45th legislature - STATE OF NEW MEXICO - second session, 2002

MAKING GENERAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES BY STATE AGENCIES AND DISTRIBUTIONS FOR PUBLIC EDUCATION REQUIRED BY LAW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "General Appropriation Act of 2002".

Section 2. DEFINITIONS.--As used in the General Appropriation Act of 2002:

A. "agency" means an office, department, agency, institution, board, bureau, commission, court, district attorney, council or committee of state government;

B. "expenditures" means costs, expenses, encumbrances and other financing uses, other than refunds authorized by law, recognized in accordance with generally accepted accounting principles for the legally authorized budget amounts and budget period;

C. "federal funds" means any payments by the United States government to state government or agencies except those payments made in accordance with the federal Mineral Lands Leasing Act;

D. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Lands Leasing Act receipts, but excludes the general fund operating reserve and the appropriation contingency fund;

E. "interagency transfers" means revenue, other than internal service funds, legally transferred from one agency to another;

F. "internal service funds" means:

(1) revenue transferred to an agency for the financing of goods or services to another agency on a cost-reimbursement basis; and

(2) unencumbered balances in agency internal service fund accounts appropriated by the General Appropriation Act of 2002;

G. "other state funds" means:

(1) unencumbered, nonreverting balances in agency accounts, other than in internal service fund accounts, appropriated by the General Appropriation Act of 2002;

(2) all revenue available to agencies from sources other than the general fund, internal service funds, interagency transfers and federal funds; and

(3) all revenue, the use of which is restricted by statute or agreement; and

H. "revenue" means all money received by an agency from sources external to that agency, net of refunds and other correcting transactions, other than from issue of debt, liquidation of investments or as agent or trustee for other governmental entities or private persons.

Section 3. GENERAL PROVISIONS.--

A. For fiscal year 2003, appropriations are made as set out in Section 4 of the General Appropriation Act of 2002 from the general fund, internal service funds and operating transfers or other revenues as indicated to state agencies named or for the purposes expressed, or so much thereof as may be necessary, within available revenue and unencumbered balances.

B. Unencumbered balances in agency accounts remaining at the end of fiscal year 2003 shall revert to the general fund by October 1, 2004, unless otherwise indicated in the General Appropriation Act of 2002 or otherwise provided by law.

C. The state budget division of the department of finance and administration shall monitor revenue received by agencies from sources other than the general fund and shall reduce the operating budget of any agency whose revenue from such sources is not meeting projections.

D. Except as otherwise specifically stated in the General Appropriation Act of 2002, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2003. If any other act of the second session of the forty-fifth legislature changes existing law with regard to the name or responsibilities of an agency or the name or purpose of a fund or distribution, the appropriation made in the General Appropriation Act of 2002 shall be transferred from the agency, fund or distribution to which an appropriation has been made as required by existing law to the appropriate agency, fund or distribution provided by the new law.

E. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, the state budget division may approve budget increases for fiscal year 2003 for agencies whose revenue from federal funds, from state board of finance loans, from revenue appropriated by other acts of the legislature or from gifts, donations, bequests, insurance settlements, refunds or payments into revolving funds exceed specifically appropriated amounts. Such money is appropriated. In approving a budget increase from federal funds, the director of the state budget division shall advise the legislative finance committee as to the source of the federal funds and the source and amount of any matching funds required.

F. The state budget division may approve increases in budgets for state agencies whose revenues from other state funds, internal service funds and operating transfers exceed amounts specified in the General Appropriation Act of 2002. Such other state funds, internal service funds and operating transfers are hereby appropriated.

G. When approving operating budgets based on appropriations in the General Appropriation Act of 2002, the state budget division is specifically authorized to approve only those budgets that are in accordance with generally accepted accounting principles for the purpose of properly classifying other financing sources and uses, including interfund, intrafund and interagency transfers. The state budget division may approve transfers of funds from one budget category to another budget category and from one division of an agency to another division/program of that agency, when approved operating budgets are established to include category and division/program levels.

H. Laws 2001, Chapter 64, Sections 4 and 5 are repealed effective July 1, 2002.

Section 4. FISCAL YEAR 2003 APPROPRIATIONS.--

A. LEGISLATIVE.--Fourteen million one hundred seventy-nine thousand five hundred dollars ($14,179,500) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2003.

B. JUDICIAL.--One hundred twenty-nine million two hundred fifty-eight thousand two hundred dollars ($129,258,200) from the general fund, fifteen million two hundred twenty-eight thousand dollars ($15,228,000) from other revenue, one million one hundred seventy-seven thousand eight hundred dollars ($1,177,800) from internal service funds/operating transfers, three hundred three thousand two hundred dollars ($303,200) from fund balances and two million six hundred ninety-one thousand two hundred dollars ($2,691,200) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2003.

C. GENERAL CONTROL.--One hundred thirty-five million three hundred fifty thousand five hundred dollars ($135,350,500) from the general fund, three hundred one million five hundred five thousand eight hundred dollars ($301,505,800) from other revenue, two hundred seventeen million six hundred seventy-two thousand nine hundred dollars ($217,672,900) from internal service funds/operating transfers, one hundred seventy-three million four hundred three thousand one hundred dollars ($173,403,100) from fund balances and twenty-four million three hundred eighty-four thousand two hundred dollars ($24,384,200) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2003.

D. COMMERCE AND INDUSTRY.--Forty-six million four hundred thirteen thousand six hundred dollars ($46,413,600) from the general fund, twelve million seven hundred nine thousand nine hundred dollars ($12,709,900) from other revenue, eighteen million six hundred ninety-nine thousand nine hundred dollars ($18,699,900) from internal service funds/operating transfers, twelve million five hundred seventy-three thousand nine hundred dollars ($12,573,900) from fund balances and four hundred sixty-eight thousand seven hundred dollars ($468,700) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2003.

E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.--Fifty-nine million forty-three thousand dollars ($59,043,000) from the general fund, sixty-two million one hundred ninety-three thousand seven hundred dollars ($62,193,700) from other revenue, sixteen million four hundred eighty-one thousand nine hundred dollars ($16,481,900) from internal service funds/operating transfers, twelve million twenty-nine thousand dollars ($12,029,000) in fund balances and twenty-one million seven hundred twelve thousand seven hundred dollars ($21,712,700) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resource agencies in fiscal year 2003.

F. HEALTH AND HUMAN SERVICES.--Eight hundred eleven million eight hundred seventy-four thousand six hundred dollars ($811,874,600) from the general fund, three hundred twelve million eight hundred twenty-two thousand three hundred dollars ($312,822,300) from other revenue, ten million five hundred fifty-three thousand three hundred dollars ($10,553,300) from internal service funds/operating transfers, thirteen million six hundred thirty-three thousand two hundred dollars ($13,633,200) from fund balances and two billion one hundred sixty-one million four hundred twenty-four thousand nine hundred dollars ($2,161,424,900) from federal funds is appropriated to the department of finance and administration for allocation to health and human services agencies in fiscal year 2003.

G. PUBLIC SAFETY.--Two hundred seventy-one million one hundred nineteen thousand two hundred dollars ($271,119,200) from the general fund, twenty-four million six hundred forty-one thousand eight hundred dollars ($24,641,800) from other revenue, five million two hundred twelve thousand three hundred dollars ($5,212,300) from internal service funds/operating transfers, one million eight hundred two thousand one hundred dollars ($1,802,100) from fund balances and twenty-one million seven hundred forty thousand dollars ($21,740,000) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2003.

H. TRANSPORTATION.--Three hundred twenty-five million four hundred eighty-three thousand three hundred dollars ($325,483,300) from other revenue, six million seven hundred sixty-eight thousand eight hundred dollars ($6,768,800) from fund balances and three hundred nineteen million one hundred fifty-four thousand dollars ($319,154,000) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2003.

I. OTHER EDUCATION.--Twenty-nine million eight hundred thirty-one thousand six hundred dollars ($29,831,600) from the general fund, seven million four hundred thirty-one thousand one hundred dollars ($7,431,100) from other revenue and ten million six hundred thirty-one thousand dollars ($10,631,000) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2003.

J. HIGHER EDUCATION.--Five hundred ninety-three million seven hundred fifty-eight thousand six hundred dollars ($593,758,600) from the general fund, eight hundred seventy-three million six hundred twenty-four thousand six hundred dollars ($873,624,600) from other revenue, nine hundred seven thousand one hundred dollars ($907,100) from fund balances and three hundred ninety-four million four hundred eighty-two thousand five hundred dollars ($394,482,500) from federal funds is appropriated to the commission on higher education for expenditure or allocation to higher education agencies in fiscal year 2003.

K. PUBLIC SCHOOL SUPPORT.--One billion seven hundred seventy-six million three hundred forty-six thousand dollars ($1,776,346,000) from the general fund is appropriated to the state department of public education for expenditure or allocation to public school districts in fiscal year 2003.

Section 5. SPECIAL APPROPRIATIONS.--Twenty-two million nine hundred eighty-seven thousand one hundred dollars ($22,987,100) from the general fund and six million two hundred twenty-eight thousand nine hundred dollars ($6,228,900) from other revenue is appropriated to the department of finance and administration for allocation to agencies in fiscal years 2002 and 2003. The appropriations may be expended in fiscal years 2002 and 2003. Unexpended or unencumbered balances of the appropriations remaining at the end of fiscal year 2003 shall revert to the appropriate fund.

Section 6. SUPPLEMENTAL AND DEFICIENCY APPROPRIATIONS.-- Seven hundred twenty-nine thousand dollars ($729,000) from the general fund and nine hundred twenty-nine thousand five hundred dollars ($929,500) from other revenue is appropriated to the department of finance and administration for allocation to agencies in fiscal year 2002 for fiscal year 2001 deficiencies. Twenty-three million two hundred eighty-two thousand six hundred dollars ($23,282,600) from the general fund and forty-one million six hundred seventy-six thousand dollars ($41,676,000) from other revenue is appropriated to the department of finance and administration for allocation to agencies in fiscal year 2002. Unexpended or unencumbered balances of the appropriations remaining at the end of fiscal year 2002 shall revert to the appropriate fund.

Section 7. COMPUTER SYSTEMS ENHANCEMENT FUND.--Eighteen million ninety-seven thousand dollars ($18,097,000) from the general fund and thirty million seven hundred seventy thousand dollars ($30,770,000) from other revenue is appropriated to the computer systems enhancement fund for expenditure in fiscal years 2002 and 2003. The department of finance and administration shall allocate amounts from the fund to state agencies for information technology purposes. The appropriations may be expended in fiscal years 2002 and 2003. Unexpended or unencumbered balances of the appropriations remaining at the end of fiscal year 2003 shall revert to the appropriate fund.

Section 8. ADDITIONAL FISCAL YEAR 2002 BUDGET ADJUSTMENT AUTHORITY.--During fiscal year 2002, subject to review and approval by the department of finance and administration, in addition to the budget adjustment authority granted in Laws 2001, Chapter 64, Section 11 and pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978:

A. all legislative, judicial and executive agencies may request category transfers; and

B. all legislative, judicial and executive agencies with revenues from sources other than the general fund may request increases from those sources.

Section 9. CERTAIN FISCAL YEAR 2003 BUDGET ADJUSTMENTS AUTHORIZED.--

A. As used in the General Appropriation Act of 2002:

(1) "budget category" means an item or an aggregation of related items that represents the object of an appropriation. Appropriations are made in lump sum for fiscal year 2002;

(2) "budget increase" means an approved increase in expenditures by an agency from a specific source;

(3) "division/program transfer" means an approved transfer of funds from one division/program of an agency to another division/program of that agency, provided that the annual cumulative effect of division transfers shall not increase or decrease the appropriation to any division by more than seven and one-half percent; and

(4) "federal funds" means any payments by the United States government to state government or agencies except those payments made in accordance with the federal Mineral Lands Leasing Act and except those payments made in accordance with the federal temporary assistance for needy families block grant and the federal Workforce Investment Act of 1998.

B. Budget adjustments are authorized pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978 for fiscal year 2003.

Section 10. GENERAL FUND OPERATING RESERVE--CONTINGENCY.--Two million dollars ($2,000,000) is appropriated from the general fund operating reserve to the state board of finance emergency fund in fiscal year 2003 for unanticipated emergencies.

Section 11. TRANSFER AUTHORITY.--If revenues and transfers to the general fund, excluding transfers to the general fund operating reserve fund, appropriation contingency fund and public school-support reserve fund as of the end of fiscal year 2002 are not sufficient to meet appropriations, the governor, with state board of finance approval, may transfer the amount necessary to meet the year's obligations from the unencumbered balance remaining in the general fund operating reserve fund in a total not to exceed thirty-five million dollars ($35,000,000).

Section 12. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.