0001| HOUSE BILL 792
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| DAVID M. PARSONS
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO INFORMATION AND COMMUNICATIONS SYSTEMS; CREATING AND
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0013| PROVIDING FOR CERTAIN FUNDS; PROVIDING FOR REVENUE BONDS; MAKING
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0014| APPROPRIATIONS.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. A new Section 15-10-14 NMSA 1978 is enacted to
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0018| read:
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0019| "15-10-14. [NEW MATERIAL] INFORMATION SYSTEMS REVENUE
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0020| BOND FUND--CREATED--DISBURSEMENT.--
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0021| A. There is created in the state treasury the
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0022| "information systems revenue bond fund". All income from
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0023| investment of the fund shall be credited to the fund. Balances
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0024| remaining in the fund at the end of any fiscal year shall not
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0025| revert to the general fund but shall be transferred as provided
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0001| in Subsection B of this section.
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0002| B. The fund shall be used to pay revenue bond issues
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0003| authorized pursuant to Section 15-10-17 NMSA 1978. The fund
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0004| shall account for debt, deposits, disbursements and balances
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0005| relating to data processing separately from debt, deposits,
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0006| disbursements and balances relating to communications. Money
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0007| deposited from each source shall be used for payment of all
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0008| principal and interest due on outstanding revenue bonds relating
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0009| to that source during each fiscal year. The balances remaining
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0010| from each source at the end of any fiscal year shall be
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0011| deposited into the data processing equipment revolving fund and
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0012| the communications equipment revolving fund, respectively.
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0013| C. Distributions from the fund shall be made monthly
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0014| for the purpose of paying principal, interest, premium, expenses
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0015| and obligations related to revenue bond issues authorized
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0016| pursuant to Section 15-10-17 NMSA 1978."
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0017| Section 2. Section 15-5-4 NMSA 1978 (being Laws 1963,
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0018| Chapter 181, Section 4, as amended) is recompiled as Section
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0019| 15-10-15 NMSA 1978 and is amended to read:
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0020| "15-10-15. [DEPOSIT] COLLECTION OF MONEY.--The
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0021| [telecommunications bureau of the communications] information
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0022| systems division of the general services department shall order
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0023| the deposit or transfer monthly to [a fund known as the
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0024| "central telephone services fund"] the information systems
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0025| division operating fund the amount of money owed by [each
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0001| department, institution and agency utilizing the central
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0002| telephone system. State institutions and agencies] the state
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0003| and each agency, institution, instrumentality, officer, board or
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0004| commission of the state, including the legislative and judicial
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0005| branches, and each county or municipality using the division's
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0006| services. Users of the division's services shall adopt such
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0007| accounting procedures as are prescribed by the department of
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0008| finance and administration for the handling of payments [with
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0009| reference to the central telephone system] to the division.
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0010| Accounting procedures shall identify sources of revenue used to
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0011| pay for the division's services."
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0012| Section 3. Section 15-1-12 NMSA 1978 (being Laws 1986,
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0013| Chapter 81, Section 12, as amended) is recompiled as Section
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0014| 15-10-16 NMSA 1978 and is amended to read:
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0015| "15-10-16. DEPRECIATION AND REPLACEMENT FEES--ASSESSMENT--COLLECTION--CREDITING TO FUNDS.--
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0016| A. [Each officer, agency, department, division,
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0017| board or commission of the state] The state and any agency,
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0018| institution, instrumentality, officer, board or commission of
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0019| the state, including the legislative and judicial branches and
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0020| any county or municipality, that uses [state] information
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0021| systems division data processing equipment or [state]
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0022| communications equipment shall pay monthly depreciation and
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0023| replacement fees, assessed through the information systems
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0024| division rate structure, to the information systems division of
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0025| the general services department for such equipment. Such fees
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0001| shall be deposited in the information systems division operating
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0002| fund.
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0003| B. Depreciation and replacement fees shall be set by
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0004| the director of the information systems division and shall be
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0005| based upon the costs of acquisition, depreciation and
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0006| replacement of the equipment and the related services supplied
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0007| to such officers and agencies by the information systems
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0008| division.
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0009| C. [Except as provided in Subsection D of this
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0010| section] Money in the information systems division operating
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0011| fund that is attributable to depreciation and replacement fees
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0012| and that is derived from general fund appropriations or general
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0013| ad valorem tax revenues shall be deposited [quarterly]
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0014| monthly into the data processing equipment revolving fund and
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0015| the communications equipment revolving fund, respectively.
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0016| Money in the funds shall be disbursed pursuant to Sections [15-1-10 and 15-1-11] 15-10-12 and 15-10-13 NMSA 1978.
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0017| D. [For the period beginning July 1, 1988 and ending
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0018| June 30, 1990, depreciation and replacement fees attributable to
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0019| data processing equipment may be retained in the information
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0020| systems division operating fund and may be appropriated by the
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0021| legislature for operation of the information systems division.
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0022| Any unencumbered balance in excess of seven hundred thousand
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0023| dollars ($700,000) in the information systems division operating
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0024| fund as of June 30, 1990 shall be transferred to the data
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0025| processing equipment revolving fund.] Money in the information
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0001| systems division operating fund attributable to depreciation and
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0002| replacement fees and that is derived from money received from
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0003| sources other than general fund appropriations or general ad
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0004| valorem property tax revenues shall be deposited monthly into
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0005| the information systems revenue bond fund. So long as revenue
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0006| bonds issued by the New Mexico finance authority pursuant to the
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0007| Information and Communications Systems Act are outstanding, the
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0008| amount deposited monthly into the information systems revenue
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0009| bond fund shall equal not less than two hundred percent of the
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0010| monthly obligations related to such bonds as described in
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0011| Subsection D of Section 15-10-17 NMSA 1978. If there is no
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0012| outstanding debt for data processing or communications
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0013| equipment, depreciation and replacement fees shall be deposited
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0014| directly into the respective equipment revolving fund. Money in
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0015| the information systems revenue bond fund shall be disbursed
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0016| pursuant to Section 15-10-14 NMSA 1978."
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0017| Section 4. A new Section 15-10-17 NMSA 1978 is enacted to
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0018| read:
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0019| "15-10-17. [NEW MATERIAL] NEW MEXICO FINANCE AUTHORITY
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0020| REVENUE BONDS--PURPOSE--APPROPRIATION.--
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0021| A. The New Mexico finance authority may issue and
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0022| sell revenue bonds in compliance with the New Mexico Finance
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0023| Authority Act for the purposes of refinancing, designing,
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0024| developing, acquiring, improving, purchasing and implementing
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0025| data processing equipment and communications equipment, or any
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0001| combination of these, for the information systems division of
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0002| the general services department and paying expenses connected
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0003| with the sale and issuance of the bonds.
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0004| B. The New Mexico finance authority may issue and
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0005| sell revenue bonds authorized by this section when the secretary
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0006| of general services certifies the need for issuance of the
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0007| bonds. The proceeds from the sale of the bonds are appropriated
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0008| to the information systems division for the purposes enumerated
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0009| in Subsection A of this section.
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0010| C. Money deposited in the information systems
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0011| revenue bond fund pursuant to Section 15-10-14 NMSA 1978 is
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0012| appropriated to the New Mexico finance authority to be pledged
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0013| irrevocably for the payment of the principal, interest, premium,
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0014| expenses and obligations related to the bonds authorized by
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0015| Subsection A of this section.
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0016| D. Money from the information systems revenue bond
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0017| fund distributed monthly to the New Mexico finance authority
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0018| shall be deposited in a segregated bond fund or account of the
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0019| authority. At the end of each month, any money remaining in the
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0020| special bond fund or account from distributions made to the
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0021| authority during such month, after all debt service
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0022| accumulations, expenses or obligations required by the
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0023| resolution authorizing issuance of the bonds to be made during
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0024| such month and any deficiencies from prior months are fully
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0025| satisfied or paid, shall be transferred by the authority to the
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0001| information systems division operating fund. Upon payment of
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0002| all principal, interest, premium, expenses or obligations
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0003| related to the bonds, the New Mexico finance authority shall
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0004| certify to the general services department that all obligations
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0005| for the bonds issued pursuant to this section have been fully
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0006| discharged and direct the department to cease distributing money
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0007| to the authority pursuant to Section 15-10-14 NMSA 1978.
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0008| E. The legislature shall not repeal, amend or
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0009| otherwise modify any law that affects or impairs the collection
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0010| of depreciation and replacement fees by the general services
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0011| department, the distribution of money to the New Mexico finance
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0012| authority or any revenue bonds of the New Mexico finance
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0013| authority secured by a pledge of money collected by the general
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0014| services department and distributed to the authority pursuant to
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0015| Section 15-10-14 NMSA 1978."
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0016| State of New Mexico
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0017| House of Representatives
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0018|
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0019| FORTY-SECOND LEGISLATURE
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0020| SECOND SESSION, 1996
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0021|
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0022|
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0023| February 13, 1996
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0024|
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0025|
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0001| Mr. Speaker:
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0002|
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0003| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0004| been referred
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0005|
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0006| HOUSE BILL 792
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0007|
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0008| has had it under consideration and reports same with
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0009| recommendation that it DO PASS, amended as follows:
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0010|
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0011| 1. On page 1, between lines 15 and 16, insert the following
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0012| new section to read:
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0013|
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0014| "Section 1. A new Section 15-10-11 NMSA 1978 is enacted to
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0015| read:
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0016|
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0017| "15-10-11. [NEW MATERIAL] OPERATING FUND CREATED--EXPENDITURES--TRANSFERS.--
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0018|
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0019| A. There is created in the state treasury the
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0020| "information systems division operating fund". All income from
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0021| investment of the fund shall be credited to the fund. Balances
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0022| remaining in the fund at the end of any fiscal year shall not
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0023| revert to the general fund.
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0024|
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0025| B. Expenditures from the fund shall be made only upon
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0001| vouchers approved by the director of the information systems
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0002| division of the general services department."
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0003|
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0004| Section 2. Section 15-1-10 NMSA 1978 (being Laws 1986,
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0005| Chapter 81, Section 10, as amended) is recompiled as Section 15-10-12 NMSA 1978 and is amended to read:
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0006|
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0007| "15-10-12. DATA PROCESSING EQUIPMENT REVOLVING FUND CREATED--DISBURSEMENT.--
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0008|
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0009| A. There is created in the state treasury the "data
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0010| processing equipment revolving fund". [The] All income from
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0011| investment of the fund shall be credited to the fund. Balances
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0012| remaining in the fund at the end of any fiscal year shall not
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0013| revert to the general fund.
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0014|
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0015| B. Expenditures from the data processing equipment
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0016| revolving fund shall be made for the purpose of acquiring and
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0017| replacing data processing equipment. Such expenditures shall be
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0018| made only upon vouchers approved by the director of the
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0019| information systems division of the general services department
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0020| and shall be disbursed pursuant to a [five] three-year plan
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0021| prepared by the division and [approved by the commission and
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0022| presented] submitted annually to the department of finance and
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0023| administration and the [legislature] legislative finance
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0024| committee.
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0025|
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0001| C. When changes in the [five] three-year plan are
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0002| necessary, justification for such changes shall be [presented to
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0003| the commission for approval, with copies] submitted to the
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0004| department of finance and administration and the legislative
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0005| finance committee."
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0006|
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0007| Section 3. Section 15-1-11 NMSA 1978 (being Laws 1986,
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0008| Chapter 81, Section 11, as amended) is recompiled as Section 15-10-13 NMSA 1978 and is amended to read:
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0009|
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0010| "15-10-13. COMMUNICATIONS EQUIPMENT REVOLVING FUND CREATED--DISBURSEMENT.--
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0011|
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0012| A. There is created in the state treasury the
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0013| "communications equipment revolving fund". [The] All income
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0014| from investment of the fund shall be credited to the fund.
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0015| Balances remaining in the fund at the end of any fiscal year shall
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0016| not revert to the general fund.
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0017|
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0018| B. Expenditures from the communications equipment
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0019| revolving fund shall be made for the purpose of acquiring and
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0020| replacing communications equipment. Such expenditures shall be
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0021| made only upon vouchers approved by the director of the
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0022| information systems division of the general services department
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0023| and shall be disbursed pursuant to a [five] three-year plan
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0024| prepared by the division and [approved by the commission and
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0025| presented] submitted annually to the department of finance and
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0001| administration and the [legislature] legislative finance
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0002| committee.
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0003|
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0004| C. When changes in the [five] three-year plan are
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0005| necessary, justification for such changes shall be [presented to
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0006| the commission for approval, with copies] submitted to the
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0007| department of finance and administration and the legislative
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0008| finance committee."".
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0009|
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0010| 2. Renumber the succeeding sections accordingly.
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0011|
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0012| 3. On page 5, line 3, strike "that is".
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0013|
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0014| 4. On page 5, lines 7 and 8, strike "the Information and
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0015| Communications Systems Act" and insert in lieu thereof "Section
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0016| 15-10-17 NMSA 1978".,
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0017|
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0018|
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0019|
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0020| and thence referred to the APPROPRIATIONS AND FINANCE
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0021| COMMITTEE.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003| Jerry W. Sandel, Chairman
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0004|
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0005|
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0006| Adopted Not Adopted
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0007|
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010| Date
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0011|
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0012| The roll call vote was 11 For 0 Against
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0013| Yes: 11
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0014| Excused: Lovejoy, Sandel
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0015| Absent: None
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0016|
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0017|
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0018| .112199.1
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0019| H0792TR1
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