SENATE BILL 94
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Carlos R. Cisneros
AN ACT
RELATING TO GENERAL OBLIGATION BONDS; 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 THE PURCHASE OF SCHOOL BUSES, FOR CONSTRUCTION AND IMPROVEMENT OF ROADS IN DEPARTMENT OF TRANSPORTATION DISTRICTS 1 THROUGH 6 AND FOR CAPITAL IMPROVEMENTS AND ACQUISITIONS AT INSTITUTIONS OF HIGHER EDUCATION, STATE SPECIAL SCHOOLS AND TRIBAL SCHOOLS; PROVIDING FOR A PROPERTY TAX LEVY FOR PAYMENT OF PRINCIPAL OF, INTEREST ON AND CERTAIN COSTS RELATED TO THE BONDS; REQUIRING APPROVAL OF THE REGISTERED VOTERS AT THE 2018 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 "2018 Capital Projects General Obligation Bond Act".
SECTION 2. PURPOSE.--For the purpose of providing funds for capital expenditures as authorized in the 2018 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 2018 Capital Projects General Obligation Bond Act, shall determine the terms, covenants and conditions of bonds issued pursuant to that act, including:
(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 2018 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 2018 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 2018 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 2018 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. PROPERTY 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 2018 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 2018 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 2018 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 2018 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 2018 Capital Projects General Obligation Bond Act shall be distributed as follows for the purposes and in the amounts specified:
A. for senior citizen facility improvement, construction and equipment acquisition projects, to the aging and long-term services department:
(1) seventeen thousand six hundred dollars ($17,600) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Barelas senior center in Albuquerque in Bernalillo county;
(2) seventeen thousand six hundred dollars ($17,600) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Bear Canyon senior center in Albuquerque in Bernalillo county;
(3) twenty-one thousand one hundred dollars ($21,100) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Highland senior center in Albuquerque in Bernalillo county;
(4) fourteen thousand one hundred dollars ($14,100) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at Los Volcanes senior center in Albuquerque in Bernalillo county;
(5) fifty-four thousand two hundred dollars ($54,200) to purchase and equip vehicles for Los Volcanes senior center in Albuquerque in Bernalillo county;
(6) nineteen thousand two hundred dollars ($19,200) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the North Valley senior center in Albuquerque in Bernalillo county;
(7) fifty-four thousand two hundred dollars ($54,200) to purchase and equip vehicles for the North Valley senior center in Albuquerque in Bernalillo county;
(8) seventeen thousand nine hundred dollars ($17,900) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Palo Duro senior center in Albuquerque in Bernalillo county;
(9) twenty-eight thousand dollars ($28,000) to purchase and equip vehicles for the Palo Duro senior fitness center in Albuquerque in Bernalillo county;
(10) twenty thousand one hundred dollars ($20,100) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Paradise Hills community center in Albuquerque in Bernalillo county;
(11) one hundred thirty-eight thousand dollars ($138,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Rio Bravo senior center in Albuquerque in Bernalillo county;
(12) two hundred thirty-five thousand dollars ($235,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the South Valley multipurpose senior center in Albuquerque in Bernalillo county;
(13) one hundred twenty-three thousand dollars ($123,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Whispering Pines senior center in Tijeras in Bernalillo county;
(14) twenty-four thousand dollars ($24,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Glenwood senior center in Glenwood in Catron county;
(15) twenty-three thousand dollars ($23,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Quemado senior center in Quemado in Catron county;
(16) eighty thousand dollars ($80,000) to purchase and equip vehicles for the Reserve senior center in Reserve in Catron county;
(17) ninety thousand dollars ($90,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Cimarron senior center in Cimarron in Colfax county;
(18) thirty thousand dollars ($30,000) to purchase and equip vehicles for the Cimarron senior center in Cimarron in Colfax county;
(19) forty thousand dollars ($40,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Raton senior center in Raton in Colfax county;
(20) one hundred fifty-seven thousand twenty-eight dollars ($157,028) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at La Casa de Buena Salud senior center in Curry county;
(21) fifty-five thousand six hundred fifty dollars ($55,650) to purchase and equip vehicles for La Casa de Buena Salud senior center in Curry county;
(22) one hundred thirty-eight thousand seven hundred dollars ($138,700) to purchase and equip vehicles for the Anthony senior community center in Anthony in Dona Ana county;
(23) one hundred thousand dollars ($100,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Anthony senior community center in Anthony in Dona Ana county;
(24) one hundred thousand dollars ($100,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Betty McKnight multipurpose center in Chaparral in Dona Ana county;
(25) one hundred eleven thousand five hundred dollars ($111,500) to purchase and equip vehicles for the Mesilla community center in Mesilla in Dona Ana county;
(26) fifty-eight thousand dollars ($58,000) to purchase and equip vehicles for the Munson senior center in Las Cruces in Dona Ana county;
(27) one hundred twenty thousand dollars ($120,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Gila senior center in Gila in Grant county;
(28) twenty-five thousand dollars ($25,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Silver City senior center in Silver City in Grant county;
(29) thirty-four thousand dollars ($34,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at La Loma senior center in Guadalupe county;
(30) twenty-nine thousand dollars ($29,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Puerto de Luna senior center in Santa Rosa in Guadalupe county;
(31) one hundred seventy-five thousand nine hundred dollars ($175,900) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Ruidoso community center in Ruidoso in Lincoln county;
(32) fifty-five thousand dollars ($55,000) to purchase and equip vehicles for the Betty Ehart senior center in Los Alamos in Los Alamos county;
(33) one hundred forty-one thousand seven hundred dollars ($141,700) to purchase and equip vehicles for the Deming senior center in Deming in Luna county;
(34) eighty thousand dollars ($80,000) to purchase and equip vehicles for the Baahaali chapter senior center in the Baahaali chapter of the Navajo Nation in McKinley county;
(35) four hundred thousand dollars ($400,000) to plan, design and construct improvements to the parking lot, including lighting, at the Baca senior center in the Baca chapter of the Navajo Nation in McKinley county;
(36) seventy-six thousand dollars ($76,000) to purchase and equip vehicles for the Chichiltah chapter senior center in the Chichiltah chapter of the Navajo Nation in McKinley county;
(37) fifty thousand dollars ($50,000) to purchase and equip vehicles for the Coyote Canyon chapter senior center in the Coyote Canyon chapter of the Navajo Nation in McKinley county;
(38) eighty thousand dollars ($80,000) to purchase and equip vehicles for the Crownpoint chapter senior center in the Crownpoint chapter of the Navajo Nation in McKinley county;
(39) one hundred eighty thousand dollars ($180,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Iyanbito chapter senior center in the Iyanbito chapter of the Navajo Nation in McKinley county;
(40) eighty thousand dollars ($80,000) to purchase and equip vehicles for the Iyanbito chapter senior center in the Iyanbito chapter of the Navajo Nation in McKinley county;
(41) fifty thousand dollars ($50,000) to purchase and equip vehicles for the Rock Springs chapter senior center in the Rock Springs chapter of the Navajo Nation in McKinley county;
(42) seventy-five thousand dollars ($75,000) to purchase and equip vehicles for the Thoreau chapter senior center in the Thoreau chapter of the Navajo Nation in McKinley county;
(43) forty-five thousand dollars ($45,000) to purchase and equip vehicles for the Tohatchi chapter senior center in the Tohatchi chapter of the Navajo Nation in McKinley county;
(44) nine hundred fifty-one thousand seven hundred fifty dollars ($951,750) to plan, design, construct, renovate, equip and furnish an addition to the senior center in the Twin Lakes chapter of the Navajo Nation in McKinley county;
(45) fifty thousand dollars ($50,000) to purchase and equip vehicles for the Twin Lakes chapter senior center in the Twin Lakes chapter of the Navajo Nation in McKinley county;
(46) one hundred fifty thousand dollars ($150,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Logan senior center in Logan in Quay county;
(47) two hundred seven thousand eight hundred dollars ($207,800) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Tucumcari senior center in Tucumcari in Quay county;
(48) one hundred fifty thousand dollars ($150,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Beatrice Martinez senior center in Espanola in Rio Arriba county;
(49) one hundred one thousand dollars ($101,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Espanola senior center in Espanola in Rio Arriba county;
(50) sixty-seven thousand nine hundred dollars ($67,900) to purchase and equip vehicles for the Ohkay Owingeh senior center at Ohkay Owingeh in Rio Arriba county;
(51) one hundred thousand one hundred fifty dollars ($100,150) to purchase and equip vehicles for the Pueblo of Santa Clara adult daycare center at the Pueblo of Santa Clara in Rio Arriba county;
(52) fifty-four thousand seven hundred dollars ($54,700) to purchase and install meals equipment at the Pueblo of Santa Clara senior center in the Pueblo of Santa Clara in Rio Arriba county;
(53) fifty-five thousand six hundred fifty dollars ($55,650) to purchase and equip vehicles for La Casa de Buena Salud Los Abuelitos senior center in Portales in Roosevelt county;
(54) one hundred fifteen thousand dollars ($115,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Blanco senior center in Blanco in San Juan county;
(55) twenty-one thousand one hundred dollars ($21,100) to purchase and install meals equipment at the Bloomfield senior center in Bloomfield in San Juan county;
(56) nine hundred fifty-five thousand dollars ($955,000) to plan, design, construct, equip and furnish the Gadii'ahi chapter senior center in the Gadii'ahi chapter of the Navajo Nation in San Juan county;
(57) forty-five thousand dollars ($45,000) to purchase and equip vehicles for the Gadii'ahi chapter senior center in the Gadii'ahi chapter of the Navajo Nation in San Juan county;
(58) forty-eight thousand six hundred dollars ($48,600) to purchase and equip vehicles for the Nageezi chapter senior center in the Nageezi chapter of the Navajo Nation in San Juan county;
(59) fifty thousand dollars ($50,000) to purchase and equip vehicles for the Newcomb chapter senior center in the Newcomb chapter of the Navajo Nation in San Juan county;
(60) one hundred fifty-eight thousand two hundred dollars ($158,200) to purchase and equip vehicles, including meal delivery vehicles, for the Bernalillo senior center in Bernalillo in Sandoval county;
(61) ninety-five thousand dollars ($95,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Corrales senior center in Corrales in Sandoval county;
(62) seventy-six thousand seven hundred dollars ($76,700) to purchase and equip vehicles for the Corrales senior center in Corrales in Sandoval county;
(63) forty-two thousand eight hundred fifty dollars ($42,850) to purchase and install equipment at the Meadowlark senior center in Rio Rancho in Sandoval county;
(64) twenty thousand nine hundred dollars ($20,900) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Meadowlark senior center in Rio Rancho in Sandoval county;
(65) two hundred thousand dollars ($200,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the San Felipe senior center in the Pueblo of San Felipe in Sandoval county;
(66) one million three hundred thousand dollars ($1,300,000) to plan, design, construct, equip and furnish, including demolition, the Abedon Lopez senior center in Santa Cruz in Santa Fe county;
(67) two hundred ten thousand dollars ($210,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Sierra joint office on aging Ken James senior center in Truth or Consequences in Sierra county;
(68) ninety thousand dollars ($90,000) to purchase and equip vehicles for the Sierra joint office on aging Ken James senior center in Truth or Consequences in Sierra county;
(69) seventy-three thousand seven hundred dollars ($73,700) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Socorro senior center in Socorro in Socorro county;
(70) sixteen thousand two hundred dollars ($16,200) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Veguita senior center in Veguita in Socorro county;
(71) one hundred ninety-five thousand dollars ($195,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Amalia senior center in Amalia in Taos county;
(72) nine hundred ten thousand dollars ($910,000) to plan, design, construct, equip and furnish the Pueblo of Picuris senior center in the Pueblo of Picuris in Taos county; and
(73) six hundred eighty-eight thousand two hundred dollars ($688,200) to plan, design, construct, equip and furnish the Questa senior center in Taos county;
B. for library acquisitions at public libraries, public school libraries, academic libraries and tribal libraries statewide:
(1) to the cultural affairs department:
(a) three million dollars ($3,000,000) for equipment, library furniture, fixtures and supplemental library resource acquisitions, including print, non-print and electronic resources, collaborative library resources and information technology projects, and for the purchase and installation of broadband internet equipment and infrastructure at non-tribal public libraries statewide; and
(b) five hundred thousand dollars ($500,000) for equipment, library furniture, fixtures and supplemental library resource acquisitions, including print, non-print and electronic resources, collaborative library resources and information technology projects, and for the purchase and installation of broadband internet equipment and infrastructure at tribal libraries statewide;
(2) to the higher education department, three million dollars ($3,000,000) for supplemental library resource acquisitions, including books, equipment, electronic resources and collaborative library resources and information technology projects, for academic libraries statewide; and
(3) to the public education department, three million dollars ($3,000,000) for equipment and supplemental library resource acquisitions, including print, non-print and electronic resources, at public school libraries statewide;
C. for school bus acquisitions, to the public education department, two million dollars ($2,000,000) to purchase and equip school buses statewide;
D. for construction and improvement of roads statewide, to the department of transportation, forty-nine million dollars ($49,000,000) to be distributed equally to department of transportation districts 1 through 6 for road improvements in those districts; and
E. for capital improvements at institutions of higher education, special schools and tribal schools statewide:
(1) to the board of regents of eastern New Mexico university:
(a) one million five hundred thousand dollars ($1,500,000) to plan, design, construct, furnish and equip renovations to the automotive and welding building at the Roswell branch campus of eastern New Mexico university in Chaves county;
(b) five hundred thousand dollars ($500,000) to plan, design, construct, furnish and equip campuswide infrastructure improvements at the Ruidoso branch campus of eastern New Mexico university in Lincoln county; and
(c) seven million five hundred thousand dollars ($7,500,000) to plan, design, construct, furnish and equip phase 1 renovations at Roosevelt science hall at eastern New Mexico university in Portales in Roosevelt county;
(2) to the higher education department:
(a) seven million one hundred thousand dollars ($7,100,000) to plan, design, construct, furnish and equip renovations at Ken Chappy hall art facility and for campuswide infrastructure upgrades and repairs at the main campus of central New Mexico community college in Albuquerque in Bernalillo county;
(b) six hundred fifty thousand dollars ($650,000) to plan, design, construct, purchase, install, furnish and equip campuswide infrastructure improvements, including electrical site improvements and central plant upgrades, at southwestern Indian polytechnic institute in Albuquerque in Bernalillo county;
(c) one million five hundred thousand dollars ($1,500,000) to plan, design, construct, furnish and equip roof and parking lot replacement and repairs campuswide at Clovis community college in Clovis in Curry county;
(d) two million four hundred thousand dollars ($2,400,000) to plan, design, construct, furnish and equip renovations at McLean hall and for campuswide infrastructure improvements at New Mexico junior college in Hobbs in Lea county;
(e) two million dollars ($2,000,000) to plan, design, construct, furnish and equip a new academic building at the Crownpoint campus of Navajo technical university in McKinley county;
(f) five hundred thousand dollars ($500,000) to plan, design, construct, furnish and equip renovations, including demolition and abatement of hazardous materials, at building A at Mesalands community college in Tucumcari in Quay county;
(g) two million four hundred thousand dollars ($2,400,000) to plan, design and construct phase 1 of a math and science building, including site preparations, at Dine college in the Shiprock chapter of the Navajo Nation in San Juan county;
(h) five hundred thousand dollars ($500,000) to plan, design, construct, furnish and equip campuswide infrastructure improvements, including fire tower demolition, site reclamation and roof replacements, at San Juan college in Farmington in San Juan county;
(i) eight hundred thousand dollars ($800,000) to plan, design, construct, furnish and equip campuswide infrastructure improvements, including roadways, parking lots, building entrances and code compliance, at Luna community college in Las Vegas in San Miguel county;
(j) eight hundred thousand dollars ($800,000) to plan, design, construct, furnish and equip heating, ventilation and air conditioning system upgrades in the academic building and for code compliance improvements at the institute of American Indian arts in Santa Fe county; and
(k) two million dollars ($2,000,000) to plan, design, construct, purchase, install, furnish and equip campuswide infrastructure improvements at Santa Fe community college in Santa Fe in Santa Fe county;
(3) to the Indian affairs department, seven hundred thousand dollars ($700,000) to plan, design and construct an access lane and other road improvements, including ingress and egress, curbs and gutters and storm drainage, at the Santa Fe Indian school in Santa Fe in Santa Fe county;
(4) to the board of regents of New Mexico highlands university, three million three hundred thousand dollars ($3,300,000) to plan, design, construct, renovate, furnish and equip campuswide infrastructure upgrades, including demolition, at New Mexico highlands university in Las Vegas in San Miguel county;
(5) to the board of regents of the New Mexico institute of mining and technology, seven million dollars ($7,000,000) to plan, design, construct, purchase, install, furnish and equip renovations at Brown hall and for campuswide infrastructure improvements, including parking lots and safety lighting upgrades, at the New Mexico institute of mining and technology in Socorro in Socorro county;
(6) to the board of regents of the New Mexico military institute, two million dollars ($2,000,000) to plan, design, construct, furnish and equip renovations, including code compliance improvements and demolition, at John Ross Thomas hall and Vertrees, Moore and Vlahopoulos hall at the New Mexico military institute in Roswell in Chaves county;
(7) to the board of regents of the New Mexico school for the deaf, one million eight hundred thousand dollars ($1,800,000) to plan, design, renovate, purchase, install, furnish and equip the Lars M. Larson activity center and residential complex, including site and code compliance improvements, at the New Mexico school for the deaf in Santa Fe in Santa Fe county;
(8) to the board of regents of New Mexico state university:
(a) one million five hundred thousand dollars ($1,500,000) to plan, design, construct, furnish and equip infrastructure improvements at Martinez hall, including roof and code compliance improvements, at the Grants branch campus of New Mexico state university in Cibola county;
(b) sixteen million dollars ($16,000,000) to plan, design, construct, furnish and equip agricultural modernization and education facilities, including site improvements and demolition, for the college of agricultural, consumer and environmental sciences at New Mexico state university in Las Cruces in Dona Ana county;
(c) one million five hundred thousand dollars ($1,500,000) to plan, design, construct, furnish and equip campuswide infrastructure improvements, including roof repair and replacement, at the central campus of Dona Ana branch community college of New Mexico state university in Dona Ana county;
(d) one million dollars ($1,000,000) to plan, design, construct, furnish and equip infrastructure and site improvements campuswide, including roofs and code compliance, at the Carlsbad branch campus of New Mexico state university in Eddy county; and
(e) one million dollars ($1,000,000) to remove and replace the roof at the Tays center and to plan, design, construct and improve infrastructure campuswide, including site improvements, at the Alamogordo branch campus of New Mexico state university in Otero county;
(9) to the board of regents of northern New Mexico state school, one million two hundred thousand dollars ($1,200,000) to plan, design, construct, purchase, install, furnish and equip phase 3 renovations, including site and code compliance improvements, at the Joseph M. Montoya building at the Espanola campus of northern New Mexico state school in Rio Arriba county;
(10) to the board of regents of the university of New Mexico:
(a) sixteen million dollars ($16,000,000) to plan, design, construct, furnish and equip phase 2 renovations at Clark hall chemistry building at the university of New Mexico in Albuquerque in Bernalillo county;
(b) three hundred thousand dollars ($300,000) to plan, design, construct, furnish and equip campuswide infrastructure improvements, including code compliance and lighting, at the Los Alamos branch campus of the university of New Mexico in Los Alamos county;
(c) two million five hundred thousand dollars ($2,500,000) to plan, design, construct, furnish and equip the center for career and technical education, including site improvements, at the Gallup branch campus of the university of New Mexico in McKinley county; and
(d) four million two hundred thousand dollars ($4,200,000) to plan, design, construct, furnish and equip a new college pathways to careers center at the Klauer campus of 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, four million dollars ($4,000,000) to plan, design, construct, furnish and equip Harlan hall science building at western New Mexico university in Silver City in Grant county and for infrastructure improvements at western New Mexico university campuses in Grant county and in Luna county.
SECTION 11. ELECTION.--
A. Bonds issued pursuant to the 2018 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 2018, 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 the 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 2018 general election shall contain substantially the following language:
(1) "The 2018 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 ten million seven hundred seventy thousand dollars ($10,770,000) to make capital expenditures for certain senior citizen facility improvement, 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 2018 Capital Projects General Obligation Bond Act authorizes the issuance and sale of library acquisition bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed nine million seven hundred seventeen thousand dollars ($9,717,000) to make capital expenditures for academic, public school, tribal and public library resource 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 2018 Capital Projects General Obligation Bond Act authorizes the issuance and sale of bonds for the purchase of school buses. Shall the state be authorized to issue general obligation bonds in an amount not to exceed two million one hundred seventy-three thousand dollars ($2,173,000) to make capital expenditures for the purchase of school buses 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 2018 Capital Projects General Obligation Bond Act authorizes the issuance and sale of bonds for road construction and improvement projects. Shall the state be authorized to issue general obligation bonds in an amount not to exceed forty-nine million four hundred eighty-two thousand dollars ($49,482,000) to make capital expenditures for construction and improvement of roads in department of transportation districts 1 through 6 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
(5) "The 2018 Capital Projects General Obligation Bond Act authorizes the issuance and sale of higher education, special schools and tribal schools capital improvement and acquisition bonds. Shall the state be authorized to issue general obligation bonds in an amount not to exceed ninety-four million four hundred fifty-four thousand dollars ($94,454,000) to make capital expenditures for certain higher education, special schools and tribal 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___________________". 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 2018 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 2018 Capital Projects General Obligation Bond Act. The failure of a question to be approved by the electorate at the 2018 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 2018 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 2018 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 2018 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 2018 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 2018 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 2018 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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