HOUSE BILL 444

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Patricia A. Lundstrom

AN ACT

RELATING TO CAPITAL OUTLAY; REVERTING CERTAIN CAPITAL OUTLAY APPROPRIATIONS TO THE TRIBAL INFRASTRUCTURE PROJECT FUND; AMENDING LAWS 2006, CHAPTER 111, SECTION 76.

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

     Section 1. Section 9-21-17 NMSA 1978 (being Laws 2005, Chapter 146, Section 1) is amended to read:

     "9-21-17. SHORT TITLE.--[This act] Sections 9-21-17 through 9-21-24 NMSA 1978 may be cited as the "Tribal Infrastructure Act"."

     Section 2. A new section of the Tribal Infrastructure Act is enacted to read:

     "[NEW MATERIAL] CAPITAL OUTLAY REVERSIONS.--

          A. The unexpended balances of a capital outlay appropriation made after July 1, 2007 from the general fund or other state fund, including changes to prior appropriations, to the department or to the aging and long-term services department for projects located on lands of an Indian nation, tribe or pueblo shall revert to the project fund.

          B. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties."

     Section 3. Laws 2006, Chapter 111, Section 76 is amended to read:

     "Section 76. REVERSIONS OF CERTAIN APPROPRIATIONS FOR INDIAN PROJECTS.--The unexpended balance, as defined in Subsection D of Section 2 of this act, of an appropriation made from the general fund or other state fund, including changes to prior appropriations, to the Indian affairs department or to the aging and long-term services department for projects located on lands of an Indian nation, tribe or pueblo, including projects that have been reauthorized, shall revert in the time frame set forth in Subsection A of Section 2 of this act to the tribal infrastructure project fund."

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