0001| SENATE BILL 1018
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| JOSEPH J. CARRARO
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| AUTHORIZING THE ISSUANCE AND SALE OF CAPITAL PROJECT GENERAL
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0012| OBLIGATION BONDS FOR LAND ACQUISITION, INCLUDING THE BOCA NEGRA
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0013| UNIT AND RIGHT OF WAY FOR UNSER BOULEVARD, FOR PETROGLYPH
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0014| NATIONAL MONUMENT LOCATED IN BERNALILLO COUNTY; PROVIDING FOR A
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0015| TAX LEVY FOR PAYMENT OF PRINCIPAL OF, INTEREST ON AND CERTAIN
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0016| COSTS RELATED TO THE BONDS; REQUIRING APPROVAL OF THE
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0017| REGISTERED VOTERS AT THE 1998 GENERAL ELECTION.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. SHORT TITLE.--This act may be cited as the
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0021| "1997 Capital Project Bond Act".
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0022| Section 2. INDEBTEDNESS AUTHORIZED.--For the purpose of
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0023| providing funds for capital expenditures authorized in the 1997
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0024| Capital Projects Bond Act, general obligation indebtedness of
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0025| the state is authorized for the purpose and in the amount set
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0001| forth in Section 10 of that act.
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0002| Section 3. BOND TERMS, COVENANTS AND CONDITIONS.--The
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0003| state board of finance, except as limited by the 1997 Capital
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0004| Project Bond Act, shall determine the terms, covenants and
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0005| conditions of bonds issued pursuant to that act, including:
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0006| date or dates of issue; denominations; maturities; principal
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0007| amounts; rate or rates of interest; provisions for redemption,
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0008| including premiums, registration, refundability, whether the
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0009| bonds are issued in one or more series and other covenants
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0010| relating to the bonds and the issuance thereof. The bonds
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0011| shall be in such form as the state board of finance determines
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0012| with an appropriate series designation and shall bear interest
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0013| payable as set forth in the resolution of the state board of
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0014| finance. Payment of the principal of the bonds shall begin not
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0015| more than two years after the date of their issuance, and the
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0016| bonds shall mature not later than ten years after the date of
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0017| their issuance. Both principal and interest shall be payable
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0018| in lawful money of the United States at the office of the
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0019| paying agent within or without the state of New Mexico as the
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0020| state board of finance may direct. The bonds shall be executed
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0021| with the manual or facsimile signature of the governor or the
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0022| state treasurer, and the seal or a facsimile of the seal of the
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0023| state shall be placed on each bond, except for any series of
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0024| bonds issued in book entry or similar form without the delivery
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0025| of physical securities. The bonds shall be issued in
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0001| accordance with the provisions of the 1997 Capital Project Bond
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0002| Act, the Supplemental Public Securities Act and the Uniform
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0003| Facsimile Signature of Public Officials Act and may be issued
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0004| in accordance with the Public Securities Short-Term Interest
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0005| Rate Act. The full faith and credit of the state of New Mexico
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0006| are hereby pledged for the prompt payment at maturity of the
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0007| principal of and interest on all bonds issued and sold pursuant
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0008| to the 1997 Capital Project Bond Act.
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0009| Section 4. PROCEEDS.--The proceeds from the sale of the
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0010| bonds shall be expended solely for providing funds for the
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0011| purpose and not to exceed the amount set forth in Section 10 of
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0012| the 1997 Capital Project Bond Act and to pay expenses incurred
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0013| under Section 6 of that act. Any proceeds from the sale of the
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0014| bonds that are not required for the purposes set forth in
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0015| Sections 6 and 10 of that act shall be used for the purpose of
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0016| paying the principal of and interest on the bonds.
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0017| Section 5. BONDS--SALE.--The bonds authorized pursuant to
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0018| the 1997 Capital Project Bond Act shall be sold by the state
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0019| board of finance, at such time and in such manner and amounts
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0020| as the board may elect. The bonds may be sold at private sale
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0021| or at public sale at not less than par and accrued interest to
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0022| the date of delivery. If sold at public sale, the state board
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0023| of finance shall publish a notice of the time and place of sale
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0024| in a newspaper of general circulation in the state and may also
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0025| publish the notice in a recognized financial journal outside
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0001| the state. The required publications shall be made once each
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0002| week for two consecutive weeks prior to the date fixed for the
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0003| sale, the last publication thereof to be at least five days
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0004| prior to the date of the sale. The notice shall specify the
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0005| amount, denomination, maturity and description of the bonds to
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0006| be offered for sale and the place, date and hour at which the
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0007| sealed bids shall be received. At the time and place specified
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0008| in the notice, the state board of finance shall open the bids
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0009| in public and shall award the bonds to the bidder or bidders
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0010| offering the best price for the bonds. The state board of
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0011| finance may reject any or all bids and readvertise and may
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0012| waive any irregularity in a bid. All bids, except that of the
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0013| state, shall be accompanied by a deposit of two percent of the
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0014| bid price. The deposit of an unsuccessful bidder shall be
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0015| returned upon rejection of the bid. The state board of finance
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0016| may also sell the bonds or any part of the bonds to the state
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0017| treasurer or state investment officer. The state treasurer or
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0018| state investment officer is authorized to purchase any of the
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0019| bonds for investment. The bonds are legal investments for any
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0020| person or board charged with the investment of any public funds
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0021| and may be accepted as security for any deposit of public
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0022| money.
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0023| Section 6. EXPENSES.--The expenses incurred by the state
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0024| board of finance in or relating to the preparation and sale of
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0025| the bonds shall be paid out of the proceeds from the sale of
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0001| the bonds, and all rebate, penalty, interest and other
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0002| obligations of the state relating to the bonds and bond
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0003| proceeds under the Internal Revenue Code of 1986, as amended,
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0004| shall be paid from earnings on bond proceeds or other money of
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0005| the state, legally available for that purpose.
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0006| Section 7. AD VALOREM TAX--IMPOSITION--ASSESSMENT AND
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0007| COLLECTION.--To provide for the payment of the principal of and
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0008| interest on the bonds issued and sold pursuant to the
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0009| provisions of the 1997 Capital Project Bond Act, there shall be
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0010| and there is hereby imposed and levied during each year in
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0011| which any of the bonds are outstanding an ad valorem tax on all
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0012| property in the state subject to property taxation for state
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0013| purposes sufficient to pay the interest as it becomes due on
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0014| the bonds, together with an amount sufficient to provide a
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0015| sinking fund to pay the principal of the bonds as it becomes
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0016| due and, if permitted by law, ad valorem taxes may be collected
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0017| to pay administrative costs incident to the collection of such
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0018| taxes. The taxes shall be imposed, levied, assessed and
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0019| collected at the times and in the manner that other property
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0020| taxes for state purposes are imposed, levied, assessed and
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0021| collected. It is the duty of all tax officials and authorities
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0022| to cause these taxes to be imposed, levied, assessed and
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0023| collected.
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0024| Section 8. DEPOSIT--SEPARATE ACCOUNT.--The state
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0025| treasurer shall keep separate accounts of all money collected
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0001| pursuant to the taxes imposed and levied pursuant to the
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0002| provisions of the 1997 Capital Project Bond Act and shall use
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0003| this money only for the purposes of paying the principal of and
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0004| interest on the bonds as they become due and any expenses
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0005| relating thereto.
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0006| Section 9. CONTRACT WITH BOND HOLDERS.--Any owner of
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0007| bonds issued pursuant to the provisions of the 1997 Capital
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0008| Project Bond Act may, either at law or in equity, by suit,
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0009| action or mandamus, enforce and compel the performance of the
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0010| duties required by that act of any officer or entity mentioned
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0011| in that act. The provisions of the 1997 Capital Project Bond
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0012| Act constitute an irrepealable contract with the owners of any
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0013| of the bonds issued pursuant to that act for the faithful
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0014| performance of which the full faith and credit of the state of
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0015| New Mexico is hereby pledged. Without reference to any other
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0016| act of the legislature of the state, the 1997 Capital Project
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0017| Bond Act is full authority for the issuance and sale of the
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0018| bonds authorized in that act, and such bonds shall have all the
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0019| qualities of investment securities under the Uniform Commercial
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0020| Code of the state, shall not be invalid for any irregularity or
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0021| defect in the proceedings for the issuance and sale of the
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0022| bonds and shall be incontestable in the hands of bona fide
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0023| purchasers or holders thereof for value. All bonds issued
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0024| under the provisions of the 1997 Capital Project Bond Act, and
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0025| the interest thereon, are exempt from taxation by the state and
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0001| any subdivision or public body thereof.
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0002| Section 10. PROCEEDS--PURPOSE FOR WHICH ISSUED.--The
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0003| proceeds from the sale of bonds, not to exceed three million
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0004| fifty thousand dollars ($3,050,000), issued under the
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0005| provisions of the 1997 Capital Project Bond Act shall be
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0006| distributed to the energy, minerals and natural resources
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0007| department for land acquisition, including the Boca Negra unit
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0008| and right of way for Unser boulevard, for Petroglyph national
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0009| monument located in Bernalillo county.
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0010| Section 11. ELECTION.--
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0011| A. Except as otherwise provided in the 1997 Capital
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0012| Project Bond Act, the question of whether bonds shall be issued
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0013| pursuant to that act shall be submitted to the registered
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0014| voters of the state at the general election to be held in
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0015| November 1998 and, if it receives a majority of all the votes
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0016| cast thereon at such election, the authority to issue bonds
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0017| shall take effect upon certification of the state canvassing
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0018| board announcing the results of that election. No bonds shall
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0019| be issued or sold under the 1997 Capital Project Bond Act until
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0020| the registered voters of this state have voted upon and
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0021| approved the bonds and property tax imposition as provided in
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0022| this section. Any bonds issued under that act shall be issued
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0023| within twenty-six months from the date of the general election.
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0024|
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0025| B. The ballots used at the 1998 general election
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0001| shall contain substantially the following language:
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0002| "The 1997 Capital Project Bond Act authorizes the issuance
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0003| and sale of land acquisition bonds. Shall the state of New
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0004| Mexico be authorized to issue general obligation bonds in an
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0005| amount not to exceed three million fifty thousand dollars
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0006| ($3,050,000) to make capital expenditures for land acquisition,
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0007| including the Boca Negra unit and right of way for Unser
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0008| boulevard, for Petroglyph national monument in Bernalillo
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0009| county and provide for a general property tax imposition and
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0010| levy for payment of principal of, interest on and expenses
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0011| incurred in connection with the issuance of the bonds and the
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0012| collection of the tax as permitted by law?
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0013| For__________ Against____________".
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0014| C. The secretary of state shall include the
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0015| submission of the capital project general obligation bond
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0016| question to the people at the 1998 general election, and it
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0017| shall be included in the general election proclamation of each
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0018| of the county clerks.
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0019| D. The secretary of state shall not include the
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0020| question of whether to issue capital project general obligation
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0021| bonds for the purpose of acquiring land for Petroglyph national
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0022| monument on the general election proclamation or on the general
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0023| election ballot unless prior to June 1, 1998, the secretary of
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0024| the interior or the director of the national park service
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0025| notifies the secretary of state that the United States
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0001| department of the interior agrees to unequivocally support the
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0002| expedited construction of the long-planned Paseo del Norte
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0003| extension through a small portion of the Petroglyph monument,
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0004| and that the United States department of the interior will work
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0005| in good faith to eliminate all federal impediments to the
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0006| construction of that extension.
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0007| E. The secretary of state shall cause the 1997
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0008| Capital Project Bond Act to be published in full in at least
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0009| one newspaper in each county of the state, if one is published
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0010| therein, once each week for four successive weeks next
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0011| preceding the general election as required by the constitution
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0012| of New Mexico.
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0013|
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