HOUSE BILL 558

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Edward C. Sandoval

AN ACT

RELATING TO CAPITAL EXPENDITURES; ESTABLISHING CONDITIONS FOR THE REVERSION OF UNEXPENDED BALANCES; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. GENERAL FUND AND OTHER FUND APPROPRIATIONS--LIMITATIONS--REVERSIONS.--

          A. Except as otherwise provided in this section or another section of this act, the unexpended balance of an appropriation made in this act from the general fund or other state fund, including changes to prior appropriations, shall revert to the originating fund as follows:

                (1) for projects for which appropriations were made to match federal grants, six months after completion of the project;

                (2) for projects for which appropriations were made to purchase vehicles, heavy equipment, educational technology or 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 appropriation was made for the purchase;

                (3) for projects for which appropriations were made to purchase emergency vehicles or other vehicles that require special equipment, at the end of the fiscal year two years following the fiscal year in which the severance tax bonds were issued for the purchase; and

                (4) for all other projects for which appropriations were made, within six months of completion of the project, but no later than the end of fiscal year 2009.

          B. Except for appropriations to the capital program fund, money from appropriations made in this act shall not be used to pay indirect project costs.

          C. 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. WATER PROJECTS--WATER PROJECT FINANCE ACT PROVISIONS--GENERAL FUND.--Twenty million dollars ($20,000,000) is appropriated from the general fund to the water project fund for expenditure in fiscal year 2005 and subsequent fiscal years to support water projects pursuant to the provisions of the Water Project Finance Act. Any unexpended balance remaining at the end of a fiscal year shall not revert to the general fund.

     Section 3. MINERS' COLFAX MEDICAL CENTER--MINERS' TRUST FUND.--Four million dollars ($4,000,000) is appropriated from the miners' trust fund to the board of trustees of miners' Colfax medical center for expenditure in fiscal years 2004 through 2009 for improvements at miners' Colfax medical center in Raton in Colfax county. Any unexpended balance remaining at the end of fiscal year 2009 shall revert to the miners' trust fund.

     Section 4. STATE BUILDING PROJECTS--PUBLIC BUILDINGS REPAIR FUND--SEVERANCE TAX BOND APPROPRIATION TO FUND--APPROPRIATION FROM FUND TO CAPITAL PROGRAM FUND.--

          A. Pursuant to the provisions of Section 1 of this act, upon certification by the property control division of the general services department that the need exists for the issuance of the bonds, eight million dollars ($8,000,000) is appropriated to the public buildings repair fund for statewide repairs of state-owned facilities.

          B. Eight million dollars ($8,000,000) is appropriated from the public buildings repair fund to the capital program fund for expenditure in fiscal years 2004 through 2009 for statewide repairs of state-owned facilities. Any unexpended balance remaining at the end of fiscal year 2009 shall revert to the public buildings repair fund.

     Section 5. PROJECT SCOPE--EXPENDITURES.--If an appropriation for a project authorized in this 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.

     Section 6. ART IN PUBLIC PLACES.--Pursuant to Section 13-4A-4 NMSA 1978 and where applicable, the appropriations authorized in this act include one percent for the art in public places fund.

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

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