1 AN ACT 2 RELATING TO CAPITAL EXPENDITURES; MAKING APPROPRIATIONS FROM 3 THE GENERAL FUND AND OTHER STATE FUNDS; AUTHORIZING 4 EXPENDITURES FROM CERTAIN FUNDS AND BALANCES; PROVIDING FOR 5 THE ISSUANCE OF SEVERANCE TAX BONDS AND APPROPRIATION OF 6 SEVERANCE TAX BOND PROCEEDS FOR CERTAIN PROJECTS PREVIOUSLY 7 AUTHORIZED BY LAW AND TO CERTAIN FUNDS AS PROVIDED BY 8 SECTIONS 7-27-10.1 and 7-27-12.5 NMSA 1978 (BEING LAWS 2003, 9 CHAPTER 134, SECTION 1 AND LAWS 2010, CHAPTER 10, SECTION 9, 10 AS AMENDED); ESTABLISHING CONDITIONS FOR THE REVERSION OF 11 UNEXPENDED BALANCES; DECLARING AN EMERGENCY. 12 13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: 14 SECTION 1. GENERAL FUND AND OTHER FUND APPROPRIATIONS-- 15 LIMITATIONS--REVERSIONS.-- 16 A. Except as otherwise specifically provided by 17 law: 18 (1) the unexpended balance of an 19 appropriation made in this act from the general fund or other 20 state funds shall revert no later than the following dates: 21 (a) for a project for which an 22 appropriation was made to match federal grants, six months 23 after completion of the project; 24 (b) for a project for which an 25 appropriation was made to purchase vehicles, including SFC/SB 280 Page 1 1 emergency vehicles and other vehicles that require special 2 equipment; heavy equipment; books; educational technology; or 3 other equipment or furniture that is not related to a more 4 inclusive construction or renovation project, at the end of 5 the fiscal year two years following the fiscal year in which 6 the appropriation was made for the purchase; and 7 (c) for any other project for which an 8 appropriation was made, within six months of completion of 9 the project, but no later than the end of fiscal year 2023; 10 and 11 (2) all remaining balances from an 12 appropriation made in this act for a project shall revert 13 three months after the latest reversion date specified for 14 that type of project in Paragraph (1) of this subsection. 15 B. Upon certification by a state agency that money 16 from the general fund is needed for a purpose specified in 17 this act, the secretary of finance and administration shall 18 disburse such amount of the appropriation for that project as 19 is necessary to meet that need. 20 C. If a political subdivision of the state that 21 would receive a capital project appropriation, either as a 22 project recipient or fiscal agent, has had a disclaimed or 23 adverse opinion on its most recent annual or special audit, 24 the political subdivision shall not receive the appropriation 25 or act as fiscal agent for a project recipient. This SFC/SB 280 Page 2 1 requirement shall not apply to a disclaimed or adverse 2 opinion based on a component unit, as defined by the 3 governmental accounting standards board, of the political 4 subdivision. The state agency that certifies the capital 5 project appropriation shall try to find another appropriate 6 political subdivision to act as fiscal agent. If an 7 appropriate political subdivision cannot be found, the state 8 agency, with the governor's approval, shall serve as the 9 fiscal agent for the project. If the governor fails to 10 approve the state agency acting as fiscal agent, the 11 authorization or appropriation shall be void. 12 D. Except for appropriations to the capital 13 program fund, money from appropriations made in this act 14 shall not be used to pay indirect project costs. 15 E. Except as provided in Subsection G of this 16 section, the balance of an appropriation made from the 17 general fund shall revert in the time frame set forth in 18 Subsection A of this section to the capital projects fund. 19 F. Except as provided in Subsection G of this 20 section, the balance of an appropriation made from other 21 state funds shall revert in the time frame set forth in 22 Subsection A of this section to the originating fund. 23 G. The balance of an appropriation made from the 24 general fund or other state funds to the Indian affairs 25 department or the aging and long-term services department for SFC/SB 280 Page 3 1 a project located on lands of an Indian nation, tribe or 2 pueblo shall revert in the time frame set forth in Subsection 3 A of this section to the tribal infrastructure project fund. 4 H. For the purpose of this section, "unexpended 5 balance" means the remainder of an appropriation after 6 reserving for unpaid costs and expenses covered by binding 7 written obligations to third parties. 8 SECTION 2. ADMINISTRATIVE OFFICE OF THE COURTS 9 PROJECTS--GENERAL FUND.--The following amounts are 10 appropriated from the general fund to the administrative 11 office of the courts for expenditure in fiscal years 2019 12 through 2023, unless otherwise provided in Section 1 of this 13 act, for the following purposes: 14 1. one million seven hundred ninety-nine thousand 15 eight hundred thirty dollars ($1,799,830) to plan, design, 16 construct, furnish and equip a new courtroom, including 17 demolition of the existing third floor area courtroom, at the 18 second judicial district court in Albuquerque in Bernalillo 19 county; 20 2. three hundred fifty thousand dollars ($350,000) 21 to plan and design, including specific cost estimates, a 22 joint magistrate and municipal court complex in Anthony in 23 Dona Ana county; 24 3. twenty-one thousand three hundred sixty-one 25 dollars ($21,361) to purchase and equip microfilm scanners SFC/SB 280 Page 4 1 for the third judicial district court in Las Cruces in 2 Dona Ana county; 3 4. fifteen thousand dollars ($15,000) to purchase 4 and install security equipment, including walk-through metal 5 detectors, x-ray machines, generators and related equipment 6 and infrastructure, for the third judicial district court in 7 Las Cruces in Dona Ana county; 8 5. one million five hundred thousand dollars 9 ($1,500,000) to purchase and install security systems, 10 technology upgrades and facility upgrades related to security 11 systems at magistrate courts and judicial district courts 12 statewide; 13 6. eight hundred thousand dollars ($800,000) to 14 plan, design, construct, furnish and equip facility 15 improvements and to purchase and install telephone systems at 16 the fourth judicial district court, the ninth judicial 17 district court and magistrate courts statewide; and 18 7. seven hundred thousand dollars ($700,000) to 19 purchase and install technology upgrades at magistrate courts 20 and judicial district courts statewide. 21 SECTION 3. ADMINISTRATIVE OFFICE OF THE DISTRICT 22 ATTORNEYS PROJECT--GENERAL FUND.--One hundred fifty thousand 23 dollars ($150,000) is appropriated from the general fund to 24 the administrative office of the district attorneys for 25 expenditure in fiscal years 2019 through 2023, unless SFC/SB 280 Page 5 1 otherwise provided in Section 1 of this act, to plan, design, 2 construct, purchase, furnish, equip and install information 3 technology improvements, including security systems and 4 infrastructure, for the administrative office of the district 5 attorneys in district attorney's offices statewide. 6 SECTION 4. AGING AND LONG-TERM SERVICES DEPARTMENT 7 PROJECTS--GENERAL FUND.--The following amounts are 8 appropriated from the general fund to the aging and long-term 9 services department for expenditure in fiscal years 2019 10 through 2023, unless otherwise provided in Section 1 of this 11 act or in the items below, for the following purposes: 12 1. two hundred forty-seven thousand dollars 13 ($247,000) to purchase and equip a meal delivery vehicle and 14 to make improvements to the facility at the Whispering Pines 15 senior meal site in Bernalillo county; 16 2. fifty thousand dollars ($50,000) to plan, 17 design, construct, equip and furnish improvements to the 18 Alameda senior meal site in Bernalillo county; 19 3. four hundred thousand dollars ($400,000) to 20 plan, design and construct repairs and improvements, 21 including site improvements, and to purchase and install 22 equipment and furniture at the Paradise Hills community 23 center senior annex in Albuquerque in Bernalillo county; 24 4. twenty-five thousand dollars ($25,000) to plan, 25 design, construct, equip and furnish improvements, including SFC/SB 280 Page 6 1 to the front and rear patios, entrance, storage, bathroom, 2 dining room, multipurpose rooms and parking, at the Rio Bravo 3 senior meal site in Bernalillo county; 4 5. one hundred forty-five thousand one hundred 5 sixty-seven dollars ($145,167) to purchase and equip an 6 accessible vehicle and to plan, design, construct, equip and 7 install improvements, including improvements to comply with 8 the federal Americans with Disabilities Act of 1990, an air 9 quality control vacuum system, a ventilation system and 10 mezzanine improvements, at the South Valley multipurpose 11 senior center in Bernalillo county; 12 6. four hundred ninety-five thousand dollars 13 ($495,000) to purchase land and a building for and to plan, 14 design, construct, renovate, furnish and equip an adult 15 daycare and respite facility in the Atrisco community in 16 Albuquerque in Bernalillo county; 17 7. thirty-five thousand dollars ($35,000) to plan, 18 design, construct, renovate, furnish and equip improvements 19 to the Bear Canyon senior center in Albuquerque in Bernalillo 20 county; 21 8. three hundred thirty-four thousand dollars 22 ($334,000) for expenditure in fiscal years 2020 through 2023 23 to plan, design, construct, renovate, equip and furnish the 24 Tijeras senior center in Tijeras in Bernalillo county; 25 9.