HOUSE BILL 2
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Max Coll
AN ACT
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 "General Appropriation Act of 2004".
Section 2. DEFINITIONS.--As used in the General Appropriation Act of 2004:
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 General Appropriation Act of 2004;
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 2004;
(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 2005, appropriations are made as set out in Section 4 of the General Appropriation Act of 2004 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 2005 shall revert to the general fund by October 1, 2005, unless otherwise indicated in the General Appropriation Act of 2004 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 General Appropriation Act of 2004, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2005. If any other act of the second 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 General Appropriation Act of 2004 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 2005 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 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 revenues from other state funds, internal service funds and operating transfers exceed amounts specified in the General Appropriation Act of 2004. Such other state funds, internal service funds and operating transfers are hereby appropriated.
G. When approving operating budgets based on appropriations in the General Appropriation Act of 2004, 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 2003, Chapter 76, Section 4 is repealed effective July 1, 2004.
Section 4. FISCAL YEAR 2005 APPROPRIATIONS.--
A. LEGISLATIVE.--Fifteen million thirty thousand seven hundred dollars ($15,030,700) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2005.
B. JUDICIAL.--One hundred forty million one hundred ninety-one thousand seven hundred dollars ($140,191,700) from the general fund, twelve million ten thousand three hundred dollars ($12,010,300) from other revenue, ten million forty thousand six hundred dollars ($10,040,600) from internal service funds/operating transfers and four million three hundred thirty-four thousand four hundred dollars ($4,334,400) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2005.
C. GENERAL CONTROL.--One hundred forty-one million one hundred sixty-one thousand four hundred dollars ($141,161,400) from the general fund, five hundred thirty million four hundred fifty-seven thousand five hundred dollars ($530,457,500) from other revenue, two hundred eighty million five hundred fifty-five thousand five hundred dollars ($280,555,500) from internal service funds/operating transfers and twenty-two million nine hundred sixty-eight thousand eight hundred dollars ($22,968,800) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2005.
D. COMMERCE AND INDUSTRY.--Fifty-one million two hundred nine thousand nine hundred dollars ($51,209,900) from the general fund, twenty-two million one hundred forty-nine thousand one hundred dollars ($22,149,100) from other revenue, twenty-three million four hundred five thousand two hundred dollars ($23,405,200) from internal service funds/operating transfers and five hundred one thousand two hundred dollars ($501,200) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2005.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.--Sixty-one million two hundred seventy-seven thousand two hundred dollars ($61,277,200) from the general fund, forty-two million seven hundred eighty-six thousand eight hundred dollars ($42,786,800) from other revenue, forty-two million six hundred forty-five thousand one hundred dollars ($42,645,100) from internal service funds/operating transfers and twenty-three million three hundred thousand eight hundred dollars ($23,300,800) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resource agencies in fiscal year 2005.
F. HEALTH AND HUMAN SERVICES.--Nine hundred eighty million seven hundred twenty-eight thousand one hundred dollars ($980,728,100) from the general fund, one hundred thirty million thirty-one thousand dollars ($130,031,000) from other revenue, two hundred twenty-five million six hundred thirty-four thousand two hundred dollars ($225,634,200) from internal service funds/operating transfers and two billion seven hundred seventy-eight million one hundred five thousand two hundred dollars ($2,778,105,200) from federal funds is appropriated to the department of finance and administration for allocation to health and human services agencies in fiscal year 2005.
G. PUBLIC SAFETY.--Two hundred eighty-three million four hundred seventy-six thousand five hundred dollars ($283,476,500) from the general fund, sixteen million seven hundred ninety-four thousand nine hundred dollars ($16,794,900) from other revenue, fifteen million four hundred twenty-one thousand nine hundred dollars ($15,421,900) from internal service funds/operating transfers and twenty-four million five hundred eighty-six thousand two hundred dollars ($24,586,200) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2005.
H. TRANSPORTATION.--Three hundred ninety-eight million three hundred ninety-three thousand three hundred dollars ($398,393,300) from other revenue and three hundred two million one hundred eighty-nine thousand three hundred dollars ($302,189,300) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2005.
I. OTHER EDUCATION.--Twenty-three million four hundred thirty-nine thousand five hundred dollars ($23,439,500) from the general fund, five million four hundred fifty-three thousand dollars ($5,453,000) from other revenue, thirty-four million three hundred seventy thousand five hundred dollars ($34,370,500) from internal service funds/operating transfers and thirty-eight million nine hundred ninety-two thousand eight hundred dollars ($38,992,800) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2005.
J. HIGHER EDUCATION.--Six hundred fifty-five million six hundred fifty thousand three hundred dollars ($655,650,300) from the general fund, nine hundred one million nine hundred nineteen thousand one hundred dollars ($901,919,100) from other revenue, thirty-two million eight hundred sixteen thousand eight hundred dollars ($32,816,800) from internal service funds/operating transfers and four hundred seventy-eight million eighty-three thousand seven hundred dollars ($478,083,700) from federal funds is appropriated to the commission on higher education for expenditure or allocation to higher education agencies in fiscal year 2005.
K. PUBLIC SCHOOL SUPPORT.--One billion nine hundred thirty-five million nine hundred forty thousand nine hundred dollars ($1,935,940,900) from the general fund is appropriated to the state department of public education for expenditure or allocation to public school districts in fiscal year 2005.
Section 5. 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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