44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO CAPITAL EXPENDITURES; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX BONDS; REAUTHORIZING UNEXPENDED OR UNENCUMBERED BALANCES; CHANGING THE PURPOSE OF CERTAIN BOND AUTHORIZATIONS; 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 board 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 board 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 2002, 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 2004 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, ten million dollars ($10,000,000) is appropriated to the capital program fund to continue converting the state's microwave radio system from analog to digital technology.

Section 3. 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, five hundred thousand dollars ($500,000) is appropriated to the wastewater facility construction loan fund to carry out the provisions of the Wastewater Facility Construction Loan Act.

Section 4. MINERS' TRUST FUND--PURPOSES.--

A. One hundred twenty-eight thousand dollars ($128,000) is appropriated from the miners' trust fund to the miners' Colfax medical center for expenditure in fiscal years 2000 and 2001 in the following amounts for the following purposes:

(1) fifty thousand dollars ($50,000) to purchase a high-speed computer tomography scanner;

(2) thirty-three thousand dollars ($33,000) to purchase an infant ventilator; and

(3) forty-five thousand dollars ($45,000) to purchase a tractor.

B. Any unexpended or unencumbered balance remaining at the end of fiscal year 2001 shall revert to the miners' trust fund.

Section 5. 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 the following purposes:

A. three million dollars ($3,000,000) for infrastructure renovation, deferred maintenance, site utility piping, improvements and roof repairs at higher educational institutions throughout the state;

B. two million dollars ($2,000,000) to make improvements at higher educational institutions and constitutional special schools throughout the state to meet the requirements of the federal Americans with Disabilities Act of 1990; and

C. five million dollars ($5,000,000) for information technology at higher educational institutions and constitutional special schools throughout the state.

Section 6. GENERAL FUND--EDUCATIONAL TECHNOLOGY FUND--PURPOSE.--Five hundred thousand dollars ($500,000) is appropriated from the general fund to the educational technology fund for expenditure in fiscal year 2000 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--CLYDE TOMBAUGH SPACE THEATER AND PLANETARIUM--SEVERANCE TAX BONDS--CHANGE IN PURPOSE.--The severance tax bond proceeds appropriated to the office of cultural affairs pursuant to Subsection F of Section 4 of Chapter 118 of Laws 1998 to reroof the Clyde Tombaugh space theater and planetarium in Alamogordo in Otero county shall not be expended for the original purpose, but are appropriated to upgrade and make improvements to the Tombaugh space theater and planetarium, including compliance with uniform building codes and to meet the requirements of the federal Americans with Disabilities Act of 1990.

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.