SENATE BILL 221
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Stuart Ingle
FOR THE CAPITOL BUILDINGS PLANNING COMMISSION
AN ACT
RELATING TO STATE BUILDINGS; AUTHORIZING STATE OFFICE BUILDING TAX REVENUE BONDS FOR AN EXECUTIVE OFFICE BUILDING; INCREASING THE AMOUNT OF A CERTAIN TAX DISTRIBUTION; EXTENDING THE EXPENDITURE PERIOD FOR CERTAIN APPROPRIATIONS; CHANGING THE PURPOSE OF CERTAIN APPROPRIATIONS; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 6-21C-4 NMSA 1978 (being Laws 2001, Chapter 199, Section 4, as amended) is amended to read:
"6-21C-4. NEW MEXICO FINANCE AUTHORITY SHALL ISSUE BUILDING BONDS--APPROPRIATION OF PROCEEDS.--
A. The New Mexico finance authority is authorized to issue and sell revenue bonds, known as "state office building tax revenue bonds", payable solely from the state building bonding fund, in compliance with the State Building Bonding Act for the purpose of acquiring state office buildings and related facilities and other critical state facilities within the master planning jurisdiction of the capitol buildings planning commission when the acquisition has been reviewed by the capitol buildings planning commission and has been authorized by legislative act and the director of the property control division of the general services department has certified the need for the issuance of the bonds; provided that the total amount of state office building tax revenue bonds outstanding at any one time shall not exceed one hundred fifteen million dollars ($115,000,000).
B. The net proceeds from the building bonds are appropriated to the property control division of the general services department for the purpose of acquiring state office buildings and related facilities and other critical state facilities within the master planning jurisdiction of the capitol buildings planning commission, the acquisition of which shall be consistent with the State Building Bonding Act and the authorizing legislation."
Section 2. Section 7-1-6.42 NMSA 1978 (being Laws 2001, Chapter 199, Section 12, as amended) is amended to read:
"7-1-6.42. DISTRIBUTION--STATE BUILDING BONDING
FUND--GROSS RECEIPTS TAX.--A distribution pursuant to
Section 7-1-6.1 NMSA 1978 shall be made to the state building bonding fund in the amount of [five hundred thirty thousand dollars ($530,000)] six hundred eighty thousand dollars ($680,000) from the net receipts attributable to the gross receipts tax imposed by the Gross Receipts and Compensating Tax Act. The distribution shall be made:
A. after the required distribution pursuant to Section 7-1-6.4 NMSA 1978;
B. contemporaneously with other distributions of net receipts attributable to the gross receipts tax for payment of debt service on outstanding bonds or to a fund dedicated for that purpose; and
C. prior to any other distribution of net receipts attributable to the gross receipts tax."
Section 3. Laws 2001, Chapter 166, Section 2, as amended by Laws 2004, Chapter 123, Section 7, Laws 2005, Chapter 320, Section 4 and by Laws 2007, Chapter 64, Section 4, is amended to read:
"Section 2. STATE OFFICE BUILDING TAX REVENUE BONDS-- AUTHORIZATION--CONTINGENCY.--
A. The New Mexico finance authority may issue and sell state office building tax revenue bonds in compliance with the State Building Bonding Act when the director of the property control division of the general services department certifies to the authority that the proceeds from the state office building tax revenue bonds are needed for one or more of the purposes specified in Laws 2001, Chapter 166, Section 1, as amended by Laws 2007, Chapter 64, Section 3 [of this 2007 act; provided that the total amount of state office building tax revenue bonds outstanding at any one time shall not exceed one hundred million dollars ($100,000,000)]. The authority shall schedule the issuance and sale of the bonds in the most expeditious and economical manner possible. Except as provided in Subsections B and C of this section, net proceeds from the sale of the bonds are appropriated to the property control division of the general services department for expenditure in fiscal year 2001 and subsequent fiscal years for the purposes specified in Laws 2001, Chapter 166, Section 1, as amended by Laws 2007, Chapter 64, Section 3 [of this 2007 act].
B. Two hundred fifty thousand dollars ($250,000) of the proceeds from the bonds issued pursuant to Subsection A of this section are appropriated to the legislative council service for expenditure in fiscal years 2004 through 2008 for the purpose of providing funding for the capitol buildings planning commission, master planning process for state facilities and for annual updates to master plans, but excluding any payments for salaries, benefits and costs of state employees. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the state building bonding fund.
C. Three hundred fifty thousand dollars ($350,000) of the proceeds from the bonds issued pursuant to Subsection A of this section are appropriated to the legislative council service for expenditure in fiscal years 2007 through [2009] 2012 for the purpose of providing funding for the capitol buildings planning commission, master planning process for state facilities and annual updates to master plans, but excluding any payments for salaries, benefits and costs of state employees. Any unexpended or unencumbered balance remaining at the end of fiscal year [2009] 2012 shall revert to the state building bonding fund."
Section 4. STATE OFFICE BUILDING TAX REVENUE BONDS--AUTHORIZATION FOR EXECUTIVE OFFICE BUILDING.--
A. The New Mexico finance authority may issue and sell state office building tax revenue bonds in compliance with the State Building Bonding Act in an amount not exceeding twenty-six million dollars ($26,000,000) when the director of the property control division of the general services department certifies to the authority that the proceeds from the state office building tax revenue bonds are needed for the purpose specified in Subsection B of this section. The authority shall schedule the issuance and sale of the bonds in the most expeditious and economical manner possible. Net proceeds from the sale of the bonds are appropriated to the property control division of the general services department for expenditure in fiscal year 2010 and subsequent fiscal years for the purpose specified in Subsection B of this section.
B. After review by the capitol buildings planning commission and pursuant to the capitol buildings master plan developed by the capitol buildings planning commission, the property control division of the general services department may plan, design, construct, equip and furnish a new executive office building in the main capitol campus in Santa Fe.
Section 5. Laws 2007, Chapter 64, Section 6 is amended to read:
"Section 6. APPROPRIATIONS.--
A. The following amounts from the following sources are appropriated to the property control division of the general services department for expenditure in fiscal years 2007 through [2009] 2011 for the acquisition of the property within the west capitol complex owned by the United States general services administration and the United States forest service. Any unexpended or unencumbered balance remaining at the end of fiscal year [2009] 2011 shall revert proportionately to the originating fund:
(1) one million five hundred thousand dollars ($1,500,000) from the property control reserve fund; and
(2) three million five hundred thousand dollars ($3,500,000) from the public buildings repair fund.
B. One million dollars ($1,000,000) is appropriated from the general fund to the property control division of the general services department for expenditure in fiscal years 2007 through 2009 for the planning and designing of a New Mexico state police crime laboratory to be located adjacent to or within close proximity to the state laboratory facility in Bernalillo county. Except as provided in Subsection C of this section, any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.
C. Of the unexpended or unencumbered balance remaining on the effective date of this 2009 act of the appropriation made in Subsection B of this section, five hundred thousand dollars ($500,000) shall not be expended for its original purpose and shall not revert at the end of fiscal year 2009 but is further appropriated to the legislative council service for expenditure in fiscal years 2009 through 2012 for the purpose of providing funding for the capitol buildings planning commission master planning process for statewide state facilities, including feasibility studies and annual updates to master plans, but excluding any payments for salaries, benefits and costs of state employees. Any unexpended or unencumbered balance of this appropriation remaining at the end of fiscal year 2012 shall revert to the general fund."
Section 6. EFFECTIVE DATE.--The effective date of the provisions of Section 2 of this act is the later of:
A. July 1, 2011; or
B. the first day of the month following the day that the chief executive officer of the New Mexico finance authority certifies to the secretary of taxation and revenue, the secretary of finance and administration, the legislative council service and the New Mexico compilation commission that the distribution is needed to make debt service payments on the bonds issued pursuant to Section 4 of this act.
Section 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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