House Bill text for HB0005

HOUSE BILL 5

49th legislature - STATE OF NEW MEXICO - second special session, 2010

INTRODUCED BY

Jim R. Trujillo

AN ACT

RELATING TO CAPITAL EXPENDITURES; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX BONDS; AUTHORIZING EXPENDITURES FROM CERTAIN FUNDS AND BALANCES; CLARIFYING CONDITIONS FOR THE ISSUANCE OF BONDS; ESTABLISHING CONDITIONS FOR THE EXPENDITURE OF SEVERANCE TAX BOND PROCEEDS; ESTABLISHING CONDITIONS FOR THE REVERSION OF UNEXPENDED BALANCES; MAKING APPROPRIATIONS; REAUTHORIZING OR REAPPROPRIATING BALANCES, EXPANDING OR CHANGING PURPOSES, EXTENDING EXPENDITURE PERIODS AND CHANGING AGENCIES; DECLARING AN EMERGENCY.

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

Section 1. SEVERANCE TAX BONDS--AUTHORIZATIONS--APPROPRIATION OF PROCEEDS.--

A. The state board of finance may issue and sell severance tax bonds in compliance with the Severance Tax Bonding Act in an amount not to exceed the total of the amounts authorized for purposes specified in this act or may allocate to such purposes the proceeds of severance tax bonds reauthorized for but not allocated to specific purposes in acts of the second session of the forty-ninth legislature. The state board of finance shall schedule the issuance and sale of the bonds in the most expeditious and economical manner possible upon a finding by the board that the project has been developed sufficiently to justify the issuance and that the project can proceed to contract within a reasonable time. The state board of finance shall further take the appropriate steps necessary to comply with the Internal Revenue Code of 1986, as amended. Proceeds from the sale of the bonds and proceeds of severance tax bonds reauthorized for but not allocated to specific purposes in acts of the second session of the forty-ninth legislature are appropriated for the purposes specified in this act.

B. The agencies named in this act shall certify to the state board of finance when the money from the proceeds of the severance tax bonds appropriated in this section is needed for the purposes specified in the applicable section of this act. If an agency has not certified the need for severance tax bond proceeds for a particular project, including projects that have been reauthorized, by the end of fiscal year 2012, the authorization for that project is void.

C. Before an agency may certify for the need of severance tax bond proceeds, the project must be developed sufficiently so that the agency reasonably expects to:

(1) incur within six months after the applicable bond proceeds are available for the project a substantial binding obligation to a third party to expend at least five percent of the bond proceeds for the project; and

(2) spend at least eighty-five percent of the bond proceeds within three years after the applicable bond proceeds are available for the project.

D. Except as otherwise specifically provided by law:

(1) the unexpended balance from the proceeds of severance tax bonds appropriated in this act for a project shall revert to the severance tax bonding fund no later than the following dates:

(a) for a project for which severance tax bond proceeds were appropriated to match federal grants, six months after completion of the project;

(b) for a project for which severance tax bond proceeds were appropriated to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; books; 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 bond proceeds were made available for the purchase; and

(c) for any other project for which severance tax bonds were appropriated, within six months of completion of the project, but no later than the end of fiscal year 2014; and

(2) all remaining balances from the proceeds of severance tax bonds appropriated for a project in this act shall revert to the severance tax bonding fund three months after the latest reversion date specified for that type of project in Paragraph (1) of this subsection.

E. Except for appropriations to the capital program fund, money from severance tax bond proceeds provided pursuant to this act shall not be used to pay indirect project costs.

F. 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. OTHER FUND APPROPRIATIONS--LIMITATIONS--REVERSIONS.--

A. Except as otherwise specifically provided by law:

(1) the unexpended balance of an appropriation made in this act from other state funds shall revert no later than the following dates:

(a) for a project for which an appropriation was made to match federal grants, six months after completion of the project;

(b) for a project for which an appropriation was made to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; books; 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 appropriation was made for the purchase; and

(c) for any other project for which an appropriation was made, within six months of completion of the project, but no later than the end of fiscal year 2014; and

(2) all remaining balances from an appropriation made in this act for a project shall revert three months after the latest reversion date specified for that type of project in Paragraph (1) of this subsection.

B. Except for appropriations to the capital program fund, money from appropriations made in this act shall not be used to pay indirect project costs.

C. Except as provided in Subsection E of this section, the balance of an appropriation made from the general fund shall revert in the time frame set forth in Subsection A of this section to the capital projects fund.

D. Except as provided in Subsection E of this section, the balance of an appropriation made from other state funds shall revert in the time frame set forth in Subsection A of this section to the originating fund.

E. The balance of an appropriation made from the general fund or other state fund to the Indian affairs department or the aging and long-term services department for a project located on lands of an Indian nation, tribe or pueblo shall revert in the time frame set forth in Subsection A of this section to the tribal infrastructure project fund.

F. 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. ADMINISTRATIVE OFFICE OF THE COURTS PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the administrative office of the courts that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the administrative office of the courts to purchase and install security equipment, including related infrastructure, at courts statewide.

Section 4. CAPITAL PROGRAM FUND PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the property control division of the general services department that the need exists for the issuance of the bonds, the following amounts are appropriated to the capital program fund for the following purposes:

1. four hundred thousand dollars ($400,000) to renovate and equip the youth diagnostic and development center and Camino Nuevo site in Albuquerque in Bernalillo county in accordance with the Missouri model and implementation of Cambiar New Mexico;

2. five hundred thousand dollars ($500,000) for upgrades, including walkways, sidewalks, ramps and stairs, to comply with the Americans with Disabilities Act of 1990 at the youth diagnostic and development center campus in Albuquerque in Bernalillo county;

3. five hundred thousand dollars ($500,000) to upgrade the security systems at the youth diagnostic and development center and at the Camino Nuevo site in Albuquerque in Bernalillo county;

4. five hundred thousand dollars ($500,000) to purchase, install, equip and furnish the tri-services lab facility project, including moving new and existing furniture and equipment, at the state laboratory services building in Albuquerque in Bernalillo county;

5. four hundred thousand dollars ($400,000) to replace the roof and make improvements, including mold remediation and structural and plumbing repairs, at the motor vehicle division's Clovis field office in Curry county;

6. two million five hundred thousand dollars ($2,500,000) to complete construction of the Santa Teresa port of entry in Dona Ana county;

7. eight hundred twenty thousand dollars ($820,000) for continued construction and infrastructure improvements at the department of public safety district offices in Las Cruces in Dona Ana county and Las Vegas in San Miguel county;

8. seven million dollars ($7,000,000) to plan, design and construct the New Meadows and Ponderosa buildings at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

9. two million dollars ($2,000,000) to upgrade the heating, ventilation and air conditioning systems and infrastructure at the southern New Mexico correctional facility in Dona Ana county and the central New Mexico correctional facility in Valencia county;

10. two million four hundred thousand dollars ($2,400,000) for patient health and safety improvements at department of health facilities statewide;

11. five hundred thousand dollars ($500,000) for demolition, decommissioning and asbestos abatement of state buildings, including the oil conservation field office in Hobbs in Lea county, El Camino building and CBS barracks at the behavioral health institute in Las Vegas in San Miguel county and the old dormitory at the New Mexico rehabilitation center in Roswell in Chaves county; and

12. three million four hundred eighty thousand dollars ($3,480,000) for repairs, renovations, deferred maintenance, restoration and infrastructure improvements at state buildings statewide.

Section 5. CULTURAL AFFAIRS DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the cultural affairs department that the need exists for the issuance of the bonds, one million one hundred thousand dollars ($1,100,000) is appropriated to the cultural affairs department for repairs and infrastructure improvements, including security, fire suppression, electrical, sewer and utility upgrades and improvements to comply with the Americans with Disabilities Act of 1990, to state museums and monuments statewide.

Section 6. CUMBRES AND TOLTEC SCENIC RAILROAD COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the Cumbres and Toltec scenic railroad commission that the need exists for the issuance of the bonds, four hundred thousand dollars ($400,000) is appropriated to the Cumbres and Toltec scenic railroad commission for track rehabilitation and improvements to the Cumbres and Toltec scenic railroad in Rio Arriba county.

Section 7. OFFICE OF THE STATE ENGINEER PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the office of the state engineer that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the office of the state engineer for construction and improvements to the Cabresto Lake dam in Taos county, the Bluewater dam in Cibola county and the Hatch site 6 dam in Dona Ana county.

Section 8. DEPARTMENT OF FINANCE AND ADMINISTRATION PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of finance and administration that the need exists for the issuance of the bonds, the following amounts are appropriated to the department of finance and administration for the following purposes:

1. two million dollars ($2,000,000) to plan, design, purchase, acquire, construct and improve infrastructure for colonias statewide;

2. two million five hundred thousand dollars ($2,500,000) for infrastructure development, design and construction for a financial services economic development project in Bernalillo county pursuant to the Local Economic Development Act; and

3. six million dollars ($6,000,000) for infrastructure development, design and construction of a technical support center in Rio Rancho in Sandoval county pursuant to the Local Economic Development Act.

Section 9. EDUCATIONAL INSTITUTION PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the following agencies that the need exists for the issuance of the bonds, the following amounts are appropriated to the following agencies for the following purposes:

1. one million dollars ($1,000,000) to the board of regents of eastern New Mexico university for infrastructure improvements, including heating, ventilation and air conditioning and other improvements to the Greyhound arena, at eastern New Mexico university in Portales in Roosevelt county; and

2. three million dollars ($3,000,000) to the higher education department for roof improvements and replacement at New Mexico junior college in Hobbs in Lea county.

Section 10. TRIBAL INFRASTRUCTURE PROJECT FUND PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of finance and administration that the need exists for the issuance of the bonds, two million five hundred thousand dollars ($2,500,000) is appropriated to the tribal infrastructure project fund for tribal infrastructure projects related to water, wastewater, electrical systems, communications, roads, health, emergency facilities and economic development statewide to carry out the provisions of the Tribal Infrastructure Act.

Section 11. DEPARTMENT OF PUBLIC SAFETY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of public safety that the need exists for the issuance of the bonds, three hundred thousand dollars ($300,000) is appropriated to the department of public safety to purchase and equip vehicles.

Section 12. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE GAME AND FISH BOND RETIREMENT FUND AND THE GAME PROTECTION FUND.--The following amounts are appropriated from the following funds to the department of game and fish for expenditure in fiscal years 2010 through 2014, unless otherwise provided for in Section 2 of this act, to construct and make improvements to integrate the existing cold water fish hatchery at the Rock Lake warm water fish hatchery in Guadalupe county:

1. one million two hundred thousand dollars ($1,200,000) from the game and fish bond retirement fund; and

2. two million three hundred thousand dollars ($2,300,000) from the game protection fund.

Section 13. DEPARTMENT OF TRANSPORTATION PROJECT--APPROPRIATION FROM THE STATE ROAD FUND.--Three hundred fifty thousand dollars ($350,000) is appropriated from the state road fund to the department of transportation for expenditure in fiscal years 2010 through 2014, unless otherwise provided for in Section 2 of this act, for purchase, installation and construction of salt storage facilities in Clines Corners in Torrance county.

Section 14. COURT OF APPEALS BUILDING ON THE UNIVERSITY OF NEW MEXICO CAMPUS--EXPAND PURPOSE--SEVERANCE TAX BONDS.--The court of appeals project in Laws 2008, Chapter 92, Section 6 to construct a building for the court of appeals adjacent to the law school at the university of New Mexico in Albuquerque in Bernalillo county may include purchasing and installing furniture, fixtures and equipment.

Section 15. EXPLORA SCIENCE CENTER AND CHILDREN'S MUSEUM--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 21 of Section 16 of Chapter 347 of Laws 2005 and reauthorized in Laws 2006, Chapter 107, Section 18 for exhibits, furniture, fixtures, equipment, facilities, portable buildings and an addition at the Explora science center and children's museum in Albuquerque in Bernalillo county is extended through fiscal year 2012.

Section 16. EXPLORA SCIENCE CENTER AND CHILDREN'S MUSEUM--EXTEND TIME--GENERAL FUND.--The time of expenditure for the local government division project in Subsection 30 of Section 45 of Chapter 347 of Laws 2005 and reauthorized in Laws 2006, Chapter 107, Section 18 for exhibits, furniture, fixtures, equipment, facilities, portable buildings and an addition at the Explora science center and children's museum in Albuquerque in Bernalillo county is extended through fiscal year 2012.

Section 17. STATE MULTIPURPOSE EQUESTRIAN FACILITY--CHANGE TO TINGLEY COLISEUM IMPROVEMENTS--CHANGE AGENCY--SEVERANCE TAX BONDS.--Two million six hundred twenty-five thousand dollars ($2,625,000) of the unexpended balance of the appropriation to the property control division of the general services department in Paragraph (12) of Subsection B of Section 2 of Chapter 5 of Laws 2009 for a state multipurpose equestrian facility at the state fairgrounds in Bernalillo county shall not be expended for the original purpose but is appropriated to the state fair commission to plan, design, construct, renovate and improve Tingley coliseum and other facilities at Expo New Mexico in Albuquerque in Bernalillo county.

Section 18. STATE BUILDINGS REPAIRS AND RENOVATIONS--CHANGE TO ALBUQUERQUE TRI-SERVICES LAB PROJECT--GENERAL FUND.--The unexpended balance of the appropriation to the capital program fund originally appropriated in Subsection 12 of Section 38 of Chapter 42 of Laws 2007 and reappropriated in Laws 2009, Chapter 128, Section 500 for emergency repairs, repairs and renovations to state buildings statewide shall not be expended for the original or reappropriated purpose but is changed to purchase, install, equip and furnish the tri-services lab facility project, including moving new and existing furniture and equipment, at the state laboratory services building in Albuquerque in Bernalillo county.

Section 19. STATE BUILDINGS IMPROVEMENTS--CHANGE TO STATE LABORATORY TRI-SERVICES LAB FACILITY--SEVERANCE TAX BONDS.--Six hundred seventy thousand forty-eight dollars ($670,048) of the unexpended balance of the appropriation to the capital program fund in Subsection 9 of Section 3 of Chapter 7 of Laws 2009 (1st S.S.) for improvements to state buildings statewide shall not be expended for the original purpose but is changed to purchase, install, equip and furnish the tri-services lab facility project at the state laboratory services building in Albuquerque in Bernalillo county.

Section 20. STATE MULTIPURPOSE EQUESTRIAN FACILITY--CHANGE TO UNIVERSITY OF NEW MEXICO BASEBALL STADIUM--CHANGE AGENCY--SEVERANCE TAX BONDS.--Two million dollars ($2,000,000) of the unexpended balance of the appropriation to the property control division of the general services department in Paragraph (12) of Subsection B of Section 2 of Chapter 5 of Laws 2009 for a state multipurpose equestrian facility at the state fairgrounds in Bernalillo county shall not be expended for the original purpose but is appropriated to the board of regents of the university of New Mexico to plan, design, demolish, furnish, construct, renovate and equip the baseball stadium at the university of New Mexico in Albuquerque in Bernalillo county.

Section 21. COUNTY FAIRGROUNDS AND RODEO FACILITIES IMPROVEMENTS--CHANGE TO UNIVERSITY OF NEW MEXICO MAGNETIC RESONANCE IMAGING SCANNER--CHANGE AGENCY--SEVERANCE TAX BONDS.--Seven hundred thousand dollars ($700,000) of the unexpended balance of the appropriation to the department of finance and administration in Subsection 5 of Section 22 of Chapter 125 of Laws 2009 to plan, design, construct and equip county fairgrounds and public rodeo facilities statewide shall not be expended for the original purpose but is appropriated to the board of regents of the university of New Mexico to acquire a magnetic resonance imaging scanner for the tri-services lab facility for use by the office of the medical investigator in Albuquerque in Bernalillo county.

Section 22. CANNON AIR FORCE BASE INFRASTRUCTURE, EXPANSION AND RENOVATION--CHANGE AGENCY--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation originally authorized to the department of finance and administration in Subsection 2 of Section 15 of Chapter 111 of Laws 2006 to acquire land and water rights and to plan, design and construct infrastructure for Cannon air force base in Curry county and reauthorized in Laws 2007, Chapter 341, Section 98 to include acquiring land and water rights statewide and renovating, equipping and furnishing infrastructure and other improvements to be used in connection with the new mission of Cannon air force base, including expansion and renovation of the base, is appropriated to the office of military base planning and support for those purposes.

Section 23. DE BACA COUNTY TRANSFER STATION EQUIPMENT PURCHASE--EXPAND PURPOSE--EXTEND TIME--SEVERANCE TAX BONDS.--The department of environment project in Subsection 15 of Section 15 of Chapter 92 of Laws 2008 to purchase equipment for a transfer station in De Baca county may include designing, constructing and equipping a transfer station. The time of expenditure is extended through fiscal year 2012.

Section 24. STATE MULTIPURPOSE EQUESTRIAN FACILITY--CHANGE TO NEW MEXICO STATE UNIVERSITY PAN AMERICAN CENTER--CHANGE AGENCY--SEVERANCE TAX BONDS.--Two hundred fifty thousand dollars ($250,000) of the unexpended balance of the appropriation to the property control division of the general services department in Paragraph (12) of Subsection B of Section 2 of Chapter 5 of Laws 2009 for a state multipurpose equestrian facility at the state fairgrounds in Bernalillo county shall not be expended for the original purpose but is appropriated to the board of regents of New Mexico state university to plan, design, construct, equip and furnish the Pan American center, including demolition and installing a floor, at New Mexico state university in Dona Ana county.

Section 25. SANTA TERESA SAFETY INSPECTION STATION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the capital program fund project in Paragraph (6) of Subsection B of Section 25 of Chapter 429 of Laws 2003 and reauthorized in Laws 2008, Chapter 83, Section 398 to plan, design, construct, equip and furnish a safety inspection station at Santa Teresa in Dona Ana county is extended through fiscal year 2012.

Section 26. HATCH WASTEWATER SYSTEM IMPROVEMENTS--EXTEND TIME--GENERAL FUND.--The time of expenditure for the department of environment project in Subsection 38 of Section 45 of Chapter 111 of Laws 2006 for regional wastewater improvements in Hatch in Dona Ana county is extended through fiscal year 2012.

Section 27. ALBUQUERQUE EQUESTRIAN FACILITY--CHANGE TO SANTA TERESA SAFETY INSPECTION STATION--CHANGE AGENCY--SEVERANCE TAX BONDS.--One million four hundred eighty thousand dollars ($1,480,000) of the unexpended balance of the appropriation to the local government division in Subsection 9 of Section 21 of Chapter 92 of Laws 2008 for an equestrian facility in Albuquerque in Bernalillo county shall not be expended for the original purpose but is appropriated to the capital program fund to plan, design, construct, equip and furnish a safety inspection station in Santa Teresa in Dona Ana county.

Section 28. SANTA TERESA SAFETY INSPECTION STATION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the capital program fund project in Paragraph (3) of Subsection B of Section 25 of Chapter 429 of Laws 2003 and reauthorized in Laws 2008, Chapter 83, Section 208 to plan, design and construct a safety inspection station at Santa Teresa in Dona Ana county is extended through fiscal year 2012.

Section 29. SANTA TERESA SAFETY INSPECTION STATION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the capital program fund project in Subsection C of Section 5 of Chapter 2 of Laws 1999 (1st S.S.) and reauthorized in Laws 2003, Chapter 429, Section 124 and again in Laws 2008, Chapter 83, Section 209 to plan, design and construct a safety inspection station in Santa Teresa in Dona Ana county is extended through fiscal year 2012.

Section 30. SANTA TERESA SAFETY INSPECTION STATION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the capital program fund project in Paragraph (10) of Subsection B of Section 25 of Chapter 429 of Laws 2003 and reauthorized in Laws 2005, Chapter 347, Section 181 and again in Laws 2008, Chapter 83, Section 397 to plan, design, construct, equip and furnish a safety inspection station at Santa Teresa in Dona Ana county is extended through fiscal year 2012.

Section 31. MORA, LAS VEGAS AND WEST LAS VEGAS PUBLIC SCHOOL DISTRICTS INFORMATION TECHNOLOGY AND PHONE SYSTEMS--CLARIFYING THE PURPOSE--EXTENDING THE TIME--GENERAL FUND.--The local government division project originally appropriated in Paragraph (10) of Subsection B of Section 63 of Chapter 111 of Laws 2006 and reappropriated in Laws 2007, Chapter 341, Section 209 and further reappropriated in Laws 2009, Chapter 128, Section 348 to purchase and install an automated phone system for the Mora independent school district, west Las Vegas public school district, Las Vegas city public school district and Wagon Mound public school district and to purchase and install information technology, including related equipment, furniture and infrastructure, in the Mora independent school district in San Miguel and Mora counties may be expended for these purposes by these school districts with the exception of the Wagon Mound public school district. The time of expenditure is extended through fiscal year 2012.

Section 32. ALAMOGORDO PUBLIC LIBRARY CONSTRUCT--EXPAND PURPOSE--GENERAL FUND.--The local government division project in Subsection 497 of Section 68 of Chapter 42 of Laws 2007 to plan, design, construct, equip and furnish a public library in Alamogordo in Otero county may include renovations.

Section 33. NEW MEXICO SCHOOL FOR THE DEAF DILLON HALL--EXPAND PURPOSE--SEVERANCE TAX BONDS.--Two million five hundred ninety-one thousand seven hundred four dollars ($2,591,704) of the unexpended balance of the appropriation to the board of regents of the New Mexico school for the deaf in Subsection 1 of Section 9 of Chapter 92 of Laws 2008 to plan, design, construct, renovate, equip and furnish Dillon hall at the New Mexico school for the deaf in Santa Fe in Santa Fe county may include correcting other capital deficiencies at that campus.

Section 34. NEW MEXICO SCHOOL FOR THE DEAF DILLON HALL--CHANGE TO SIGN AND LANGUAGE ACADEMY CHARTER SCHOOL--SEVERANCE TAX BONDS.--One hundred thousand dollars ($100,000) of the unexpended balance of the appropriation to the board of regents of the New Mexico school for the deaf in Subsection 1 of Section 9 of Chapter 92 of Laws 2008 to plan, design, construct, renovate, equip and furnish Dillon hall at the New Mexico school for the deaf in Santa Fe in Santa Fe county shall not be expended for the original purpose but is appropriated to the public education department to renovate and improve a facility for the sign and language academy charter school in Albuquerque in Bernalillo county.

Section 35. WEST CAPITOL COMPLEX PROPERTY ACQUISITION-- EXPANDING PURPOSE OF ACQUISITION.--The appropriations in Laws 2007, Chapter 64, Section 6 as amended by Laws 2009, Chapter 114, Section 6 for the acquisition of property within the west capitol complex owned by the United States general services administration and the United States forest service shall be expended also for the acquisition of parcels A and B, which are contiguous to Siringo road; parcel D, which is contiguous to the state printing property; and parcel C, which is contiguous to parcels B and D, all being the most southeastern parcels of vacant land within the former college of Santa Fe campus in Santa Fe in Santa Fe county, notwithstanding the provisions of Section 15-3B-18 NMSA 1978.

Section 36. FAIR AND ARENA RODEO FACILITIES IMPROVEMENTS--CHANGE TO CONSERVATION EASEMENTS STATEWIDE-- CHANGE AGENCY--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Paragraph (15) of Subsection B of Section 2 of Chapter 5 of Laws 2009 for improvements to fair and arena rodeo facilities shall not be expended for the original purpose but is appropriated to the energy, mineral and natural resources department for restoration projects and the purchase of conservation easements statewide.

Section 37. COUNTY FAIRGROUNDS AND RODEO FACILITIES IMPROVEMENTS--CHANGE TO STATE POLICE FLEET REPLACEMENTS--CHANGE AGENCY--SEVERANCE TAX BONDS.--Three hundred thousand dollars ($300,000) of the unexpended balance of the appropriation to the department of finance and administration in Subsection 5 of Section 22 of Chapter 125 of Laws 2009 to plan, design, construct and equip county fairgrounds and public rodeo facilities statewide shall not be expended for the original purpose but is appropriated to the New Mexico state police division of the department of public safety for fleet replacements and improvements.

Section 38. ALBUQUERQUE EQUESTRIAN FACILITY--CHANGE TO INFRASTRUCTURE RENOVATIONS AT THE CARLSBAD BRANCH OF NEW MEXICO STATE UNIVERSITY--SEVERANCE TAX BONDS.--Five hundred thousand dollars ($500,000) of the unexpended balance of the appropriation to the local government division in Subsection 9 of Section 21 of Chapter 92 of Laws 2008 for an equestrian facility in Albuquerque in Bernalillo county shall not be expended for the original purpose but is appropriated to the board of regents of New Mexico state university for infrastructure renovation, including improvements to the heating, ventilation and air conditioning systems, classrooms, energy management systems, hot water systems and transportation and parking, at the Carlsbad branch campus of New Mexico state university in Eddy county.

Section 39. STATE BUILDINGS IMPROVEMENTS--CHANGE TO TINGLEY COLISEUM AND EXPO NEW MEXICO FACILITIES IMPROVEMENTS--CHANGE AGENCY--SEVERANCE TAX BONDS.--Three hundred twenty-nine thousand nine hundred fifty-two dollars ($329,952) of the unexpended balance of the appropriation to the capital program fund in Subsection 9 of Section 3 of Chapter 7 of Laws 2009 (1st S.S.) for improvements to state buildings statewide shall not be expended for the original purpose but is appropriated to the state fair commission to plan, design, construct, renovate and improve Tingley coliseum and other facilities at Expo New Mexico in Albuquerque in Bernalillo county.

Section 40. 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 41. 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 42. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 24 -