HOUSE BILL 2
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Patricia A. Lundstrom
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 2018".
SECTION 2. DEFINITIONS.--As used in the General Appropriation Act of 2018:
A. "agency" means an office, department, agency, institution, board, bureau, commission, court, district attorney, council or committee of state government;
B. "explanatory" means information that can help users to understand reported performance measures and to evaluate the significance of underlying factors that may have affected the reported information;
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 Leasing Act;
D. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Leasing Act receipts and those payments made in accordance with the federal block grant and the federal Workforce Investment Act of 1998 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;
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) balances in agency internal service fund accounts appropriated by the General Appropriation Act of 2018;
G. "other state funds" means:
(1) nonreverting balances in agency accounts, other than in internal service funds accounts, appropriated by the General Appropriation Act of 2018;
(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. Amounts set out under column headings are expressed in thousands of dollars.
B. Amounts set out under column headings are appropriated from the source indicated by the column heading. All amounts set out under the column heading "Internal Service Funds/Interagency Transfers" are intergovernmental transfers and do not represent a portion of total state government appropriations. All information designated as "Total" or "Subtotal" is provided for information and amounts are not appropriations.
C. Amounts set out in Section 4 of the General Appropriation Act of 2018, or so much as may be necessary, are appropriated from the indicated source for expenditure in fiscal year 2019 for the objects expressed.
D. Unexpended balances in agency accounts remaining at the end of fiscal year 2018 shall revert to the general fund by October 1, 2018 unless otherwise indicated in the General Appropriation Act of 2018 or otherwise provided by law.
E. Unexpended balances in agency accounts remaining at the end of fiscal year 2019 shall revert to the general fund by October 1, 2019 unless otherwise indicated in the General Appropriation Act of 2018 or otherwise provided by law.
F. 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. The state budget division shall notify the legislative finance committee of any operating budget reduced pursuant to this subsection.
G. Except as otherwise specifically stated in the General Appropriation Act of 2018, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2019. If any other act of the second session of the fifty-third 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 2018 shall be transferred from the agency, fund or distribution to which an appropriation had been made as required by existing law to the appropriate agency, fund or distribution provided by the new law.
H. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, agencies whose revenue from state board of finance loans, from revenue appropriated by other acts of the legislature, from any Native American tribe, pueblo or political subdivision pursuant to a contract, memorandum of understanding, or joint powers agreement, or from gifts, grants, donations, bequests, insurance settlements, refunds or payments into revolving funds exceeds specifically appropriated amounts may request budget increases from the state budget division. If approved by the state budget division, such money is appropriated.
I. Except for gasoline credit cards used solely for operation of official vehicles, telephone credit cards used solely for official business and procurement cards used as authorized by Section 6-5-9.1 NMSA 1978, none of the appropriations contained in the General Appropriation Act of 2018 may be expended for payment of agency-issued credit card invoices.
J. For the purpose of administering the General Appropriation Act of 2018, 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.
SECTION 4. FISCAL YEAR 2019 APPROPRIATIONS.--
A. LEGISLATIVE.--Nineteen million eight hundred eight thousand one hundred dollars ($19,808,100) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2019.
B. JUDICIAL.--Two hundred eighty-six million forty-four thousand one hundred dollars ($286,044,100) from the general fund, nineteen million three hundred twenty-six thousand five hundred dollars ($19,326,500) from other state funds, ten million six hundred twenty-five thousand dollars ($10,625,000) from internal service funds/interagency transfers and two million nine hundred fifty-five thousand dollars ($2,955,000) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2019.
C. GENERAL CONTROL.--One hundred thirty million four hundred thousand six hundred dollars ($130,400,600) from the general fund, one billion four hundred eighty-nine million nine hundred eleven thousand four hundred dollars ($1,489,911,400) from other state funds, sixty-seven million one hundred thirty-nine thousand four hundred dollars ($67,139,400) from internal service funds/interagency transfers and fourteen million six hundred eighty-one thousand two hundred dollars ($14,681,200) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2019.
D. COMMERCE AND INDUSTRY.--Sixty-eight million one hundred seventy-nine thousand nine hundred dollars ($68,179,900) from the general fund, fifty-nine million two hundred twenty thousand three hundred dollars ($59,220,300) from other state funds, eighty-seven million one hundred fifty-two thousand dollars ($87,152,000) from internal service funds/interagency transfers and one million eight hundred eleven thousand nine hundred dollars ($1,811,900) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2019.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.-- Sixty-five million one hundred ninety-one thousand one hundred dollars ($65,191,100) from the general fund, seventy-one million nine hundred seventy-four thousand four hundred dollars ($71,974,400) from other state funds, twenty-two million one hundred twenty-one thousand nine hundred dollars ($22,121,900) from internal service funds/interagency transfers and thirty- nine million eight hundred fifty-five thousand two hundred dollars ($39,855,200) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resources agencies in fiscal year 2019.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--One billion seven hundred seventeen million two hundred forty-one thousand nine hundred dollars ($1,717,241,900) from the general fund, two hundred seventy-one million eight hundred seventy-two thousand three hundred dollars ($271,872,300) from other state funds, three hundred fifty-five million four hundred forty thousand five hundred dollars ($355,440,500) from internal service funds/interagency transfers and six billion forty-three million four hundred forty-six thousand two hundred dollars ($6,043,446,200) from federal funds is appropriated to the department of finance and administration for allocation to health, hospitals and human services agencies in fiscal year 2019.
G. PUBLIC SAFETY.--Four hundred fifty-five million five thousand three hundred dollars ($455,005,300) from the general fund, thirty-five million five hundred seventy-three thousand six hundred dollars ($35,573,600) from other state funds, eight million seven hundred sixty-seven thousand dollars ($8,767,000) from internal service funds/interagency transfers and sixty million seven hundred ninety-eight thousand two hundred dollars ($60,798,200) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2019.
H. TRANSPORTATION.--Four hundred fifty-five million nine hundred three thousand one hundred dollars ($455,903,100) from other state funds, three million six hundred thirteen thousand nine hundred dollars ($3,613,900) from internal service funds/interagency transfers and four hundred one million two hundred fifty-two thousand dollars ($401,252,000) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2019.
I. OTHER EDUCATION.--One hundred ten million six hundred forty thousand three hundred dollars ($110,640,300) from the general fund, nine million two hundred thousand four hundred dollars ($9,200,400) from other state funds, three million five hundred forty-five thousand dollars ($3,545,000) from internal service funds/interagency transfers and twenty- eight million seventy-five thousand one hundred dollars ($28,075,100) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2019.
J. HIGHER EDUCATION.--Seven hundred eighty million three hundred forty-five thousand one hundred dollars ($780,345,100) from the general fund, four hundred fifty-eight thousand one hundred dollars ($458,100) from other state funds, forty-two million two hundred eighty-five thousand seven hundred dollars ($42,285,700) from internal service funds/interagency transfers and nine million nine hundred sixty-four thousand one hundred dollars ($9,964,100) from federal funds is appropriated to the higher education department for expenditure or allocation to higher education agencies in fiscal year 2019.
K. PUBLIC SCHOOL SUPPORT.--Two billion six hundred fifty-five million nine hundred ninety-eight thousand two hundred dollars ($2,655,998,200) from the general fund, twenty- five million dollars ($25,000,000) from other state funds and four hundred forty-three million, four hundred seventy-nine thousand two hundred dollars ($443,479,200) from federal funds is appropriated to the public education department for expenditure or allocation to public school districts in fiscal year 2019.
SECTION 5. FUND TRANSFERS.--Notwithstanding the provisions of Sections 6-4-9 and 6-4-11 NMSA 1978 or other substantive law, the department of finance and administration shall transfer an amount from the tobacco settlement permanent fund to the tobacco settlement program fund equal to the difference between appropriations in Section 4 of the General Appropriation Act of 2018 made from the tobacco settlement program fund and the amount transferred to the tobacco settlement program fund pursuant to Subsection B of Section 6-4-9 NMSA 1978 in fiscal year 2019 to fully fund appropriations made from the tobacco settlement program fund contained in Section 4 of the General Appropriation Act of 2018.
SECTION 6. 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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