HOUSE BILL 629

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Jim R. Trujillo

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 APPROPRIATIONS MADE 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 PROCEEDS.--

          A. Except as otherwise provided in another section of this act:

                (1) 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:

                     (a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or

                     (b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law that originally authorized the severance tax bonds or the time frame set forth in any law that has previously reauthorized the expenditure of the proceeds, whichever is later; and

                (2) all remaining balances 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 three months after the reversion date for the unexpended balances whether or not any of the remaining balances are subject to a contractual obligation to third parties.

          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--REVERSIONS.--

          A. Except as otherwise provided in another section of this act:

                (1) the unexpended balance of an appropriation from the general fund or other state fund that has been changed in this act shall revert:

                     (a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or

                     (b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law in which the original appropriation was made or the time frame set forth in any law that has previously changed the appropriation, whichever is later; and

                (2) all remaining balances of an appropriation from the general fund or other state fund that has been changed in this act shall revert three months after the reversion date for the unexpended balance whether or not any of the remaining balances are subject to a contractual obligation to third parties.

          B. Except as provided in Subsection D of this section, the balance of an appropriation made from the general fund shall revert pursuant to Subsection A of this section to the capital projects fund.

          C. Except as provided in Subsection D of this section, the balance of an appropriation made from other state funds shall revert pursuant to Subsection A of this section to the originating fund.

          D. The 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 a project located on lands of an Indian nation, tribe or pueblo shall revert pursuant to 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. SANTA FE MUNICIPAL RECREATION COMPLEX RUGBY FIELD CONCESSION BUILDING--CHANGE TO SENATE DISTRICT 17 LIGHTING AND LANDSCAPING IMPROVEMENTS--GENERAL FUND.--The unexpended balance of the appropriation to the local government division in Subsection 665 of Section 68 of Chapter 42 of Laws 2007 for a concession building at the municipal recreation complex rugby fields on Caja del Rio road in Santa Fe in Santa Fe county shall not be expended for the original purpose but is changed to plan, design, purchase and install lighting, art and botanical, horticultural and other landscaping improvements in parks, streets, alleys and medians in senate district 17, including south San Pedro drive and Trumbull avenue, in Albuquerque in Bernalillo county.

     Section 4. MCKINLEY MIDDLE SCHOOL EDUCATIONAL TECHNOLOGY--EXTEND EXPENDITURE PERIOD--GENERAL FUND.--The time of expenditure for the public education department project in Subsection 170 of Section 55 of Chapter 42 of Laws 2007 for educational technology at McKinley middle school in the Albuquerque public school district in Bernalillo county is extended through fiscal year 2011.  

     Section 5. CURRY COUNTY CRIMINAL JUSTICE COMPLEX PURCHASE--CHANGE TO CURRY COUNTY COURTHOUSE CONSTRUCT--GENERAL FUND.--One hundred fifty thousand dollars ($150,000) of the unexpended balance of the appropriation to the local government division in Subsection 241 of Section 52 of Chapter 111 of Laws 2006 for purchasing a building and parking lot for future development of a criminal justice complex in Clovis in Curry county shall not be expended for the original purpose but is changed to plan, design, construct, equip and furnish improvements and renovations to the Curry county courthouse.

     Section 6. CURRY COUNTY CRIMINAL JUSTICE COMPLEX PURCHASE--CHANGE TO CURRY COUNTY CRIMINAL JUSTICE NEEDS ANALYSIS AND ARCHITECTURAL SERVICES--GENERAL FUND.--One hundred fifty thousand dollars ($150,000) of the unexpended balance of the appropriation to the local government division in Subsection 241 of Section 52 of Chapter 111 of Laws 2006 for purchasing a building and parking lot for future development of a criminal justice complex in Clovis in Curry county shall not be expended for the original purpose but is changed for a needs analysis and architectural services for future development of a criminal justice complex in Clovis in Curry county.  

     Section 7. BERINO MUTUAL DOMESTIC WATER CONSUMERS AND MUTUAL SEWAGE WORKS ASSOCIATION--CHANGE TO WATER RIGHTS LEASE AND TANK SITE ACQUISITION--GENERAL FUND.--The unexpended balance of the appropriation to the department of environment in Subsection 21 of Section 48 of Chapter 92 of Laws 2008 to purchase land and equip a water well and pump house for the Berino mutual domestic water consumers and mutual sewage works association in Dona Ana county shall not be expended for the original purpose but is changed to plan, design and construct water system improvements, including water rights lease, transfer and tank site acquisition, for the Berino mutual domestic water consumers and mutual sewage works association in Dona Ana county.  

     Section 8. SAN MIGUEL LA CLINICA DE FAMILIA FACILITY PARKING LOT--CHANGE TO ELECTRONIC RECORDS SYSTEM--GENERAL FUND.--The unexpended balance of the appropriation to the local government division in Subsection 125 of Section 26 of Chapter 2 of Laws 2007 for a parking lot for la clinica de familia facility in San Miguel in Dona Ana county shall not be expended for the original purpose but is changed to purchase and install an electronic records system, related technology and other dental equipment at la clinica de familia facilities throughout Dona Ana county.

     Section 9. SAN PABLO MUTUAL DOMESTIC WATER CONSUMERS ASSOCIATION BUILDING--EXPAND PURPOSE--GENERAL FUND.--The department of environment project in Subsection 33 of Section 48 of Chapter 92 of Laws 2008 to plan and purchase land for a building for the San Pablo mutual domestic water consumers association in Dona Ana county may include design and construction.

     Section 10. CHAMBERINO MULTIPURPOSE CENTER--CHANGE TO COMMUNITY CENTER AND PARK--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 152 of Section 18 of Chapter 111 of Laws 2006 for a multipurpose center in Chamberino in Dona Ana county shall not be expended for the original purpose but is changed to purchase property for and plan, design, construct, equip and furnish the Chamberino community center and park.

     Section 11. CHAMBERINO COMMUNITY CENTER AND PARK--EXPAND PURPOSE--GENERAL FUND.--The local government division project in Subsection 306 of Section 68 of Chapter 42 of Laws 2007 to plan, design, construct, equip and furnish the Chamberino community center in Dona Ana county may include the Chamberino park as well as purchasing property.

     Section 12. GALLUP FIRE TRAINING TOWER--CHANGE TO FIRE TRAINING TOWER EQUIPMENT--EXTEND EXPENDITURE PERIOD--CAPITAL PROJECTS FUND.--The unexpended balance of the appropriation to the local government division in Subsection 232 of Section 134 of Chapter 126 of Laws 2004 to construct a fire training tower in Gallup in McKinley county shall not be expended for the original purpose but is changed to purchase equipment for the fire training tower in Gallup. The time of expenditure is extended through fiscal year 2011.

     Section 13. RED ROCK CHAPTER COMMUNITY CENTER--CHANGE TO MOTOR GRADER PURCHASE--GENERAL FUND.--The unexpended balance of the appropriation to the Indian affairs department in Subsection 74 of Section 43 of Chapter 347 of Laws 2005 for construction of a community center at the Red Rock chapter of the Navajo Nation in McKinley county shall not be expended for the original purpose but is changed to purchase a motor grader for the Red Rock chapter.

     Section 14. TOHATCHI CHAPTER NAKAI PARK REPAIRS--CHANGE TO SKATEBOARD PARK AND IMPROVEMENTS--GENERAL FUND.--The unexpended balance of the appropriation to the Indian affairs department in Subsection 154 of Section 26 of Chapter 2 of Laws 2007 to repair and renovate Nakai park in the Tohatchi chapter of the Navajo Nation in McKinley county shall not be expended for the original purpose but is changed to plan, design, construct, renovate and equip a skateboard park, volleyball park, picnic area, playground area and trails, including landscaping improvements, in that chapter.

     Section 15. CARINOS CHARTER SCHOOL--EXPAND PURPOSE--GENERAL FUND.--The public education department project in Subsection 396 of Section 44 of Chapter 92 of Laws 2008 to equip the kitchen and playground and to purchase and install portables at Carinos charter school in the Espanola public school district in Rio Arriba county may include planning, designing, constructing, equipping, furnishing and related site improvements at that school.

     Section 16. SHIPROCK DOMESTIC VIOLENCE SHELTER TRANSITIONAL HOUSING--CHANGE TO SHIPROCK CHAPTER DOMESTIC VIOLENCE SHELTER--GENERAL FUND.--The unexpended balance of the appropriation to the Indian affairs department in Subsection 105 of Section 66 of Chapter 42 of Laws 2007 for a twenty-unit transitional housing facility for a domestic violence shelter in Shiprock in San Juan county shall not be expended for the original purpose but is changed to construct the domestic violence shelter in the Shiprock chapter of the Navajo Nation in that county.

     Section 17. JUNIOR WRESTLING PROGRAM EQUIPMENT AT SANTA FE HIGH SCHOOL--CHANGE TO STORAGE FACILITY--EXTEND TIME--GENERAL FUND.--The unexpended balance of the appropriation to the public education department in Subsection 369 of Section 39 of Chapter 111 of Laws 2006 for equipment for the junior wrestling program at Santa Fe high school in the Santa Fe public school district shall not be expended for the original purpose but is changed to plan, design and construct a storage facility for that program at that school. The time of expenditure is extended through fiscal year 2011.

     Section 18. CEBOLLA MUTUAL DOMESTIC WATER CONSUMERS AND SEWAGE WORKS ASSOCIATION--RINCON BLANCO COMMUNITY CENTER--CHANGE TO NON-POTABLE WATER SYSTEM, SANITARY FACILITIES AND WASTEWATER SYSTEM--GENERAL FUND.--The unexpended balance of the appropriation to the department of environment in Subsection 81 of Section 48 of Chapter 92 of Laws 2008 to install a water system at the Rincon Blanco community center for the Cebolla mutual domestic water consumers and sewage works association in Rio Arriba county shall not be expended for the original purpose but is changed to plan, design and construct a non-potable water system, sanitary facilities and wastewater system at the Rincon Blanco community center for the Cebolla mutual domestic water consumers and sewage works association in Rio Arriba county.

     Section 19. LAS TRAMPAS ADMINISTRATIVE SERVICE BUILDING--CHANGE TO PUBLIC WORKS SUBSTATION--GENERAL FUND.--The unexpended balance of the appropriation to the local government division in Subsection 666 of Section 52 of Chapter 111 of Laws 2006 for an administrative services building for Las Trampas land grant in Taos county shall not be expended for the original purpose but is changed to plan, design, construct, equip and furnish a public works substation for the road department in Taos county.

     Section 20. RODARTE BUILDINGS IMPROVEMENTS--CHANGE TO RODARTE WATER SYSTEM--CHANGE AGENCY--GENERAL FUND.--The unexpended balance of the appropriation to the local government division in Subsection 215 of Section 26 of Chapter 2 of Laws 2007 for site and facility improvements to buildings in Rodarte in Taos county shall not be expended for the original purpose but is appropriated to the department of environment to plan, design and construct a water system for the Rodarte mutual domestic water consumers association in Taos county.

     Section 21. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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