0001| HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE FOR
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0002| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
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0003|
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0004| SENATE BILL 1054
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0005| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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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|
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0011|
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0012|
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0013| AN ACT
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0014| RELATING TO REVENUES; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX
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0015| BONDS AND NEW MEXICO FINANCE AUTHORITY REVENUE BONDS FOR
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0016| ACQUISITION OF CORRECTIONAL FACILITIES; AUTHORIZING THE
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0017| CORRECTIONS DEPARTMENT TO ENTER INTO CONTRACTS TO HOUSE
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0018| INMATES; CREATING A FUND; MAKING DISTRIBUTIONS; EXPANDING THE
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0019| GOVERNMENTAL GROSS RECEIPTS TAX; AMENDING, REPEALING AND
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0020| ENACTING SECTIONS OF THE NMSA 1978; REPEALING A SECTION OF LAWS
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0021| 1995; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
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0022|
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0023| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0024| Section 1. A new section of the New Mexico Finance
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0025| Authority Act is enacted to read:
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0001| "[NEW MATERIAL] CORRECTIONAL FACILITIES DEBT SERVICE FUND
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0002| CREATED.--
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0003| A. The "correctional facilities debt service fund"
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0004| is created within the authority. The fund shall be
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0005| administered by the authority as a separate account. The
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0006| authority may create such subaccounts as the authority deems
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0007| necessary to carry out the purposes of the fund. The authority
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0008| is authorized to establish procedures as required to administer
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0009| the fund in accordance with the New Mexico Finance Authority
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0010| Act.
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0011| B. The correctional facilities debt service fund
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0012| shall consist of money distributed to the fund for the purpose
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0013| of acquiring correctional facilities.
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0014| C. Money appropriated to pay administrative costs
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0015| and money available for administrative costs from other sources
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0016| shall not be deposited in the correctional facilities debt
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0017| service fund but shall be deposited in a separate account of
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0018| the authority and may be used by the authority to meet
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0019| administrative costs of the authority. The authority is
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0020| authorized to deduct administrative costs annually from the
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0021| fund prior to making the transfer required by Subsection F of
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0022| this section.
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0023| D. Money in the correctional facilities debt
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0024| service fund not needed for immediate disbursement, including
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0025| any money held in reserve, may be deposited with the state
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0001| treasurer for short-term investment pursuant to Section 6-10-
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0002| 10.1 NMSA 1978 or may be invested in direct and general
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0003| obligations of or obligations fully and unconditionally
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0004| guaranteed by the United States, obligations issued by agencies
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0005| of the United States, obligations of this state or any political
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0006| subdivision of the state, interest-bearing time deposits,
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0007| commercial paper issued by corporations organized and operating in
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0008| the United States and rated "prime" quality by a national rating
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0009| service or as otherwise provided by the trust indenture or bond
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0010| resolution, if money in the fund is pledged for or to secure
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0011| payment of bonds issued by the authority.
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0012| E. The authority shall establish fiscal controls and
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0013| accounting procedures that are sufficient to assure proper
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0014| accounting for correctional facilities debt service fund payments,
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0015| disbursements and balances.
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0016| F. At the end of any fiscal year, after all debt
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0017| service charges, replenishment of reserves and administrative
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0018| costs on all outstanding revenue bonds, notes or other obligations
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0019| payable from the correctional facilities debt service fund are
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0020| satisfied, the balance remaining in the correctional facilities
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0021| debt service fund shall be transferred by the authority to the
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0022| public project revolving fund for public projects as authorized by
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0023| the legislature."
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0024| Section 2. Section 6-24-24 NMSA 1978 (being Laws 1995,
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0025| Chapter 155, Section 24) is amended to read:
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0001| "6-24-24. DISPOSITION OF REVENUE.--
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0002| A. As nearly as practical, an amount equal to at least
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0003| fifty percent of the gross annual revenues from the sale of
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0004| lottery tickets shall be returned to the public in the form of
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0005| lottery prizes.
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0006| B. The authority shall transmit all net revenues to
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0007| the state treasurer, who shall deposit sixty percent of the
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0008| revenues in the public school capital outlay fund for expenditure
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0009| pursuant to the provisions of the Public School Capital Outlay Act
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0010| and forty percent in the lottery tuition fund. Estimated net
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0011| revenues shall be transmitted monthly to the state treasurer for
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0012| deposit in the funds, provided the total amount of annual net
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0013| revenues for the fiscal year shall be transmitted no later than
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0014| August 1 each year.
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0015| C. In determining net revenues, operating expenses of
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0016| the lottery include all costs incurred in the operation and
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0017| administration of the lottery and all costs resulting from any
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0018| contracts entered into for the purchase or lease of goods or
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0019| services required by the lottery, including but not limited to,
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0020| the costs of supplies, materials, tickets, independent audit
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0021| services, independent studies, data transmission, advertising,
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0022| promotion, incentives, public relations, communications,
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0023| commissions paid to lottery retailers, printing, distribution of
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0024| tickets, purchases of annuities or investments to be used to pay
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0025| future installments of winning lottery tickets, debt service and
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0001| payment of any revenue bonds issued, contingency reserves,
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0002| transfers to the reserve fund and any other necessary costs
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0003| incurred in carrying out the provisions of the New Mexico Lottery
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0004| Act.
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0005| D. An amount up to two percent of the gross annual
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0006| revenues shall be set aside as a reserve fund to cover bonuses and
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0007| incentive plans for lottery retailers, special promotions for
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0008| retailers, purchasing special promotional giveaways, sponsoring
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0009| special promotional events, compulsive gambling rehabilitation and
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0010| such other purposes as the board deems necessary to maintain the
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0011| integrity and meet the revenue goals of the lottery. The board
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0012| shall report annually to the governor and each regular session of
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0013| the legislature on the use of the money in the reserve fund. Any
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0014| balance in excess of fifty thousand dollars ($50,000) at the end
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0015| of any fiscal year shall be transferred to the lottery tuition
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0016| fund.
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0017| E. As used in this section, "gross annual revenues"
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0018| does not include governmental gross receipts tax collected or
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0019| paid."
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0020| Section 3. Section 7-1-6.38 NMSA 1978 (being Laws 1994,
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0021| Chapter 145, Section 1, as amended) is amended to read:
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0022| "7-1-6.38. DISTRIBUTION--GOVERNMENTAL GROSS RECEIPTS TAX.--
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0023| A. A distribution pursuant to Section 7-1-6.1 NMSA
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0024| 1978 shall be made to the correctional facilities debt service
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0025| fund administered by the New Mexico finance authority in an amount
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0001| equal to the net receipts attributable to the governmental gross
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0002| receipts tax imposed on the receipts from operation of the New
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0003| Mexico state lottery.
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0004| B. From the balance remaining after the distribution
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0005| in Subsection A of this section of the net receipts attributable
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0006| to the governmental gross receipts tax:
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0007| [A.] (1) a distribution pursuant to Section
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0008| 7-1-6.1 NMSA 1978 shall be made to the public project revolving
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0009| fund administered by the New Mexico finance authority in an amount
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0010| equal to seventy-five percent of that balance of the net receipts
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0011| attributable to the governmental gross receipts tax; and
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0012| [B.] (2) a distribution pursuant to Section
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0013| 7-1-6.1 NMSA 1978 shall be made to the energy, minerals and
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0014| natural resources department in an amount equal to twenty-five
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0015| percent of that balance of the net receipts attributable to the
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0016| governmental gross receipts tax. Forty percent of the
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0017| distribution is appropriated to the energy, minerals and natural
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0018| resources department to implement the provisions of the New Mexico
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0019| Youth Conservation Corps Act, and sixty percent of the
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0020| distribution is appropriated to the energy, minerals and natural
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0021| resources department for state park and recreation area capital
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0022| improvements, including the costs of planning, engineering,
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0023| design, construction, renovation, repair, equipment and
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0024| furnishings.
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0025| C. The state pledges to and agrees with the holders of
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0001| any bonds or notes issued by the New Mexico finance authority or
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0002| by the energy, minerals and natural resources department and
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0003| payable from the net receipts attributable to the governmental
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0004| gross receipts tax distributed to the New Mexico finance authority
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0005| or the energy, minerals and natural resources department pursuant
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0006| to this section that the state will not limit, reduce or alter the
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0007| distribution of the net receipts attributable to the governmental
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0008| gross receipts tax to the New Mexico finance authority or the
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0009| energy, minerals and natural resources department; limit, reduce,
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0010| alter or exempt any of the receipts of governmental entities
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0011| subject to the governmental gross receipts tax; or limit, reduce
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0012| or alter the rate of imposition of the governmental gross receipts
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0013| tax until the bonds or notes together with the interest thereon
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0014| are fully met and discharged or provision has been made for their
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0015| full payment and discharge. The New Mexico finance authority and
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0016| the energy, minerals and natural resources department are
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0017| authorized to include this pledge and agreement of the state in
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0018| any agreement with the holders of the bonds or notes."
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0019| Section 4. Section 7-9-3.2 NMSA 1978 (being Laws 1991,
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0020| Chapter 8, Section 1, as amended) is amended to read:
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0021| "7-9-3.2. ADDITIONAL DEFINITION.--As used in the Gross
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0022| Receipts and Compensating Tax Act, "governmental gross receipts"
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0023| means all receipts of the state [of New Mexico] or any agency,
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0024| institution, instrumentality or political subdivision thereof
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0025| from:
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0001| A. the sale of tangible personal property other than
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0002| water from facilities open to the general public;
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0003| B. the performance of or admissions to recreational,
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0004| athletic or entertainment services or events in facilities open to
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0005| the general public;
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0006| C. refuse collection, refuse disposal or both;
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0007| D. sewage services; [and]
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0008| E. the sale of water by a utility owned or operated by
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0009| a county, municipality or other political subdivision of the
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0010| state; and
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0011| F. the operation of a lottery.
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0012| "Governmental gross receipts" includes receipts from the
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0013| sale of tangible personal property handled on consignment when
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0014| sold from facilities open to the general public but excludes cash
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0015| discounts taken and allowed, governmental gross receipts tax
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0016| payable on transactions reportable for the period and any type of
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0017| time-price differential."
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0018| Section 5. [NEW MATERIAL] CONTRACT TO HOUSE ADULT FEMALE
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0019| INMATES IN A REINTEGRATION FACILITY.--
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0020| A. The corrections department shall solicit proposals
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0021| for the purpose of entering into a contract with a private
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0022| detention facility pursuant to Subsection G of Section 31-20-2
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0023| NMSA 1978 to operate an adult female reintegration facility.
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0024| B. The facility contracting with the corrections
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0025| department pursuant to Subsection A of this section shall:
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0001| (1) be privately financed, designed, constructed
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0002| and operated by the contractor; provided that a facility financed
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0003| by bonds issued pursuant to the Industrial Revenue Bond Act or the
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0004| County Industrial Revenue Bond Act and sold to the contractor
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0005| shall be privately financed by the contractor for the purposes of
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0006| this paragraph;
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0007| (2) consist of a two-hundred-fifty-bed adult
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0008| female reintegration facility that is adjacent to a four-hundred-
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0009| bed medium-security correctional facility that is located in the
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0010| middle Rio Grande corridor; and
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0011| (3) certify that the facility was built by a
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0012| primary contractor and subcontractors that:
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0013| (a) maintain their primary places of
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0014| business in New Mexico;
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0015| (b) hired laborers for construction of the
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0016| facility as employees, rather than as independent contractors, and
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0017| who are New Mexico residents;
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0018| (c) provided health care benefits,
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0019| retirement benefits and unemployment insurance to their employees
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0020| working on construction of the facility; and
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0021| (d) maintain apprenticeship programs for
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0022| their employees.
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0023| C. The corrections department shall solicit proposals
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0024| and award any contract under this section in accordance with the
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0025| provisions of the Procurement Code. The contract shall include
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0001| such terms and conditions as the department may require after
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0002| consultation with the general services department; provided that
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0003| the terms and conditions shall include provisions that:
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0004| (1) set forth comprehensive standards for
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0005| conditions of incarceration;
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0006| (2) require the facility to meet or exceed
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0007| corrections department standards and meet appropriate
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0008| certification requirements within one year after beginning
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0009| operation and remain accredited through the life of the contract;
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0010| (3) require the contractor to assume all
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0011| liability caused by or arising out of all aspects of the provision
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0012| or operation of the facility;
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0013| (4) require liability insurance or other proof
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0014| of financial responsibility acceptable to the general services
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0015| department that covers the contractor and its officers, employees
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0016| and agents in an amount sufficient to cover all liability caused
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0017| by or arising out of all aspects of the provision or operation of
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0018| the facility;
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0019| (5) require termination for cause upon ninety
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0020| days' notice to the contractor for failure to meet contract
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0021| provisions when such failure seriously affects the availability or
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0022| operation of the facility;
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0023| (6) provide that venue for enforcement of the
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0024| contract shall be in the district court for Santa Fe county;
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0025| (7) require continuation of the contract to be
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0001| subject to the availability of funds;
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0002| (8) provide that compliance with the contract
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0003| shall be monitored by the corrections department and the contract
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0004| may be terminated for noncompliance; and
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0005| (9) payments under the contract shall be made
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0006| only on a per diem per inmate basis without any additional or
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0007| separate charge for capital costs.
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0008| Section 6. [NEW MATERIAL] CONTRACT TO HOUSE ADJUDICATED
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0009| DELINQUENTS IN A CARE, REHABILITATION AND TREATMENT FACILITY.--
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0010| A. The children, youth and families department shall
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0011| solicit proposals for the purpose of entering into a contract with
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0012| a private care, rehabilitation and treatment facility to house
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0013| male adjudicated delinquents committed to the children, youth and
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0014| families department.
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0015| B. The facility contracting with the children, youth
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0016| and families department pursuant to Subsection A of this section
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0017| shall:
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0018| (1) be privately financed, designed, constructed
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0019| and operated by the contractor; provided that a facility financed
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0020| by bonds issued pursuant to the Industrial Revenue Bond Act or the
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0021| County Industrial Revenue Bond Act and sold to the contractor
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0022| shall be privately financed by the contractor for the purposes of
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0023| this paragraph;
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0024| (2) consist of one hundred fifty beds and
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0025| provide care, rehabilitation and treatment for male adjudicated
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0001| delinquents;
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0002| (3) be located in the middle Rio Grande
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0003| corridor; and
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0004| (4) certify that the facility was built by a
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0005| primary contractor and subcontractors that:
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0006| (a) maintain their primary places of
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0007| business in New Mexico;
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0008| (b) hired laborers for construction of the
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0009| facility as employees, rather than as independent contractors, and
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0010| who are New Mexico residents;
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0011| (c) provided health care benefits,
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0012| retirement benefits and unemployment insurance to their employees
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0013| working on construction of the facility; and
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0014| (d) maintain apprenticeship programs for
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0015| their employees.
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0016| C. The children, youth and families department shall
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0017| solicit proposals and award any contract under this section in
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0018| accordance with the provisions of the Procurement Code. The
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0019| contract shall include such terms and conditions as the department
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0020| may require after consultation with the general services
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0021| department; provided that the terms and conditions shall include
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0022| provisions that:
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0023| (1) set forth comprehensive standards for
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0024| conditions of incarceration;
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0025| (2) require the facility to meet or exceed
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0001| applicable juvenile detention facility standards and meet
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0002| appropriate certification requirements within one year after
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0003| beginning operation and remain accredited through the life of the
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0004| contract;
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0005| (3) require the contractor to assume all
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0006| liability caused by or arising out of all aspects of the provision
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0007| or operation of the facility;
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0008| (4) require liability insurance or other proof
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0009| of financial responsibility acceptable to the general services
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0010| department that covers the contractor and its officers, employees
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0011| and agents in an amount sufficient to cover all liability caused
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0012| by or arising out of all aspects of the provision or operation of
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0013| the facility;
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0014| (5) require termination for cause upon ninety
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0015| days' notice to the contractor for failure to meet contract
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0016| provisions when such failure seriously affects the availability or
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0017| operation of the facility;
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0018| (6) provide that venue for enforcement of the
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0019| contract shall be in the district court for Santa Fe county;
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0020| (7) require continuation of the contract to be
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0021| subject to the availability of funds;
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0022| (8) provide that compliance with the contract
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0023| shall be monitored by the children, youth and families department
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0024| and the contract may be terminated for noncompliance; and
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0025| (9) payments under the contract shall be made
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0001| only on a per diem per inmate basis without any additional or
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0002| separate charge for capital costs.
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0003| Section 7. NEW MEXICO FINANCE AUTHORITY--PUBLIC PROJECT
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0004| APPROVAL.--Pursuant to the provisions of Section 6-21-6 NMSA 1978,
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0005| the legislature authorizes the New Mexico finance authority to
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0006| issue and sell revenue bonds in installments or at one time in an
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0007| amount not to exceed twenty million dollars ($20,000,000) payable
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0008| solely from the public project revolving fund for the acquisition
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0009| of correctional facilities on terms and conditions established by
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0010| the authority when the corrections department certifies the need
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0011| for the issuance of the bonds. The net proceeds from the sale of
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0012| the bonds shall be appropriated by the legislature for the
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0013| acquisition of correctional facilities, subject to the provisions
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0014| and requirements in Section 13 of this act for those facilities.
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0015| Section 8. NEW MEXICO FINANCE AUTHORITY--GOVERNMENTAL GROSS
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0016| RECEIPTS TAX REVENUE BONDS--PURPOSE.--The New Mexico finance
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0017| authority may issue and sell revenue bonds, payable solely from
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0018| governmental gross receipts tax revenues distribution to the
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0019| correctional facilities debt service fund, in compliance with the
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0020| provisions of the New Mexico Finance Authority Act in installments
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0021| or at one time in an amount necessary to provide net proceeds of
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0022| twenty-one million dollars ($21,000,000) for the acquisition of
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0023| correctional facilities and for payment of the costs of issuance
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0024| of the bonds and establishing necessary reserves for the bonds,
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0025| when the corrections department certifies the need for the
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0001| issuance of the bonds. The net proceeds from the bonds shall be
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0002| appropriated by the legislature for acquisition of correctional
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0003| facilities, subject to the provisions and requirements in Section
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0004| 13 of this act for those facilities. Any unexpended or
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0005| unencumbered balance remaining six months after completion of a
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0006| project shall revert to the public project revolving fund for
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0007| appropriation by the legislature for public projects pursuant to
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0008| the provisions of the New Mexico Finance Authority Act. If the
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0009| corrections department has not certified the need for the issuance
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0010| of the bonds by the end of fiscal year 1999, the authorization
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0011| provided in this section shall be void.
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0012| Section 9. SEVERANCE TAX BONDS--PURPOSE.--The state board
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0013| of finance shall issue and sell severance tax bonds in compliance
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0014| with the Severance Tax Bonding Act in an amount not to exceed
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0015| forty-four million dollars ($44,000,000) when the corrections
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0016| department certifies the need for the issuance of the bonds. The
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0017| state board of finance shall schedule the issuance and sale of the
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0018| bonds in the most expeditious and economical manner possible upon
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0019| a finding by the board that the project has been developed
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0020| sufficiently to justify the issuance and that the project can
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0021| proceed to contract within a reasonable time. The state board of
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0022| finance shall further take the appropriate steps necessary to
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0023| comply with the Internal Revenue Code of 1986, as amended. The
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0024| proceeds from the sale of the bonds shall be appropriated by the
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0025| legislature for acquisition of correctional facilities subject to
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0001| the provisions and requirements in Section 13 of this act for
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0002| those facilities. Any unexpended or unencumbered balance
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0003| remaining six months after completion of a project shall revert to
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0004| the severance tax bonding fund. If the corrections department has
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0005| not certified the need for the issuance of the bonds by the end of
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0006| fiscal year 1999, the authorization provided in this section shall
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0007| be void.
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0008| Section 10. APPROPRIATIONS--HOUSING INMATES OUT OF STATE.--
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0009| A. One million one hundred thousand dollars
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0010| ($1,100,000) is appropriated from the general fund to the
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0011| corrections department for expenditure in fiscal year 1997 for the
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0012| purpose of paying for adult male inmates transferred to out-of-
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0013| state correctional facilities for a period not to exceed twelve
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0014| months to relieve overcrowding in state correctional facilities
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0015| and paying for accompanying costs, including medical costs and
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0016| transportation costs. Any unexpended or unencumbered balance
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0017| remaining at the end of fiscal year 1997 shall revert to the
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0018| general fund.
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0019| B. One million eight hundred thousand dollars
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0020| ($1,800,000) is appropriated from the general fund to the
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0021| corrections department for expenditure in fiscal year 1998 for the
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0022| purpose of paying for adult male inmates transferred to out-of-
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0023| state correctional facilities for a period not to exceed twelve
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0024| months and paying for accompanying costs, including medical costs
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0025| and transportation costs. Any unexpended or unencumbered balance
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0001| remaining at the end of fiscal year 1998 shall revert to the
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0002| general fund.
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0003| Section 11. APPROPRIATION--HOUSING INMATES IN CIBOLA
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0004| COUNTY--CONTRACT PROVISIONS.--
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0005| A. Two million dollars ($2,000,000) is appropriated
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0006| from the general fund to the corrections department for
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0007| expenditure in fiscal year 1998 to contract with Cibola county to
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0008| house additional inmates at the Cibola county corrections center.
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0009| Any unexpended or unencumbered balance remaining at the end of
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0010| fiscal year 1998 shall revert to the general fund.
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0011| B. The contract entered into pursuant to Subsection A
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0012| of this section shall provide:
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0013| (1) that the total number of state inmates
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0014| housed at the Cibola county corrections center shall equal five
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0015| hundred fifty-two medium-security inmates and one hundred seventy-
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0016| six minimum restrict inmates; and
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0017| (2) that the corrections department shall not
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0018| reduce the number of inmates housed at the Cibola county
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0019| corrections center below the numbers specified in Paragraph (1) of
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0020| this subsection unless it has first removed all similarly
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0021| classified state inmates from all other private or county operated
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0022| correctional facilities.
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0023| Section 12. APPROPRIATION--PREFABRICATED JUVENILE DETENTION
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0024| FACILITIES.--Five million dollars ($5,000,000) of the proceeds of
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0025| the general obligation bonds for juvenile correctional and
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0001| rehabilitative facilities approved by the voters in the 1996
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0002| general election is appropriated to the children, youth and
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0003| families department for expenditure in fiscal years 1997 and 1998
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0004| to acquire a fifty-bed prefabricated juvenile detention facility
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0005| at the youth development and diagnostic center in Albuquerque and
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0006| a fifty-bed prefabricated facility at the New Mexico boys' school
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0007| at Springer.
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0008| Section 13. ACQUISITION OF CORRECTIONAL FACILITIES--
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0009| CONDITIONS--APPROPRIATIONS.--
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0010| A. The corrections department shall solicit proposals
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0011| for the purpose of acquiring correctional facilities in Guadalupe
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0012| county, Lea county and the middle Rio Grande corridor as provided
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0013| in this section. The department shall solicit proposals
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0014| separately for each correctional facility.
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0015| B. The appropriations in this section for correctional
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0016| facilities are contingent upon the enactment into law of House
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0017| Taxation and Revenue Committee Substitute for Senate Finance
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0018| Committee Substitute for Senate Bill 1273 of the first session of
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0019| the forty-third legislature.
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0020| C. The following amounts from the following sources
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0021| are appropriated to the corrections department for expenditure in
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0022| fiscal years 1997 through 1999 for the acquisition of a six-
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0023| hundred-bed correctional facility in Guadalupe county:
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0024| (1) three million dollars ($3,000,000) of the
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0025| proceeds from the issuance of governmental gross receipts tax
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0001| revenue bonds by the New Mexico finance authority pursuant to
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0002| Section 8 of this act;
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0003| (2) twenty million dollars ($20,000,000) of the
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0004| proceeds from public project revenue bonds issued by the New
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0005| Mexico finance authority pursuant to Section 7 of this act; and
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0006| (3) eight million dollars ($8,000,000) of the
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0007| proceeds from the severance tax bonds issued pursuant to Section 9
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0008| of this act.
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0009| D. The following amounts from the following sources
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0010| are appropriated to the corrections department for expenditure in
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0011| fiscal years 1997 through 1999 for the acquisition of an eight-
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0012| hundred-bed correctional facility in Lea county:
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0013| (1) thirteen million dollars ($13,000,000) from
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0014| the general fund; and
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0015| (2) eighteen million dollars ($18,000,000) of
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0016| the proceeds from the governmental gross receipts tax revenue
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0017| bonds issued by the New Mexico finance authority pursuant to
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0018| Section 8 of this act.
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0019| E. Thirty-six million dollars ($36,000,000) of the
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0020| proceeds from the severance tax bonds issued pursuant to Section 9
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0021| of this act is appropriated to the corrections department for
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0022| expenditure in fiscal years 1997 through 1999 in the following
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0023| amounts for the acquisition of the following facilities to be
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0024| located adjacent to each other in the middle Rio Grande corridor:
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0025|
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0001| (1) twenty-one million dollars ($21,000,000) for
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0002| a correctional facility with four hundred medium-security beds for
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0003| adult male inmates; and
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0004| (2) fifteen million dollars ($15,000,000) for a
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0005| four-hundred-bed adult male in-prison substance abuse treatment
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0006| facility.
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0007| F. Each county or political subdivisions in the county
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0008| in which a correctional facility is to be located pursuant to
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0009| Subsections C and D of this section shall provide land for the
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0010| facility site and arrange for utilities, roads and related
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0011| infrastructure needs to the property line of the facility site in
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0012| the form of in-kind contributions. In addition, the city of Hobbs
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0013| and Lea county shall contribute jointly ten million dollars
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0014| ($10,000,000) in local matching funds for the correctional
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0015| facility project authorized in Lea county pursuant to Subsection D
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0016| of this section.
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0017| G. Any unexpended or unencumbered balance from the
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0018| general fund appropriation in Paragraph (1) of Subsection D of
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0019| this section remaining at the end of fiscal year 1999 shall revert
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0020| to the general fund.
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0021| H. No contract for the acquisition of a facility shall
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0022| be entered into pursuant to Subsections C through E of this
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0023| section unless the secretary of corrections certifies that the
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0024| facility will be built by a primary contractor and subcontractors
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0025| that:
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0001| (1) maintain their primary places of business in
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0002| New Mexico;
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0003| (2) hire laborers for construction of the
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0004| facility as employees, rather than as independent contractors, and
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0005| who are New Mexico residents;
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0006| (3) provide health care benefits, retirement
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0007| benefits and unemployment insurance to their employees working on
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0008| construction of the facility; and
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0009| (4) maintain apprenticeship programs for their
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0010| employees.
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0011| Section 14. REPEAL.--
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0012| A. Section 7-27-5.22 NMSA 1978 (being Laws 1995,
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0013| Chapter 215, Section 2, as amended) is repealed.
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0014| B. Laws 1995, Chapter 214, Section 2 is repealed.
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0015| Section 15. EFFECTIVE DATE.--
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0016| A. The effective date of the provisions of Sections 2,
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0017| 4 and 11 of this act is July 1, 1997.
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0018| B. The effective date of the provisions of Section 3
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0019| of this act is August 1, 1997.
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0020| Section 16. EMERGENCY.--It is necessary for the public
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0021| peace, health and safety that this act take effect immediately.
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0022|
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