HOUSE BILL 936
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Roberto "Bobby" J. Gonzales
AN ACT
RELATING TO CAPITAL EXPENDITURES; REAUTHORIZING OR REAPPROPRIATING BALANCES, EXPANDING OR CHANGING PURPOSES OR LOCATIONS, EXTENDING EXPENDITURE PERIODS, CHANGING AGENCIES AND ESTABLISHING CONDITIONS FOR THE REVERSION OF UNEXPENDED BALANCES OF CAPITAL OUTLAY PROJECTS APPROVED BY THE LEGISLATURE IN PRIOR YEARS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SEVERANCE TAX BONDS--REVERSION OF UNEXPENDED PROCEEDS.--
A. Except as otherwise provided in another section of this act, the unexpended balance from the proceeds of severance tax bonds issued for a project that has been reauthorized in this act shall revert to the severance tax bonding fund as follows:
(1) for projects for which severance tax bonds were issued to match federal grants, six months after completion of the project;
(2) for projects for which severance tax bonds were issued to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; educational technology; or other equipment or furniture that is not related to a more inclusive construction or renovation project, at the end of the fiscal year two years following the fiscal year in which the severance tax bonds were issued for the purchase; and
(3) for all other projects for which severance tax bonds were issued, within six months of completion of the project, but no later than the end of fiscal year 2011.
B. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.
Section 2. GENERAL FUND AND OTHER FUND APPROPRIATIONS-- LIMITATIONS--REVERSIONS.--
A. Except as otherwise provided in another section of this act, the unexpended balance of an appropriation from the general fund or other state fund that has been changed in this act shall revert to the originating fund as follows:
(1) for projects for which appropriations were made to match federal grants, six months after completion of the project;
(2) for projects for which appropriations were made to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; educational technology; or equipment or furniture that is not related to a more inclusive construction or renovation project, at the end of the fiscal year two years following the fiscal year in which the appropriation was made for the purchase; and
(3) for all other projects for which appropriations were made, within six months of completion of the project, but no later than the end of fiscal year 2011.
B. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.
Section 3. LA PROMESA EARLY LEARNING CENTER FACILITIES CONSTRUCT--CHANGE TO BUILDING PURCHASE--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the public education department in Subsection 11 of Section 8 of Chapter 111 of Laws 2006 to construct facilities for La Promesa early learning center charter school in the Albuquerque public school district in Bernalillo county shall not be expended for the original purpose but is changed to plan, design and purchase a building for that school in that district.
Section 4. ROSWELL BRONZE PIONEER SCULPTURE--CHANGE LOCATION TO CHAVES COUNTY--GENERAL FUND.--The location of the local government division project in Subsection 177 of Section 52 of Chapter 111 of Laws 2006 to design, construct and install a bronze pioneer sculpture in Roswell is changed to Chaves county.
Section 5. SUNLAND PARK COMMUNITY CENTER--CHANGE TO SPORTS COMPLEX--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division of the department of finance and administration in Subsection 149 of Section 18 of Chapter 111 of Laws 2006 for a community center in Sunland Park in Dona Ana county shall not be expended for its original purpose but is changed to plan, design and construct a sports complex in Sunland Park.
Section 6. DEMING NORTH INDUSTRIAL PARK RAILROAD SWITCHES--CHANGE TO WATER SYSTEM IMPROVEMENTS--GENERAL FUND.--The unexpended balance of the appropriation to the department of transportation in Subsection 155 of Section 52 of Chapter 347 of Laws 2005 for railroad siding switches in the north industrial park in Deming shall not be expended for the original purpose but is appropriated to the department of environment to plan, design, construct and equip water system improvements in Deming in Luna county.
Section 7. ALAMOGORDO HIGH SCHOOL TENNIS COMPLEX--CHANGE LOCATION TO CITY OF ALAMOGORDO--SEVERANCE TAX BONDS.--The location of the local government division project in Subsection 217 of Section 18 of Chapter 111 of Laws 2006 for a tennis complex in the Alamogordo public school district in Otero county is changed to the city of Alamogordo.
Section 8. TULAROSA WASTEWATER RESERVOIRS CONSTRUCT--EXPAND PURPOSE--GENERAL FUND.--The department of environment project in Subsection 98 of Section 45 of Chapter 111 of Laws 2006 to plan, design and construct wastewater reservoirs in Tularosa in Otero county may include wastewater system improvements.
Section 9. BLOOMFIELD SIDEWALK AND BIKE LANE IMPROVEMENTS--CHANGE TO NORTH FRONTIER ROADWAY IMPROVEMENTS--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the department of transportation in Subsection 76 of Section 22 of Chapter 111 of Laws 2006 for sidewalk and bike lane improvements on Third and Fourth streets in Bloomfield in San Juan county shall not be expended for the original purpose but is changed to plan, design and construct roadway improvements to North Frontier street in Bloomfield.
Section 10. QUESTA MUSEUM IMPROVEMENTS--CHANGE TO MULTI-USE BUILDING IMPROVEMENTS--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division of the department of finance and administration in Subsection 287 of Section 16 of Chapter 347 of Laws 2005 for museum improvements in Questa in Taos county shall not be expended for the original purpose but is changed to plan, design, construct, renovate, equip and furnish improvements to a multi-use building in Questa.
Section 11. CLAYTON ARMORY RE-ROOF--CHANGE TO PROPERTY RENOVATIONS--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division of the department of finance and administration in Subsection 247 of Section 22 of Chapter 110 of Laws 2002 for the armory in Clayton in Union county shall not be expended for the original purpose but is changed to renovate any town-owned building or property in Clayton.
Section 12. PROJECT SCOPE--EXPENDITURES.--If an appropriation for a project authorized in this act is not sufficient to complete all the purposes specified, the appropriation may be expended for any portion of the purposes specified in the appropriation. Expenditures shall not be made for purposes other than those specified in the appropriation.
Section 13. ART IN PUBLIC PLACES.--Pursuant to Section 13-4A-4 NMSA 1978 and where applicable, the appropriations authorized in this act include one percent for the art in public places fund.
Section 14. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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