SENATE BILL 373

50th legislature - STATE OF NEW MEXICO - first session, 2011

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 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.

          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.

          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. MINERS' HOSPITAL DISPENSING SYSTEM--CHANGE TO FLOORING REPLACEMENT--EXTEND TIME--MINERS' TRUST FUND.--The unexpended balance of the appropriation from the miners' trust fund to the miners' hospital of New Mexico in Laws 2009, Chapter 125, Section 44 to purchase and install a dispensing system shall not be expended for the original purpose but is changed to replace flooring at the long-term care facility at the miners' hospital, also known as miners' Colfax medical center, in Raton in Colfax county. The time of expenditure is extended through fiscal year 2014.

     SECTION 4. COCHITI LAKE ROAD AND HIGHWAY IMPROVEMENTS-- EXTEND TIME--GENERAL FUND.--The time of expenditure for the department of transportation project in Subsection 189 of Section 75 of Chapter 42 of Laws 2007 for road and highway improvements in Cochiti Lake in Sandoval county is extended through fiscal year 2013.

     SECTION 5. SANTA FE READINESS CENTER--CHANGE TO ARMORY REPAIRS STATEWIDE--CHANGE AGENCY--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the department of military affairs in Laws 2008, Chapter 92, Section 22 to renovate the Santa Fe aviation readiness center in Santa Fe county shall not be expended for the original purpose but is appropriated to the state armory board to renovate and repair armories statewide. The time of expenditure is extended through fiscal year 2014.

     SECTION 6. CABRESTO DAM REPAIRS--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the office of the state engineer project in Subsection 10 of Section 14 of Chapter 92 of Laws 2008 for repairs and improvements to Cabresto dam in Taos county is extended through fiscal year 2013.

     SECTION 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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