HOUSE BILL 568
54th legislature - STATE OF NEW MEXICO - first session, 2019
INTRODUCED BY
Jim R. Trujillo
AN ACT
RELATING TO CAPITAL EXPENDITURES; REAUTHORIZING OR REAPPROPRIATING BALANCES, EXPANDING OR CHANGING PURPOSES, EXTENDING EXPENDITURE PERIODS AND ESTABLISHING CONDITIONS FOR THE REVERSION OR TRANSFER 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 C of this section, the balance of an appropriation made from the general fund or other state fund shall revert pursuant to Subsection A of this section to the originating fund.
C. 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.
D. 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. CLOVIS LYCEUM THEATER MULTI-USE FACILITY DEVELOPMENT--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 100 of Section 28 of Chapter 3 of Laws 2015 (1st S.S.) to renovate and restore the historic Lyceum theater and to acquire buildings and plan, design, renovate and equip property adjacent to the theater for a performing arts and multi-use facility in Clovis in Curry county is extended through fiscal year 2021.
SECTION 4. CLOVIS SENIOR CENTER CONSTRUCTION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the aging and long-term services department project in Subsection 21 of Section 3 of Chapter 3 of Laws 2015 (1st S.S.) to acquire land for and to plan, design, construct, furnish and equip a senior center in Clovis in Curry county is extended through fiscal year 2021.
SECTION 5. LAS CRUCES COMMUNITY OF HOPE HOMELESS FACILITY KITCHEN AND LAUNDRY ROOM CONSTRUCTION--CHANGE TO CONSTRUCTION AND INSTALLATION OF FLOORING SYSTEMS--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 90 of Section 26 of Chapter 80 of Laws 2018 for kitchen and laundry room facilities for the Mesilla Valley community of hope homeless facility in Las Cruces in Dona Ana county shall not be expended for the original purpose but is changed to plan, design, construct, purchase and install flooring systems at that facility in Las Cruces in Dona Ana county.
SECTION 6. CORONA STREET CONSTRUCTION--EXPAND PURPOSE--EXTEND TIME--SEVERANCE TAX BONDS.--The department of transportation project in Subsection 43 of Section 33 of Chapter 3 of Laws 2015 (1st S.S.) to plan, design and construct street improvements in Corona in Lincoln county may include the purchase and installation of street improvement materials. The time of expenditure is extended through fiscal year 2021.
SECTION 7. MAIN STREET CORONA SIDEWALK IMPROVEMENTS--EXPAND PURPOSE--EXTEND TIME--SEVERANCE TAX BONDS.--The local government division project in Subsection 44 of Section 33 of Chapter 3 of Laws 2015 (1st S.S.) to construct and rehabilitate sidewalks to comply with the Americans with Disabilities Act of 1990 on Main street in Corona in Lincoln county may include planning and designing. The time of expenditure is extended through fiscal year 2021.
SECTION 8. TWELFTH JUDICIAL DISTRICT COURT HORTON COMPLEX RENOVATION--CHANGE TO TWELFTH JUDICIAL DISTRICT AND MAGISTRATE COURT FACILITY CONSTRUCTION--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 122 of Section 26 of Chapter 80 of Laws 2018 to renovate space in the Horton complex for the twelfth judicial district court in Ruidoso in Lincoln county shall not be expended for the original purpose but is changed to plan, design, construct, furnish and equip a facility for the magistrate court and the twelfth judicial district court in Ruidoso in Lincoln county.
SECTION 9. BLUE MEDICINE WELL ROAD IMPROVEMENTS--CLARIFYING PROJECT--SEVERANCE TAX BONDS.--The department of transportation project in Subsection 43 of Section 32 of Chapter 80 of Laws 2018 is to design and construct improvements to Blue Medicine Well road in the Baahaali chapter of the Navajo Nation in McKinley county.
SECTION 10. HIGH ROLLS SENIOR CENTER CONSTRUCTION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the aging and long-term services department project in Subsection 45 of Section 3 of Chapter 3 of Laws 2015 (1st S.S.) to plan, design and construct a building, including related site improvements, a parking lot, equipment and furniture, for the High Rolls senior center in Otero county is extended through fiscal year 2021.
SECTION 11. ACEQUIA DE LOS VIGILES IMPROVEMENTS--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the interstate stream commission project in Subsection 7 of Section 27 of Chapter 3 of Laws 2015 (1st S.S.) to plan, design and construct improvements for the acequia de los Vigiles in El Guache in Rio Arriba county is extended through fiscal year 2021.
SECTION 12. NEWCOMB MIDDLE SCHOOL DRAINAGE IMPROVEMENTS CONSTRUCTION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the public education department project in Subsection 228 of Section 15 of Chapter 3 of Laws 2015 (1st S.S.) for drainage improvements at Newcomb middle school in the Central consolidated school district in San Juan county is extended through fiscal year 2021.
SECTION 13. SANTA FE COUNTY AGUA FRIA AREA ANTONIO LANE SEWER LINE EXTENSIONS AND CONSTRUCTION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 65 of Section 20 of Chapter 3 of Laws 2015 (1st S.S.) to plan, design and construct sewer line extensions through Antonio lane in the Agua Fria area of Santa Fe county is extended through fiscal year 2021.
SECTION 14. CHILDREN, YOUTH AND FAMILIES DEPARTMENT CAMINO NUEVO EMERGENCY ACCESS DRIVEWAY CONSTRUCTION--EXPAND PURPOSE--EXTEND TIME--SEVERANCE TAX BONDS.--The capital program fund project in Subsection 1 of Section 6 of Chapter 3 of Laws 2015 (1st S.S.) to plan, design and construct a secondary emergency access road, including a sally port, retaining walls and related infrastructure and improvements, at the Camino Nuevo youth center and youth diagnostic and development center facilities in Albuquerque in Bernalillo county may include planning, designing, constructing, renovating, equipping and furnishing children, youth and families department facilities statewide. The time of expenditure is extended through fiscal year 2021.
SECTION 15. SANTA FE COUNTY CIVIL WAR MONUMENT CONSTRUCTION--CLARIFY PROJECT--CHANGE AGENCY--EXTEND TIME-- SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 194 of Section 22 of Chapter 81 of Laws 2016 to plan, design and construct an American civil war monument in Glorieta in Santa Fe county shall not be expended for the original purpose but is appropriated to the department of military affairs to plan, design and construct an American civil war monument, including the purchase and installation of information technology and related equipment, furniture and infrastructure, at the New Mexico national guard Bataan military museum in Santa Fe in Santa Fe county. The time of expenditure is extended through fiscal year 2021.
SECTION 16. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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