SENATE BILL 163

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Carlos R. Cisneros

 

 

 

 

 

AN ACT

RELATING TO CAPITAL EXPENDITURES; REAUTHORIZING OR REAPPROPRIATING BALANCES, EXPANDING OR CHANGING PURPOSES, EXTENDING EXPENDITURE PERIODS, 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.

          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.

          B. Except as provided in Subsection C of this section, the balance of an appropriation made from the general fund or other state fund shall revert pursuant to Subsection A of this section to the originating fund.

          C. 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.

          D. 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. MANUELITO CHAPTER SENIOR CENTER--CHANGE TO MULTIPURPOSE BUILDING--CHANGE AGENCY--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the aging and long- term services department in Subsection 19 of Section 5 of Chapter 226 of Laws 2013 to plan, design and construct a senior center in the Manuelito chapter of the Navajo Nation in McKinley county shall not be expended for the original purpose but is appropriated to the Indian affairs department to plan, design and construct a multipurpose building in the Manuelito chapter.

      SECTION 4. LOS RANCHOS DE ATRISCO ACEQUIA LITTLE GARDENS LATERAL--CHANGE AGENCY--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the interstate stream commission in Subsection 1 of Section 29 of Chapter 226 of Laws 2013 to plan, design and construct improvements to the Little Gardens lateral of Los Ranchos de Atrisco acequia in Bernalillo county is appropriated to the middle Rio Grande conservancy district for that purpose.

     SECTION 5. SOUTH VALLEY MULTIPURPOSE FAMILY SERVICES CENTER--CHANGE TO ATRISCO COMMUNITY ADULT DAYCARE AND RESPITE FACILITY--CHANGE AGENCY--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division of the department of finance and administration in Subparagraph (a) of Paragraph (8) of Subsection A of Section 18 of Chapter 105 of Laws 2010 for a multipurpose family services center in the south valley in Bernalillo county shall not be expended for the original purpose but is appropriated to the aging and long-term services department to purchase land and a building and to plan, design, renovate, construct, furnish and equip an adult daycare and respite facility in the Atrisco community within the city of Albuquerque in Bernalillo county. The time of expenditure is extended through fiscal year 2016.

     SECTION 6. DEAF CULTURE MULTIPURPOSE CENTER AND APARTMENT COMPLEX--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the commission for deaf and hard-of-hearing persons project originally authorized in Subsection 26 of Section 24 of Chapter 92 of Laws 2008 and reauthorized in Laws 2012, Chapter 63, Section 5 for a deaf culture multipurpose center and apartment complex for the deaf and deaf-blind in Albuquerque in Bernalillo county is extended through fiscal year 2016.

     SECTION 7. ROOSEVELT ROAD A NORTH RECONSTRUCTION--CHANGE TO ROOSEVELT COUNTY ROADS RESTORATION AND RESURFACING--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the department of transportation in Subsection 56 of Section 36 of Chapter 226 of Laws 2013 to plan, design and construct improvements, including shoulder rehabilitation, drainage and chip sealing, and to reconstruct north Roosevelt road A in Roosevelt county shall not be expended for the original purpose but is changed to plan, design and construct chip seal restoration and resurfacing on Roosevelt county roads.

     SECTION 8. SANOSTEE CHAPTER SAFETY EASEMENT--CHANGE TO UNITED STATES HIGHWAY 491 AND NAVAJO ROUTE 34 JUNCTION SAFETY IMPROVEMENTS--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the department of transportation in Subsection 57 of Section 36 of Chapter 226 of Laws 2013 to plan, design and construct a safety easement off of United States highway 491 to the Sanostee chapter of the Navajo Nation in San Juan county shall not be expended for the original purpose but is changed to plan, design and construct safety improvements at the junction of United States highway 491 and Navajo service route 34 in the Sanostee chapter.

     SECTION 9. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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