SENATE BILL 5

44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO COURTS; MAKING APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Court Appropriation Act of 1999".

Section 2. DEFINITIONS.--As used in the Court Appropriation Act of 1999:

A. "agency" means an office, department, agency, institution, board, bureau, commission, court, district attorney, council or committee of state government;

B. "expenditures" means costs, expenses, encumbrances and other financing uses, other than refunds authorized by law, recognized in accordance with generally accepted accounting principles for the legally authorized budget amounts and budget period;

C. "federal funds" means any payments by the United States government to state government or agencies except those payments made in accordance with the federal Mineral Lands Leasing Act;

D. "full-time employee" or "FTE" means one or more authorized positions that together receive compensation for not more than two thousand ninety-six hours worked in fiscal year 2000. The calculation of hours worked includes compensated absences but does not include overtime, compensatory time or sick leave paid pursuant to Section 10-7-10 NMSA 1978;

E. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Lands Leasing Act receipts, but excludes the general fund operating reserve, the appropriation contingency fund and the risk reserve;

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) unencumbered balances in agency internal service fund accounts appropriated by the Court Appropriation Act of 1999;

H. "other state funds" means:

(1) unencumbered, nonreverting balances in state agency accounts, other than in internal service funds accounts, appropriated by the Court Appropriation Act of 1999;

(2) all revenue available to state 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. "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

J. "unforseen federal funds" means a source of federal funds or an increased amount of federal funds that could not have been reasonably anticipated or known during the first session of the forty-fourth legislature and, therefore, could not have been requested by an agency or appropriated by the legislature.

Section 3. FORMAT.--The general format of the appropriations set forth in the Court Appropriation Act of 1999 with respect to symbols used, column headings and amounts stated are those used in the General Appropriation Act of 1999.

Section 4. 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" indicate an intergovernmental transfer and do not represent a portion of total state government appropriations. All information designated as "Totals" or "Subtotals" are provided for information and are not appropriations.

C. Amounts set out in Section 5 of the Court Appropriation Act of 1999, or so much as may be necessary, are appropriated from the indicated source for expenditure in fiscal year 2000 for the objects expressed.

D. Unencumbered balances in agency accounts remaining at the end of fiscal year 1999 shall revert to the general fund by October 1, 1999, unless otherwise indicated in the Court Appropriation Act of 1999 or otherwise provided by law.

E. Unencumbered balances in agency accounts remaining at the end of fiscal year 2000 shall revert to the general fund by October 1, 2000, unless otherwise indicated in the Court Appropriation Act of 1999 or otherwise provided by law.

F. The state budget division 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 Court Appropriation Act of 1999, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2000. If any other act of the first session of the forty-fourth 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 Court Appropriation Act of 1999 shall be transferred from the agency, fund or distribution to which an appropriation has been made as required by existing law to the appropriate agency, fund or distribution provided by the new law.

H. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, agencies whose revenue from unforseen federal funds, from state board of finance loans, from revenue appropriated by other acts of the legislature, or from gifts, donations, bequests, insurance settlements, refunds or payments into revolving funds exceed specifically appropriated amounts may request budget increases from the state budget division. If approved by the state budget division such money is appropriated. In approving a budget increase from unforseen federal funds, the director of the state budget division shall advise the legislative finance committee as to the source of the federal funds and the source and amount of any matching funds required.

I. For fiscal year 2000, the number of permanent and term full-time equivalent positions specified for each agency shows the maximum number of employees intended by the legislature for that agency, unless another provision of the Court Appropriation Act of 1999 or another act of the first session of the forty-fourth legislature provides for additional employees.

J. Except for gasoline credit cards used solely for the operation of official vehicles and telephone credit cards used solely for official business, none of the appropriations contained in the Court Appropriation Act of 1999 may be expended for payment of credit card invoices.

K. To prevent unnecessary spending, expenditures from the Court Appropriation Act of 1999 for gasoline for state-owned vehicles at public gasoline service stations shall be made only for self-service gasoline; provided that a state agency head may provide exceptions from the requirement to accommodate disabled persons or for other reasons the public interest may require.

L. When approving operating budgets based on appropriations in the Court Appropriation Act of 1999, the state budget division is specifically authorized to approve only those budgets that are in accordance with generally accepted accounting principles for the purpose of properly classifying other financing sources and uses, including interfund, intrafund and interagency transfers.

M. Laws 1998, Chapter 117, Section 5 is repealed effective July 1, 1999.

Section 5. FISCAL YEAR 2000 APPROPRIATIONS.--

SUPREME COURT LAW LIBRARY:

(a) Personal services 304.4 304.4

(b) Employee benefits 94.9 94.9

(d) Maintenance and repairs 25.0 25.0

(e) Supplies and materials 8.3 8.3

(f) Contractual services 117.4 117.4

(g) Operating costs 289.9 289.9

(h) Capital outlay 179.2 179.2

(i) Out-of-state travel 1.6 1.6

Authorized FTE: 8.00 Permanent

Subtotal 1,022.4

NEW MEXICO COMPILATION COMMISSION:

(a) Personal services 109.1 109.1

(b) Employee benefits 37.2 37.2

(d) Maintenance and repairs 15.0 15.0

(e) Supplies and materials 18.0 18.0

(f) Contractual services 800.0 800.0

(g) Operating costs 103.5 103.5

(h) Capital outlay 20.0 20.0

Authorized FTE: 3.00 Permanent

Subtotal 1,116.0

JUDICIAL STANDARDS COMMISSION:

(a) Personal services 146.6 146.6

(b) Employee benefits 46.2 46.2

(d) Maintenance and repairs 1.3 1.3

(e) Supplies and materials 3.7 3.7

(f) Contractual services 14.3 14.3

(g) Operating costs 40.0 40.0

(h) Other costs .3 .3

(i) Other financing uses .1 .1

Authorized FTE: 3.00 Permanent

Subtotal 276.2

COURT OF APPEALS:

(a) Personal services 2,489.7 2,489.7

(b) Employee benefits 723.2 723.2

(d) Maintenance and repairs 25.5 25.5

(e) Supplies and materials 36.9 36.9

(f) Contractual services 25.8 25.8

(g) Operating costs 241.6 241.6

(h) Capital outlay 20.0 20.0

(i) Out-of-state travel 6.3 6.3

(j) Other financing uses 1.0 1.0

Authorized FTE: 55.00 Permanent

Subtotal 3,584.0

SUPREME COURT:

(a) Personal services 1,239.7 1,239.7

(b) Employee benefits 378.2 378.2

(d) Maintenance and repairs 17.4 17.4

(e) Supplies and materials 11.6 11.6

(f) Contractual services 96.4 96.4

(g) Operating costs 83.3 83.3

(h) Capital outlay 18.0 18.0

(i) Out-of-state travel 12.0 12.0

(j) Other financing uses .4 .4

Authorized FTE: 28.00 Permanent

Subtotal 1,863.2

ADMINISTRATIVE OFFICE OF THE COURTS:

(1) Administration:

(a) Personal services 1,002.2 1,002.2

(b) Employee benefits 340.9 340.9

(d) Maintenance and repairs 8.0 8.0

(e) Supplies and materials 20.0 20.0

(f) Contractual services 86.6 86.6

(g) Operating costs 134.4 134.4

(h) Capital outlay 5.0 5.0

(i) Out-of-state travel 7.0 7.0

(j) Other financing uses .5 .5

Authorized FTE: 26.00 Permanent

(2) Magistrate courts:

(a) Personal services 7,033.9 7,033.9

(b) Employee benefits 2,215.6 2,215.6

(d) Maintenance and repairs 15.0 15.0

(e) Supplies and materials 195.5 195.5

(f) Contractual services 42.5 42.5

(g) Operating costs 1,211.3 1,546.0 2,757.3

(h) Capital outlay 67.3 67.3

(i) Other financing uses 4.5 4.5

Authorized FTE: 229.50 Permanent

(3) Judicial information division:

(a) Personal services 921.0 921.0

(b) Employee benefits 295.9 295.9

Authorized FTE: 21.00 Permanent

(4) Supreme court automation fund:

(a) Personal services 456.8 456.8

(b) Employee benefits 157.1 157.1

(d) Maintenance and repairs 594.6 594.6

(e) Supplies and materials 104.3 104.3

(f) Contractual services 162.4 162.4

(g) Operating costs 844.5 844.5

(h) Capital outlay 588.7 588.7

(i) Out-of-state travel 42.0 42.0

(j) Other financing uses .3 .3

Authorized FTE: 12.50 Permanent

(5) Judges pro tempore: 40.0 40.0

Unexpended or unencumbered balances in the judges pro tempore appropriation remaining at the end of fiscal year 2000 shall not revert.

(6) Jury and witness fee fund:

(a) Operating costs 946.0 946.0

(b) Other costs 2,029.0 600.0 2,629.0

(7) Court appointed attorney fee fund: 2,049.9 2,049.9

(8) Municipal court automation fund:

(a) Personal services 48.2 48.2

(b) Employee benefits 15.0 15.0

(d) Supplies and materials 4.0 4.0

(e) Operating costs 6.8 6.8

(f) Other costs 770.0 770.0

(g) Out-of-state travel 8.0 8.0

Authorized FTE: 1.00 Term

(9) Magistrate court warrant enforcement fund:

(a) Personal services 544.1 544.1

(b) Employee benefits 185.2 185.2

(d) Maintenance and repairs .3 .3

(e) Supplies and materials 45.0 45.0

(f) Contractual services 50.0 50.0

(g) Operating costs 37.0 37.0

(h) Capital outlay 5.0 5.0

(i) Operating transfers out .6 .6

Authorized FTE: 26.00 Term

(10) Court appointed special advocate: 767.3 767.3

(11) Water rights litigation: 212.8 212.8

Subtotal 26,662.5

SUPREME COURT BUILDING COMMISSION:

(a) Personal services 242.4 242.4

(b) Employee benefits 104.3 104.3

(d) Maintenance and repairs 56.0 56.0

(e) Supplies and materials 2.3 2.3

(f) Contractual services 60.5 60.5

(g) Operating costs 93.5 93.5

(h) Capital outlay 3.0 3.0

(i) Other financing uses .2 .2

Authorized FTE: 12.00 Permanent

Subtotal 563.7

DISTRICT COURTS:

(1) First judicial district:

(a) Personal services 2,119.0 35.6 122.0 2,276.6

(b) Employee benefits 678.7 10.0 33.7 722.4

(d) Maintenance and repairs 14.2 1.0 1.0 16.2

(e) Supplies and materials 30.4 9.0 19.5 58.9

(f) Contractual services 125.2 45.5 25.5 196.2

(g) Operating costs 160.4 9.0 14.6 184.0

(h) Capital outlay 24.5 24.5

(i) Other financing uses 4.0 .5 4.5

Authorized FTE: 60.50 Permanent; 2.00 Term

Subtotal 3,501.7

(2) Second judicial district:

(a) Personal services 8,180.7 280.3 300.2 8,761.2

(b) Employee benefits 2,550.1 91.9 89.2 2,731.2

(d) Maintenance and repairs 100.9 6.3 .5 107.7

(e) Supplies and materials 286.2 19.9 7.5 313.6

(f) Contractual services 369.6 25.7 1.7 397.0

(g) Operating costs 420.0 66.5 18.2 504.7

(h) Other costs 102.0 102.0

(i) Capital outlay 161.1 17.4 20.1 198.6

(j) Out-of-state travel 17.2 4.8 2.2 24.2

(k) Other financing uses 4.7 4.7

Authorized FTE: 257.50 Permanent; 15.00 Term

Subtotal 13,172.2

(3) Third judicial district:

(a) Personal services 1,407.5 23.9 85.4 1,516.8

(b) Employee benefits 444.0 7.7 28.4 480.1

(d) Maintenance and repairs 10.3 .8 1.0 12.1

(e) Supplies and materials 26.5 4.0 4.1 34.6

(f) Contractual services 392.7 38.1 7.7 438.5

(g) Operating costs 69.8 11.9 8.3 90.0 (h) Capital outlay 27.2 7.9 .5 35.6

(i) Out-of-state travel .9 4.0 1.1 6.0

Authorized FTE: 41.00 Permanent; 4.00 Term

Subtotal 2,633.2

(4) Fourth judicial district:

(a) Personal services 569.6 569.6

(b) Employee benefits 181.4 181.4

(d) Maintenance and repairs 8.6 8.6

(e) Supplies and materials 10.2 10.2

(f) Contractual services 2.8 2.8

(g) Operating costs 29.6 29.6

(h) Capital outlay 24.1 24.1

(i) Other financing uses 27.8 27.8

Authorized FTE: 17.50 Permanent

Subtotal 858.6

(5) Fifth judicial district:

(a) Personal services 2,037.5 2,037.5

(b) Employee benefits 654.6 654.6

(d) Maintenance and repairs 27.8 27.8

(e) Supplies and materials 49.6 1.5 51.1

(f) Contractual services 204.4 57.0 261.4

(g) Operating costs 189.6 1.5 191.1

(h) Capital outlay 95.6 95.6

(i) Out-of-state travel 3.0 3.0

(j) Other financing uses 1.2 1.2

Authorized FTE: 60.00 Permanent

Subtotal 3,357.3

(6) Sixth judicial district:

(a) Personal services 535.8 535.8

(b) Employee benefits 183.5 183.5

(d) Maintenance and repairs 7.0 7.0

(e) Supplies and materials 11.9 11.9

(f) Contractual services 214.6 214.6

(g) Operating costs 71.1 71.1

(h) Capital outlay 53.3 53.3

(i) Out-of-state travel 4.0 4.0

(j) Other financing uses .3 .3

Authorized FTE: 16.00 Permanent

Subtotal 1,099.8

(7) Seventh judicial district:

(a) Personal services 701.1 701.1

(b) Employee benefits 234.9 234.9

(d) Maintenance and repairs 8.0 8.0

(e) Supplies and materials 21.7 21.7

(f) Contractual services 61.2 61.2

(g) Operating costs 71.5 71.5

(h) Capital outlay 28.9 28.9

(i) Out-of-state travel 3.0 3.0

(j) Other financing uses .4 .4

Authorized FTE: 21.50 Permanent

Subtotal 1,142.0

(8) Eighth judicial district:

(a) Personal services 627.1 627.1

(b) Employee benefits 212.1 212.1

(d) Maintenance and repairs 5.4 5.4

(e) Supplies and materials 14.0 14.0

(f) Contractual services 132.5 25.0 157.5

(g) Operating costs 62.3 62.3

(h) Capital outlay 28.0 28.0

(i) Other financing uses .4 .4

Authorized FTE: 18.00 Permanent

Subtotal 1,120.5

(9) Ninth judicial district:

(a) Personal services 793.2 84.5 877.7

(b) Employee benefits 273.5 28.9 302.4

(d) Maintenance and repairs 14.9 1.5 16.4

(e) Supplies and materials 22.3 1.5 2.5 26.3

(f) Contractual services 136.3 23.5 42.5 202.3

(g) Operating costs 47.6 8.6 56.2

(h) Other costs .5 .5

(i) Capital outlay 87.0 87.0

(j) Other financing uses .6 .6

Authorized FTE: 22.50 Permanent; 2.00 Term

Subtotal 1,585.9

(10) Tenth judicial district:

(a) Personal services 325.9 325.9

(b) Employee benefits 116.1 116.1

(d) Maintenance and repairs 6.8 6.8

(e) Supplies and materials 11.7 11.7

(f) Contractual services 5.6 5.6

(g) Operating costs 27.6 27.6

(h) Capital outlay 11.4 11.4

(i) Other financing uses 13.7 13.7

Authorized FTE: 9.14 Permanent

Subtotal 523.4

(11) Eleventh judicial district:

(a) Personal services 1,379.5 1,379.5

(b) Employee benefits 431.9 431.9

(d) Maintenance and repairs 15.6 .5 16.1

(e) Supplies and materials 55.5 .5 .3 56.3

(f) Contractual services 251.4 39.0 18.8 309.2

(g) Operating costs 140.9 1.4 142.3

(h) Capital outlay 54.0 54.0

(i) Out-of-state travel 6.6 6.6

(j) Other financing uses .7 .7

Authorized FTE: 41.00 Permanent; .50 Term

Subtotal 2,414.7

(12) Twelfth judicial district:

(a) Personal services 855.3 23.6 878.9

(b) Employee benefits 285.9 9.5 295.4

(d) Maintenance and repairs 8.8 8.8

(e) Supplies and materials 13.7 2.0 15.7

(f) Contractual services 93.1 26.5 119.6

(g) Operating costs 88.6 1.0 .1 89.7

(h) Capital outlay 22.0 22.0

(i) Other financing uses .5 .5

Authorized FTE: 24.50 Permanent; 1.00 Term

Subtotal 1,441.7

(13) Thirteenth judicial district:

(a) Personal services 1,303.5 1,303.5

(b) Employee benefits 443.1 443.1

(d) Maintenance and repairs 14.5 14.5

(e) Supplies and materials 47.3 4.0 51.3

(f) Contractual services 34.0 41.0 75.0

(g) Operating costs 112.9 112.9

(h) Capital outlay 72.5 72.5

(i) Out-of-state travel 16.7 16.7

(j) Other financing uses .8 .8

Authorized FTE: 40.00 Permanent

Subtotal 2,121.3

BERNALILLO COUNTY METROPOLITAN COURT:

(a) Personal services 6,256.6 851.4 7,108.0

(b) Employee benefits 2,025.8 276.3 2,302.1

(d) Maintenance and repairs 365.1 365.1

(e) Supplies and materials 298.9 54.8 353.7

(f) Contractual services 844.9 425.8 1,270.7

(g) Operating costs 746.0 82.6 828.6

(h) Capital outlay 238.4 44.9 283.3

(i) Out-of-state travel 14.4 14.4

(j) Other financing uses 4.4 4.4

Authorized FTE: 200.00 Permanent 36.500 Term; .50 Temporary

Subtotal 12,542.2

GRAND TOTAL FISCAL YEAR 2000

APPROPRIATIONS 70,804.5 10,175.0 1,603.6 19.4 82,602.5

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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