44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CAPITAL EXPENDITURES; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX BONDS; REAUTHORIZING UNEXPENDED OR UNENCUMBERED BALANCES; CHANGING THE PURPOSE OF CERTAIN BOND AUTHORIZATIONS; EXTENDING THE EXPENDITURE PERIODS; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SEVERANCE TAX BONDS--AUTHORIZATIONS--

APPROPRIATION OF PROCEEDS.--

A. The state board of finance may issue and sell severance tax bonds in compliance with the Severance Tax Bonding Act in an amount not to exceed the total of the amounts authorized for purposes specified in this act. The state board of finance shall schedule the issuance and sale of the bonds in the most expeditious and economical manner possible upon a finding by the board that the project has been developed sufficiently to justify the issuance and that the project can proceed to contract within a reasonable time. The state board of finance shall further take the appropriate steps necessary to comply with the Internal Revenue Code of 1986, as amended. Proceeds from the sale of the bonds are appropriated for the purposes specified in this act.

B. The agencies named in this act shall certify to the state board of finance when the money from the proceeds of the severance tax bonds authorized in this section is needed for the purposes specified in the applicable section of this act.

C. If the specified agency has not certified the need for the issuance of the bonds by the end of fiscal year 2001, the authorization provided in this act shall be void.

D. Unless otherwise specified in this act, any unexpended or unencumbered balance remaining from the proceeds of severance tax bonds issued pursuant to this act at the end of fiscal year 2003 shall revert to the severance tax bonding fund.

Section 2. SEVERANCE TAX BONDS--GENERAL SERVICES DEPARTMENT--PURPOSES.--Pursuant to the provisions of Section 1 of this act, upon certification by the property control division of the general services department that the need exists for the issuance of the bonds, the following amounts are appropriated to the capital program fund for the following purposes:

A. five hundred thousand dollars ($500,000) for repairs to state buildings located throughout the state; and

B. one million dollars ($1,000,000) to plan, design and make improvements to buildings located throughout the state, including necessary improvements to comply with the Americans With Disabilities Act of 1990.

Section 3. SEVERANCE TAX BONDS--COMMISSION ON HIGHER EDUCATION--PURPOSES.--Pursuant to the provisions of Section 1 of this act, upon certification by the commission on higher education that the need exists for the issuance of the bonds, ten million dollars ($10,000,000) is appropriated to the commission on higher education for infrastructure improvements, including necessary replacements and expansions of aging centralized systems, at higher education institutions and constitutional special schools throughout the state.

Section 4. SEVERANCE TAX BONDS--DEPARTMENT OF ENVIRONMENT--PURPOSE.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of environment that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the wastewater facility construction loan fund to carry out the provisions of the Wastewater Facility Construction Loan Act.

Section 5. STATE ROAD FUND--PURPOSE.--

A. Two million forty-three thousand dollars ($2,043,000) is appropriated from the state road fund for expenditure in fiscal years 1999 and 2000 for capital repairs and improvements in the following amounts for the following purposes:

(1) seven hundred seventy-eight thousand dollars ($778,000) for capital repairs and improvements at the Belen patrol yard;

(2) five hundred fifty-three thousand dollars ($553,000) for capital repairs and improvements at the Raton patrol yard; and

(3) seven hundred twelve thousand dollars ($712,000) for capital repairs and improvements at the Vaughn patrol yard.

B. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the state road fund.

Section 6. GENERAL FUND--EDUCATIONAL TECHNOLOGY FUND--PURPOSE.--Six hundred thousand dollars ($600,000) is appropriated from the general fund to the educational technology fund for expenditure in fiscal year 1999 and subsequent fiscal years for the purpose of implementing the provisions of the Technology for Education Act. Any unexpended or unencumbered balance remaining at the end of any fiscal year shall not revert.

Section 7. REAUTHORIZATION--CANONCITO MULTIPURPOSE BUILDING--SEVERANCE TAX BONDS--CHANGE IN PURPOSE--EXTENSION OF EXPENDITURE PERIOD.--The severance tax bond proceeds appropriated to the New Mexico office of Indian affairs pursuant to Subsection A of Section 9 of Chapter 4 of Laws 1996 (1st S.S.) to plan, design or construct a multipurpose building at the Canoncito chapter in Bernalillo county shall not be expended for the original purpose but are appropriated to renovate or improve the multipurpose building at the Canoncito chapter. Severance tax bonds appropriated to the New Mexico office of Indian affairs pursuant to Subsection A of Section 9 of Chapter 4 of Laws 1996 (1st S.S.) may be expended through fiscal year 2002. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the severance tax bonding fund.

Section 8. PROJECT SCOPE--EXPENDITURES.--If an appropriation for a project authorized in this act is not sufficient to complete all the purposes specified, the appropriation may be expended for any portion of the purposes specified in the appropriation. Expenditures shall not be made for purposes other than those specified in the appropriation.

Section 9. ART IN PUBLIC PLACES.--Pursuant to Section 13-4A-4 NMSA 1978 and where applicable, the appropriations authorized in this act include one percent for the art in public places fund.

Section 10. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.