SENATE BILL 175

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

INTRODUCED BY

Rod Adair

AN ACT

RELATING TO DEVELOPMENTAL DISABILITIES; PROHIBITING THE USE OF AGENCY FUNDS TO PAY PLAINTIFFS' ATTORNEYS FROM THE ACLU V. CYFD LAWSUIT IN FISCAL YEAR 2011; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     Section 1. PROHIBITION ON PAYMENT TO PLAINTIFFS' ATTORNEYS.--

          A. No funds shall be expended to pay attorney fees, expert witness fees or other expenses that may be claimed by plaintiffs' attorneys in the ACLU v. CYFD lawsuit and settlement, NM Dist. Ct., 1st Jud. Dist. No. D-0101-CV-2007-02921 or related cases.

          B. Upon enactment of this measure, the children, youth and families department, the corrections department, the human services department, the vocational rehabilitation division of the public education department and other involved departments shall cease using any funds for the purpose of paying such plaintiffs' attorney fees.

          C. Funds saved by the enactment of this measure shall be appropriated to reduce the developmental disabilities waiver waiting list and are authorized for transfer to the department of health for that purpose.

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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