45th legislature - STATE OF NEW MEXICO - first session, 2001

PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO TO PROVIDE THAT JUDGMENTS FOR MONETARY DAMAGES AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS CAN ONLY BE SATISFIED THROUGH UTILIZING A PROCEDURE ESTABLISHED BY LAW OR BY A SPECIFIC APPROPRIATION FROM THE LEGISLATURE.

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

Section 1. It is proposed to amend Article 9 of the constitution of New Mexico by adding a new section to read:

"No judgment for monetary damages against the state or one of its political subdivisions may be executed unless:

A. there is established by law a procedure for executing monetary judgments against the state or its political subdivisions; or

B. the legislature, by law, has appropriated the amount to satisfy the judgment."

Section 2. It is proposed to amend Article 8 of the constitution of New Mexico by repealing Section 7.

Section 3. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date which may be called for that purpose.