A. The governor shall prepare the budget and submit it to the legislative finance committee and each member of the legislature not later than January 5 in even-numbered years and not later than January 10 in odd-numbered years. In the preparation of the budget the governor may:

(1) change the tentative budget by adding new items, increasing or decreasing or eliminating items;

(2) obtain advice and assistance from any state agency; and

(3) hold hearings on the budget.

B. Any budget hearings conducted by the governor shall be open to the public. The governor may require the attendance of any head of an agency, whether elective or appointive. At the hearings, any officer or agency may protest budget items.

History: 1953 Comp., § 11-4-7.7, enacted by Laws 1955, ch. 114, § 12; 1999, ch. 5, § 12; 1999, ch. 15, § 12; 2004, ch. 39, § 1.

The 2004 amendment, effective May 19, 2004, amended Subsection A to change January 1 of each year to "January 5 in even-numbered years and not later than January 10 in odd-numbered years".

1999 amendments. — Laws 1999, ch. 5, § 12, effective June 18, 1999, adding the subsection designations and changing the internal designations in Subsection A accordingly; in Subsection A substituting "and submit it to the legislative finance committee and each member of the legislature not later than December 15 of each year" for "and shall submit the budget to the legislature not later than the 25th legislative day of each regular session"; deleting the last sentence in Subsection B, which read "A governor-elect shall be invited to attend budget hearings and shall have the right to make suggestions"; and making a minor stylistic change, was approved on March 1, 1999. However Laws 1999, ch. 15, § 12, effective June 18, 1999, making identical changes except referring to "January 1 of each year" instead of "December 15 of each year" at the end of the first sentence in Subsection A, was approved on March 10, 1999. The section was set out as amended by Laws 1999, ch. 15, § 12. See 12-1-8 NMSA 1978.

Provision of 1980 General Appropriation Act void. — The provision of the General Appropriation Act of 1980, Laws 1980, ch. 155, which refers to the disposition of federal funds received by the state auditor is a matter unrelated to an appropriation contained in the act, and is void. 1980 Op. Att'y Gen. No. 80-40.