0001| HOUSE APPROPRIATIONS AND FINANCE COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 2 | 0003| 43rd legislature - STATE OF NEW MEXICO - first special session, 1998 | 0004| INTRODUCED BY | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| MAKING GENERAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR | 0013| STATE GOVERNMENT. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. SPECIAL APPROPRIATIONS.--The following | 0017| amounts are appropriated from the general fund or other funds | 0018| as indicated for the purposes specified. Unless otherwise | 0019| indicated, the appropriations may be expended in fiscal years | 0020| 1998 and 1999. Unless otherwise indicated, unexpended or | 0021| unencumbered balances of the appropriations remaining at the | 0022| end of fiscal year 1999 shall revert to the appropriate fund: | 0023| A. one million dollars ($1,000,000) is | 0024| appropriated from the general fund to the children, youth and | 0025| families department for expenditure in fiscal year 1999 for | - 1 -0001| contractual services for prevention and intervention services; | 0002| B. five million five hundred thousand dollars | 0003| ($5,500,000) is appropriated from the general fund to the | 0004| income support division of the human services department for | 0005| expenditure in fiscal year 1999 for expenses related to the | 0006| general assistance program; | 0007| C. one million seven hundred thousand dollars | 0008| ($1,700,000) is appropriated from other state funds, including | 0009| the county-supported medicaid fund, to the department of | 0010| health for expenditure in fiscal year 1999 for costs related | 0011| to the support of primary care facilities, contracts and other | 0012| expenses; | 0013| D. three hundred fifty thousand dollars ($350,000) | 0014| is appropriated from the general fund to the economic | 0015| development department for costs related to development, | 0016| promotion and planning of the spaceport; | 0017| E. the unexpended or unencumbered balance of the | 0018| appropriation to the commission on higher education in Laws | 0019| 1997, Chapter 206, Section 2 for feasibility studies and | 0020| implementation of a prepaid tuition program shall not revert | 0021| at the end of fiscal year 1998 but may be expended for the | 0022| purposes of that section in fiscal year 1999; | 0023| F. the following amounts are appropriated from the | 0024| general fund to the legislative council service for | 0025| expenditure in fiscal year 1999 for the following purposes: | - 2 -0001| (1) one hundred seventy-five thousand dollars | 0002| ($175,000) for phase three of the block boundary suggestion | 0003| project in preparation for redistricting after the next federal | 0004| decennial census; | 0005| (2) three hundred sixty thousand dollars | 0006| ($360,000) for legislative retirement; and | 0007| (3) two hundred fifty-three thousand dollars | 0008| ($253,000) for a year 2000 compliant data system and other data | 0009| processing needs; | 0010| G. one million dollars ($1,000,000) is appropriated | 0011| from the general fund to the department of finance and | 0012| administration to contract with the New Mexico mortgage finance | 0013| authority for weatherization programs; | 0014| H. the following amounts are appropriated from the | 0015| general fund to the New Mexico office of Indian affairs for | 0016| expenditure in fiscal years 1999 and 2000, and any unexpended or | 0017| unencumbered balance remaining at the end of fiscal year 2000 | 0018| shall revert to the general fund: | 0019| (1) one hundred seventy-five thousand dollars | 0020| ($175,000) to initiate and implement a public policy program for | 0021| native American students in conjunction with the Woodrow Wilson | 0022| national fellowship foundation; and | 0023| (2) five hundred thousand dollars ($500,000) | 0024| for a tribal-state community-based education project developed | 0025| through a partnership between the state and a pueblo education | - 3 -0001| consortium to improve the education of Indian students; | 0002| I. five hundred thousand dollars ($500,000) is | 0003| appropriated from the general fund to the human services | 0004| department for expenditure in fiscal year 1999 to contract with | 0005| the New Mexico mortgage finance authority to provide services to | 0006| homeless programs statewide; | 0007| J. the following amounts are appropriated from the | 0008| general fund to the department of health for expenditure in | 0009| fiscal year 1999 for the following purposes: | 0010| (1) five hundred thousand dollars ($500,000) | 0011| for HIV/AIDS medications and treatments; | 0012| (2) seven hundred fifty thousand dollars | 0013| ($750,000) for early intervention for the developmentally | 0014| disabled; | 0015| (3) eight hundred thousand dollars ($800,000) | 0016| to carry out the purposes of the Rural Primary Health Care Act; | 0017| and | 0018| (4) five hundred thousand dollars ($500,000) | 0019| for children's health initiatives in the public health division; | 0020| K. nine hundred thousand dollars ($900,000) is | 0021| appropriated from the general fund to the health policy | 0022| commission for expenditure in fiscal year 1999 for contractual | 0023| services; | 0024| L. the following amounts are appropriated to the | 0025| children, youth and families department for expenditure in fiscal | - 4 -0001| year 1999 for the following purposes: | 0002| (1) four hundred thousand dollars ($400,000) | 0003| for families in need of services; and | 0004| (2) five hundred thousand dollars ($500,000) | 0005| for health services for children not eligible for medicaid; | 0006| M. sixty thousand dollars ($60,000) is appropriated | 0007| from the general fund to the crime victims reparation commission | 0008| for expenditure in fiscal year 1999 for a statewide legal help | 0009| line for victims of domestic violence; | 0010| N. the following amounts are appropriated from the | 0011| general fund to the state department of public education for | 0012| expenditure in fiscal year 1999 for the following purposes: | 0013| (1) one million dollars ($1,000,000) to provide | 0014| the match for the computers in the schools program; and | 0015| (2) six hundred thousand dollars ($600,000) for | 0016| statewide dropout prevention programs; | 0017| O. one hundred fifty thousand dollars ($150,000) is | 0018| appropriated from the general fund to the commission on higher | 0019| education for expenditure in fiscal year 1999 for the advanced | 0020| placement program; | 0021| P. one hundred thirty-two thousand dollars ($132,000) | 0022| is appropriated from the general fund to the New Mexico military | 0023| institute for the Saunders barracks phase two construction | 0024| project; | 0025| Q. eighteen million seven hundred ninety-one thousand | - 5 -0001| four hundred dollars ($18,791,400) is appropriated from the | 0002| temporary assistance for needy families block grant to the human | 0003| services department to enter into a contract or memorandum of | 0004| understanding with the children, youth and families department to | 0005| provide child care to participants as defined in the New Mexico | 0006| Works Act. This appropriation to the human services department | 0007| supports the interagency transfer appropriation to the children, | 0008| youth and families department in Laws 1998, Chapter 116, Section | 0009| 4; | 0010| R. the unexpended or unencumbered balance of the | 0011| appropriation made to the state agency on aging in Laws 1997, | 0012| Chapter 33, Section 7 is appropriated to the state agency on | 0013| aging for expenditure in fiscal year 1999 for the aging programs | 0014| information system; | 0015| S. five hundred thousand dollars ($500,000) is | 0016| appropriated from the general fund to the state corporation | 0017| commission for expenditure in fiscal year 1999 for department of | 0018| insurance costs associated with administration of the Patient | 0019| Protection Act; and | 0020| T. two hundred thousand dollars ($200,000) is | 0021| appropriated from the general fund to the criminal and juvenile | 0022| justice coordinating council for expenditure in fiscal year 1999 | 0023| for contractual services; provided that this appropriation is | 0024| contingent on the council submitting to the governor and the | 0025| department of finance and administration a long-range plan for | - 6 -0001| the agency that provides specific information of its future | 0002| activities and its goals and objectives. | 0003| Section 2. SUPPLEMENTAL AND DEFICIENCY APPROPRIATIONS.-- | 0004| The following amounts are appropriated from the general fund, or | 0005| other funds as indicated, for expenditure in fiscal year 1998 for | 0006| the purposes specified. Disbursement of these amounts shall be | 0007| subject to the following conditions: certification by the agency | 0008| to the department of finance and administration and the | 0009| legislative finance committee that no other funds are available | 0010| in fiscal year 1998 for the purpose specified; and approval by | 0011| the department of finance and administration. Any unexpended or | 0012| unencumbered balances remaining at the end of fiscal year 1998 | 0013| shall revert to the appropriate fund: | 0014| A. one hundred ninety-three thousand two hundred | 0015| dollars ($193,200) is appropriated to the supreme court for | 0016| litigation costs; | 0017| B. five thousand four hundred dollars ($5,400) is | 0018| appropriated to the fifth judicial district court for judge pro | 0019| tempore services rendered in fiscal year 1997 in the State v. | 0020| Lewis water adjudication suit; | 0021| C. twenty-three thousand one hundred dollars | 0022| ($23,100) is appropriated to the ninth judicial district attorney | 0023| for litigation costs in the prosecution of a conflict case for | 0024| the fifth judicial district attorney; | 0025| D. eight thousand seven hundred dollars ($8,700) is | - 7 -0001| appropriated to the twelfth judicial district attorney for expert | 0002| witness fees; | 0003| E. eighty-eight thousand dollars ($88,000) is | 0004| appropriated to the attorney general for the guardianship | 0005| services program; | 0006| F. thirty thousand dollars ($30,000) is appropriated | 0007| to the state treasurer for personal services and employee | 0008| benefits; | 0009| G. three million five hundred thousand dollars | 0010| ($3,500,000) is appropriated to the corrections department for | 0011| costs associated with leasing bed space; and | 0012| H. five hundred thousand dollars ($500,000) is | 0013| appropriated to the secretary of state to defray costs of the | 0014| special congressional election. | 0015| Section 3. JURY AND WITNESS FEE FUND--APPROPRIATION.-- | 0016| A. Six hundred thousand dollars ($600,000) is | 0017| appropriated from the general fund to the jury and witness fee | 0018| fund for expenditure in fiscal year 1998 and subsequent fiscal | 0019| years to carry out the purposes of the fund. The administrative | 0020| office of the courts may also expend the cash balances in the | 0021| fund as of May 1, 1998 in fiscal year 1998 and subsequent fiscal | 0022| years to carry out the purposes of the fund. Money in the fund | 0023| shall not be used to repay the fiscal year 1998 state board of | 0024| finance loan. | 0025| B. Four hundred thousand dollars ($400,000) is | - 8 -0001| appropriated from the general fund to the jury and witness fee | 0002| fund for expenditure in fiscal year 1999 and subsequent fiscal | 0003| years to carry out the purposes of the fund. | 0004| C. Six hundred thousand dollars ($600,000) is | 0005| appropriated from the general fund operating reserve to the | 0006| department of finance and administration for expenditure in | 0007| fiscal year 1999 and subsequent fiscal years as a contingency | 0008| fund to pay unanticipated costs of the jury and witness fee fund | 0009| when the director of the administrative office of the courts | 0010| certifies to the secretary of finance and administration that | 0011| there is not enough money in the jury and witness fee fund to pay | 0012| current and projected commitments. | 0013| D. Three hundred fifty thousand dollars ($350,000) is | 0014| appropriated from the general fund to the jury and witness fee | 0015| fund for expenditure in fiscal years 1998 and 1999 for court, | 0016| defense and prosecution costs associated with State v. Nieto. | 0017| Section 4. COMPUTER SYSTEMS ENHANCEMENT FUND | 0018| APPROPRIATIONS.--Six million forty-five thousand dollars | 0019| ($6,045,000) is appropriated from the general fund to the | 0020| computer systems enhancement fund for expenditure in fiscal years | 0021| 1998 and 1999 for allocations pursuant to the appropriations in | 0022| Section 5 of this act. | 0023| Section 5. DATA PROCESSING APPROPRIATIONS.--The following | 0024| amounts are appropriated from the computer systems enhancement | 0025| fund, or other funds as indicated, for the purposes specified. | - 9 -0001| Unless otherwise indicated, the appropriations may be expended in | 0002| fiscal years 1998 and 1999. Unless otherwise indicated, any | 0003| unexpended or unencumbered balances remaining at the end of | 0004| fiscal year 1999 shall revert to the computer systems enhancement | 0005| fund or other funds as indicated. The department of finance and | 0006| administration shall allocate amounts from the funds for the | 0007| purposes specified upon receiving certification and supporting | 0008| documentation from the requesting agency that identifies benefits | 0009| that can be quantified and nonrecurring costs and recurring costs | 0010| for the development and implementation of the proposed system | 0011| and, for executive agencies, upon receiving certification from | 0012| the chief information officer that identifies compliance with the | 0013| information architecture and individual information and | 0014| communications systems plans. If the funds are to continue a | 0015| project, the documentation shall include certification that the | 0016| project is on schedule, all funds previously allocated have been | 0017| properly expended and additional funds are required. The | 0018| department of finance and administration shall provide a copy of | 0019| the certification and all supporting documentation to the | 0020| legislative finance committee: | 0021| A. three hundred seventy thousand dollars ($370,000) | 0022| is appropriated from the educational retirement fund to the | 0023| educational retirement board for a year 2000 compliant server, | 0024| software, hardware, data conversion and training; | 0025| B. four hundred forty-five thousand dollars | - 10 -0001| ($445,000) is appropriated from public defender cash balances to | 0002| the public defender for computer equipment, software purchase and | 0003| web page development; | 0004| C. two hundred fifty thousand dollars ($250,000) is | 0005| appropriated from the public employees retirement income fund to | 0006| the public employees retirement association for an investment | 0007| accounting system; | 0008| D. six hundred thousand dollars ($600,000) is | 0009| appropriated from cash balances in the regulation and licensing | 0010| department to the regulation and licensing department for a year | 0011| 2000 compliant boards and commission system; | 0012| E. fourteen thousand dollars ($14,000) is | 0013| appropriated from fee income and other revenue of the New Mexico | 0014| livestock board to the New Mexico livestock board for one server, | 0015| two work stations and database management software; | 0016| F. five hundred thousand dollars ($500,000) is | 0017| appropriated from the game protection fund to the department of | 0018| game and fish for a client server and computer equipment for | 0019| processing wildlife gaming license and citation information; | 0020| G. seventy-five thousand dollars ($75,000) is | 0021| appropriated to the energy, minerals and natural resources | 0022| department for upgrading to a year 2000 compliant financial | 0023| system; | 0024| H. seventy thousand dollars ($70,000) is appropriated | 0025| to the New Mexico public utility commission for year 2000 | - 11 -0001| compliant hardware and software; | 0002| I. three million dollars ($3,000,000) is appropriated | 0003| to the human services department for the child support | 0004| enforcement system; | 0005| J. five hundred forty-six thousand dollars ($546,000) | 0006| is appropriated from the employment security department fund and | 0007| two million dollars ($2,000,000) is appropriated from federal | 0008| revenue to the labor department for contractual services to | 0009| ensure mission critical systems are year 2000 compliant; | 0010| K. two million five hundred thousand dollars | 0011| ($2,500,000) is appropriated to the corrections department for | 0012| procurement of a year 2000 compliant criminal information | 0013| management system, financial management system modules, network | 0014| hardware and software and related information systems costs and | 0015| contractual services; and | 0016| L. four hundred thousand dollars ($400,000) is | 0017| appropriated to the state department of public education for a | 0018| year 2000 compliant comprehensive accountability system. | 0019| Section 6. ADDITIONAL FISCAL YEAR 1998 BUDGET ADJUSTMENT | 0020| AUTHORITY.--During fiscal year 1998, subject to review and | 0021| approval by the department of finance and administration, in | 0022| addition to the budget adjustment authority granted in Laws 1997, | 0023| Chapter 33, Section 10 and pursuant to Sections 6-3-23 through | 0024| 6-3-25 NMSA 1978: | 0025| A. the seventh judicial district attorney may request | - 12 -0001| that nineteen thousand seven hundred dollars ($19,700) be | 0002| transferred from the personal services category to the operating | 0003| costs category for expert witness fees; | 0004| B. the eighth judicial district attorney may request | 0005| that twenty-eight thousand two hundred dollars ($28,200) be | 0006| transferred from the personal services category to any other | 0007| category to cover projected shortfalls; | 0008| C. the taxation and revenue department may request | 0009| category transfers not to exceed two hundred forty thousand | 0010| dollars ($240,000) from the personal services category for | 0011| expenses related to the enhanced driver's license program and | 0012| telecommunications; | 0013| D. the local government division of the department of | 0014| finance and administration may request that forty thousand seven | 0015| hundred dollars ($40,700) be transferred from the personal | 0016| services category to the personal services category in the | 0017| administrative services division of the department of finance and | 0018| administration; | 0019| E. the general services department may request | 0020| division and category transfers necessary to carry out the | 0021| transfer of the printing office to the information systems | 0022| division; | 0023| F. the public defender department may request | 0024| transfers from the personal services category to the contractual | 0025| services category for contract attorney fees or to the operating | - 13 -0001| costs category for expert witness fees; | 0002| G. the New Mexico state fair may request transfers | 0003| from the personal services category to the other costs category | 0004| for retirement of debt; | 0005| H. the office of the state engineer may request | 0006| transfer of an amount not to exceed two hundred ten thousand | 0007| dollars ($210,000) from the personal services category to cover | 0008| projected deficits in other categories; | 0009| I. the New Mexico veterans' center of the department | 0010| of health may request transfers from the personal services | 0011| category to the contractual services category; | 0012| J. the southern New Mexico rehabilitation center of | 0013| the department of health may request transfers from the personal | 0014| services category to the contractual services category; | 0015| K. the Fort Bayard medical center of the department | 0016| of health may request transfers from the personal services | 0017| category to the contractual services category; | 0018| L. the public health division of the department of | 0019| health may request transfers from the personal services category | 0020| to the supplies and materials category or the other costs | 0021| category to purchase HIV-AIDS medication; | 0022| M. the long-term care and restorative services | 0023| division of the department of health may request transfers from | 0024| the personal services category to the contractual services | 0025| category in the medical fragile waiver to reduce the number of | - 14 -0001| individuals on the waiting list; | 0002| N. the department of health may request that three | 0003| hundred eighty thousand dollars ($380,000) be transferred from | 0004| the personal services category to other categories in the long- | 0005| term care and restorative services division to settle payment for | 0006| additional costs of treating outlier clients; seven hundred fifty | 0007| thousand dollars ($750,000) be transferred from the personal | 0008| services category to other categories in the long-term care and | 0009| restorative services division to resolve outstanding accounts | 0010| payable problems; and two hundred fifty thousand dollars | 0011| ($250,000) be transferred from the personal services category to | 0012| other categories in the long-term care and restorative services | 0013| division to cover "Jackson" case legal fees; | 0014| O. the New Mexico veterans' service commission may | 0015| request transfer of an amount not to exceed seventeen thousand | 0016| dollars ($17,000) from the personal services category to cover | 0017| projected deficits in other categories; | 0018| P. the children, youth and families department may | 0019| request transfers from the personal services category in amounts | 0020| not to exceed one million three hundred thousand dollars | 0021| ($1,300,000) for costs related to child care, foster care, | 0022| adoption and attendant care and for costs related to residents in | 0023| and maintenance of facilities under its control; | 0024| Q. the adult probation and parole division of the | 0025| corrections department may request that three hundred sixteen | - 15 -0001| thousand dollars ($316,000) be transferred from the personal | 0002| services category to other categories for additional costs | 0003| associated with housing parole violators in county detention | 0004| centers; | 0005| R. the adult institutions division of the corrections | 0006| department may request that one hundred fifty thousand dollars | 0007| ($150,000) be transferred from the personal services category to | 0008| other categories to cover projected deficits in the institutions; | 0009| S. the corrections department may request transfers | 0010| from the personal services category to the contractual services | 0011| category for the operations of the New Mexico women's | 0012| correctional facility. The corrections department is | 0013| specifically authorized to exceed the limit for payments to that | 0014| facility provided in the General Appropriation Act of 1997; | 0015| T. the department of public safety may request | 0016| category transfers from the personal services category in an | 0017| amount not to exceed four hundred thousand dollars ($400,000) for | 0018| costs associated with recruit school for additional state police | 0019| officers; and | 0020| U. the state highway and transportation department | 0021| may request thirty-eight million six hundred sixty thousand three | 0022| hundred dollars ($38,660,300) in federal funds and a matching | 0023| amount of four million seven hundred eighty-five thousand six | 0024| hundred dollars ($4,785,600) in state road fund cash balances to | 0025| increase the budget for the federal construction program. | - 16 -0001| Section 7. CERTAIN FISCAL YEAR 1999 BUDGET ADJUSTMENTS | 0002| AUTHORIZED.-- | 0003| A. As used in this section: | 0004| (1) "agency" means an office, department, | 0005| agency, institution, board, bureau, commission, court, district | 0006| attorney, council or committee of state government; | 0007| (2) "budget category" means an item or an | 0008| aggregation of related items that represents the object of an | 0009| appropriation. Budget categories include personal services, | 0010| employee benefits, travel, maintenance and repairs, supplies and | 0011| materials, contractual services, operating costs, other costs, | 0012| capital outlay, out-of-state travel and other financing uses; | 0013| (3) "budget increase" means an approved | 0014| increase in expenditures by an agency or division from a specific | 0015| source; | 0016| (4) "category transfer" means an approved | 0017| transfer of funds from one budget category to another budget | 0018| category, provided that a category transfer does not include a | 0019| transfer of funds between divisions; | 0020| (5) "division" means an organizational unit | 0021| within an agency that is the recipient of an appropriation; | 0022| (6) "division transfer" means an approved | 0023| transfer of funds from one division of an agency to another | 0024| division of that agency, provided that the annual cumulative | 0025| effect of division transfers shall not increase or decrease the | - 17 -0001| appropriation to any division by more than seven and one-half | 0002| percent; | 0003| (7) "expenditures" means costs, expenses, | 0004| encumbrances and other financing uses, other than refunds | 0005| authorized by law, recognized in accordance with generally | 0006| accepted accounting principles for the legally authorized budget | 0007| amounts and budget period; | 0008| (8) "federal funds" means any payments by the | 0009| United States government to state government or agencies except | 0010| those payments made in accordance with the federal Mineral Lands | 0011| Leasing Act; | 0012| (9) "interagency transfers" means revenue, | 0013| other than internal service funds, legally transferred from one | 0014| agency to another; | 0015| (10) "internal service funds" means: | 0016| (a) revenue transferred to an agency for | 0017| the financing of goods or services to another agency on a | 0018| cost-reimbursement basis; and | 0019| (b) unencumbered balances in agency | 0020| internal service fund accounts; | 0021| (11) "other state funds" means: | 0022| (a) unencumbered, nonreverting balances in | 0023| agency accounts, other than in internal service funds accounts; | 0024| (b) all revenue available to agencies from | 0025| sources other than the general fund, internal service funds, | - 18 -0001| interagency transfers and federal funds; and | 0002| (c) all revenue, the use of which is | 0003| restricted by statute or agreement; | 0004| (12) "program" means a set of activities | 0005| undertaken in accordance with a plan of action and organized to | 0006| realize clearly defined, measurable goals and objectives; | 0007| (13) "revenue" means all money received by an | 0008| agency from sources external to that agency, net of refunds and | 0009| other correcting transactions, other than from issue of debt, | 0010| liquidation of investments or as agent or trustee for other | 0011| governmental entities or private persons; | 0012| (14) "subprogram" means a more narrowly defined | 0013| part of a set of activities undertaken in accordance with a plan | 0014| of action and organized to realize clearly defined, measurable | 0015| goals and objectives; and | 0016| (15) "unforeseen federal funds" means a source | 0017| of federal funds or an increased amount of federal funds that | 0018| could not have been reasonably anticipated or known during the | 0019| second session of the forty-third legislature and, therefore, | 0020| could not have been requested by an agency or appropriated by the | 0021| legislature. | 0022| B. Pursuant to Sections 6-3-23 through 6-3-25 NMSA | 0023| 1978, the following agencies or divisions are specifically | 0024| authorized to request the specified budget adjustments during | 0025| fiscal year 1999: | - 19 -0001| (1) the legislative council service may request | 0002| category transfers; | 0003| (2) the legislative finance committee may | 0004| request category transfers; | 0005| (3) the senate chief clerk may request category | 0006| transfers; | 0007| (4) the house chief clerk may request category | 0008| transfers; | 0009| (5) the legislative education study committee | 0010| may request category transfers; | 0011| (6) the legislative maintenance department may | 0012| request category transfers; | 0013| (7) the legislature may request category | 0014| transfers; | 0015| (8) the supreme court law library may request | 0016| category transfers; | 0017| (9) the New Mexico compilation commission may | 0018| request category transfers; | 0019| (10) the judicial standards commission may | 0020| request category transfers; | 0021| (11) the court of appeals may request category | 0022| transfers; | 0023| (12) the supreme court may request category | 0024| transfers; | 0025| (13) the administrative office of the courts | - 20 -0001| may request budget increases from other state funds and internal | 0002| service funds/interagency transfers and may request category | 0003| transfers; | 0004| (14) the supreme court building commission may | 0005| request category transfers; | 0006| (15) the jury and witness fee fund may request | 0007| category transfers; | 0008| (16) each district court may request budget | 0009| increases from other state funds and internal service | 0010| funds/interagency transfers and may request category transfers; | 0011| (17) the Bernalillo county metropolitan court | 0012| may request budget increases from other state funds and may | 0013| request category transfers; | 0014| (18) each district attorney may request budget | 0015| increases from other state funds and internal service | 0016| funds/interagency transfers and may request category transfers; | 0017| (19) the administrative office of the district | 0018| attorneys may request category transfers; | 0019| (20) the attorney general may request transfers | 0020| from the travel, maintenance and repairs, supplies and materials, | 0021| contractual services, operating costs, other costs, capital | 0022| outlay, out-of-state travel or other financing uses category to | 0023| any other category; | 0024| (21) the state auditor may request category | 0025| transfers; | - 21 -0001| (22) the taxation and revenue department may | 0002| request transfers from the travel, maintenance and repairs, | 0003| supplies and materials, contractual services, operating costs, | 0004| other costs, capital outlay, out-of-state travel or other | 0005| financing uses category to any other category; | 0006| (23) the state investment council may request | 0007| budget increases from other state funds and internal service | 0008| funds/interagency transfers not to exceed two million dollars | 0009| ($2,000,000) for investment manager fees and custody fees and may | 0010| request transfers from the travel, maintenance and repairs, | 0011| supplies and materials, contractual services, operating costs, | 0012| other costs, capital outlay, out-of-state travel or other | 0013| financing uses category to any other category except that money | 0014| appropriated for investment manager fees in the contractual | 0015| services category shall not be transferred; | 0016| (24) the department of finance and | 0017| administration may request budget increases from internal service | 0018| funds/interagency transfers for the fiscal agent contract and may | 0019| request transfers from the travel, maintenance and repairs, | 0020| supplies and materials, contractual services, operating costs, | 0021| other costs, capital outlay, out-of-state travel or other | 0022| financing uses category to any other category; | 0023| (25) the public school insurance authority may | 0024| request category transfers; | 0025| (26) the retiree health care authority may | - 22 -0001| request category transfers; | 0002| (27) the general services department may | 0003| request transfers from the travel, maintenance and repairs, | 0004| supplies and materials, contractual services, operating costs, | 0005| other costs, capital outlay, out-of-state travel or other | 0006| financing uses category to any other category; | 0007| (28) the educational retirement board may | 0008| request budget increases not to exceed one million five hundred | 0009| thousand dollars ($1,500,000) for manager fees and custody fees | 0010| and may request category transfers, except that funds authorized | 0011| for investment manager fees within the contractual services | 0012| category of the administrative division and for custody services | 0013| within the other costs category of the administrative division | 0014| shall not be transferred; | 0015| (29) the criminal and juvenile justice | 0016| coordinating council may request category transfers; | 0017| (30) the public defender department may request | 0018| up to one million dollars ($1,000,000) in budget increases from | 0019| cash balances for operating expenses, contracts and automation | 0020| and may request transfers from the travel, maintenance and | 0021| repairs, supplies and materials, contractual services, operating | 0022| costs, other costs, capital outlay, out-of-state travel or other | 0023| financing uses category to any other category; | 0024| (31) the governor may request category | 0025| transfers; | - 23 -0001| (32) the office on information and | 0002| communication management may request category transfers; | 0003| (33) the lieutenant governor may request | 0004| category transfers; | 0005| (34) the public employees retirement | 0006| association may request other state funds not to exceed three | 0007| million five hundred thousand dollars ($3,500,000) for investment | 0008| manager fees and custody fees and may request transfers from the | 0009| travel, maintenance and repairs, supplies and materials, | 0010| contractual services, operating costs, other costs, capital | 0011| outlay, out-of-state travel or other financing uses category to | 0012| any other category, except that funds authorized for investment | 0013| manager fees within the contractual services category of the | 0014| administrative division and for custody services within the other | 0015| costs category of the administrative division shall not be | 0016| transferred; | 0017| (35) the maintenance division of the public | 0018| employees retirement association may request budget increases | 0019| from other state funds to meet the emergencies or unexpected | 0020| physical plant failures that might affect the health and safety | 0021| of workers; | 0022| (36) the state commission of public records may | 0023| request category transfers; | 0024| (37) the secretary of state may request | 0025| category transfers; | - 24 -0001| (38) the personnel board may request category | 0002| transfers; | 0003| (39) the public employee labor relations board | 0004| may request category transfers; | 0005| (40) the state treasurer may request category | 0006| transfers; | 0007| (41) the board of examiners for architects may | 0008| request category transfers; | 0009| (42) the border authority may request category | 0010| transfers; | 0011| (43) the tourism department may request | 0012| transfers from the travel, maintenance and repairs, supplies and | 0013| materials, contractual services, operating costs, other costs, | 0014| capital outlay, out-of-state travel or other financing uses | 0015| category to any other category; | 0016| (44) the economic development department may | 0017| request transfers from the travel, maintenance and repairs, | 0018| supplies and materials, contractual services, operating costs, | 0019| other costs, capital outlay, out-of-state travel or other | 0020| financing uses category to any other category; | 0021| (45) the regulation and licensing department | 0022| may request transfers from the travel, maintenance and repairs, | 0023| supplies and materials, contractual services, operating costs, | 0024| other costs, capital outlay, out-of-state travel or other | 0025| financing uses category to any other category; | - 25 -0001| (46) the twenty-seven boards and commissions | 0002| under the administration of the regulation and licensing | 0003| department, the real estate recovery fund, the barbers and | 0004| cosmetologists tuition recovery fund and the securities education | 0005| and training fund may request category transfers; | 0006| (47) the state corporation commission may | 0007| request transfers from the travel, maintenance and repairs, | 0008| supplies and materials, contractual services, operating costs, | 0009| other costs, capital outlay, out-of-state travel or other | 0010| financing uses category to any other category; | 0011| (48) the public regulation commission may | 0012| request category transfers; | 0013| (49) the New Mexico board of medical examiners | 0014| may request category transfers; | 0015| (50) the board of nursing may request category | 0016| transfers; | 0017| (51) the state fair commission may request | 0018| transfers from the travel, maintenance and repairs, supplies and | 0019| materials, contractual services, operating costs, other costs, | 0020| capital outlay, out-of-state travel or other financing uses | 0021| category to any other category; | 0022| (52) the state board of registration for | 0023| professional engineers and surveyors may request category | 0024| transfers; | 0025| (53) the state racing commission may request | - 26 -0001| category transfers; | 0002| (54) the New Mexico apple commission may | 0003| request category transfers; | 0004| (55) the board of veterinary medicine may | 0005| request category transfers; | 0006| (56) the bicycle racing commission may request | 0007| category transfers; | 0008| (57) the office of cultural affairs may request | 0009| budget increases from internal services funds/interagency | 0010| transfers for contract archaeology and may request transfers from | 0011| the travel, maintenance and repairs, supplies and materials, | 0012| contractual services, operating costs, other costs, capital | 0013| outlay, out-of-state travel or other financing uses category to | 0014| any other category; | 0015| (58) the New Mexico livestock board may request | 0016| category transfers; | 0017| (59) the department of game and fish may | 0018| request budget increases from internal services funds/interagency | 0019| transfers for emergencies and may request transfers from the | 0020| travel, maintenance and repairs, supplies and materials, | 0021| contractual services, operating costs, other costs, capital | 0022| outlay, out-of-state travel or other financing uses category to | 0023| any other category; | 0024| (60) the endangered species program may request | 0025| category transfers; | - 27 -0001| (61) the energy, minerals and natural resources | 0002| department may request transfers from the travel, maintenance and | 0003| repairs, supplies and materials, contractual services, operating | 0004| costs, other costs, capital outlay, out-of-state travel or other | 0005| financing uses category to any other category; | 0006| (62) the oil conservation division of the | 0007| energy, minerals and natural resources department may request | 0008| budget increases from the oil and gas reclamation fund to close | 0009| abandoned wells in the oil patch; | 0010| (63) the forestry division and the state parks | 0011| division of the energy, minerals and natural resources department | 0012| may request budget increases from the New Mexico youth | 0013| conservation corps fund for projects approved by the New Mexico | 0014| youth conservation corps commission; | 0015| (64) the commissioner of public lands may | 0016| request budget increases from other state funds and may request | 0017| transfers from the travel, maintenance and repairs, supplies and | 0018| materials, contractual services, operating costs, other costs, | 0019| capital outlay, out-of-state travel or other financing uses | 0020| category to any other category; | 0021| (65) the state engineer shall not request over | 0022| one million dollars ($1,000,000) in the aggregate in fiscal year | 0023| 1999 in budget increases from other state funds; | 0024| (66) the state engineer may request transfers | 0025| from the travel, maintenance and repairs, supplies and materials, | - 28 -0001| contractual services, operating costs, other costs, capital | 0002| outlay, out-of-state travel or other financing uses category to | 0003| any other category; | 0004| (67) the New Mexico public utility commission | 0005| may request category transfers; | 0006| (68) the organic commodity commission may | 0007| request category transfers; | 0008| (69) the commission on the status of women may | 0009| request budget increases from other state funds for statutorily | 0010| mandated recognition programs for women and may request category | 0011| transfers; | 0012| (70) the commission for deaf and hard-of- | 0013| hearing persons may request category transfers; | 0014| (71) the Martin Luther King, Jr. commission may | 0015| request category transfers; | 0016| (72) the commission for the blind may request | 0017| transfers from the travel, maintenance and repairs, supplies and | 0018| materials, contractual services, operating costs, other costs, | 0019| capital outlay, out-of-state travel or other financing uses | 0020| category to any other category; | 0021| (73) the New Mexico office of Indian affairs | 0022| may request category transfers; | 0023| (74) the state agency on aging may request | 0024| transfers from the travel, maintenance and repairs, supplies and | 0025| materials, contractual services, operating costs, other costs, | - 29 -0001| capital outlay, out-of-state travel or other financing uses | 0002| category to any other category; | 0003| (75) the human services department may request | 0004| transfers from the travel, maintenance and repairs, supplies and | 0005| materials, contractual services, operating costs, other costs, | 0006| capital outlay, out-of-state travel or other financing uses | 0007| category to any other category; | 0008| (76) the labor department may request transfers | 0009| from the travel, maintenance and repairs, supplies and materials, | 0010| contractual services, operating costs, other costs, capital | 0011| outlay, out-of-state travel or other financing uses category to | 0012| any other category; | 0013| (77) the workers' compensation administration | 0014| may request transfers from the travel, maintenance and repairs, | 0015| supplies and materials, contractual services, operating costs, | 0016| other costs, capital outlay, out-of-state travel or other | 0017| financing uses category to any other category; | 0018| (78) the division of vocational rehabilitation | 0019| of the state department of public education may request transfers | 0020| from the travel, maintenance and repairs, supplies and materials, | 0021| contractual services, operating costs, other costs, capital | 0022| outlay, out-of-state travel or other financing uses category to | 0023| any other category; | 0024| (79) the governor's committee on concerns of | 0025| the handicapped may request category transfers; | - 30 -0001| (80) the developmental disabilities planning | 0002| council may request category transfers; | 0003| (81) the miners' hospital of New Mexico may | 0004| request budget increases from other state funds to operate the | 0005| hospital and may request transfers from the travel, maintenance | 0006| and repairs, supplies and materials, contractual services, | 0007| operating costs, other costs, capital outlay, out-of-state travel | 0008| or other financing uses category to any other category; | 0009| (82) the department of health may request | 0010| budget increases from other state funds and internal service | 0011| funds/interagency transfers for facilities and institutions, | 0012| including laboratories; to maintain adequate services to clients; | 0013| to maintain the buildings and grounds of the former Los Lunas | 0014| medical center; and to fund investigations pursuant to the | 0015| Caregivers Screening Act. The department may request transfers | 0016| from the travel, maintenance and repairs, supplies and materials, | 0017| contractual services, operating costs, other costs, capital | 0018| outlay, out-of-state travel or other financing uses category to | 0019| any other category; | 0020| (83) the department of environment may request | 0021| budget increases from other state funds to budget responsible | 0022| party payments, from the corrective action fund to pay claims and | 0023| from the hazardous waste emergency fund to meet emergencies and | 0024| may request transfers from the travel, maintenance and repairs, | 0025| supplies and materials, contractual services, operating costs, | - 31 -0001| other costs, capital outlay, out-of-state travel or other | 0002| financing uses category to any other category; | 0003| (84) the office of the natural resources | 0004| trustee may request budget increases from other state funds for | 0005| court settlements to restore natural resource damage in | 0006| accordance with court orders and from internal service | 0007| funds/interagency transfers and may request category transfers; | 0008| (85) the New Mexico health policy commission | 0009| may request category transfers; | 0010| (86) the New Mexico veterans' service | 0011| commission may request category transfers; | 0012| (87) the children, youth and families | 0013| department may request transfers from the travel, maintenance and | 0014| repairs, supplies and materials, contractual services, operating | 0015| costs, other costs, capital outlay, out-of-state travel or other | 0016| financing uses category to any other category; | 0017| (88) the department of military affairs may | 0018| request transfers from the travel, supplies and materials, | 0019| contractual services, other costs, capital outlay, out-of-state | 0020| travel or other financing uses category to any other category; | 0021| (89) the crime stoppers commission may request | 0022| category transfers; | 0023| (90) the parole board may request category | 0024| transfers; | 0025| (91) the juvenile parole board may request | - 32 -0001| category transfers; | 0002| (92) the corrections department may request | 0003| transfers from the travel, maintenance and repairs, supplies and | 0004| materials, contractual services, operating costs, other costs, | 0005| capital outlay, out-of-state travel or other financing uses | 0006| category to any other category; | 0007| (93) the construction industries division of | 0008| the corrections department may request budget increases from | 0009| internal service funds/interagency transfers; | 0010| (94) the crime victims reparation commission | 0011| may request category transfers; | 0012| (95) the department of public safety may | 0013| request budget increases from other state funds for disaster | 0014| declarations and from internal service funds/interagency | 0015| transfers, excluding state forfeitures and forfeiture balances, | 0016| and may request transfers from the travel, maintenance and | 0017| repairs, supplies and materials, contractual services, operating | 0018| costs, other costs, capital outlay, out-of-state travel or other | 0019| financing uses category to any other category; | 0020| (96) the department of public safety may | 0021| request division transfers of up to one hundred eighteen thousand | 0022| dollars ($118,000) from any division to the special | 0023| investigations division for the operation of the crime stoppers | 0024| commission; | 0025| (97) upon the federal Intermodal Surface | - 33 -0001| Transportation Efficiency Act reauthorization, the state highway | 0002| and transportation department may request budget increases from | 0003| the unbudgeted revenue in the state road fund for the road | 0004| betterment division in an amount necessary to maximize the use of | 0005| federal funds; | 0006| (98) the road betterment division of the state | 0007| highway and transportation department may request transfers up to | 0008| ten percent of the other state funds appropriation from any | 0009| program or subprogram within the road betterment division to any | 0010| other program or subprogram within the road betterment division; | 0011| (99) except as allowed in Paragraph (97) of | 0012| this subsection, the state highway and transportation department | 0013| shall not request budget increases from the state road fund to | 0014| match federal funds except in the transportation programs | 0015| division and the transportation planning division; | 0016| (100) except as allowed in Paragraph (97) and | 0017| (99) of this subsection, the state highway and transportation | 0018| department shall not request budget increases except from the | 0019| local government road fund, beautification fund, aviation fund, | 0020| transportation fund and rubberized asphalt fund; | 0021| (101) the state highway and transportation | 0022| department may request transfers from the travel, maintenance and | 0023| repairs, supplies and materials, contractual services, operating | 0024| costs, other costs, capital outlay, out-of-state travel or other | 0025| financing uses category to any other category; | - 34 -0001| (102) the state department of public education | 0002| may request budget increases for the instructional materials | 0003| fund, the public school capital outlay fund and the public school | 0004| energy efficiency fund; | 0005| (103) the state department of public education | 0006| may request transfers from the travel, maintenance and repairs, | 0007| supplies and materials, contractual services, operating costs, | 0008| other costs, capital outlay, out-of-state travel or other | 0009| financing uses category to any other category; and | 0010| (104) the commission on higher education may | 0011| request category transfers. | 0012| C. The department of military affairs, the department | 0013| of public safety and the energy, minerals and natural resources | 0014| department may request budget increases as required by an | 0015| executive order declaring a disaster or emergency. | 0016| D. Pursuant to Sections 6-3-23 through 6-3-25 NMSA | 0017| 1978, agencies whose revenue from unforeseen federal funds, from | 0018| state board of finance loans, from revenue appropriated by other | 0019| acts of the legislature, or from gifts, grants, donations, | 0020| bequests, insurance settlements, refunds, or payments into | 0021| revolving funds exceed specifically appropriated amounts may | 0022| request budget increases from the state budget division. If | 0023| approved by the state budget division, such money is | 0024| appropriated. In approving a budget increase from unforeseen | 0025| federal funds, the director of the state budget division shall | - 35 -0001| advise the legislative finance committee as to the source of the | 0002| federal funds and the source and amount of any matching funds | 0003| required. | 0004| E. To foster efficiency, effectiveness and | 0005| accountability of state government, the legislative finance | 0006| committee shall study budget adjustment procedures, use of | 0007| authority, reporting, constitutional matters, statutory authority | 0008| and other issues related to budget adjustments during the 1998 | 0009| interim and report its findings and recommendations to the first | 0010| session of the forty-fourth legislature. | 0011| |