SENATE BILL 425

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Benny Shendo, Jr.

 

 

 

 

 

AN ACT

RELATING TO CAPITAL EXPENDITURES; REAUTHORIZING OR REAPPROPRIATING BALANCES, EXPANDING OR CHANGING PURPOSES, EXTENDING EXPENDITURE PERIODS, CHANGING AGENCIES 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. LAS VEGAS EIGHTH STREET WATER LINE EXTENSION--CHANGE TO PURCHASE VEHICLES AND EQUIPMENT--CHANGE AGENCY--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the department of environment in Subsection 91 of Section 22 of Chapter 53 of Laws 2022 to plan, design and construct a water line along Eighth street north of Mills avenue in Las Vegas in San Miguel county shall not be expended for the original purpose but is appropriated to the local government division to purchase and equip vehicles and equipment for the utilities department in Las Vegas. The time of expenditure is extended through fiscal year 2027.

     SECTION 4. LAS VEGAS VETERANS OF FOREIGN WARS BUILDING RENOVATION--CHANGE TO IMPROVE VETERANS PARK--GENERAL FUND.--The unexpended balance of the appropriation to the local government division in Subsection 450 of Section 28 of Chapter 66 of Laws 2024 to plan, design, construct and renovate the Las Vegas veterans of foreign wars building, including heating, ventilation and air conditioning systems, and to purchase and install equipment, including commemorative bricks, in Las Vegas in San Miguel county shall not be expended for the original purpose but is changed to plan, design, construct, renovate, furnish and equip improvements to Veterans park in Las Vegas in San Miguel county.

     SECTION 5. SAN MIGUEL COUNTY PASSENGER VAN PURCHASE--EXPAND PURPOSE--EXTEND TIME--GENERAL FUND.--The local government division project in Subsection 388 of Section 28 of Chapter 199 of Laws 2023 to purchase and equip passenger vans for after-school and summer programs in Las Vegas in San Miguel county may include purchasing and equipping buses. The time of expenditure is extended through fiscal year 2027.

     SECTION 6. MOUNTAINAIR PUBLIC SCHOOL DISTRICT ACCESSIBLE ACTIVITY BUS PURCHASE--CHANGE TO PURCHASE AN ACTIVITY BUS--EXTEND TIME--GENERAL FUND.--The public education department project in Subsection 211 of Section 16 of Chapter 199 of Laws 2023 to purchase and equip an activity bus with wheelchair lift capabilities for the Mountainair public school district in Torrance county shall not be expended for the original purpose but is changed to purchase and equip an activity bus for the Mountainair public school district. The time of expenditure is extended through fiscal year 2027.

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

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