Opinion No. 68-87
August 27, 1968
TO: Mr. Robert E. Kirkpatrick Deputy Director Department of Finance & Administration Legislative-Executive Bldg. Santa Fe, N. M.
QUESTION
QUESTION
What recourse, if any, does a holder of a warrant issued by the State have to collect for past services, material sold or other, if the warrant is held over one year without being cashed?
CONCLUSION
See analysis.
OPINION
{*139} ANALYSIS
Section 11-2-43,3. N.M.S.A., 1953 Compilation of the Warrant {*140} Cancellation Act provides in part as follows:
"A. Whenever any warrant issued by the state, county, municipality, school district or special district is unpaid for one [1] year after it becomes payable, the fiscal officer shall cancel it.
D. Warrants canceled under subsection A are void and the indebtedness evidenced thereby is extinguished, which is hereby declared to be an express condition of every contract under which state warrants are issued; Provided, however, all state warrants which are outstanding at the time the Warrant Cancellation Act [11-2-43.1 to 11-2-43.3] takes effect may be redeemed and the indebtedness evidenced thereby preserved by complying with sections 11-2-45 and 11-2-46 New Mexico Statutes Annotated, 1953 Compilation for the issuance of a duplicate warrant." (Emphasis added.)
It is our opinion that the above quoted section is clear and unambiguous, one who fails to cash a warrant within the time period stated is without recourse against the State.
By: Gary O'Dowd
Assistant Attorney General