0001| HOUSE BILL 792 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| DAVID M. PARSONS | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO INFORMATION AND COMMUNICATIONS SYSTEMS; CREATING AND | 0013| PROVIDING FOR CERTAIN FUNDS; PROVIDING FOR REVENUE BONDS; MAKING | 0014| APPROPRIATIONS. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. A new Section 15-10-14 NMSA 1978 is enacted to | 0018| read: | 0019| "15-10-14. [NEW MATERIAL] INFORMATION SYSTEMS REVENUE | 0020| BOND FUND--CREATED--DISBURSEMENT.-- | 0021| A. There is created in the state treasury the | 0022| "information systems revenue bond fund". All income from | 0023| investment of the fund shall be credited to the fund. Balances | 0024| remaining in the fund at the end of any fiscal year shall not | 0025| revert to the general fund but shall be transferred as provided | 0001| in Subsection B of this section. | 0002| B. The fund shall be used to pay revenue bond issues | 0003| authorized pursuant to Section 15-10-17 NMSA 1978. The fund | 0004| shall account for debt, deposits, disbursements and balances | 0005| relating to data processing separately from debt, deposits, | 0006| disbursements and balances relating to communications. Money | 0007| deposited from each source shall be used for payment of all | 0008| principal and interest due on outstanding revenue bonds relating | 0009| to that source during each fiscal year. The balances remaining | 0010| from each source at the end of any fiscal year shall be | 0011| deposited into the data processing equipment revolving fund and | 0012| the communications equipment revolving fund, respectively. | 0013| C. Distributions from the fund shall be made monthly | 0014| for the purpose of paying principal, interest, premium, expenses | 0015| and obligations related to revenue bond issues authorized | 0016| pursuant to Section 15-10-17 NMSA 1978." | 0017| Section 2. Section 15-5-4 NMSA 1978 (being Laws 1963, | 0018| Chapter 181, Section 4, as amended) is recompiled as Section | 0019| 15-10-15 NMSA 1978 and is amended to read: | 0020| "15-10-15. [DEPOSIT] COLLECTION OF MONEY.--The | 0021| [telecommunications bureau of the communications] information | 0022| systems division of the general services department shall order | 0023| the deposit or transfer monthly to [a fund known as the | 0024| "central telephone services fund"] the information systems | 0025| division operating fund the amount of money owed by [each | 0001| department, institution and agency utilizing the central | 0002| telephone system. State institutions and agencies] the state | 0003| and each agency, institution, instrumentality, officer, board or | 0004| commission of the state, including the legislative and judicial | 0005| branches, and each county or municipality using the division's | 0006| services. Users of the division's services shall adopt such | 0007| accounting procedures as are prescribed by the department of | 0008| finance and administration for the handling of payments [with | 0009| reference to the central telephone system] to the division. | 0010| Accounting procedures shall identify sources of revenue used to | 0011| pay for the division's services." | 0012| Section 3. Section 15-1-12 NMSA 1978 (being Laws 1986, | 0013| Chapter 81, Section 12, as amended) is recompiled as Section | 0014| 15-10-16 NMSA 1978 and is amended to read: | 0015| "15-10-16. DEPRECIATION AND REPLACEMENT FEES--ASSESSMENT--COLLECTION--CREDITING TO FUNDS.-- | 0016| A. [Each officer, agency, department, division, | 0017| board or commission of the state] The state and any agency, | 0018| institution, instrumentality, officer, board or commission of | 0019| the state, including the legislative and judicial branches and | 0020| any county or municipality, that uses [state] information | 0021| systems division data processing equipment or [state] | 0022| communications equipment shall pay monthly depreciation and | 0023| replacement fees, assessed through the information systems | 0024| division rate structure, to the information systems division of | 0025| the general services department for such equipment. Such fees | 0001| shall be deposited in the information systems division operating | 0002| fund. | 0003| B. Depreciation and replacement fees shall be set by | 0004| the director of the information systems division and shall be | 0005| based upon the costs of acquisition, depreciation and | 0006| replacement of the equipment and the related services supplied | 0007| to such officers and agencies by the information systems | 0008| division. | 0009| C. [Except as provided in Subsection D of this | 0010| section] Money in the information systems division operating | 0011| fund that is attributable to depreciation and replacement fees | 0012| and that is derived from general fund appropriations or general | 0013| ad valorem tax revenues shall be deposited [quarterly] | 0014| monthly into the data processing equipment revolving fund and | 0015| the communications equipment revolving fund, respectively. | 0016| Money in the funds shall be disbursed pursuant to Sections [15-1-10 and 15-1-11] 15-10-12 and 15-10-13 NMSA 1978. | 0017| D. [For the period beginning July 1, 1988 and ending | 0018| June 30, 1990, depreciation and replacement fees attributable to | 0019| data processing equipment may be retained in the information | 0020| systems division operating fund and may be appropriated by the | 0021| legislature for operation of the information systems division. | 0022| Any unencumbered balance in excess of seven hundred thousand | 0023| dollars ($700,000) in the information systems division operating | 0024| fund as of June 30, 1990 shall be transferred to the data | 0025| processing equipment revolving fund.] Money in the information | 0001| systems division operating fund attributable to depreciation and | 0002| replacement fees and that is derived from money received from | 0003| sources other than general fund appropriations or general ad | 0004| valorem property tax revenues shall be deposited monthly into | 0005| the information systems revenue bond fund. So long as revenue | 0006| bonds issued by the New Mexico finance authority pursuant to the | 0007| Information and Communications Systems Act are outstanding, the | 0008| amount deposited monthly into the information systems revenue | 0009| bond fund shall equal not less than two hundred percent of the | 0010| monthly obligations related to such bonds as described in | 0011| Subsection D of Section 15-10-17 NMSA 1978. If there is no | 0012| outstanding debt for data processing or communications | 0013| equipment, depreciation and replacement fees shall be deposited | 0014| directly into the respective equipment revolving fund. Money in | 0015| the information systems revenue bond fund shall be disbursed | 0016| pursuant to Section 15-10-14 NMSA 1978." | 0017| Section 4. A new Section 15-10-17 NMSA 1978 is enacted to | 0018| read: | 0019| "15-10-17. [NEW MATERIAL] NEW MEXICO FINANCE AUTHORITY | 0020| REVENUE BONDS--PURPOSE--APPROPRIATION.-- | 0021| A. The New Mexico finance authority may issue and | 0022| sell revenue bonds in compliance with the New Mexico Finance | 0023| Authority Act for the purposes of refinancing, designing, | 0024| developing, acquiring, improving, purchasing and implementing | 0025| data processing equipment and communications equipment, or any | 0001| combination of these, for the information systems division of | 0002| the general services department and paying expenses connected | 0003| with the sale and issuance of the bonds. | 0004| B. The New Mexico finance authority may issue and | 0005| sell revenue bonds authorized by this section when the secretary | 0006| of general services certifies the need for issuance of the | 0007| bonds. The proceeds from the sale of the bonds are appropriated | 0008| to the information systems division for the purposes enumerated | 0009| in Subsection A of this section. | 0010| C. Money deposited in the information systems | 0011| revenue bond fund pursuant to Section 15-10-14 NMSA 1978 is | 0012| appropriated to the New Mexico finance authority to be pledged | 0013| irrevocably for the payment of the principal, interest, premium, | 0014| expenses and obligations related to the bonds authorized by | 0015| Subsection A of this section. | 0016| D. Money from the information systems revenue bond | 0017| fund distributed monthly to the New Mexico finance authority | 0018| shall be deposited in a segregated bond fund or account of the | 0019| authority. At the end of each month, any money remaining in the | 0020| special bond fund or account from distributions made to the | 0021| authority during such month, after all debt service | 0022| accumulations, expenses or obligations required by the | 0023| resolution authorizing issuance of the bonds to be made during | 0024| such month and any deficiencies from prior months are fully | 0025| satisfied or paid, shall be transferred by the authority to the | 0001| information systems division operating fund. Upon payment of | 0002| all principal, interest, premium, expenses or obligations | 0003| related to the bonds, the New Mexico finance authority shall | 0004| certify to the general services department that all obligations | 0005| for the bonds issued pursuant to this section have been fully | 0006| discharged and direct the department to cease distributing money | 0007| to the authority pursuant to Section 15-10-14 NMSA 1978. | 0008| E. The legislature shall not repeal, amend or | 0009| otherwise modify any law that affects or impairs the collection | 0010| of depreciation and replacement fees by the general services | 0011| department, the distribution of money to the New Mexico finance | 0012| authority or any revenue bonds of the New Mexico finance | 0013| authority secured by a pledge of money collected by the general | 0014| services department and distributed to the authority pursuant to | 0015| Section 15-10-14 NMSA 1978." | 0016|  State of New Mexico | 0017| House of Representatives | 0018| | 0019| FORTY-SECOND LEGISLATURE | 0020| SECOND SESSION, 1996 | 0021| | 0022| | 0023| February 13, 1996 | 0024| | 0025| | 0001| Mr. Speaker: | 0002| | 0003| Your TAXATION AND REVENUE COMMITTEE, to whom has | 0004| been referred | 0005| | 0006| HOUSE BILL 792 | 0007| | 0008| has had it under consideration and reports same with | 0009| recommendation that it DO PASS, amended as follows: | 0010| | 0011| 1. On page 1, between lines 15 and 16, insert the following | 0012| new section to read: | 0013| | 0014| "Section 1. A new Section 15-10-11 NMSA 1978 is enacted to | 0015| read: | 0016| | 0017| "15-10-11. [NEW MATERIAL] OPERATING FUND CREATED--EXPENDITURES--TRANSFERS.-- | 0018| | 0019| A. There is created in the state treasury the | 0020| "information systems division operating fund". All income from | 0021| investment of the fund shall be credited to the fund. Balances | 0022| remaining in the fund at the end of any fiscal year shall not | 0023| revert to the general fund. | 0024| | 0025| B. Expenditures from the fund shall be made only upon | 0001| vouchers approved by the director of the information systems | 0002| division of the general services department." | 0003| | 0004| Section 2. Section 15-1-10 NMSA 1978 (being Laws 1986, | 0005| Chapter 81, Section 10, as amended) is recompiled as Section 15-10-12 NMSA 1978 and is amended to read: | 0006| | 0007| "15-10-12. DATA PROCESSING EQUIPMENT REVOLVING FUND CREATED--DISBURSEMENT.-- | 0008| | 0009| A. There is created in the state treasury the "data | 0010| processing equipment revolving fund". [The] All income from | 0011| investment of the fund shall be credited to the fund. Balances | 0012| remaining in the fund at the end of any fiscal year shall not | 0013| revert to the general fund. | 0014| | 0015| B. Expenditures from the data processing equipment | 0016| revolving fund shall be made for the purpose of acquiring and | 0017| replacing data processing equipment. Such expenditures shall be | 0018| made only upon vouchers approved by the director of the | 0019| information systems division of the general services department | 0020| and shall be disbursed pursuant to a [five] three-year plan | 0021| prepared by the division and [approved by the commission and | 0022| presented] submitted annually to the department of finance and | 0023| administration and the [legislature] legislative finance | 0024| committee. | 0025| | 0001| C. When changes in the [five] three-year plan are | 0002| necessary, justification for such changes shall be [presented to | 0003| the commission for approval, with copies] submitted to the | 0004| department of finance and administration and the legislative | 0005| finance committee." | 0006| | 0007| Section 3. Section 15-1-11 NMSA 1978 (being Laws 1986, | 0008| Chapter 81, Section 11, as amended) is recompiled as Section 15-10-13 NMSA 1978 and is amended to read: | 0009| | 0010| "15-10-13. COMMUNICATIONS EQUIPMENT REVOLVING FUND CREATED--DISBURSEMENT.-- | 0011| | 0012| A. There is created in the state treasury the | 0013| "communications equipment revolving fund". [The] All income | 0014| from investment of the fund shall be credited to the fund. | 0015| Balances remaining in the fund at the end of any fiscal year shall | 0016| not revert to the general fund. | 0017| | 0018| B. Expenditures from the communications equipment | 0019| revolving fund shall be made for the purpose of acquiring and | 0020| replacing communications equipment. Such expenditures shall be | 0021| made only upon vouchers approved by the director of the | 0022| information systems division of the general services department | 0023| and shall be disbursed pursuant to a [five] three-year plan | 0024| prepared by the division and [approved by the commission and | 0025| presented] submitted annually to the department of finance and | 0001| administration and the [legislature] legislative finance | 0002| committee. | 0003| | 0004| C. When changes in the [five] three-year plan are | 0005| necessary, justification for such changes shall be [presented to | 0006| the commission for approval, with copies] submitted to the | 0007| department of finance and administration and the legislative | 0008| finance committee."". | 0009| | 0010| 2. Renumber the succeeding sections accordingly. | 0011| | 0012| 3. On page 5, line 3, strike "that is". | 0013| | 0014| 4. On page 5, lines 7 and 8, strike "the Information and | 0015| Communications Systems Act" and insert in lieu thereof "Section | 0016| 15-10-17 NMSA 1978"., | 0017| | 0018| | 0019| | 0020| and thence referred to the APPROPRIATIONS AND FINANCE | 0021| COMMITTEE. | 0022| | 0023| Respectfully submitted, | 0024| | 0025| | 0001| | 0002| | 0003| Jerry W. Sandel, Chairman | 0004| | 0005| | 0006| Adopted Not Adopted | 0007| | 0008| (Chief Clerk) (Chief Clerk) | 0009| | 0010| Date | 0011| | 0012| The roll call vote was 11 For 0 Against | 0013| Yes: 11 | 0014| Excused: Lovejoy, Sandel | 0015| Absent: None | 0016| | 0017| | 0018| .112199.1 | 0019| H0792TR1 |