ch. 130, § 152.

ANNOTATIONS

2025 Multiple Amendments. — Laws 2025, ch. 84, § 1, effective July 1, 2025, and Laws 2025, ch. 130, § 152, effective January 1, 2026, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2025, ch. 130, § 152 as the last act signed by the governor is set out above and incorporates both amendments. The amendments enacted by Laws 2025, ch. 84, § 1 and Laws 2025, ch. 130, § 152 are described below. To view the session laws in their entirety, see the 2025 session laws on NMOneSource.com.

The nature of the difference between the amendments is that Section 52-5-19 NMSA 1978, as amended by Laws 2025, ch. 84, § 1, increased the fees that fund the workers' compensation administration, and Laws 2025, ch. 130, § 152, changed the day of the month by when fees must be paid following the end of each calendar quarter.

Laws 2025, ch. 130, § 152, effective January 1, 2026, changed the day of the month by when fees must be paid following the end of each calendar quarter; in Subsection A, after the subsection designation, deleted "Beginning with the calendar quarter ending September 30, 2004 and", and after "shall be remitted" deleted "by the last" and added "on or before the twenty-fifth".

Laws 2025, ch. 84, § 1, effective July 1, 2025, increased the fees that fund the workers' compensation administration; in Subsection A, in the introductory paragraph, after "a fee equal to" deleted "two dollars thirty cents ($2.30)" and added "the following amounts" and added Paragraphs A(1) through A(4); added new subsection designations "B" and "C" and redesignated former Subsections B through D as Subsections D through F, respectively; and in Subsection B, in the introductory clause, after "At the same time" added "the fee pursuant to Subsection A of this section is assessed" and after "each quarter a fee" deleted "of two dollars ($2.00)" and added "in the following amounts" and added Paragraphs B(1) through B(4).

The 2004 amendment, effective July 1, 2004, changed the employer's fee provided in Subsection A from two dollars ($2.00) to two dollars thirty cents ($2.30) and amended Subsection C to add the "provided" language after the semi-colon at the end of the subsection.

The 1992 amendment, effective May 20, 1992, rewrote Subsection A; deleted former Subsection B, which defined "employee" and "employer" and redesignated former Subsection C as present Subsection B, substituting "fees collected" for "assessments" in two places therein; and added the Subsection C and D designations, substituting references to fees for references to assessments near the beginning of both subsections.

The 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "administration" for "division" in the catchline, added the Subsection designations, added Subsection B, and otherwise rewrote the section.

Transfer of funds. — The fees assessed against employers and employees and paid into the workers' compensation administration fund may be diverted to another fund, like the computer systems enhancement fund, even though the other purposes are not specified in the statute creating the workers' compensation administration fund. The general rule permits the transfer to the different fund or purpose as long as the money remains subject to legislative control. 1994 Op. Att'y Gen. No. 94-05.