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AN ACT

RELATING TO EXPENDITURE OF PUBLIC MONEY; REAUTHORIZING OR

REAPPROPRIATING BALANCES, EXPANDING OR CHANGING PURPOSES,

EXTENDING EXPENDITURE PERIODS, CHANGING AGENCIES AND

ESTABLISHING CONDITIONS FOR THE REVERSION OF UNEXPENDED

BALANCES OF CAPITAL OUTLAY PROJECTS APPROVED BY THE

LEGISLATURE; DECLARING AN EMERGENCY.

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

Section 1. SEVERANCE TAX BONDS--REVERSION OF UNEXPENDED

PROCEEDS.--

A. Except as otherwise provided in another section

of this act, the unexpended balance from the proceeds of

severance tax bonds issued for a project that has been

reauthorized in this act shall revert to the severance tax

bonding fund as follows:

(1) for projects for which severance tax

bonds were issued to match federal grants, six months after

completion of the projects;

(2) for projects for which severance tax

bonds were issued to purchase vehicles, including emergency

vehicles and other vehicles that require special equipment;

heavy equipment; educational technology; or other equipment or

furniture that is not related to a more inclusive construction

or renovation project, at the end of the fiscal year two years

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following the fiscal year in which the severance tax bonds

were issued for the purchase; and

(3) for all other projects for which

severance tax bonds were issued, within six months of

completion of the project, but no later than the end of fiscal

year 2011.

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 2. GENERAL FUND AND OTHER FUND APPROPRIATIONS--

LIMITATIONS--REVERSIONS.--

A. Except as otherwise provided in another section

of this act, the unexpended balance of an appropriation from

the general fund or other state fund that has been changed in

this act shall revert to the originating fund as follows:

(1) for projects for which appropriation

were made to match federal grants, six months after completion

of the project;

(2) for projects for which appropriations

were made to purchase vehicles, including emergency vehicles

and other vehicles that require special equipment; heavy

equipment; educational technology; or equipment or furniture

that is not related to a more inclusive construction or

renovation project, at the end of the fiscal year two years

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following the fiscal year in which the appropriation was made

for the purchase; and

(3) for all other projects for which

appropriations were made, within six months of completion of

the project, but no later than the end of fiscal year 2011.

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. CHANGES TO GENERAL FUND APPROPRIATIONS MADE

IN LAWS 2007, CHAPTER 2.--The following general fund

appropriations in the following sections and subsections of

Laws 2007, Chapter 2 in the following amounts are changed in

the following ways:

A. twenty-five thousand dollars ($25,000) to the

interstate stream commission in Subsection 18 of Section 25 of

Chapter 2 of Laws 2007 for improvements to the acequia de la

Concepcion in San Miguel county shall not be expended for the

original purpose but is appropriated to the department of

transportation to plan, design and construct road

improvements, including drainage, repaving and replacement of

existing structures and related improvements, to roads in San

Miguel county;

B. one hundred thousand dollars ($100,000) to the

local government division in Subsection 40 of Section 26 of

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Chapter 2 of Laws 2007 for improvements and facilities at

Avalon park in Albuquerque in Bernalillo county shall not be

expended for the original purpose but is appropriated to the

department of environment to plan, design and construct

improvements to the sewer interceptor on Coors boulevard

between Yucca drive and Central avenue in Albuquerque;

C. sixty thousand dollars ($60,000) to the local

government division in Subsection 175 of Section 26 of Chapter

2 of Laws 2007 for improvements to the community center in San

Geronimo in San Miguel county shall not be expended for the

original purpose but is appropriated to the department of

transportation to plan, design and construct improvements,

including drainage, repaving and replacement of existing

structures and related improvements, to roads in San Miguel

county;

D. fifty thousand dollars ($50,000) to the local

government division in Subsection 181 of Section 26 of Chapter

2 of Laws 2007 for a humane education and training center in

Sandoval county shall not be expended for the original purpose

but is appropriated to the department of transportation to

plan, design and construct improvements, including drainage,

repaving and replacement of existing structures and related

improvements, to roads in San Miguel county;

E. fifty thousand dollars ($50,000) to the local

government division in Subsection 198 of Section 26 of Chapter

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2 of Laws 2007 for a community facility in La Cienega in Santa

Fe county shall not be expended for the original purpose but

is appropriated to the department of transportation to plan,

design and construct improvements, including drainage,

repaving and replacement of existing structures and related

improvements, to roads in San Miguel county;

F. thirty thousand dollars ($30,000) to the

department of transportation in Subsection 43 of Section 30 of

Chapter 2 of Laws 2007 for improvements to Blanchard road,

county road B-26, shall not be expended for the original

purpose but is changed to plan, design and construct road

improvements, including drainage, repaving and replacement of

existing structures and related improvements, to various roads

in San Miguel county;

G. forty thousand dollars ($40,000) to the

department of transportation in Subsection 44 of Section 30 of

Chapter 2 of Laws 2007 for improvements to El Cerrito road

shall not be expended for the original purpose but is changed

to plan, design and construct road improvements, including

drainage, repaving and replacement of existing structures and

related improvements, to various roads in San Miguel county;

H. fifty-two thousand dollars ($52,000) to the

department of transportation in Subsection 45 of Section 30 of

Chapter 2 of Laws 2007 for improvements to roads in San

Geronimo shall not be expended for the original purpose but is

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changed to plan, design and construct road improvements,

including drainage, repaving and replacement of existing

structures and related improvements, to various roads in San

Miguel county;

I. forty-eight thousand dollars ($48,000) to the

department of transportation in Subsection 48 of Section 30 of

Chapter 2 of Laws 2007 for improvements to El Valle de los

Padres road in Pecos shall not be expended for the original

purpose but is changed to plan, design and construct road

improvements, including drainage, repaving and replacement of

existing structures and related improvements, to various roads

in San Miguel county; and

J. twenty-five thousand dollars ($25,000) to the

board of regents of New Mexico highlands university in

Subsection 2 of Section 33 of Chapter 2 of Laws 2007 for

security equipment at New Mexico highlands university in Las

Vegas in San Miguel county shall not be expended for the

original purpose but is appropriated to the local government

division to plan, design and renovate the Amador hotel for

city use in Las Cruces in Dona Ana county.

Section 4. CHANGES TO SEVERANCE TAX BOND APPROPRIATIONS

MADE IN LAWS 2007, CHAPTER 42.--The following severance tax

bond appropriations in the following sections and subsections

of Laws 2007, Chapter 42 in the following amounts are changed

in the following ways:

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A. two million dollars ($2,000,000) to the capital

program fund in Subsection 16 of Section 6 of Chapter 42 of

Laws 2007 for capital improvements and renovations at public

health clinics statewide is appropriated to the department of

health for that purpose;

B. two hundred twenty-five thousand dollars

($225,000) of the appropriation to the department of

transportation in Subsection 12 of Section 26 of Chapter 42 of

Laws 2007 for improvements to the north Belen interchange in

Valencia county shall not be expended for the original purpose

but is appropriated to the local government division of the

department of finance and administration to construct, equip

and furnish the thirteenth judicial district courthouse in Los

Lunas in Valencia county;

C. seventy-five thousand dollars ($75,000) of the

appropriation to the department of transportation in

Subsection 12 of Section 26 of Chapter 42 of Laws 2007 for

improvements to the north Belen interchange in Valencia county

shall not be expended for the original purpose but is

appropriated to the local government division to plan, design

and construct a business incubator in the southeast heights

area of Bernalillo county;

D. two hundred thousand dollars ($200,000) of the

appropriation to the department of transportation in

Subsection 12 of Section 26 of Chapter 42 of Laws 2007 for

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improvements to the north Belen interchange in Valencia county

shall not be expended for the original purpose but is

appropriated to the local government division to plan, design,

construct and equip a fire and police station in Sunland Park

in Dona Ana county;

E. one million dollars ($1,000,000) of the

appropriation to the department of transportation in

Subsection 12 of Section 26 of Chapter 42 of Laws 2007 for

improvements to the north Belen interchange in Valencia county

shall not be expended for the original purpose but is

appropriated to the department of environment to plan, design,

construct and equip the Greentree solid waste transfer station

and administration buildings in Lincoln county;

F. two hundred thousand dollars ($200,000) of the

appropriation to the department of transportation in

Subsection 12 of Section 26 of Chapter 42 of Laws 2007 for

improvements to the north Belen interchange in Valencia county

shall not be expended for the original purpose but is

appropriated to the local government division to plan, design,

construct, equip and furnish the expansion of the San Miguel

medical center in San Miguel county;

G. three hundred thousand dollars ($300,000) of

the appropriation to the department of transportation in

Subsection 12 of Section 26 of Chapter 42 of Laws 2007 for

improvements to the north Belen interchange in Valencia county

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shall not be expended for the original purpose but is

appropriated to the local government division to plan, design

and construct improvements to Casa San Ysidro, including a

visitor center and a bridge, in Corrales in Sandoval county;

and

H. one million dollars ($1,000,000) of the

appropriation to the department of transportation in

Subsection 12 of Section 26 of Chapter 42 of Laws 2007 for

improvements to the north Belen interchange in Valencia county

shall not be expended for the original purpose but is

appropriated to the economic development department to acquire

ultra-short pulse laser systems to develop new technologies in

a range of high-technology applications statewide.

Section 5. CHANGES TO GENERAL FUND APPROPRIATIONS MADE

IN LAWS 2007, CHAPTER 42.--The following general fund

appropriations in the following sections and subsections of

Laws 2007, Chapter 42 in the following amounts are changed in

the following ways:

A. nine hundred twenty-five thousand dollars

($925,000) to the thirteenth judicial district court in

Subsection 3 of Section 52 of Chapter 42 of Laws 2007 to equip

and furnish the courthouse for the thirteenth judicial

district in Los Lunas in Valencia county is appropriated to

the local government division for that purpose and may include

completing construction of that facility;

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B. twenty-five thousand dollars ($25,000) of the

appropriation to the thirteenth judicial district court in

Subsection 3 of Section 52 of Chapter 42 of Laws 2007 for the

thirteenth judicial district courthouse in Los Lunas in

Valencia county shall not be expended for the original purpose

but is appropriated to the department of finance and

administration for the New Mexico activities association all-

star project;

C. fifty thousand dollars ($50,000) of the

appropriation to the thirteenth judicial district court in

Subsection 3 of Section 52 of Chapter 42 of Laws 2007 for the

thirteenth judicial district courthouse in Los Lunas in

Valencia county shall not be expended for the original purpose

but is appropriated to the department of health to support

alternative medicine projects in Albuquerque in Bernalillo

county;

D. fifty thousand dollars ($50,000) of the

appropriation to the thirteenth judicial district court in

Subsection 3 of Section 52 of Chapter 42 of Laws 2007 for the

thirteenth judicial district courthouse in Los Lunas in

Valencia county shall not be expended for the original purpose

but is appropriated to the board of regents of the university

of New Mexico for the college preparatory mentoring for eighth

graders project in the Albuquerque public school district in

Bernalillo county;

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E. twenty-five thousand dollars ($25,000) of the

appropriation to the thirteenth judicial district court in

Subsection 3 of Section 52 of Chapter 42 of Laws 2007 for the

thirteenth judicial district courthouse in Los Lunas in

Valencia county shall not be expended for the original purpose

but is appropriated to the board of regents of the university

of New Mexico for the inter-American cooperation and

development project;

F. twenty-five thousand dollars ($25,000) of the

appropriation to the thirteenth judicial district court in

Subsection 3 of Section 52 of Chapter 42 of Laws 2007 for the

thirteenth judicial district courthouse in Los Lunas in

Valencia county shall not be expended for the original purpose

but is appropriated to the board of regents of the university

of New Mexico for Native American foundation projects;

G. fifty thousand dollars ($50,000) of the

appropriation to the thirteenth judicial district court in

Subsection 3 of Section 52 of Chapter 42 of Laws 2007 for the

thirteenth judicial district courthouse in Los Lunas in

Valencia county shall not be expended for the original purpose

but is appropriated to the board of regents of the university

of New Mexico for the regional studies project;

H. fifty thousand dollars ($50,000) to the energy,

minerals and natural resources department in Subsection 1 of

Section 56 of Chapter 42 of Laws 2007 to plan, design and

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construct a multipurpose trail along Fort Selden road in Dona

Ana county is appropriated to the department of transportation

for that purpose;

I. three hundred thousand dollars ($300,000) of

the appropriation to the local government division in

Subsection 420 of Section 68 of Chapter 42 of Laws 2007 for

the Animas community center shall not be expended for the

original purpose but is changed to plan, design, construct,

equip and furnish a detention center in Hidalgo county;

J. two hundred thousand dollars ($200,000) of the

appropriation to the local government division in Subsection

421 of Section 68 of Chapter 42 of Laws 2007 for an emergency

management building in Hidalgo county shall not be expended

for the original purpose but is changed to plan, design,

construct, equip and furnish a detention center in Hidalgo

county;

K. one hundred thousand dollars ($100,000) of the

appropriation to the local government division in Subsection

421 of Section 68 of Chapter 42 of Laws 2007 for an emergency

management building in Hidalgo county shall not be expended

for the original purpose but is appropriated to the public

education department for vocational, athletic and playground

equipment in the Las Vegas city public school district in San

Miguel county;

L. one million dollars ($1,000,000) to the local

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government division in Subsection 441 of Section 68 of Chapter

42 of Laws 2007 for an equestrian facility in Lincoln county

shall not be expended for the original purpose but is changed

to plan, design, construct and equip a civic center in Silver

City in Grant county;

M. five hundred thousand dollars ($500,000) to the

local government division in Subsection 580 of Section 68 of

Chapter 42 of Laws 2007 to purchase, plan, design, construct

and equip exhibits for the international science and

engineering fair in Sandoval county is changed for that

purpose in Bernalillo county;

N. two hundred fifty thousand dollars ($250,000)

to the department of transportation in Subsection 83 of

Section 75 of Chapter 42 of Laws 2007 for an airport in

Hagerman shall not be expended for the original purpose but is

appropriated to the local government division to plan, design

and construct, including infrastructure, an industrial park in

Hagerman in Chaves county; and

O. five hundred twenty-five thousand dollars

($525,000) of the appropriation to the local government

division in Subsection 202 of Section 68 of Chapter 42 of Laws

2007 to purchase land for open space in Los Ranchos de

Albuquerque in Bernalillo county shall not be expended for the

original purpose but is changed to purchase land for open

space near Anderson fields in Los Ranchos de Albuquerque in

Bernalillo county.

Section 6. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.

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