HB0005

HOUSE BILL 5

45th legislature - STATE OF NEW MEXICO - first session, 2001

INTRODUCED BY

Leo C. Watchman Jr.

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 2001".

Section 2. DEFINITIONS.--As used in the Court Appropriation Act of 2001:

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 eighty hours worked in fiscal year 2002. 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 and the appropriation contingency fund;

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 2001;

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 2001;

(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. "unforeseen 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-fifth 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 2001 with respect to symbols used, column headings and amounts stated are those used in the General Appropriation Act of 2001.

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 2001, or so much as may be necessary, are appropriated from the indicated source for expenditure in fiscal year 2002 for the objects expressed.

D. 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 Court Appropriation Act of 2001 or otherwise provided by law.

E. Unencumbered balances in agency accounts remaining at the end of fiscal year 2002 shall revert to the general fund by October 1, 2002, unless otherwise indicated in the Court Appropriation Act of 2001 or otherwise provided by law.

F. The state budget division of the department of finance and administration shall monitor revenue received by agencies from sources other than the general fund and shall reduce the operating budget of any agency whose revenue from such sources is not meeting projections. The state budget division shall notify the legislative finance committee of any operating budget reduced pursuant to this subsection.

G. Except as otherwise specifically stated in the Court Appropriation Act of 2001, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2002. If any other act of the first session of the forty-fifth legislature changes existing law with regard to the name or responsibilities of an agency or the name or purpose of a fund or distribution, the appropriation made in the Court Appropriation Act of 2001 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 unforeseen 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 unforeseen 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 2002, 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 2001 or another act of the first session of the forty-fifth 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 2001 may be expended for payment of credit card invoices.

K. To prevent unnecessary spending, expenditures from the Court Appropriation Act of 2001 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 2001, 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 2000 (2nd S.S.), Chapter 5, Sections 4 and 5 are repealed effective July 1, 2001.

Section 5. FISCAL YEAR 2002 APPROPRIATIONS.--

SUPREME COURT LAW LIBRARY:

(a) Personal services and

employee benefits 497.8 497.8

(b) Contractual services 317.6 317.6

(d) Other 534.4 534.4

Authorized FTE: 9.00 Permanent

Subtotal [ 1,350.0] 1,350.0

NEW MEXICO COMPILATION COMMISSION:

(a) Personal services and

employee benefits 157.1 157.1

(b) Contractual services 834.9 40.0 874.9

(d) Other 140.9 30.0 170.9

Authorized FTE: 3.00 Permanent

Subtotal [ 1,133.0] [ 70.0] 1,203.0

JUDICIAL STANDARDS COMMISSION:

(a) Personal services and

employee benefits 241.0 241.0

(b) Contractual services 21.9 21.9

(d) Other 90.2 90.2

Authorized FTE: 4.00 Permanent

Subtotal [ 354.1] 354.1

COURT OF APPEALS:

(a) Personal services and

employee benefits 3,582.1 3,582.1

(b) Contractual services 20.0 20.0

(d) Other 343.0 343.0

Authorized FTE: 57.00 Permanent

Subtotal [ 3,946.2] 3,946.2

SUPREME COURT:

(a) Personal services and

employee benefits 1,745.4 1,745.4

(b) Contractual services 98.4 98.4

(d) Other 182.9 182.9

Authorized FTE: 28.00 Permanent

Subtotal [ 2,027.3] 2,027.3

ADMINISTRATIVE OFFICE OF THE COURTS:

(1) Administrative support program:

(a) Personal services and

employee benefits 1,690.2 1,690.2

(b) Contractual services 3,298.5 5.2 3,303.7

(d) Other 3,280.1 644.8 3,924.9

Authorized FTE: 28.00 Permanent; 1.00 Term

(2) Statewide judiciary automation program:

(a) Personal services and

employee benefits 1,145.9 1,207.5 2,353.4

(b) Contractual services 217.5 217.5

Authorized FTE: 35.50 Permanent; 2.00 Term

(3) Warrant enforcement program:

(a) Personal services and

employee benefits 1,104.8 1,104.8

(b) Contractual services 652.0 652.0

(d) Other 227.0 227.0

Authorized FTE: 37.00 Term

(4) Magistrate court program:

(a) Personal services and

employee benefits 10,093.3 350.0 10,443.3

(b) Contractual services 50.0 50.0

(d) Other 3,648.0 3,648.0

Authorized FTE: 233.5 Permanent

Subtotal [ 24,174.2] [ 7,529.7] 31,703.9

SUPREME COURT BUILDING COMMISSION:

(a) Personal services and

employee benefits 374.3 374.3 (b) Contractual services 70.8 70.8

(d) Other 193.6 193.6

Authorized FTE: 12.00 Permanent

Subtotal [ 639.0] 639.0

DISTRICT COURTS:

(1) First judicial district:

(a) Personal services and

employee benefits 3,269.2 179.4 148.6 3,597.2

(b) Contractual services 135.1 48.0 .3 183.4

(d) Other 274.9 58.8 9.1 342.8

Authorized FTE: 61.50 Permanent; 5.50 Term

(2) Second judicial district:

(a) Personal services and

employee benefits 12,836.7 544.3 428.7 13,809.7

(b) Contractual services 239.2 65.5 2.9 307.6

(d) Other 1,281.3 167.3 51.6 1,500.2

Authorized FTE: 264.50 Permanent; 16.00 Term

(3) Third judicial district:

(a) Personal services and

employee benefits 2,201.9 33.9 122.2 2,358.0

(b) Contractual services 577.7 28.5 8.1 614.3

Authorized FTE: 42.50 Permanent; 3.00 Term

(4) Fourth judicial district:

(a) Personal services and

employee benefits 880.8 880.8

(b) Contractual services 3.0 3.0

(d) Other 104.2 104.2

Authorized FTE: 19.00 Permanent

(5) Fifth judicial district:

(a) Personal services and

employee benefits 2,997.3 2,997.3

(b) Contractual services 183.0 57.0 240.0

(d) Other 350.7 3.0 353.7

Authorized FTE: 61.50 Permanent

(6) Sixth judicial district:

(a) Personal services and

employee benefits 999.2 26.5 1,025.7

(b) Contractual services 162.2 96.0 258.2

(d) Other 151.3 14.7 166.0 Authorized FTE: 20.00 Permanent; 1.0 Term

(7) Seventh judicial district:

(a) Personal services and

employee benefits 1,125.1 1,125.1

(b) Contractual services 57.8 8.0 65.8

(d) Other 137.6 137.6

Authorized FTE: 22.50 Permanent

(8) Eighth judicial district:

(a) Personal services and

employee benefits 1,046.3 1,046.3

(b) Contractual services 166.7 30.0 196.7

(d) Other 141.9 141.9

Authorized FTE: 19.50 Permanent

(9) Ninth judicial district:

(a) Personal services and

employee benefits 1,232.4 118.5 1,350.9

(b) Contractual services 171.4 23.5 3.5 198.4

(d) Other 222.9 1.5 8.0 232.4

Authorized FTE: 23.50 Permanent; 2.00 Term

(10) Tenth judicial district:

(a) Personal services and

employee benefits 458.7 458.7

(b) Contractual services 7.6 7.6

(d) Other 71.5 71.5

Authorized FTE: 9.10 Permanent

(11) Eleventh judicial district:

(a) Personal services and

employee benefits 2,288.1 2,288.1

(b) Contractual services 194.5 60.5 20.9 275.9

(d) Other 349.8 .5 .6 350.9

Authorized FTE: 48.50 Permanent

(12) Twelfth judicial district:

(a) Personal services and

employee benefits 1,383.9 80.2 1,464.1

(b) Contractual services 24.7 26.5 132.5 183.7

(d) Other 164.6 13.0 36.6 214.2

Authorized FTE: 27.50 Permanent; 2.00 Term

(13) Thirteenth judicial district:

(a) Personal services and

employee benefits 2,036.1 2,036.1

(b) Contractual services 38.0 51.0 59.3 148.3

Authorized FTE: 43.00 Permanent

Subtotal [ 38,531.4] [ 1,423.6] [ 1,165.0] [218.0] 41,338.0

BERNALILLO COUNTY METROPOLITAN COURT:

(a) Personal services and

employee benefits 10,103.2 1,380.7 11,483.9

(b) Contractual services 1,093.4 422.0 1,515.4

(d) Other 1,909.1 201.1 2,110.2

Authorized FTE: 225.00 Permanent; 41.00 Term; 1.50 Temporary

Subtotal [ 13,110.2] [ 2,003.8] 15,114.0

GRAND TOTAL FISCAL YEAR 2002

COURT APPROPRIATIONS 84,132.4 12,090.1 1,235.0 218.0 97,675.5

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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