SENATE BILL 369

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Carlos R. Cisneros

 

 

 

 

 

AN ACT

RELATING TO CAPITAL EXPENDITURES; 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 C of this section, the balance of an appropriation made from the general fund or other state fund shall revert pursuant to Subsection A of this section to the originating fund.

          C. 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.

          D. 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. EAGLE NEST ENCHANTED EAGLE PARK ASBESTOS REMOVAL AND BUILDING DEMOLITION--EXPAND PURPOSE--SEVERANCE TAX BONDS.--The local government division project in Subsection 42 of Section 16 of Chapter 64 of Laws 2012 to remove asbestos, including demolition and debris removal, from abandoned buildings in Enchanted Eagle park in Eagle Nest in Colfax county may include site improvements, including materials disposal and soil restoration.

     SECTION 4. BOSQUE REDONDO MEMORIAL EXHIBITS--EXPAND PURPOSE--EXTEND TIME--SEVERANCE TAX BONDS.--The cultural affairs department project in Subsection 2 of Section 9 of Chapter 125 of Laws 2009 to purchase and install exhibits at the Bosque Redondo memorial at Fort Sumner state monument in De Baca county may include design, construction and installation of an exhibition at that memorial. The time of expenditure is extended through fiscal year 2015.

     SECTION 5. LAS CRUCES ARMIJO HOUSE RENOVATIONS--CHANGE TO VIETNAM VETERANS' MEMORIAL--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the cultural affairs department originally authorized in Subsection 5 of Section 7 of Chapter 92 of Laws 2008 of which fifty-five thousand dollars ($55,000) was reauthorized and appropriated to the local government division in Laws 2012, Chapter 63, Section 36 to renovate the Armijo house in Las Cruces in Dona Ana county shall not be expended for the original or reauthorized purpose but is changed to make site improvements and construct a Vietnam War memorial in Veterans' park in Las Cruces in Dona Ana county. The time of expenditure is extended through fiscal year 2015.

     SECTION 6. SECOND STREET ROAD AND DRAINAGE IMPROVEMENTS IN ROY--EXPAND PURPOSE TO VARIOUS STREETS IN ROY--SEVERANCE TAX BONDS.--The department of transportation project in Subsection 29 of Section 18 of Chapter 64 of Laws 2012 to plan, design and construct road and drainage improvements to Second street in Roy in Harding county may include improvements to various streets in Roy.

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

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