44th legislature - STATE OF NEW MEXICO - second session, 2000

MAKING GENERAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES BY STATE AGENCIES AND DISTRIBUTIONS FOR PRIMARY AND SECONDARY EDUCATION REQUIRED BY LAW.

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

Section 1. SHORT TITLE.--This act may be cited as the "General Appropriation Act of 2000".

Section 2. DEFINITIONS.--As used in the General Appropriation Act of 2000:

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. "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;

E. "interagency transfers" means revenue, other than internal service funds, legally transferred from one agency to another;

F. "internal service funds" means:

(1) revenue transferred from 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 General Appropriation Act of 2000;

G. "other state funds" means:

(1) unencumbered, nonreverting balances in agency accounts, other than in internal service fund accounts, appropriated by the General Appropriation Act of 2000;

(2) all revenue available to agencies from sources other than the general fund, internal service funds, interagency transfers and federal funds; and

(3) all revenue, the use of which is restricted by statute or agreement; and

H. "revenue" means all money received by an agency from sources external to that agency, net of refunds and other correcting transactions, other than from issue of debt, liquidation of investments or as agent or trustee for other governmental entities or private persons.

Section 3. GENERAL PROVISIONS.--

A. Fiscal year 2001 appropriations are made as set out in Section 4 of the General Appropriation Act of 2000 from the general fund, internal service funds and operating transfers or other revenues as indicated to state agencies named or for the purposes expressed, or so much thereof as may be necessary, within available revenue and unencumbered balances.

B. 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 General Appropriation Act of 2000 or otherwise provided by law.

C. Unencumbered balances in agency accounts remaining at the end of fiscal year 2001 shall revert to the general fund by October 1, 2001, unless otherwise indicated in the General Appropriation Act of 2000 or otherwise provided by law.

D. The state budget division of the department of finance and administration shall monitor revenue received by agencies from sources other than the general fund and shall reduce the operating budget of any agency whose revenue from such sources is not meeting projections.

E. Except as otherwise specifically stated in the General Appropriation Act of 2000, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2001. If any other act of the second 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 General Appropriation Act of 2000 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. F. During fiscal year 2001, the department of finance and administration shall prepare and present quarterly revenue estimates to the legislative finance committee. If these revenue estimates indicate that revenue and transfers to the general fund, excluding transfers to the general fund operating reserve, the appropriation contingency fund or the state-support reserve fund, as of the end of fiscal year 2001 are not expected to meet appropriations from the general fund, then the department shall present a plan to the legislative finance committee.

G. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, the state budget division may approve budget increases, budget transfers between all categories and budget transfers between divisions for fiscal year 2001 for all agencies. For agencies whose revenue from 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, such money is appropriated. In approving budget adjustment requests that increase from 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.

H. The state budget division may approve increases in budgets for state agencies whose revenues from other state funds, internal service funds and operating transfers exceed amounts specified in the General Appropriation Act of 2000. Such other state funds, internal service funds and operating transfers are hereby appropriated.

I. When approving operating budgets based on appropriations in the General Appropriation Act of 2000, 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. The state budget division is authorized to approve transfers of funds from one budget category to another budget category and from one division of an agency to another division of that agency when approved operating budgets are established to include category and division levels.

J. Laws 1999 (1st S.S.), Chapter 3, Section 4 is repealed effective July 1, 2000.

Section 4. FISCAL YEAR 2001 APPROPRIATIONS.--

A. LEGISLATIVE--Eleven million nine hundred fifteen thousand four hundred dollars ($11,915,400) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2001.

B. JUDICIAL--One hundred eleven million nine hundred forty-two thousand eight hundred dollars ($111,942,800) from the general fund; twelve million eighty-seven thousand six hundred dollars ($12,087,600) from other revenue; three million four hundred forty-eight thousand dollars ($3,448,000) from internal service funds and operating transfers; two hundred twenty-one thousand four hundred dollars ($221,400) from fund balances; and nine hundred eighty-five thousand one hundred dollars ($985,100) from federal funds are appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2001.

C. GENERAL CONTROL--One hundred twenty-five million four hundred fifty-three thousand seven hundred dollars ($125,453,700) from the general fund; ninety million eleven thousand six hundred dollars ($90,011,600) from other revenue; four hundred million six hundred twenty-eight thousand seven hundred dollars ($400,628,700) from internal service funds and operating transfers; twenty-six million two hundred eighty-eight thousand nine hundred dollars ($26,288,900) from federal funds; and fifty-five million four hundred thirty-five thousand one hundred dollars ($55,435,100) from fund balances are appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2001.

D. COMMERCE AND INDUSTRY--Forty-three million four hundred fifty thousand four hundred dollars ($43,450,400) from the general fund; twenty-six million six hundred sixty-nine thousand seven hundred dollars ($26,669,700) from other revenue; thirteen million three hundred ninety-four thousand eight hundred dollars ($13,394,800) from internal service funds and operating transfers; three hundred ninety-three thousand four hundred dollars ($393,400) from federal funds; and one million three hundred ninety-seven thousand five hundred dollars ($1,397,500) from fund balances are appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2001.

E. AGRICULTURE, ENERGY AND NATURAL RESOURCES--Fifty-five million two hundred eleven thousand dollars ($55,211,000) from the general fund; thirty-three million nine hundred fifty-two thousand four hundred dollars ($33,952,400) from other revenue; thirty million nine hundred sixty thousand three hundred dollars ($30,960,300) from internal service funds and operating transfers; nineteen million seventy-seven thousand seven hundred dollars ($19,077,700) in federal funds; and fourteen million ninety-eight thousand dollars ($14,098,000) in fund balances are appropriated to the department of finance and administration for allocation to agriculture, energy and natural resource agencies in fiscal year 2001.

F. HEALTH AND HUMAN SERVICES--Six hundred sixty-seven million six hundred thousand dollars ($667,600,000) from the general fund; one hundred four million six hundred fifty-five thousand five hundred dollars ($104,655,500) from other revenue; one hundred eighty-four million eight hundred fifteen thousand six hundred dollars ($184,815,600) from internal service funds and operating transfers; one billion six hundred twenty-six million two hundred sixty thousand nine hundred dollars ($1,626,260,900) from federal funds; and eight million four thousand six hundred dollars ($8,004,600) from fund balances are appropriated to the department of finance and administration for allocation to health and human services agencies in fiscal year 2001.

G. PUBLIC SAFETY--Two hundred thirty-five million one hundred thirty thousand nine hundred dollars ($235,130,900) from the general fund; eleven million five hundred ninety-nine thousand five hundred dollars ($11,599,500) from other revenue; fourteen million nine hundred fifty-three thousand three hundred dollars ($14,953,300) from internal service funds and operating transfers; thirteen million six hundred eighty-five thousand five hundred dollars ($13,685,500) from federal funds; and two million two hundred thirty-two thousand nine hundred dollars ($2,232,900) from fund balances are appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2001.

H. TRANSPORTATION--Three hundred fifty-one million seven hundred thirty-five thousand dollars ($351,735,000) from other revenue; two hundred eighty-nine million two hundred sixty thousand one hundred dollars ($289,260,100) from federal funds; and nineteen million three hundred seventy-two thousand two hundred dollars ($19,372,200) from fund balances are appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2001.

I. OTHER EDUCATION--Twenty-two million one hundred thirty-three thousand nine hundred dollars ($22,133,900) from the general fund; sixteen million six hundred sixty-two thousand one hundred dollars ($16,662,100) from other revenue; two million five hundred forty-seven thousand six hundred dollars ($2,547,600) from internal service funds and operating transfers; seventeen million seventy thousand five hundred dollars ($17,070,500) in federal funds; and two million two hundred fifty-three thousand one hundred dollars ($2,253,100) in fund balances are appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2001.

J. HIGHER EDUCATION--Five hundred fifty-four million five thousand seven hundred dollars ($554,005,700) from the general fund; seven hundred fifty million fifty-five thousand eight hundred dollars ($750,055,800) from other revenue; two million six hundred fifty-one thousand one hundred dollars ($2,651,100) from internal service funds and operating transfers; three hundred thirty-eight million two hundred twenty-seven thousand three hundred dollars ($338,227,300) in federal funds; and thirteen million six hundred sixty-five thousand eight hundred dollars ($13,665,800) in fund balances are appropriated to the commission on higher education for expenditure or allocation to higher education agencies in fiscal year 2001.

K. PRIMARY AND SECONDARY EDUCATION--One billion five hundred ninety-three million thirty-four thousand dollars ($1,593,034,000) from the general fund is appropriated to the state department of public education for expenditure or allocation to public school districts in fiscal year 2001.

Section 5. SALARY INCREASES--MAKING APPROPRIATIONS.--

A. GENERAL FUND--Seven million five hundred thousand dollars ($7,500,000) is appropriated from the general fund to the department of finance and administration for expenditure in fiscal year 2001 for allocation to state agencies as authorized to provide salary increases to certain public employees and to implement certain salary studies approved by the personnel board. Any unexpended or unencumbered balances remaining at the end of fiscal year 2001 shall revert to the general fund.

B. OTHER STATE FUNDS--For those state employees whose salaries are referenced in or received as a result of nongeneral fund appropriations in the General Appropriation Act of 2000, the department of finance and administration shall authorize transfers from the appropriate fund to the appropriate agency of the amount required for salary increases equivalent to those provided for in Subsection A of this section, and such amounts are appropriated for expenditure in fiscal year 2001. Any unexpended or unencumbered balance remaining at the end of fiscal year 2001 shall revert to the appropriate fund.

Section 6. SPECIAL APPROPRIATIONS.--Seventeen million two hundred seventy-five thousand eight hundred dollars ($17,275,800) from the general fund; fourteen million eight hundred eighty-two thousand five hundred dollars ($14,882,500) from federal funds; and one million six hundred sixty-five thousand nine hundred dollars ($1,665,900) from fund balances are appropriated to the department of finance and administration for allocation to agencies in fiscal year 2000 and 2001. The appropriations may be expended in fiscal years 2000 and 2001. Unexpended or unencumbered balances of the appropriations remaining at the end of fiscal year 2001 shall revert to the appropriate fund.

Section 7. SUPPLEMENTAL AND DEFICIENCY APPROPRIATIONS.-- Twenty-one million five hundred twenty-nine thousand seven hundred dollars ($21,529,700) from the general fund; twenty-seven million seven hundred forty-eight thousand three hundred dollars ($27,748,300) from other revenue; thirty-eight million three hundred sixty-two thousand two hundred dollars ($38,362,200) from federal funds; and one hundred eighteen thousand seven hundred dollars ($118,700) from internal service funds and operating transfers are appropriated to the department of finance and administration for allocation to agencies in fiscal year 2000. Unexpended or unencumbered balances of the appropriations remaining at the end of fiscal year 2000 shall revert to the appropriate fund.

Section 8. COMPUTER SYSTEM ENHANCEMENT FUND.--Ten million eight hundred thirty thousand nine hundred dollars ($10,830,900) is appropriated from the general fund to the computer systems enhancement fund for expenditure in fiscal years 2000 and 2001. Ten million eight hundred thirty thousand nine hundred dollars ($10,830,900) from the computer systems enhancement fund; eleven million five hundred thousand dollars ($11,500,000) from other revenue; and two million seven hundred seventy thousand five hundred dollars ($2,770,500) from federal funds are appropriated to the department of finance and administration for allocation to agencies in fiscal years 2000 and 2001. The department of finance and administration shall allocate amounts from the funds to state agencies for information technology purposes. The appropriations may be expended in fiscal years 2000 and 2001. Unexpended or unencumbered balances of the appropriations remaining at the end of fiscal year 2001 shall revert to the appropriate fund.

Section 9. GENERAL FUND OPERATING RESERVE--CONTINGENCY.--One million dollars ($1,000,000) is appropriated from the general fund operating reserve to the state board of finance emergency fund in fiscal year 2001 for unanticipated emergencies approved by the state board of finance.

Section 10. APPROPRIATION--GENERAL FUND OPERATING RESERVE.--Three million dollars ($3,000,000) is appropriated from the general fund operating reserve to the appropriation contingency fund.

Section 11. TRANSFER AUTHORITY.--If revenues and transfers to the general fund, excluding transfers to the operating reserve fund, appropriation contingency fund and public school-support reserve fund, as of the end of fiscal year 2000 are not sufficient to meet appropriations, the governor, with state board of finance approval, may transfer the amount necessary to meet the year's obligations from the unencumbered balance remaining in the general fund operating reserve in a total not to exceed sixty million dollars ($60,000,000).

Section 12. 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.