HOUSE BILL 44
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Roberto "Bobby" J. Gonzales
AN ACT
RELATING TO EXPENDITURE OF PUBLIC MONEY; REAUTHORIZING OR REAPPROPRIATING BALANCES, EXPANDING OR CHANGING PURPOSES, EXTENDING EXPENDITURE PERIODS, CHANGING AGENCIES AND ESTABLISHING CONDITIONS FOR THE REVERSION OF UNEXPENDED BALANCES OF CAPITAL OUTLAY PROJECTS APPROVED BY THE LEGISLATURE IN PRIOR YEARS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SEVERANCE TAX BONDS--REVERSION OF UNEXPENDED PROCEEDS.--
A. Except as otherwise provided in another section of this act, the unexpended balance from the proceeds of severance tax bonds issued for a project that has been reauthorized in this act shall revert to the severance tax bonding fund as follows:
(1) for projects for which severance tax bonds were issued to match federal grants, six months after completion of the projects;
(2) for projects for which severance tax bonds were issued to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; 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 two years following the fiscal year in which the severance tax bonds were issued for the purchase; and
(3) for all other projects for which severance tax bonds were issued, within six months of completion of the project, but no later than the end of fiscal year 2012.
B. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.
Section 2. GENERAL FUND AND OTHER FUND APPROPRIATIONS--LIMITATIONS--REVERSIONS.--
A. Except as otherwise provided in another section of this act, the unexpended balance of an appropriation from the general fund or other state fund that has been changed in this act 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, including emergency vehicles and other vehicles that require special equipment; 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 two years following the fiscal year in which the appropriation was made for the purchase; and
(3) 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 2012.
B. Except as otherwise provided in another section of this act, the unexpended balance of an appropriation made from the general fund or other state fund to the Indian affairs department or the aging and long-term services department for projects located on lands of an Indian nation, tribe or pueblo shall revert in a time frame set forth in Subsection A of this section to the tribal infrastructure project fund.
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 3. STATEWIDE ASSET BUILDING AND INCENTIVES FEASIBILITY STUDY--CHANGE TO NAVAJO MIDDLE SCHOOL SIGN--CHANGE AGENCY--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the economic development department in Subsection 2 of Section 10 of Chapter 429 of Laws 2003 for a statewide asset building and incentives feasibility study shall not be expended for the original purpose but is appropriated to the public education department to plan, design and construct a sign for Navajo middle school in the Gallup-McKinley county school district in McKinley county. The time of expenditure is extended through fiscal year 2010.
Section 4. NATIONAL ATOMIC MUSEUM--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 52 of Section 22 of Chapter 429 of Laws 2003 for infrastructure design and installation at the National Atomic museum in Albuquerque in Bernalillo county is extended through fiscal year 2010.
Section 5. LOS ALAMOS MUSEUM ROMERO CABIN--CHANGE TO HISTORIC ROMERO CABIN--GENERAL FUND.--The unexpended balance of the appropriation to the local government division in Subsection 202 of Section 45 of Chapter 347 of Laws 2005 for improvements to the Los Alamos historical museum Romero cabin in Los Alamos county shall not be expended for the original purpose but is changed to plan, design and make improvements to the historic Romero cabin in Los Alamos county.
Section 6. SECOND JUDICIAL DISTRICT COURT MONITORING EQUIPMENT--CHANGE TO AFRICAN AMERICAN PERFORMING ARTS CENTER AND EXHIBIT HALL EQUIP--GENERAL FUND.--The unexpended balance of the local government division appropriation originally authorized in Subsection 31 of Section 45 of Chapter 347 of Laws 2005 and reauthorized in Laws 2006, Chapter 107, Section 12 for monitoring and tracking equipment for the second judicial district court shall not be expended for the original or reauthorized purpose but is appropriated to the state fair commission to purchase and install artwork, exhibits and display equipment at the African American performing arts center and exhibit hall at the state fairgrounds in Albuquerque in Bernalillo county. The time of the expenditure is extended through fiscal year 2010.
Section 7. ALBUQUERQUE-BERNALILLO COUNTY WATER UTILITY AUTHORITY'S SOIL AMENDMENT FACILITY CONSTRUCT--CHANGE TO ALBUQUERQUE SECOND CHANCE PROJECT--GENERAL FUND.--The unexpended balance of the department of transportation appropriation in Subsection 38 of Section 52 of Chapter 347 of Laws 2005 and reauthorized to the local government division in Laws 2006, Chapter 107, Section 5 to improve the Albuquerque-Bernalillo county water utility authority's soil amendment facility in Bernalillo county shall not be expended for the original or reauthorized purpose but is appropriated to the department of finance and administration for the second chance project, a long-term substance abuse rehabilitation project at the westside facility in Albuquerque, in that county.
Section 8. PLACITAS ARROYO FLOOD CONTROL--CHANGE AGENCY--GENERAL FUND.--The unexpended balance of the appropriation to the office of the state engineer in Subsection 1 of Section 20 of Chapter 2 of Laws 2007 for flood control armor in the Placitas arroyo in Dona Ana county is appropriated to the local government division for that county.
Section 9. CLOVIS RECREATIONAL FACILITIES--EXPAND PURPOSE--GENERAL FUND.--The local government division project in Subsection 273 of Section 68 of Chapter 42 of Laws 2007 for recreational facilities in Clovis in Curry county may include demolition of a structure.
Section 10. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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