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