SB 5 — SOLVENCY MEASURES
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This bill has been enacted into law. Introduced June 18, 2020. Enacted.
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Bill Text
What changed in the latest version
857 added · 1287 removedPlain-language change summary
The recent changes to Bill SB 5 include adding provisions for voiding certain general fund appropriations and authorizing the issuance of various short-term bonds. This is significant because it allows the state to better manage its financial resources, ensuring that any unspent funds can be redirected and that new financing options are available for public projects. By clarifying these processes, the bill aims to enhance fiscal accountability and address urgent funding needs more effectively.
SENATE BILL 5 54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 2020 INTRODUCED BY George K.
Munoz and Stuart Ingle This document incorporates amendments that have been adopted during the current legislative session.
The document is a tool to show the amendments in context and is not to be used for the purpose of amendments.
VOIDING GENERAL FUND APPROPRIATIONS h MADE FOR CERTAIN PROJECTSPROJECTS, SFCº, UNDER CERTAIN CIRCUMSTANCESCIRCUMSTANCES; g o »SFC;
AUTHORIZING THE ISSUANCE OF SHORT-TERM SEVERANCE TAX t hr g e i k BONDS, SHORT-TERM SUPPLEMENTAL SEVERANCE TAX BONDS AND STATE h r i s TRANSPORTATION PROJECT BONDS;
PROVIDING FOR CERTAIN TRANSFERS h , t, TO THE GENERAL FUND AND TO THE APPROPRIATION CONTINGENCY FUND e u g e b l e e h FROM OTHER FUNDS;
REPEALING LAWS 2020, CHAPTER 64, SECTIONS 1 n d d i = = o h THROUGH SFCº5; 4»SFC SFCº5»SFC;
DECLARING l ] b ,d i a º e AN EMERGENCY.
rBE iIT =ENACTED rBY tTHE eLEGISLATURE wOF dTHE mSTATE aOF nNEW oMEXICO: d m :
b e d s º o t n = s k m e .218021.1 e a n e d r e l u [ A d BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
REVERSION OF BALANCES FROM LAWS 2019 GENERAL FUND APPROPRIATIONS FOR CERTAIN CAPITAL PROJECTS.--PROJECTS.--Except SFCºNotwithstanding»SFC SFCºExcept as otherwise provided in Section 2 of this 2020 act,»SFCact, the requirements for reversion contained in Section 6-29-9 NMSA 1978 or in Laws 2019, Chapter 277, Section 1, on SFCºthethe date occurring ninety days after»SFCafter the effective date of this act, the unexpended or unencumbered balances of appropriations made from the general fund in Laws 2019, Chapter 277 to the following agencies for the following described projects shall revert to the general fund SFCº ,»SFC and SFCº, within thirty days of the effective date of this»SFC SFCºact,»SFC the department of finance and administration shall transfer such unexpended or unencumbered balances to the general fund:
to the economic development department, one SB 5 Page 1 hundred thousand dollars ($100,000) for upgrades and repairs to h the mobile livestock slaughter unit for the Taos county u » r t h economic development corporation in Taos county;
g e l i B.
h r i s (1) seventy-three thousand dollars ($73,000) h , e h t u g to plan, design, construct, renovate, demolish, furnish, equip e b l e e , gh and install improvements to science classrooms at East Mountain n d d i = = o h high school in the Albuquerque public school district in l ] b ,d i a º r e r = Bernalillo county;
t(2) etwo whundred dthousand mdollars a($200,000) nto opurchase (2)and twoequip hundredan thousandactivity dollarsbus ($200,000)for tothe dGadsden mindependent :school district in Dona Ana county;
b r e t º o t n = s k m e .218021.1 -2- e a n e d r e l u [ A d purchase and equip an activity bus for the Gadsden independent school district in Dona Ana county;
(5) thirty-five thousand dollars ($35,000) to plan, design, construct, equip, furnish and install a Kiva outdoor classroom and seating area at Nina Otero community SB 5 Page 2 school in the Santa Fe public school district in Santa Fe h county;
u » r (6) ten thousand dollars ($10,000) for t h g e l i development of an educational specification plan for h r i s alternative site facilities and to plan, design, construct, h , e h purchase and make improvements for permanent facilities at t u g e b l e e , gh these sites in the Santa Fe public school district in Santa Fe n d d i = = o h county;
l ] b ,d i a º r (7) ten thousand dollars ($10,000) to acquire eproperty rand =to tplan, edesign wand dconstruct m a nschool ofacility propertyfor andthe toTierra plan,Encantada designcharter andschool constructin aSanta schoolFe facilityin dSanta mFe :county;
b r e t º o t n = s k m e .218021.1 - 3 - e a n e d r e l u [ A d for the Tierra Encantada charter school in Santa Fe in Santa Fe county;
(10) fifty thousand dollars ($50,000) to purchase resources for the library at Milagro middle school SB 5 Page 3 in the Santa Fe public school district in Santa Fe county;
and h (11) three hundred thousand dollars ($300,000) u » r to plan, design and construct a building for the Red River t h g e l i Valley charter school in Red River in Taos county;
h r i s C.
h , e h (1) sixty thousand dollars ($60,000) to plan, t u g e b l e e , gh design and construct water system improvements for the Puerto n d d i = = o h de Luna mutual domestic water consumers and mutual sewage works l ] b ,d i a º r association in Guadalupe county;
e(2) rtwo =hundred tfifty ethousand wdollars d($250,000) mto aplan, ndesign, oconstruct, (2)purchase twoand hundredinstall fiftywater thousandmeters dollarsfor dthe mwater :system in Vaughn in Guadalupe county;
b r e t º o t n = s k m e .218021.1 - 4 - e a n e d r e l u [ A d ($250,000) to plan, design, construct, purchase and install water meters for the water system in Vaughn in Guadalupe county;
SB 5 Page 4 (6) two hundred thousand dollars ($200,000) to purchase, equip and install radio read meters for the Agua Sana h water users association in Rio Arriba county;
u » r (7) four hundred thousand dollars ($400,000) t h g e l i to plan, design and construct a regional pipeline connection to h r i s the Flora Vista water system from the North Star domestic water h , e h consumers and mutual sewage works cooperative in San Juan t u g e b l e e , gh county;
n d d i = = o h (8) five hundred thousand dollars ($500,000) l ] b ,d i a º r to plan, design and construct a water line extension from the eBlanco rmutual =domestic twater econsumers wand dmutual msewage aworks nassociation oto Blancothe mutualTurley domesticand waterSan consumersJuan and mutualLas sewageVegas workscommunities din mSan :Juan county;
b r e t º o t n = s k m e .218021.1 - 5 - e a n e d r e l u [ A d association to the Turley and San Juan and Las Vegas communities in San Juan county;
SB 5 Page 5 D.
(1) one hundred ninety thousand dollars ($190,000) to plan, design, construct and equip the Laguna h K'awaika community center in the Pueblo of Laguna in Cibola u » r county;
t h g e l i (2) three hundred sixty thousand dollars h r i s ($360,000) to plan, design, construct, furnish and equip an h , e h education complex, including a library, for the Pueblo of Santa t u g e b l e e , gh Ana in Sandoval county;
and n d d i = = o h (3) twenty-five thousand dollars ($25,000) to l ] b ,d i a º r purchase furniture, information technology and equipment for e r = t e w d m a n o the leadership institute at the Santa Fe Indian school in Santa dFe min :Santa Fe county;
b r e t º o t n = s k m e .218021.1 - 6 - e a n e d r e l u [ A d Fe in Santa Fe county;
(3) seven thousand dollars ($7,000) to SB 5 Page 6 purchase tools and equipment for a community bicycle recycling program in the Atrisco community and southwest area of Albuquerque in Bernalillo county;
h (4) six hundred thousand dollars ($600,000) to u » r plan, design and construct phase 1 of the Cibola loop community t h g e l i complex, including a library and multigenerational center, in h r i s Albuquerque in Bernalillo county;
h , e h (5) seventy-five thousand dollars ($75,000) to t u g e b l e e , gh plan, design, construct, purchase, equip and install n d d i = = o h improvements, including heating, ventilation and air l ] b ,d i a º r conditioning systems, at a community dental program in e r = t e w d m a n o Albuquerque in Bernalillo county;
d(6) mthree :hundred sixty thousand five hundred dollars ($360,500) to acquire property and to plan, design and construct an urban green space along the Crestview bluff area off the Arenal drain from west Central avenue to Bridge boulevard both within and outside the city limits of Albuquerque in Bernalillo county;
b r e t º o t n = s k m e .218021.1 - 7 - e a n e d r e l u [ A d (6) three hundred sixty thousand five hundred dollars ($360,500) to acquire property and to plan, design and construct an urban green space along the Crestview bluff area off the Arenal drain from west Central avenue to Bridge boulevard both within and outside the city limits of Albuquerque in Bernalillo county;
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(8) twenty thousand dollars ($20,000) to plan, design, construct, furnish and equip a covered accessible bus stop at Golf Course road serving southbound commuter route 92 at Homestead trail in Albuquerque in SB 5 Page 7 Bernalillo county;
(9) eight hundred twenty-three thousand eight hundred ninety-eight dollars ($823,898) to plan, design, construct and renovate a facility for the Holocaust and h Intolerance museum in Albuquerque in Bernalillo county;
u » r (10) ninety-five thousand dollars ($95,000) to t h g e l i furnish, equip and purchase information technology for a h r i s flamenco institute headquarters in Albuquerque in Bernalillo h , e h county;
t u g e b l e e , gh (11) one hundred twenty-five thousand dollars n d d i = = o h ($125,000) to plan, design, construct, renovate, furnish, equip l ] b ,d i a º r and install phase 3 improvements, including a basketball court, e r = t e w d m a n o to the Joan Jones community center in Albuquerque in Bernalillo dcounty; m :
b r e t º o t n = s k m e .218021.1 - 8 - e a n e d r e l u [ A d county;
(14) fifty thousand dollars ($50,000) to plan, design, construct and install route 66 signage at the Central avenue and Lomas boulevard intersection area in SB 5 Page 8 Albuquerque in Bernalillo county;
(15) one hundred five thousand dollars ($105,000) to plan, design, construct, furnish and equip a driver's room at the Spanish Bit transit station in Albuquerque h in Bernalillo county;
u » r (16) four hundred ninety thousand dollars t h g e l i ($490,000) to plan, design, construct, furnish and equip a h r i s bicycle repair education facility in Villela park in h , e h Albuquerque in Bernalillo county;
t u g e b l e e , gh (17) two hundred forty thousand dollars n d d i = = o h ($240,000) to purchase property for the development of a park l ] b ,d i a º r near the Wells Park community center in Albuquerque in e r = t e w d m a n o Bernalillo county;
d(18) mone :hundred thousand dollars ($100,000) to acquire land for and to plan, design, construct and equip the Westgate little league complex in Albuquerque in Bernalillo county;
b r e t º o t n = s k m e .218021.1 - 9 - e a n e d r e l u [ A d (18) one hundred thousand dollars ($100,000) to acquire land for and to plan, design, construct and equip the Westgate little league complex in Albuquerque in Bernalillo county;
SB 5 Page 9 (21) twenty thousand dollars ($20,000) to plan, design, construct, renovate, purchase, equip and install improvements, including fencing, to a veterans memorial park in Mosquero in Harding county;
h (22) two hundred forty thousand dollars u » r ($240,000) to plan, design, construct, furnish and equip t h g e l i improvements, including a new screen, projection equipment, h r i s seats, restrooms and a concession area, to the Chief theater in h , e h Mora county;
t u g e b l e e , gh (23) thirty-eight thousand dollars ($38,000) n d d i = = o h to plan, design, construct and equip a rural electric vehicle l ] b ,d i a º r charging network for the Greentree solid waste authority and e r = t e w d m a n o the Mescalero Apache Tribe in Lincoln and Otero counties;
d(24) mone :hundred eighty-five thousand dollars ($185,000) to purchase property and to plan, design and construct new recreational spaces and trails in Espanola in Rio Arriba and Santa Fe counties;
b r e t º o t n = s k m e .218021.1 - 10 - e a n e d r e l u [ A d (24) one hundred eighty-five thousand dollars ($185,000) to purchase property and to plan, design and construct new recreational spaces and trails in Espanola in Rio Arriba and Santa Fe counties;
(27) fifty thousand dollars ($50,000) to SB 5 Page 10 plan, design, construct, renovate, furnish and equip improvements to the Tecolote land grant-merced multipurpose center, including the roof and septic system, in San Miguel county;
(28) thirty thousand dollars ($30,000) to plan h and design improvements to a community park in Jemez Springs in u » r Sandoval county;
t h g e l i (29) ninety-five thousand dollars ($95,000) to h r i s plan, design, construct and equip a yurt for the Santa Fe h , e h mountain center youth and adult programs in Santa Fe county;
t u g e b l e e , gh (30) eighty-four thousand five hundred dollars n d d i = = o h ($84,500) to plan, design, construct and equip improvements to l ] b ,d i a º r the Santa Fe mountain center urban adventure center building in e r = t e w d m a n o Santa Fe in Santa Fe county;
d(31) mone :hundred thousand dollars ($100,000) to plan, design, renovate, construct, equip and furnish a multipurpose center in Cerro in Taos county;
b r e t º o t n = s k m e .218021.1 - 11 - e a n e d r e l u [ A d (31) one hundred thousand dollars ($100,000) to plan, design, renovate, construct, equip and furnish a multipurpose center in Cerro in Taos county;
(2) one hundred fifty-two thousand dollars SB 5 Page 11 ($152,000) to acquire rights of way for and to plan, design and construct improvements, including accessibility, to sidewalks in the Parkland Hills neighborhood in Albuquerque in Bernalillo county;
(3) seventy-five thousand dollars ($75,000) to h plan, design and construct pedestrian and traffic calming u » r improvements to the Santa Barbara-Martineztown area of t h g e l i Albuquerque in Bernalillo county;
h r i s (4) one hundred thousand dollars ($100,000) to h , e h plan and design improvements to Palomas avenue NE from t u g e b l e e , gh Louisiana boulevard to San Pedro road in Albuquerque in n d d i = = o h Bernalillo county;
l ] b ,d i a º r (5) one hundred thousand dollars ($100,000) to e r = t e w d m a n o acquire rights of way for and to plan, design and construct dsidewalks min :La Union in Dona Ana county;
b r e t º o t n = s k m e .218021.1 - 12 - e a n e d r e l u [ A d sidewalks in La Union in Dona Ana county;
and (8) one hundred fifteen thousand dollars ($115,000) for a drainage master plan and to plan, design and SB 5 Page 12 construct drainage improvements in Rio Communities in Valencia county;
SFCº and»SFC G.
(1) three hundred thousand dollars ($300,000) to plan, design and construct the central New Mexico community h college film production center of excellence at the rail yards u » r in Albuquerque in Bernalillo county;
t h g e l i (2) seven hundred fifty thousand dollars h r i s ($750,000) for the expansion of the trades program facility at h , e h the Crownpoint campus of Navajo technical university in t u g e b l e e , gh McKinley county;
and n d d i = = o h (3) ten thousand dollars ($10,000) to plan, l ] b ,d i a º r design, construct, renovate, purchase, equip and install einfrastructure rimprovements =to tSanta eFe wcommunity dcollege madult aeducation nfacilities, oincluding infrastructureflooring, improvementsequipment toand Santatraining Feand communitylaboratory collegespace adultimprovements, din mSanta :Fe county;
b r e t º o t n = s k m e .218021.1 - 13 - e a n e d r e l u [ A d education facilities, including flooring, equipment and trainingH. and laboratory space improvements, in Santa Fe county SFCº .»SFC SFCº;
and»SFC SFCºH.
EXCEPTION TO REVERSION OF BALANCES FROM LAWS 2019 GENERAL FUND APPROPRIATIONS FOR CERTAIN CAPITAL PROJECTS.--A reversion of an appropriation, as provided SB 5 Page 13 pursuant to Section 1 of this 2020 act, shall be void if the agency for which the appropriation was made certifies to the secretary of finance and administration, before a date occurring ninety days after the effective date of this 2020 act, that the agency has incurred a substantial binding h obligation to a third party to expend at least five percent of u » r t h the appropriation for the project.»SFCproject. g e l i SECTION SFCº2»SFC SFCº3»SFC.
REVERSIONSECTION OF3. BALANCES FROM h r i s LAWS 2019 GENERAL FUND APPROPRIATION TO THE BORDER h , e h t u g AUTHORITY.--Notwithstanding the requirements for reversion e b l e e , gh contained in Laws 2019, Chapter 277, Section 1, on the n d d i = = o h effective date of this act, two million four hundred thousand l ] b ,d i a º r e r = dollars ($2,400,000) of the unexpended or unencumbered balance t e w d m a n o of the appropriation to the border authority to plan, design d m :
bREVERSION rOF eBALANCES tFROM ºLAWS o2019 tGENERAL nFUND =APPROPRIATION sTO kTHE mBORDER eAUTHORITY.--Notwithstanding .218021.1the -requirements 14for -reversion econtained ain nLaws e2019, dChapter r277, eSection l1, uon [the Aeffective ddate of this act, two million four hundred thousand dollars ($2,400,000) of the unexpended or unencumbered balance of the appropriation to the border authority to plan, design and construct a road between Santa Teresa and Sunland Park in Dona Ana county as provided in Subsection 1 of Section 6 of Chapter 277 of Laws 2019 shall revert to the general fund, and within thirty days of the effective date of this act, the department of finance and administration shall transfer such unexpended or unencumbered balance to the general fund.
SECTION SFCº3»SFC4. SFCº4»SFC.
SHORT-TERM SEVERANCE TAX BONDS AND SHORT-TERMSHORT- TERM SUPPLEMENTAL SEVERANCE TAX BONDS--BONDS--ISSUANCE-- ISSUANCE--APPROPRIATIONAPPROPRIATION OF PROCEEDS.-- A.
In addition to the bonds issued in accordance with Section 7-27-14 NMSA 1978, and notwithstanding the SB 5 Page 14 limitations of that section, Section 7-27-10.1 NMSA 1978 or Section 7-27-12.5 NMSA 1978, in fiscal year 2020, the state board of finance shall, in compliance with the Severance Tax Bonding Act, issue and sell severance tax bonds with a term that does not extend beyond the end of the fiscal year or h supplemental severance tax bonds with a term that does not u » r extend beyond the end of the fiscal year, or a combination of t h g e l i those severance tax bonds and supplemental severance tax bonds, h r i s up to the total amount calculated pursuant to Subsection C of h , e h this section, when the:
t u g e b l e e , gh (1) secretary of finance and administration n d d i = = o h certifies the need for the severance tax bonds pursuant to l ] b ,d i a º r Subsection B of this section and upon a finding by the esecretary rthat =the tprojects efor wwhich dthe mbonds aare nto obe secretaryissued thathave been developed sufficiently to justify the projectsissuance forand whichthat the bondsprojects arecan proceed to becontract dwithin ma :reasonable time;
b r e t º o t n = s k m e .218021.1 - 15 - e a n e d r e l u [ A d issued have been developed sufficiently to justify the issuance and that the projects can proceed to contract within a reasonable time;
SB 5 Page 15 (1) debt service on the severance tax bonds and supplemental severance tax bonds issued in accordance with this section;
and (2) amount necessary to meet all principal and interest payments on outstanding bonds payable from the h severance tax bonding fund on the next two ensuing semiannual u » r payment dates.
t h g e l i C.
The secretary of finance and administration h r i s shall, prior to the end of fiscal year 2020, determine the h , e h amount of money in the severance tax bonding fund, less the t u g e b l e e , gh amount necessary to meet all principal and interest payments on n d d i = = o h the:
l ] b ,d i a º r (1) severance tax bonds and supplemental e r = t e w d m a n o severance tax bonds issued in accordance with this section;
and d(2) mbonds :payable from the severance tax bonding fund on the next two ensuing semiannual payment dates.
b r e t º o t n = s k m e .218021.1 - 16 - e a n e d r e l u [ A d (2) bonds payable from the severance tax bonding fund on the next two ensuing semiannual payment dates.
Except as provided in Subsection G of this section, proceeds from the sale of the severance tax bonds SB 5 Page 16 issued and sold pursuant to this section shall be appropriated up to the amounts, to the entities and for the projects as provided pursuant to:
and h (3) Laws 2019, Chapter 280, Sections 4 and g o t hr 114.
g e i k F.
The agencies for which appropriations are made h r i s pursuant to Subsection E of this section shall certify the need h , t, for severance tax bonds when proceeds from the bonds e u g e b l e e h appropriated in this section are needed for the purposes for n d d i = = o h which the appropriations are made.
l ] b ,d i a º e G.
The following percentages of the proceeds from r i = r t e w d m a n o the severance tax bonds are appropriated as follows:
d(1) mnine :percent of the proceeds is appropriated to the water project fund to fund water projects statewide, pursuant to the provisions of Subsection C of Section 7-27-10.1 NMSA 1978;
b e d s º o t n = s k m e .218021.1 - 17 - e a n e d r e l u [ A d (1) nine percent of the proceeds is appropriated to the water project fund to fund water projects statewide, pursuant to the provisions of Subsection C of Section 7-27-10.1 NMSA 1978;
and SB 5 Page 17 (3) four and one-half percent of the proceeds is appropriated to the colonias infrastructure project fund to fund colonias infrastructure projects in accordance with the provisions of Subsection B of Section 7-27-12.5 NMSA 1978.
Provided that the secretary of finance and administration makes the certification pursuant to Subsection B of this section, in addition to proceeds from any other supplemental severance tax bonds issued in fiscal year 2020, h the public school capital outlay council may, in fiscal year u » r 2020, certify the need for supplemental severance tax bond t h g e l i proceeds in an aggregate principal amount not to exceed fifty-fifty-five h r i s five million dollars ($55,000,000).
h , e h I.
Except as otherwise specifically provided by t u g e b l e e , gh law:
n d d i = = o h (1) the unexpended balance from the proceeds l ] b ,d i a º r of severance tax bonds appropriated in this section for a e r = t e w d m a n o project shall revert to the severance tax bonding fund no later dthan mthe :following dates:
b r e t º o t n = s k m e .218021.1 - 18 - e a n e d r e l u [ A d than the following dates:
(b) for a project for which severance tax bond proceeds are appropriated to purchase vehicles, including emergency vehicles and other vehicles that require specialSB equipment5 S/corrºPage ;»S/corr18 heavyspecial equipment;
heavy equipment;
and (c) for any other project for which severance tax bonds were appropriated, within six months of the completion of the project, but no later than the end of fiscal h year 2024;
and u » r (2) all remaining balances from the proceeds t h g e l i of severance tax bonds appropriated for a project pursuant to h r i s this section shall revert to the severance tax bonding fund h , e h three months after the latest reversion date specified for that t u g e b l e e , gh type of project in Paragraph (1) of this subsection.
n d d i = = o h J.
Except for appropriations to the capital program l ] b ,d i a º r fund, money from severance tax bond proceeds provided pursuant e r = t e w d m a n o to this section shall not be used to pay indirect project dcosts. m :
b r e t º o t n = s k m e .218021.1 - 19 - e a n e d r e l u [ A d costs.
SECTION SFCº5. 4»SFC SFCº5»SFC.
Section 67-3-59.2 NMSA 1978 (being Laws 1999 (1st S.S.), Chapter 9, Section 3, as amended) is amended to SB 5 Page 19 read:
Balances in the fund at the end of any fiscal year shall not revert and shall remain in the h fund for the purposes authorized in this section.
g o t hr B.
Money in the fund shall be used solely for g e i k acquisition of rights of way or planning, design, engineering, h r i s construction or improvement of state highway projects h , t, authorized pursuant to the provisions of Laws 1998, Chapter 84, e u g e b l e e h Subsections C through H of Section 1 of Chapter 85 of Laws n d d i = = o h 1998, [and ] Laws 2003 (1st S.S.), Chapter 3, Sections 27 and 28 l ] b ,d i a º e and Section SFCº7»SFC8 SFCº8»SFC of this [2003] 2020 act and r i = r t e w d m a n o is appropriated to the department for expenditure for those dpurposes. m :
b e d s º o t n = s k m e .218021.1 - 20 - e a n e d r e l u [ A d purposes.
The taxes and fees required by law to be distributed to the highway infrastructure fund may be pledged for the payment of [state highway ] bonds issued pursuant to Sections 67-3-59.1, [and ] 67-3-59.3 and 67-3-59.4 NMSA 1978 and [Section 26 ] Section SFCº7»SFC8 SFCº8»SFC of this [2003] 2020 act for the highway projects authorized in the laws specified in Subsection B of this section." SECTIONSB SFCº5 5»SFCPage SFCº6»SFC.20 SECTION 6.
Section 67-3-59.3 NMSA 1978 (being Laws 2003 (1st S.S.), Chapter 3, Section 24) is amended to read:
In order to provide funds to finance state transportation projects, the New Mexico finance authority, when directed by the state transportation commission, is authorized, h subject to the limitations of this sectionsection, [and ], Section [26 g o t hr of this 2003 act] 67-3-59.4 NMSA 1978 and Section SFCº7»SFC8 g e i k SFCº8»SFC of this 2020 act, to issue state transportation h r i s project bonds from time to time, payable from:
h , t, e u g (1) federal funds not otherwise obligated that e b l e e h are paid into the state road fund;
n d d i = = o h (2) proceeds of the collection of taxes and l ] b ,d i a º e fees that are required to be paid into the state road fund and r i = r t e w d m a n o not otherwise pledged exclusively to the payment of outstanding dbonds mand :debentures;
b e d s º o t n = s k m e .218021.1 - 21 - e a n e d r e l u [ A d bonds and debentures;
SB 5 Page 21 C.
The New h Mexico finance authority may enter into interest rate exchange u » r agreements, interest rate swap contracts, insurance agreements, t h g e l i remarketing agreements and any other agreements deemed h r i s necessary in connection with the issuance of the bonds.
h , e h D.
Proceeds of the bonds and amounts on deposit in t u g e b l e e , gh the state road fund and the highway infrastructure fund may be n d d i = = o h used to pay expenses incurred in the preparation, l ] b ,d i a º r administration, issuance and sale of the bonds and, together ewith rthe =earnings ton ethe wproceeds dof mthe abonds, nmay obe withused to pay rebate, penalty, interest and other obligations relating to the earningsbonds onand the proceeds of the bonds,bonds mayunder bethe usedInternal toRevenue dCode mof :1986, as amended.
b r e t º o t n = s k m e .218021.1 - 22 - e a n e d r e l u [ A d pay rebate, penalty, interest and other obligations relating to the bonds and the proceeds of the bonds under the Internal Revenue Code of 1986, as amended.
SB 5 Page 22 F.
Any law authorizing the imposition or distribution of taxes or fees paid into the state road fund or the highway infrastructure fund or that affects those taxes and h fees shall not be amended or repealed or otherwise directly or u » r indirectly modified so as to impair outstanding bonds secured t h g e l i by a pledge of revenues from those taxes and fees paid into the h r i s state road fund or the highway infrastructure fund, unless the h , e h bonds have been discharged in full or provisions have been made t u g e b l e e , gh for a full discharge.
In addition, while any bonds issued by n d d i = = o h the New Mexico finance authority pursuant to the provisions of l ] b ,d i a º r this section remain outstanding, the powers or duties of the estate rtransportation =commission tor ethe wauthority dshall mnot abe ndiminished oor stateimpaired transportationin commissionany ormanner that will affect adversely the authorityinterests shalland notrights beof dthe mholder :of such bonds.
b r e t º o t n = s k m e .218021.1 - 23 - e a n e d r e l u [ A d diminished or impaired in any manner that will affect adversely the interests and rights of the holder of such bonds.
In contracting for state transportation projects to be paid in whole or in part with proceeds of bonds authorized by this section, the department shall require that any sand, gravel, caliche or similar material needed for the project shall, if practicable, be mined from SB 5 Page 23 state lands.
and h (3) the cost to the contractor for the u » r material, including the costs of transportation, is competitive t h g e l i with other available material from nonstate lands.
h r i s I.
Bonds issued pursuant to this section shall be h , e h paid solely from federal funds not otherwise obligated and t u g e b l e e , gh taxes and fees deposited into the state road fund and the n d d i = = o h highway infrastructure fund and shall not constitute a general l ] b ,d i a º r obligation of the state.
e r = t e w d m a n o J.
For purposes of this section, "state dtransportation mproject :bonds" includes only those bonds issued pursuant to this section and excludes transportation bonds as defined in Section 67-3-72 NMSA 1978." SECTION 7.
bSection r67-3-59.4 eNMSA t1978 º(being oLaws t2003 n(1st =S.S.), sChapter k3, mSection e26) .218021.1is -amended 24 - e a n e d r e l u [ A d transportation project bonds" includes only those bonds issued pursuant to thisread: section and excludes transportation bonds as defined in Section 67-3-72 NMSA 1978." SECTION SFCº 6»SFC SFCº7»SFC.
Section 67-3-59.4 NMSA (being Laws 2003 (1st S.S.), Chapter 3, Section 26) is amended to read:
STATE TRANSPORTATION PROJECT BONDS-- SB 5 Page 24 AUTHORIZATION AND APPROPRIATION--PRIORITIES--CRITERIA-- REPORTS.-- A.
It is the intent of the legislature to authorize the New Mexico finance authority to issue state transportation project bonds pursuant to Section 67-3-59.3 NMSA 1978 for projects specified in Laws 2003 (1st S.S.), Chapter 33, , Sections 27 and 28 [of this 2003 act ] and in Section SFCº7»SFC8 SFCº8»SFC of this 2020 act in the total aggregate principal amount of one billion five hundred eighty-five million dollars h($1,585,000,000). ($1,585,000,000) [in annual increments of three hundred fifty g o t hr million dollars ($350,000,000) beginning with the appropriation g e i k for 2003 provided for in Subsection B of this section].
h r i s B.
[After the effective date of this act ] The state h , t, e u g [transporation ] transportation commission may authorize the New e b l e e h Mexico finance authority to issue and sell state transportation n d d i = = o h project bonds.
The proceeds of the bonds are appropriated to l ] b ,d i a º e the department of transportation for projects listed in Laws r i = r t e w d m a n o 2003 (1st S.S.), Chapter 3, Sections 27 and 28 and in Section d8 mof :this 2020 act.
b e d s º o t n = s k m e .218021.1 - 25 - e a n e d r e l u [ A d SFCº7»SFC SFCº8»SFC of this [2003] 2020 act.
(1) justification of priority ranking of projects, including the following for each highway project enumerated in Laws 2003 (1st S.S.), Chapter 3, Sections 27 and [of28: this 2003 act ]:
(a) traffic counts and accident rates and the expected improvements to traffic flow, health and SB 5 Page 25 safety;
and (d) other information deemed significant h by the department;
g o t hr (2) the expected life of the proposed g e i k improvement;
h r i s (3) sufficiency of revenue to pay the h , t, principal and interest of all outstanding and proposed bonds e u g e b l e e h based on a five- and twenty-year financial forecast for the n d d i = = o h state road fund and the effect of the bond program on the l ] b ,d i a º e department's construction and maintenance program;
r i = r t e w d m a n o (4) status report of ongoing major dconstruction; m :
b e d s º o t n = s k m e .218021.1 - 26 - e a n e d r e l u [ A d construction;
The department of transportation shall adopt SB 5 Page 26 and enforce rules with the goal that no less than seventy percent of the work force of an exclusively state-funded project authorized in Laws 2003 (1st S.S.), Chapter 33, , Sections 27 and [of28 this 2003 act ] shall be residents of New Mexico." SECTION SFCº8. 7»SFC SFCº8»SFC.
DEPARTMENT OF TRANSPORTATION PROJECTS--APPROPRIATIONPROJECTS-- APPROPRIATION REVERSION--AUTHORIZATION h TO ISSUE STATE TRANSPORTATION PROJECT BONDS.-- g o t hr A.
Notwithstanding the provisions of Laws 2019, g e i k Chapter 271, Section 9, seventy-five million dollars h r i s ($75,000,000) of the unexpended or unencumbered balance of the h , t, appropriation provided pursuant to that law from the general e u g e b l e e h fund to the department of transportation for acquisition of n d d i = = o h rights of way, planning, design and construction and to match l ] b ,d i a º e federal and other state funds for projects shall not be r i = r t e w d m a n o expended or encumbered and shall revert to the general fund at dthe mend :of fiscal year 2020.
b e d s º o t n = s k m e .218021.1 - 27 - e a n e d r e l u [ A d the end of fiscal year 2020.
Of the aggregate principal amount of one billion five hundred eighty-five million dollars ($1,585,000,000) for state transportation project bonds that the New Mexico finance authority is authorized to issue pursuant to Sections 67-3-59.3 and 67-3-59.4 NMSA 1978, the New Mexico finance authority may, on or after July 1, 2022, issue and sell state transportation project bonds in a principal amount not to exceed seventy-five million dollars ($75,000,000) for acquisition of rights of way, planning, SB 5 Page 27 design and construction and to match federal and other state funds for projects for which general fund appropriations were made pursuant to Laws 2019, Chapter 271, Section 9.
The department of transportation may use the net proceeds of state transportation project bonds issued by the New Mexico finance authority pursuant to Subsection B of this h section for the projects for which general fund appropriations u » r were made pursuant to Laws 2019, Chapter 271, Section 9.
t h g e l i D.
Any unexpended or unencumbered balance after the h r i s completion of the projects authorized in this section shall h , e h revert to the state road fund.
t u g e b l e e , gh SECTION SFCº9. 8»SFC SFCº9»SFC.
FUND AND OTHER ACCOUNT n d d i = = o h TRANSFERS AND REVERSIONS TO THE GENERAL FUND--FISCAL YEAR l2020.-- ]Notwithstanding b ,d i a º r 2020.--Notwithstanding any restriction on or use of money in ethe rfunds =or taccounts, ethe wfollowing dunexpended mor aunencumbered nbalances ofrom the fundsfollowing oramounts accounts,from the following unexpendedfunds or unencumberedaccounts dare mtransferred :to the fiscal year 2020 appropriation account of the general fund:
b r e t º o t n = s k m e .218021.1 - 28 - e a n e d r e l u [ A d balances from the following amounts from the following funds or accounts are transferred to the fiscal year 2020 appropriation account of the general fund:
two million dollars ($2,000,000) from the SB 5 Page 28 enhanced 911 fund;
seven hundred fifty thousand dollars ($750,000) h from the medical cannabis fund;
g o t hr H.
two million dollars ($2,000,000) from the g e i k corrective action fund;
h r i s I.
four million dollars ($4,000,000) from the rural h , t, infrastructure revolving loan fund;
e u g e b l e e h J.
two million dollars ($2,000,000) from the n d d i = = o h college affordability endowment fund;
l ] b ,d i a º e K.
two million dollars ($2,000,000) from the r i = r t e w d m a n o student financial aid special programs fund of the higher deducation mdepartment; :
b e d s º o t n = s k m e .218021.1 - 29 - e a n e d r e l u [ A d education department;
two million five hundred thousand dollars ($2,500,000) from the drinking water state revolving loan SB 5 Page 29 fund of the New Mexico finance authority;
SECTION SFCº10. 9»SFC SFCº10»SFC.
TRANSFER TO APPROPRIATION CONTINGENCY FUND.--Notwithstanding any restriction on or use of money in the executive order fund of the homeland security and emergency management department, two million dollars ($2,000,000) is transferred from that fund to the appropriation h contingency fund of the general fund.
g o t hr SECTION SFCº11. 10»SFC SFCº11»SFC.
TEMPORARY PROVISION--PROVISION--OUTSTANDING g e i k OUTSTANDING STATE HIGHWAY REVENUE BONDS.-- h r i s A.
Nothing in this act shall be deemed to impair h , t, state highway revenue bonds previously issued by the state e u g e b l e e h transportation commission and outstanding on the effective date n d d i = = o h of this act.
l ] b ,d i a º e B.
If required by the terms, covenants and rprovisions iof =state rhighway trevenue ebonds wpreviously dissued mby athe nstate otransportation provisionscommission and outstanding on the effective date of statethis highwayact, revenueadditional bonds previously issued by dthe mstate :transportation commission or the New Mexico finance authority when directed by the state transportation commission pursuant to this act shall contain any required terms, covenants and provisions required to avoid impairment of the previously issued bonds.
bSB e5 dPage s º o t n = s k m e .218021.1 - 30 -SECTION e12. a n e d r e l u [ A d the state transportation commission and outstanding on the effective date of this act, additional bonds issued by the state transportation commission or the New Mexico finance authority when directed by the state transportation commission pursuant to this act shall contain any required terms, covenants and provisions required to avoid impairment of the previously issued bonds.
SECTIONREPEAL.--Laws SFCº2020, 11»SFCChapter SFCº12»SFC.64, Sections 1 through 5 are repealed.
REPEAL.--LawsSECTION 2020,13. Chapter 64, Sections 1 through SFCº4»SFC SFCº5»SFC are repealed.
SECTION SFCº12»SFC SFCº13»SFC.
-SB 315 -Page h31 u7 »9 r25 t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = s k m e .218021.1 e a n e d r e l u [ A d
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- Introduced introduced version pdf
Action History
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Signed
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passed House
-
DO PASS committee report adopted
-
Sent to House Appropriations & Finance Committee
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passed Senate
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DO PASS, as amended, committee report adopted
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Sent to Senate Finance Committee
Sponsors
- Stuart Ingle · Primary
- George K. Munoz · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 110 not signed on
Sponsors (2)
- Ingle, Stuart
- Munoz, George K.
Co-sponsors (0)
None.
Not signed on (110)
110 members have not signed on to this bill.
Show all 110 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
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- Who sponsors SB 5?
- SB 5 is sponsored by Ingle, Stuart and Munoz, George K..
- What is the current status of SB 5?
- This bill has been enacted into law. Introduced June 18, 2020. Enacted.
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