SENATE BILL 15

49th legislature - STATE OF NEW MEXICO - first special session, 2009

INTRODUCED BY

John Arthur Smith

AN ACT

RELATING TO THE GENERAL APPROPRIATION ACT OF 2009; ENACTING NEW SECTIONS TO REDUCE CERTAIN GENERAL FUND APPROPRIATIONS FOR FISCAL YEAR 2010 AND TO MAKE APPROPRIATIONS.

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

     Section 1. A new section of the General Appropriation Act of 2009 is enacted to read:

     "[NEW MATERIAL] APPROPRIATION REDUCTIONS.--The amounts set out under the general fund column in Section 4 of the General Appropriation Act of 2009 are reduced as follows rounded to the nearest one hundred dollars ($100):

          A. in Subsection A, Legislative, legislative building services is reduced by six and eight-tenths percent;

          B. in Subsection B, Judicial, all judicial agencies, district courts and district attorneys are reduced by four and eight-tenths percent except for the following:

                (1) the New Mexico compilation commission, the judicial standards commission and the administrative office of the district attorneys are reduced by six and eight-tenths percent; and

                (2) the court of appeals, the supreme court building commission and the second judicial district court are reduced by two and eight-tenths percent;

          C. in Subsection C, General Control, all agencies funded by the general fund are reduced by six and eight-tenths percent except for the following:

                (1) the attorney general is reduced by two and eight-tenths percent;

                (2) the state auditor, the public defender department and the secretary of state are reduced by four and eight-tenths percent;

                (3) the department of finance and administration, except agency code 344, is reduced by five and eight-tenths percent; and

                (4) in the department of finance and administration special appropriations:

                     (a) the weatherization category in the department of finance and administration is reduced by one hundred percent;

                     (b) items (1) through (s), (u) through (x), (z) and (aa) are reduced by six and eight-tenths percent; and

                     (c) all other items are not reduced;

          D. in Subsection D, Commerce and Industry, all agencies funded by the general fund are reduced by six and eight-tenths percent;

          E. in Subsection E, Agriculture, Energy and Natural Resources, all agencies funded by the general fund are reduced by six and eight-tenths percent;

          F. in Subsection F, Health, Hospitals and Human Services, all agencies funded by the general fund are reduced by six and eight-tenths percent except for the following:

                (1) the commission for the blind and the vocational rehabilitation division of the public education department are reduced by two and eight-tenths percent;

                (2) the developmental disabilities planning council is reduced by four and eight-tenths percent;

                (3) the veterans' services department and the children, youth and families department are reduced by five and eight-tenths percent;

                (4) the department of health is reduced as follows:

                     (a) all programs except the developmental disabilities support program are reduced by five and eight-tenths percent; and

                     (b) the other financing uses category in the developmental disabilities support program is reduced by two million dollars ($2,000,000), which will be offset by two million dollars ($2,000,000) from federal funds;

                (5) the workforce solutions department is reduced by twenty-seven and five-tenths percent; and

                (6) the human services department is reduced as follows:

                     (a) the behavioral health services program, the income support program, the child support enforcement program and program support are reduced by six and eight-tenths percent; and

                     (b) the other category in the medical assistance program is reduced by fourteen million dollars ($14,000,000), which will be offset by twelve million dollars ($12,000,000) from federal funds;

          G. in Subsection G, Public Safety, all agencies are reduced by six and eight-tenths percent except for the following:

                (1) the parole board and juvenile public safety advisory board are reduced by two and eight-tenths percent; and

                (2) the corrections department and the department of public safety are reduced by five and eight-tenths percent;

          H. in Subsection I, Other Education, reductions are as follows:

                (1) the public education department, except for agency code 925, is reduced by six and three-tenths percent; and

                (2) apprenticeship assistance, the regional education cooperatives and public education department special appropriations are reduced by eight and five-tenths percent;

          I. in Subsection J, Higher Education, reductions are as follows:

                (1) the higher education department is reduced by six and eight-tenths percent; and

                (2) every public post-secondary educational institution and special school is reduced by six percent in its instruction and general purposes category and eight and five-tenths percent in every other category, including research and public service projects, with the institution determining reductions in each item of the category; and

          J. in Subsection K, Public School Support, reductions are as follows:

                (1) the state equalization guarantee distribution is reduced by six percent;

                (2) the transportation distribution, including operational, school-owned bus replacements and rental fees; the supplemental distribution, including out-of-state tuition and emergency supplemental; the instructional material fund; dual credit instructional materials; the Indian education fund; and the schools in need of improvement fund are reduced by eight and five-tenths percent; and

                (3) the educational technology fund is reduced by one hundred percent."

     Section 2. A new section of the General Appropriation Act of 2009 is enacted to read:

     "[NEW MATERIAL] APPROPRIATION REDUCTION--SECTION 5.--The appropriation in Section 5 of the General Appropriation Act of 2009 to the department of information technology for the New Mexico computing applications center is reduced by one million five hundred thousand dollars ($1,500,000)."

     Section 3. A new section of the General Appropriation Act of 2009 is enacted to read:

     "[NEW MATERIAL] FEDERAL STIMULUS FUNDS--AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.--

          A. Of the amount remaining from the public safety and other government services allocation from the American Recovery and Reinvestment Act of 2009, twenty-five million dollars ($25,000,000) is allocated to the appropriation account of the general fund for fiscal year 2010.

          B. Of the ninety-one million dollars ($91,000,000) remaining from the American Recovery and Reinvestment Act of 2009 allocation to the state through the education fund of the state fiscal stabilization fund, forty-five million five hundred thousand dollars ($45,500,000) shall be distributed to school districts through the state equalization guarantee distribution for fiscal year 2010."

     Section 4. A new section of the General Appropriation Act of 2009 is enacted to read:

     "[NEW MATERIAL] TOBACCO SETTLEMENT PROGRAM FUND--APPROPRIATION TO MEDICAID.--Four million dollars ($4,000,000) is appropriated from the tobacco settlement program fund to the human services department for expenditure in fiscal year 2010 for the medical assistance program. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the tobacco settlement program fund."

     Section 5. A new section of the General Appropriation Act of 2009 is enacted to read:

     "[NEW MATERIAL] PUBLIC SCHOOLS--EMERGENCY SUPPLEMENTAL.--Three million dollars ($3,000,000) is appropriated from the general fund to the emergency supplemental distribution of the public school fund for expenditure in fiscal year 2010 by the public education department to make emergency distributions to school districts or state-chartered charter schools in financial need, but no money shall be distributed to any school district or state-chartered charter school having cash and invested reserves, or other resources or any combination thereof, equaling five percent or more of the school district's or state-chartered charter school's operational budget. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund."

- 8 -