New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 61 - STATE INDEBTEDNESS AND SECURITIES
Part 6 - BOND PROJECT DISBURSEMENTS
Section 2.61.6.9 - PAYMENT OF CAPITAL PROJECT EXPENSES, DRAW REQUEST PROCEDURES

Universal Citation: 2 NM Admin Code 2.61.6.9

Current through Register Vol. 35, No. 18, September 24, 2024

A. The recipient of bond proceeds is the governmental entity that will carry-out the completion of the project. In many cases, the agency named to receive the appropriation will also be the entity responsible for the project. In other cases, the named agency will be an intermediate agency that is expected to make a grant to a local government entity to carry out the completion of the project. Either an intermediate agency may make a draw request to the board on behalf of a local government entity as recipient, or an agency itself as recipient may make the request directly to the board, unless otherwise approved by the board director.

(1) Documentation to support draw requests from agency:
(a) one draw request form for each project (1 original and 2 copies);

(b) proof of payment - notarized certification from an authorized signatory that expenditures are valid or actual receipts;

(c) evidence that conditions have been satisfied if applicable;

(d) certification that the statements made in the original certification and questionnaire remain true, including use of facility;

(e) additional documentation to be submitted for requests by state educational institutions:
(i) if the capital project only requires higher education department approval, a higher education department approval letter;

(ii) if the capital project requires both higher education department and board approval, a higher education department approval letter and a copy of the board action sheet;

(iii) if the capital project does not require higher education department approval, a higher education department project review approval verification.

(2) Intermediate agencies typically submitting draw requests to the board on behalf of local entity recipients: Environment department, department of transportation, Indian affairs department, local government division, public education department, higher education department and aging and long term services department:
(a) one draw request form for each project (1 original and 2 copies);

(b) proof of payment - a notarized certification from an authorized signatory that expenditures are valid or actual receipts;

(c) evidence that conditions have been satisfied if applicable;

(d) certification that the statements made in the original certification and questionnaire remain true, including use of facility.

B. Frequency - draw requests are due in the board office by 3:00 p.m. on the 1st and 15th day of each month or by 9:00 a.m. the next business day if the 1st or 15th falls on a weekend or holiday (the "draw request deadline"). Draw requests submitted on or before the draw request deadline will result in funds available six business days after the draw request deadline.

C. The minimum draw request amount per project shall be $1,500 unless it is the final draw request or otherwise recommended by the intermediate agency.

D. State executive agencies may request a direct payment to a contractor or other entity.

(1) The agency must submit the payment voucher to department of finance and administration financial control division six business days after the board deadline unless notified by the board of processing delay due to additional information or legal review being required.

(2) If a direct payment to a contractor or other entity is requested and the agency mails the payment directly to the payee or transfers the funds electronically via automated clearing house (ACH), the agency must send state treasurer's office a copy of the warrant or a copy of the ACH no later than two business days after the payment has been made.

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