HOUSE BILL 293

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Nathan P. Small

AN ACT

RELATING TO PUBLIC FINANCE; PROVIDING THAT THE STATUTE PROHIBITING THE WRONGFUL DRAWING OR PAYMENT OF WARRANTS SUPERSEDES OTHER STATUTES TO THE CONTRARY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 8-6-7 NMSA 1978 (being Laws 1987, Chapter 183, Section 1, as amended) is amended to read:

     "8-6-7. WRONGFUL DRAWING OR PAYMENT OF WARRANT BY SECRETARY OR TREASURER--PENALTY.--

          A. [If] Notwithstanding any other provision of law to the contrary, the secretary of finance and administration [draws any] shall not draw a warrant on the state [treasurer] treasury when [he] the secretary knows or, with the use of available accounting information, should reasonably know that 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] in accordance with department of finance and administration policy.

          B. [If] Notwithstanding any other provision of law to the contrary, the state treasurer [pays any] shall not pay a warrant when [he] the state treasurer knows or, with the use of available accounting information, should reasonably know that 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] in accordance with department of finance and administration policy.

          C. A violation of this section is punishable by a fine of [not more than] one thousand dollars ($1,000) or [by] less, imprisonment for [not more than] one year or less or both."

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