0001|                           SENATE BILL 124
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          BILLY J. McKIBBEN
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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 CORRECTIONS; AUTHORIZING THE CORRECTIONS
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0012|     DEPARTMENT TO CONTRACT WITH LEA COUNTY AND GUADALUPE COUNTY TO
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0013|     ACQUIRE CORRECTIONAL FACILITIES CURRENTLY UNDER CONSTRUCTION
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0014|     IN THOSE COUNTIES; AUTHORIZING THE CORRECTIONS DEPARTMENT TO
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0015|     ASSUME BY ASSIGNMENT FROM LEA COUNTY AND GUADALUPE COUNTY THE
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0016|     OPERATIONS CONTRACTS FOR THE CORRECTIONAL FACILITIES IN THOSE
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0017|     COUNTIES; DECLARING AN EMERGENCY.
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0018|     
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0019|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020|          Section 1.  A new section of Chapter 33, Article 1 NMSA
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0021|     1978 is enacted to read:
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0022|          "[<u>NEW MATERIAL</u>] AUTHORITY TO ACQUIRE CORRECTIONAL
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0023|     FACILITIES IN LEA COUNTY AND GUADALUPE COUNTY--ASSUMPTION OF
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0024|     OPERATIONS CONTRACTS--TERMS AND CONDITIONS.--
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0025|               A.  The corrections department is authorized to
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0001|     contract with Lea county and Guadalupe county to acquire
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0002|     correctional facilities currently under construction in those
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0003|     counties pursuant to a contract between the counties and an
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0004|     independent contractor.  The acquisition of the correctional
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0005|     facilities shall be contingent upon the following:
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0006|                    (1)  completion of the construction of the
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0007|     correctional facilities;
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0008|                    (2)  certification by the corrections
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0009|     department that the correctional facilities satisfy all
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0010|     applicable physical and operational correctional design
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0011|     standards, including all applicable physical and operational
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0012|     correctional design standards set forth in the <u>Duran</u> consent
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0013|     decree; 
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0014|                    (3)  inclusion of a corrections industries
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0015|     building that is an appropriate size at each correctional
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0016|     facility; and
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0017|                    (4)  inclusion of a conjugal visitation unit
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0018|     that is an appropriate size at each correctional facility.
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0019|               B.    The state's cost of acquiring the
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0020|     correctional facilities currently under construction in Lea
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0021|     county and Guadalupe county shall not exceed sixty-nine
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0022|     million five hundred thousand dollars ($69,500,000) and shall
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0023|     include:
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0024|                    (1)  all development and construction costs
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0025|     for the correctional facilities, including the capital costs
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0001|     of corrections industries buildings and conjugal visitation
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0002|     units;
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0003|                    (2)  the independent contractor's capitalized
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0004|     interest on scheduled construction draw payments, calculated
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0005|     at nine and one-half percent; and
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0006|                    (3)  county revenue bond transactions costs
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0007|     for the correctional facilities, including the cost of issuing
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0008|     the bonds, the cost of an underwriting takedown and the cost
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0009|     of a forward delivery termination option premium.
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0010|               C.  The corrections department is authorized to
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0011|     assume by assignment from Lea county and Guadalupe county the
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0012|     operations contracts for the correctional facilities entered
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0013|     into by the counties and an independent contractor, subject to
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0014|     appropriate amendments or modifications to the operations
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0015|     contracts.  The operations contracts between the corrections
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0016|     department and the independent contractor shall be for an
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0017|     initial term of five years.  The corrections department shall
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0018|     have the option, to be exercised solely by the corrections
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0019|     department, to renew the operations contracts for two-year
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0020|     terms following the initial term of five years.  The
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0021|     operations contracts between the corrections department and
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0022|     the independent contractor shall be subject to annual
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0023|     legislative appropriations."     
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0024|          Section 2.  EMERGENCY.--It is necessary for the public
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0025|     peace, health and safety that this act take effect
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0001|     immediately.
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0002|                                  
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0003|          
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