2019 New Mexico Statutes
Chapter 6 - Public Finances
Article 3 - State Budgets
Section 6-3-6 - State budget division; periodic allotments.

A. The state budget division, subject to the approval of the secretary of finance and administration, is authorized to provide rules for the periodic allotment of funds that may be expended by any state agency.

B. The expenditures of any state agency as defined in Section 6-3-1 NMSA 1978, for the first six-month period of each odd-numbered fiscal year shall be limited to one-half of the appropriation or approved budget, whichever is less, for that fiscal year. This restriction does not apply to those agencies whose operations are more efficiently measured by periods other than a fiscal year, including but not limited to the New Mexico legislative council, legislative committees, the intertribal ceremonial and the New Mexico state fair. Expenditures of the intertribal ceremonial office and the New Mexico state fair shall be governed by regulation of the department of finance and administration. The department of finance and administration may also allow expenditure of more than one-half of the appropriation or approved budget for those agencies planning major expenditures for capital outlay in the first six months of the fiscal year, which would result in over-expenditure of the first six-month allocation.

C. Upon the direction of the secretary of finance and administration pursuant to Section 9-6-5.2 NMSA 1978, the state budget division shall temporarily withhold an allotment to a state agency or state institution that has failed to submit an audit report required by the Audit Act [12-6-1 to 12-6-14 NMSA 1978]. The amount withheld and the number of periodic allotments subject to the withholding shall be as directed by the secretary.

History: 1953 Comp., § 11-4-1.7, enacted by Laws 1957, ch. 253, § 7; 1963, ch. 38, § 1; 1977, ch. 247, § 124; 2011, ch. 106, § 1.

Cross references. — For penalty for violation of expenditure restrictions, see 6-3-8 NMSA 1978.

The 2011 amendment, effective July 1, 2012, authorized the secretary of finance and administration to withhold allotments to state agencies and state institutions that have failed to submit audit reports required by the Audit Act.

Governor not authorized to reduce periodic allotments. — This section does not by itself supply standards sufficient to authorize executive department regulation of the state treasury; thus, the governor could not reduce periodic allotments in anticipation of appropriation reductions by the legislature. State ex rel. Schwartz v. Johnson, 1995-NMSC-080, 120 N.M. 820, 907 P.2d 1001.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for work done or materials furnished, etc., for state or federal governments in excess of appropriations, 19 A.L.R. 408.