0001| SENATE BILL 687 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| MANNY M. ARAGON | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO STATE FUNDS; CREATING THE RISK RESERVE IN THE | 0013| GENERAL FUND; PROVIDING FOR TRANSFERS INTO AND EXPENDITURES FROM | 0014| THE RISK RESERVE UNDER CERTAIN CIRCUMSTANCES; DECLARING AN | 0015| EMERGENCY. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. [NEW MATERIAL] RISK RESERVE CREATED IN THE | 0019| GENERAL FUND.-- | 0020| A. The "risk reserve" is created in the general | 0021| fund. The risk reserve shall consist of all money transferred | 0022| to the risk reserve pursuant to Sections 10-2-16, 13-5-1, | 0023| 15-7-6, 41-4-23, 51-1-45 and 51-1-46 NMSA 1978. A separate | 0024| account within the risk reserve shall be kept for each source of | 0025| the transfers into the risk reserve. Interest earned on the | 0001| risk reserve shall be credited to the risk reserve. | 0002| B. The risk reserve may be expended only upon | 0003| specific authorization by the legislature in an amount | 0004| authorized by the legislature for the following purposes, as | 0005| designated in the legislative authorization: | 0006| (1) in the event general fund balances, | 0007| including all authorized revenues and transfers to the general | 0008| fund and balances in the general fund operating reserve, but | 0009| excluding balances in the risk reserve, are insufficient to meet | 0010| the level of appropriations authorized from the general fund, | 0011| then necessary amounts from the risk reserve may be authorized | 0012| for transfer to the general fund for use in meeting those | 0013| appropriations; or | 0014| (2) in the event any balance in the state | 0015| government unemployment compensation reserve fund, the local | 0016| public body unemployment compensation reserve fund, the public | 0017| property reserve fund, the public liability fund, the surety | 0018| bond fund or the workers' compensation retention fund is | 0019| insufficient to meet the expenditures required by law to be made | 0020| from each fund, then the necessary amount may be authorized for | 0021| transfer from the appropriate account in the risk reserve to the | 0022| appropriate fund. | 0023| Section 2. Section 10-2-16 NMSA 1978 (being Laws 1978, | 0024| Chapter 132, Section 4, as amended) is amended to read: | 0025| "10-2-16. SURETY BOND FUND.-- | 0001| A. There is created in the state treasury a "surety | 0002| bond fund". | 0003| B. Money deposited in the surety bond fund may be | 0004| expended by the department: | 0005| (1) to provide surety bond coverage; | 0006| [(2) to create a retention fund to cover all | 0007| or any portion of the surety bond risks of state agencies and | 0008| covered educational entities; | 0009| (3)] (2) to pay claims of state agencies and | 0010| covered educational entities covered by a surety bond | 0011| certificate of coverage issued by the department; and | 0012| [(4)] (3) to pay any costs and expenses of | 0013| carrying out the provisions of this section. | 0014| C. Claims against the surety bond fund shall be made | 0015| in accordance with a certificate of coverage issued by the | 0016| department to each state agency and covered educational entity. | 0017| If the secretary has reason to believe that the surety bond | 0018| fund, including any transfers to the surety bond fund from the | 0019| risk reserve, would be exhausted by the payment of all claims | 0020| allowed against the fund during a particular state fiscal year, | 0021| the amounts paid for each claim shall be prorated with each | 0022| state agency and covered educational entity receiving an amount | 0023| equal to the percentage that its claims bear to the total of | 0024| claims outstanding and payable from the fund. Any amounts due | 0025| and unpaid as a result of such proration shall be paid in the | 0001| following fiscal years. | 0002| D. The department shall collect or transfer funds | 0003| from each state agency and covered educational entity to cover | 0004| costs of coverage of employees of the agency as required by this | 0005| section. Money collected or transferred from a state agency or | 0006| covered educational entity pursuant to this subsection shall be | 0007| deposited in the surety bond fund. | 0008| E. The department may provide individual surety bond | 0009| coverage protecting employees who are employers or supervisors | 0010| from personal losses for which they may be responsible, which | 0011| losses were caused by the lack of honesty or faithful | 0012| performance of employees under their supervision or control. | 0013| F. The department shall have the right to recover | 0014| from a public employee for any loss under the Surety Bond Act | 0015| for which the public employee was responsible. | 0016| G. The risk management advisory board shall review: | 0017| (1) specifications for all surety bond coverage | 0018| to be purchased by the department; | 0019| (2) the form and legal sufficiency of any | 0020| surety bond coverage to be purchased by the department; and | 0021| (3) the form, purpose and content of any surety | 0022| bond certificate of coverage to be issued by the director. | 0023| H. Before the beginning of each fiscal year, the | 0024| risk management advisory board shall calculate the current cash | 0025| balance in the surety bond fund, all revenue projected to be | 0001| deposited into the fund during the next fiscal year and all | 0002| expenditures projected to be made from the fund during the next | 0003| fiscal year. All projected excess cash balances shall be | 0004| transferred to the risk reserve. Excess cash balances shall be | 0005| calculated as the current cash balance plus projected revenue | 0006| minus projected expenditures." | 0007| Section 3. Section 13-5-1 NMSA 1978 (being Laws 1981, | 0008| Chapter 101, Section 1, as amended) is amended to read: | 0009| "13-5-1. STATE AGENCY PUBLIC PROPERTY--INSURANCE--RESERVES | 0010| FOR LOSSES OF STATE AGENCIES--PUBLIC PROPERTY RESERVE FUND | 0011| CREATED.-- | 0012| A. The risk management division of the general | 0013| services department shall purchase a blanket insurance policy | 0014| for public buildings of state agencies against loss or damage by | 0015| fire, windstorm, hail, smoke, explosion, riot or civil | 0016| commotion. The risk management division may provide coverage to | 0017| covered educational entities under the public property reserve | 0018| fund through blanket or individual policies. [The risk | 0019| management division shall create a reserve for the uninsured | 0020| value of any such public building and for the uninsured loss or | 0021| damage to any such building by flood, subject to any deductible | 0022| which the risk management advisory board determines shall be | 0023| borne by individual state agencies or covered educational | 0024| entities.] | 0025| B. Subject to any deductible to be borne by | 0001| individual state agencies or covered educational entities, the | 0002| risk management division of the general services department | 0003| may purchase insurance [establish reserves or provide a | 0004| combination of insurance and reserves] to: | 0005| (1) cover, in any amount not to exceed | 0006| replacement cost, buildings of state agencies or covered | 0007| educational entities destroyed or damaged by any peril other | 0008| than a peril set forth in Subsection A of this section; | 0009| (2) cover, in any amount not to exceed | 0010| replacement cost, any personal property [which] that is | 0011| destroyed or damaged by any peril; or | 0012| (3) cover, in any amount not to exceed | 0013| replacement cost, any personal property which is stolen. | 0014| C. Any insurance purchased pursuant to Subsections A | 0015| and B of this section may be purchased with such deductible | 0016| provisions as may be deemed desirable by the risk management | 0017| advisory board. | 0018| D. The director of the risk management division of | 0019| the general services department shall include in his annual | 0020| report to the legislature an inventory of all public buildings | 0021| insured by the division, the estimated total value of such | 0022| buildings, the total insured value of such buildings and the | 0023| amount of any deductible or maximum loss provisions in the | 0024| current insurance policy covering such buildings. | 0025| E. There is created in the state treasury the | 0001| "public property reserve fund". The fund shall consist of | 0002| assessments of state agencies and covered educational entities | 0003| deposited in the fund, money appropriated to the fund and money | 0004| received as proceeds of insurance purchased pursuant to this | 0005| section. The fund may be used to: | 0006| (1) purchase property insurance; | 0007| (2) pay any claim covered by a certificate of | 0008| coverage issued by the director of the risk management division | 0009| of the general services department; provided such claims shall | 0010| only be paid to the extent of actual expenses [which] that | 0011| have been or will be incurred to repair, reconstruct and replace | 0012| covered property; | 0013| (3) pay the cost of repair, reconstruction and | 0014| replacement of property and expense incidental thereto arising | 0015| from damage or destruction covered pursuant to this section; | 0016| (4) enter into such consulting and other | 0017| contracts as may be necessary or desirable in carrying out the | 0018| provisions of this section; and | 0019| (5) pay any costs and expenses incurred in | 0020| carrying out the provisions of this section. | 0021| F. The director of the legislative council service | 0022| may elect to cover all or any part of any public buildings or | 0023| property under his jurisdiction through the public property | 0024| reserve fund by giving written notice of such election to the | 0025| director of the risk management division of the general | 0001| services department and paying assessments [which] that the | 0002| director of the risk management division prescribes. | 0003| G. For purposes of this section, "state agency" | 0004| means the state or any of its branches, agencies, departments, | 0005| boards, instrumentalities or institutions. | 0006| H. For the purposes of this section, "covered | 0007| educational entities" means school districts as defined in | 0008| Section 22-1-2 NMSA 1978 and educational institutions | 0009| established pursuant to Chapter 21, Articles 13, 16 and 17 NMSA | 0010| 1978 [which] that request and are granted coverage from the | 0011| risk management division of the general services department, if | 0012| the coverage is commercially unavailable; except that coverage | 0013| shall be provided to a school district only through the public | 0014| school [group] insurance authority or its successor unless the | 0015| district has been granted a waiver by the authority or the | 0016| authority is not offering the coverage for the fiscal year for | 0017| which the division offers its coverage. A local school district | 0018| to which the division may provide coverage may provide for | 0019| marketing and servicing to be done by licensed insurance agents | 0020| who shall receive reasonable compensation for their services. | 0021| [I. The provisions of this section are effective | 0022| July 1, 1990.] | 0023| I. Before the beginning of each fiscal year, the | 0024| risk management advisory board shall calculate the current cash | 0025| balance in the public property reserve fund, all revenue | 0001| projected to be deposited into the fund during the next fiscal | 0002| year and all expenditures projected to be made from the fund | 0003| during the next fiscal year. All projected excess cash balances | 0004| shall be transferred to the risk reserve. Excess cash balances | 0005| shall be calculated as the current cash balance plus projected | 0006| revenue minus projected expenditures." | 0007| Section 4. Section 15-7-6 NMSA 1978 (being Laws 1977, | 0008| Chapter 385, Section 9, as amended) is amended to read: | 0009| "15-7-6. WORKERS' COMPENSATION RETENTION FUND.-- | 0010| A. There is created in the state treasury the | 0011| "workers' compensation retention fund". | 0012| B. Money deposited in or appropriated to the | 0013| workers' compensation retention fund may be used by the director | 0014| to: | 0015| (1) purchase workers' compensation insurance; | 0016| [(2) establish appropriate reserves to provide | 0017| workers' compensation coverage for employees of state agencies | 0018| or employees of covered educational entities; | 0019| (3)] (2) pay workers' compensation claims in | 0020| accordance with the Workers' Compensation Act; | 0021| [(4)] (3) enter into consulting and other | 0022| contracts as may be necessary or desirable in carrying out the | 0023| provisions of this section; and | 0024| [(5)] (4) pay any costs or expenses | 0025| incurred in carrying out the provisions of this section. | 0001| C. For the purposes of this section, "covered | 0002| educational entities" means school districts as defined in | 0003| Section 22-1-2 NMSA 1978 and educational institutions | 0004| established pursuant to Chapter 21, Articles 13, 16 and 17 NMSA | 0005| 1978 [which] that request and are granted coverage from the | 0006| risk management division of the general services department, if | 0007| the coverage is commercially unavailable; except that coverage | 0008| shall be provided to a school district only through the public | 0009| school [group] insurance authority or its successor unless the | 0010| district has been granted a waiver by the authority or the | 0011| authority is not offering the coverage for the fiscal year for | 0012| which the division offers its coverage. A local school district | 0013| to which the division may provide coverage may provide for | 0014| marketing and servicing to be done by licensed insurance agents | 0015| who shall receive reasonable compensation for their services. | 0016| D. Before the beginning of each fiscal year, the | 0017| risk management advisory board shall calculate the current cash | 0018| balance in the workers' compensation retention fund, all revenue | 0019| projected to be deposited into the fund during the next fiscal | 0020| year and all expenditures projected to be made from the fund | 0021| during the next fiscal year. All projected excess cash balances | 0022| shall be transferred to the risk reserve. Excess cash balances | 0023| shall be calculated as the current cash balance plus projected | 0024| revenue minus projected expenditures." | 0025| Section 5. Section 41-4-23 NMSA 1978 (being Laws 1977, | 0001| Chapter 386, Section 17, as amended) is amended to read: | 0002| "41-4-23. PUBLIC LIABILITY FUND CREATED--PURPOSES.-- | 0003| A. There is created the "public liability fund". | 0004| The fund and any income from the fund shall be held in trust, | 0005| deposited in a segregated account and invested by the general | 0006| services department with the prior approval of the state board | 0007| of finance. | 0008| B. Money deposited in the public liability fund may | 0009| be expended by the risk management division of the general | 0010| services department: | 0011| (1) to purchase tort liability insurance for | 0012| state agencies and their employees and for any local public body | 0013| participating in the public liability fund and its employees; | 0014| (2) to contract with one or more consulting or | 0015| claims adjusting firms pursuant to the provisions of Section 41-4-24 NMSA 1978; | 0016| (3) to defend, save harmless and indemnify any | 0017| state agency or employee of a state agency or a local public | 0018| body or an employee of such local public body for any claim or | 0019| liability covered by a valid and current certificate of coverage | 0020| to the limits of such certificate of coverage; | 0021| (4) to pay claims and judgments covered by a | 0022| certificate of coverage; | 0023| (5) to contract with one or more attorneys or | 0024| law firms on a per-hour basis, or with the attorney general, to | 0025| defend tort liability claims against governmental entities and | 0001| public employees acting within the scope of their duties; | 0002| (6) to pay any costs and expenses incurred in | 0003| carrying out the provisions of this section; | 0004| [(7) to create a retention fund for any risk | 0005| covered by a certificate of coverage; | 0006| (8) to cover personal injury liability risks of | 0007| governmental entities, including the risks set forth in | 0008| Paragraph (2) of Subsection B and Paragraph (2) of Subsection D | 0009| of Section 41-4-4 NMSA 1978, to the extent and to the limits of | 0010| any certificate of coverage; | 0011| (9)] (7) to insure or provide certificates | 0012| of coverage to school bus contractors and their employees, | 0013| notwithstanding Subsection [E] F of Section 41-4-3 NMSA | 0014| 1978, for any comparable risk for which immunity has been waived | 0015| for public employees pursuant to Section 41-4-5 NMSA 1978, if | 0016| the coverage is commercially unavailable; except that coverage | 0017| for exposure created by Sections 41-4-9, 41-4-10 and 41-4-12 | 0018| NMSA 1978 shall be provided to its member public school dis- | 0019| tricts and participating other educational entities of the | 0020| public school insurance authority, by the authority, and except | 0021| that coverage shall be provided to a contractor and his | 0022| employees only through the public school [group] insurance | 0023| authority or its successor, unless the district to which the | 0024| contractor provides services has been granted a waiver by the | 0025| authority or the authority is not offering the coverage for the | 0001| fiscal year for which the division offers its coverage. A local | 0002| school district to which the division may provide coverage may | 0003| provide for marketing and servicing to be done by licensed in- | 0004| surance agents who shall receive reasonable compensation for | 0005| their services; and | 0006| [(10)] (8) to insure or provide | 0007| certificates of coverage for any ancillary coverage typically | 0008| found in commercially available liability policies provided to | 0009| governmental entities, if the coverage is commercially | 0010| unavailable. | 0011| C. No settlement of any claim covered by the public | 0012| liability fund in excess of five thousand dollars ($5,000) shall | 0013| be made unless the settlement has first been approved in writing | 0014| by the director of the risk management division of the general | 0015| services department. This subsection shall not be construed to | 0016| limit the authority of an insurance carrier, covering any | 0017| liability under the Tort Claims Act, to compromise, adjust and | 0018| settle claims against governmental entities or their public | 0019| employees. | 0020| D. Claims against the public liability fund shall | 0021| be made in accordance with rules or regulations of the director | 0022| of the risk management division of the general services | 0023| department. If the director of the risk management division has | 0024| reason to believe that the fund, including any transfers to the | 0025| fund from the risk reserve, would be exhausted by payment of | 0001| all claims allowed during a particular state fiscal year, | 0002| pursuant to regulations of the risk management division, the | 0003| amounts paid to each claimant and other parties obtaining | 0004| judgments shall be prorated, with each party receiving an amount | 0005| equal to the percentage his own payment bears to the total of | 0006| claims or judgments outstanding and payable from the fund. Any | 0007| amounts due and unpaid as a result of such proration shall be | 0008| paid in the following fiscal years. | 0009| E. Before the beginning of each fiscal year, the | 0010| risk management advisory board shall calculate the current cash | 0011| balance in the public liability fund, all revenue projected to | 0012| be deposited into the fund during the next fiscal year and all | 0013| expenditures projected to be made from the fund during the next | 0014| fiscal year. All projected excess cash balances shall be | 0015| transferred to the risk reserve. Excess cash balances shall be | 0016| calculated as the current cash balance plus projected revenue | 0017| minus projected expenditures." | 0018| Section 6. Section 51-1-45 NMSA 1978 (being Laws 1977, | 0019| Chapter 227, Section 7, as amended) is amended to read: | 0020| "51-1-45. STATE GOVERNMENT UNEMPLOYMENT COMPENSATION | 0021| RESERVE FUND CREATED--PURPOSES--ASSESSMENTS.-- | 0022| A. There is created a "state government unemployment | 0023| compensation reserve fund". The fund and any income from the | 0024| fund shall be held in trust, deposited in a segregated account | 0025| and invested by the director of the risk management division of | 0001| the general services department with the prior approval of the | 0002| state board of finance. Money in the fund is hereby | 0003| appropriated to carry out the purposes of the fund. | 0004| B. The director of the risk management division of | 0005| the general services department shall assess each state agency | 0006| at the end of each calendar quarter in accordance with the rate | 0007| schedule prescribed by the risk management division plus an | 0008| additional amount to pay reasonable costs of administration of | 0009| the fund. Assessments shall be deposited in the state | 0010| government unemployment compensation reserve fund to carry out | 0011| the purposes of Laws 1977, Chapter 227, as amended. The | 0012| director of the risk management division shall approve the | 0013| method of computing the amounts that are payable under this | 0014| subsection by each state agency and the time and manner of | 0015| payments. | 0016| C. Money deposited in the state government | 0017| unemployment compensation reserve fund may be used by the | 0018| director of the risk management division of the general | 0019| services department to: | 0020| (1) pay the department for benefits paid to | 0021| employees of state agencies; | 0022| (2) pay any costs or expenses incurred in | 0023| protesting benefits paid by the department; and | 0024| (3) pay any other costs incurred in carrying | 0025| out the provisions of this section [and | 0001| (4) establish and maintain a reserve fund for | 0002| paying reimbursements of benefits paid to employees of state | 0003| agencies]. | 0004| D. Before the beginning of each fiscal year, the | 0005| risk management advisory board shall calculate the current cash | 0006| balance in the state government unemployment compensation | 0007| reserve fund, all revenue projected to be deposited into the | 0008| fund during the next fiscal year and all expenditures projected | 0009| to be made from the fund during the next fiscal year. All | 0010| projected excess cash balances shall be transferred to the risk | 0011| reserve. Excess cash balances shall be calculated as the | 0012| current cash balance plus projected revenue minus projected | 0013| expenditures." | 0014| Section 7. Section 51-1-46 NMSA 1978 (being Laws 1977, | 0015| Chapter 227, Section 8, as amended) is amended to read: | 0016| "51-1-46. LOCAL PUBLIC BODY UNEMPLOYMENT COMPENSATION | 0017| RESERVE FUND CREATED--PURPOSES--ASSESSMENTS.-- | 0018| A. There is created the "local public body | 0019| unemployment compensation reserve fund". The fund and any | 0020| income from the fund shall be held in trust, deposited in a | 0021| segregated account and invested by the general services | 0022| department with the prior approval of the state board of | 0023| finance. Money in the fund is hereby appropriated to carry out | 0024| the purposes of the fund. | 0025| B. Any local public body of this state may | 0001| participate in the local public body unemployment compensation | 0002| reserve fund by: | 0003| (1) giving notice to the director of the risk | 0004| management division of the general services department at | 0005| least ninety days prior to the date participation is to begin; | 0006| and | 0007| (2) agreeing to pay at the end of each calendar | 0008| quarter an amount determined pursuant to the rate schedule pre- | 0009| scribed by the risk management division plus such additional | 0010| amount as may be necessary to pay reasonable costs of | 0011| administration. | 0012| C. The director of the risk management division of | 0013| the general services department shall terminate the | 0014| participation of any local public body in the local public body | 0015| unemployment compensation reserve fund if the local public body | 0016| fails to: | 0017| (1) pay any assessment made by the risk | 0018| management division within thirty days after the date of | 0019| assessment; or | 0020| (2) comply with regulations of the risk | 0021| management division. | 0022| D. Money deposited in the local public body | 0023| unemployment compensation reserve fund may be used by the | 0024| director of the risk management division of the general | 0025| services department to: | 0001| (1) reimburse the department for benefits paid | 0002| to public employees covered under the local public body | 0003| unemployment compensation reserve fund during the previous | 0004| calendar quarter; | 0005| (2) pay any costs or expenses incurred in | 0006| protesting benefits paid by the department; and | 0007| (3) pay any costs and expenses incurred in | 0008| carrying out the provisions of this section [and | 0009| (4) establish and maintain a reserve fund for | 0010| paying reimbursements of benefits paid to employees of local | 0011| public bodies]. | 0012| E. Before the beginning of each fiscal year, the | 0013| risk management advisory board shall calculate the current cash | 0014| balance in the public body unemployment compensation reserve | 0015| fund, all revenue projected to be deposited into the fund during | 0016| the next fiscal year and all expenditures projected to be made | 0017| from the fund during the next fiscal year. All projected excess | 0018| cash balances shall be transferred to the risk reserve. Excess | 0019| cash balances shall be calculated as the current cash balance | 0020| plus projected revenue minus projected expenditures." | 0021| Section 8. EMERGENCY.--It is necessary for the public | 0022| peace, health and safety that this act take effect immediately. | 0023|  | 0024| | 0025| FORTY-SECOND LEGISLATURE | 0001| SECOND SESSION, 1996 | 0002| | 0003| | 0004| JANUARY 31, 1996 | 0005| | 0006| Mr. President: | 0007| | 0008| Your COMMITTEES' COMMITTEE, to whom has been referred | 0009| | 0010| SENATE BILL 687 | 0011| | 0012| has had it under consideration and finds same to be GERMANE, PURSUANT | 0013| TO CONSTITUTIONAL PROVISIONS, and thence referred to the FINANCE | 0014| COMMITTEE. | 0015| | 0016| Respectfully submitted, | 0017| | 0018| | 0019| | 0020| | 0021| __________________________________ | 0022| SENATOR MANNY M. ARAGON, Chairman | 0023| | 0024| | 0025| | 0001| Adopted_______________________ Not Adopted_______________________ | 0002| (Chief Clerk) (Chief Clerk) | 0003| | 0004| | 0005| Date ________________________ | 0006| | 0007| | 0008| | 0009| S0687CC1 | 0010| | 0011| FORTY-SECOND LEGISLATURE | 0012| SECOND SESSION, 1996 | 0013| | 0014| | 0015| February 14, 1996 | 0016| | 0017| Mr. President: | 0018| | 0019| Your FINANCE COMMITTEE, to whom has been referred | 0020| | 0021| SENATE BILL 687 | 0022| | 0023| has had it under consideration and reports same with recommendation that | 0024| it DO PASS. | 0025| | 0001| Respectfully submitted, | 0002| | 0003| | 0004| | 0005| __________________________________ | 0006| Ben D.Altamirano, Chairman | 0007| | 0008| | 0009| | 0010| Adopted_______________________ Not Adopted_______________________ | 0011| (Chief Clerk) (Chief Clerk) | 0012| | 0013| | 0014| | 0015| Date ________________________ | 0016| | 0017| | 0018| The roll call vote was 8 For 0 Against | 0019| Yes: 8 | 0020| No: 0 | 0021| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar | 0022| Absent: None | 0023| | 0024| | 0025| S0687FC1 | 0001| FORTY-SECOND LEGISLATURE | 0002| SECOND SESSION | 0003| | 0004| | 0005| February 14, 1996 | 0006| | 0007| | 0008| SENATE FLOOR AMENDMENT number _______ to SENATE BILL 687 | 0009| | 0010| Amendment sponsored by Senator Manny M. Aragon | 0011| | 0012| | 0013| 1. On page 1, line 13, after the semicolon insert "MAKING AN | 0014| APPROPRIATION;". | 0015| | 0016| 2. On page 1, line 22, after "41-4-23" strike the comma and insert | 0017| "and" and strike "and 51-1-46". | 0018| | 0019| 3. On page 2, between lines 21 and 22, insert the following | 0020| subsection: | 0021| | 0022| "C. Upon the transfer of any amount pursuant to Paragraph (1) | 0023| of Subsection B of this section, the secretary of finance and | 0024| administration shall determine, on an agency-by-agency basis, how much | 0025| of the transferred amount was derived from federal funds. Upon the | 0001| determination, the secretary shall negotiate a settlement with the | 0002| federal government concerning any reimbursement that may be owed by the | 0003| state. After reporting to the legislative finance committee on the | 0004| results of the negotiations, the secretary is authorized to expend such | 0005| amount from the risk reserve as may be necessary to reimburse, or | 0006| otherwise compensate, the federal government. Such amount is | 0007| appropriated.". | 0008| | 0009| 4. On page 4, line 6, after the period insert "Income from the | 0010| surety bond fund shall be credited to the fund.". | 0011| | 0012| 5. On page 5, line 2, strike "All" and insert in lieu thereof | 0013| "Ninety percent of all". | 0014| | 0015| 6. On page 7, line 2, after "to the fund" insert ", income earned | 0016| by the fund". | 0017| | 0018| 7. On page 9, line 2, strike "All" and insert in lieu thereof | 0019| "Ninety percent of all". | 0020| | 0021| 8. On page 9, line 11, after "in" insert ", earned by". | 0022| | 0023| 9. On page 10, line 20, strike "All" and insert in lieu thereof | 0024| "Ninety percent of all". | 0025| | 0001| 10. On page 14, line 13, strike "All" and insert in lieu thereof | 0002| "Ninety percent of all". | 0003| | 0004| 11. On page 16, line 8, strike "All" and insert in lieu thereof | 0005| "Ninety percent of all". | 0006| | 0007| 12. On pages 16 through 18, strike Section 7 in its entirety. | 0008| | 0009| 13. Renumber the succeeding sections accordingly. | 0010| | 0011| | 0012| | 0013| | 0014| __________________________ | 0015| Manny M. Aragon | 0016| | 0017| | 0018| | 0019| Adopted ___________________ Not Adopted _____________________ | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| | 0023| Date _________________ | 0024| | 0025| | 0001| FORTY-SECOND LEGISLATURE | 0002| SECOND SESSION, 1996 | 0003| | 0004| | 0005| February 14, 1996 | 0006| | 0007| Mr. President: | 0008| | 0009| Your FINANCE COMMITTEE, to whom has been referred | 0010| | 0011| SENATE BILL 687 | 0012| | 0013| has had it under consideration and reports same with recommendation that | 0014| it DO PASS. | 0015| | 0016| Respectfully submitted, | 0017| | 0018| | 0019| | 0020| __________________________________ | 0021| Ben D.Altamirano, Chairman | 0022| | 0023| | 0024| | 0025| Adopted_______________________ Not Adopted_______________________ | 0001| (Chief Clerk) (Chief Clerk) | 0002| | 0003| | 0004| | 0005| Date ________________________ | 0006| | 0007| | 0008| The roll call vote was 8 For 0 Against | 0009| Yes: 8 | 0010| No: 0 | 0011| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar | 0012| Absent: None | 0013| | 0014| | 0015| S0687FC1 | 0016| |