HOUSE BILL 2
55th legislature - STATE OF NEW MEXICO - first session, 2021
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 2021".
SECTION 2. DEFINITIONS.--As used in the General Appropriation Act of 2021:
A. "agency" means an office, department, agency, institution, board, bureau, commission, court, district attorney, council or committee of state government;
B. "efficiency" means the measure of the degree to which services are efficient and productive and is often expressed in terms of dollars or time per unit of output;
C. "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;
D. "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;
E. "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;
F. "interagency transfers" means revenue, other than internal service funds, legally transferred from one agency to another;
G. "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 2021;
H. "other state funds" means:
(1) nonreverting balances in agency accounts, other than in internal service funds accounts, appropriated by the General Appropriation Act of 2021;
(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;
I. "outcome" means the measure of the actual impact or public benefit of a program;
J. "output" means the measure of the volume of work completed or the level of actual services or products delivered by a program;
K. "performance measure" means a quantitative or qualitative indicator used to assess a program;
L. "quality" means the measure of the quality of a good or service produced and is often an indicator of the timeliness, reliability or safety of services or products produced by a program;
M. "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; and
N. "target" means the expected level of performance of a program's performance measures.
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 2021, or so much as may be necessary, are appropriated from the indicated source for expenditure in fiscal year 2022 for the objects expressed.
D. Unexpended balances in agency accounts remaining at the end of fiscal year 2021 shall revert to the general fund by October 1, 2021 unless otherwise indicated in the General Appropriation Act of 2021 or otherwise provided by law.
E. Unexpended balances in agency accounts remaining at the end of fiscal year 2022 shall revert to the general fund by October 1, 2022 unless otherwise indicated in the General Appropriation Act of 2021 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 2021, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2022. If any other act of the first session of the fifty-fifth 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 2021 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. The department of finance and administration will regularly consult with the legislative finance committee staff to compare fiscal year 2022 revenue collections with the revenue estimate if the analyses indicate that revenues and transfers to the general fund are not expected to meet appropriations, then the department shall present a plan to the legislative finance committee that outlines the methods by which the administration proposes to address the deficit.
I. 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, 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.
J. 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 2021 may be expended for payment of agency-issued credit card invoices.
K. For the purpose of administering the General Appropriation Act of 2021, 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 2022 APPROPRIATIONS.--
A. LEGISLATIVE.--Twenty million nine hundred ninety-nine thousand six hundred dollars ($20,999,600) is appropriated from the general fund to the legislative council
service for allocation to legislative agencies in fiscal year 2022.
B. JUDICIAL.--Three hundred twenty-one million two hundred forty-three thousand six hundred dollars ($321,243,600) from the general fund, twenty-three million six hundred forty-eight thousand four hundred dollars ($23,648,400) from other state funds, fourteen million five thousand four hundred dollars ($14,005,400) from internal service funds/interagency transfers and four million eight hundred twenty-one thousand four hundred dollars ($4,821,400) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2022.
C. GENERAL CONTROL.--One hundred fifty-nine million one hundred eighty-four thousand two hundred dollars ($159,184,200) from the general fund, one billion five hundred eighty million five hundred twenty-six thousand eight hundred dollars ($1,580,526,800) from other state funds, one hundred seven million seven hundred eighty-one thousand one hundred dollars ($107,781,100) from internal service funds/interagency transfers and twenty-seven million three hundred seventy-four thousand four hundred dollars ($27,374,400) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2022.
D. COMMERCE AND INDUSTRY.--Sixty-seven million four hundred twenty-two thousand seven hundred dollars ($67,422,700) from the general fund, one hundred sixty-four million eighty-four thousand one hundred dollars ($164,084,100) from other state funds, twenty million six hundred eighty-nine thousand eight hundred dollars ($20,689,800) from internal service funds/interagency transfers and seven hundred eighty thousand dollars ($780,000) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2022.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.-- Seventy-nine million five hundred ninety-five thousand dollars ($79,595,000) from the general fund, eighty-five million one hundred fifty thousand two hundred dollars ($85,150,200) from other state funds, eighteen million nine hundred thousand five hundred dollars ($18,900,500) from internal service funds/interagency transfers and forty-one million six hundred fifteen thousand three hundred dollars ($41,615,300) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resources agencies in fiscal year 2022.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--One billion nine hundred sixty-seven million one hundred forty-nine thousand one hundred dollars ($1,967,149,100) from the general fund, three hundred million eight hundred twenty-three thousand five hundred dollars ($300,823,500) from other state funds, four hundred ninety-eight million seven hundred thirty-six thousand two hundred dollars ($498,736,200) from internal service funds/interagency transfers and six billion seven hundred fifty-seven million six hundred three thousand three hundred dollars ($6,757,603,300) from federal funds is appropriated to the department of finance and administration for allocation to health, hospitals and human services agencies in fiscal year 2022.
G. PUBLIC SAFETY.--Four hundred seventy-six million three hundred thirty-five thousand nine hundred dollars ($476,335,900) from the general fund, twenty-six million six hundred thirty-three thousand one hundred dollars ($26,633,100) from other state funds, twenty-four million sixty thousand dollars ($24,060,000) from internal service funds/interagency transfers and seventy-one million one hundred ninety-three thousand two hundred dollars ($71,193,200) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2022.
H. TRANSPORTATION.--Five hundred forty-seven million nine hundred forty-four thousand dollars ($547,944,000) from other state funds, six million three hundred seventy-one thousand nine hundred dollars ($6,371,900) from internal service funds/interagency transfers and four hundred four million one hundred forty-five thousand four hundred dollars ($404,145,400) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2022.
I. OTHER EDUCATION.--Forty-one million one hundred ten thousand six hundred dollars ($41,110,600) from the general fund, ten million eight hundred seventy-nine thousand nine hundred dollars ($10,879,900) from other state funds, two hundred forty-five thousand dollars ($245,000) from internal service funds/interagency transfers and thirty million six hundred seventy-nine thousand nine hundred dollars ($30,679,900) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2022.
J. HIGHER EDUCATION.--Eight hundred sixty-six million nine hundred ninety thousand two hundred dollars ($866,990,200) from the general fund, six hundred seventy-two thousand three hundred dollars ($672,300) from other state funds, fifty-two million nine hundred sixty-five thousand seven hundred dollars ($52,965,700) from internal service funds/interagency transfers and ten million eight hundred thousand dollars ($10,800,000) from federal funds is appropriated to the higher education department for expenditure or allocation to higher education agencies in fiscal year 2022.
K. PUBLIC SCHOOL SUPPORT.--Three billion two hundred ninety-eight million four hundred thirty-four thousand six hundred dollars ($3,298,434,600) from the general fund, seven million dollars ($7,000,000) from internal service funds/interagency transfers and four hundred eighty-six million three hundred thousand dollars ($486,300,000) from federal funds is appropriated to the public education department for expenditure or allocation to public school districts in fiscal year 2022.
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 2021 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 2022 to fully fund appropriations made from the tobacco settlement program fund contained in Section 4 of the General Appropriation Act of 2021.
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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