46th legislature - STATE OF NEW MEXICO - first session, 2003

MAKING GENERAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES BY STATE AGENCIES AND DISTRIBUTIONS FOR PUBLIC 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 "Supplemental General Appropriation Act of 2003".

Section 2. DEFINITIONS.--As used in the Supplemental General Appropriation Act of 2003:

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 and the appropriation contingency fund;

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 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 Supplemental General Appropriation Act of 2003;

G. "other state funds" means:

(1) unencumbered, nonreverting balances in agency accounts, other than in internal service fund accounts, appropriated by the Supplemental General Appropriation Act of 2003;

(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. For fiscal year 2004, appropriations are made as set out in Section 4 of the Supplemental General Appropriation Act of 2003 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 2004 shall revert to the general fund by October 1, 2004, unless otherwise indicated in the Supplemental General Appropriation Act of 2003 or otherwise provided by law.

C. 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.

D. Except as otherwise specifically stated in the Supplemental General Appropriation Act of 2003, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2004. If any other act of the first session of the forty-sixth 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 Supplemental General Appropriation Act of 2003 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.

E. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, the state budget division may approve budget increases for fiscal year 2004 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 exceeds specifically appropriated amounts. Such money is appropriated. In approving a budget 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.

F. The state budget division may approve increases in budgets for state agencies whose revenue from other state funds, internal service funds and operating transfers exceeds amounts specified in the Supplemental General Appropriation Act of 2003. Such other state funds, internal service funds and operating transfers are hereby appropriated.

G. When approving operating budgets based on appropriations in the Supplemental General Appropriation Act of 2003, 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 may approve transfers of funds from one budget category to another budget category and from one division of an agency to another division/program of that agency, when approved operating budgets are established to include category and division/program levels.

H. Laws 2002 (1st E.S.), Chapter 4, Section 4 is repealed effective July 1, 2003.

Section 4. FISCAL YEAR 2004 APPROPRIATIONS.--

A. LEGISLATIVE.--Fourteen million two hundred eighty-five thousand five hundred dollars ($14,285,500) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2004.

B. JUDICIAL.--One hundred thirty-two million three hundred forty thousand six hundred dollars ($132,340,600) from the general fund, ten million one hundred eight thousand one hundred dollars ($10,108,100) from other revenue, six million six hundred ninety-nine thousand two hundred dollars ($6,699,200) from internal service funds/operating transfers, eight hundred seventy-six thousand three hundred dollars ($876,300) from fund balances and five million ninety-five thousand two hundred dollars ($5,095,200) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2004.

C. GENERAL CONTROL.--One hundred thirty-four million seven hundred sixty-six thousand seven hundred dollars ($134,766,700) from the general fund, four hundred thirty-eight million six hundred twenty-four thousand nine hundred dollars ($438,624,900) from other revenue, two hundred sixty-four million seven hundred six thousand one hundred dollars ($264,706,100) from internal service funds/operating transfers, forty-six million eight hundred one thousand one hundred dollars ($46,801,100) from fund balances and twenty-two million seven hundred eighty-eight thousand six hundred dollars ($22,788,600) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2004.

D. COMMERCE AND INDUSTRY.--Forty-five million one hundred eighty thousand three hundred dollars ($45,180,300) from the general fund, eight million two hundred sixty-six thousand two hundred dollars ($8,266,200) from other revenue, twenty-three million eight hundred seven thousand nine hundred dollars ($23,807,900) from internal service funds/operating transfers, thirteen million four hundred sixty-three thousand seven hundred dollars ($13,463,700) from fund balances and six hundred sixteen thousand three hundred dollars ($616,300) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2004.

E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.--Fifty-seven million four hundred twenty thousand nine hundred dollars ($57,420,900) from the general fund, thirty-eight million two hundred sixty-four thousand four hundred dollars ($38,264,400) from other revenue, thirty-nine million one hundred one thousand five hundred dollars ($39,101,500) from internal service funds/operating transfers, ten million three hundred thirty thousand nine hundred dollars ($10,330,900) in fund balances and twenty million two hundred twenty thousand seven hundred dollars ($20,220,700) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resource agencies in fiscal year 2004.

F. HEALTH AND HUMAN SERVICES.--Eight hundred ninety-eight million two hundred twenty-three thousand dollars ($898,223,000) from the general fund, one hundred nine million one hundred seven thousand six hundred dollars ($109,107,600) from other revenue, two hundred fourteen million three hundred ninety-one thousand two hundred dollars ($214,391,200) from internal service funds/operating transfers, thirteen million four hundred six thousand two hundred dollars ($13,406,200) from fund balances and two billion two hundred ninety-four million three hundred fifty thousand six hundred dollars ($2,294,350,600) from federal funds is appropriated to the department of finance and administration for allocation to health and human services agencies in fiscal year 2004.

G. PUBLIC SAFETY.--Two hundred seventy-seven million five hundred fifty-two thousand four hundred dollars ($277,552,400) from the general fund, twelve million two hundred sixty-three thousand eight hundred dollars ($12,263,800) from other revenue, seventeen million six hundred fifty-four thousand five hundred dollars ($17,654,500) from internal service funds/operating transfers, one million four hundred fifty-eight thousand six hundred dollars ($1,458,600) from fund balances and twenty-three million one hundred twenty thousand one hundred dollars ($23,120,100) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2004.

H. TRANSPORTATION.--Three hundred twenty-four million nine hundred sixty-nine thousand six hundred dollars ($324,969,600) from other revenue, seven million seven hundred seventy-seven thousand eight hundred dollars ($7,777,800) from fund balances and three hundred three million two hundred sixty-seven thousand seven hundred dollars ($303,267,700) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2004.

I. OTHER EDUCATION.--Nineteen million seventy-nine thousand nine hundred dollars ($19,079,900) from the general fund, sixteen million six hundred seventeen thousand two hundred dollars ($16,617,200) from other revenue, three million five hundred seven thousand five hundred dollars ($3,507,500) from internal service funds/operating transfers and twelve million nine hundred thirty-six thousand eight hundred dollars ($12,936,800) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2004.

J. HIGHER EDUCATION.--Six hundred six million two hundred seventy-two thousand eight hundred dollars ($606,272,800) from the general fund, eight hundred fifty-four million six hundred ten thousand nine hundred dollars ($854,610,900) from other revenue, fifty-two million nine hundred ninety-seven thousand four hundred dollars ($52,997,400) from internal service funds/operating transfers, six hundred nine thousand three hundred dollars ($609,300) from fund balances and four hundred thirty-four million eight hundred twenty-nine thousand three hundred dollars ($434,829,300) from federal funds is appropriated to the commission on higher education for expenditure or allocation to higher education agencies in fiscal year 2004.

K. PUBLIC SCHOOL SUPPORT.--One billion eight hundred thirty-one million one hundred sixty-five thousand six hundred dollars ($1,831,165,600) from the general fund is appropriated to the state department of public education for expenditure or allocation to public school districts in fiscal year 2004.

Section 5. SPECIAL APPROPRIATIONS.--Thirteen million nine hundred seventy-seven thousand dollars ($13,977,000) from the general fund and eight million six hundred thirty-nine thousand seven hundred dollars ($8,639,700) from other revenue is appropriated to the department of finance and administration for allocation to agencies in fiscal years 2003 and 2004. The appropriations may be expended in fiscal years 2003 and 2004. Unexpended or unencumbered balances of the appropriations remaining at the end of fiscal year 2004 shall revert to the appropriate fund.

Section 6. SUPPLEMENTAL AND DEFICIENCY APPROPRIATIONS.--Twenty-six million two hundred twenty-four thousand dollars ($26,224,000) from the general fund and seventy-three million nine hundred thirty-four thousand one hundred dollars ($73,934,100) from other revenue is appropriated to the department of finance and administration for allocation to agencies in fiscal year 2003 for fiscal year 2002 deficiencies. Thirty-three million nine hundred fifteen thousand dollars ($33,915,000) from the general fund and one hundred fifty-one million three hundred thirty-six thousand eight hundred dollars ($151,336,800) from other revenue is appropriated to the department of finance and administration for allocation to agencies in fiscal year 2003. Unexpended or unencumbered balances of the appropriations remaining at the end of fiscal year 2003 shall revert to the appropriate fund.

Section 7. COMPUTER SYSTEMS ENHANCEMENT FUND.--Twelve million seven hundred fifty thousand dollars ($12,750,000) from the general fund, two million five hundred thousand dollars ($2,500,000) from other revenue and eighteen million five hundred fifty-two thousand seven hundred dollars ($18,552,700) from federal funds is appropriated to the computer systems enhancement fund for expenditure in fiscal years 2003 and 2004. The department of finance and administration shall allocate amounts from the fund to state agencies for information technology purposes. The appropriations may be expended in fiscal years 2003 and 2004. Unexpended or unencumbered balances of the appropriations remaining at the end of fiscal year 2004 shall revert to the appropriate fund.

Section 8. ADDITIONAL FISCAL YEAR 2003 BUDGET ADJUSTMENT AUTHORITY.--During fiscal year 2003, subject to review and approval by the department of finance and administration, in addition to the budget adjustment authority granted in Laws 2002 (1st E.S.), Chapter 4, Section 9 and pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978:

A. all legislative, judicial and executive agencies may request category transfers;

B. all legislative, judicial and executive agencies may request program transfers; and

C. all legislative, judicial and executive agencies with revenues from sources other than the general fund may request increases from those sources.

Section 9. CERTAIN FISCAL YEAR 2004 BUDGET ADJUSTMENTS AUTHORIZED.--

A. As used in the Supplemental General Appropriation Act of 2003:

(1) "budget category" means an item or an aggregation of related items that represents the object of an appropriation. Appropriations are made in lump sum for fiscal year 2004;

(2) "budget increase" means an approved increase in expenditures by an agency from a specific source;

(3) "division/program transfer" means an approved transfer of funds from one division/program of an agency to another division/program of that agency, provided that the annual cumulative effect of division transfers shall not increase or decrease the appropriation to any division by more than seven and one-half percent; and

(4) "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 and except those payments made in accordance with the federal temporary assistance for needy families block grant and the federal Workforce Investment Act of 1998.

B. Budget adjustments are authorized pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978 for fiscal year 2004.

Section 10. GENERAL FUND OPERATING RESERVE--CONTINGENCY.--Five hundred thousand dollars ($500,000) is appropriated from the general fund operating reserve to the state board of finance emergency fund in fiscal year 2004 for unanticipated emergencies.

Section 11. TRANSFER AUTHORITY.--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 fund as of the end of fiscal year 2003 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, one hundred thirty million dollars ($130,000,000).

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.