HOUSE BILL 373

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Edward C. Sandoval

FOR THE LEGISLATIVE FINANCE COMMITTEE

AN ACT

RELATING TO PUBLIC FINANCES; REQUIRING ALL AGENCIES TO OBTAIN APPROVAL FOR PRIOR FISCAL YEAR OBLIGATIONS.

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

     Section 1. Section 6-10-4 NMSA 1978 (being Laws 1963, Chapter 35, Section 1, as amended) is amended to read:

     "6-10-4. PAYMENT OF OBLIGATIONS OF PRIOR YEARS FROM CURRENT YEAR APPROPRIATIONS.--[A. Except as provided in Subsection B of this section] Appropriations made for a specific fiscal year may not be used for paying obligations of any prior fiscal year except upon approval of the department. As a condition to the approval, the department shall certify that there existed in the affected state agency's budget at the end of the fiscal year sufficient funds, including uncollected earned revenue, to pay the obligation had the bill been presented prior to the end of that fiscal year. The department shall make quarterly reports to the legislative finance committee concerning all authorizations of payment.

          [B. Appropriations to the human services department for medicaid payments may be expended by that department for medicaid obligations for prior fiscal years.]"

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