SENATE BILL 162

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

George K. Muñoz

 

 

 

 

 

AN ACT

RELATING TO PUBLIC FINANCE; PROHIBITING THE DRAWING OR PAYMENT OF A WARRANT BY AN EMPLOYEE OF A STATE AGENCY WHEN THERE IS AN INSUFFICIENT BALANCE; PRESCRIBING PENALTIES.

 

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

     SECTION 1. A new section of Chapter 6, Article 5 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DRAWING OR PAYMENT OF A WARRANT BY AN EMPLOYEE OF A STATE AGENCY WHEN THERE IS AN INSUFFICIENT BALANCE--PENALTY.--

          A. If an employee of a state agency draws a warrant or directs another employee of a state agency to draw a warrant on the secretary of finance and administration when that employee knows or, with the use of available accounting information, should reasonably know that there is an insufficient unexpended and unencumbered balance available for the purpose for which the warrant is drawn, the employee is in violation of this section unless the warrant is redeemed using receivables accrued for that fiscal year pursuant to the policies of the department of finance and administration.

          B. An employee who violates this section is guilty of a misdemeanor and shall, upon conviction, be fined not more than one thousand dollars ($1,000). The state shall not employ any person so convicted for a period of five years after the date of conviction."

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