2019 New Mexico Statutes
Chapter 6 - Public Finances
Article 6 - Local Government Finances
Section 6-6-7 - [Limitation on county expenditures during year official's term expires; exceptions.]

It shall be unlawful for the board of county commissioners, the county clerk or any other county official authorized to make purchases to disburse, expend or obligate any sum in excess of fifty per centum of the approved budget for the fiscal year during which the terms of office of any such official will expire; provided, however, that expendtiures or [expenditures for] election expense, record books, necessary office equipment and fuel shall be excepted from the provisions of this act [6-6-7, 6-6-9, 6-6-10 NMSA 1978]. In the event it may be deemed advisable or advantageous to contract for fuel for the entire year, proper precaution must be exercised that a sufficient supply of fuel will be on hand and available for the needs of the incoming officials, or an amount equal to the sum by which one-half the budget item has been exceeded.

History: 1941 Comp., § 7-602, enacted by Laws 1941, ch. 190, § 1; 1953 Comp., § 11-6-1.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For destruction of documentary evidence of extinguished debt, see 6-10-62 NMSA 1978.

Legislature intended this section to apply to each fund and item of the budget. 1956 Op. Att'y Gen. No. 56-6551.

County clerk's duties ministerial. — The duties of a county clerk with respect to fiscal matters are ministerial. 1979 Op. Att'y Gen. No. 79-33.

County clerk not responsible for disbursement of funds. — Legal responsibility for disbursement of public funds vested in board of county commissioners does not extend to county clerks. 1979 Op. Att'y Gen. No. 79-33.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 201; 79 C.J.S. Schools and School Districts § 325.