SENATE BILL 27

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

INTRODUCED BY

Michael S. Sanchez

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 four and five-tenths percent;

          B. in Subsection B, Judicial, all judicial agencies, district courts and district attorneys are reduced by two and five-tenths percent except:

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

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

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

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

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

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

                (4) the department of finance and administration dues and membership fees and special appropriations is reduced as follows:

                     (a) items (l) through (s), (u) through (x), (z) and (aa) are reduced by four and five-tenths percent;

                     (b) item (y) is reduced by one hundred 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 four and five-tenths percent;

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

          F. in Subsection F, Health, Hospitals and Human Services, all agencies funded by the general fund are reduced by four and five-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 five-tenths;

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

                (3) the veterans' services department is reduced by two and five-tenths percent;

                (4) the children, youth and families department is reduced by three and five-tenths percent;

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

                     (a) all programs except the developmental disabilities support program are reduced by three and three-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 of the human services department;

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

                (7) 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 four and five-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 four percent except for the following:

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

                (2) the corrections department is reduced by three and seven-tenths percent; and

                (3) the department of public safety is reduced by three and five-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 four and three-tenths percent;

                (2) apprenticeship assistance is reduced by six and five-tenths percent;

                (3) public education department special appropriations are each reduced by six and five-tenths percent; and

                (4) regional education cooperatives are each reduced by six and five-tenths percent;

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

                (1) the higher education department is reduced by four and five-tenths percent;

                (2) every public post-secondary educational institution is reduced by three and four-tenths percent in its instruction and general purposes category and six 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

                (3) every special school is reduced by three and four-tenths percent in its instruction and general purposes category and six and five-tenths percent in every other category, including research and public service projects, with the school determining reductions in each item of the category;

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

                (1) the state equalization guarantee distribution is reduced by two 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 six and five-tenths percent; and

                (3) the educational technology fund is reduced by one hundred percent; and

          K. in addition to the general fund reductions in Paragraph (2) of Section I of this section for instruction and general purposes, the instruction and general purposes category at each public post-secondary educational institution shall be further reduced proportionally by ten million one hundred thousand dollars ($10,100,000). In addition to the general fund reductions in Paragraph (1) of Subsection J of this section, the state equalization guarantee distribution shall be further reduced by forty-five million five hundred thousand dollars ($45,500,000)."

     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 federal 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. In fiscal year 2010, of the ninety-three million two hundred thousand dollars ($93,200,000) remaining from the federal 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 and charter schools through the state equalization guarantee distribution and ten million one hundred thousand dollars ($10,100,000) shall be distributed proportionally to public post-secondary educational institutions in the instruction and general purposes category."

     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."

     Section 6. A new section of the General Appropriation Act of 2009 is enacted to read:

     "[NEW MATERIAL] APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the federal American Recovery and Reinvestment Act of 2009 unemployment insurance modernization funding to the workforce solutions department for operating expenditures in fiscal year 2010."

     Section 7. A new section of the General Appropriation Act of 2009 is enacted to read:

     "[NEW MATERIAL] ADDITIONAL APPROPRIATION REDUCTIONS.--If the reductions in budgets in this 2009 special session act are insufficient to ensure that the projected balance of the appropriation account of the general fund is not negative, the governor shall reduce the recurring general fund appropriations contained in the General Appropriation Act of 2009 for each state agency under the direct control of the governor in a total amount up to eighty-five million dollars ($85,000,000) in addition to any other reduction in this 2009 special session act.

     Section 8. A new section of the General Appropriation Act of 2009 is enacted to read:

     "[NEW MATERIAL] OPERATING BUDGETS AND ALLOTMENTS REDUCED TO COMPLY--OTHER REDUCTIONS TO CONFORM--DEPARTMENT OF FINANCE AND ADMINISTRATION.--The department of finance and administration shall reduce fiscal year 2010 operating budgets and adjust allotments to comply with the provisions of this 2009 special session act and may reduce appropriations from other state funds, internal service/interagency transfers and federal funds as necessary to match the general fund reductions in the fiscal year 2010 operating budgets. The legislative finance committee shall review the adjusted operating budgets in a timely manner."

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