N.M. Stat. § 22-8-31
State-support reserve fund.
A. The "state-support reserve fund" is created.
B. The state-support reserve fund shall be used only to augment the appropriations
for the state equalization guarantee distribution in order to ensure, to the extent of the
amount undistributed in the fund, that the maximum figures for such distribution
established by law shall not be reduced.
C. The undistributed money in the state-support reserve fund shall be invested by
the state treasurer in interest-bearing securities of the United States government or in
certificates of deposit in qualified banks and in savings and loan associations whose
deposits are insured with an agency of the United States. The state treasurer may
deposit money from the state-support reserve fund or any other fund in one or more
accounts with any such bank or federally insured savings and loan association, but the
state treasurer, in any official capacity, shall not deposit money from that fund or any
other fund in any one federally insured savings and loan association the aggregate of
which would exceed the amount of federal savings and loan insurance corporation
insurance for a single public account. Income from these investments shall be
periodically credited to the general fund.
D. At least forty-five days before the money is needed, the chief shall notify the state
treasurer in writing of the amount that will be needed for distribution.
E. It is the intent of the legislature that the state-support reserve fund be reimbursed
in the amount of the yearly distribution by appropriation in the year following the
distribution so that the fund at the beginning of each fiscal year shall have a credit
balance of at least ten million dollars ($10,000,000).
F. Distribution from the state-support reserve fund shall be made in the same
manner and on the same basis as the state equalization guarantee distribution.