SENATE BILL 213

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Nancy Rodriguez

 

 

 

 

 

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 OR TRANSFER 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. MALAGA MUTUAL DOMESTIC WATER CONSUMERS AND

SEWAGE WORKS ASSOCIATION BACKHOE PURCHASE--CHANGE TO EXTEND

WATER LINES--CHANGE AGENCY--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 190 of Section 29 of Chapter 138 of Laws 2021 to purchase and equip a backhoe for the Malaga mutual domestic water consumers and sewage works association in Eddy county shall not be expended for the original purpose but is appropriated to the department of transportation to plan, design, construct and extend water lines across a bridge on United States highway 285 over the Black river for that association in Eddy county. The time of expenditure is extended through fiscal year 2024.

     SECTION 4. ROOSEVELT COUNTY DETENTION CENTER KITCHEN AND LAUNDRY RENOVATION AND EQUIPMENT PURCHASE--EXPAND PURPOSE--EXTEND TIME--GENERAL FUND.--The local government division project in Subsection 338 of Section 34 of Chapter 277 of Laws 2019 to plan, design and renovate kitchen and laundry

areas, including replacement of kitchen and laundry equipment, at the Roosevelt county detention center in Portales in Roosevelt county may include replacement and repair of heating,

ventilation and air conditioning systems. The time of expenditure is extended through fiscal year 2024.

     SECTION 5. SANTA FE COUNTY RECOVERY PROGRAM BUILDING

IMPROVEMENTS--EXPAND PURPOSE--EXTEND TIME--GENERAL FUND.--The local government division project in Subsection 386 of Section 34 of Chapter 277 of Laws 2019 to plan, design, construct, renovate, furnish and equip a facility for a recovery program in Santa Fe county may include the purchase of land and buildings. The time of expenditure is extended through fiscal year 2024.

     SECTION 6. FIRST JUDICIAL DISTRICT ATTORNEY'S OFFICE SECURITY SYSTEMS AND EQUIPMENT PURCHASE--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the office of the first judicial district attorney project in Laws 2020 Chapter 81, Section 12 to purchase, equip and install telecommunications systems, security systems, information technology, furniture and office equipment, including partitions and fixtures, in the first judicial district court in Santa Fe in Santa Fe county is extended through fiscal year 2024.

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

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