0001|                           SENATE BILL 235
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          JOHN ARTHUR SMITH
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO FEDERAL REVENUES; PROHIBITING THE COMMITMENT OF
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0012|     CERTAIN FEDERAL FUNDS BY THE STATE HIGHWAY AND TRANSPORTATION
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0013|     DEPARTMENT WITHOUT THE EXPRESS AUTHORIZATION OF THE
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0014|     LEGISLATURE.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  FEDERAL FUNDS--COMMITMENT OF FUTURE FUNDING
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0018|     PROHIBITED--EXCEPTIONS.--
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0019|               A.  The legislature finds that actions by the state
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0020|     highway and transportation department that, without
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0021|     authorization from the legislature, attempt to commit future
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0022|     federal funding illegally bind future administrators,
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0023|     governors and legislatures.  The purpose of this section is to
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0024|     clarify that such actions are illegal and that any such
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0025|     commitments of future federal funding are void.
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0001|               B.  Neither the state highway and transportation
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0002|     department, the secretary of highway and transportation nor
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0003|     the state highway commission shall contract or otherwise
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0004|     arrange for the expenditure or other commitment of federal
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0005|     funds not yet received by the state unless:
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0006|                    (1)  the federal funds will be received no
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0007|     later than the end of the fiscal year following the fiscal
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0008|     year in which the contract or arrangement was entered into; or
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0009|                    (2)  the expenditure or other commitment of
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0010|     future federal funds has been expressly authorized by the
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0011|     legislature.
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0012|               C.  Except as provided in Paragraphs (1) and (2) of
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0013|     Subsection B of this section, any attempted commitment of
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0014|     future federal funding is null and void.
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0015|                              
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