Immediately after the passage of any bill or resolution, it shall be enrolled and engrossed, and read publicly in full in each house, and thereupon shall be signed by the presiding officers of each house in open session, and the fact of such reading and signing shall be entered on the journal. No interlineation or erasure in a signed bill, shall be effective, unless certified thereon in express terms by the presiding officer of each house quoting the words interlined or erased, nor unless the fact of the making of such interlineation or erasure be publicly announced in each house and entered on the journal.

ANNOTATIONS

Comparable provisions. — Idaho Const., art. III, § 21.

Iowa Const., art. III, § 15.

Utah Const., art. VI, § 24.

Wyoming Const., art. III, § 28.

Constitutional requirements. — Where a law in the form as enacted by the legislature is enrolled and engrossed and read publicly in full in each house, and deposited with the secretary of state, constitutional requirements are met. State v. Armstrong, 1924-NMSC-089, 31 N.M. 220, 243 P. 333.

Section requires enrolling and engrossing of resolution proposing constitutional amendment. Smith v. Lucero, 1917-NMSC-069, 23 N.M. 411, 168 P. 709.

Effect of time limitations. — While N.M. Const., art. IV, § 5, constitutes the time during which the legislature may exercise its legislative prerogative of enacting laws, this section does not operate to restrain the legislature from complying fully with definitely imposed nondiscretionary lawmaking duties; it should not in reason be construed to defeat the performance of mandatory incidental duties that are indispensable to be performed in order to effectuate the lawmaking power already exercised in due and proper season. Dillon v. King, 1974-NMSC-096, 87 N.M. 79, 529 P.2d 745.

Enrolled bill doctrine. — Under "enrolled and engrossed bill" doctrine, adopted by supreme court, an enrolled and engrossed bill, properly signed and authenticated, approved by the governor and deposited with the secretary of state is conclusive as to the regularity of its enactment, and court cannot look behind it to the journals to ascertain whether constitutional requirements have been met. Thompson v. Saunders, 1947-NMSC-075, 52 N.M. 1, 189 P.2d 87; State ex rel. Wood v. King, 1979-NMSC-106, 93 N.M. 715, 605 P.2d 223; see also Smith v. Lucero, 1917-NMSC-069, 23 N.M. 411, 168 P. 709; Kelley v. Marron, 1915-NMSC-092, 21 N.M. 239, 153 P. 262; but see, Dillon v. King, 1974-NMSC-096, 87 N.M. 79, 529 P.2d 745, authorizing inquiry into question of whether a challenged act was passed within the constitutional limitation set in N.M. Const., art. IV, § 5.

Section inapplicable to veto. — The significance of the enrolled and engrossed bill attaches to its enactment and approval as a law, not to its veto. State ex rel. Wood v. King, 1979-NMSC-106, 93 N.M. 715, 605 P.2d 223.

Authority of presiding officers. — Presiding officers of the two houses of the legislature have authority to approve interlineations and erasures so the enrolled and engrossed bill may compare exactly with the original measure in the form in which it was finally passed in both houses of the legislature, but they may not make changes in the enrolled and engrossed bill which would modify the original bill. 1951 Op. Att'y Gen. No. 51-5341.

Correction of obvious error. — Where, subsequent to passage of a certain joint resolution proposing a constitutional amendment to N.M. Const., art. VII, § 1, an error appeared in the enrolled and engrossed bill, which referred to § 2 rather than § 1, the secretary of state could correct the obvious error in the joint resolution without the additional signatures of the presiding officers of both houses; however, this opinion does not purport to establish as precedent discretionary authority in the office of the secretary of state for making changes or corrections in enrolled and engrossed legislative enactments which changes have not been previously called to the attention of the attorney general's office for a determination of the nature of the alleged errors. 1958 Op. Att'y Gen. No. 58-196.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 73 Am. Jur. 2d Statutes §§ 65, 68, 90.

Effect of failure of officers of legislature to sign bills as required by constitutional provisions, 95 A.L.R. 278.

82 C.J.S. Statutes §§ 60, 61.