HOUSE BILL 190

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Jim R. Trujillo

AN ACT

RELATING TO EXPENDITURE OF PUBLIC MONEY; REAUTHORIZING OR REAPPROPRIATING BALANCES, EXPANDING OR CHANGING PURPOSES, EXTENDING EXPENDITURE PERIODS, CHANGING AGENCIES AND ESTABLISHING CONDITIONS FOR THE REVERSION OF UNEXPENDED BALANCES OF APPROPRIATIONS MADE 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 PROCEEDS.--

          A. Except as otherwise provided in another section of this act:

                (1) 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:

                     (a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or

                     (b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law that originally authorized the severance tax bonds or the time frame set forth in any law that has previously reauthorized the expenditure of the proceeds, whichever is later; and

                (2) all remaining balances 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 three months after the reversion date for the unexpended balances.

          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--REVERSIONS.--

          A. Except as otherwise provided in another section of this act:

                (1) the unexpended balance of an appropriation from the general fund or other state fund that has been changed in this act shall revert:

                     (a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or

                     (b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law in which the original appropriation was made or the time frame set forth in any law that has previously changed the appropriation, whichever is later; and

                (2) all remaining balances of an appropriation from the general fund or other state fund that has been changed in this act shall revert three months after the reversion date for the unexpended balance.

          B. Except as provided in Subsection D of this section, the balance of an appropriation made from the general fund shall revert pursuant to Subsection A of this section to the capital projects fund.

          C. Except as provided in Subsection D of this section, the balance of an appropriation made from other state funds shall revert pursuant to Subsection A of this section to the originating fund.

          D. 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 pursuant to Subsection A of this section to the tribal infrastructure project fund.

          E. 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. CALLE DE JARDIN IMPROVEMENTS--CHANGE TO CALLE PARIAN IMPROVEMENTS--EXTEND TIME--GENERAL FUND.--The unexpended balance of the appropriation to the department of transportation in Subsection 71 of Section 61 of Chapter 92 of Laws 2008 for improvements to calle de Jardin in Mesilla in Dona Ana county shall not be expended for the original purpose but is changed to plan, design and construct road and utility improvements to calle Parian in Mesilla. The time of expenditure is extended through fiscal year 2014.

     SECTION 4. HEALTH AND HUMAN SERVICES COMPLEX--CHANGE TO IMPROVEMENTS AT STATE BUILDINGS STATEWIDE--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the capital program fund in Subsection 15 of Section 7 of Chapter 125 of Laws 2009 for a health and human services complex in Santa Fe in Santa Fe county shall not be expended for the original purpose but is changed to renovate state buildings statewide.

     SECTION 5. CLAUNCH-PINTO SOIL AND WATER CONSERVATION DISTRICT MULTIPURPOSE BUILDING--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the board of regents of New Mexico state university project in Subsection 5 of Section 28 of Chapter 92 of Laws 2008 for a multipurpose building for the Claunch-Pinto soil and water conservation district in Mountainair in Torrance county is extended through fiscal year 2014.

     SECTION 6. HUMAN SERVICES DEPARTMENT INFORMATION TECHNOLOGY--CHANGE TO SCHOOL BUS PURCHASE STATEWIDE--CHANGE AGENCY--SEVERANCE TAX BONDS.--Five million dollars ($5,000,000) of the unexpended balance of the appropriation to the human services department in Laws 2011 (S.S.), Chapter 5, Section 11 for information technology shall not be expended for the original purpose but is appropriated to the public education department to purchase school buses statewide.

     SECTION 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 5 -