2019 New Mexico Statutes
Chapter 6 - Public Finances
Article 3 - State Budgets
Section 6-3-7 - Annual operating budgets; supervision and control; submission of proposed budgets; approval; review by governor.

Each state agency shall annually on or before May 1 submit to the state budget division a budget for the ensuing fiscal year, in such form as may be prescribed by the division and containing such information concerning the anticipated receipts, expenditures and balances on hand as may be prescribed by law or by the state budget division. Such budget shall be subject to the approval of the state budget division and no expenditures shall be made by any state agency for the fiscal year covered by said budget until the budget shall have been approved by the state budget division, provided that any action by the division shall be subject to review and modification by the governor.

History: 1953 Comp., § 11-4-1.8, enacted by Laws 1957, ch. 253, § 8; 1963, ch. 147, § 1.

Cross references. — For budgets of local public bodies, see 6-6-2 NMSA 1978 et seq.

For the Public School Finance Act, see 22-8-1 NMSA 1978 et seq.

Legislature may authorize executive to control expenditure of amounts appropriated. — The legislature, without the same constituting any violation of N.M. Const., art. IV, § 22, or N.M. Const., art. III, § 1, may provide in the general appropriation bill for the executive to control the expenditure of the amounts appropriated. State ex rel. Holmes v. State Bd. of Fin., 1961-NMSC-172, 69 N.M. 430, 367 P.2d 925.

Budget director may not prevent expenditure of appropriated money. — The words "shall be subject to the approval" of the budget division do not give its director authority to prevent any agency from expending the full amount of money appropriated to it with the budget division approving a budget in a sum less than the total appropriated. State ex rel. Lee v. Hartman, 1961-NMSC-171, 69 N.M. 419, 367 P.2d 918.

Right to approve budget does not include the right to reduce where the budget is within the appropriation. If a budget as submitted is within the amounts appropriated and the items are proper, the director of the department of finance (now secretary of finance and administration) is given no discretion except to approve or disapprove it. State ex rel. Lee v. Hartman, 1961-NMSC-171, 69 N.M. 419, 367 P.2d 918.

Transfer of money from general appropriation to construction of communications building in state police headquarters facilities. — The radio communications department (now part of the communications division of the general services department) can transfer money from its general appropriation to the construction of the communications building in the state police headquarters facilities, subject to the approval of the department of finance and administration and its budget division pursuant to this section. 1969 Op. Att'y Gen. No. 69-56.

Law reviews. — For article, "Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Restraints," see 15 N.M.L. Rev. 407 (1985).