SENATE BILL 406
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
John Arthur Smith
AN ACT
MAKING GENERAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES BY STATE AGENCIES 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 2009".
Section 2. DEFINITIONS.--As used in the General Appropriation Act of 2009:
A. "agency" means an office, department, agency, institution, board, bureau, commission, court, district attorney, council or committee of state government;
B. "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;
C. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Lands Leasing Act receipts and those payments made in accordance with federal block grants and the federal Workforce Investment Act, but excludes the general fund operating reserve, the appropriation contingency fund, the tax stabilization reserve and any other fund, reserve or account from which general appropriations are restricted by law;
D. "interagency transfers" means revenue, other than internal service funds, legally transferred from one agency to another;
E. "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) unreserved undesignated fund balances in agency internal service fund accounts appropriated by the General Appropriation Act of 2009;
F. "other state funds" means:
(1) unreserved undesignated fund balances in agency accounts, other than in internal service fund accounts, appropriated by the General Appropriation Act of 2009;
(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
G. "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 2010, appropriations are made as set out in Section 4 of the General Appropriation Act of 2009 from the general fund, internal service funds and interagency transfers or other state funds as indicated to state agencies named or for the purposes expressed, or so much thereof as may be necessary, within available revenue and unreserved undesignated fund balances.
B. Unreserved undesignated fund balances in agency accounts remaining at the end of fiscal year 2010 shall revert to the general fund by September 30, 2010, unless otherwise indicated in the General Appropriation Act of 2009 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 2009, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2010. If any other act of the first session of the forty-ninth 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 2009 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 increases in budgets for state agencies whose revenues from other state funds, internal service funds and interagency transfers exceed amounts specified in the General Appropriation Act of 2009. If approved by the state budget division, such increases in other state funds, internal service funds and interagency transfers are hereby appropriated.
F. For the purpose of administering the General Appropriation Act of 2009, the state of New Mexico shall follow the modified accrual basis of accounting for governmental funds in accordance with the manual of model accounting practices issued by the department of finance and administration.
G. When approving budgets based on appropriations in the General Appropriation Act of 2009, the state budget division is specifically authorized to approve budgets in accordance with generally accepted accounting principles, and the authority to extend the availability period of an appropriation through the use of an encumbrance shall follow the modified accrual basis of accounting for governmental funds in accordance with the manual of model accounting practices issued by the department of finance and administration.
H. Laws 2008, Chapter 3, Section 4 is repealed effective July 1, 2009.
Section 4. FISCAL YEAR 2010 APPROPRIATIONS.--
A. LEGISLATIVE.--Nineteen million one hundred twenty-seven thousand nine hundred dollars ($19,127,900) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2010.
B. JUDICIAL.--Two hundred fifteen million two hundred seven thousand seven hundred dollars ($215,207,700) from the general fund, seventeen million six hundred sixty-six thousand five hundred dollars ($17,666,500) from other state funds, nine million six hundred seventy-three thousand eight hundred dollars ($9,673,800) from internal service funds/interagency transfers and two million two hundred twenty-seven thousand one hundred dollars ($2,227,100) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2010.
C. GENERAL CONTROL.--Two hundred four million seven hundred ninety-four thousand three hundred dollars ($204,794,300) from the general fund, one billion two hundred fifty-eight million two hundred fifty-five thousand eight hundred dollars ($1,258,255,800) from other state funds, fifty-two million four hundred seventy-six thousand six hundred dollars ($52,476,600) from internal service funds/interagency transfer and seventeen million eight hundred ninety-seven thousand eight hundred dollars ($17,897,800) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2010.
D. COMMERCE AND INDUSTRY.--Sixty million five hundred ninety-three thousand six hundred dollars ($60,593,600) from the general fund, forty-seven million five hundred seventeen thousand one hundred dollars ($47,517,100) from other state funds, eighteen million three hundred ten thousand seven hundred dollars ($18,310,700) from internal service funds/interagency transfers and six hundred eighty-nine thousand nine hundred dollars ($689,900) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2010.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.-- Eighty-seven million one hundred nineteen thousand one hundred dollars ($87,119,100) from the general fund, eighty-six million sixty-seven thousand five hundred dollars ($86,067,500) from other state funds, eighteen million four hundred seventeen thousand three hundred dollars ($18,417,300) from internal service funds/interagency transfers and thirty-three million two hundred ninety-two thousand seven hundred dollars ($33,292,700) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resource agencies in fiscal year 2010.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--One billion four hundred ninety-eight million four hundred seventy-nine thousand five hundred dollars ($1,498,479,500) from the general fund, two hundred ninety-two million four hundred thousand seven hundred dollars ($292,400,700) from other state funds, three hundred eight million nine hundred thirty-eight thousand six hundred dollars ($308,938,600) from internal service funds/interagency transfers and three billion four hundred thirty-eight million seven hundred twenty-two thousand six hundred dollars ($3,438,722,600) from federal funds is appropriated to the department of finance and administration for allocation to health, hospitals and human services agencies in fiscal year 2010.
G. PUBLIC SAFETY.--Four hundred nine million three hundred sixty-two thousand six hundred dollars ($409,362,600) from the general fund, thirty million six hundred sixty-nine thousand seven hundred dollars ($30,669,700) from other state funds, eleven million two hundred eleven thousand three hundred dollars ($11,211,300) from internal service funds/interagency transfers and seventy-two million eighty-nine thousand eight hundred dollars ($72,089,800) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2010.
H. TRANSPORTATION.--One million dollars ($1,000,000) from the general fund, four hundred thirty-six million three hundred ninety-four thousand three hundred dollars ($436,394,300) from other state funds and three hundred forty-eight million four hundred seventy-nine thousand seven hundred dollars ($348,479,700) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2010.
I. OTHER EDUCATION.--Sixty million eight hundred thirty thousand six hundred dollars ($60,830,600) from the general fund, seventeen million nine hundred thirty-four thousand four hundred dollars ($17,934,400) from other state funds and thirty-nine million six hundred sixty-four thousand seven hundred dollars ($39,664,700) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2010.
J. HIGHER EDUCATION.--Eight hundred sixty-seven million eight hundred fifty-four thousand nine hundred dollars ($867,854,900) from the general fund, one billion three hundred seventeen million seven hundred fifty thousand five hundred dollars ($1,317,750,500) from other state funds, forty million five hundred sixty-six thousand five hundred dollars ($40,566,500) from internal service funds/interagency transfers and five hundred thirty-four million five hundred seventy-five thousand eight hundred dollars ($534,575,800) from federal funds is appropriated to the higher education department for expenditure or allocation to higher education agencies in fiscal year 2010.
K. PUBLIC SCHOOL SUPPORT.--Two billion four hundred seventy-one million two hundred twenty-six thousand seven hundred dollars ($2,471,226,700) from the general fund, eight hundred fifty thousand dollars ($850,000) from other state funds and four hundred sixty-two million three hundred ninety-two thousand dollars ($462,392,000) from federal funds is appropriated to the public education department for expenditure or allocation to public school districts in fiscal year 2010.
Section 5. APPROPRIATION ADJUSTMENTS.--
A. The state budget division of the department of finance and administration shall reduce agency general fund appropriations set out in Section 4 of the General Appropriation Act of 2009 by one million eighty-three thousand nine hundred dollars ($1,083,900) to reflect reduced department of information technology telecommunications rates.
B. The state budget division of the department of finance and administration shall reduce agency general fund appropriations set out in Section 4 of the General Appropriation Act of 2009 by one million two hundred sixteen thousand one hundred dollars ($1,216,100) to reflect reduced general services department risk insurance premiums.
C. The state budget division of the department of finance and administration shall reduce agency general fund appropriations set out in Section 4 of the General Appropriation Act of 2009 by ten million fifty-nine thousand six hundred dollars ($10,059,600) to reflect reduced general services department group health insurance premiums.
Section 6. TRANSFER AUTHORITY.--If revenue and transfers to the general fund as of the end of fiscal year 2009 are not sufficient to meet appropriations, the governor, with state board of finance approval, may transfer at the end of that year the amount necessary to meet the year's obligations from the unexpended balance remaining in the general fund operating reserve in a total not to exceed one hundred million dollars ($100,000,000).
Section 7. 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.
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