Committee Substitute for SB0113FCS

SENATE FINANCE COMMITTEE SUBSTITUTE FOR

SENATE BILL 113

49th legislature - STATE OF NEW MEXICO - second session, 2010

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 LIBRARY ACQUISITIONS, FOR PUBLIC SCHOOL CAPITAL IMPROVEMENTS AND FOR CAPITAL IMPROVEMENTS AND ACQUISITIONS AT INSTITUTIONS OF HIGHER EDUCATION, STATE SPECIAL SCHOOLS AND NATIVE AMERICAN INSTITUTIONS; 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 2010 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 "2010 Capital Projects General Obligation Bond Act".

Section 2. PURPOSE.--For the purpose of providing funds for capital expenditures as authorized in the 2010 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 2010 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 2010 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 2010 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 2010 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 2010 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 2010 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 2010 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 2010 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 2010 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 2010 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, construction and equipment acquisition projects, to the aging and long-term services department:

(1) three hundred seventy thousand dollars ($370,000) to plan, design, renovate and equip the Bear Canyon senior center in Albuquerque in Bernalillo county;

(2) five hundred thousand dollars ($500,000) to plan, design, construct, equip and furnish the Highland senior center in Albuquerque in Bernalillo county;

(3) five hundred thirty-four thousand dollars ($534,000) to plan, design, construct, equip and furnish the North Valley senior center in Albuquerque in Bernalillo county;

(4) one hundred thousand dollars ($100,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Rio Bravo meal site in Bernalillo county;

(5) fourteen thousand dollars ($14,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of Isleta senior center in Bernalillo county;

(6) one million dollars ($1,000,000) to plan, design, construct, equip and furnish the Tijeras senior center in Bernalillo county;

(7) fourteen thousand five hundred dollars ($14,500) to purchase and install meals equipment at Catron countywide senior centers in Catron county;

(8) twenty-five thousand dollars ($25,000) to purchase and equip vehicles for the Quemado senior center in Catron county;

(9) one hundred fifty thousand dollars ($150,000) to plan, design, construct, equip and furnish the Hagerman senior center in Chaves county;

(10) one hundred two thousand six hundred dollars ($102,600) to purchase and equip vehicles for the Roswell-Hagerman senior centers in Chaves county;

(11) thirty-five thousand one hundred dollars ($35,100) to make improvements for building code compliance, including purchase and installation of equipment, to the Grants senior center in Cibola county;

(12) one thousand dollars ($1,000) to purchase and install meals equipment at the Grants senior center in Cibola county;

(13) seven thousand five hundred dollars ($7,500) to plan, design, renovate and equip the Eagle Nest senior center in Colfax county;

(14) twenty-five thousand dollars ($25,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Raton senior center in Colfax county;

(15) five thousand two hundred dollars ($5,200) to purchase and install meals equipment at the Grady senior center in Curry county;

(16) nine thousand two hundred dollars ($9,200) to purchase and install meals equipment at the Fort Sumner senior center in De Baca county;

(17) one hundred seventy-eight thousand five hundred dollars ($178,500) to make improvements for building code compliance, including purchase and installation of equipment, to the Munson senior center in Las Cruces in Dona Ana county;

(18) seventy-five thousand dollars ($75,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Mesilla Park senior center in Las Cruces in Dona Ana county;

(19) fifty thousand dollars ($50,000) to purchase and equip vehicles for the Artesia senior center in Eddy county;

(20) seventy-eight thousand three hundred dollars ($78,300) to purchase and equip vehicles for the Eddy countywide senior centers in Eddy county;

(21) twelve thousand four hundred dollars ($12,400) to purchase and install meals equipment at Grant countywide senior centers in Grant county;

(22) one hundred twenty thousand dollars ($120,000) to purchase and equip vehicles for the Grant countywide senior centers in Grant county;

(23) ten thousand dollars ($10,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Santa Clara senior center in Grant county;

(24) fifty-one thousand dollars ($51,000) to plan, design, renovate and equip La Loma senior center in Guadalupe county;

(25) one thousand one hundred dollars ($1,100) to purchase and install meals equipment at the Eunice senior center in Lea county;

(26) one thousand dollars ($1,000) to purchase and install meals equipment at the Hobbs senior center in Lea county;

(27) ten thousand dollars ($10,000) to purchase and install meals equipment at the Jal senior center in Lea county;

(28) fifty thousand dollars ($50,000) to plan, design, construct, equip and furnish the Carrizozo senior center in Lincoln county;

(29) four thousand five hundred dollars ($4,500) to make improvements for building code compliance, including purchase and installation of equipment, to the Hondo Valley senior center in Lincoln county;

(30) eighteen thousand five hundred dollars ($18,500) to purchase and install meals equipment at Lincoln countywide senior centers in Lincoln county;

(31) thirteen thousand five hundred dollars ($13,500) to plan, design, renovate and equip the Ruidoso senior center in Lincoln county;

(32) eighty-nine thousand dollars ($89,000) to purchase and equip vehicles for the Los Alamos senior center in Los Alamos county;

(33) six thousand five hundred dollars ($6,500) 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;

(34) eighteen thousand five hundred dollars ($18,500) to purchase and install equipment at the Gallup citywide senior centers in McKinley county;

(35) twenty-six thousand dollars ($26,000) to purchase and install meals equipment at Gallup citywide senior centers in McKinley county;

(36) sixty-three thousand dollars ($63,000) to purchase and equip vehicles for the Gallup citywide senior centers in McKinley county;

(37) sixty-five thousand dollars ($65,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Ford Canyon senior center in Gallup in McKinley county;

(38) thirty-six thousand dollars ($36,000) to purchase and install meals equipment at the Nahodishgish chapter senior center on the Navajo Nation in McKinley county;

(39) forty thousand dollars ($40,000) 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;

(40) eighty thousand dollars ($80,000) 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;

(41) three hundred thousand dollars ($300,000) to plan, design, construct, equip and furnish the Whitehorse Lake chapter senior center on the Navajo Nation in McKinley county;

(42) one hundred eighty-five thousand seven hundred dollars ($185,700) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of Zuni senior center in McKinley county;

(43) seventeen thousand five hundred dollars ($17,500) to purchase and install meals equipment at the Mora and Wagon Mound senior centers in Mora county;

(44) forty-two thousand dollars ($42,000) to purchase and equip vehicles for the Mescalero Apache senior center in Otero county;

(45) seven thousand five hundred dollars ($7,500) to purchase and install equipment at the Tucumcari senior center in Quay county;

(46) twenty-two thousand five hundred dollars ($22,500) to plan, design, renovate and equip the Tucumcari senior center in Quay county;

(47) five thousand three hundred dollars ($5,300) to purchase and install meals equipment at the Tucumcari and House senior centers in Quay county;

(48) fifty-four thousand six hundred dollars ($54,600) to make improvements for building code compliance, including purchase and installation of equipment, to the Chama senior center in Rio Arriba county;

(49) ten thousand two hundred dollars ($10,200) to purchase and install meals equipment at the Chama senior center in Rio Arriba county;

(50) nine thousand dollars ($9,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Espanola senior center in Rio Arriba county;

(51) twelve thousand dollars ($12,000) to purchase and install meals equipment at the Espanola senior center in Rio Arriba county;

(52) twenty-eight thousand dollars ($28,000) to purchase and equip vehicles for the Jicarilla Apache Nation senior center in Rio Arriba county;

(53) twenty-five thousand dollars ($25,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Jicarilla Apache Nation senior center in Rio Arriba county;

(54) one hundred twenty-eight thousand dollars ($128,000) to plan, design, construct, equip and furnish the Ohkay Owingeh senior center in Rio Arriba county;

(55) one hundred thirty-four thousand dollars ($134,000) to purchase and equip vehicles for the Rio Arriba countywide senior centers in Rio Arriba county;

(56) sixty-seven thousand five hundred dollars ($67,500) to make improvements for building code compliance, including purchase and installation of equipment, to the Aztec senior center in San Juan county;

(57) fifteen thousand dollars ($15,000) to plan, design, renovate and equip the Crystal chapter senior center on the Navajo Nation in San Juan county;

(58) ten thousand dollars ($10,000) 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;

(59) one thousand six hundred dollars ($1,600) to make improvements for building code compliance, including purchase and installation of equipment, to the Lake Valley chapter senior center on the Navajo Nation in San Juan county;

(60) seventy-five thousand dollars ($75,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Shiprock chapter senior center on the Navajo Nation in San Juan county;

(61) fifty thousand dollars ($50,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Tse'Daa'Kaan chapter senior center on the Navajo Nation in San Juan county;

(62) ten thousand five hundred dollars ($10,500) to plan, design, renovate and equip the Corrales senior center in Sandoval county;

(63) twenty-seven thousand five hundred dollars ($27,500) to make improvements for building code compliance, including purchase and installation of equipment, to the Cuba senior center in Sandoval county;

(64) ten thousand five hundred dollars ($10,500) to plan, design, renovate and equip the Placitas senior center in Sandoval county;

(65) three hundred thousand dollars ($300,000) to plan, design, construct, equip and furnish the Rio Rancho senior center in Sandoval county;

(66) eleven thousand dollars ($11,000) to purchase and install meals equipment at the Pueblo of San Felipe senior center in Sandoval county;

(67) one hundred seventy-seven thousand dollars ($177,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of Sandia senior center in Sandoval county;

(68) three thousand dollars ($3,000) to purchase and install meals equipment at the Pueblo of Sandia senior center in Sandoval county;

(69) forty-two thousand dollars ($42,000) to purchase and equip vehicles for the Sandoval countywide senior centers in Sandoval county;

(70) five thousand dollars ($5,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of Santo Domingo senior center in Sandoval county;

(71) seven thousand three hundred dollars ($7,300) to purchase and install equipment at the Pueblo of Zia senior center in Sandoval county;

(72) two hundred seventy thousand dollars ($270,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of Zia senior center in Sandoval county;

(73) three thousand dollars ($3,000) to purchase and install meals equipment at the Pueblo of Zia senior center in Sandoval county;

(74) sixty-five thousand dollars ($65,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of Nambe senior center in Santa Fe county;

(75) five thousand dollars ($5,000) to purchase and install meals equipment at the Pueblo of Pojoaque senior center in Santa Fe county;

(76) five thousand dollars ($5,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of Pojoaque senior center in Santa Fe county;

(77) forty-two thousand dollars ($42,000) to purchase and equip vehicles for the Pueblo of San Ildefonso senior center in Santa Fe county;

(78) four thousand two hundred dollars ($4,200) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of San Ildefonso senior center in Santa Fe county;

(79) two thousand five hundred dollars ($2,500) to purchase and install meals equipment at the Pueblo of San Ildefonso senior center in Santa Fe county;

(80) seventy-three thousand dollars ($73,000) to plan, design, renovate and equip the Mary Esther Gonzales senior center in Santa Fe in Santa Fe county;

(81) one hundred twenty-six thousand dollars ($126,000) to purchase and equip vehicles for the Sierra joint office of aging in Sierra county;

(82) ten thousand three hundred dollars ($10,300) to purchase and install meals equipment at the Truth or Consequences senior center in Sierra county;

(83) two hundred thousand dollars ($200,000) to plan, design, construct, equip and furnish the Alamo chapter senior center on the Navajo Nation in Socorro county;

(84) thirty-seven thousand five hundred dollars ($37,500) to make improvements for building code compliance, including purchase and installation of equipment, to the Socorro senior center in Socorro county;

(85) twenty-six thousand dollars ($26,000) to purchase and install meals equipment at the Socorro senior center in Socorro county;

(86) two thousand dollars ($2,000) to purchase and install equipment at the Pueblo of Picuris senior center in Taos county;

(87) fifteen thousand dollars ($15,000) to purchase and equip vehicles for the Pueblo of Picuris senior center in Taos county;

(88) five hundred thousand dollars ($500,000) to plan, design, construct, equip and furnish the Pueblo of Taos senior center in Taos county;

(89) twenty-five thousand three hundred dollars ($25,300) to purchase and install meals equipment at the Pueblo of Taos senior center in Taos county;

(90) one hundred eighty thousand dollars ($180,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Clayton senior center in Union county;

(91) seven thousand dollars ($7,000) to purchase and install meals equipment at the Clayton senior center in Union county;

(92) sixteen thousand one hundred dollars ($16,100) to make improvements for building code compliance, including purchase and installation of equipment, to the Des Moines senior center in Union county; and

(93) three hundred thousand dollars ($300,000) to plan, design, construct, equip and furnish the Belen senior center in Valencia county;

B. for library acquisitions and capital improvements at public libraries, public school libraries, academic libraries and tribal libraries statewide:

(1) to the cultural affairs department:

(a) one million seven hundred fifty thousand dollars ($1,750,000) to acquire library books, equipment and library resources for public libraries statewide; and

(b) one million seven hundred fifty thousand dollars ($1,750,000) for supplemental library resource acquisitions, including books and equipment and planning, designing and constructing capital improvements, at library facilities for tribal libraries statewide;

(2) to the higher education department, one million seven hundred fifty thousand dollars ($1,750,000) to acquire library books, equipment and library resources for academic libraries statewide; and

(3) to the public education department, one million seven hundred fifty thousand dollars ($1,750,000) to acquire library books, equipment and library resources for public school libraries statewide;

C. for public school facility improvement acquisitions, to the public education department, two million dollars ($2,000,000) for renovation and construction of pre-kindergarten classrooms and facilities at public schools statewide;

D. for public school bus acquisitions, to the public education department, three million dollars ($3,000,000) to purchase school buses statewide;

E. for capital improvements at institutions of higher education and constitutional special schools statewide:

(1) to the board of regents of eastern New Mexico university:

(a) four million dollars ($4,000,000) to construct and improve the physical plant complex, including purchasing and installing a modular building, at the Roswell branch campus of eastern New Mexico university in Chaves county;

(b) five hundred thousand dollars ($500,000) for renovations and infrastructure improvements, including improvements for energy efficiency and campus safety, at the Ruidoso branch campus of eastern New Mexico university in Lincoln county;

(c) seven million dollars ($7,000,000) for infrastructure and electric utility upgrades, including distribution; piping; water chillers; heating, ventilation and air conditioning systems; and razing of closed facilities, at eastern New Mexico university in Portales in Roosevelt county; and

(d) one million dollars ($1,000,000) for renovating the Greyhound arena, including heating, ventilation and air conditioning improvements, at eastern New Mexico university in Portales in Roosevelt county;

(2) to the higher education department:

(a) sixteen million dollars ($16,000,000) to renovate Jeanette Stromberg hall at central New Mexico community college in Albuquerque in Bernalillo county;

(b) one million dollars ($1,000,000) to renovate the former allied health facilities for use as computer labs and classrooms at Clovis community college in Clovis in Curry county;

(c) three million dollars ($3,000,000) for roof improvements and replacement at New Mexico junior college in Hobbs in Lea county;

(d) two million dollars ($2,000,000) to plan, design and construct a facility for the renewable energy program and to purchase and install equipment for the school of trades and technology at San Juan college in San Juan county;

(e) five million dollars ($5,000,000) to renovate the vocational education complex at Luna community college in Las Vegas in San Miguel county; and

(f) one million dollars ($1,000,000) for infrastructure improvements at Santa Fe community college in Santa Fe county;

(3) to the board of regents of New Mexico highlands university, seven million one hundred thousand dollars ($7,100,000) to plan, design, renovate, construct, improve the site, furnish and equip the historic Trolley building at New Mexico highlands university in Las Vegas in San Miguel county;

(4) to the board of regents of the New Mexico military institute, five million dollars ($5,000,000) to renovate Lusk hall to comply with the requirements of the Americans with Disabilities Act of 1990, safety codes and energy and environmental design at New Mexico military institute in Roswell in Chaves county;

(5) to the board of regents of New Mexico institute of mining and technology, twelve million dollars ($12,000,000) to plan, design, construct, equip and furnish phase 1 of the geology facility at New Mexico institute of mining and technology in Socorro in Socorro county;

(6) to the board of regents of New Mexico state university:

(a) one million seven hundred fifty thousand dollars ($1,750,000) for infrastructure renovation and improvements, including roof repairs, safety, classrooms, labs, heating and drainage, at the Grants branch campus of New Mexico state university in Cibola county;

(b) eighteen million dollars ($18,000,000) to plan, design, construct, conduct necessary demolition, renovate, furnish, expand and equip the Hershel Zohn theater and Branson library to house the institute for public policy at New Mexico state university in Las Cruces in Dona Ana county;

(c) five million six hundred fifty thousand dollars ($5,650,000) to plan, design, construct, equip and furnish an addition to the Gadsden center at the Dona Ana community college branch of New Mexico state university in Dona Ana county;

(d) one million two hundred fifty thousand dollars ($1,250,000) for infrastructure renovation, including improvements to the heating, ventilation and air conditioning systems, classrooms, energy management systems, hot water systems and transportation and parking, at the Carlsbad branch campus of New Mexico state university in Eddy county; and

(e) one million seven hundred fifty thousand dollars ($1,750,000) for infrastructure renovation, including improvements to energy management and lighting systems and restroom upgrades to comply with the Americans with Disabilities Act of 1990, at the Alamogordo branch campus of New Mexico state university in Otero county;

(7) to the board of regents of northern New Mexico state school, five million dollars ($5,000,000) to construct and equip the Serpa program building for a solar engineering and research park and academy at northern New Mexico state school in Espanola in Rio Arriba county;

(8) to the board of regents of the New Mexico school for the blind and visually impaired, three million five hundred thousand dollars ($3,500,000) for renovating Watkins education center and to contract with the public school facilities authority for other infrastructure improvements to address critical deficiencies and to comply with the Americans with Disabilities Act of 1990 at the New Mexico school for the blind and visually impaired in Alamogordo in Otero county;

(9) to the board of regents of the New Mexico school for the deaf, three million dollars ($3,000,000) to contract with the public school facilities authority for improvements, including fire suppression and improvements to comply with the Americans with Disabilities Act of 1990, and other renovations to address critical deficiencies at the New Mexico school for the deaf in Santa Fe in Santa Fe county;

(10) to the board of regents of the university of New Mexico:

(a) three million eight hundred thousand dollars ($3,800,000) to renovate, expand and construct the biology building at the university of New Mexico in Albuquerque in Bernalillo county;

(b) twelve million dollars ($12,000,000) to demolish the old facility and construct the outpatient services building at the Carrie Tingley hospital at the university of New Mexico's health sciences center in Albuquerque in Bernalillo county;

(c) ten million dollars ($10,000,000) to renovate Reibsomer hall, the chemistry building, at the university of New Mexico in Albuquerque in Bernalillo county;

(d) four million dollars ($4,000,000) to plan, design, construct and equip a collaborative teaching and learning building, including demolition of the old facility, for the college of education at the university of New Mexico in Albuquerque in Bernalillo county;

(e) ten million dollars ($10,000,000) to plan, design, construct, renovate, equip and furnish the health science education interdisciplinary building at the university of New Mexico in Albuquerque in Bernalillo county;

(f) seven hundred fifty thousand dollars ($750,000) to renovate and equip labs, classrooms and storage space at the science labs at the Los Alamos branch campus of the university of New Mexico in Los Alamos county;

(g) one million four hundred thousand dollars ($1,400,000) to construct and make improvements to the Zollinger library, including completing the lower level shell space, at the Gallup branch campus of the university of New Mexico in McKinley county; and

(h) two million dollars ($2,000,000) to plan, design, construct, equip and furnish phase 1 of the research center and learning library at the Taos branch campus of the university of New Mexico in Taos county; and

(11) to the board of regents of western New Mexico university, five million five hundred thousand dollars ($5,500,000) for infrastructure renovations and improvements, including renovating the McCray arts building, at western New Mexico university in Silver City in Grant county; and

F. to the Indian affairs department, one million two hundred fifty thousand dollars ($1,250,000) for improvements and security enhancements at southwestern Indian polytechnic institute in Albuquerque in Bernalillo county.

Section 11. ELECTION.--

A. Bonds issued pursuant to the 2010 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 2010, 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 2010 general election shall contain substantially the following language:

(1) "The 2010 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 seven million seven hundred ninety thousand three hundred twenty dollars ($7,790,320) 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 2010 Capital Projects General Obligation Bond Act authorizes the issuance and sale of library acquisition and construction bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed seven million eighty-two thousand one hundred ten dollars ($7,082,110) to make capital expenditures for academic, public school, tribal and public 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___________________";

(3) "The 2010 Capital Projects General Obligation Bond Act authorizes the issuance and sale of public school facility improvement bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed two million sixty-one thousand seven hundred sixty dollars ($2,061,760) to make capital expenditures for pre-kindergarten classrooms and facilities at public schools 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___________________";

(4) "The 2010 Capital Projects General Obligation Bond Act authorizes the issuance and sale of public school bus bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed three million one hundred thousand dollars ($3,100,000) to purchase school buses 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___________________";

(5) "The 2010 Capital Projects General Obligation Bond Act authorizes the issuance and sale of higher educational and constitutional 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 fifty-four million three hundred ten thousand dollars ($154,310,000) 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___________________"; and

(6) "The 2010 Capital Projects General Obligation Bond Act authorizes the issuance and sale of Native American educational institution capital improvement and acquisition bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed one million two hundred eighty-eight thousand six hundred dollars ($1,288,600) to make capital expenditures at Native American educational institutions 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 2010 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 2010 Capital Projects General Obligation Bond Act. The failure of a question to be approved by the electorate at the 2010 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 2010 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 2010 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 2010 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 2010 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 2010 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 2010 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.

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