SB0275

SENATE BILL 275

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Nancy Rodriguez

AN ACT

RELATING TO CAPITAL EXPENDITURES; AUTHORIZING EXPENDITURES FROM CERTAIN FUNDS AND BALANCES; ELIMINATING CERTAIN ENCUMBRANCE REQUIREMENTS, REQUIRING CERTIFICATIONS TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION AND PROVIDING REVERSION DATE EXTENSIONS FOR CERTAIN APPROPRIATIONS FOR PROJECTS MADE IN LAWS 2023, CHAPTER 199; ESTABLISHING CONDITIONS FOR THE REVERSION OF UNEXPENDED BALANCES; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

SECTION 1. GENERAL FUND APPROPRIATIONS--LIMITATIONS-- REVERSIONS.--

A. Except as otherwise specifically provided by law, the unexpended balance of an appropriation made in this act from the general fund shall revert:

(1) no later than September 30 following:

(a) the end of fiscal year 2026 for a project for which an appropriation was made to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; books; educational technology; or other equipment or furniture that is not related to a more inclusive construction or renovation project; or

(b) the end of fiscal year 2028 for a project for which an appropriation was made related to an inclusive construction or renovation project; or

(2) within six months of completion of the project for any other project for which an appropriation was made, but no later than the end of fiscal year 2028.

B. The agencies named in this 2024 act shall certify to the department of finance and administration that the money appropriated in this 2024 act is needed for the purposes specified in the applicable section of this 2024 act. If an agency has not certified the need for the appropriation for a particular project by the end of fiscal year 2026, the authorization for that project is void.

C. Money that is appropriated from the general fund pursuant to this act shall not be subject to a binding written agreement with a third party prior to the authorized state agency's approval to enter into that agreement.

D. For the purposes of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses subject to a binding written agreement with a third party.

SECTION 2. FUND APPROPRIATIONS OTHER THAN GENERAL FUND-- LIMITATIONS--REVERSIONS.--

A. Except as otherwise specifically provided by law:

(1) the unexpended balance of an appropriation made in this act from a fund other than the general fund shall revert no later than the following dates:

(a) for a project for which an appropriation was made to match federal grants, six months after completion of the project;

(b) for a project for which an appropriation was made to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; books; 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 following the fiscal year in which the appropriation was made for the purchase; and

(c) for any other project for which an appropriation was made, within six months of completion of the project, but no later than the end of fiscal year 2028; and

(2) all remaining balances from an appropriation made in this act for a project shall revert three months after the latest reversion date specified for that type of project in Paragraph (1) of this subsection.

B. Except for appropriations to the capital program fund, money from appropriations made in this act shall not be used to pay indirect project costs.

C. Money that is appropriated from a fund other than the general fund pursuant to this act shall not be subject to a binding written agreement with a third party prior to the authorized state agency's approval to enter into that agreement.

SECTION 3. ADMINISTRATIVE OFFICE OF THE COURTS PROJECTS--GENERAL FUND.--The following amounts are appropriated from the general fund to the administrative office of the courts for expenditure in fiscal years 2024 through 2028, unless otherwise provided in Section 1 of this act, for the following purposes:

1. three million dollars ($3,000,000) to plan, design, construct, furnish and equip a new magistrate court in Clovis in Curry county;

2. fifteen million dollars ($15,000,000) to plan, design, construct, furnish and equip a new magistrate court in Bernalillo in Sandoval county;

3. eleven million dollars ($11,000,000) to plan, design, construct, furnish and equip a new magistrate court in Santa Fe in Santa Fe county;

4. four million dollars ($4,000,000) to design, purchase, install and equip technological and systems improvements to district courts statewide;

5. ten million dollars ($10,000,000) to plan, design, construct, renovate, furnish and equip district court improvements statewide, contingent upon a county match of at least fifty percent of project costs and requiring the administrative office of the courts to prioritize projects based on critical need and county financial capacity; and

6. two million dollars ($2,000,000) to plan, design, construct, repair, renovate, furnish and equip magistrate courts statewide.

SECTION 4. Laws 2023, Chapter 199, Section 1 is amended to read:

"SECTION 1. GENERAL FUND APPROPRIATIONS--LIMITATIONS--REVERSIONS.--

A. Except as otherwise specifically provided by law, the unexpended balance of an appropriation made in this act from the general fund shall revert:

(1) no later than September 30 following:

[(a) the end of fiscal year 2024 if the project for which an appropriation was made has less than five percent of the project's total appropriation amount subject to a binding written agreement with a third party on that date;

(b)] (a) the end of fiscal year 2025 for a project for which an appropriation was made to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; books; educational technology; or other equipment or furniture that is not related to a more inclusive construction or renovation project; or

[(c)] (b) the end of fiscal year 2027 for a project for which an appropriation was made related to an inclusive construction or renovation project; or

(2) within six months of completion of the project for any other project for which an appropriation was made, but no later than the end of fiscal year 2027.

B. The agencies named in this 2023 act shall certify to the department of finance and administration that the money appropriated in this section is needed for the purposes specified in the applicable section of this 2023 act. If an agency has not certified the need for the appropriation for a particular project by the end of fiscal year 2025, the authorization for that project is void.

[B.] C. Except for appropriations to the capital program fund, money from appropriations made in this act shall not be used to pay indirect project costs.

[C.] D. Money that is appropriated from the general fund pursuant to this act shall not be subject to a binding written agreement with a third party prior to the authorized state agency's approval to enter into that agreement.

[D.] E. For the purposes of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses subject to a binding written agreement with a third party."

SECTION 5. PROJECT SCOPE--EXPENDITURES.--If an appropriation for a project authorized in this act is not sufficient to complete all the purposes specified, the appropriation may be expended for any portion of the purposes specified in the appropriation. Expenditures shall not be made for purposes other than those specified in the appropriation.

SECTION 6. ART IN PUBLIC PLACES.--Pursuant to Section

13-4A-4 NMSA 1978 and where applicable, the appropriations

authorized in this act include one percent for the art in public places fund.

SECTION 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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