reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 18 - Renewable Energy Financing District Act › Section 5-18-7 - Special assessment; lien created.

A. The district board may impose a special assessment on property within the district to facilitate the financing of renewable energy improvements to the property. The special assessment shall be sufficient in the case of each property to pay the costs of the financing of the renewable energy improvements, including the costs of bond issuance, debt service and administrative costs of the district and the municipality or county in which the district is located.
B. The special assessment shall be levied and collected at the same time and in the same manner as property taxes are levied and collected, except to the extent that the district board has provided for other imposition and collection procedures. Money derived from the imposition of the special assessment shall be kept separately from other funds of the governing body.
C. A special assessment shall constitute a lien on the property, which shall be effective during the period in which the assessment is imposed and shall have priority over all other liens except liens for ad valorem property taxes.
D. The obligation to pay the special assessment may be prepaid and permanently satisfied, and the district board shall specify the conditions under which this may be achieved.
History:
Laws 2009, ch. 180, § 7.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 180 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
The renewable energy special assessment constitutes a lien on the property.
— The Renewable Energy Financing District Act (REFD Act) provides that a renewable energy special assessment shall constitute a lien on the property, which lien shall have priority over all other liens except liens for ad valorem property taxes. Thus, under the REFD Act, liens created by the renewable energy special assessments would assume priority over first mortgages, secondary home lines of credit, or other traditional residential financing mechanisms.
Administration of Residential Property Assessed Clean Energy (PACE) financing loans
(10/21/19), Att'y Gen. Adv. Ltr. 2019-04.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 18 - Renewable Energy Financing District Act › Section 5-18-9 - Appointment of directors; qualifications; terms; resumption of governance by governing body.

A. The governing body, at its option, may authorize the appointment of a separate district board. In the case of an appointed district board, the directors shall serve an initial term of six years. If a vacancy occurs on the district board because of death, resignation or inability of a director to discharge the duties of director, the governing body shall appoint a director to fill the vacancy, who shall hold office for the remainder of the unexpired term until the appointed director's successor is appointed or elected.
B. At the end of the appointed director's initial term, the governing body shall resume governance of the district as its board, or, at its option, shall hold an election of directors by majority vote of the property owners in the district, pursuant to Section 10 [5-18-10 NMSA 1978] of the Renewable Energy Financing District Act.
History:
Laws 2009, ch. 180, § 9.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 180 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 18 - Renewable Energy Financing District Act › Section 5-18-10 - Notice and conduct of election for district board.

A. An election pursuant to the Renewable Energy Financing District Act for the purpose of election of directors of a district board shall be called by mailing notices to the owners of property included in the district not less than twenty days before the election. The property tax assessment rolls shall be used to determine the owners of property included in the district. Notice shall also be published one time in a newspaper of general circulation in the municipality or county. The notice shall state the purpose of the election, the date of the election, the place of holding the election, the hours during the day in which the polls will be open and provisions for voting by mail.
B. Within thirty days after an election, the district board shall meet and canvass the returns, determining the number of votes properly cast. A majority of the votes cast at the election shall be required for election of a member to the district board.
History:
Laws 2009, ch. 180, § 10.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 180 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 18 - Renewable Energy Financing District Act › Section 5-18-11 - Powers and duties of a district.

A. The district board shall:
(1) establish guidelines and standards for renewable energy improvements to be made to property included in the district;
(2) establish guidelines and procedures for a property owner to enter into an agreement with the district board to include property in the district;
(3) establish guidelines for the documentation required from a property owner prior to property being included in the district of the owner's contracts or agreements for purchase and installation of renewable energy improvements;
(4) establish the amount of and impose special assessments for the financing of the renewable energy improvements, including the costs of bond issuance, debt service and administrative costs of the district and the municipality or county in which the district is located; and
(5) enter into contracts, agreements and trust indentures to obtain credit enhancement or liquidity support for its bonds and process the issuance, registration, transfer and payment of its bonds and the disbursement and investment of proceeds of the bonds.
B. The district board may enter into contracts to carry out the purposes of the district on such terms and with such persons as the board determines to be appropriate.
History:
Laws 2009, ch. 180, § 11.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 180 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 18 - Renewable Energy Financing District Act › Section 5-18-12 - Change in district.

A. At any time after adoption of a resolution creating a district, property may be added to the district at the request of the owner of the property, upon adoption of a resolution of the district board.
B. Property may be deleted from the district only upon request of the property owner and adoption of a resolution of intention to do so by the district board. Property within the district that is subject to the lien of special assessments or other charges imposed pursuant to the Renewable Energy Financing District Act shall not be deleted from the district while there are bonds outstanding that are payable by such special assessments or charges.
History:
Laws 2009, ch. 180, § 12.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 180 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 18 - Renewable Energy Financing District Act › Section 5-18-13 - Dissolution of district.

The district may be dissolved by the district board by a resolution of the district board upon a determination that the district has no outstanding bond obligations. The district shall not be dissolved if any bonds of the district remain outstanding unless an amount of money sufficient, together with investment income thereon, to make all payments due on the bonds either at maturity or prior redemption has been deposited with a trustee or escrow agent and pledged to the payment and redemption of the bonds. The district may continue to operate after dissolution only as needed to collect money and make payments on any outstanding bonds.
History:
Laws 2009, ch. 180, § 13.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 180 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 19 - Franchise and Other Agreements › Section 5-19-1 - Validity of current franchise and right-of-way agreements.

Municipal and county franchise and other agreements with public utilities, as "public utility" is defined by Subsection G of Section 62-3-3 NMSA 1978, providing access to public rights of way that are in effect as of January 1, 2010, are valid and enforceable agreements, including those that provide for a payment of fees by the public utility expressed as a percentage of the public utility's revenues or otherwise and including expired agreements that have continued to be honored by both the public utility and the local government according to their terms, regardless of the expiration date of the agreements, if both the public utility and the local government continue to abide by the terms of the expired agreement.
History:
Laws 2010, ch. 100, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2010, ch. 100, § 2 contained an emergency clause and was approved March 9, 2010.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 20 - Regional Air Center Special Economic District › Section 5-20-1 - Short title.

Sections 1 through 10 [5-20-1 to 5-20-10 NMSA 1978] of this 2019 act may be cited as the "Regional Air Center Special Economic District Act".
History:
Laws 2019, ch. 13, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 20 - Regional Air Center Special Economic District › Section 5-20-2 - Definitions.

As used in the Regional Air Center Special Economic District Act:
A. "authority" means the governing body of a district; and
B. "district" means an industrial air center special economic district governed by an authority.
History:
Laws 2019, ch. 13, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 20 - Regional Air Center Special Economic District › Section 5-20-3 - Creation of a district.

A municipality and the county in which the municipality is located may agree to form a district:
A. the initial boundaries of which lie within the jurisdiction of the municipality, the county or both;
B. that includes an industrial air center composed of infrastructure associated with a former United States military base; and
C. that consists of land and real property formerly associated with the former United States military base and other land and real property made part of the district.
History:
Laws 2019, ch. 13, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 20 - Regional Air Center Special Economic District › Section 5-20-6 - Revenue bonds; exemption from taxation.

A. To effectuate the purposes of the district it governs, an authority may issue revenue bonds to:
(1) encourage the location of commercial, research or industrial or other enterprises to a district; or
(2) acquire, purchase, lease, construct or improve commercial, research or industrial sites or buildings or make other capital improvements, including the construction or maintenance of energy or pollution abatement or control facilities, as necessary.
B. An authority may issue special facility revenue bonds backed by a long-term lease of the facility to finance a specific tenant facility.
C. The bonds authorized by the Regional Air Center Special Economic District Act, the income from those bonds, mortgages or other security instruments executed as security for those bonds, lease agreements authorized by the Regional Air Center Special Economic District Act and revenue derived from a lease or sale by an authority are exempt from taxation by the state and its subdivisions.
History:
Laws 2019, ch. 13, § 6.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 20 - Regional Air Center Special Economic District › Section 5-20-7 - Bonding authority.

A. A district may issue revenue bonds, the pledged revenue for which shall be fees, charges, lease payments, installment sale payments or other revenue sources by a project for any one or more of the purposes authorized by the Regional Air Center Special Economic District Act.
B. A district may pledge irrevocably any or all of the revenue received by the district to the payment of the interest on and principal of revenue bonds for any of the purposes authorized in the Regional Air Center Special Economic District Act.
C. Revenues in excess of the annual principal and interest due on revenue bonds secured by a pledge of revenue may be accumulated in a debt service reserve account. The district may appoint a commercial bank trust department to act as paying agent or trustee of the revenues and to administer the payment of principal of and interest on the bonds.
D. Except as otherwise provided in the Regional Air Center Special Economic District Act, revenue bonds:
(1) may have interest, principal value or any part thereof payable at intervals or at maturity as may be determined by the authority;
(2) may be subject to a prior redemption at the district's option at a time and upon terms and conditions, with or without the payment of a premium, as determined by the authority;
(3) may mature at any time not exceeding thirty years after the date of issuance;
(4) may be serial in form and maturity, may consist of one bond payable at one time or in installments or may be in another form determined by the authority;
(5) shall be sold for cash at, above or below par and at a price that results in a net effective interest rate that does not exceed the maximum permitted by the Public Securities Act and the Public Securities Short-Term Interest Rate Act [6-18-1 to 6-18-16 NMSA 1978]; and
(6) may be sold at public or negotiated sale.
E. At a regular or special meeting, the authority may adopt a resolution that:
(1) declares the necessity for issuing revenue bonds;
(2) authorizes the issuance of revenue bonds by an affirmative vote of a majority of all the members of the authority; and
(3) designates the sources of revenues to be pledged to the repayment of the revenue bonds.
History:
Laws 2019, ch. 13, § 7.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 20 - Regional Air Center Special Economic District › Section 5-20-9 - Bonds not obligation of the state.

Except as otherwise provided in the Regional Air Center Special Economic District Act, all bonds or other obligations issued pursuant to that act are payable solely from the revenues of the district that may be pledged to the payment of such obligations, and the bonds or other obligations shall not create an obligation, debt or liability of the state or any other of its political subdivisions. No breach of any pledge, obligation or agreement or a district shall impose a pecuniary liability or a charge upon the general credit or taxing power of the state or any other of its political subdivisions.
History:
Laws 2019, ch. 13, § 9.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 20 - Regional Air Center Special Economic District › Section 5-20-10 - Dissolution.

The municipality and county that formed the district and any counties, municipalities, Indian nations, tribes or pueblos that have become part of the district may, by unanimous vote, agree to unwind and dissolve the district and dismiss the authority members if they find the district is not meeting the needs of the community in managing airport operations, creating jobs or fostering economic development. The assets and all debts and obligations of the district shall be transferred to and assumed by the county or municipality as set forth in the unwinding or dissolution agreement.
History:
Laws 2019, ch. 13, § 10.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 1 - State Board of Finance › Section 6-1-2 - State board of finance; loans and grants of emergency funds.

If the state board of finance determines that an emergency exists that warrants such action, it may lend or grant to any state agency, board, commission, municipal corporation or other political subdivision organized under the laws of the state or any Indian nation, tribe or pueblo located in whole or in part in New Mexico that sum of money the board determines reasonable and appropriate from any funds appropriated to the board for use in meeting emergencies. As used in this section, "emergency" means an unforeseen occurrence or circumstance severely affecting the quality of government services and requiring the immediate expenditure of money that:
A. is not within the available resources of the state agency, board, commission, municipal corporation or other political subdivision or the Indian nation, tribe or pueblo located in whole or in part in New Mexico as determined by the state board of finance; and
B. if subject to appropriation, cannot reasonably await appropriation by the next regular session of the legislature.
History:
1953 Comp., § 11-1-1.1, enacted by Laws 1959, ch. 139, § 1; 1973, ch. 92, § 1; 1997, ch. 5, § 1; 2005, ch. 48, § 1.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, permitted the state board of finance in emergencies to loan or grant funds to any Indian nation, tribe or pueblo that is located in whole or in part in New Mexico.
The 1997 amendment,
effective March 10, 1997, added the definition of "emergency".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 1 - State Board of Finance › Section 6-1-3 - Loans of emergency funds; terms and conditions for repayment; security and interest.

The state board of finance may prescribe those terms and conditions it deems proper with respect to the repayment of any loan and the application of the proceeds of the loan, and it may require or waive security by way of the pledge of revenues or otherwise and may require or waive interest, as the board determines proper under the circumstances.
History:
1953 Comp., § 11-1-1.2, enacted by Laws 1959, ch. 139, § 2; 1973, ch. 92, § 2.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 1 - State Board of Finance › Section 6-1-4 - Loans or grants obtained by political subdivisions; application of proceeds.

Any municipal corporation or other political subdivision obtaining a loan or grant shall apply the proceeds thereof only for the purposes stated by the state board of finance in its action approving the loan or grant.
History:
1953 Comp., § 11-1-1.3, enacted by Laws 1959, ch. 139, § 3; 1973, ch. 92, § 3.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 1 - State Board of Finance › Section 6-1-5 - Repayment of loans; disposition of receipts; crediting emergency fund; deposit in general fund.

Any amount received by the state board of finance in repayment of any emergency loan shall be deposited by the board to the credit of the state board of finance emergency fund if the payment is received during the same fiscal year in which the loan was made. All payments made in any period subsequent to the close of the fiscal year in which the loan was made shall be deposited by the board in the general fund.
History:
1953 Comp., § 11-1-1.4, enacted by Laws 1959, ch. 139, § 4; 1973, ch. 92, § 4.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 1 - State Board of Finance › Section 6-1-6 - [Separate accounts.]

Separate accounts shall be kept for every appropriation or fund, showing the date and manner of each payment made out of the funds provided by such appropriation, the name and address of each person, organization, corporation or association, to whom, and for what purpose paid.
History:
Laws 1923, ch. 48, § 3; C.S. 1929, § 134-503; 1941 Comp., § 7-105; 1953 Comp., § 11-1-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81A C.J.S. States § 229.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 1 - State Board of Finance › Section 6-1-7 - Repealed.

History:
Laws 1935, ch. 27, § 2; 1941 Comp., § 7-121; 1953 Comp., § 11-1-22; 1978 Comp., § 6-1-7, repealed by Laws 2004, ch. 73, § 1.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 73, § 1 repealed 6-1-7 NMSA 1978, as enacted by Laws 1935, ch. 27, § 2, relating to standards for and transfer of supplies and equipment, effective May 19, 2004. For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 1 - State Board of Finance › Section 6-1-8 to 6-1-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 339, § 1 repealed 6-1-8 to 6-1-10, 6-1-10.1, 6-1-10.2, 6-1-11, 6-1-12 NMSA 1978, as enacted by Laws 1981, ch. 265, §§ 1, 2, 4, 5 and as amended by Laws 1983, ch. 26, §§ 1 to 3, relating to the state cash manager, effective July 1, 1987. For present comparable provisions,
see
6-1-1 to 6-1-7, 6-1-13 NMSA 1978.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 1 - State Board of Finance › Section 6-1-13 - Deposit accounts by state agencies; authorization by state treasurer.

A. A state agency may not open a new deposit account or deposit money in an existing deposit account unless it has submitted a request to the state treasurer in writing on forms prescribed by the state treasurer and received written authorization from the state treasurer for each such account. This section shall not constitute authority for agencies to open demand deposit accounts and shall not apply to deposits made pursuant to Section 6-10-35 NMSA 1978. On the effective date of this act, agency deposit accounts previously authorized shall be governed by the terms of this section.
B. The state treasurer shall establish for each account those conditions and reports appropriate to that account including, without limitation, the period for which the account may be authorized. The provisions of this section shall not apply to investments made by the state treasurer or the state investment council. The state treasurer shall submit to the state board of finance on a quarterly basis a list of all accounts established pursuant to this section.
C. As used in this section, "state agency" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities, or institutions other than state educational institutions designated by Article 12, Section 11 of the constitution of New Mexico.
History:
1978 Comp., § 6-1-13, enacted by Laws 1987, ch. 339, § 2.
ANNOTATIONS
The public school insurance authority
is a state agency for purposes of complying with the reporting requirements under Subsection B. 1990 Op. Att'y Gen. No. 90-23.
Retiree health care authority
is a state agency for purposes of receiving authorization for the opening of a new deposit account under Subsection A. 1991 Op. Att'y Gen. No. 91-06.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 2 - Settling Accounts › Section 6-2-1 - Examination of parties; oath; compelling testimony.

The secretary of finance and administration or the director of the financial control division, whenever he may think it necessary to the proper settlement of any account, may examine the parties, witnesses and others on oath or affirmation, touching any matter material to be known in the settlement of such account, and for that purpose he may issue subpoenas and compel witnesses to attend before him and give evidence in the same manner as courts of law may do, and he is hereby authorized to administer all such oaths or affirmations.
History:
Laws 1851-1852, p. 170; C.L. 1865, ch. 102, § 13; C.L. 1884, § 1762; C.L. 1897, § 2592; Code 1915, § 5334; C.S. 1929, § 134-602; 1941 Comp., § 3-203; 1953 Comp., § 4-4-3; Laws 1957, ch. 252, § 9; 1983, ch. 301, § 9.
ANNOTATIONS
Authority to compel production of certain affidavits.
— Under this section, the state auditor (as this section is now amended, the secretary of finance and administration or the director of the financial control division) has the power to compel the heads of departments to produce the affidavit required under Section 10-1-6 NMSA 1978 before making payment to any person or persons employed who have not been residents of New Mexico for one year prior to their employment as state employees. 1951 Op. Att'y Gen. No. 51-5388.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81A C.J.S. States § 121.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-1 - State agency defined.

"State agency" means any department, institution, board, bureau, commission, district or committee of government of the state of New Mexico and means every office or officer of any of the above.
History:
1953 Comp., § 11-4-1.1, enacted by Laws 1957, ch. 253, § 1.
ANNOTATIONS
Eleventh amendment immunity.
— The university of New Mexico board of regents, medical school, medical school's admissions committee and two officials of that committee fell within the state's definition of agency for purposes of eleventh amendment immunity from plaintiff's claims for failure to admit her to the medical school.
Buchwald v. Univ. of N.M. Sch. of Med
., 159 F.3d 487 (10th Cir. N.M. 1998).
New Mexico beef council.
— The New Mexico beef council, created under Section 77-2A-3 NMSA 1978, is a commission or committee of government and falls within this definition of "state agency"; it, thus, is subject to the requirements of this article. 1987 Op. Att'y Gen. No. 87-44.
The public school insurance authority
is a state agency for purposes of the state budget laws. 1990 Op. Att'y Gen. No. 90-23.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-2 - Director of state budget division; qualifications.

The director of the state budget division shall be skilled in accountancy and auditing, familiar with the operation of educational and other state institutions, budgets and finances. The director shall be appointed by the secretary of finance and administration with the governor's consent.
History:
1953 Comp., § 11-4-1.3, enacted by Laws 1957, ch. 253, § 3; 1977, ch. 247, § 123.
ANNOTATIONS
Cross references.
— For appointment of director,
see
9-6-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-3 - State budget division; cooperation between state budget division and state agencies; assistance to state agencies.

There shall be full cooperation between the various state agencies and the state budget division. State agencies will give complete access to the division of their books and records if so requested. The budget division will lend assistance to any state agency in the preparation of its budget estimates.
History:
1953 Comp., § 11-4-1.4, enacted by Laws 1957, ch. 253, § 4.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-4 - State budget division; cooperation with legislature and committees; to supply information to legislature and committees.

The state budget division shall cooperate fully with the legislature and legislative committees, and shall supply them with information relating to the budget requirements of all state departments and institutions.
History:
1953 Comp., § 11-4-1.5, enacted by Laws 1957, ch. 253, § 5.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-5 - State budget division; research; surveys; reports.

The state budget division is hereby authorized to engage in research and to make administrative and organizational surveys of the executive or administrative departments, boards, institutions, commissions or agencies of the state government to determine whether the activities thereof are essential to good government and are being carried on in an economical and efficient manner and without duplication, for the purpose of determining the feasibility of improving the administration of the state government. Reports concerning the results of such research and surveys, together with recommendations, shall be made to the governor and the legislature.
History:
1953 Comp., § 11-4-1.6, enacted by Laws 1957, ch. 253, § 6.
ANNOTATIONS
Reduction of budgets not authorized.
— This section, which authorizes the budget division to engage in research and to make surveys and provides that reports on the results of the research and surveys conducted by it, together with recommendations, shall be made to the governor and the legislature, gives no authority to reduce budgets.
State ex rel. Lee v. Hartman
, 1961-NMSC-171, 69 N.M. 419, 367 P.2d 918.
2023 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.
ANNOTATIONS
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).
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-8 - [Violation of expenditure restrictions; penalty.]

Any public official or employee who shall violate provisions of this act [6-3-6, 6-3-8 NMSA 1978] shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) nor less than five hundred dollars ($500) or imprisonment for a term of not more than ten years, or both, and in addition thereto, shall be liable for the payment to the state of all amounts expended for any payment made in violation thereof.
History:
1953 Comp., § 11-4-1.9, enacted by Laws 1963, ch. 38, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-9 - State agency defined.

State agency means any department, institution, board, bureau, commission, district or committee of government of the state of New Mexico and means every office or officer of any of the above.
History:
1953 Comp., § 11-4-2.1, enacted by Laws 1955, ch. 114, § 1.
ANNOTATIONS
New Mexico beef council.
— The New Mexico beef council, created under Section 77-2A-3 NMSA 1978, is a commission or committee of government and falls within this definition of "state agency"; it, thus, is subject to the requirements of this article. 1987 Op. Att'y Gen. No. 87-44.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-10 - Budget defined.

The budget means a complete statement as to the financial operation of all state agencies for the fiscal year last completed, the current fiscal year and a financial plan for the operation of all state agencies for the succeeding fiscal year.
The budget for the succeeding fiscal year shall set forth in detail the following:
A. all proposed expenditures for the administration, operation and maintenance of all state agencies;
B. all interest and debt redemption charges;
C. all expenditures for capital projects to be undertaken and executed;
D. all anticipated revenues; and
E. means of financing proposed expenditures.
History:
1953 Comp., § 11-4-2.2, enacted by Laws 1955, ch. 114, § 2; 1977, ch. 247, § 125.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-11 - Parts of the budget.

The budget shall contain the following parts:
A. the governor's budget message;
B. summary statements showing the following:
(1) financial condition of the state government at the beginning and at the end of the fiscal year last completed;
(2) financial condition of the state government at the beginning of the current fiscal year and condition anticipated at the end of the current fiscal year;
(3) anticipated financial condition of the state government at the beginning and end of the succeeding fiscal year;
(4) condition of all funds for the fiscal year last completed, the current fiscal year and the succeeding fiscal year, as follows:
(a) balance or anticipated balance at the beginning of the fiscal year;
(b) balance or anticipated balance at the end of the fiscal year;
(c) revenue or anticipated revenue during the fiscal year;
(d) source of revenue or anticipated revenue during the fiscal year; and
(e) expenditures or anticipated expenditures during the fiscal year;
(5) the bonded indebtedness, debts authorized, debts redeemed, interest requirements and the condition of sinking funds;
(6) appropriations recommended by the governor compared with appropriations for the fiscal year last completed and the current fiscal year. Any increase or decrease in the recommended appropriation shall be explained;
(7) anticipated revenue for the succeeding fiscal year, classified according to source of revenue and compared with revenues for the fiscal year last completed and anticipated revenue for the current fiscal year;
(8) other information necessary to make known in practicable detail the financial operation of the state government; and
(9) if anticipated revenue is less than the total of all appropriations recommended in any fiscal year, recommendations as to how the deficit shall be met;
C. a summary statement of requested appropriations by state agencies and recommendations of the state budget division concerning such requested appropriations; and
D. an appropriation bill recommended by the governor. Such bill shall follow budget classification and shall be stated in lump sums according to function or purpose of each agency.
History:
1953 Comp., § 11-4-2.3, enacted by Laws 1955, ch. 114, § 3; 1977, ch. 247, § 126.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Budget provisions of constitution or statute in relation to appropriation of state funds, 40 A.L.R. 1067.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-11.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 71, § 2 repealed 6-3-11.1 and 6-3-11.2 NMSA 1978, as enacted by Laws 1987, ch. 347, §§ 1 and 2, relating to limitation on recommended appropriations and to determination of expenditure limitation by department of finance and administration, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 15, § 13 repealed 6-3-14 NMSA 1978, as enacted by Laws 1921, ch. 133, § 314, relating to consideration of the budget by the legislature, effective June 18, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-15 - State budget division director; powers and duties.

The director of the state budget division shall:
A. administer the provisions of Sections 6-3-1 through 6-3-22 NMSA 1978 and make rules and regulations necessary in that administration;
B. prepare a tentative budget and submit it to the governor;
C. assist the governor in the preparation of the budget;
D. obtain from each state agency information on budgetary and financial problems, including costs of operation, past income and expenditures and present financial condition;
E. require periodic reports from all state agencies giving detailed information regarding applications for federal money or federal grants-in-aid or regarding federal money or federal grants-in-aid received, including details of programs, matching requirements, personnel requirements, salary provisions and program numbers as indicated in the catalog of federal domestic assistance of the federal funds applied for and of those received;
F. review data submitted by any state agency for use in the budget;
G. supervise the printing of the budget;
H. cause the budget to be indexed;
I. examine for budgetary purposes, if he deems it necessary, all bids, contracts, plans, specifications, blueprints, records, invoices, documents and correspondence relating to the enlarging, maintenance and operation of state institutions; and
J. through his agents and employees, visit each state agency whenever it is necessary to determine the financial needs of the agency.
History:
1953 Comp., § 11-4-7.1, enacted by Laws 1955, ch. 114, § 6; 1976 (S.S.), ch. 28, § 2; 1977, ch. 247, § 127; 1999, ch. 5, § 9; 1999, ch. 15, § 9.
ANNOTATIONS
1999 amendments.
— Identical amendments to this section were enacted by Laws 1999, ch. 5, § 9, effective June 18, 1999, approved March 1, 1999, and Laws 1999, ch. 15, § 9, also effective June 18, 1999, approved March 10, 1999, which in Subsection B deleted "not later than January 2" from the end, deleted "but not limited to" following "including" in Subsections D and E, updated statutory references, and made minor stylistic changes. The section was set out as amended by Laws 1999, ch. 15, § 9.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-16 - Power to sue.

The secretary of finance and administration and the state budget division director are hereby authorized to bring suit in the district court for the purpose of securing compliance with the provisions of Sections 6-3-9 through 6-3-13 and 6-3-15 through 6-3-22 NMSA 1978.
History:
1953 Comp., § 11-4-7.2, enacted by Laws 1955, ch. 114, § 7; 1977, ch. 247, § 128.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-17 - Agencies subject to act.

All state agencies are subject to the provisions of this act [6-3-9 to 6-3-11, 6-3-12, 6-3-13, 6-3-15 to 6-3-22 NMSA 1978].
History:
1953 Comp., § 11-4-7.3, enacted by Laws 1955, ch. 114, § 8.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-18 - Budget forms.

On or before June 15 of each year, the state budget division shall send to each state agency forms that provide for the following information:
A. revenue or anticipated revenue, from all sources for the fiscal year last completed, the current fiscal year and for the succeeding fiscal year, including among other things:
(1) grants from the federal government;
(2) gifts and grants from private sources;
(3) income from investments;
(4) proceeds from sale of bonds or other instruments of indebtedness;
(5) income from sale of land;
(6) income from sale of personal property;
(7) income from lease of land or lease of personal property;
(8) income from services;
(9) income from fees, licenses, fines, penalties, tuition, royalties and other charges;
(10) income from athletic activities and related enterprises; and
(11) income from each tax collected;
B. expenditures or anticipated expenditures for the current fiscal year and for the two succeeding fiscal years, including among other things:
(1) capital expenditures consisting of:
(a) additions to plant or office;
(b) repairs and replacements;
(c) permanent equipment; and
(d) other; and
(2) operational expenditures consisting of:
(a) operation and maintenance of institution, office or building;
(b) supplies and equipment;
(c) personal services;
(d) travel; and
(e) other;
C. appropriation requested for the succeeding fiscal year, with a statement as to the functions and activities of each agency, division and bureau;
D. if increased appropriations are requested, the reason therefor; and
E. citation of statutory authority for functions and activities of the agency, a summary statement as to the workload of the agency and such other information as is specified by the state budget division.
History:
1953 Comp., § 11-4-7.4, enacted by Laws 1955, ch. 114, § 9; 1963, ch. 147, § 2; 1977, ch. 247, § 129; 1999, ch. 5, § 10; 1999, ch. 15, § 10.
ANNOTATIONS
1999 amendments.
— Identical amendments to this section were enacted by Laws 1999, ch. 5, § 10, effective June 18, 1999, approved March 1, 1999, and Laws 1999, ch. 15, § 10, also effective June 18, 1999, approved March 10, 1999, which substituted "June 15" for "July 15" in the introductory language of the section; in the introductory language of Subsection B, deleted "fiscal year last completed, the" preceding "current fiscal year" and substituted "two succeeding fiscal years" for "succeeding fiscal year"; and made minor stylistic changes. The section was set out as amended by Laws 1999, ch. 15, § 10.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-19 - Agencies to complete budget forms.

Each state agency shall fill out the budget forms provided for in Section 6-3-18 NMSA 1978 in the manner prescribed by the state budget division. Each state agency, in completing the budget forms, shall include information for all divisions, subdivisions and offices of the agency. Related agencies, upon approval of the state budget division, may join in submitting one set of budget forms. Completed budget forms shall be returned to the state budget division not later than September 1 in each year.
History:
1953 Comp., § 11-4-7.5, enacted by Laws 1955, ch. 114, § 10; 1963, ch. 147, § 3; 1977, ch. 247, § 130; 1999, ch. 5, § 11; 1999, ch. 15, § 11.
ANNOTATIONS
1999 amendments.
— Identical amendments to this section were enacted by Laws 1999, ch. 5, § 11, effective June 18, 1999, approved March 1, 1999, and Laws 1999, ch. 15, § 11, also effective June 18, 1999, approved March 10, 1999, which updated a statutory reference in the first sentence. The section was set out as enacted by Laws 1999, ch. 15, § 11.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 3 - State Budgets › Section 6-3-20 - Review of budget forms.

The state budget division shall review the completed budget forms of all state agencies and shall include recommendations concerning the requested appropriation in the tentative budget. Prior to submission of the tentative budget to the governor, any state agency may be given an informal hearing by the state budget division concerning recommendation of the division pertaining to the requested appropriation of such agency, and shall be given such a hearing if the state budget division proposes to decrease the requested appropriation.
History:
1953 Comp., § 11-4-7.6, enacted by Laws 1955, ch. 114, § 11; 1977, ch. 247, § 131.