45th legislature - STATE OF NEW MEXICO - second session, 2002

MAKING GENERAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES BY STATE AGENCIES REQUIRED BY LAW.

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

Section 1. Laws 2001, Chapter 64, Section 3 is amended to read:

"Section 3. 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 4 and Section 5 of the General 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 General 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 General Appropriation Act of 2001 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 General 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 or the second 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 General 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.

[I.] 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, grants, donations, bequests, insurance settlements, refunds, or payments into revolving funds which 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.

[L.] I. To prevent unnecessary spending, expenditures from the General 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.

[M.] J. When approving operating budgets based on appropriations in the General 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.

K. The same appropriations for fiscal year 2002, with the same extensions and limitations, as are indicated in Sections 4, 5 and 11 and Items 5, 9, 29, 38, 43, 52, 53, 55, 56, 75, 76 and 97 of Section 6 of the General Appropriation Act of 2001 shall continue for fiscal year 2003 and every fiscal year subsequent to fiscal year 2003, unless otherwise provided by law."

Section 2. TRANSFER AUTHORITY.--

A. If revenues and transfers to the general fund, excluding transfers to the general fund operating reserve, appropriation contingency fund and public school state-support reserve, as of the end of fiscal year 2002, are not sufficient to meet appropriations, the governor, with state board of finance approval, may transfer at the end of that year the amount necessary to meet the year's obligations from the unencumbered balance remaining in the appropriation contingency fund in a total not to exceed eighty million dollars ($80,000,000).

B. If, during fiscal year 2002 or 2003, the amount needed for medicaid, other payments or support to which the payee or recipient is legally entitled under state or federal law is greater than the appropriations for those payments, the governor, with the approval of the state board of finance, may transfer up to fifty million dollars ($50,000,000) from the general fund operating reserve to the department of finance and administration for the purpose of distributing the amounts necessary to make the payments.

C. If the amount needed to maintain salaries and programs during fiscal year 2003, at the level funded for fiscal year 2002 by the General Appropriation Act of 2001; Laws 2001, Chapter 330; Laws 2001, Chapter 340; and Laws 2001, Chapter 344, Section 1 is greater than the appropriations made by Section 1 of this act, then the governor, with the approval of the state board of finance, may transfer up to seventy-four million dollars ($74,000,000) from the general fund operating reserve to meet the shortfall.