AUTHORIZING THE ISSUANCE AND SALE OF CAPITAL PROJECTS GENERAL OBLIGATION BONDS TO MAKE CAPITAL EXPENDITURES FOR SENIOR CITIZEN FACILITY IMPROVEMENTS AND ACQUISITIONS, FOR PUBLIC EDUCATIONAL CAPITAL IMPROVEMENTS AND ACQUISITIONS, FOR PUBLIC LIBRARY ACQUISITIONS AND FOR OTHER CAPITAL EXPENDITURES; PROVIDING FOR A TAX LEVY FOR PAYMENT OF PRINCIPAL OF, INTEREST ON AND CERTAIN COSTS RELATED TO THE BONDS; REQUIRING APPROVAL OF THE REGISTERED VOTERS AT THE 2002 GENERAL ELECTION OF THE STATE; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "2002 Capital Projects General Obligation Bond Act".
Section 2. PURPOSE.--For the purpose of providing funds for capital expenditures as authorized in the 2002 Capital Projects General Obligation Bond Act, general obligation indebtedness of the state is authorized for the purposes and in the amounts set forth in Section 10 of that act.
Section 3. BOND TERMS.--
A. The state board of finance, except as limited by the 2002 Capital Projects General Obligation Bond Act, shall determine the terms, covenants and conditions of bonds issued pursuant to that act, including but not limited to:
(1) date or dates of issue, denominations and maturities;
(2) principal amounts;
(3) rate or rates of interest; and
(4) provisions for redemption, including premiums, registration and refundability, whether the bonds are issued in one or more series and other covenants relating to the bonds and the issuance thereof.
B. The bonds shall be in such form as the state board of finance determines with an appropriate series designation and shall bear interest payable as set forth in the resolution of the state board of finance.
C. Payment of the principal of the bonds shall begin not more than two years after the date of their issuance, and the bonds shall mature not later than ten years after the date of their issuance. Both principal and interest shall be payable in lawful money of the United States at the office of the paying agent within or without the state as the state board of finance may direct.
D. The bonds shall be executed with the manual or facsimile signature of the governor or the state treasurer, and the seal or a facsimile of the seal of the state shall be placed on each bond, except for any series of bonds issued in book entry or similar form without the delivery of physical securities.
E. The bonds shall be issued in accordance with the provisions of the 2002 Capital Projects General Obligation Bond Act, the Supplemental Public Securities Act and the Uniform Facsimile Signature of Public Officials Act and may be issued in accordance with the Public Securities Short-Term Interest Rate Act.
F. The full faith and credit of the state is pledged for the prompt payment when due of the principal of and interest on all bonds issued and sold pursuant to the 2002 Capital Projects General Obligation Bond Act.
Section 4. EXPENDITURES.--The proceeds from the sale of the bonds shall be expended solely for providing money to be distributed for the purposes and in amounts not to exceed the amounts set forth in Section 10 of the 2002 Capital Projects General Obligation Bond Act and to pay expenses incurred under Section 6 of that act. Any proceeds from the sale of the bonds that are not required for the purposes set forth in Sections 6 and 10 of that act shall be used for the purpose of paying the principal of and interest on the bonds.
Section 5. SALE.--The bonds authorized under the 2002 Capital Projects General Obligation Bond Act shall be sold by the state board of finance at such time and in such manner and amounts as the board may elect. The bonds may be sold at private sale or at public sale, in either case at not less than par plus accrued interest to the date of delivery. If sold at public sale, the state board of finance shall publish a notice of the time and place of sale in a newspaper of general circulation in the state and may also publish the notice in a recognized financial journal outside the state. The required publications shall be made once each week for two consecutive weeks prior to the date fixed for the sale, the last publication thereof to be at least five days prior to the date of the sale. The notice shall specify the amount, denomination, maturity and description of the bonds to be offered for sale and the place, date and hour at which the sealed bids shall be received. At the time and place specified in the notice, the state board of finance shall open the bids in public and shall award the bonds to the bidder or bidders offering the best price for the bonds. The state board of finance may reject any or all bids and readvertise and may waive any irregularity in a bid. All bids, except that of the state, shall be accompanied by a deposit of two percent of the principal amount of the bonds in a form acceptable to the state board of finance. The deposit of an unsuccessful bidder shall be returned upon rejection of the bid. The state board of finance may also sell the bonds or any part of the bonds to the state treasurer or state investment officer. The state treasurer or state investment officer is authorized to purchase any of the bonds for investment. The bonds are legal investments for any person or board charged with the investment of any public funds and may be accepted as security for any deposit of public money.
Section 6. EXPENSES.--The expenses incurred by the state board of finance in or relating to the preparation and sale of the bonds shall be paid out of the proceeds from the sale of the bonds, and all rebate, penalty, interest and other obligations of the state relating to the bonds and bond proceeds under the Internal Revenue Code of 1986, as amended, shall be paid from earnings on bond proceeds or other money of the state, legally available for such payments.
Section 7. TAX LEVY.--To provide for the payment of the principal of and interest on the bonds issued and sold pursuant to the provisions of the 2002 Capital Projects General Obligation Bond Act, there shall be and there is hereby imposed and levied during each year in which any of the bonds are outstanding an ad valorem tax on all property in the state subject to property taxation for state purposes sufficient to pay the interest as it becomes due on the bonds, together with an amount sufficient to provide a sinking fund to pay the principal of the bonds as it becomes due and, if permitted by law, ad valorem taxes may be collected to pay administrative costs incident to the collection of such taxes. The taxes shall be imposed, levied, assessed and collected at the times and in the manner that other property taxes for state purposes are imposed, levied, assessed and collected. It is the duty of all tax officials and authorities to cause these taxes to be imposed, levied, assessed and collected.
Section 8. TREASURER--DUTIES.--The state treasurer shall keep separate accounts of all money collected pursuant to the taxes imposed and levied pursuant to the provisions of the 2002 Capital Projects General Obligation Bond Act and shall use this money only for the purposes of paying the principal of and interest on the bonds as they become due and any expenses relating thereto.
Section 9. IRREPEALABLE CONTRACT--AUTHORITY FOR ISSUANCE.--An owner of bonds issued pursuant to the provisions of the 2002 Capital Projects General Obligation Bond Act may, either at law or in equity, by suit, action or mandamus, enforce and compel the performance of the duties required by that act of any officer or entity mentioned in that act. The provisions of that act constitute an irrepealable contract with the owners of any of the bonds issued pursuant to that act for the faithful performance of which the full faith and credit of the state is pledged. Without reference to any other act of the legislature, the 2002 Capital Projects General Obligation Bond Act is full authority for the issuance and sale of the bonds authorized in that act, and such bonds shall have all the qualities of investment securities under the Uniform Commercial Code, shall not be invalid for any irregularity or defect in the proceedings for the issuance and sale of the bonds and shall be incontestable in the hands of bona fide purchasers or holders thereof for value. All bonds issued under the provisions of that act, and the interest thereon, are exempt from taxation by the state and any subdivision or public body thereof.
Section 10. PROJECTS.--
A. The proceeds from the sale of bonds issued under the provisions of the 2002 Capital Projects General Obligation Bond Act shall be distributed as provided in this section for the purposes and in the amounts specified.
B. For senior citizen facility improvements and acquisitions, to the state agency on aging:
(1) eight hundred twenty-four thousand dollars ($824,000) to purchase vehicles for senior centers countywide in Bernalillo county;
(2) ten thousand five hundred dollars ($10,500) to make improvements to the John Marshall senior center in Albuquerque in Bernalillo county;
(3) seventy-five thousand dollars ($75,000) to make security and safety improvements to the Rio Bravo senior center in Bernalillo county;
(4) five thousand dollars ($5,000) to make improvements to the Barelas senior center in Albuquerque in Bernalillo county;
(5) twenty-nine thousand seven hundred eighty-six dollars ($29,786) to make improvements to the Highland senior center in Albuquerque in Bernalillo county;
(6) fifty-nine thousand eighty-seven dollars ($59,087) to make improvements to the Bear Canyon senior center in Albuquerque in Bernalillo county;
(7) one hundred seventy-five thousand dollars ($175,000) to make improvements to the Armijo senior meal site in Bernalillo county;
(8) fifty-one thousand six hundred dollars ($51,600) to purchase furniture and equipment for senior centers in Bernalillo county;
(9) four thousand eight hundred dollars ($4,800) to make improvements to and purchase appliances for the pueblo of Isleta elderly center in Bernalillo county;
(10) twenty-seven thousand five hundred dollars ($27,500) to purchase equipment for senior centers in Albuquerque in Bernalillo county;
(11) one hundred thousand two hundred eighty dollars ($100,280) to purchase meals equipment for senior centers in Albuquerque in Bernalillo county;
(12) one hundred thousand dollars ($100,000) for improvements to the Chilili Escabosa senior center in Albuquerque in Bernalillo county;
(13) two hundred sixteen thousand dollars ($216,000) to purchase vehicles for senior centers countywide in Chaves county;
(14) fifty-two thousand sixty dollars ($52,060) to make improvements to the Midway Joy center in Chaves county;
(15) twenty-seven thousand five hundred dollars ($27,500) to purchase a vehicle and utility trailer for the New Mexico senior citizen olympics in Chaves county;
(16) seventy-three thousand dollars ($73,000) to purchase vehicles for the Blue Water senior center in Cibola county;
(17) five thousand three hundred dollars ($5,300) to purchase furniture and equipment for the senior center in Grants in Cibola county;
(18) six hundred dollars ($600) to purchase meals equipment for the Blue Water senior center in Cibola county;
(19) seventy-three thousand dollars ($73,000) to purchase vehicles for the senior center at the pueblo of Laguna in Cibola county;
(20) two thousand dollars ($2,000) to make improvements to the senior center in Grants in Cibola county;
(21) sixteen thousand eight hundred forty-two dollars ($16,842) to purchase furniture and equipment for the senior center at the pueblo of Acoma in Cibola county;
(22) seventy thousand dollars ($70,000) to purchase vehicles for senior centers at the pueblo of Acoma in Cibola county;
(23) twelve thousand four hundred dollars ($12,400) to purchase meals equipment and appliances for the senior center at the pueblo of Acoma in Cibola county;
(24) sixty-five thousand dollars ($65,000) to make improvements to the senior center at the pueblo of Acoma in Cibola county;
(25) thirty-four thousand dollars ($34,000) to purchase a vehicle for senior programs in Colfax county;
(26) one hundred thirty-four thousand dollars ($134,000) to purchase vehicles for senior centers in Colfax county;
(27) three thousand dollars ($3,000) to purchase meals equipment and appliances for senior centers countywide in Colfax county;
(28) one thousand five hundred dollars ($1,500) to make improvements to the senior center in Maxwell in Colfax county;
(29) forty-five thousand dollars ($45,000) to make improvements to the Springer senior center in Colfax county;
(30) two hundred thousand dollars ($200,000) to plan, design and construct a senior center in Cimarron in Colfax county
(31) sixteen thousand two hundred forty-five dollars ($16,245) to purchase meals equipment for the senior center in Curry county;
(32) six thousand six hundred fifty dollars ($6,650) to make improvements to the senior center in Grady in Curry county;
(33) seventy-nine thousand eight hundred seventy-five dollars ($79,875) to make improvements to the administrative office of the senior center in Clovis in Curry county;
(34) one thousand six hundred dollars ($1,600) to purchase meals equipment for the senior center in Grady in Curry county;
(35) fifteen thousand thirty-seven dollars ($15,037) to make improvements to the senior center in Fort Sumner in De Baca county;
(36) six thousand ninety-nine dollars ($6,099) to purchase meals equipment for the senior center in Fort Sumner in De Baca county;
(37) eight hundred ninety-nine dollars ($899) to purchase equipment and furniture for the senior center in Fort Sumner in De Baca county;
(38) six thousand dollars ($6,000) to purchase furniture and equipment for senior centers in Doña Ana county;
(39) one hundred fifty-eight thousand dollars ($158,000) to make improvements to senior centers in Dona Ana county;
(40) sixty-one thousand nine hundred dollars ($61,900) to purchase meals equipment and appliances for senior centers in Las Cruces in Dona Ana county;
(41) one hundred seventy-six thousand dollars ($176,000) to purchase vehicles for senior centers in Las Cruces in Dona Ana county;
(42) three hundred sixty-six thousand dollars ($366,000) to purchase vehicles for senior centers in Dona Ana county;
(43) thirty-two thousand dollars ($32,000) to purchase a vehicle for the senior program in Dona Ana county;
(44) one hundred twenty thousand dollars ($120,000) to make improvements to the senior center in Mesilla in Dona Ana county;
(45) twenty-seven thousand dollars ($27,000) to purchase a vehicle for the Carlsbad North Mesa recreation center in Eddy county;
(46) fifty-one thousand dollars ($51,000) to purchase vehicles for the senior center in Artesia in Eddy county;
(47) twenty-five thousand dollars ($25,000) for improvements to the senior center in Loving in Eddy county;
(48) eleven thousand two hundred fifty-two dollars ($11,252) to purchase meals equipment and appliances for senior centers in Grant county;
(49) ninety-two thousand dollars ($92,000) to purchase vehicles for senior centers in Grant county;
(50) thirty-four thousand dollars ($34,000) to purchase a vehicle for the senior center in Vaughn in Guadalupe county;
(51) ten thousand one hundred fifty dollars ($10,150) to purchase meals equipment for the senior center in Vaughn in Guadalupe county;
(52) eleven thousand dollars ($11,000) to purchase equipment and appliances for the senior center in Vaughn in Guadalupe county;
(53) thirty-three thousand eighty-eight dollars ($33,088) to make improvements to the senior center in Vaughn in Guadalupe county;
(54) twenty-eight thousand five hundred thirty-four dollars ($28,534) to purchase vehicles for the Ena Mitchell senior center in Hidalgo county;
(55) seven thousand fifty-six dollars ($7,056) to make improvements to the Ena Mitchell senior center in Hidalgo county;
(56) four thousand seven hundred eighty-five dollars ($4,785) to purchase meals equipment for the Ena Mitchell senior center in Hidalgo county;
(57) forty-five thousand dollars ($45,000) to purchase a vehicle for the senior program in Jal in Lea county;
(58) twenty-five thousand dollars ($25,000) to purchase a vehicle for the senior center in Tatum in Lea county;
(59) forty-eight thousand dollars ($48,000) to purchase a vehicle for the senior center in Lovington in Lea county;
(60) three thousand dollars ($3,000) to purchase meals equipment and appliances for the senior center in Hobbs in Lea county;
(61) twenty-eight thousand dollars ($28,000) to make improvements to the senior center in Ruidoso in Lincoln county;
(62) seventy thousand dollars ($70,000) to purchase vehicles for senior centers in Lincoln county;
(63) three thousand two hundred dollars ($3,200) to purchase equipment and furniture for the senior center in Ruidoso in Lincoln county;
(64) nine thousand five hundred dollars ($9,500) to purchase meals equipment for senior centers in Lincoln county;
(65) twenty-five thousand dollars ($25,000) to purchase a vehicle for the Los Alamos senior center in Los Alamos county;
(66) fifty-four thousand dollars ($54,000) to make improvements to the Deming-Luna senior center in Luna county;
(67) six thousand seven hundred dollars ($6,700) to purchase meals equipment for the Deming-Luna senior center in Luna county;
(68) thirty thousand six hundred seventy-five dollars ($30,675) to purchase equipment and furniture for the Deming-Luna senior center in Luna county;
(69) five thousand dollars ($5,000) to make improvements to the Baca center and Crownpoint senior center in McKinley county;
(70) two thousand dollars ($2,000) to purchase equipment and furniture for the senior center at the pueblo of Zuni in McKinley county;
(71) two thousand dollars ($2,000) to purchase equipment and furniture for the senior center in Twin Lakes in McKinley county;
(72) sixty-nine thousand dollars ($69,000) to purchase meals equipment for the senior center at the pueblo of Zuni in McKinley county;
(73) one hundred thirty thousand dollars ($130,000) to make improvements to the Ford Canyon senior center in McKinley county;
(74) one hundred forty thousand dollars ($140,000) to make improvements to the Northside and Ford Canyon senior centers in McKinley county;
(75) one hundred twenty-seven thousand dollars ($127,000) to purchase vehicles for the senior center at the pueblo of Zuni in McKinley county;
(76) one hundred seventy-five thousand dollars ($175,000) to pave parking lots at senior centers in McKinley county;
(77) thirty thousand dollars ($30,000) to make improvements to senior centers for the eight northern Indian pueblos in Santa Fe, Rio Arriba and Taos counties;
(78) sixty-six thousand six hundred ninety-five dollars ($66,695) to make improvements to the Mora-San Miguel senior center in Mora and San Miguel counties;
(79) twenty-five thousand dollars ($25,000) to purchase a vehicle for the senior programs in Mora and San Miguel counties;
(80) ninety thousand seven hundred sixty-six dollars ($90,766) to purchase meals equipment and appliances for senior centers on the Navajo Nation;
(81) eight hundred seventy-three thousand dollars ($873,000) to purchase vehicles for senior centers on the Navajo Nation;
(82) one hundred forty-one thousand eight hundred twenty-four dollars ($141,824) to purchase equipment and furniture for senior centers on the Navajo Nation;
(83) ten thousand five hundred dollars ($10,500) to purchase meals equipment and appliances for the Mescalero Apache elderly center in Otero county;
(84) one thousand five hundred dollars ($1,500) to purchase meals equipment and appliances for the senior program in Tularosa in Otero county;
(85) fourteen thousand dollars ($14,000) to make improvements to the senior center in Tularosa in Otero county;
(86) twenty-five thousand dollars ($25,000) to construct a senior center in Tularosa in Otero county;
(87) sixteen thousand three hundred dollars ($16,300) to purchase meals equipment and appliances for senior centers in Alamogordo in Otero county;
(88) thirty-two thousand dollars ($32,000) to purchase a vehicle for the senior center in Alamogordo in Otero county;
(89) forty-nine thousand dollars ($49,000) to purchase a vehicle for the Cloudcroft Sacramento senior center in Otero county;
(90) fifty-six thousand dollars ($56,000) to purchase vehicles for the senior program for the Mescalero Apache tribe in Otero county;
(91) one thousand five hundred fifty dollars ($1,550) to purchase equipment and furniture for the Mescalero Apache elderly center in Otero county;
(92) six thousand nine hundred fifty-six dollars ($6,956) to make improvements to the Eastern Plains senior center in Quay county;
(93) seventeen thousand dollars ($17,000) to purchase appliances and meals equipment for the senior center in Logan in Quay county;
(94) four thousand nine hundred dollars ($4,900) to purchase appliances and meals equipment for the Eastern Plains senior center in Quay county;
(95) three thousand seven hundred dollars ($3,700) to purchase a vehicle for the senior programs in Alamogordo in Otero county;
(96) three thousand seven hundred dollars ($3,700) to make improvements to the senior center in Logan in Quay county;
(97) eight thousand five hundred dollars ($8,500) to make improvements to the senior center at the pueblo of San Juan in Rio Arriba county;
(98) forty-eight thousand dollars ($48,000) to purchase a vehicle for the senior center in Espanola in Rio Arriba county;
(99) forty-eight thousand dollars ($48,000) to purchase a vehicle for the senior center at the pueblo of San Juan in Rio Arriba county;
(100) seventy-three thousand dollars ($73,000) to purchase vehicles for the senior center at the pueblo of Santa Clara in Rio Arriba county;
(101) ten thousand seventy dollars ($10,070) to purchase furniture and meals equipment for senior centers in Rio Arriba county;
(102) two thousand seven hundred dollars ($2,700) to purchase furniture and appliances for the senior center at the pueblo of Santa Clara in Rio Arriba county;
(103) fifteen thousand dollars ($15,000) to make improvements to the senior center in Tierra Amarilla in Rio Arriba county;
(104) three hundred fifty thousand dollars ($350,000) to design, construct and equip an adult daycare addition to the Espanola senior center in Rio Arriba county;
(105) twenty-seven thousand dollars ($27,000) to purchase a vehicle for the Jicarilla Apache senior center in Rio Arriba county;
(106) eighty-four thousand dollars ($84,000) to purchase vehicles for senior centers in Rio Arriba county;
(107) twenty-five thousand dollars ($25,000) to make improvements to the Elida senior center in Roosevelt county;
(108) six thousand two hundred fifty dollars ($6,250) to purchase meals equipment for the Portales senior center in Roosevelt county;
(109) ninety-six thousand dollars ($96,000) to purchase vehicles for the Portales senior center in Roosevelt county;
(110) thirty-four thousand dollars ($34,000) to purchase a vehicle for the senior center in Portales in Roosevelt county;
(111) eight thousand dollars ($8,000) to purchase meals equipment and appliances for the senior centers in San Juan county;
(112) seventy thousand eight hundred sixty dollars ($70,860) to make improvements to the Naschitti and Sheep Springs senior centers in San Juan county;
(113) thirty-four thousand four hundred thirty-two dollars ($34,432) to make improvements to the Bonnie Dallas senior center in San Juan county;
(114) five thousand three hundred ten dollars ($5,310) to purchase equipment and appliances for the northwest New Mexico senior centers in San Juan county;
(115) forty-five thousand dollars ($45,000) to make improvements to the Crystal chapter senior center in San Juan county;
(116) one hundred thirteen thousand dollars ($113,000) to purchase vehicles for the northwest New Mexico senior centers in San Juan county;
(117) two hundred thousand dollars ($200,000) to pave parking lots at senior centers in San Juan county;
(118) forty-eight thousand dollars ($48,000) to purchase a vehicle for the senior center at the pueblo of San Felipe in Sandoval county;
(119) one hundred fifty-four thousand dollars ($154,000) to purchase vehicles for the five Sandoval senior centers in Sandoval county;
(120) eighty-three thousand dollars ($83,000) to purchase vehicles for the senior center at the pueblo of Santo Domingo in Sandoval county;
(121) twenty-eight thousand one hundred dollars ($28,100) to purchase appliances and meals equipment for the five Sandoval senior centers in Sandoval county;
(122) six thousand dollars ($6,000) to make improvements to the five Sandoval senior centers in Sandoval county;
(123) nineteen thousand four hundred twenty-three dollars ($19,423) to purchase appliances and meals equipment for the senior center at the pueblo of Jemez in Sandoval county;
(124) ninety-two thousand dollars ($92,000) to purchase vehicles for the senior center at the pueblo of Jemez in Sandoval county;
(125) twenty-nine thousand eight hundred fifty dollars ($29,850) to purchase appliances and meals equipment for the senior centers in Sandoval county;
(126) three hundred five thousand dollars ($305,000) to purchase vehicles for senior centers in Sandoval county;
(127) sixteen thousand one hundred dollars ($16,100) to purchase furniture and equipment for the five Sandoval senior centers in Sandoval county;
(128) twenty-seven thousand dollars ($27,000) to purchase a vehicle for the senior center at the pueblo of Cochiti in Sandoval county;
(129) forty-seven thousand six hundred dollars ($47,600) to purchase equipment and furniture for senior centers in Sandoval county;
(130) one hundred fifteen thousand nine hundred dollars ($115,900) to make improvements to the Meadowlark senior center in Sandoval county;
(131) fifteen thousand dollars ($15,000) to purchase appliances and meals equipment for the senior center at the pueblo of San Felipe in Sandoval county;
(132) forty-eight thousand dollars ($48,000) to purchase a vehicle for the pueblo of Nambe senior center in Santa Fe county;
(133) eight thousand dollars ($8,000) to make improvements to the pueblo of Nambe senior center in Santa Fe county;
(134) forty-eight thousand dollars ($48,000) to purchase a vehicle for the senior center at the pueblo of San Ildefonso in Santa Fe county;
(135) two hundred fifty thousand dollars ($250,000) to make improvements to the Mary Esther Gonzales senior center in Santa Fe county;
(136) eleven thousand five hundred thirty-six dollars ($11,536) to make improvements to the pueblo of Pojoaque senior center in Santa Fe county;
(137) seven thousand dollars ($7,000) to make improvements to the pueblo of San Ildefonso senior center in Santa Fe county;
(138) fifty-five thousand five hundred dollars ($55,500) to purchase meals equipment and appliances for senior centers in Santa Fe in Santa Fe county;
(139) seventeen thousand four hundred ninety-two dollars ($17,492) to purchase meals equipment and appliances for the senior center at the pueblo of Nambe in Santa Fe county;
(140) twenty-four thousand dollars ($24,000) to purchase a vehicle for the senior center in Tesuque in Santa Fe county;
(141) six thousand dollars ($6,000) to purchase equipment for a Santa Fe senior program in Santa Fe county;
(142) seven thousand one hundred sixty-three dollars ($7,163) to purchase equipment and appliances for the senior center in Nambe in Santa Fe county;
(143) three hundred sixty-one thousand dollars ($361,000) to purchase vehicles for the senior centers in Santa Fe in Santa Fe county;
(144) sixty-five thousand dollars ($65,000) to purchase vehicles for a Santa Fe senior program in Santa Fe county;
(145) twenty-eight thousand dollars ($28,000) to purchase a vehicle for the senior center in Pojoaque in Santa Fe county;
(146) ten thousand six hundred eighty-two dollars ($10,682) to purchase meals equipment and appliances for the senior center at the pueblo of San Ildefonso in Santa Fe county;
(147) nine thousand dollars ($9,000) to make improvements to the senior center in Truth or Consequences in Sierra county;
(148) twenty-one thousand one hundred one dollars ($21,101) to purchase meals equipment and appliances for the senior center in Socorro in Socorro county;
(149) one hundred fifty thousand dollars ($150,000) to purchase vehicles for senior centers in Socorro county;
(150) two hundred seventy-five thousand dollars ($275,000) to purchase defibrillators for the aging network statewide;
(151) seventeen thousand four hundred ninety-two dollars ($17,492) to purchase meals equipment and appliances for the senior center in the pueblo of Picuris in Taos county;
(152) twenty-six thousand nine hundred forty-seven dollars ($26,947) to purchase meals equipment and appliances for senior centers in Taos county;
(153) one hundred thirty-three thousand dollars ($133,000) to purchase vehicles for senior centers in Taos county;
(154) one thousand five hundred dollars ($1,500) to purchase equipment and furniture for senior centers in Taos county;
(155) eight thousand one hundred sixty-three dollars ($8,163) to purchase furniture and appliances for the senior center at the pueblo of Picuris in Taos county;
(156) forty-eight thousand dollars ($48,000) to purchase a vehicle for the senior center at the pueblo of Taos in Taos county;
(157) fifty-five thousand dollars ($55,000) to make improvements to the senior center in the pueblo of Picuris in Taos county;
(158) twenty-eight thousand dollars ($28,000) to purchase a vehicle for the senior center at the pueblo of Picuris in Taos county;
(159) eighty-two thousand dollars ($82,000) to make improvements to the senior center in Chamisal in Taos county;
(160) forty thousand dollars ($40,000) to purchase a vehicle for the senior center in Torrance county;
(161) twenty-eight thousand three hundred sixty-five dollars ($28,365) to purchase meals equipment and appliances for the senior center in Clayton in Union county;
(162) seventy-six thousand dollars ($76,000) to construct, equip and furnish the senior center in Des Moines in Union county;
(163) forty-eight thousand dollars ($48,000) to purchase a vehicle for the senior center in Clayton in Union county;
(164) fourteen thousand two hundred fifty-one dollars ($14,251) to purchase meals equipment and appliances for the El Cerro Mission senior center in Valencia county;
(165) seventy-three thousand dollars ($73,000) to purchase vehicles for senior centers in Valencia county; and
(166) ten thousand dollars ($10,000) to purchase equipment and furniture for the senior centers in Valencia county.
C. For state public educational capital improvements and acquisitions:
(1) to the state department of public education, five million dollars ($5,000,000) to purchase portable classrooms or to build classrooms for full-day kindergarten throughout the state;
(2) to the governing board of the Albuquerque technical-vocational institute in Bernalillo county, four million seven hundred eighty-six thousand dollars ($4,786,000) for deferred maintenance and electrical distribution and upgrades and for a pedestrian overpass across University boulevard;
(3) to the governing board of Clovis community college, three hundred thousand dollars ($300,000) for infrastructure renovation and expansion at the campus in Curry county;
(4) to the board of regents of eastern New Mexico university:
(a) one million two hundred fifty thousand dollars ($1,250,000) for deferred maintenance and infrastructure modernization at the main campus in Portales in Roosevelt county;
(b) four million dollars ($4,000,000) to construct a communications center at the main campus in Portales in Roosevelt county;
(c) four hundred fifty thousand dollars ($450,000) for infrastructure renovation and improvements at the Roswell campus in Chaves county; and
(d) one hundred thirty-five thousand dollars ($135,000) to replace the roof at the Ruidoso center in Lincoln county;
(5) to the board of regents of New Mexico highlands university:
(a) two million seven hundred thousand dollars ($2,700,000) for infrastructure renovation and expansion at the campus in Las Vegas in San Miguel county; and
(b) four million six hundred thousand dollars ($4,600,000) to construct a new science and technology building and to remodel the Lora Mangum Shields science building at the campus in Las Vegas in San Miguel county;
(6) to the governing board of New Mexico junior college:
(a) nine hundred eighty-nine thousand three hundred eighty-five dollars ($989,385) for infrastructure improvements at the campus in Hobbs in Lea county; and
(b) three million dollars ($3,000,000) for the Ben Alexander learning center addition at the campus in Hobbs in Lea county;
(7) to the governing board of Luna vocational-technical institute:
(a) one million dollars ($1,000,000) for infrastructure improvements for the underground electrical distribution and energy management system at the campus in Las Vegas in San Miguel county; and
(b) six hundred thirty thousand dollars ($630,000) for phase 3 construction of the health care training facility at the campus in Las Vegas in San Miguel county;
(8) to the governing board of Mesa technical college, eight hundred thousand dollars ($800,000) for phase 1 construction of the facilities master plan at the campus in Tucumcari in Quay county;
(9) to the board of regents of New Mexico institute of mining and technology:
(a) three million dollars ($3,000,000) for infrastructure renovation and expansion at the campus in Socorro in Socorro county;
(b) four million three hundred thousand dollars ($4,300,000) to plan and construct a student services center at the campus in Socorro in Socorro county; and
(c) seven hundred eighty-five thousand three hundred twenty-two dollars ($785,322) to renovate Kelly and Jones halls at the campus in Socorro county;
(10) to the board of regents of New Mexico military institute, three million dollars ($3,000,000) for campus renovations in Roswell in Chaves county;
(11) to the board of regents of New Mexico state university:
(a) five hundred thousand dollars ($500,000) for infrastructure renovation and expansion at the Grants campus in Cibola county;
(b) nine million dollars ($9,000,000) for infrastructure renewal and expansion at the main campus in Dona Ana county;
(c) seven hundred thousand dollars ($700,000) for infrastructure renovation and expansion at the Dona Ana branch in Dona Ana county;
(d) three million dollars ($3,000,000) for phase 2 construction of the East Mesa center at the Dona Ana branch in Dona Ana county;
(e) one million two hundred fifty thousand dollars ($1,250,000) for phase 2 construction of the border area satellite in Las Cruces in Dona Ana county;
(f) one million two hundred thousand dollars ($1,200,000) for infrastructure renovation and expansion at the Carlsbad branch in Eddy county; and
(g) seven hundred twenty-seven thousand dollars ($727,000) for infrastructure renovation and expansion at the Alamogordo branch in Otero county;
(12) to the board of regents of northern New Mexico state school:
(a) seven hundred eighty-five thousand dollars ($785,000) for infrastructure renovation and site improvements at the Espanola campus in Rio Arriba county;
(b) nine hundred thousand dollars ($900,000) for phase 2 construction of an addition to the high technology manufacturing and training facility at the Espanola campus in Rio Arriba county; and
(c) one hundred ninety thousand dollars ($190,000) to renovate a 1936 adobe building on the El Rito campus in Rio Arriba county;
(13) to the governing board of San Juan college:
(a) one million two hundred thousand dollars ($1,200,000) for infrastructure upgrades and site improvements at the campus in Farmington in San Juan county; and
(b) three million five hundred thousand dollars ($3,500,000) to renovate and expand the library and student center at the campus in Farmington in San Juan county;
(14) to the community college board of Santa Fe community college, nine hundred thousand dollars ($900,000) to replace the roof and make infrastructure improvements at the campus in Santa Fe county;
(15) to the board of regents of the university of New Mexico:
(a) six million dollars ($6,000,000) for core building renewal and renovation of existing facilities at the main campus in Albuquerque in Bernalillo county;
(b) one million five hundred ten thousand dollars ($1,510,000) for the manufacturing training and technology center clean room installation at the main campus in Albuquerque in Bernalillo county;
(c) two million dollars ($2,000,000) for patient care equipment at the health sciences center at the north campus in Albuquerque in Bernalillo county;
(d) seven hundred fifty thousand dollars ($750,000) for infrastructure improvements at the Gallup branch in McKinley county;
(e) two million dollars ($2,000,000) for phase 3 construction of the education center at the Taos branch in Taos county;
(f) two hundred thousand dollars ($200,000) for infrastructure improvements at the Valencia campus in Valencia county; and
(g) one million dollars ($1,000,000) for phase 1 construction of the instructional facility at the Valencia campus in Valencia county;
(16) to the board of regents of western New Mexico university:
(a) three million two hundred thousand dollars ($3,200,000) for infrastructure renovation and expansion at the campus in Silver City in Grant county; and
(b) one million six hundred thousand dollars ($1,600,000) to renovate the Martinez-Phelps Dodge building at the school of education at the campus in Silver City in Grant county;
(17) to the board of regents of New Mexico school for the deaf, five million dollars ($5,000,000) for health, safety and accessibility improvements at the campus in Santa Fe in Santa Fe county;
(18) to the board of regents of New Mexico school for the visually handicapped, one million dollars ($1,000,000) for health, safety and accessibility improvements at the campus in Alamogordo in Otero county; and
(19) to the commission on higher education:
(a) two million dollars ($2,000,000) to make improvements to increase handicapped accessibility and meet safety requirements, as well as the requirements of the Americans with Disabilities Act of 1990, at higher education facilities and constitutional special schools statewide; and
(b) two million three hundred forty thousand dollars ($2,340,000) for statewide technology infrastructure projects and needs at institutions of higher learning throughout the state.
D. For public library acquisitions, to the office of cultural affairs, fifteen million nine hundred eighty thousand dollars ($15,980,000) to acquire library books, equipment and library resources for public school, academic and local libraries statewide as follows:
(1) four million eight hundred fifty-two thousand dollars ($4,852,000) for public libraries;
(2) seven million seven hundred four thousand dollars ($7,704,000) for public school libraries; and
(3) three million four hundred twenty-four thousand dollars ($3,424,000) to purchase library materials and books for academic libraries statewide.
E. For state facilities improvement and equipment:
(1) to the state armory board:
(a) one million dollars ($1,000,000) for site improvements, including drainage and erosion control, access modifications and upgrades to existing roads, at the Onate complex in Santa Fe county; and
(b) one million dollars ($1,000,000) for the statewide armory renovation and rehabilitation project;
(2) to the capital program fund, five hundred thousand dollars ($500,000) to plan, design, furnish, equip, renovate and make improvements, including site preparation and limited removals, to the Villagra building in Santa Fe in Santa Fe county; and
(3) to the state fair commission, four million dollars ($4,000,000) for renovating or replacing horse stalls, including associated site and infrastructure improvements, for ongoing renovations to the various facilities and infrastructure and for correcting code deficiencies throughout the New Mexico state fairgrounds in Albuquerque in Bernalillo county.
F. For water projects, to the office of the state engineer:
(1) ten million dollars ($10,000,000) to purchase water rights to meet the state's obligation under the Pecos River Compact;
(2) four hundred seventy thousand dollars ($470,000) for renovations to Ute dam in Quay county;
(3) one million dollars ($1,000,000) for capital improvements on the San Juan river for endangered fish species recovery in San Juan county;
(4) five hundred one thousand dollars ($501,000) for well-metering equipment and constructing monitoring wells in the Nambe-Pojoaque-Tesuque basin in Santa Fe county; and
(5) one million forty thousand dollars ($1,040,000) for dam rehabilitation projects statewide.
Section 11. ELECTION.--
A. Bonds issued pursuant to the 2002 Capital Projects General Obligation Bond Act shall be submitted to the registered voters of the state at the general election to be held in November 2002, and, if they receive a majority of all the votes cast thereon at such election, shall take effect upon certification of the state canvassing board announcing the results of such election. No bonds shall be issued or sold under the 2002 Capital Projects General Obligation Bond Act until the registered voters of this state have voted upon and approved the bonds and property tax as provided in this section. Any bonds issued under that act shall be issued within thirty months from the date of such election.
B. The ballots used at the 2002 general election shall contain substantially the following language:
(1) "The 2002 Capital Projects General Obligation Bond Act authorizes the issuance and sale of senior citizen facility improvements and acquisitions bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed ten million eight hundred seventeen thousand six hundred seventy-eight dollars ($10,817,678) to make capital expenditures for certain senior citizen facility improvements and acquisitions projects and provide for a general property tax imposition and levy for the payment of principal of, interest on and expenses incurred in connection with the issuance of the bonds and the collection of the tax as permitted by law?
For________________ Against________________";
(2) "The 2002 Capital Projects General Obligation Bond Act authorizes the issuance and sale of state public educational capital improvements and acquisitions bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed ninety-three million four hundred twenty-nine thousand seven hundred seven dollars ($93,429,707) to make capital expenditures for certain public education, higher education and other educational institutions capital improvements and acquisitions and provide for a general property tax imposition and levy for the payment of principal of, interest on and expenses incurred in connection with the issuance of the bonds and the collection of the tax as permitted by law?
For________________ Against________________";
(3) "The 2002 Capital Projects General Obligation Bond Act authorizes the issuance and sale of public library acquisition bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed sixteen million eighty thousand dollars ($16,080,000) to make capital expenditures for public school, higher education and public library acquisitions and provide for a general property tax imposition and levy for the payment of principal of, interest on and expenses incurred in connection with the issuance of the bonds and the collection of the tax as permitted by law?
For________________ Against________________";
(4) "The 2002 Capital Projects General Obligation Bond Act authorizes the issuance and sale of state facilities improvement and equipment bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed six million five hundred ninety-two thousand dollars ($6,592,000) to make capital expenditures for state facilities and equipment and provide for a general property tax imposition and levy for the payment of principal of, interest on and expenses incurred in connection with the issuance of the bonds and the collection of the tax as permitted by law?
For________________ Against________________"; and
(5) "The 2002 Capital Projects General Obligation Bond Act authorizes the issuance and sale of water project bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed thirteen million one hundred three thousand dollars ($13,103,000) to make capital expenditures for water rights purchases and water projects and provide for a general property tax imposition and levy for the payment of principal of, interest on and expenses incurred in connection with the issuance of the bonds and the collection of the tax as permitted by law?
For________________ Against________________".
C. Each question set forth in this section includes a specific work or object to be financed by the bonds. If any such question is not approved by a majority vote of the electorate at the state's 2002 general election, the issuance of bonds for the work or object specified by the question shall be excluded from and shall not be part of the 2002 Capital Projects General Obligation Bond Act. The failure of a question to be approved by the electorate at the 2002 general election shall not affect those questions that are approved at the election.
D. The secretary of state shall include the submission of the capital projects general obligation bonds to the people at the 2002 general election, and it shall be included in the general election proclamation of each of the county clerks. The secretary of state shall cause the 2002 Capital Projects General Obligation Bond Act to be published in full in at least one newspaper in each county of the state if one be published therein, once each week, for four successive weeks next preceding the general election as required by the constitution of New Mexico.
Section 12. CERTIFICATION AND REVERSION.--
A. The agencies named in the 2002 Capital Projects General Obligation Bond Act shall certify to the state board of finance when the money from the proceeds of the general obligation bonds authorized in this section is needed for the purposes specified in Section 10 of that act. If an agency has not certified the need for the issuance of the bonds for a particular project by the end of fiscal year 2004, the authorization for that project is void.
B. Before an agency may certify for the issuance of general obligation bonds, the project must be developed sufficiently so that the agency reasonably expects to:
(1) incur within six months after the bonds have been issued 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 bonds have been issued.
C. Except as otherwise provided in this section, the unexpended balance from the proceeds of general obligation bonds issued for a project shall revert to the debt service fund as follows:
(1) for projects for which general obligation bonds were issued to purchase vehicles, heavy equipment, 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 following the fiscal year in which the general obligation bonds were issued for the purchase after reserving for unpaid costs and expenses covered by binding written obligations to third parties; and
(2) for all other projects for which general obligation bonds were issued, within six months of completion of the project, but no later than the end of fiscal year 2007.
D. Except for appropriations to the capital program fund, money from general obligation bond proceeds provided pursuant to this act shall not be used to pay indirect project costs.
E. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after costs and expenses recognized in accordance with generally accepted accounting principles have been paid.
Section 13. ART IN PUBLIC PLACES.--Pursuant to Section
13-4A-4 NMSA 1978 and where applicable, the appropriations authorized in the 2002 Capital Projects General Obligation Bond Act include money for the art in public places fund.
Section 14. PROJECT SCOPE--EXPENDITURES--REVERSION.--
A. If an appropriation for a project authorized in the 2002 Capital Projects General Obligation Bond 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.
B. The state agencies and state institutions to which money has been appropriated in the 2002 Capital Projects General Obligation Bond Act shall be responsible for monitoring the projects funded in that act to ensure compliance with the constitution and laws of New Mexico, and shall cause to be reverted any unexpended or unencumbered balance remaining at the earlier of the third full fiscal year after issuance of the bonds or the termination or completion of the specific project. Reverted funds shall be deposited in the debt service fund established by the state treasurer for the purpose of paying the principal of and interest on the state's general obligation bonds.
Section 15. SEVERABILITY.--If any part or application of the 2002 Capital Projects General Obligation Bond Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
Section 16. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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