HOUSE BILL 267

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Keith J. Gardner

AN ACT

RELATING TO STATE BUDGETS; PROVIDING THAT PROPOSED BUDGETS AND BUDGET RECOMMENDATIONS SHALL NOT CONTAIN CERTAIN PROVISIONS; PROHIBITING REQUESTS TO INCREASE BUDGETS FROM CERTAIN SOURCES.

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

     Section 1. [NEW MATERIAL] PROPOSED BUDGETS TO EXCLUDE EXPENDITURES OF PENALTY ASSESSMENTS.--No budget request, proposal or recommendation submitted by a state agency, the governor or the legislative finance committee shall contain a provision that would authorize a state agency to expend money in a fiscal year if the money is derived from penalties assessed by that state agency during that same fiscal year.

     Section 2. Section 6-3-24 NMSA 1978 (being Laws 1992, Chapter 2, Section 2) is amended to read:

     "6-3-24. BUDGET ADJUSTMENTS--AUTHORIZATIONS PERMITTED.--

          A. Except as provided in Subsection B of this section, a state agency may be specifically authorized by law to request a budget adjustment. The amount of budget adjustment authorized may be limited by law. All requests for budget adjustments shall be made in accordance with the procedures set forth in Section 6-3-25 NMSA 1978.

          B. No state agency shall request a budget increase if the source for the proposed additional expenditure is money derived from penalties assessed by that state agency during that same fiscal year.

          [B.] C. The state budget division of the department of finance and administration may approve budget adjustments for state agencies as provided by law. If the budget adjustment results in an increased expenditure of other state funds, internal service funds or interagency transfer funds above the amounts appropriated, such funds are hereby appropriated."

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