HOUSE BILL 196
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Roberto "Bobby" J. Gonzales
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 CAPITAL IMPROVEMENTS AND ACQUISITIONS AT INSTITUTIONS OF HIGHER EDUCATION AND STATE SPECIAL SCHOOLS, FOR LIBRARY ACQUISITIONS AND FOR PUBLIC SCHOOL PRE-KINDERGARTEN CLASSROOMS, SCHOOL BUSES AND LIBRARY BOOKS; 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 2008 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 "2008 Capital Projects General Obligation Bond Act".
Section 2. PURPOSE.--For the purpose of providing funds for capital expenditures as authorized in the 2008 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 2008 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 2008 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 2008 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 2008 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 2008 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 2008 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 2008 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 2008 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 2008 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 2008 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, equipment and construction, to the aging and long-term services department:
(1) one hundred thirty-seven thousand six hundred dollars ($137,600) to purchase and install equipment for senior centers citywide in Albuquerque in Bernalillo county;
(2) forty-three thousand seven hundred dollars ($43,700) to purchase and install meals equipment for senior centers citywide in Albuquerque in Bernalillo county;
(3) one million six hundred fifty thousand dollars ($1,650,000) to plan, design, construct, equip and furnish the Barelas senior center in Bernalillo county;
(4) fifty-eight thousand dollars ($58,000) to purchase and install equipment for senior centers countywide in Bernalillo county;
(5) five hundred thousand dollars ($500,000) to plan, design, construct, equip and furnish the Highland senior center in Bernalillo county;
(6) fifty-one thousand dollars ($51,000) to make improvements, including purchase and installation of equipment, to the To'hajiilee chapter senior center on the Navajo Nation in Bernalillo county;
(7) twenty thousand dollars ($20,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the To'hajiilee chapter senior center on the Navajo Nation in Bernalillo county;
(8) two thousand one hundred sixty-five dollars ($2,165) to purchase and install meals equipment for the Catron senior center in Catron county;
(9) twenty thousand five hundred fifteen dollars ($20,515) to purchase and install equipment for the Chaves Joy senior centers in Chaves county;
(10) one hundred five thousand dollars ($105,000) to purchase and install equipment for the senior olympics program in Chaves county;
(11) four hundred ninety-eight thousand nine hundred seventy-five dollars ($498,975) to plan, design, construct, equip and furnish the Hagerman senior center in Chaves county;
(12) ten thousand six hundred dollars ($10,600) to purchase and install equipment for the Pueblo of Acoma senior center in Cibola county;
(13) sixty thousand dollars ($60,000) to make improvements, including purchase and installation of equipment, to the Pueblo of Acoma senior center in Cibola county;
(14) six thousand dollars ($6,000) to purchase and install equipment for the Grants senior center in Cibola county;
(15) five hundred thousand dollars ($500,000) to plan, design, construct, equip and furnish the Pueblo of Laguna senior center in Cibola county;
(16) thirty thousand dollars ($30,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Pueblo of Laguna senior and adult daycare center in Cibola county;
(17) thirty-five thousand eight hundred forty dollars ($35,840) to make improvements, including purchase and installation of equipment, to the Cimarron senior center in Colfax county;
(18) thirteen thousand five hundred dollars ($13,500) to purchase and install equipment for senior centers countywide in Colfax county;
(19) thirty-nine thousand nine hundred dollars ($39,900) to purchase and install meals equipment for senior centers countywide in Colfax county;
(20) forty-two thousand five hundred dollars ($42,500) to make improvements, including purchase and installation of equipment, to the Eagle Nest senior center in Colfax county;
(21) forty thousand dollars ($40,000) to make improvements, including purchase and installation of equipment, to the Raton senior center in Colfax county;
(22) two thousand five hundred dollars ($2,500) to make improvements for building-code compliance, including purchase and installation of equipment, to the Raton senior center in Colfax county;
(23) one hundred thousand dollars ($100,000) to make improvements, including purchase and installation of equipment, to the Springer senior center in Colfax county;
(24) fifteen thousand dollars ($15,000) to make improvements, including purchase and installation of equipment, to the Clovis Baxter-Curren senior center in Curry county;
(25) twelve thousand five hundred sixteen dollars ($12,516) to purchase and install equipment for the Clovis senior center in Curry county;
(26) eleven thousand two hundred dollars ($11,200) to make improvements, including purchase and installation of equipment, to the Alice Converse senior center in Curry county;
(27) seven thousand dollars ($7,000) to purchase and install meals equipment for the Grady senior center in Curry county;
(28) eighteen thousand dollars ($18,000) to purchase and install equipment for the East Mesa senior center in Dona Ana county;
(29) five thousand dollars ($5,000) to purchase and install equipment for the East Side senior center in Dona Ana county;
(30) eighteen thousand dollars ($18,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the East Side senior center in Dona Ana county;
(31) six thousand dollars ($6,000) to purchase and install equipment for senior centers citywide in Las Cruces in Dona Ana county;
(32) forty thousand seven hundred dollars ($40,700) to purchase and install meals equipment for senior centers citywide in Las Cruces in Dona Ana county;
(33) ninety-seven thousand four hundred forty dollars ($97,440) to make improvements, including purchase and installation of equipment, to the Artesia senior center in Eddy county;
(34) three thousand nine hundred thirty-seven dollars ($3,937) to purchase and install meals equipment for the Carlsbad senior center in Eddy county;
(35) seven thousand five hundred dollars ($7,500) to make improvements, including purchase and installation of equipment, to the Mimbres Valley senior center in Grant county;
(36) three thousand five hundred twenty-eight dollars ($3,528) to purchase and install equipment for senior centers countywide in Grant county;
(37) thirty-seven thousand four hundred nineteen dollars ($37,419) to purchase and install meals equipment for senior centers countywide in Grant county;
(38) eighty-four thousand three hundred seventeen dollars ($84,317) to make improvements, including purchase and installation of equipment, to La Loma senior center in Guadalupe county;
(39) eighty-two thousand dollars ($82,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Santa Rosa senior center in Guadalupe county;
(40) seven hundred fifty thousand dollars ($750,000) to plan, design, construct, equip and furnish the Lordsburg senior center in Hidalgo county;
(41) three thousand nine hundred thirty-six dollars ($3,936) to purchase and install meals equipment for the Lordsburg senior center in Hidalgo county;
(42) two hundred thousand dollars ($200,000) to plan, design, construct, equip and furnish the Hobbs senior center in Lea county;
(43) twenty-two thousand six hundred dollars ($22,600) to purchase and install meals equipment for the Jal senior center in Lea county;
(44) one hundred seventy-five thousand dollars ($175,000) to plan, design, construct, equip and furnish the Hondo Valley senior center in Lincoln county;
(45) seven thousand five hundred dollars ($7,500) to make improvements for building-code compliance, including purchase and installation of equipment, to the Hondo Valley senior center in Lincoln county;
(46) forty thousand dollars ($40,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Ruidoso senior center in Lincoln county;
(47) five thousand dollars ($5,000) to make improvements, including purchase and installation of equipment, to the Baahaali chapter senior center on the Navajo Nation in McKinley county;
(48) eight thousand dollars ($8,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Baahaali chapter senior center on the Navajo Nation in McKinley county;
(49) fifty-nine thousand dollars ($59,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Baca chapter senior center on the Navajo Nation in McKinley county;
(50) five hundred thirty thousand dollars ($530,000) to plan, design, construct, equip and furnish the Chichiltah chapter senior center on the Navajo Nation in McKinley county;
(51) eleven thousand one hundred thirty dollars ($11,130) to make improvements, including purchase and installation of equipment, to the Chichiltah chapter senior center on the Navajo Nation in McKinley county;
(52) four thousand dollars ($4,000) to purchase and install equipment for the Gallup senior center in McKinley county;
(53) twenty thousand dollars ($20,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Nahodishgish chapter senior center on the Navajo Nation in McKinley county;
(54) forty-five thousand dollars ($45,000) to make improvements, including purchase and installation of equipment, to the Pinedale chapter senior center on the Navajo Nation in McKinley county;
(55) twenty-one thousand dollars ($21,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Pinedale chapter senior center on the Navajo Nation in McKinley county;
(56) one hundred thousand dollars ($100,000) to purchase and install equipment for the Pueblo Pintado chapter senior center on the Navajo Nation in McKinley county;
(57) twenty-five thousand dollars ($25,000) to make improvements, including purchase and installation of equipment, to the Ramah senior center in McKinley county;
(58) fifteen thousand dollars ($15,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Smith Lake chapter senior center on the Navajo Nation in McKinley county;
(59) eight hundred thirty thousand dollars ($830,000) to plan, design, construct, equip and furnish the Standing Rock chapter senior center on the Navajo Nation in McKinley county;
(60) seventy-five thousand dollars ($75,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Thoreau senior center in McKinley county;
(61) twenty thousand dollars ($20,000) to make improvements, including purchase and installation of equipment, to the Thoreau chapter senior center on the Navajo Nation in McKinley county;
(62) thirty thousand dollars ($30,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Thoreau chapter senior center on the Navajo Nation in McKinley county;
(63) five thousand dollars ($5,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Tohatchi chapter senior center on the Navajo Nation in McKinley county;
(64) one hundred thousand dollars ($100,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Twin Lakes chapter senior center on the Navajo Nation in McKinley county;
(65) ninety thousand dollars ($90,000) to make improvements, including purchase and installation of equipment, to the Pueblo of Zuni senior center in McKinley county;
(66) fifteen thousand three hundred dollars ($15,300) to purchase and install meals equipment for the Mora and Wagon Mound senior centers in Mora county;
(67) six hundred fifty thousand dollars ($650,000) to plan, design, construct, equip and furnish the Mora-Wagon Mound senior center in Mora county;
(68) ten thousand dollars ($10,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Pueblo of Isleta senior center in Bernalillo county;
(69) forty-five thousand dollars ($45,000) to make improvements for building-code compliance, including purchase and installation of equipment, to senior centers nationwide on the Navajo Nation in McKinley, San Juan, Cibola, Bernalillo and Sandoval counties;
(70) one hundred twenty thousand dollars ($120,000) to purchase and install equipment for senior centers nationwide on the Navajo Nation in McKinley, San Juan, Cibola, Bernalillo and Sandoval counties;
(71) two hundred twenty-five thousand dollars ($225,000) to purchase and install meals equipment for the Navajo Nation senior centers nationwide in McKinley, San Juan, Cibola, Bernalillo and Sandoval counties;
(72) twenty-five thousand five hundred forty dollars ($25,540) to purchase and install equipment for the Alamogordo senior center in Otero county;
(73) ten thousand six hundred thirty-two dollars ($10,632) to purchase and install meals equipment for the Alamogordo senior center in Otero county;
(74) five thousand dollars ($5,000) to purchase and install equipment for the Mescalero Apache Tribe senior center in Otero county;
(75) thirteen thousand three hundred ten dollars ($13,310) to purchase and install meals equipment for the Sacramento senior center in Otero county;
(76) eight hundred thousand dollars ($800,000) to plan, design, construct, equip and furnish the Tularosa senior center in Otero county;
(77) six thousand dollars ($6,000) to purchase and install equipment for the Tularosa senior center in Otero county;
(78) ninety-six thousand dollars ($96,000) to make improvements, including purchase and installation of equipment, to the Tularosa senior center in Otero county;
(79) thirty-nine thousand nine hundred dollars ($39,900) to purchase and install meals equipment for the Tularosa senior center in Otero county;
(80) five thousand eight hundred twenty-five dollars ($5,825) to purchase and install equipment for the Logan senior center in Quay county;
(81) twelve thousand one hundred ninety dollars ($12,190) to purchase and install meals equipment for the Logan senior center in Quay county;
(82) twenty-five thousand dollars ($25,000) to make improvements, including purchase and installation of equipment, to the San Jose senior center in Quay county;
(83) one hundred ninety thousand dollars ($190,000) to make improvements, including purchase and installation of equipment, to the Alcalde community senior meal site center in Rio Arriba county;
(84) two hundred thousand dollars ($200,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Coyote senior center in Rio Arriba county;
(85) fifty thousand dollars ($50,000) to make improvements, including purchase and installation of equipment, to the Espanola senior center in Rio Arriba county;
(86) forty-five thousand five hundred dollars ($45,500) to make improvements for building-code compliance, including purchase and installation of equipment, to the Espanola senior center in Rio Arriba county;
(87) nine thousand eight hundred dollars ($9,800) to purchase and install equipment for senior centers countywide in Rio Arriba county;
(88) seven thousand six hundred eighty dollars ($7,680) to purchase and install meals equipment for senior centers countywide in Rio Arriba county;
(89) twenty-five thousand dollars ($25,000) to make improvements, including purchase and installation of equipment, to the Pueblo of Santa Clara senior center in Rio Arriba county;
(90) fifty thousand dollars ($50,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Pueblo of Santa Clara senior and adult daycare center in Rio Arriba county;
(91) thirty-six thousand two hundred dollars ($36,200) to purchase and install meals equipment for the Pueblo of Santa Clara senior and adult daycare center in Rio Arriba county;
(92) fifteen thousand eight hundred thirty dollars ($15,830) to purchase and install equipment for the Portales senior center in Roosevelt county;
(93) twelve thousand four hundred three dollars ($12,403) to purchase and install meals equipment for the Portales senior center in Roosevelt county;
(94) four thousand five hundred three dollars ($4,503) to make improvements, including purchase and installation of equipment, to the Blanco senior center in San Juan county;
(95) six thousand six hundred twenty-two dollars ($6,622) to make improvements for building-code compliance, including purchase and installation of equipment, to the Bloomfield senior center in San Juan county;
(96) twenty thousand dollars ($20,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Crystal chapter senior center on the Navajo Nation in San Juan county;
(97) four thousand dollars ($4,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Huerfano chapter senior center on the Navajo Nation in San Juan county;
(98) twelve thousand dollars ($12,000) to make improvements, including purchase and installation of equipment, to the Lake Valley chapter senior center on the Navajo Nation in San Juan county;
(99) four thousand five hundred dollars ($4,500) to make improvements for building-code compliance, including purchase and installation of equipment, to the Nageezi chapter senior center on the Navajo Nation in San Juan county;
(100) three hundred thousand dollars ($300,000) to plan, design, construct, equip and furnish the Newcomb chapter senior center on the Navajo Nation in San Juan county;
(101) one thousand five hundred dollars ($1,500) to purchase and install meals equipment for the Lower Valley senior center in San Juan county;
(102) twenty-one thousand dollars ($21,000) to purchase and install meals equipment for senior centers countywide in San Juan county;
(103) two thousand two hundred thirty dollars ($2,230) to make improvements, including purchase and installation of equipment, to the Shiprock chapter senior center in San Juan county;
(104) seventy-one thousand five hundred dollars ($71,500) to make improvements for building-code compliance, including purchase and installation of equipment, to the Las Vegas senior center in San Miguel county;
(105) nine thousand six hundred dollars ($9,600) to purchase and install meals equipment for the Las Vegas senior center in San Miguel county;
(106) three hundred thousand dollars ($300,000) to plan, design, construct, equip and furnish the Pueblo of Cochiti senior center in Sandoval county;
(107) twenty-four thousand five hundred dollars ($24,500) to make improvements, including purchase and installation of equipment, to the Pueblo of Jemez senior center in Sandoval county;
(108) fifteen thousand dollars ($15,000) to purchase and install meals equipment for the Pueblo of Jemez senior center in Sandoval county;
(109) fourteen thousand dollars ($14,000) to make improvements, including purchase and installation of equipment, to the Pena Blanca senior center in Sandoval county;
(110) three hundred thousand dollars ($300,000) to plan, design, construct, equip and furnish the Rio Rancho senior center in Sandoval county;
(111) two thousand five hundred dollars ($2,500) to purchase and install equipment for the Rio Rancho senior center in Sandoval county;
(112) nine thousand three hundred dollars ($9,300) to purchase and install meals equipment for the Rio Rancho senior center in Sandoval county;
(113) six thousand five hundred dollars ($6,500) to purchase and install equipment for the Pueblo of San Felipe senior center in Sandoval county;
(114) fourteen thousand dollars ($14,000) to purchase and install meals equipment for the Jemez senior center in Sandoval county;
(115) twelve thousand five hundred dollars ($12,500) to purchase and install equipment for senior centers countywide in Sandoval county;
(116) thirty-eight thousand dollars ($38,000) to purchase and install equipment for the Pueblo of Zia and Pueblo of Santa Ana senior centers in Sandoval county;
(117) thirty thousand dollars ($30,000) to purchase and install meals equipment for the Pueblo of Zia and Pueblo of Santa Ana senior centers in Sandoval county;
(118) eighteen thousand dollars ($18,000) to purchase and install equipment for the Pueblo of Santo Domingo senior center in Sandoval county;
(119) sixteen thousand three hundred dollars ($16,300) to make improvements for building-code compliance, including purchase and installation of equipment, to the Pueblo of Santo Domingo senior center in Sandoval county;
(120) six hundred thousand dollars ($600,000) to plan, design, construct, equip and furnish the Torreon chapter senior center on the Navajo Nation in Sandoval county;
(121) twenty-five thousand dollars ($25,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Chimayo senior center in Santa Fe county;
(122) seventy-five thousand dollars ($75,000) to make improvements, including purchase and installation of equipment, to the Pueblo of Pojoaque senior center in Santa Fe county;
(123) twenty-five thousand six hundred dollars ($25,600) to make improvements, including purchase and installation of equipment, to the Pueblo of San Ildefonso senior center in Santa Fe county;
(124) twenty-four thousand three hundred dollars ($24,300) to purchase and install meals equipment for senior centers citywide in Santa Fe in Santa Fe county;
(125) fourteen thousand two hundred seventy dollars ($14,270) to make improvements for building-code compliance, including purchase and installation of equipment, to the Mary Esther and Luisa senior centers in Santa Fe county;
(126) thirty-two thousand three hundred ten dollars ($32,310) to purchase and install meals equipment for the Rufina meal site center in Santa Fe county;
(127) fifty-seven thousand dollars ($57,000) to purchase and install meals equipment for senior centers countywide in Santa Fe county;
(128) thirty-eight thousand dollars ($38,000) to make improvements for building-code compliance, including purchase and installation of equipment, to the Truth or Consequences senior center in Sierra county;
(129) twenty-two thousand nine hundred fifty dollars ($22,950) to purchase and install meals equipment for the Truth or Consequences senior center in Sierra county;
(130) thirty-six thousand dollars ($36,000) to make improvements, including purchase and installation of equipment, to the Magdalena senior center in Socorro county;
(131) thirty-six thousand dollars ($36,000) to make improvements, including purchase and installation of equipment, to the Northern senior center in Socorro county;
(132) one million dollars ($1,000,000) to purchase and install equipment for area agencies on aging statewide;
(133) forty thousand dollars ($40,000) to make improvements, including purchase and installation of equipment, to the Pueblo of Picuris senior center in Taos county;
(134) two thousand thirty-six dollars ($2,036) to make improvements for building-code compliance, including purchase and installation of equipment, to the Taos senior center in Taos county;
(135) eleven thousand six hundred forty-eight dollars ($11,648) to purchase and install equipment for senior centers countywide in Taos county;
(136) sixteen thousand six hundred seventy-four dollars ($16,674) to purchase and install meals equipment for senior centers countywide in Taos county;
(137) nine hundred fifty thousand dollars ($950,000) to plan, design, construct, equip and furnish the Pueblo of Taos senior center in Taos county;
(138) three thousand five hundred dollars ($3,500) to purchase and install equipment for the Pueblo of Taos senior center in Taos county;
(139) four thousand five hundred dollars ($4,500) to purchase and install meals equipment for the Pueblo of Taos senior center in Taos county;
(140) twenty-five thousand dollars ($25,000) to make improvements, including purchase and installation of equipment, to the Moriarty senior center in Torrance county;
(141) three thousand five hundred dollars ($3,500) to make improvements for building-code compliance, including purchase and installation of equipment, to the Moriarty senior center in Torrance county;
(142) thirty-five thousand dollars ($35,000) to make improvements, including purchase and installation of equipment, to the Mountainair senior center in Torrance county;
(143) eighteen thousand dollars ($18,000) to purchase and install equipment for senior centers in Mountainair, Estancia and Moriarty in Torrance county;
(144) eleven thousand three hundred dollars ($11,300) to purchase and install equipment for the Clayton senior center in Union county;
(145) twelve thousand dollars ($12,000) to make improvements, including purchase and installation of equipment, to the Clayton senior center in Union county;
(146) five thousand nine hundred fifty dollars ($5,950) to purchase and install meals equipment for the Clayton senior center in Union county;
(147) four hundred ninety-eight thousand eight hundred dollars ($498,800) to plan, design, construct, equip and furnish the Del Rio senior center in Valencia county; and
(148) twenty-nine thousand two hundred dollars ($29,200) to purchase and install equipment for the Del Rio and Meadow Lake senior centers in Valencia county;
B. for library acquisitions at state libraries, public school libraries and academic libraries statewide:
(1) to the cultural affairs department, ten million dollars ($10,000,000) to acquire library books, equipment and library resources for state libraries statewide;
(2) to the public education department, ten million dollars ($10,000,000) to acquire library books, equipment and library resources for public school libraries statewide; and
(3) to the higher education department, ten million dollars ($10,000,000) to acquire library books, equipment and library resources for academic libraries statewide;
C. for public school capital improvements statewide:
(1) to the public education department:
(a) two million dollars ($2,000,000) to purchase library books for public and charter schools statewide; and
(b) four million dollars ($4,000,000) to purchase school buses statewide; and
(2) to the public school capital outlay council, three million dollars ($3,000,000) to construct pre-kindergarten classrooms statewide;
D. for capital improvements at institutions of higher education and constitutional special schools statewide:
(1) to the higher education department:
(a) eleven million dollars ($11,000,000) to design and construct phase 3 of the westside campus of central New Mexico community college in Bernalillo county;
(b) four million dollars ($4,000,000) to plan, design, construct, equip and furnish the allied health building at Clovis community college in Clovis in Curry county;
(c) five million dollars ($5,000,000) to plan, design, construct, equip and furnish upgrades at the central plant at the New Mexico junior college in Hobbs in Lea county;
(d) seven million dollars ($7,000,000) to plan, design, construct, equip and furnish the North American wind research and training center at Mesalands community college in Tucumcari in Quay county;
(e) five million dollars ($5,000,000) to plan, design, construct, equip and furnish the health sciences center at San Juan college in Farmington in San Juan county;
(f) one million dollars ($1,000,000) to plan, design, construct, equip and furnish infrastructure upgrades at San Juan college in Farmington in San Juan county;
(g) four million five hundred thousand dollars ($4,500,000) to plan, design, construct, equip and furnish the multipurpose education center at Luna community college in Las Vegas in San Miguel county; and
(h) four million two hundred thousand dollars ($4,200,000) to plan, design, construct, equip and furnish the trades and advanced technology center at Santa Fe community college in Santa Fe county;
(2) to the board of regents of eastern New Mexico university:
(a) four million dollars ($4,000,000) to plan, design, construct, equip and furnish the educational center at the Roswell branch campus in Chaves county;
(b) three million dollars ($3,000,000) to plan, design, construct, equip and furnish an electrical system upgrade in Portales in Roosevelt county; and
(c) nine million seven hundred thousand dollars ($9,700,000) to plan, design, construct, equip and furnish the technology building renovation in Portales in Roosevelt county;
(3) to the board of regents of New Mexico highlands university:
(a) eight million dollars ($8,000,000) to plan, design, construct, equip and furnish infrastructure at New Mexico highlands university in Las Vegas in San Miguel county; and
(b) one million five hundred thousand dollars ($1,500,000) to complete renovations to the Lora Mangum Shields science building and annex at New Mexico highlands university in Las Vegas in San Miguel county;
(4) to the board of regents of New Mexico military institute, five million dollars ($5,000,000) for renovations, including improvements related to code compliance, at Pearson auditorium in Roswell in Chaves county;
(5) to the board of regents of New Mexico institute of mining and technology, nine million five hundred thousand dollars ($9,500,000) to plan, design, construct, equip and furnish the infrastructure renovation and expansion in Socorro in Socorro county;
(6) to the board of regents of New Mexico school for the deaf, three million dollars ($3,000,000) to plan, design, construct, equip and furnish Dillon hall in Santa Fe in Santa Fe county;
(7) to the board of regents of New Mexico state university:
(a) twenty-six million dollars ($26,000,000) to plan, design, construct, equip and furnish the arts complex and to demolish the Hershel Zohn theater in Las Cruces in Dona Ana county;
(b) seven million five hundred thousand dollars ($7,500,000) to design, plan, construct, equip and furnish the Dona Ana east mesa center to be used primarily for classroom and laboratory space at the Dona Ana branch in Las Cruces in Dona Ana county;
(c) three million dollars ($3,000,000) to plan, design and construct an allied health and university transfer center at the Carlsbad branch campus in Eddy county;
(d) two million dollars ($2,000,000) to plan, design, construct, equip and furnish the southwest center for rangeland sustainability in Corona in Lincoln county; and
(e) one million five hundred thousand dollars ($1,500,000) to plan, design, construct, equip and furnish renovations of the general classroom buildings at the Alamogordo branch campus in Otero county;
(8) to the board of regents of northern New Mexico state school, five million five hundred thousand dollars ($5,500,000) to plan, design, construct, equip and furnish the Ben Lujan learning resource center addition at the Espanola campus in Rio Arriba county;
(9) to the board of regents of the university of New Mexico:
(a) seven million six hundred thousand dollars ($7,600,000) to plan, design, construct, equip and furnish the renovation and expansion of the existing biology building in Albuquerque in Bernalillo county;
(b) eight million five hundred thousand dollars ($8,500,000) to plan, design, construct, equip and furnish the college of education renewal in Albuquerque in Bernalillo county;
(c) four million dollars ($4,000,000) to plan, design, construct, equip and furnish the film and digital media building at Mesa del Sol in Albuquerque in Bernalillo county;
(d) eighteen million seven hundred thousand dollars ($18,700,000) to plan, design, construct, equip and furnish the cancer research and treatment center at the health sciences center in Albuquerque in Bernalillo county;
(e) four million five hundred thousand dollars ($4,500,000) to plan, design, construct, equip and furnish the health sciences center neurosciences research building in Albuquerque in Bernalillo county;
(f) two million dollars ($2,000,000) to plan, design, construct, equip and furnish the learning center in Albuquerque in Bernalillo county; and
(g) three million three hundred thousand dollars ($3,300,000) to plan, design, construct, equip and furnish the classroom completion project at the Taos branch in Taos county; and
(10) to the board of regents of western New Mexico university:
(a) three million dollars ($3,000,000) to plan, design, construct, equip and furnish the Chino computing center renovation in Silver City in Grant county; and
(b) eight million dollars ($8,000,000) to plan, design, construct, equip and furnish infrastructure in Silver City in Grant county.
Section 11. ELECTION.--
A. Bonds issued pursuant to the 2008 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 2008, 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 that 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 2008 general election shall contain substantially the following language:
(1) "The 2008 Capital Projects General Obligation Bond Act authorizes the issuance and sale of senior citizen facility improvement, construction and equipment acquisition bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed fifteen million three hundred seventy-two thousand six hundred sixty dollars ($15,372,660) to make capital expenditures for certain senior citizen facility improvements, construction and equipment acquisition 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 2008 Capital Projects General Obligation Bond Act authorizes the issuance and sale of higher educational and special schools capital improvement and acquisition bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed one hundred ninety-one million ninety thousand five hundred fifty dollars ($191,090,550) to make capital expenditures for certain higher educational and special schools 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 2008 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 thirty-one million one hundred thirty-seven thousand four hundred dollars ($31,137,400) to make capital expenditures for 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 2008 Capital Projects General Obligation Bond Act authorizes the issuance and sale of public school capital improvement bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed nine million ninety-six thousand eight hundred seventy-five dollars ($9,096,875) to make capital expenditures for pre-kindergarten classrooms, school bus replacements and library book acquisitions for public schools statewide 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 2008 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 2008 Capital Projects General Obligation Bond Act. The failure of a question to be approved by the electorate at the 2008 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 2008 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 2008 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 2008 Capital Projects General Obligation Bond Act include money for the art in public places fund.
Section 13. PROJECT SCOPE--EXPENDITURES--REVERSION.--
A. If an appropriation for a project authorized in the 2008 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 2008 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 14. SEVERABILITY.--If any part or application of the 2008 Capital Projects General Obligation Bond Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
Section 15. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
- 38 -