SENATE BILL 173

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Rod Adair

AN ACT

RELATING TO DEVELOPMENTAL DISABILITIES; ENACTING THE DEVELOPMENTAL DISABILITIES ENHANCED APPROPRIATION ACT OF 2010; PROHIBITING AGENCY PAYMENT OF PLAINTIFFS' ATTORNEY BILLS; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Developmental Disabilities Enhanced Appropriation Act of 2010".

     Section 2. PROHIBITION ON AGENCY PAYMENT OF PLAINTIFFS' ATTORNEY BILLS.--

          A. Upon enactment of this measure, the department of health shall not use any funds for the purpose of paying plaintiffs' attorneys or their expert witnesses or any other expense claimed for fiscal year 2010 beyond those already disbursed in fiscal year 2010 by plaintiffs' attorneys in the Jackson v. Ft. Stanton lawsuit, 757 F. Supp. 1243 (D.N.M. 1990) or in any other Jackson et al. cases that began in 1987 or 1988.

          B. Funds saved by the adoption of this measure shall be appropriated for the developmental disabilities waiver waiting list.

     Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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