AN
ACT
AUTHORIZING THE ISSUANCE
AND SALE OF CAPITAL PROJECTS GENERAL OBLIGATION BONDS TO MAKE CAPITAL
EXPENDITURES FOR SENIOR CITIZEN FACILITY IMPROVEMENTS AND ACQUISITIONS, FOR
HIGHER EDUCATIONAL CAPITAL IMPROVEMENTS AND ACQUISITIONS, FOR PUBLIC AND
ACADEMIC LIBRARY ACQUISITIONS, FOR KINDERGARTEN CLASSROOM CONSTRUCTION AND
RENOVATIONS AND FOR OTHER STATE 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 2004 GENERAL ELECTION
OF THE STATE; AMENDING A SECTION OF THE PROJECTS GENERAL BOND ACT PERTAINING TO
THE REVERSION OF BOND PROCEEDS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF NEW MEXICO:
Section
1. SHORT TITLE.--Sections 1 through 14
of this act may be cited as the "2004 Capital Projects General Obligation
Bond Act".
Section
2. PURPOSE.--For the purpose of
providing funds for capital expenditures as authorized in the 2004 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 2004 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 2004 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 2004 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 2004 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
2004 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 2004 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 2004 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 2004
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 2004 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.--The proceeds from the
sale of bonds issued under the provisions of the 2004 Capital Projects General
Obligation Bond Act shall be distributed as follows for the purposes and in the
amounts specified:
A. for senior citizen facility improvements and
construction, to the state agency on aging:
(1) forty-three thousand dollars ($43,000) to
make improvements to Los Volcanes senior center in Bernalillo county;
(2) sixty thousand dollars ($60,000) to make
improvements to the Barelas senior center in Bernalillo county;
(3) one hundred fifty thousand dollars ($150,000)
to make improvements to the county building for the New Mexico senior citizens
olympic program in Chaves county;
(4) one hundred thousand dollars ($100,000) to
make improvements to the Pueblo of Acoma senior center in Cibola county;
(5) fifty-two thousand dollars ($52,000) to make
improvements to the Melrose senior center in Curry county;
(6) seventy-five thousand dollars ($75,000) to
make improvements to the Baxter-Curran senior centers in the Alice Converse
complex in Clovis in Curry county;
(7) two hundred twenty thousand dollars
($220,000) to make improvements to the Old Mesilla community senior center in
Dona Ana county;
(8) one hundred thousand dollars ($100,000) for
improvements to the old Santa Clara senior center in Grant county;
(9) one hundred forty thousand dollars ($140,000)
to make improvements to La Loma senior center in Guadalupe county;
(10) ninety thousand dollars ($90,000) to renovate
the Lovington senior center in Lea county;
(11) one hundred forty thousand dollars ($140,000)
to make improvements to the Hobbs senior center in Lea county;
(12) seventy thousand dollars ($70,000) to make
improvements to the Ojo Encino chapter senior center of the Navajo Nation in
McKinley county;
(13) ninety-five thousand dollars ($95,000) to
make improvements to the Crownpoint senior center of the Navajo Nation in
McKinley county;
(14) one hundred fifty thousand dollars ($150,000)
to make improvements to the senior center in Chama in Rio Arriba county;
(15) three hundred eighty thousand dollars
($380,000) to complete construction of the Pueblo of Santa Clara senior center
in Rio Arriba county;
(16) two hundred thousand dollars ($200,000) to
complete the adult daycare center in Rio Arriba county;
(17) eighty-three thousand six hundred
ninety-three dollars ($83,693) to make improvements to the Rio Arriba county
senior centers in Rio Arriba county;
(18)
five hundred sixty-two thousand dollars ($562,000) to make improvements
to or construct a senior center in Pecos in San Miguel county;
(19) seventy-five thousand dollars ($75,000) to
make improvements to the Pueblo of Santa Ana senior center in Sandoval county;
(20) fifty-one thousand six hundred dollars
($51,600) to make improvements to the Bernalillo senior center in Sandoval
county;
(21) one hundred twenty-five thousand dollars
($125,000) to make improvements to the Pasatiempo senior center in Santa Fe
county;
(22) two hundred twenty-five thousand dollars
($225,000) to make improvements to El Rancho senior center in Santa Fe county;
(23) ninety thousand dollars ($90,000) to make
improvements to the Santa Fe MEG senior center for the meals on wheels program
in Santa Fe county;
(24) five hundred thousand dollars ($500,000) to
complete construction of the Magdalena senior center in Socorro county;
(25) one hundred seventy-five thousand three
hundred seventy-seven dollars ($175,377) to make improvements to comply with
the Americans with Disabilities Act of 1990 to the Pueblo of Picuris senior
center in Taos county;
(26) six thousand seven hundred dollars ($6,700)
to make improvements to the Pueblo of Isleta senior center in Bernalillo
county;
(27) forty thousand dollars ($40,000) to make
improvements at the North Valley senior center in Bernalillo county;
(28) eleven thousand six hundred three dollars
($11,603) to purchase meals equipment for the Joy senior centers in Chaves
county;
(29) ten thousand three hundred ninety dollars
($10,390) to purchase equipment for the Pueblo of Acoma senior center in Cibola
county;
(30) eight thousand six hundred dollars ($8,600)
to purchase equipment for the Pueblo of Acoma senior center in Cibola county;
(31) thirteen thousand two hundred sixty dollars
($13,260) to purchase meals equipment for the Grants senior center in Cibola
county;
(32) ten thousand dollars ($10,000) to make
improvements to the Maxwell senior center in Colfax county;
(33) twenty-five thousand dollars ($25,000) to
purchase meals equipment for the Clovis senior center in Curry county;
(34) three thousand five hundred dollars ($3,500)
to purchase meals equipment for the Grady senior center in Curry county;
(35) twenty-five thousand dollars ($25,000) to
make improvements to the Anthony senior center in Dona Ana county;
(36) five thousand five hundred dollars ($5,500)
to purchase equipment for the Artesia senior center in Eddy county;
(37) four thousand seven hundred fifty dollars
($4,750) to purchase meals equipment for the Puerto de Luna senior center in
Guadalupe county;
(38) twenty-seven thousand dollars ($27,000) to
make improvements to the Santa Rosa senior center in Guadalupe county;
(39) fifteen thousand two hundred fifty dollars
($15,250) to make improvements to the Puerto de Luna senior center in Guadalupe
county;
(40) five thousand seven hundred fifty-three
dollars ($5,753) to purchase equipment for the Lordsburg and Hidalgo-Ena
Mitchell senior center in Hidalgo county;
(41) six thousand two hundred fifty dollars
($6,250) to make improvements to the Tatum senior center in Lea county;
(42) four thousand dollars ($4,000) to make
improvements to the Eunice senior center in Lea county;
(43) three thousand four hundred five dollars
($3,405) to purchase meals equipment for the Woolworth senior center in Lea
county;
(44) three thousand one hundred dollars ($3,100)
to purchase meals equipment for the Lovington senior center in Lea county;
(45) thirty thousand dollars ($30,000) to make
improvements to the Ruidoso Downs senior center in Lincoln county;
(46) fifteen thousand nine hundred ten dollars
($15,910) to purchase meals equipment for the Ruidoso Downs senior center in
Lincoln county;
(47) two thousand three hundred three dollars
($2,303) to purchase meals equipment for the Deming and Luna senior center in
Luna county;
(48) nine thousand five hundred dollars ($9,500)
to make improvements to the Baca chapter senior center of the Navajo Nation in
McKinley county;
(49) forty-five thousand dollars ($45,000) to make
improvements to the Casamero Lake chapter senior center of the Navajo Nation in
McKinley county;
(50) two thousand five hundred dollars ($2,500) to
purchase equipment for the Gallup senior center in McKinley county;
(51) four thousand six hundred dollars ($4,600) to
purchase equipment for the Ramah and Thoreau senior centers in McKinley county;
(52) eighteen thousand dollars ($18,000) to
purchase meals equipment for the Gallup senior center in McKinley county;
(53) eleven thousand five hundred seventy-four
dollars ($11,574) to purchase meals equipment for the Ramah and Thoreau senior
centers in McKinley county;
(54) one thousand dollars ($1,000) to purchase
meals equipment for the Prewitt senior center of the Navajo Nation in McKinley
county;
(55) two thousand five hundred twenty-four dollars
($2,524) to make improvements to the Mescalero senior center in Otero county;
(56) ten thousand dollars ($10,000) to make
improvements to the Pueblo of San Juan senior center in Rio Arriba county;
(57) five thousand dollars ($5,000) to make
improvements to the Pueblo of Santa Clara senior center in Rio Arriba county;
(58) nineteen thousand dollars ($19,000) to
purchase equipment for the Rio Arriba county senior centers in Rio Arriba
county;
(59) twenty-nine thousand dollars ($29,000) to
purchase meals equipment for the senior centers in Rio Arriba county;
(60) one thousand dollars ($1,000) to purchase
meals equipment for the Pueblo of San Juan senior center in Rio Arriba county;
(61) fourteen thousand five hundred seventy-nine
dollars ($14,579) to make improvements to the Portales senior center in
Roosevelt county;
(62) two thousand eight hundred eighty dollars
($2,880) to purchase equipment for the meal site in Roosevelt county;
(63) two thousand five hundred dollars ($2,500) to
purchase meals equipment for the Congregate meal site in Roosevelt county;
(64) two thousand sixty dollars ($2,060) to
purchase meals equipment for the Pueblo of San Felipe senior center in Sandoval
county;
(65) two thousand five hundred dollars ($2,500) to
purchase meals equipment for the Pueblo of Cochiti senior center in Sandoval
county;
(66) five thousand dollars ($5,000) to make
improvements to the Pueblo of Jemez senior center in Sandoval county;
(67) twenty thousand dollars ($20,000) to make
improvements to the Jemez senior center in Sandoval county;
(68) one hundred two thousand dollars ($102,000)
to make improvements to the Pueblo of Cochiti senior center in Sandoval county;
(69) four thousand dollars ($4,000) to make
improvements to the Cuba senior center in Sandoval county;
(70) ten thousand four hundred ninety-nine dollars
($10,499) to purchase equipment for the Pueblo of San Felipe senior center in
Sandoval county;
(71) five thousand five hundred dollars ($5,500)
to purchase meals equipment for the Bloomfield senior center in San Juan
county;
(72) six thousand seven hundred forty-five dollars
($6,745) to purchase meals equipment for the Blanco senior center in San Juan
county;
(73) twenty-one thousand three hundred eighteen
dollars ($21,318) to make improvements to the Bonnie Dallas senior center in
San Juan county;
(74) two thousand one hundred dollars ($2,100) to
make improvements to the countywide senior centers in San Juan county;
(75) sixteen thousand three hundred seven dollars
($16,307) to make improvements to the Bloomfield senior center in San Juan
county;
(76) twelve thousand four hundred dollars
($12,400) to make improvements to the Aztec senior center in San Juan county;
(77) twenty thousand dollars ($20,000) to make
improvements to senior centers in Mora and San Miguel counties;
(78) nine thousand one hundred ten dollars
($9,110) to purchase meals equipment for senior centers in Mora and San Miguel
counties;
(79) thirty thousand dollars ($30,000) to make
improvements to the Pueblo of Nambe senior center in Santa Fe county;
(80) thirty-two thousand nine hundred fifty
dollars ($32,950) to purchase equipment for the Pueblo of San Ildefonso senior
center in Santa Fe county;
(81) nineteen thousand forty dollars ($19,040) to
purchase equipment for the senior centers in Santa Fe in Santa Fe county;
(82) fifty-nine thousand four hundred dollars
($59,400) to purchase meals equipment for the senior centers in Santa Fe in
Santa Fe county;
(83) two thousand dollars ($2,000) to purchase
meals equipment for the Pueblo of Nambe senior center in Santa Fe county;
(84) eighteen thousand dollars ($18,000) to
purchase meals equipment for the Pueblo of San Ildefonso senior center in Santa
Fe county;
(85) twenty-five thousand five hundred four
dollars ($25,504) to make improvements to the Socorro senior center in Socorro
county;
(86) nineteen thousand four hundred thirty-seven
dollars ($19,437) to make improvements to senior centers in Taos county;
(87) seventeen thousand six hundred dollars
($17,600) to purchase meals equipment for senior centers in Valencia county;
(88) thirty-five thousand dollars ($35,000) to
purchase equipment for the area agency on aging planning service areas 2 and 4
in multiple counties;
(89) one million dollars ($1,000,000) to purchase
information technology and infrastructure for senior centers statewide;
(90) seven thousand dollars ($7,000) to purchase
meals equipment for senior centers in Union county;
(91) fifty thousand dollars ($50,000) to make
improvements to the Pueblo of Picuris senior center in Taos county; and
(92) one thousand seven hundred thirty dollars
($1,730) for meals equipment at the Eunice senior center in Lea county;
B. for higher education capital improvements and
acquisitions, to the commission on higher education:
(1) four million four hundred ten thousand
dollars ($4,410,000) for information technology and infrastructure at
institutions of higher learning and constitutional special schools statewide;
(2) two million three hundred thousand dollars
($2,300,000) for phase 2 upgrades of public television digital equipment to
meet federal communications commission mandates for KNME's digital channel;
(3) one million seven hundred eighty-nine
thousand five hundred forty-eight dollars ($1,789,548) for health and safety
improvements to comply with the Americans with Disabilities Act of 1990 at
institutions of higher learning and constitutional special schools statewide;
(4) seven million dollars ($7,000,000) to plan,
design, construct and equip the westside classroom addition at Albuquerque
technical-vocational institute in Bernalillo county;
(5) four hundred forty thousand dollars
($440,000) for electrical distribution and deferred maintenance upgrades at
Albuquerque technical-vocational institute in Bernalillo county;
(6) five hundred thousand dollars ($500,000) to
plan, design, construct and equip a classroom addition at Clovis community
college in Curry county;
(7) one hundred fifty thousand dollars ($150,000)
for infrastructure renovation and expansion at Clovis community college in
Curry county;
(8) one hundred seventy-five thousand dollars
($175,000) for infrastructure renovation and expansion at eastern New Mexico
university's Roswell campus in Chaves county;
(9) three million dollars ($3,000,000) to plan,
design, construct and equip the health sciences center at eastern New Mexico
university's Roswell campus in Chaves county;
(10) one hundred thousand dollars ($100,000) for
infrastructure improvements at eastern New Mexico university's Ruidoso campus
in Lincoln county;
(11) seven hundred fifty thousand dollars
($750,000) to plan, design and construct phase 1 of the instruction center
expansion at eastern New Mexico university's Ruidoso campus in Lincoln county;
(12) seven hundred thousand dollars ($700,000) to
plan, design, construct and equip a science building at eastern New Mexico
university in Portales in Roosevelt county;
(13) five hundred thousand dollars ($500,000) for
upgrading campus infrastructure and addressing deferred maintenance needs at
eastern New Mexico university in Portales in Roosevelt county;
(14) six million three hundred thousand dollars
($6,300,000) to plan, design, construct and equip a science education facility
at the eastern New Mexico university campus in Roosevelt county;
(15) two hundred thirty thousand dollars
($230,000) for infrastructure improvements for the electrical distribution and
energy management systems at Luna vocational-technical institute in Las Vegas
in San Miguel county;
(16) one million dollars ($1,000,000) to plan,
design, construct and equip the renovation of the business occupations building
at Luna vocational-technical institute in Las Vegas in San Miguel county;
(17) eighty-eight thousand dollars ($88,000) for
infrastructure renovation and improvements at Mesalands community college in
Tucumcari in Quay county;
(18) six hundred thousand dollars ($600,000) to
plan, design and construct phase 2 of a building addition at Mesalands
community college in Tucumcari in Quay county;
(19) three million dollars ($3,000,000) to plan,
design, construct, equip and furnish the renovation of the old science building
and annex at New Mexico highlands university in Las Vegas in San Miguel county;
(20) four hundred thousand dollars ($400,000) for
infrastructure renovation and expansion at New Mexico highlands university in
Las Vegas in San Miguel county;
(21) two million five hundred thousand dollars
($2,500,000) to plan, design and construct improvements to the dormitories at
New Mexico highlands university in Las Vegas in San Miguel county;
(22) three million five hundred thousand dollars
($3,500,000) to renovate Kelly and Jones halls at New Mexico institute of
mining and technology in Socorro in Socorro county;
(23) seven hundred fifty thousand dollars
($750,000) for infrastructure renovation and expansion at New Mexico institute
of mining and technology in Socorro in Socorro county;
(24) one hundred forty thousand dollars ($140,000)
for infrastructure improvements at New Mexico junior college in Hobbs in Lea
county;
(25) three million one hundred thousand dollars
($3,100,000) to plan, design, construct and equip the workforce instructional
training center at New Mexico junior college in Hobbs in Lea county;
(26) one million dollars ($1,000,000) for the
cowboy hall of fame at New Mexico junior college in Hobbs in Lea county;
(27) four hundred fifty thousand dollars
($450,000) for infrastructure renovation and expansion at New Mexico military
institute in Roswell in Chaves county;
(28) one million three hundred thousand dollars
($1,300,000) to plan, design, construct and equip the renovation of McClure
hall at New Mexico military institute in Roswell in Chaves county;
(29) one hundred ninety thousand dollars
($190,000) for health, safety and accessibility improvements at New Mexico
school for the deaf in Santa Fe in Santa Fe county;
(30) six million dollars ($6,000,000) to renovate
Hester hall at New Mexico school for the deaf in Santa Fe in Santa Fe county;
(31) one hundred seventy-five thousand dollars
($175,000) for infrastructure renovation and expansion at New Mexico state
university's Grants campus in Cibola county;
(32) two million dollars ($2,000,000) for
infrastructure renovation and expansion at New Mexico state university in Las
Cruces in Dona Ana county;
(33) three million five hundred thousand dollars
($3,500,000) to plan, design, construct and equip phase 3 of the East Mesa
center at New Mexico state university's Dona Ana campus in Las Cruces in Dona
Ana county;
(34) nine million five hundred thousand dollars
($9,500,000) to renovate and expand O'Donnell hall at New Mexico state
university in Las Cruces in Dona Ana county;
(35) two hundred twenty-five thousand dollars
($225,000) for infrastructure renovation and expansion at New Mexico state
university's Dona Ana community college's central campus in Dona Ana county;
(36) eighty thousand dollars ($80,000) for
infrastructure renovation and expansion at New Mexico state university's
Carlsbad campus in Eddy county;
(37) two hundred eighty thousand dollars
($280,000) for infrastructure renovation and expansion at New Mexico state
university's Alamogordo campus in Otero county;
(38) two hundred forty thousand dollars ($240,000)
for health, safety and accessibility improvements at the New Mexico school for
the visually handicapped in Alamogordo in Otero county;
(39) six hundred thousand dollars ($600,000) to
plan, design, construct and equip the automotive technology building at
northern New Mexico state school in Espanola in Rio Arriba county;
(40) two hundred sixty thousand dollars ($260,000)
for infrastructure renovation and site improvements at northern New Mexico
state school in Espanola in Rio Arriba county;
(41) three hundred twenty thousand dollars
($320,000) for infrastructure and health and safety improvements at Santa Fe
community college in Santa Fe county;
(42) two million dollars ($2,000,000) to plan,
design, construct and equip the renovation of the trades and technology
facilities at San Juan college in Farmington in San Juan county;
(43) three hundred fifty thousand dollars
($350,000) for infrastructure upgrades and site improvements at San Juan
college in Farmington in San Juan county;
(44) two million dollars ($2,000,000) for patient
care equipment at the health sciences center at the university of New Mexico in
Albuquerque in Bernalillo county;
(45) three million dollars ($3,000,000) for core
building renovation of existing facilities at the university of New Mexico in
Albuquerque in Bernalillo county;
(46) eight million dollars ($8,000,000) to plan,
design, construct and equip the health sciences center anatomy laboratories at
the university of New Mexico in Albuquerque in Bernalillo county;
(47) four million dollars ($4,000,000) to plan,
design, construct and equip the centennial engineering center at the university
of New Mexico in Albuquerque in Bernalillo county;
(48) two hundred thousand dollars ($200,000) to
install equipment for a clean room at the university of New Mexico in
Albuquerque in Bernalillo county;
(49) eighty-five thousand dollars ($85,000) for
infrastructure renovation and expansion at the university of New Mexico's Los
Alamos branch in Los Alamos county;
(50) three hundred fifty thousand dollars
($350,000) to plan, design, construct and equip a maintenance plant operations
building at the university of New Mexico's Los Alamos campus in Los Alamos
county;
(51) one million dollars ($1,000,000) to plan,
design, construct and equip the expansion of the health career center at the
university of New Mexico's Gallup campus in McKinley county;
(52) two hundred sixty thousand dollars ($260,000)
for infrastructure improvements at the university of New Mexico's Gallup branch
in McKinley county;
(53) one million five hundred thousand dollars
($1,500,000) to plan, design, construct and equip phase 4 of the education
center, library, student center and trades facility at the university of New
Mexico's Taos campus in Taos county;
(54) fifty thousand dollars ($50,000) for
infrastructure improvements at the university of New Mexico's Valencia campus
in Los Lunas in Valencia county;
(55) five hundred thousand dollars ($500,000) to
plan, design, construct and equip the expansion of the vocational facility at
the university of New Mexico's Valencia campus in Los Lunas in Valencia county;
(56) four hundred ninety thousand dollars
($490,000) for infrastructure renovation and expansion at western New Mexico
university in Silver City in Grant county; and
(57) one million two hundred fifty thousand
dollars ($1,250,000) to plan, design, construct and equip a classroom addition
to Harlan hall at western New Mexico university in Silver City in Grant county;
C. for library acquisitions:
(1) to the commission on higher education, three
million eight hundred eighty-eight thousand dollars ($3,888,000) for
supplemental library resource acquisitions for state academic libraries
statewide;
(2) to the office of cultural affairs:
(a) five million eight hundred thirty-two
thousand dollars ($5,832,000) for supplemental library resource acquisitions,
including books, equipment and resources, for public libraries statewide; and
(b) three hundred twenty-four thousand dollars
($324,000) to acquire library books, equipment and library materials for the
state library and the Angelico Chavez history library; and
(3) to the public education department, six
million one hundred fifty-six thousand dollars ($6,156,000) to acquire
supplemental library books, equipment and library resources for public school
and juvenile detention libraries statewide; and
D. for full-day kindergarten projects, to the
public education department:
(1) two million two hundred seventy-seven
thousand four hundred dollars ($2,277,400) for the construction of portable
classrooms and classroom renovations for full-day kindergarten in the
Albuquerque public school district in Bernalillo county;
(2) fifty-seven thousand eight hundred twenty
dollars ($57,820) to construct a portable classroom for full-day kindergarten
in the Reserve independent school district in Catron county;
(3) fifty-seven thousand eight hundred twenty
dollars ($57,820) to construct a portable classroom for full-day kindergarten
in the Maxwell municipal school district in Colfax county;
(4) fifty-seven thousand eight hundred twenty
dollars ($57,820) to construct a portable classroom for full-day kindergarten
in the Texico municipal school district in Curry county;
(5) ninety-three thousand nine hundred eighty
dollars ($93,980) to construct portable classrooms for full-day kindergarten in
the Clovis municipal school district in Curry county;
(6) fifty-seven thousand eight hundred twenty
dollars ($57,820) to construct a portable classroom for full-day kindergarten
in the Fort Sumner municipal school district in De Baca county;
(7) one hundred seventy-four thousand six hundred
forty dollars ($174,640) to construct portable classrooms for full-day
kindergarten in the Gadsden independent school district in Dona Ana county;
(8) one hundred forty-five thousand one hundred
forty dollars ($145,140) to construct portable classrooms for full-day
kindergarten in the Las Cruces public school district in Dona Ana county;
(9) one hundred forty-five thousand one hundred
forty dollars ($145,140) to construct portable classrooms for full-day
kindergarten in the Hobbs municipal school district in Lea county;
(10) fifty-seven thousand eight hundred twenty
dollars ($57,820) to construct portable classrooms for full-day kindergarten in
the Ruidoso municipal school district in Lincoln county;
(11) three hundred twenty-four thousand five
hundred dollars ($324,500) to construct portable classrooms for full-day
kindergarten in the Los Alamos public school district in Los Alamos county;
(12) one hundred forty-five thousand one hundred
forty dollars ($145,140) to construct portable classrooms for full-day
kindergarten in the Espanola public school district in Rio Arriba county;
(13) fifty-seven thousand eight hundred twenty
dollars ($57,820) to construct a portable classroom for full-day kindergarten
in the Portales municipal school district in Roosevelt county;
(14) one hundred forty-five thousand one hundred
forty dollars ($145,140) to construct portable classrooms for full-day
kindergarten in the Farmington municipal school district in San Juan county;
(15) one hundred forty-five thousand one hundred
forty dollars ($145,140) to construct portable classrooms for full-day
kindergarten in the west Las Vegas public school district in San Miguel county;
(16) six hundred forty-nine thousand dollars
($649,000) to construct portable classrooms for full-day kindergarten in the
Rio Rancho public school district in Sandoval county;
(17) sixty-four thousand four hundred eighty
dollars ($64,480) to construct a portable classroom for full-day kindergarten
in the Cuba independent school district in Sandoval county;
(18) two hundred eighty-five thousand five hundred
sixty dollars ($285,560) to construct portable classrooms for full-day
kindergarten in the Santa Fe public school district in Santa Fe county; and
(19) fifty-seven thousand eight hundred twenty
dollars ($57,820) to construct a portable classroom for full-day kindergarten
in the Socorro consolidated school district in Socorro county.
Section
11. ELECTION.--
A. Bonds issued pursuant to the 2004 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 2004, 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 2004 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 2004 general election
shall contain substantially the following language:
(1) "The 2004 Capital Projects General
Obligation Bond Act authorizes the issuance and sale of senior citizen facility
improvement and construction bonds.
Shall the state be authorized to issue general obligation bonds in an
amount not to exceed six million sixty-three thousand dollars ($6,063,000) to
make capital expenditures for certain senior citizen facility improvements and
construction 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 2004 Capital Projects General
Obligation Bond Act authorizes the issuance and sale of higher educational
capital improvement and acquisition bonds.
Shall the state be authorized to issue general obligation bonds in an
amount not to exceed ninety-four million eight hundred ninety-two thousand
dollars ($94,892,000) to make capital expenditures for certain higher
educational 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 2004 Capital Projects General
Obligation Bond Act authorizes the issuance and sale of library acquisition
bonds. Shall the state be authorized to
issue general obligation bonds in an amount not to exceed sixteen million three
hundred fifteen thousand dollars ($16,315,000) to make capital expenditures for
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___________________"; and
(4) "The 2004 Capital Projects General
Obligation Bond Act authorizes the issuance and sale of kindergarten classroom
construction and renovation bonds. Shall
the state be authorized to issue general obligation bonds in an amount not to
exceed five million one hundred thousand dollars ($5,100,000) to make capital
expenditures for certain construction and renovation 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 2004 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 2004 Capital Projects General
Obligation Bond Act. The failure of a
question to be approved by the electorate at the 2004 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 2004 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 2004 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. ART IN PUBLIC PLACES.--Pursuant to
Section 13-4A-4 NMSA 1978 and where applicable, the appropriations authorized
in the 2004 Capital Projects General Obligation Bond Act include money for the
art in public places fund.
Section
13. CERTIFICATION AND REVERSION.--
A. The agencies named in the 2004 Capital
Projects General Bond Obligation Act shall certify to the state board of
finance when the money from the proceeds of the general obligation bonds
authorized in that act 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 2005, 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 applicable
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 provided in the 2004 Capital
Projects General Bond Obligation Act, any money remaining in the project
account established for that project by the state board of finance from the
proceeds of general obligation bonds issued for that project shall revert to
the debt service fund established by the state treasurer for the purpose of
paying the principal and interest on the state's general obligation bonds as
follows:
(1) for projects for which general obligation
bonds were issued to match federal grants, six months after completion of the
project;
(2) 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, as of the first day after 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, but in any event, regardless of whether
there are unpaid costs and expenses covered by binding written obligations to
third parties, as of the first day after the end of the second fiscal year
following the fiscal year in which the general obligation bonds were issued;
(3) for projects for which general obligation
bonds were issued to purchase emergency vehicles or other vehicles that require
special equipment, as of the first day after the end of the second 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;
(4) for all other projects for which general
obligation bonds were issued, as of the first day after the end of the third
fiscal year following the fiscal year in which the general obligation bonds
were issued for the project, after reserving for unpaid costs and expenses
covered by binding written obligations to the third parties, but in any event,
regardless of whether there are unpaid costs and expenses covered by binding
written obligations to third parties, as of the first day after the end of the
fourth fiscal year following the fiscal year in which the general obligation
bonds were issued; and
(5) if completion of the project occurs earlier
than the reversion dates specified in Paragraphs (2), (3) and (4) of this
subsection, within six months after completion of the project.
D. Except for appropriations to the capital
program fund, money from general obligation bond proceeds provided pursuant to
the 2004 Capital Projects General Obligation Bond Act shall not be used to pay
indirect project costs.
E. The state board of finance may in its
discretion delay the reversion dates provided pursuant to this section for a
period of not more than one additional year for any project upon a proper
showing by the agency that:
(1) the agency has acted diligently to spend the
bond proceeds before the reversion date; and
(2) all money remaining in the project account
for that project is covered by binding written obligations to third parties.
F. Each agency shall cause to be included in any
contract with third parties relating to the expenditure of proceeds of the
general obligation bonds authorized by the 2004 Capital Projects General
Obligation Bond Act the reversion provisions contained in this section.
Section
14. PROJECT
SCOPE--EXPENDITURES--REVERSION.--
A. If an appropriation for a project authorized
in the 2004 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 2004 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 money remaining in project accounts in
accordance with Section 13 of the 2004 Capital Projects General Obligation Bond
Act.
Section
15. Laws 2002, Chapter 93, Section 14 is
amended to read:
"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 balance from the proceeds of general
obligation bonds issued for projects in accordance with Section 12 of the 2002
Capital Projects General Obligation Bond Act."
Section
16. SEVERABILITY.--If any part or
application of the 2004 Capital Projects General Obligation Bond Act is held
invalid, the remainder or its application to other situations or persons shall
not be affected.
Section
17. EMERGENCY.--It is necessary for the
public peace, health and safety that this act take effect immediately.
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