HOUSE BILL 355
54th legislature - STATE OF NEW MEXICO - second session, 2020
INTRODUCED BY
Javier Martínez
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 OR TRANSFER 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. CHILDREN, YOUTH AND FAMILIES DEPARTMENT YOUTH DIAGNOSTIC AND DEVELOPMENT CENTER MULTIPURPOSE CENTER CONSTRUCTION--EXPAND PURPOSE--EXTEND TIME--SEVERANCE TAX BONDS.--The capital program fund project originally authorized in Subsection 3 of Section 7 of Chapter 81 of Laws 2016 to plan, design, purchase and install security and code compliance improvements and to convert the existing swimming pool into a multi-use facility at the youth diagnostic and development center in Albuquerque in Bernalillo county may include planning, designing, constructing, renovating, equipping and furnishing children, youth and families department facilities statewide. The time of expenditure is extended through fiscal year 2021.
SECTION 4. NATIONAL HISPANIC CULTURAL CENTER INFORMATION AND WELCOME CENTER CONSTRUCTION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the cultural affairs department project originally authorized in Subsection 3 of Section 7 of Chapter 66 of Laws 2014 to plan, design, construct, equip and furnish an information and welcome center at the entrance of the national Hispanic cultural center in Albuquerque in Bernalillo county and for which the time of expenditure was extended in Laws 2018, Chapter 68, Section 33 is extended through fiscal year 2021.
SECTION 5. LOS PINOS ROAD WATER CROSSING IMPROVEMENTS--CHANGE TO ACEQUIA DE LA CAPILLA IMPROVEMENTS--CHANGE AGENCY--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the department of transportation in Subsection 65 of Section 24 of Chapter 81 of Laws 2016 to plan, design and construct improvements to the water crossing at Los Pinos road in La Cienega in Santa Fe county shall not be expended for the original purpose but is appropriated to the interstate stream commission to plan, design and construct improvements to the acequia de La Capilla in La Cienega in Santa Fe county. The time of expenditure is extended through fiscal year 2021.
SECTION 6. CHILDREN, YOUTH AND FAMILIES DEPARTMENT YOUTH DIAGNOSTIC AND DEVELOPMENT CENTER MULTIPURPOSE CENTER CONSTRUCTION--EXPAND PURPOSE--EXTEND TIME--SEVERANCE TAX BONDS.--The capital program fund project originally authorized in Subsection 4 of Section 7 of Chapter 81 of Laws 2016 to plan, design, construct, purchase and improve the Manzano and Sandia cottages at the youth diagnostic and development center in Albuquerque in Bernalillo county may include planning, design, construction, renovation, equipping and furnishing facilities for the children, youth and families department statewide. The time of expenditure is extended through fiscal year 2021.
SECTION 7. DEPARTMENT OF PUBLIC SAFETY TEXICO PORT OF ENTRY RELOCATION--EXPAND PURPOSE--EXTEND TIME--SEVERANCE TAX BONDS.--The capital program fund project in Subsection 12 of Section 7 of Chapter 81 of Laws 2016 to purchase easements and to plan, design, construct, equip and furnish the relocation of the Texico port of entry in Texico in Curry county may include planning, designing, constructing, renovating, equipping and furnishing department of public safety facilities statewide. The time of expenditure is extended through fiscal year 2021.
SECTION 8. DEPARTMENT OF PUBLIC SAFETY STATE POLICE ROSWELL DISTRICT OFFICE CONSTRUCTION--EXPAND PURPOSE--EXTEND TIME--SEVERANCE TAX BONDS.--The capital program fund project in Subsection 5 of Section 7 of Chapter 81 of Laws 2016 to plan, design, construct, renovate, furnish and equip the state police district office in Roswell in Chaves county may include planning, designing, constructing, renovating, equipping and furnishing department of public safety facilities statewide. The time of expenditure is extended through fiscal year 2021.
SECTION 9. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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