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AN ACT
RELATING TO CAPITAL OUTLAY; REVERTING CERTAIN CAPITAL OUTLAY
APPROPRIATIONS TO THE TRIBAL INFRASTRUCTURE PROJECT FUND;
AMENDING LAWS 2006, CHAPTER 111, SECTION 76 and Laws 2007,
Chapter 2, Section 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Laws 2006, Chapter 111, Section 76 is
amended to read:
"Section 76. REVERSIONS OF CERTAIN APPROPRIATIONS FOR
INDIAN PROJECTS.--The unexpended balance, as defined in
Subsection D of Section 2 of this act, of an appropriation
made from the general fund to the Indian affairs department
or to the aging and long-term services department for
projects located on lands of an Indian nation, tribe or
pueblo, including projects that have been reauthorized, shall
revert in the time frame set forth in Subsection A of Section
2 of this act to the tribal infrastructure project fund."
Section 2. Laws 2007, Chapter 2, Section 1 is amended
to read:
"Section 1. GENERAL FUND APPROPRIATIONS--LIMITATIONS--
REVERSIONS.--
A. Except as otherwise provided in this section or
another section of this act, the unexpended balance of an
appropriation made in this act from the general fund shall
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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, emergency vehicles or 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 2011.
B. Upon certification by an agency that money from
the general fund is needed for a purpose specified in this
act, the secretary of finance and administration shall
disburse such amount of the appropriation for that project as
is necessary to meet that need.
C. Except for appropriations to the capital
program fund, money from appropriations made in this act
shall not be used to pay indirect project costs.
D. The unexpended balance of an appropriation made
from the general fund or other state fund, including changes
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to prior appropriations, 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,
including projects that have been reauthorized, shall revert
in a time frame set forth in Subsection A of this section to
the tribal infrastructure project fund.
E. 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. A new section of the Tribal Infrastructure
Act is enacted to read:
"TRIBAL CAPITAL OUTLAY REVERSIONS.--
A. The unexpended balances of a capital outlay
appropriation made after January 1, 2007 from the general
fund to the department or to the aging and long-term services
department for projects located on lands of an Indian nation,
tribe or pueblo shall revert to the project fund.
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 4. TEMPORARY PROVISION--RECOMPILATION
INSTRUCTION.--The compiler shall recompile Sections 9-21-17
through 9-21-24 NMSA 1978 (being Laws 2005, Chapter 146,
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Sections 1 through 8, as amended) as a part of Chapter 6,
Article 29 NMSA 1978.