0001| SENATE BILL 1054
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MANNY M. ARAGON
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO REVENUES; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX
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0012| BONDS FOR CONSTRUCTION OR ACQUISITION OF STATE CORRECTIONAL
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0013| FACILITIES AND TREATMENT FACILITIES FOR ADULT INMATES AND
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0014| JUVENILE OFFENDERS; REMOVING A CREDIT AGAINST THE GROSS
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0015| RECEIPTS TAX FOR MUNICIPAL GROSS RECEIPTS TAXES PAID; FUNDING
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0016| IN-PLANT DEVELOPMENT TRAINING AND A WATER RESOURCE STUDY AND
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0017| WATER RIGHTS ASSESSMENT; MAKING APPROPRIATIONS; AMENDING,
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0018| REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN
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0019| EMERGENCY.
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0020|
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0021| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0022| Section 1. FUND CREATED--PURPOSE--APPROPRIATION.--
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0023| A. The "correctional facilities financing fund" is
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0024| created as a special fund within the state treasury. The fund
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0025| shall consist of money appropriated to the fund and gross
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0001| receipts tax revenues distributed to the fund by law. Balances
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0002| in the fund at the end of any fiscal year shall remain in the
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0003| fund, except as provided in Subsection E of this section.
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0004| Earnings from investment of the fund shall be credited to the
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0005| fund.
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0006| B. Money in the correctional facilities financing
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0007| fund is appropriated to the property control division of the
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0008| general services department for the following specified
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0009| purposes:
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0010| (1) ninety-five million dollars ($95,000,000)
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0011| to design, construct and equip or acquire:
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0012| (a) a correctional facility in Guadalupe
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0013| county of not more than six hundred beds, expandable to one
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0014| thousand two hundred beds; and
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0015| (b) a correctional facility in Lea
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0016| county of not more than one thousand two hundred beds,
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0017| expandable to two thousand two hundred beds;
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0018| (2) fifteen million dollars ($15,000,000) to
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0019| design, construct and equip or acquire a four-hundred-bed adult
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0020| male behavioral and mental health facility in the Rio Grande
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0021| corridor;
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0022| (3) two million dollars ($2,000,000) to
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0023| design, construct and equip or acquire a two-hundred-fifty-bed
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0024| adult female reintegration facility in the Rio Grande corridor;
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0025| (4) five million dollars ($5,000,000) to
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0001| acquire:
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0002| (a) a fifty-bed prefabricated juvenile
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0003| detention facility at the youth development and diagnostic
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0004| center; and
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0005| (b) a fifty-bed prefabricated juvenile
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0006| detention facility at the New Mexico boys' school at Springer;
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0007| and
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0008| (5) ten million dollars ($10,000,000) to
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0009| design, construct and equip or acquire a three-hundred-bed
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0010| behavioral and mental health facility for male juveniles in the
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0011| Rio Grande corridor.
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0012| C. No contract for the construction or acquisition
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0013| of a facility shall be entered into pursuant to Subsection B of
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0014| this section unless the secretary of the contracting agency
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0015| certifies that the facility will be built by a primary
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0016| contractor and subcontractors that:
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0017| (1) maintain their primary places of business
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0018| in New Mexico;
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0019| (2) hire laborers for construction of the
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0020| facilities as employees, rather than independent contractors,
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0021| and who are New Mexico residents;
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0022| (3) provide health care benefits and
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0023| retirement benefits to their employees working on construction
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0024| of the facilities; and
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0025| (4) maintain apprenticeship programs for their
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0001| employees.
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0002|
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0003| D. For the correctional facilities in Lea county
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0004| and Guadalupe county pursuant to Paragraphs (1) and (2) of
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0005| Subsection B of this section, each county or political
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0006| subdivisions in the county shall provide land for the facility
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0007| site and arrange for utilities, roads and related
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0008| infrastructure needs to the property line of the prison site in
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0009| the form of in-kind contributions. In addition, prior to
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0010| entering into a contract for the construction or acquisition of
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0011| the correctional facility in Lea county, the city of Hobbs and
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0012| Lea county shall each contribute five million dollars
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0013| ($5,000,000) in local matching funds, which shall be deposited
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0014| into the correctional facilities financing fund.
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0015| E. Upon certification by the secretary of the
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0016| contracting agency that the agency has constructed or acquired
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0017| the facilities pursuant to Subsection B of this section and no
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0018| additional expenditures from the fund are necessary for that
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0019| purpose, any balance remaining in the correctional facilities
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0020| financing fund shall be transferred to the general fund.
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0021| F. Any law authorizing the distribution of taxes or
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0022| other revenues to the correctional facilities financing fund
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0023| shall not be amended or repealed or otherwise modified so as to
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0024| impair any contract entered into by the contracting agency
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0025| pursuant to which those taxes or revenues are dedicated to the
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0001| construction or acquisition of facilities as provided in this
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0002| section.
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0003| Section 2. A new section of the Tax Administration Act is
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0004| enacted to read:
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0005| "[NEW MATERIAL] DISTRIBUTION--CORRECTIONAL FACILITIES
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0006| FINANCING FUND.--Unless a credit is allowed pursuant to Section
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0007| 7-9-82 NMSA 1978, a distribution pursuant to Section 7-1-6.1
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0008| NMSA 1978 shall be made to the correctional facilities
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0009| financing fund in an amount equal to the net receipts,
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0010| exclusive of penalties and interest, attributable to one-fourth
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0011| of one percent of the taxable gross receipts subject to the
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0012| municipal gross receipts tax imposed pursuant to Section 7-19D-
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0013| 4 NMSA 1978."
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0014| Section 3. Section 7-9-82 NMSA 1978 (being Laws 1986,
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0015| Chapter 20, Section 68, as amended) is amended to read:
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0016| "7-9-82. CREDIT--GROSS RECEIPTS TAX--MUNICIPAL GROSS
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0017| RECEIPTS TAX PAID.--A credit shall be allowed for each
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0018| reporting period after July 1, 2002 against the gross
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0019| receipts tax for:
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0020| A. an amount of the municipal gross receipts tax
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0021| equal to one-half of one percent of the taxable gross receipts
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0022| for which the taxpayer is liable for that reporting period
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0023| imposed by a municipality pursuant to Section 7-19D-4 NMSA 1978
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0024| if that municipality has imposed a total municipal gross
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0025| receipts tax rate of at least one-half of one percent;
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0001| or
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0002| B. an amount of the municipal gross receipts tax
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0003| equal to one-fourth of one percent of the taxable gross
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0004| receipts for which the taxpayer is liable for that reporting
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0005| period imposed by a municipality pursuant to Section 7-19D-4
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0006| NMSA 1978 if that municipality has imposed a total municipal
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0007| gross receipts tax rate of one-fourth of one percent."
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0008| Section 4. Section 33-1-17 NMSA 1978 (being Laws 1985,
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0009| Chapter 149, Section 1, as amended) is amended to read:
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0010| "33-1-17. PRIVATE CONTRACT.--
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0011| A. The corrections department may contract for the
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0012| operation of any adult female facility or for housing adult
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0013| female inmates in a private facility with a person or entity in
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0014| the business of providing correctional or jail services to
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0015| government entities.
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0016| B. The corrections department may contract [with a
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0017| person or entity in the business of providing correctional or
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0018| jail services to government entities] for the
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0019| [(1) a correctional facility in Guadalupe
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0020| county of not less than five hundred fifty and not more than
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0021| two thousand two hundred beds;
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0022| (2) a correctional facility in Lea, Chaves or
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0023| Santa Fe county of not less than one thousand two hundred and
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0024| not more than two thousand two hundred beds;
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0025| (3) design and construction of a support
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0001| services building, a laundry and an infirmary at the
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0002| penitentiary of New Mexico in Santa Fe; or
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0003| (4)] construction of a public facility to
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0004| house a special incarceration alternative program for adult
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0005| male and adult female felony offenders.
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0006| [C. The authorization in Subsection B of this
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0007| section for a correctional facility in Guadalupe county and a
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0008| correctional facility in Lea, Chaves or Santa Fe county is
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0009| contingent upon construction of both facilities, so that one of
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0010| the facilities shall not be constructed unless both of the
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0011| facilities are constructed, as nearly as practicable,
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0012| simultaneously.
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0013| D.] C. The corrections department shall
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0014| solicit proposals and award any contract under this section in
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0015| accordance with the provisions of the Procurement Code. The
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0016| contract shall include such terms and conditions as the
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0017| corrections department may require after consultation with
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0018| the general services department; provided that the terms and
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0019| conditions shall include provisions:
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0020| (1) setting forth comprehensive standards for
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0021| conditions of incarceration;
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0022| (2) that the contractor assumes all liability
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0023| caused by or arising out of all aspects of the provision or
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0024| operation of the facility;
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0025| (3) for liability insurance or other proof of
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0001| financial responsibility acceptable to the general services
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0002| department covering the contractor and its officers, employees
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0003| and agents in an amount sufficient to cover all liability
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0004| caused by or arising out of all aspects of the provision or
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0005| operation of the facility;
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0006| (4) for termination for cause upon ninety
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0007| days' notice to the contractor for failure to meet contract
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0008| provisions when such failure seriously affects the availability
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0009| or operation of the facility;
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0010| (5) that venue for the enforcement of the
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0011| contract shall be in the district court for Santa Fe county;
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0012| (6) that continuation of the contract is
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0013| subject to the availability of funds; and
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0014| (7) that compliance with the contract shall be
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0015| monitored by the corrections department and the contract may be
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0016| terminated for noncompliance.
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0017| [E.] D. When the contractor begins operation of
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0018| a facility, [for which private contractor operation is
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0019| authorized] his employees performing the functions of
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0020| correctional officers shall be deemed correctional officers for
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0021| the purposes of Sections 33-1-10 and 33-1-11 NMSA 1978 but for
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0022| no other purpose of state law, unless specifically stated.
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0023| [F.] E. Any contract awarded pursuant to this
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0024| section may include terms to provide for the renovation of the
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0025| facility or for the construction of new buildings. Work
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0001| performed pursuant to such terms and conditions shall not be
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0002| considered a capital project as defined in Section 15-3-23.3
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0003| NMSA 1978 or a state public works project as defined in Section
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0004| 13-1-91 NMSA 1978 nor shall it be subject to the requirements
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0005| of Section 13-1-150 NMSA 1978 or of the Capital Program Act,
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0006| review by the staff architect of the property control division
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0007| of the general services department pursuant to Section 15-3-20
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0008| NMSA 1978 or regulation by the director of that division
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0009| pursuant to Section 15-3-11 NMSA 1978.
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0010| [G.] F. Any contract entered into by the
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0011| corrections department with a private contractor to operate an
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0012| existing facility shall include a provision securing the right
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0013| of all persons employed by that facility prior to the effective
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0014| date of that contract to be employed by that contractor in any
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0015| position for which they qualify before that position is offered
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0016| to any person not employed by that facility prior to that
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0017| date."
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0018| Section 5. Section 33-1-18 NMSA 1978 (being Laws 1990
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0019| (1st. S.S.), Chapter 5, Section 1, as amended) is amended to
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0020| read:
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0021| "33-1-18. [FUNDS] FUND CREATED.--There [are] is
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0022| created in the state treasury a special [funds] fund to
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0023| be known as the "corrections department building fund" [the
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0024| "Guadalupe county prison fund" and the "New Mexico prison
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0025| fund"]. The [funds] fund shall consist of money
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0001| appropriated by the legislature, from year to year, from the
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0002| income of the permanent fund and land income of which the
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0003| penitentiary of New Mexico is the beneficiary [and any other
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0004| revenues that are appropriated to the funds, other than
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0005| revenues derived from property taxes or general fund
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0006| revenues]. Income from investment of [each special] the
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0007| fund [created by this section] shall be credited to [that]
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0008| the fund. No other funds of the state shall be deposited or
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0009| paid into the corrections department building fund."
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0010| Section 6. Section 33-1-19 NMSA 1978 (being Laws 1990
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0011| (1st. S.S.), Chapter 5, Section 2, as amended by Laws 1995,
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0012| Chapter 43, Section 1 and also by Laws 1995, Chapter 215,
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0013| Section 4) is amended to read:
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0014| "33-1-19. USE OF [FUNDS] FUND. [A.] The [funds
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0015| created in or pursuant to Section 33-1-18 NMSA 1978]
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0016| corrections department building fund shall be used by the
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0017| corrections department [or the board of finance] solely for
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0018| the purpose of acquiring, [designing, constructing or
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0019| equipping] by lease or [lease-purchase, or by financing the
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0020| ownership by the corrections department through the issuance of
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0021| bonds or other obligations by the corrections department or the
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0022| board of finance, or] other means, a corrections department
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0023| central office complex, a personnel training academy, a special
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0024| incarceration alternative facility [correctional facilities]
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0025| or any combination of these facilities. [and for paying the
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0001| expenses relating to the lease, lease-purchase or financing of
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0002| these facilities. Before any of the funds created in Section
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0003| 33-1-18 NMSA 1978 may be used for any such purpose, the state
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0004| board of finance shall approve the proposed facility and the
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0005| proposed use of the funds.
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0006| B. The funds created in or pursuant to Section
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0007| 33-1-18 NMSA 1978 shall be used so that available
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0008| appropriations are devoted to the following projects:
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0009| (1) payment for the corrections department
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0010| central office complex;
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0011| (2) a correctional facility in Guadalupe
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0012| county of not less than five hundred fifty and not more than
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0013| two thousand two hundred beds;
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0014| (3) a correctional facility in Lea, Chaves or
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0015| Santa Fe county of not less than one thousand two hundred and
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0016| not more than two thousand two hundred beds; and
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0017| (4) design and construction of a support
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0018| services building, a laundry and an infirmary at the
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0019| penitentiary of New Mexico in Santa Fe.
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0020| C. The use of funds designated in Subsection B of
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0021| this section for a correctional facility in Guadalupe county
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0022| and a correctional facility in Lea, Chaves or Santa Fe county
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0023| is contingent upon construction of both facilities, so that one
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0024| of the facilities shall not be constructed unless both of the
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0025| facilities are constructed, as nearly as possible,
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0001| simultaneously.
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0002| D.] Any balance at the end of any fiscal year in
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0003| the [special funds created in Section 33-1-18 NMSA 1978 that
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0004| are] corrections department building fund that is not needed
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0005| to pay leases, loans, bonds or other financing instruments in
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0006| that fiscal year may be appropriated by the legislature for
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0007| expenditure in succeeding fiscal years by the corrections
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0008| department for corrections purpose."
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0009| Section 7. SEVERANCE TAX BONDS--PURPOSE--APPROPRIATION OF
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0010| PROCEEDS.--The state board of finance shall issue and sell
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0011| severance tax bonds in compliance with the Severance Tax
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0012| Bonding Act in an amount not to exceed forty-seven million
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0013| dollars ($47,000,000) when the corrections department certifies
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0014| the need for the issuance of the bonds. The state board of
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0015| finance shall schedule the issuance and sale of the bonds in
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0016| the most expeditious and economical manner possible upon a
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0017| finding by the board that the project has been developed
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0018| sufficiently to justify the issuance and that the project can
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0019| proceed to contract within a reasonable time. The state board
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0020| of finance shall further take the appropriate steps necessary
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0021| to comply with the Internal Revenue Code of 1986, as amended.
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0022| The proceeds from the sale of the bonds are appropriated to the
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0023| correctional facilities financing fund for the design,
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0024| construction and equipping or acquisition of a state
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0025| correctional facility in Guadalupe county, a state correctional
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0001| facility in Lea county, a male adult behavioral and mental
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0002| health facility in the Rio Grande corridor, an adult female
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0003| reintegration facility in the Rio Grande corridor and a male
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0004| juvenile behavioral and mental health facility in the Rio
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0005| Grande corridor and acquisition of prefabricated juvenile
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0006| facilities at the youth development and diagnostic center and
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0007| the New Mexico boys' school at Springer as provided in Section
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0008| 1 of this act. Any unexpended or unencumbered balance remaining
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0009| six months after completion of a project shall revert to the
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0010| severance tax bonding fund. If the corrections department has
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0011| not certified the need for the issuance of the bonds by the end
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0012| of fiscal year 1999, the authorization provided in this section
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0013| shall be void.
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0014| Section 8. APPROPRIATIONS.--
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0015| A. Six million dollars ($6,000,000) is appropriated
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0016| from the general fund to the development training fund for
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0017| expenditure in fiscal year 1998 and subsequent fiscal years.
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0018| B. One million dollars ($1,000,000) is appropriated
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0019| from the general fund to the state engineer for expenditure in
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0020| fiscal years 1998 and 1999 for the purpose of conducting a
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0021| comprehensive statewide water resources study, which includes
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0022| combining other ongoing or completed studies' data, and
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0023| compiling an assessment of water rights and water resources,
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0024| quantities, qualities and locations.
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0025| Section 9. REPEAL.--
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0001| A. Section 7-27-5.22 NMSA 1978 (being Laws 1995,
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0002| Chapter 215, Section 2) is repealed.
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0003| B. Laws 1995, Chapter 214, Section 2 is repealed.
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0004| Section 10. EFFECTIVE DATE.--
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0005| A. The effective date of the provisions of Sections
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0006| 3 and 8 of this act is July 1, 1997.
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0007| B. The effective date of the provisions of Section
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0008| 2 of this act is August 1, 1997.
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0009| Section 11. EMERGENCY.--It is necessary for the public
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0010| peace, health and safety that this act take effect immediately.
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0011|
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0012| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
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0013| SENATE BILL 1054
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0014| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0015|
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0016|
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0017|
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0018|
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0019|
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0020|
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0021|
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0022| AN ACT
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0023| RELATING TO REVENUES; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX
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0024| BONDS AND NEW MEXICO FINANCE AUTHORITY REVENUE BONDS FOR
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0025| ACQUISITION OF CORRECTIONAL FACILITIES; REMOVING A CREDIT
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0001| AGAINST THE GROSS RECEIPTS TAX FOR MUNICIPAL GROSS RECEIPTS
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0002| TAXES PAID; CREATING FUNDS; MAKING DISTRIBUTIONS; EXPANDING THE
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0003| GOVERNMENTAL GROSS RECEIPTS TAX; AMENDING, REPEALING AND
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0004| ENACTING SECTIONS OF THE NMSA 1978; MAKING APPROPRIATIONS;
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0005| DECLARING AN EMERGENCY.
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0006|
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0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0008| Section 1. [NEW MATERIAL] CORRECTIONAL FACILITIES
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0009| ACQUISITION FUND CREATED.--
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0010| A. The "correctional facilities acquisition fund"
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0011| is created in the state treasury. The fund shall consist of
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0012| severance tax bond proceeds and New Mexico finance authority
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0013| revenue bond proceeds deposited in the fund and appropriations
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0014| to the fund. Except as provided in Subsection C of this
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0015| section, balances in the fund at the end of any fiscal year
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0016| shall remain in the fund. Earnings from investment of the fund
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0017| shall be credited to the fund.
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0018| B. Money in the correctional facilities acquisition
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0019| fund is available for appropriation by the legislature for the
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0020| acquisition of correctional facilities.
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0021| C. Upon certification by the secretary of
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0022| corrections and the secretary of general services to the
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0023| department of finance and administration that no additional
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0024| money is needed from the correctional facilities acquisition
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0025| fund for the acquisition of correctional facilities, any
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0001| balance remaining in the fund shall be transferred to the
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0002| general fund.
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0003| Section 2. [NEW MATERIAL] PUBLIC HEALTH, SAFETY AND
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0004| WELFARE FUND CREATED.--The "public health, safety and welfare
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0005| fund" is created in the state treasury. The fund shall consist
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0006| of money distributed to the fund pursuant to Section 7-9-82
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0007| NMSA 1978. Money in the fund may be appropriated by the
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0008| legislature for any general governmental purpose. Balances in
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0009| the fund at the end of any fiscal year shall remain in the
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0010| fund. Earnings from investment of the fund shall be credited
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0011| to the fund.
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0012| Section 3. A new section of the New Mexico Finance
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0013| Authority Act is enacted to read:
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0014| "[NEW MATERIAL] CORRECTIONAL FACILITIES DEBT SERVICE
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0015| FUND CREATED.--
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0016| A. The "correctional facilities debt service fund" is
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0017| created within the authority. The fund shall be administered by
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0018| the authority as a separate account. The authority may create
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0019| such subaccounts as the authority deems necessary to carry out the
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0020| purposes of the fund. The authority is authorized to establish
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0021| procedures as required to administer the fund in accordance with
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0022| the New Mexico Finance Authority Act.
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0023| B. The correctional facilities debt service fund shall
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0024| consist of money distributed to the fund for the purpose of
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0025| acquiring correctional facilities.
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0001| C. Money appropriated to pay administrative costs and
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0002| money available for administrative costs from other sources shall
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0003| not be deposited in the correctional facilities debt service fund
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0004| but shall be deposited in a separate account of the authority and
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0005| may be used by the authority to meet administrative costs of the
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0006| authority. The authority is authorized to deduct administrative
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0007| costs annually from the fund prior to making the transfer required
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0008| by Subsection F of this section.
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0009| D. Money in the correctional facilities debt service
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0010| fund not needed for immediate disbursement, including any money
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0011| held in reserve, may be deposited with the state treasurer for
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0012| short-term investment pursuant to Section 6-10-10.1 NMSA 1978 or
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0013| may be invested in direct and general obligations of or
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0014| obligations fully and unconditionally guaranteed by the United
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0015| States, obligations issued by agencies of the United States,
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0016| obligations of this state or any political subdivision of the
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0017| state, interest-bearing time deposits, commercial paper issued by
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0018| corporations organized and operating in the United States and
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0019| rated "prime" quality by a national rating service or as otherwise
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0020| provided by the trust indenture or bond resolution, if money in
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0021| the fund is pledged for or to secure payment of bonds issued by
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0022| the authority.
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0023| E. The authority shall establish fiscal controls and
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0024| accounting procedures that are sufficient to assure proper
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0025| accounting for correctional facilities debt service fund payments,
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0001| disbursements and balances.
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0002| F. At the end of any fiscal year, after all debt
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0003| service charges, replenishment of reserves and administrative
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0004| costs on all outstanding revenue bonds, notes or other obligations
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0005| payable from the correctional facilities debt service fund are
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0006| satisfied, the balance remaining in the correctional facilities
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0007| debt service fund shall be transferred by the authority to the
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0008| general fund for appropriation by the legislature."
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0009| Section 4. Section 6-24-24 NMSA 1978 (being Laws 1995,
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0010| Chapter 155, Section 24) is amended to read:
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0011| "6-24-24. DISPOSITION OF REVENUE.--
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0012| A. As nearly as practical, an amount equal to at least
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0013| fifty percent of the gross annual revenues from the sale of
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0014| lottery tickets shall be returned to the public in the form of
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0015| lottery prizes.
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0016| B. The authority shall transmit all net revenues to
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0017| the state treasurer, who shall deposit sixty percent of the
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0018| revenues in the public school capital outlay fund for expenditure
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0019| pursuant to the provisions of the Public School Capital Outlay Act
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0020| and forty percent in the lottery tuition fund. Estimated net
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0021| revenues shall be transmitted monthly to the state treasurer for
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0022| deposit in the funds, provided the total amount of annual net
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0023| revenues for the fiscal year shall be transmitted no later than
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0024| August 1 each year.
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0025| C. In determining net revenues, operating expenses of
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0001| the lottery include all costs incurred in the operation and
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0002| administration of the lottery and all costs resulting from any
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0003| contracts entered into for the purchase or lease of goods or
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0004| services required by the lottery, including but not limited to,
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0005| the costs of supplies, materials, tickets, independent audit
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0006| services, independent studies, data transmission, advertising,
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0007| promotion, incentives, public relations, communications,
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0008| commissions paid to lottery retailers, printing, distribution of
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0009| tickets, purchases of annuities or investments to be used to pay
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0010| future installments of winning lottery tickets, debt service and
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0011| payment of any revenue bonds issued, contingency reserves,
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0012| transfers to the reserve fund and any other necessary costs
|
0013| incurred in carrying out the provisions of the New Mexico Lottery
|
0014| Act.
|
0015| D. An amount up to two percent of the gross annual
|
0016| revenues shall be set aside as a reserve fund to cover bonuses and
|
0017| incentive plans for lottery retailers, special promotions for
|
0018| retailers, purchasing special promotional giveaways, sponsoring
|
0019| special promotional events, compulsive gambling rehabilitation and
|
0020| such other purposes as the board deems necessary to maintain the
|
0021| integrity and meet the revenue goals of the lottery. The board
|
0022| shall report annually to the governor and each regular session of
|
0023| the legislature on the use of the money in the reserve fund. Any
|
0024| balance in excess of fifty thousand dollars ($50,000) at the end
|
0025| of any fiscal year shall be transferred to the lottery tuition
|
0001| fund.
|
0002| E. As used in this section, "gross annual revenues"
|
0003| does not include governmental gross receipts tax collected or
|
0004| paid."
|
0005| Section 5. Section 7-1-6.38 NMSA 1978 (being Laws 1994,
|
0006| Chapter 145, Section 1, as amended) is amended to read:
|
0007| "7-1-6.38. DISTRIBUTION--GOVERNMENTAL GROSS RECEIPTS TAX.--
|
0008| A. A distribution pursuant to Section 7-1-6.1 NMSA
|
0009| 1978 shall be made to the correctional facilities debt service
|
0010| fund administered by the New Mexico finance authority in an amount
|
0011| equal to the net receipts attributable to the governmental gross
|
0012| receipts tax imposed on the receipts from operation of the New
|
0013| Mexico state lottery.
|
0014| B. From the balance remaining after the distribution
|
0015| in Subsection A of this section of the net receipts attributable
|
0016| to the governmental gross receipts tax:
|
0017| [A.] (1) a distribution pursuant to Section
|
0018| 7-1-6.1 NMSA 1978 shall be made to the public project revolving
|
0019| fund administered by the New Mexico finance authority in an amount
|
0020| equal to seventy-five percent of that balance of the net
|
0021| receipts attributable to the governmental gross receipts tax;
|
0022| and
|
0023| [B.] (2) a distribution pursuant to Section
|
0024| 7-1-6.1 NMSA 1978 shall be made to the energy, minerals and
|
0025| natural resources department in an amount equal to twenty-five
|
0001| percent of that balance of the net receipts attributable to the
|
0002| governmental gross receipts tax. Forty percent of the
|
0003| distribution is appropriated to the energy, minerals and natural
|
0004| resources department to implement the provisions of the New Mexico
|
0005| Youth Conservation Corps Act, and sixty percent of the
|
0006| distribution is appropriated to the energy, minerals and natural
|
0007| resources department for state park and recreation area capital
|
0008| improvements, including the costs of planning, engineering,
|
0009| design, construction, renovation, repair, equipment and
|
0010| furnishings.
|
0011| C. The state pledges to and agrees with the holders of
|
0012| any bonds or notes issued by the New Mexico finance authority or
|
0013| by the energy, minerals and natural resources department and
|
0014| payable from the net receipts attributable to the governmental
|
0015| gross receipts tax distributed to the New Mexico finance authority
|
0016| or the energy, minerals and natural resources department pursuant
|
0017| to this section that the state will not limit, reduce or alter the
|
0018| distribution of the net receipts attributable to the governmental
|
0019| gross receipts tax to the New Mexico finance authority or the
|
0020| energy, minerals and natural resources department; limit, reduce,
|
0021| alter or exempt any of the receipts of governmental entities
|
0022| subject to the governmental gross receipts tax; or limit, reduce
|
0023| or alter the rate of imposition of the governmental gross receipts
|
0024| tax until the bonds or notes together with the interest thereon
|
0025| are fully met and discharged or provision has been made for their
|
0001| full payment and discharge. The New Mexico finance authority and
|
0002| the energy, minerals and natural resources department are
|
0003| authorized to include this pledge and agreement of the state in
|
0004| any agreement with the holders of the bonds or notes."
|
0005| Section 6. Section 7-9-3.2 NMSA 1978 (being Laws 1991,
|
0006| Chapter 8, Section 1, as amended) is amended to read:
|
0007| "7-9-3.2. ADDITIONAL DEFINITION.--As used in the Gross
|
0008| Receipts and Compensating Tax Act, "governmental gross receipts"
|
0009| means all receipts of the state [of New Mexico] or any agency,
|
0010| institution, instrumentality or political subdivision thereof
|
0011| from:
|
0012| A. the sale of tangible personal property other than
|
0013| water from facilities open to the general public;
|
0014| B. the performance of or admissions to recreational,
|
0015| athletic or entertainment services or events in facilities open to
|
0016| the general public;
|
0017| C. refuse collection, refuse disposal or both;
|
0018| D. sewage services; [and]
|
0019| E. the sale of water by a utility owned or operated by
|
0020| a county, municipality or other political subdivision of the
|
0021| state; and
|
0022| F. the operation of a lottery.
|
0023| "Governmental gross receipts" includes receipts from the
|
0024| sale of tangible personal property handled on consignment when
|
0025| sold from facilities open to the general public but excludes cash
|
0001| discounts taken and allowed, governmental gross receipts tax
|
0002| payable on transactions reportable for the period and any type of
|
0003| time-price differential."
|
0004| Section 7. Section 7-9-82 NMSA 1978 (being Laws 1986,
|
0005| Chapter 20, Section 68, as amended) is amended to read:
|
0006| "7-9-82. [CREDIT--GROSS RECEIPTS TAX--MUNICIPAL GROSS
|
0007| RECEIPTS TAX PAID] DISTRIBUTION--AMOUNT EQUAL TO A PERCENTAGE OF
|
0008| MUNICIPAL GROSS RECEIPTS TAX. [A credit shall be allowed for
|
0009| each reporting period against the gross receipts tax for] After
|
0010| August 1, 1997, from the net receipts attributable to the gross
|
0011| receipts tax a distribution pursuant to Section 7-1-6.1 NMSA 1978
|
0012| shall be made to the public health, safety and welfare fund in an
|
0013| amount equal to:
|
0014| A. [an] the amount of the municipal gross receipts
|
0015| tax equal to one-half of one percent of the taxable gross receipts
|
0016| for which [the taxpayer is] taxpayers are liable for that
|
0017| reporting period [imposed by a municipality pursuant to Section
|
0018| 7-19D-4 NMSA 1978 if that municipality has imposed] to
|
0019| municipalities that have imposed a total municipal gross receipts
|
0020| tax rate of at least one-half of one percent [or] pursuant to
|
0021| Section 7-19D-4 NMSA 1978; and
|
0022| B. [an] the amount of the municipal gross receipts
|
0023| tax equal to one-fourth of one percent of the taxable gross
|
0024| receipts for which [the taxpayer is] taxpayers are liable for
|
0025| that reporting period [imposed by a municipality pursuant to
|
0001| Section 17-19D-4 NMSA 1978 if that municipality has imposed] to
|
0002| municipalities that have imposed a total municipal gross receipts
|
0003| tax rate of one-fourth of one percent pursuant to Section 7-19D-4
|
0004| NMSA 1978."
|
0005| Section 8. NEW MEXICO FINANCE AUTHORITY--REVENUE BONDS--
|
0006| PURPOSE--APPROPRIATION OF PROCEEDS.--The New Mexico finance
|
0007| authority may issue and sell revenue bonds, payable solely from
|
0008| the correctional facilities debt service fund, in compliance with
|
0009| the provisions of the New Mexico Finance Authority Act in
|
0010| installments or at one time in an amount necessary to provide net
|
0011| proceeds of twenty-one million dollars ($21,000,000) for the
|
0012| acquisition of correctional facilities and for payment of the
|
0013| costs of issuance of the bonds and establishing necessary reserves
|
0014| for the bonds, when the corrections department certifies the need
|
0015| for the issuance of the bonds. Twenty-one million dollars
|
0016| ($21,000,000) of the proceeds from the bonds shall be deposited in
|
0017| the correctional facilities acquisition fund for appropriation by
|
0018| the legislature for acquisition of correctional facilities.
|
0019| Section 9. SEVERANCE TAX BONDS--PURPOSE--APPROPRIATION OF
|
0020| PROCEEDS.--The state board of finance shall issue and sell
|
0021| severance tax bonds in compliance with the Severance Tax Bonding
|
0022| Act in an amount not to exceed forty-four million dollars
|
0023| ($44,000,000) when the corrections department certifies the need
|
0024| for the issuance of the bonds. The state board of finance shall
|
0025| schedule the issuance and sale of the bonds in the most
|
0001| expeditious and economical manner possible upon a finding by the
|
0002| board that the project has been developed sufficiently to justify
|
0003| the issuance and that the project can proceed to contract within a
|
0004| reasonable time. The state board of finance shall further take
|
0005| the appropriate steps necessary to comply with the Internal
|
0006| Revenue Code of 1986, as amended. The proceeds from the sale of
|
0007| the bonds shall be deposited in the correctional facilities
|
0008| acquisition fund for appropriation by the legislature for
|
0009| acquisition of correctional facilities. Any unexpended or
|
0010| unencumbered balance remaining six months after completion of a
|
0011| project shall revert to the severance tax bonding fund. If the
|
0012| corrections department has not certified the need for the issuance
|
0013| of the bonds by the end of fiscal year 1999, the authorization
|
0014| provided in this section shall be void.
|
0015| Section 10. APPROPRIATION.--Twenty-eight million dollars
|
0016| ($28,000,000) is appropriated from the general fund to the
|
0017| correctional facilities acquisition fund in fiscal year 1998 for
|
0018| appropriation by the legislature for acquisition of correctional
|
0019| facilities.
|
0020| Section 11. REPEAL.--
|
0021| A. Section 7-27-5.22 NMSA 1978 (being Laws 1995,
|
0022| Chapter 215, Section 2, as amended) is repealed.
|
0023| B. Laws 1995, Chapter 214, Section 2 is repealed.
|
0024| Section 12. EFFECTIVE DATE.--
|
0025| A. The effective date of the provisions of Sections 4,
|
0001| 6, 7 and 10 of this act is July 1, 1997.
|
0002| B. The effective date of the provisions of Section 5
|
0003| of this act is August 1, 1997.
|
0004| Section 13. EMERGENCY.--It is necessary for the public
|
0005| peace, health and safety that this act take effect immediately
|
0006| FORTY-THIRD LEGISLATURE
|
0007| FIRST SESSION
|
0008|
|
0009|
|
0010| March 16, 1997
|
0011|
|
0012|
|
0013| SENATE FLOOR AMENDMENT number _______ to SENATE FINANCE COMMITTEE
|
0014| SUBSTITUTE FOR
|
0015| SENATE BILL 1054
|
0016|
|
0017| Amendment sponsored by Senator Manny M. Aragon
|
0018|
|
0019|
|
0020| 1. On page 1, line 13, after the semicolon strike the
|
0021| remainder of the line, strike all of line 14 and on line 15, strike
|
0022| "TAXES PAID" and insert in lieu thereof "INCREASING THE RATE OF THE
|
0023| CIGARETTE TAX AND DISTRIBUTING THE ADDITIONAL REVENUES".
|
0024|
|
0025| 2. On page 2, strike Section 2 in its entirety.
|
0001|
|
0002| 3. Renumber the succeeding sections accordingly.
|
0003|
|
0004| 4. On page 6, between lines 11 and 12, insert the following
|
0005| new section:
|
0006|
|
0007| "Section 4. Section 7-1-6.11 NMSA 1978 (being Laws 1983,
|
0008| Chapter 211, Section 16, as amended) is amended to read:
|
0009|
|
0010| "7-1-6.11. DISTRIBUTIONS OF CIGARETTE TAXES.--
|
0011|
|
0012| A. A distribution pursuant to Section 7-1-6.1 NMSA 1978
|
0013| shall be made to the county and municipality recreational fund in an
|
0014| amount equal to [four and three-quarters] three and twenty-three
|
0015| hundredths percent of the net receipts, exclusive of penalties and
|
0016| interest, attributable to the cigarette tax.
|
0017|
|
0018| B. A distribution pursuant to Section 7-1-6.1 NMSA 1978
|
0019| shall be made to the county and municipal cigarette tax fund in an
|
0020| amount equal to [nine and one-half] six and forty-five
|
0021| hundredths percent of the net receipts, exclusive of penalties and
|
0022| interest, attributable to the cigarette tax.
|
0023|
|
0024| C. A distribution pursuant to Section 7-1-6.1 NMSA 1978
|
0025| shall be made to the cancer center at the university of New Mexico
|
0001| school of medicine in an amount equal to [four and three-quarters]
|
0002| twelve and nine-tenths percent of the net receipts, exclusive of
|
0003| penalties and interest, attributable to the cigarette tax.
|
0004|
|
0005| D. A distribution pursuant to Section 7-1-6.1 NMSA 1978
|
0006| shall be made to the New Mexico finance authority in an amount equal
|
0007| to [seven and one-eighth] four and eighty-three hundredths
|
0008| percent of the net receipts, exclusive of penalties and interest,
|
0009| attributable to the cigarette tax.
|
0010|
|
0011| E. A distribution pursuant to Section 7-1-6.1 NMSA 1978
|
0012| shall be made to the board of regents of the university of New
|
0013| Mexico in an amount equal to three and twenty-three hundredths
|
0014| percent of the net receipts, exclusive of penalties and interest,
|
0015| attributable to the cigarette tax for the purpose of establishing a
|
0016| special chair for genetics research.
|
0017|
|
0018| F. A distribution pursuant to Section 7-1-6.1 NMSA 1978
|
0019| shall be made to the state fair commission in an amount equal to
|
0020| three and twenty-three hundredths percent of the net receipts,
|
0021| exclusive of penalties and interest, attributable to the cigarette
|
0022| tax for the purpose of conducting the New Mexico state fair.
|
0023|
|
0024| G. A distribution pursuant to Section 7-1-6.1 NMSA 1978
|
0025| shall be made to the office of cultural affairs in an amount equal
|
0001| to twelve and nine-tenths percent of the net receipts, exclusive of
|
0002| penalties and interest, attributable to the cigarette tax to be
|
0003| distributed as follows for the following purposes:
|
0004|
|
0005| (1) three-fourths of the distribution to the board of
|
0006| directors of the New Mexico Hispanic cultural center for any
|
0007| necessary design, construction or equipping of the Hispanic cultural
|
0008| center and thereafter for the operation of the Hispanic cultural
|
0009| center;
|
0010| (2) one-eighth of the distribution to the New Mexico
|
0011| farm and ranch heritage museum division for operation of the New
|
0012| Mexico farm and ranch heritage museum; and
|
0013|
|
0014| (3) one-eighth of the distribution to the board of
|
0015| trustees of the New Mexico museum of natural history and science for
|
0016| operation of that museum.
|
0017|
|
0018| G. A distribution pursuant to Section 7-1-6.1 NMSA 1978
|
0019| shall be made to the brain injury services fund in an amount equal
|
0020| to three and twenty-three hundredths percent of the net receipts,
|
0021| exclusive of penalties and interest, attributable to the cigarette
|
0022| tax, contingent upon enactment into law of Senate Bill 37 or other
|
0023| bill of the first session of the forty-third legislature creating
|
0024| the fund."".
|
0025|
|
0001| 5. Renumber the succeeding sections accordingly.
|
0002|
|
0003| 6. On pages 9 and 10, strike Section 7 in its entirety and
|
0004| insert in lieu thereof:
|
0005|
|
0006| "Section 7. Section 7-12-3 NMSA 1978 (being Laws 1971, Chapter
|
0007| 77, Section 3, as amended) is amended to read:
|
0008|
|
0009| "7-12-3. EXCISE TAX ON CIGARETTES--RATES.--
|
0010|
|
0011| A. For the privilege of selling, giving or consuming
|
0012| cigarettes in New Mexico, there is levied an excise tax at the rate
|
0013| of [one and five hundredths cents ($.0105)] one and fifty-five
|
0014| hundredths cents ($.0155) for each cigarette sold, given or
|
0015| consumed in this state.
|
0016|
|
0017| B. The tax imposed by this section shall be referred to as
|
0018| the "cigarette tax"."".
|
0019|
|
0020| 7. On page 12, line 1, strike "4" and insert in lieu thereof
|
0021| "3".
|
0022|
|
0023| 8. On page 12, line 3, strike "Section" and insert in lieu
|
0024| thereof "Sections 4 and".
|
0025|
|
0001|
|
0002|
|
0003|
|
0004|
|
0005|
|
0006|
|
0007| __________________________
|
0008| Manny M. Aragon
|
0009|
|
0010|
|
0011|
|
0012| Adopted ___________________ Not Adopted _______________________
|
0013| (Chief Clerk) (Chief Clerk)
|
0014|
|
0015|
|
0016| Date _________________
|
0017| State of New Mexico
|
0018| House of Representatives
|
0019|
|
0020| FORTY-THIRD LEGISLATURE
|
0021| FIRST SESSION, 1997
|
0022|
|
0023|
|
0024| March 18, 1997
|
0025|
|
0001|
|
0002| Mr. Speaker:
|
0003|
|
0004| Your TAXATION AND REVENUE COMMITTEE, to whom has been
|
0005| referred
|
0006|
|
0007| SENATE FINANCE COMMITTEE SUBSTITUTE
|
0008| FOR SENATE BILL 1054, as amended
|
0009|
|
0010| has had it under consideration and reports same with recommendation
|
0011| that it DO NOT PASS, but that
|
0012|
|
0013| HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE
|
0014| FOR SENATE FINANCE COMMITTEE SUBSTITUTE
|
0015| FOR SENATE BILL 1054
|
0016|
|
0017| DO PASS, and thence referred to the APPROPRIATIONS AND
|
0018| FINANCE COMMITTEE.
|
0019|
|
0020| Respectfully submitted,
|
0021|
|
0022|
|
0023|
|
0024|
|
0025| Jerry W. Sandel, Chairman
|
0001|
|
0002|
|
0003| Adopted Not Adopted
|
0004| (Chief Clerk)
|
0005| (Chief Clerk)
|
0006|
|
0007| Date
|
0008|
|
0009| The roll call vote was 11 For 1 Against
|
0010| Yes: 11
|
0011| No: Parsons
|
0012| Excused: Crook
|
0013| Absent: None
|
0014|
|
0015| G:\BILLTEXT\BILLW_97\S1054 HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE FOR
|
0016| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
|
0017|
|
0018| SENATE BILL 1054
|
0019| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0020|
|
0021|
|
0022|
|
0023|
|
0024|
|
0025|
|
0001|
|
0002| AN ACT
|
0003| RELATING TO REVENUES; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX
|
0004| BONDS AND NEW MEXICO FINANCE AUTHORITY REVENUE BONDS FOR
|
0005| ACQUISITION OF CORRECTIONAL FACILITIES; AUTHORIZING THE
|
0006| CORRECTIONS DEPARTMENT TO ENTER INTO CONTRACTS TO HOUSE
|
0007| INMATES; CREATING A FUND; MAKING DISTRIBUTIONS; EXPANDING THE
|
0008| GOVERNMENTAL GROSS RECEIPTS TAX; AMENDING, REPEALING AND
|
0009| ENACTING SECTIONS OF THE NMSA 1978; REPEALING A SECTION OF LAWS
|
0010| 1995; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
|
0011|
|
0012| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0013| Section 1. A new section of the New Mexico Finance
|
0014| Authority Act is enacted to read:
|
0015| "[NEW MATERIAL] CORRECTIONAL FACILITIES DEBT SERVICE
|
0016| FUND CREATED.--
|
0017| A. The "correctional facilities debt service fund" is
|
0018| created within the authority. The fund shall be administered
|
0019| by the authority as a separate account. The authority may
|
0020| create such subaccounts as the authority deems necessary to
|
0021| carry out the purposes of the fund. The authority is
|
0022| authorized to establish procedures as required to administer
|
0023| the fund in accordance with the New Mexico Finance Authority
|
0024| Act.
|
0025| B. The correctional facilities debt service fund
|
0001| shall consist of money distributed to the fund for the purpose
|
0002| of acquiring correctional facilities.
|
0003| C. Money appropriated to pay administrative costs and
|
0004| money available for administrative costs from other sources
|
0005| shall not be deposited in the correctional facilities debt
|
0006| service fund but shall be deposited in a separate account of
|
0007| the authority and may be used by the authority to meet
|
0008| administrative costs of the authority. The authority is
|
0009| authorized to deduct administrative costs annually from the
|
0010| fund prior to making the transfer required by Subsection F of
|
0011| this section.
|
0012| D. Money in the correctional facilities debt service
|
0013| fund not needed for immediate disbursement, including any money
|
0014| held in reserve, may be deposited with the state treasurer for
|
0015| short-term investment pursuant to Section 6-10-10.1 NMSA 1978
|
0016| or may be invested in direct and general obligations of or
|
0017| obligations fully and unconditionally guaranteed by the United
|
0018| States, obligations issued by agencies of the United States,
|
0019| obligations of this state or any political subdivision of the
|
0020| state, interest-bearing time deposits, commercial paper issued by
|
0021| corporations organized and operating in the United States and
|
0022| rated "prime" quality by a national rating service or as otherwise
|
0023| provided by the trust indenture or bond resolution, if money in
|
0024| the fund is pledged for or to secure payment of bonds issued by
|
0025| the authority.
|
0001| E. The authority shall establish fiscal controls and
|
0002| accounting procedures that are sufficient to assure proper
|
0003| accounting for correctional facilities debt service fund payments,
|
0004| disbursements and balances.
|
0005| F. At the end of any fiscal year, after all debt service
|
0006| charges, replenishment of reserves and administrative costs on all
|
0007| outstanding revenue bonds, notes or other obligations payable from
|
0008| the correctional facilities debt service fund are satisfied, the
|
0009| balance remaining in the correctional facilities debt service fund
|
0010| shall be transferred by the authority to the public project
|
0011| revolving fund for public projects as authorized by the
|
0012| legislature."
|
0013| Section 2. Section 6-24-24 NMSA 1978 (being Laws 1995,
|
0014| Chapter 155, Section 24) is amended to read:
|
0015| "6-24-24. DISPOSITION OF REVENUE.--
|
0016| A. As nearly as practical, an amount equal to at least
|
0017| fifty percent of the gross annual revenues from the sale of
|
0018| lottery tickets shall be returned to the public in the form of
|
0019| lottery prizes.
|
0020| B. The authority shall transmit all net revenues to the
|
0021| state treasurer, who shall deposit sixty percent of the revenues
|
0022| in the public school capital outlay fund for expenditure pursuant
|
0023| to the provisions of the Public School Capital Outlay Act and
|
0024| forty percent in the lottery tuition fund. Estimated net revenues
|
0025| shall be transmitted monthly to the state treasurer for deposit in
|
0001| the funds, provided the total amount of annual net revenues for
|
0002| the fiscal year shall be transmitted no later than August 1 each
|
0003| year.
|
0004| C. In determining net revenues, operating expenses of
|
0005| the lottery include all costs incurred in the operation and
|
0006| administration of the lottery and all costs resulting from any
|
0007| contracts entered into for the purchase or lease of goods or
|
0008| services required by the lottery, including but not limited to,
|
0009| the costs of supplies, materials, tickets, independent audit
|
0010| services, independent studies, data transmission, advertising,
|
0011| promotion, incentives, public relations, communications,
|
0012| commissions paid to lottery retailers, printing, distribution of
|
0013| tickets, purchases of annuities or investments to be used to pay
|
0014| future installments of winning lottery tickets, debt service and
|
0015| payment of any revenue bonds issued, contingency reserves,
|
0016| transfers to the reserve fund and any other necessary costs
|
0017| incurred in carrying out the provisions of the New Mexico Lottery
|
0018| Act.
|
0019| D. An amount up to two percent of the gross annual
|
0020| revenues shall be set aside as a reserve fund to cover bonuses and
|
0021| incentive plans for lottery retailers, special promotions for
|
0022| retailers, purchasing special promotional giveaways, sponsoring
|
0023| special promotional events, compulsive gambling rehabilitation and
|
0024| such other purposes as the board deems necessary to maintain the
|
0025| integrity and meet the revenue goals of the lottery. The board
|
0001| shall report annually to the governor and each regular session of
|
0002| the legislature on the use of the money in the reserve fund. Any
|
0003| balance in excess of fifty thousand dollars ($50,000) at the end
|
0004| of any fiscal year shall be transferred to the lottery tuition
|
0005| fund.
|
0006| E. As used in this section, "gross annual revenues"
|
0007| does not include governmental gross receipts tax collected or
|
0008| paid."
|
0009| Section 3. Section 7-1-6.38 NMSA 1978 (being Laws 1994,
|
0010| Chapter 145, Section 1, as amended) is amended to read:
|
0011| "7-1-6.38. DISTRIBUTION--GOVERNMENTAL GROSS RECEIPTS TAX.--
|
0012| A. A distribution pursuant to Section 7-1-6.1 NMSA 1978
|
0013| shall be made to the correctional facilities debt service fund
|
0014| administered by the New Mexico finance authority in an amount
|
0015| equal to the net receipts attributable to the governmental gross
|
0016| receipts tax imposed on the receipts from operation of the New
|
0017| Mexico state lottery.
|
0018| B. From the balance remaining after the distribution in
|
0019| Subsection A of this section of the net receipts attributable to
|
0020| the governmental gross receipts tax:
|
0021| [A.] (1) a distribution pursuant to Section
|
0022| 7-1-6.1 NMSA 1978 shall be made to the public project revolving
|
0023| fund administered by the New Mexico finance authority in an amount
|
0024| equal to seventy-five percent of that balance of the net
|
0025| receipts attributable to the governmental gross receipts tax;
|
0001| and
|
0002| [B.] (2) a distribution pursuant to Section
|
0003| 7-1-6.1 NMSA 1978 shall be made to the energy, minerals and
|
0004| natural resources department in an amount equal to twenty-five
|
0005| percent of that balance of the net receipts attributable to the
|
0006| governmental gross receipts tax. Forty percent of the
|
0007| distribution is appropriated to the energy, minerals and natural
|
0008| resources department to implement the provisions of the New Mexico
|
0009| Youth Conservation Corps Act, and sixty percent of the
|
0010| distribution is appropriated to the energy, minerals and natural
|
0011| resources department for state park and recreation area capital
|
0012| improvements, including the costs of planning, engineering,
|
0013| design, construction, renovation, repair, equipment and
|
0014| furnishings.
|
0015| C. The state pledges to and agrees with the holders of
|
0016| any bonds or notes issued by the New Mexico finance authority or
|
0017| by the energy, minerals and natural resources department and
|
0018| payable from the net receipts attributable to the governmental
|
0019| gross receipts tax distributed to the New Mexico finance authority
|
0020| or the energy, minerals and natural resources department pursuant
|
0021| to this section that the state will not limit, reduce or alter the
|
0022| distribution of the net receipts attributable to the governmental
|
0023| gross receipts tax to the New Mexico finance authority or the
|
0024| energy, minerals and natural resources department; limit, reduce,
|
0025| alter or exempt any of the receipts of governmental entities
|
0001| subject to the governmental gross receipts tax; or limit, reduce
|
0002| or alter the rate of imposition of the governmental gross receipts
|
0003| tax until the bonds or notes together with the interest thereon
|
0004| are fully met and discharged or provision has been made for their
|
0005| full payment and discharge. The New Mexico finance authority and
|
0006| the energy, minerals and natural resources department are
|
0007| authorized to include this pledge and agreement of the state in
|
0008| any agreement with the holders of the bonds or notes."
|
0009| Section 4. Section 7-9-3.2 NMSA 1978 (being Laws 1991,
|
0010| Chapter 8, Section 1, as amended) is amended to read:
|
0011| "7-9-3.2. ADDITIONAL DEFINITION.--As used in the Gross
|
0012| Receipts and Compensating Tax Act, "governmental gross receipts"
|
0013| means all receipts of the state [of New Mexico] or any agency,
|
0014| institution, instrumentality or political subdivision thereof
|
0015| from:
|
0016| A. the sale of tangible personal property other than
|
0017| water from facilities open to the general public;
|
0018| B. the performance of or admissions to recreational,
|
0019| athletic or entertainment services or events in facilities open to
|
0020| the general public;
|
0021| C. refuse collection, refuse disposal or both;
|
0022| D. sewage services; [and]
|
0023| E. the sale of water by a utility owned or operated by a
|
0024| county, municipality or other political subdivision of the state;
|
0025| and
|
0001| F. the operation of a lottery.
|
0002| "Governmental gross receipts" includes receipts from the sale
|
0003| of tangible personal property handled on consignment when sold
|
0004| from facilities open to the general public but excludes cash
|
0005| discounts taken and allowed, governmental gross receipts tax
|
0006| payable on transactions reportable for the period and any type of
|
0007| time-price differential."
|
0008| Section 5. [NEW MATERIAL] CONTRACT TO HOUSE ADULT FEMALE
|
0009| INMATES IN A REINTEGRATION FACILITY.--
|
0010| A. The corrections department shall solicit proposals
|
0011| for the purpose of entering into a contract with a private
|
0012| detention facility pursuant to Subsection G of Section 31-20-2
|
0013| NMSA 1978 to operate an adult female reintegration facility.
|
0014| B. The facility contracting with the corrections
|
0015| department pursuant to Subsection A of this section shall:
|
0016| (1) be privately financed, designed, constructed
|
0017| and operated by the contractor; provided that a facility financed
|
0018| by bonds issued pursuant to the Industrial Revenue Bond Act or the
|
0019| County Industrial Revenue Bond Act and sold to the contractor
|
0020| shall be privately financed by the contractor for the purposes of
|
0021| this paragraph;
|
0022| (2) consist of a two-hundred-fifty-bed adult female
|
0023| reintegration facility that is adjacent to a four-hundred-bed
|
0024| medium-security correctional facility that is located in the
|
0025| middle Rio Grande corridor; and
|
0001| (3) certify that the facility was built by a
|
0002| primary contractor and subcontractors that:
|
0003| (a) maintain their primary places of business
|
0004| in New Mexico;
|
0005| (b) hired laborers for construction of the
|
0006| facility as employees, rather than as independent contractors, and
|
0007| who are New Mexico residents;
|
0008| (c) provided health care benefits, retirement
|
0009| benefits and unemployment insurance to their employees working on
|
0010| construction of the facility; and
|
0011| (d) maintain apprenticeship programs for their
|
0012| employees.
|
0013| C. The corrections department shall solicit proposals
|
0014| and award any contract under this section in accordance with the
|
0015| provisions of the Procurement Code. The contract shall include
|
0016| such terms and conditions as the department may require after
|
0017| consultation with the general services department; provided that
|
0018| the terms and conditions shall include provisions that:
|
0019| (1) set forth comprehensive standards for
|
0020| conditions of incarceration;
|
0021| (2) require the facility to meet or exceed
|
0022| corrections department standards and meet appropriate
|
0023| certification requirements within one year after beginning
|
0024| operation and remain accredited through the life of the contract;
|
0025| (3) require the contractor to assume all liability
|
0001| caused by or arising out of all aspects of the provision or
|
0002| operation of the facility;
|
0003| (4) require liability insurance or other proof of
|
0004| financial responsibility acceptable to the general services
|
0005| department that covers the contractor and its officers, employees
|
0006| and agents in an amount sufficient to cover all liability caused
|
0007| by or arising out of all aspects of the provision or operation of
|
0008| the facility;
|
0009| (5) require termination for cause upon ninety days'
|
0010| notice to the contractor for failure to meet contract provisions
|
0011| when such failure seriously affects the availability or operation
|
0012| of the facility;
|
0013| (6) provide that venue for enforcement of the
|
0014| contract shall be in the district court for Santa Fe county;
|
0015| (7) require continuation of the contract to be
|
0016| subject to the availability of funds;
|
0017| (8) provide that compliance with the contract shall
|
0018| be monitored by the corrections department and the contract may be
|
0019| terminated for noncompliance; and
|
0020| (9) payments under the contract shall be made only
|
0021| on a per diem per inmate basis without any additional or separate
|
0022| charge for capital costs.
|
0023| Section 6. [NEW MATERIAL] CONTRACT TO HOUSE ADJUDICATED
|
0024| DELINQUENTS IN A CARE, REHABILITATION AND TREATMENT FACILITY.--
|
0025| A. The children, youth and families department shall
|
0001| solicit proposals for the purpose of entering into a contract with
|
0002| a private care, rehabilitation and treatment facility to house
|
0003| male adjudicated delinquents committed to the children, youth and
|
0004| families department.
|
0005| B. The facility contracting with the children, youth and
|
0006| families department pursuant to Subsection A of this section
|
0007| shall:
|
0008| (1) be privately financed, designed, constructed
|
0009| and operated by the contractor; provided that a facility financed
|
0010| by bonds issued pursuant to the Industrial Revenue Bond Act or the
|
0011| County Industrial Revenue Bond Act and sold to the contractor
|
0012| shall be privately financed by the contractor for the purposes of
|
0013| this paragraph;
|
0014| (2) consist of one hundred fifty beds and provide
|
0015| care, rehabilitation and treatment for male adjudicated
|
0016| delinquents;
|
0017| (3) be located in the middle Rio Grande corridor;
|
0018| and
|
0019| (4) certify that the facility was built by a
|
0020| primary contractor and subcontractors that:
|
0021| (a) maintain their primary places of business
|
0022| in New Mexico;
|
0023| (b) hired laborers for construction of the
|
0024| facility as employees, rather than as independent contractors, and
|
0025| who are New Mexico residents;
|
0001| (c) provided health care benefits, retirement
|
0002| benefits and unemployment insurance to their employees working on
|
0003| construction of the facility; and
|
0004| (d) maintain apprenticeship programs for their
|
0005| employees.
|
0006| C. The children, youth and families department shall
|
0007| solicit proposals and award any contract under this section in
|
0008| accordance with the provisions of the Procurement Code. The
|
0009| contract shall include such terms and conditions as the department
|
0010| may require after consultation with the general services
|
0011| department; provided that the terms and conditions shall include
|
0012| provisions that:
|
0013| (1) set forth comprehensive standards for
|
0014| conditions of incarceration;
|
0015| (2) require the facility to meet or exceed
|
0016| applicable juvenile detention facility standards and meet
|
0017| appropriate certification requirements within one year after
|
0018| beginning operation and remain accredited through the life of the
|
0019| contract;
|
0020| (3) require the contractor to assume all liability
|
0021| caused by or arising out of all aspects of the provision or
|
0022| operation of the facility;
|
0023| (4) require liability insurance or other proof of
|
0024| financial responsibility acceptable to the general services
|
0025| department that covers the contractor and its officers, employees
|
0001| and agents in an amount sufficient to cover all liability caused
|
0002| by or arising out of all aspects of the provision or operation of
|
0003| the facility;
|
0004| (5) require termination for cause upon ninety days'
|
0005| notice to the contractor for failure to meet contract provisions
|
0006| when such failure seriously affects the availability or operation
|
0007| of the facility;
|
0008| (6) provide that venue for enforcement of the
|
0009| contract shall be in the district court for Santa Fe county;
|
0010| (7) require continuation of the contract to be
|
0011| subject to the availability of funds;
|
0012| (8) provide that compliance with the contract shall
|
0013| be monitored by the children, youth and families department and
|
0014| the contract may be terminated for noncompliance; and
|
0015| (9) payments under the contract shall be made only
|
0016| on a per diem per inmate basis without any additional or separate
|
0017| charge for capital costs.
|
0018| Section 7. NEW MEXICO FINANCE AUTHORITY--PUBLIC PROJECT
|
0019| APPROVAL.--Pursuant to the provisions of Section 6-21-6 NMSA 1978,
|
0020| the legislature authorizes the New Mexico finance authority to
|
0021| issue and sell revenue bonds in installments or at one time in an
|
0022| amount not to exceed twenty million dollars ($20,000,000) payable
|
0023| solely from the public project revolving fund for the acquisition
|
0024| of correctional facilities on terms and conditions established by
|
0025| the authority when the corrections department certifies the need
|
0001| for the issuance of the bonds. The net proceeds from the sale of
|
0002| the bonds shall be appropriated by the legislature for the
|
0003| acquisition of correctional facilities, subject to the provisions
|
0004| and requirements in Section 13 of this act for those facilities.
|
0005| Section 8. NEW MEXICO FINANCE AUTHORITY--GOVERNMENTAL GROSS
|
0006| RECEIPTS TAX REVENUE BONDS--PURPOSE.--The New Mexico finance
|
0007| authority may issue and sell revenue bonds, payable solely from
|
0008| governmental gross receipts tax revenues distribution to the
|
0009| correctional facilities debt service fund, in compliance with the
|
0010| provisions of the New Mexico Finance Authority Act in installments
|
0011| or at one time in an amount necessary to provide net proceeds of
|
0012| twenty-one million dollars ($21,000,000) for the acquisition of
|
0013| correctional facilities and for payment of the costs of issuance
|
0014| of the bonds and establishing necessary reserves for the bonds,
|
0015| when the corrections department certifies the need for the
|
0016| issuance of the bonds. The net proceeds from the bonds shall be
|
0017| appropriated by the legislature for acquisition of correctional
|
0018| facilities, subject to the provisions and requirements in Section
|
0019| 13 of this act for those facilities. Any unexpended or
|
0020| unencumbered balance remaining six months after completion of a
|
0021| project shall revert to the public project revolving fund for
|
0022| appropriation by the legislature for public projects pursuant to
|
0023| the provisions of the New Mexico Finance Authority Act. If the
|
0024| corrections department has not certified the need for the issuance
|
0025| of the bonds by the end of fiscal year 1999, the authorization
|
0001| provided in this section shall be void.
|
0002| Section 9. SEVERANCE TAX BONDS--PURPOSE.--The state board of
|
0003| finance shall issue and sell severance tax bonds in compliance
|
0004| with the Severance Tax Bonding Act in an amount not to exceed
|
0005| forty-four million dollars ($44,000,000) when the corrections
|
0006| department certifies the need for the issuance of the bonds. The
|
0007| state board of finance shall schedule the issuance and sale of the
|
0008| bonds in the most expeditious and economical manner possible upon
|
0009| a finding by the board that the project has been developed
|
0010| sufficiently to justify the issuance and that the project can
|
0011| proceed to contract within a reasonable time. The state board of
|
0012| finance shall further take the appropriate steps necessary to
|
0013| comply with the Internal Revenue Code of 1986, as amended. The
|
0014| proceeds from the sale of the bonds shall be appropriated by the
|
0015| legislature for acquisition of correctional facilities subject to
|
0016| the provisions and requirements in Section 13 of this act for
|
0017| those facilities. Any unexpended or unencumbered balance
|
0018| remaining six months after completion of a project shall revert to
|
0019| the severance tax bonding fund. If the corrections department has
|
0020| not certified the need for the issuance of the bonds by the end of
|
0021| fiscal year 1999, the authorization provided in this section shall
|
0022| be void.
|
0023| Section 10. APPROPRIATIONS--HOUSING INMATES OUT OF STATE.--
|
0024| A. One million one hundred thousand dollars ($1,100,000)
|
0025| is appropriated from the general fund to the corrections
|
0001| department for expenditure in fiscal year 1997 for the purpose of
|
0002| paying for adult male inmates transferred to out-of-state
|
0003| correctional facilities for a period not to exceed twelve months
|
0004| to relieve overcrowding in state correctional facilities and
|
0005| paying for accompanying costs, including medical costs and
|
0006| transportation costs. Any unexpended or unencumbered balance
|
0007| remaining at the end of fiscal year 1997 shall revert to the
|
0008| general fund.
|
0009| B. One million eight hundred thousand dollars
|
0010| ($1,800,000) is appropriated from the general fund to the
|
0011| corrections department for expenditure in fiscal year 1998 for the
|
0012| purpose of paying for adult male inmates transferred to out-of-
|
0013| state correctional facilities for a period not to exceed twelve
|
0014| months and paying for accompanying costs, including medical costs
|
0015| and transportation costs. Any unexpended or unencumbered balance
|
0016| remaining at the end of fiscal year 1998 shall revert to the
|
0017| general fund.
|
0018| Section 11. APPROPRIATION--HOUSING INMATES IN CIBOLA
|
0019| COUNTY--CONTRACT PROVISIONS.--
|
0020| A. Two million dollars ($2,000,000) is appropriated from
|
0021| the general fund to the corrections department for expenditure in
|
0022| fiscal year 1998 to contract with Cibola county to house
|
0023| additional inmates at the Cibola county corrections center. Any
|
0024| unexpended or unencumbered balance remaining at the end of fiscal
|
0025| year 1998 shall revert to the general fund.
|
0001| B. The contract entered into pursuant to Subsection A of
|
0002| this section shall provide:
|
0003| (1) that the total number of state inmates housed
|
0004| at the Cibola county corrections center shall equal five hundred
|
0005| fifty-two medium-security inmates and one hundred seventy-six
|
0006| minimum restrict inmates; and
|
0007| (2) that the corrections department shall not
|
0008| reduce the number of inmates housed at the Cibola county
|
0009| corrections center below the numbers specified in Paragraph (1) of
|
0010| this subsection unless it has first removed all similarly
|
0011| classified state inmates from all other private or county operated
|
0012| correctional facilities.
|
0013| Section 12. APPROPRIATION--PREFABRICATED JUVENILE DETENTION
|
0014| FACILITIES.--Five million dollars ($5,000,000) of the proceeds of
|
0015| the general obligation bonds for juvenile correctional and
|
0016| rehabilitative facilities approved by the voters in the 1996
|
0017| general election is appropriated to the children, youth and
|
0018| families department for expenditure in fiscal years 1997 and 1998
|
0019| to acquire a fifty-bed prefabricated juvenile detention facility
|
0020| at the youth development and diagnostic center in Albuquerque and
|
0021| a fifty-bed prefabricated facility at the New Mexico boys' school
|
0022| at Springer.
|
0023| Section 13. ACQUISITION OF CORRECTIONAL FACILITIES--
|
0024| CONDITIONS--APPROPRIATIONS.--
|
0025| A. The corrections department shall solicit proposals
|
0001| for the purpose of acquiring correctional facilities in Guadalupe
|
0002| county, Lea county and the middle Rio Grande corridor as provided
|
0003| in this section. The department shall solicit proposals
|
0004| separately for each correctional facility.
|
0005| B. The appropriations in this section for correctional
|
0006| facilities are contingent upon the enactment into law of House
|
0007| Taxation and Revenue Committee Substitute for Senate Finance
|
0008| Committee Substitute for Senate Bill 1273 of the first session of
|
0009| the forty-third legislature.
|
0010| C. The following amounts from the following sources are
|
0011| appropriated to the corrections department for expenditure in
|
0012| fiscal years 1997 through 1999 for the acquisition of a six-
|
0013| hundred-bed correctional facility in Guadalupe county:
|
0014| (1) three million dollars ($3,000,000) of the
|
0015| proceeds from the issuance of governmental gross receipts tax
|
0016| revenue bonds by the New Mexico finance authority pursuant to
|
0017| Section 8 of this act;
|
0018| (2) twenty million dollars ($20,000,000) of the
|
0019| proceeds from public project revenue bonds issued by the New
|
0020| Mexico finance authority pursuant to Section 7 of this act; and
|
0021| (3) eight million dollars ($8,000,000) of the
|
0022| proceeds from the severance tax bonds issued pursuant to Section 9
|
0023| of this act.
|
0024| D. The following amounts from the following sources are
|
0025| appropriated to the corrections department for expenditure in
|
0001| fiscal years 1997 through 1999 for the acquisition of an eight-
|
0002| hundred-bed correctional facility in Lea county:
|
0003| (1) thirteen million dollars ($13,000,000) from the
|
0004| general fund; and
|
0005| (2) eighteen million dollars ($18,000,000) of the
|
0006| proceeds from the governmental gross receipts tax revenue bonds
|
0007| issued by the New Mexico finance authority pursuant to Section 8
|
0008| of this act.
|
0009| E. Thirty-six million dollars ($36,000,000) of the
|
0010| proceeds from the severance tax bonds issued pursuant to Section 9
|
0011| of this act is appropriated to the corrections department for
|
0012| expenditure in fiscal years 1997 through 1999 in the following
|
0013| amounts for the acquisition of the following facilities to be
|
0014| located adjacent to each other in the middle Rio Grande corridor:
|
0015|
|
0016| (1) twenty-one million dollars ($21,000,000) for a
|
0017| correctional facility with four hundred medium-security beds for
|
0018| adult male inmates; and
|
0019| (2) fifteen million dollars ($15,000,000) for a
|
0020| four-hundred-bed adult male in-prison substance abuse treatment
|
0021| facility.
|
0022| F. Each county or political subdivisions in the county
|
0023| in which a correctional facility is to be located pursuant to
|
0024| Subsections C and D of this section shall provide land for the
|
0025| facility site and arrange for utilities, roads and related
|
0001| infrastructure needs to the property line of the facility site in
|
0002| the form of in-kind contributions. In addition, the city of Hobbs
|
0003| and Lea county shall contribute jointly ten million dollars
|
0004| ($10,000,000) in local matching funds for the correctional
|
0005| facility project authorized in Lea county pursuant to Subsection D
|
0006| of this section.
|
0007| G. Any unexpended or unencumbered balance from the
|
0008| general fund appropriation in Paragraph (1) of Subsection D of
|
0009| this section remaining at the end of fiscal year 1999 shall revert
|
0010| to the general fund.
|
0011| H. No contract for the acquisition of a facility shall
|
0012| be entered into pursuant to Subsections C through E of this
|
0013| section unless the secretary of corrections certifies that the
|
0014| facility will be built by a primary contractor and subcontractors
|
0015| that:
|
0016| (1) maintain their primary places of business in
|
0017| New Mexico;
|
0018| (2) hire laborers for construction of the facility
|
0019| as employees, rather than as independent contractors, and who are
|
0020| New Mexico residents;
|
0021| (3) provide health care benefits, retirement
|
0022| benefits and unemployment insurance to their employees working on
|
0023| construction of the facility; and
|
0024| (4) maintain apprenticeship programs for their
|
0025| employees.
|
0001| Section 14. REPEAL.--
|
0002| A. Section 7-27-5.22 NMSA 1978 (being Laws 1995, Chapter
|
0003| 215, Section 2, as amended) is repealed.
|
0004| B. Laws 1995, Chapter 214, Section 2 is repealed.
|
0005| Section 15. EFFECTIVE DATE.--
|
0006| A. The effective date of the provisions of Sections 2, 4
|
0007| and 11 of this act is July 1, 1997.
|
0008| B. The effective date of the provisions of Section 3 of
|
0009| this act is August 1, 1997.
|
0010| Section 16. EMERGENCY.--It is necessary for the public
|
0011| peace, health and safety that this act take effect immediately.
|
0012|
|