HOUSE BILL 20
48th legislature - STATE OF NEW MEXICO - second special session, 2008
INTRODUCED BY
Ray Begaye
AN ACT
RELATING TO EXPENDITURE OF PUBLIC MONEY; REAUTHORIZING OR REAPPROPRIATING BALANCES, EXPANDING OR CHANGING PURPOSES, CHANGING AGENCIES AND ESTABLISHING CONDITIONS FOR THE REVERSION OF UNEXPENDED BALANCES OF APPROPRIATIONS MADE BY THE LEGISLATURE IN PRIOR YEARS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SEVERANCE TAX BONDS--REVERSION OF PROCEEDS.--
A. Except as otherwise provided in another section of this act:
(1) 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:
(a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or
(b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law that originally authorized the severance tax bonds or the time frame set forth in any law that has previously reauthorized the expenditure of the proceeds, whichever is later; and
(2) all remaining balances 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 three months after the reversion date for the unexpended balances whether or not any of the remaining balances are subject to a contractual obligation to third parties.
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--REVERSIONS.--
A. Except as otherwise provided in another section of this act:
(1) the unexpended balance of an appropriation from the general fund or other state fund that has been changed in this act shall revert:
(a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or
(b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law in which the original appropriation was made or the time frame set forth in any law that has previously changed the appropriation, whichever is later; and
(2) all remaining balances of an appropriation from the general fund or other state fund that has been changed in this act shall revert three months after the reversion date for the unexpended balance whether or not any of the remaining balances are subject to a contractual obligation to third parties.
B. Except as provided in Subsection D of this section, the balance of an appropriation made from the general fund shall revert pursuant to Subsection A of this section to the capital projects fund.
C. Except as provided in Subsection D of this section, the balance of an appropriation made from other state funds shall revert pursuant to Subsection A of this section to the originating fund.
D. The balance of an appropriation made from the general fund or other state fund to the Indian affairs department or the aging and long-term services department for a project located on lands of an Indian nation, tribe or pueblo shall revert pursuant to Subsection A of this section to the tribal infrastructure project fund.
E. 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. SHIPROCK DOMESTIC VIOLENCE SHELTER TRANSITIONAL HOUSING FACILITY--CHANGE TO CONTINUED CONSTRUCTION OF SHELTER--GENERAL FUND.--The unexpended balance of the appropriation to the Indian affairs department in Subsection 105 of Section 66 of Chapter 42 of Laws 2007 for a twenty-unit transitional housing facility for a domestic violence shelter in Shiprock shall not be expended for the original purpose but is changed to plan, design, construct, equip and furnish the domestic violence shelter in Shiprock in San Juan county.
Section 4. AZTEC HIGH SCHOOL DORMITORY--CHANGE TO AZTEC DORMITORY FOR THE NAVAJO NATION--CHANGE AGENCY--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the public education department in Subsection 15 of Section 11 of Chapter 92 of Laws 2008 for a dormitory at Aztec high school in the Aztec municipal school district shall not be expended for the original purpose but is appropriated to the Indian affairs department to plan, design, construct, equip and furnish a dormitory for Navajo students in Aztec in San Juan county.
Section 5. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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