SENATE BILL 352
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Carlos R. Cisneros
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. GRANTS WATER WELL IMPROVE--CHANGE TO WATER WELL CONSTRUCT--SEVERANCE TAX BONDS.--The unexpended balance of
the appropriation to the department of environment in Subsection 8 of Section 13 of Chapter 111 of Laws 2006 for water well improvement in Grants in Cibola county shall not be expended for the original purpose but is changed to plan, design, construct and equip a water well in Grants.
Section 4. RAMAH NAVAJO SCHOOL GREENHOUSE RENOVATE--CHANGE AGENCY--CLARIFYING PROJECT--GENERAL FUND.--The unexpended balance of the appropriation to the Indian affairs department for the project in Subsection 5 of Section 24 of Chapter 2 of Laws 2007 for the greenhouses at the Ramah Navajo school in Cibola county shall not be expended for the original purpose but is appropriated to the local government division to renovate the greenhouse at the Pine Hill school farm in Cibola county.
Section 5. CURRY COUNTY ROADS 4 AND K STREETLIGHTS--CHANGE TO CURRY COUNTY ROADS IMPROVE--GENERAL FUND.--The unexpended balance of the appropriation to the department of transportation in Subsection 21 of Section 30 of Chapter 2 of Laws 2007 for streetlights and road improvements at the intersection of county roads 4 and K in Curry county shall not be expended for the original purpose but is changed to plan, design and construct road improvements in that county.
Section 6. LORDSBURG MUSEUM AND PARK--CHANGE TO CITY HALL BUILDING--SEVERANCE TAX BONDS.--The unexpended balance of the local government division project originally authorized in Laws 2005, Chapter 347, Section 11 and reauthorized in Laws 2007, Chapter 341, Section 145 for improvements to the museum and a park in Lordsburg in Hidalgo county shall not be expended for the original or reauthorized purpose but is changed to plan, design and construct a city hall building in Lordsburg.
Section 7. BAAHAALI CHAPTER MOTOR GRADER PURCHASE--EXTEND TIME--GENERAL FUND.--The time of expenditure for the Indian affairs department project in Subsection 45 of Section 50 of Chapter 111 of Laws 2006 to purchase a motor grader for the Baahaali chapter of the Navajo Nation in McKinley county is extended through fiscal year 2010.
Section 8. CHICHILTAH CHAPTER WASTEWATER TREATMENT SYSTEM--CHANGE TO POWER LINE EXTENSIONS--GENERAL FUND.--The unexpended balance of the appropriation to the Indian affairs department in Subsection 53 of Section 50 of Chapter 111 of Laws 2006 for improvements to the wastewater treatment system in the Chichiltah chapter of the Navajo Nation in McKinley county shall not be expended for the original purpose but is changed to plan, design and construct a power line extension in that chapter.
Section 9. CHICHILTAH CHAPTER PARKING LOT PAVE--CHANGE TO ROAD EQUIPMENT--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the Indian affairs department in Subsection 70 of Section 21 of Chapter 429 of Laws 2003 for paving the parking lot at the Chichiltah chapter house of the Navajo Nation in McKinley county shall not be expended for the original purpose but is changed to purchase road equipment for that chapter. The time of expenditure is extended through fiscal year 2010.
Section 10. CHICHILTAH SENIOR CENTER BUILDING PURCHASE--CHANGE TO BUILDING CONSTRUCT--GENERAL FUND.--The unexpended balance of the appropriation to the aging and long-term services department in Subsection 23 of Section 36 of Chapter 42 of Laws 2007 for a modular building for the senior center at the Chichiltah chapter of the Navajo Nation in McKinley county shall not be expended for the original purpose but is changed to plan, design, construct and equip a building for the senior center in that chapter.
Section 11. RED ROCK CHAPTER MOTOR GRADER--EXTEND TIME--GENERAL FUND.--The time of expenditure for the Indian affairs department project in Subsection 48 of Section 50 of Chapter 111 of Laws 2006 to purchase a motor grader for the Red Rock chapter of the Navajo Nation in McKinley county is extended through fiscal year 2010.
Section 12. QUAY COUNTY AGRICULTURE EDUCATIONAL CENTER--EXPAND PURPOSE TO INCLUDE PURCHASING, RENOVATING AND PAYING LOAN--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 138 of Section 16 of Chapter 347 of Laws 2005 for offices at the Quay agriculture educational center in Quay county may include purchasing, renovating and paying an existing loan to the New Mexico finance authority for this project.
Section 13. LAS CLINICAS DEL NORTE INFO TECH--EXTEND TIME--GENERAL FUND.--The time of expenditure for the local government division project in Subsection 484 of Section 52 of Chapter 111 of Laws 2006 for information technology for Las Clinicas del Norte in Rio Arriba county is extended through fiscal year 2010.
Section 14. AFFORDABLE HOUSING ACT PROJECTS STATEWIDE--EXPAND PURPOSE--GENERAL FUND.--The unexpended balance of the appropriation in Subsection 2 of Section 61 of Chapter 42 of Laws 2007 for infrastructure projects statewide pursuant to the Affordable Housing Act may include land, building and financing pursuant to the Affordable Housing Act.
Section 15. DNA IDENTIFICATION SYSTEM FUND PROJECTS INFORMATION TECHNOLOGY--EXPAND PURPOSE--GENERAL FUND.--The DNA identification system fund project in Laws 2007, Chapter 2, Section 14 to purchase and install information technology and wiring, including related equipment and furniture, in jails and detention centers statewide may include other locations statewide pursuant to Subsection E of Section 29-16-13 NMSA 1978.
Section 16. AMALIA COMMUNITY CENTER IMPROVE--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 422 of Section 22 of Chapter 429 of Laws 2003 for improvements to the Amalia community center in Taos county is extended through fiscal year 2010.
Section 17. PUEBLO OF PICURIS MULTIPURPOSE BUILDING--EXPAND PURPOSE TO INCLUDE PAYMENT OF LOAN--GENERAL FUND.--One hundred thirty thousand dollars ($130,000) of the unexpended balance of the appropriation to the Indian affairs department in Subsection 150 of Section 66 of Chapter 42 of Laws 2007 to repair and renovate the multipurpose building at the Pueblo of Picuris in Taos county is appropriated to the state board of finance to repay an emergency loan for that purpose.
Section 18. TRUCHAS HEALTH CENTER ROOF--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 423 of Section 22 of Chapter 429 of Laws 2003 for a roof for the health centers of northern New Mexico clinic in Truchas in Rio Arriba county is extended through fiscal year 2010.
Section 19. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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