N.M. Stat. § 8-6-7
Wrongful drawing or payment of warrant by secretary or
treasurer; penalty.
A. If the secretary of finance and administration draws any warrant on the state
treasurer when he knows or, with the use of available accounting information, should
reasonably know there is an insufficient unexpended and unencumbered balance
available for the purpose for which the warrant is drawn, he is in violation of this section
unless the warrant will be redeemed using receivables accrued for that fiscal year
pursuant to policies of the department of finance and administration.
B. If the state treasurer pays any warrant when he knows or, with the use of
available accounting information, should reasonably know there are insufficient funds
available in the treasury for the purpose to pay the warrant, he is in violation of this
section unless the warrant will be redeemed using receivables accrued for that fiscal
year pursuant to policies of the department of finance and administration.
C. A violation of this section is punishable by a fine of not more than one thousand
dollars ($1,000) or by imprisonment for not more than one year or both.