0001| HOUSE BILL 1185 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| JERRY W. SANDEL | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO CORRECTIONAL FACILITIES FINANCING; AUTHORIZING THE | 0012| ISSUANCE OF SEVERANCE TAX BONDS AND NEW MEXICO FINANCE | 0013| AUTHORITY REVENUE BONDS FOR STATE CORRECTIONAL FACILITIES; | 0014| CREATING A FUND; PROVIDING FOR DISTRIBUTION OF CERTAIN COUNTY | 0015| GROSS RECEIPTS TAX REVENUES AND GOVERNMENTAL GROSS RECEIPTS TAX | 0016| REVENUES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; | 0017| REPEALING A SECTION OF LAWS 1995; MAKING APPROPRIATIONS; | 0018| DECLARING AN EMERGENCY. | 0019| | 0020| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0021| Section 1. LEGISLATIVE FINDINGS--PURPOSE.-- | 0022| A. The legislature recognizes that New Mexico's | 0023| correctional facilities are seriously overcrowded and cannot | 0024| accommodate the anticipated growth in correctional facility | 0025| populations. This critical shortage of correctional | 0001| facilities, primarily for adult male offenders, poses a serious | 0002| threat to the public welfare and safety of New Mexicans. To | 0003| address this emergency, the state must immediately construct | 0004| the additional correctional facilities necessary to meet this | 0005| urgent need. | 0006| B. It is the purpose of this act to provide the | 0007| financing necessary for the corrections department to construct | 0008| as soon as possible two additional state correctional | 0009| facilities for adult male offenders. | 0010| Section 2. A new section of the New Mexico Finance | 0011| Authority Act is enacted to read: | 0012| "[NEW MATERIAL] CORRECTIONAL FACILITIES FINANCING FUND | 0013| CREATED.-- | 0014| A. The "correctional facilities financing fund" is | 0015| created within the authority. The fund shall be administered | 0016| by the authority as a separate account. The authority may | 0017| create such subaccounts as the authority deems necessary to | 0018| carry out the purposes of the fund. The authority is | 0019| authorized to establish procedures as required to administer | 0020| the fund in accordance with the New Mexico Finance Authority | 0021| Act. | 0022| B. The correctional facilities financing fund shall | 0023| consist of money appropriated, distributed or otherwise | 0024| allocated to the fund for the purpose of financing correctional | 0025| facilities in Lea and Guadalupe counties. | 0001| C. Money appropriated to pay administrative costs | 0002| and money available for administrative costs from other sources | 0003| shall not be deposited in the correctional facilities financing | 0004| fund but shall be deposited in a separate account of the | 0005| authority and may be used by the authority to meet | 0006| administrative costs of the authority. The authority is | 0007| authorized to deduct administrative costs annually from the | 0008| fund prior to making the transfer required by Subsection F of | 0009| this section. | 0010| D. Money in the correctional facilities financing | 0011| fund not needed for immediate disbursement, including any money | 0012| held in reserve, may be deposited with the state treasurer for | 0013| short-term investment pursuant to Section 6-10-10.1 NMSA 1978 | 0014| or may be invested in direct and general obligations of or | 0015| obligations fully and unconditionally guaranteed by the United | 0016| States, obligations issued by agencies of the United States, | 0017| obligations of this state or any political subdivision of the | 0018| state, interest-bearing time deposits, commercial paper issued | 0019| by corporations organized and operating in the United States | 0020| and rated "prime" quality by a national rating service or as | 0021| otherwise provided by the trust indenture or bond resolution, | 0022| if money in the fund is pledged for or to secure payment of | 0023| bonds issued by the authority. | 0024| E. The authority shall establish fiscal controls | 0025| and accounting procedures that are sufficient to assure proper | 0001| accounting for correctional facilities financing fund payments, | 0002| disbursements and balances. | 0003| F. At the end of any fiscal year, after all debt | 0004| service charges, replenishment of reserves and administrative | 0005| costs on all outstanding revenue bonds, notes or other | 0006| obligations payable from the correctional facilities financing | 0007| fund are satisfied, the balance remaining in the correctional | 0008| facilities financing fund shall be transferred by the authority | 0009| to the public project revolving fund for public projects as | 0010| authorized by the legislature pursuant to the New Mexico | 0011| Finance Authority Act. | 0012| G. Local matching funds from the city of Hobbs and | 0013| Lea county that are deposited in the correctional facilities | 0014| financing fund are appropriated to the corrections department | 0015| for expenditure for the state correctional facility project in | 0016| Lea county and shall be distributed to the corrections | 0017| department for that purpose upon the department's certification | 0018| of the need for the funds." | 0019| Section 3. Section 6-21-6.1 NMSA 1978 (being Laws 1994, | 0020| Chapter 145, Section 2, as amended) is amended to read: | 0021| "6-21-6.1. PUBLIC PROJECT REVOLVING FUND--APPROPRIATIONS | 0022| TO OTHER FUNDS.-- | 0023| A. The authority and the department of environment | 0024| may enter into a joint powers agreement pursuant to the Joint | 0025| Powers Agreements Act for the purpose of describing and | 0001| allocating duties and responsibilities with respect to creation | 0002| of an integrated loan and grant program to be financed through | 0003| issuance of bonds payable from the public project revolving | 0004| fund. The bonds may be issued in installments or at one time | 0005| by the authority in amounts authorized by law. The net | 0006| proceeds may be used for purposes of the Wastewater Facility | 0007| Construction Loan Act, the Rural Infrastructure Act or the | 0008| Solid Waste Act. | 0009| B. Public projects funded pursuant to the | 0010| Wastewater Facility Construction Loan Act, the Rural | 0011| Infrastructure Act or the Solid Waste Act shall not require | 0012| specific authorization by law as required in Sections 6-21-6 | 0013| and 6-21-8 NMSA 1978. | 0014| C. At the end of each fiscal year, after all debt | 0015| service charges, replenishment of reserves and administrative | 0016| costs on all outstanding bonds, notes or other obligations | 0017| payable from the public project revolving fund are satisfied, | 0018| an aggregate amount not to exceed thirty-five percent of the | 0019| governmental gross receipts tax proceeds distributed pursuant | 0020| to Paragraph (1) of Subsection B of Section 7-1-6.38 NMSA 1978 | 0021| to the public project revolving fund in the preceding fiscal | 0022| year less all debt service charges and administrative costs of | 0023| the authority paid in the preceding fiscal year on bonds issued | 0024| pursuant to this section may be appropriated by the legislature | 0025| from the public project revolving fund to the following funds | 0001| for local infrastructure financing: | 0002| (1) the wastewater facility construction loan | 0003| fund for purposes of the Wastewater Facility Construction Loan | 0004| Act; | 0005| (2) the rural infrastructure revolving loan | 0006| fund for purposes of the Rural Infrastructure Act; or | 0007| (3) the solid waste facility grant fund for | 0008| purposes of the Solid Waste Act. | 0009| D. The authority and the department of environment | 0010| in coordination with the New Mexico finance authority oversight | 0011| committee may recommend annually to each regular session of the | 0012| legislature amounts to be appropriated to the funds listed in | 0013| Subsection C of this section for local infrastructure | 0014| financing." | 0015| Section 4. Section 6-24-24 NMSA 1978 (being Laws 1995, | 0016| Chapter 155, Section 24) is amended to read: | 0017| "6-24-24. DISPOSITION OF REVENUE.-- | 0018| A. As nearly as practical, an amount equal to at | 0019| least fifty percent of the gross annual revenues from the sale | 0020| of lottery tickets shall be returned to the public in the form | 0021| of lottery prizes. | 0022| B. The authority shall transmit all net revenues to | 0023| the state treasurer, who shall deposit sixty percent of the | 0024| revenues in the public school capital outlay fund for | 0025| expenditure pursuant to the provisions of the Public School | 0001| Capital Outlay Act and forty percent in the lottery tuition | 0002| fund. Estimated net revenues shall be transmitted monthly to | 0003| the state treasurer for deposit in the funds, provided the | 0004| total amount of annual net revenues for the fiscal year shall | 0005| be transmitted no later than August 1 each year. | 0006| C. In determining net revenues, operating expenses | 0007| of the lottery include all costs incurred in the operation and | 0008| administration of the lottery and all costs resulting from any | 0009| contracts entered into for the purchase or lease of goods or | 0010| services required by the lottery, including but not limited to, | 0011| the costs of supplies, materials, tickets, independent audit | 0012| services, independent studies, data transmission, advertising, | 0013| promotion, incentives, public relations, communications, | 0014| commissions paid to lottery retailers, printing, distribution | 0015| of tickets, purchases of annuities or investments to be used to | 0016| pay future installments of winning lottery tickets, debt | 0017| service and payment of any revenue bonds issued, contingency | 0018| reserves, transfers to the reserve fund and any other necessary | 0019| costs incurred in carrying out the provisions of the New Mexico | 0020| Lottery Act. | 0021| D. An amount up to two percent of the gross annual | 0022| revenues shall be set aside as a reserve fund to cover bonuses | 0023| and incentive plans for lottery retailers, special promotions | 0024| for retailers, purchasing special promotional giveaways, | 0025| sponsoring special promotional events, compulsive gambling | 0001| rehabilitation and such other purposes as the board deems | 0002| necessary to maintain the integrity and meet the revenue goals | 0003| of the lottery. The board shall report annually to the | 0004| governor and each regular session of the legislature on the use | 0005| of the money in the reserve fund. Any balance in excess of | 0006| fifty thousand dollars ($50,000) at the end of any fiscal year | 0007| shall be transferred to the lottery tuition fund. | 0008| E. As used in this section, "gross annual | 0009| revenues" does not include governmental gross receipts tax | 0010| collected or paid." | 0011| Section 5. Section 7-1-6.13 NMSA 1978 (being Laws 1983, | 0012| Chapter 211, Section 18, as amended) is amended to read: | 0013| "7-1-6.13. TRANSFER--REVENUES FROM COUNTY LOCAL OPTION | 0014| GROSS RECEIPTS TAXES.-- | 0015| A. A transfer pursuant to Section 7-1-6.1 NMSA | 0016| 1978 shall be made to each county for which the department is | 0017| collecting a local option gross receipts tax imposed by that | 0018| county in an amount, subject to any increase or decrease made | 0019| pursuant to Section 7-1-6.15 NMSA 1978, equal to the net | 0020| receipts attributable to the local option gross receipts tax | 0021| imposed by that county, less any deduction for administrative | 0022| cost determined and made by the department pursuant to the | 0023| provisions of the act authorizing imposition by that county of | 0024| the local option gross receipts tax. | 0025| B. An amount shall be deducted from the transfer | 0001| pursuant to Subsection A of this section for a class C county | 0002| in which a state correctional facility is to be located, in the | 0003| amount of the net receipts attributable to the local option | 0004| gross receipts taxes imposed by that county on receipts from | 0005| the construction of that facility. The amount deducted shall | 0006| be distributed to the correctional facilities financing fund." | 0007| Section 6. Section 7-1-6.38 NMSA 1978 (being Laws 1994, | 0008| Chapter 145, Section 1, as amended) is amended to read: | 0009| "7-1-6.38. DISTRIBUTION--GOVERNMENTAL GROSS RECEIPTS | 0010| TAX.-- | 0011| A. A distribution pursuant to Section 7-1-6.1 NMSA | 0012| 1978 shall be made to the correctional facilities financing | 0013| fund administered by the New Mexico finance authority in an | 0014| amount equal to the net receipts attributable to the | 0015| governmental gross receipts tax imposed on the receipts from | 0016| operation of the New Mexico state lottery. | 0017| B. From the balance remaining after the | 0018| distribution in Subsection A of this section of the net | 0019| receipts attributable to the governmental gross receipts tax: | 0020| [A.] (1) a distribution pursuant to | 0021| Section 7-1-6.1 NMSA 1978 shall be made to the public project | 0022| revolving fund administered by the New Mexico finance authority | 0023| in an amount equal to seventy-five percent of that balance of | 0024| the net receipts attributable to the governmental gross | 0025| receipts tax; | 0001| [B.] (2) a distribution pursuant to | 0002| Section 7-1-6.1 NMSA 1978 shall be made to the energy, minerals | 0003| and natural resources department in an amount equal to | 0004| [twenty-five] twenty-one and three-tenths percent of that | 0005| balance of the net receipts attributable to the governmental | 0006| gross receipts tax. [Forty] Forty-seven percent of the | 0007| distribution is appropriated to the energy, minerals and | 0008| natural resources department to implement the provisions of the | 0009| New Mexico Youth Conservation Corps Act, and [sixty] fifty- | 0010| three percent of the distribution is appropriated to the | 0011| energy, minerals and natural resources department for state | 0012| park and recreation area capital improvements, including the | 0013| costs of planning, engineering, design, construction, | 0014| renovation, repair, equipment and furnishings; and | 0015| (3) a distribution pursuant to Section 7-1-6.1 | 0016| NMSA 1978 shall be made to the public project revolving fund | 0017| administered by the New Mexico finance authority in an amount | 0018| equal to three and seven-tenths percent of that balance of the | 0019| net receipts attributable to the governmental gross receipts | 0020| tax. If the reduction made by this 1997 act to the | 0021| distribution to the energy, minerals and natural resources | 0022| department impairs the payment of debt service on bonds payable | 0023| from the governmental gross receipts tax issued by the state | 0024| park and recreation division of the energy, minerals and | 0025| natural resources department prior to February 1, 1997, the New | 0001| Mexico finance authority shall reserve so much of the | 0002| distribution to the public project revolving fund made pursuant | 0003| to this paragraph as needed to pay debt service on those bonds | 0004| and shall then transfer the balance from the distribution | 0005| pursuant to this paragraph monthly to the correctional | 0006| facilities financing fund administered by the authority. | 0007| C. The state pledges to and agrees with the holders | 0008| of any bonds or notes issued by the New Mexico finance | 0009| authority or by the energy, minerals and natural resources | 0010| department and payable from the net receipts attributable to | 0011| the governmental gross receipts tax distributed to the New | 0012| Mexico finance authority or the energy, minerals and natural | 0013| resources department pursuant to this section that the state | 0014| will not limit, reduce or alter the distribution of the net | 0015| receipts attributable to the governmental gross receipts tax to | 0016| the New Mexico finance authority or the energy, minerals and | 0017| natural resources department; limit, reduce, alter or exempt | 0018| any of the receipts of governmental entities subject to the | 0019| governmental gross receipts tax; or limit, reduce or alter the | 0020| rate of imposition of the governmental gross receipts tax until | 0021| the bonds or notes together with the interest thereon are fully | 0022| met and discharged or provision has been made for their full | 0023| payment and discharge. The New Mexico finance authority and | 0024| the energy, minerals and natural resources department are | 0025| authorized to include this pledge and agreement of the state in | 0001| any agreement with the holders of the bonds or notes." | 0002| | 0003| Section 7. Section 7-9-3.2 NMSA 1978 (being Laws 1991, | 0004| Chapter 8, Section 1, as amended) is amended to read: | 0005| "7-9-3.2. ADDITIONAL DEFINITION.--As used in the Gross | 0006| Receipts and Compensating Tax Act, "governmental gross | 0007| receipts" means all receipts of the state [of New Mexico] or | 0008| any agency, institution, instrumentality or political | 0009| subdivision thereof from: | 0010| A. the sale of tangible personal property other | 0011| than water from facilities open to the general public; | 0012| B. the performance of or admissions to | 0013| recreational, athletic or entertainment services or events in | 0014| facilities open to the general public; | 0015| C. refuse collection, refuse disposal or both; | 0016| D. sewage services; [and] | 0017| E. the sale of water by a utility owned or operated | 0018| by a county, municipality or other political subdivision of the | 0019| state; and | 0020| F. the operation of a lottery. | 0021| "Governmental gross receipts" includes receipts from the | 0022| sale of tangible personal property handled on consignment when | 0023| sold from facilities open to the general public but excludes | 0024| cash discounts taken and allowed, governmental gross receipts | 0025| tax payable on transactions reportable for the period and any | 0001| type of time-price differential." | 0002| Section 8. NEW MEXICO FINANCE AUTHORITY--PUBLIC PROJECT | 0003| APPROVAL.--Pursuant to the provisions of Section 6-21-6 NMSA | 0004| 1978, the legislature authorizes the New Mexico finance | 0005| authority to issue and sell revenue bonds in installments or at | 0006| one time in an amount not to exceed fifteen million dollars | 0007| ($15,000,000) payable solely from the public project revolving | 0008| fund for the design, construction and equipping of state | 0009| correctional facilities in Lea and Guadalupe counties on terms | 0010| and conditions established by the authority when the | 0011| corrections department certifies the need for the issuance of | 0012| the bonds, subject to the prior issuance of the bonds | 0013| authorized in Sections 9 and 10 of this act for those | 0014| facilities. The net proceeds from the sale of the bonds are | 0015| appropriated to the corrections department for the design, | 0016| construction and equipping of state correctional facilities in | 0017| Lea county and Guadalupe county, subject to the provisions and | 0018| requirements in Section 9 of this act for those facilities. | 0019| Section 9. NEW MEXICO FINANCE AUTHORITY--REVENUE BONDS-- | 0020| PURPOSE--APPROPRIATION OF PROCEEDS.-- | 0021| A. The New Mexico finance authority may issue and | 0022| sell revenue bonds, payable solely from the correctional | 0023| facilities financing fund, in compliance with the provisions of | 0024| the New Mexico Finance Authority Act in installments or at one | 0025| time in an amount not to exceed twenty-nine million dollars | 0001| ($29,000,000) for the purpose of financing the design, | 0002| construction and equipping of state correctional facilities in | 0003| Lea county and Guadalupe county, including payment of costs of | 0004| issuance of the bonds and establishing necessary reserves for | 0005| the bonds, when the corrections department certifies the need | 0006| for the issuance of the bonds and the requirements of | 0007| Subsections C and D of this section have been met. | 0008| B. Twenty-six million dollars ($26,000,000) of the | 0009| net proceeds from the bonds are appropriated to the corrections | 0010| department to design, construct and equip: | 0011| (1) a correctional facility of not more than | 0012| eight hundred beds that is located in Guadalupe county and | 0013| built with the necessary infrastructure to accommodate one | 0014| thousand two hundred beds; and | 0015| (2) a correctional facility of not more than | 0016| one thousand six hundred beds that is located in Lea county and | 0017| built with the necessary infrastructure to accommodate two | 0018| thousand two hundred beds. | 0019| C. Each county or political subdivisions in the | 0020| county in which a correctional facility is to be located | 0021| pursuant to Subsection B of this section shall provide land for | 0022| the facility site and arrange for utilities, roads and related | 0023| infrastructure needs to the property line of the prison site in | 0024| the form of in-kind contributions. In addition, the city of | 0025| Hobbs and Lea county shall each contribute five million dollars | 0001| ($5,000,000) in local matching funds for the state correctional | 0002| facility project in Lea county, which shall be deposited into | 0003| the correctional facilities financing fund. | 0004| D. The bonds authorized in Subsection A of this | 0005| section and in Section 10 of this act for state correctional | 0006| facilities in Lea county and Guadalupe county shall not be | 0007| issued until the corrections department has certified that | 0008| neither of the facilities shall be constructed unless both of | 0009| the facilities are constructed, as nearly as practicable, | 0010| simultaneously. | 0011| Section 10. SEVERANCE TAX BONDS--PURPOSE--APPROPRIATION | 0012| OF PROCEEDS.--The state board of finance shall issue and sell | 0013| severance tax bonds in compliance with the Severance Tax | 0014| Bonding Act in an amount not to exceed seventy million dollars | 0015| ($70,000,000) when the corrections department certifies the | 0016| need for the issuance of the bonds. The state board of finance | 0017| shall schedule the issuance and sale of the bonds in the most | 0018| expeditious and economical manner possible upon a finding by | 0019| the board that the project has been developed sufficiently to | 0020| justify the issuance and that the project can proceed to | 0021| contract within a reasonable time. The state board of finance | 0022| shall further take the appropriate steps necessary to comply | 0023| with the Internal Revenue Code of 1986, as amended. The | 0024| proceeds from the sale of the bonds are appropriated to the | 0025| corrections department for the design, construction and | 0001| equipping of state correctional facilities in Lea county and | 0002| Guadalupe county, subject to the requirements and provisions | 0003| for those facilities in Section 9 of this act. Any unexpended | 0004| or unencumbered balance remaining six months after completion | 0005| of a project shall revert to the severance tax bonding fund. | 0006| If the corrections department has not certified the need for | 0007| the issuance of the bonds by the end of fiscal year 1999, the | 0008| authorization provided in this section shall be void. | 0009| Section 11. REPEAL.--Laws 1995, Chapter 214, Section 2 is | 0010| repealed. | 0011| Section 12. EFFECTIVE DATE.-- | 0012| A. The effective date of the provisions of Sections | 0013| 4, 5 and 7 of this act is July 1, 1997. | 0014| B. The effective date of the provisions of Sections | 0015| 3 and 6 of this act is August 1, 1997. | 0016| Section 16. EMERGENCY.--It is necessary for the public | 0017| peace, health and safety that this act take effect immediately. | 0018|  |