AN ACT

RELATING TO THE LEGISLATIVE BRANCH OF GOVERNMENT; APPROPRIATING FUNDS FOR THE EXPENSE OF THE FORTY-SIXTH LEGISLATURE, SECOND SESSION, 2004 AND FOR OTHER LEGISLATIVE EXPENSES, INCLUDING THE LEGISLATIVE COUNCIL SERVICE, THE LEGISLATIVE FINANCE COMMITTEE, THE LEGISLATIVE EDUCATION STUDY COMMITTEE, THE SENATE RULES COMMITTEE, THE HOUSE CHIEF CLERK'S OFFICE AND THE SENATE CHIEF CLERK'S OFFICE; DECLARING AN EMERGENCY.

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

Section 1. SESSION EXPENSES.--

A. There is appropriated from the general fund for the expense of the legislative department of the state of New Mexico for the second session of the forty-sixth legislature for per diem and mileage of its members, for salaries of employees and for other expenses of the legislature, four million one hundred fifteen thousand two hundred forty-four dollars ($4,115,244) or so much thereof as may be necessary for such purposes.

B. The expenditures referred to in Subsection A of this section are as follows:

(1) per diem for senators.......................................... $ 183,960;

(2) per diem for members of the house of

representatives.............................................................................................. $ 306,600;

(3) mileage traveled by members of the senate going to and returning from the seat of government by the usually traveled route, one round trip................................. $ 4,564;

(4) mileage traveled by members of the house of representatives going to and returning from the seat of government by the usually traveled route, one round trip..............................

......................................................................................................................... $ 7,200;

(5) salaries and employee benefits of senate employees $1,086,300;

(6) salaries and employee benefits of house of representatives employees $1,343,444;

(7) for expense of the senate not itemized above, two hundred seventy-nine thousand one hundred seventy-six dollars ($279,176). No part of this item may be transferred to salaries or employee benefits;

(8) for expense of the house of representatives not itemized above, two hundred ninety-nine thousand one hundred dollars ($299,100). No part of this item may be transferred to salaries or employee benefits; and

(9) for session expenses of the legislative council service, the joint billroom and mailroom and joint legislative switchboard, six hundred four thousand nine hundred dollars ($604,900) to be disbursed upon vouchers signed by the director of the legislative council service.

C. The expenditures for the senate shall be disbursed on vouchers signed by the chairman of the committees' committee and the chief clerk of the senate. The expenditures for the house of representatives shall be disbursed on vouchers signed by the speaker and chief clerk of the house. Following adjournment of the session, expenditures authorized pursuant to Paragraphs (1) through (8) of Subsection B of this section shall be disbursed upon vouchers signed by the director of the legislative council service.

D. Under the printing contracts entered into for the second session of the forty-sixth legislature, the chairman of the committees' committee of the senate, subject to the approval of the committee, and the speaker of the house of representatives are authorized and directed to provide for the printing of all bills, resolutions, joint resolutions, memorials and joint memorials introduced in the senate or house, the printing of the weekly bill locator and the printing of all necessary stationery required for use in the respective houses. They are further directed to provide for the purchase of all supplies necessary for use in the respective houses within the appropriation provided. The orders for printing, stationery and supplies shall be approved by the chairman of the committees' committee in the senate or by the speaker of the house.

Section 2. BILLS AND OTHER PRINTED MATERIALS.--

A. For the second session of the forty-sixth legislature, bills, resolutions, joint resolutions, memorials and joint memorials delivered to the printer shall be returned by the printer to the joint billroom within forty-two hours after they are ordered to be printed. The billroom personnel shall supply a complete file of bills, resolutions, joint resolutions, memorials, joint memorials and other printed distribution materials to the following:

(1) one copy to each member of the house of representatives and senate;

(2) one copy to each county clerk, district judge, radio or television station and newspaper and to the general library of each state-supported institution of higher learning; and

(3) upon written request, one copy to each state department, commission, board, institution or agency, each elected state official, each incorporated municipality, each district attorney, each ex-governor, each member of the New Mexico congressional delegation and each public school district in the state.

B. Any person not listed in Subsection A of this section may secure a complete file of the bills, resolutions, joint resolutions, memorials and joint memorials of the legislature by depositing with the legislative council service the amount of three hundred fifty dollars ($350), which deposit shall be paid to the state treasurer to the credit of the legislative expense fund. Additional single copies of items of legislation shall be sold for two dollars ($2.00) unless the director of the legislative council service shall, because of its length, assign a higher price not to exceed ten cents ($.10) per page. Copies of a daily bill locator, other than those copies furnished each member of the respective houses, shall be supplied by the legislative council service at a charge of one hundred fifteen dollars ($115) for the entire session.

Section 3. LEGISLATIVE COUNCIL SERVICE.--There is appropriated from the general fund to the legislative council service for fiscal year 2005 unless otherwise indicated, to be disbursed on vouchers signed by the director of the legislative council service, the following:

A. Personal Services &

Employee Benefits $ 3,127,000

Contractual Services 187,000

Other Costs 932,200

Total $ 4,246,200;

B. for travel expenses of legislators other than New Mexico legislative council members, on legislative council business, for committee travel, staff and other necessary expenses for other interim committees and for other necessary legislative expenses for fiscal year 2005, eight hundred eighty-six thousand dollars ($886,000); provided that the New Mexico legislative council may transfer amounts from the appropriation in this subsection, during the fiscal year for which appropriated, to any other legislative appropriation where they may be needed;

C. for pre-session expenditures and for necessary contracts, supplies and personnel for interim session preparation, three hundred fifty-two thousand three hundred dollars ($352,300); and

D. for a statewide legislative intern program, twenty-five thousand dollars ($25,000).

Section 4. LEGISLATIVE FINANCE COMMITTEE.--There is appropriated from the general fund to the legislative finance committee for fiscal year 2005, to be disbursed on vouchers signed by the chairman of the committee or his designated representative, the following:

Personal Services & Employee Benefits $ 2,846,700

Contractual Services 149,300

Other Costs 307,000

Total $ 3,303,000.

Section 5. LEGISLATIVE EDUCATION STUDY COMMITTEE.--

There is appropriated from the general fund to the legislative education study committee for fiscal year 2005, to be disbursed on vouchers signed by the chairman of the committee or his designated representative, the following:

Personal Services & Employee Benefits $ 781,900

Contractual Services 25,000

Other Costs 151,000

Total $ 957,900.

Section 6. SENATE RULES COMMITTEE.--There is appropriated from the general fund to the legislative council service for the interim duties of the senate rules committee, twenty-one thousand six hundred dollars ($21,600) for fiscal year 2005.

Section 7. HOUSE CHIEF CLERK.--There is appropriated from the general fund to the legislative council service for expenditure in fiscal year 2005 for the operation of the house chief clerk's office, to be disbursed on vouchers signed by the director of the legislative council service, the following:

Personal Services & Employee Benefits $ 810,600

Contractual Services 55,500

Other Costs 55,000

Total $ 921,100.

Section 8. SENATE CHIEF CLERK.--There is appropriated from the general fund to the legislative council service for expenditure in fiscal year 2005 for the operation of the senate chief clerk's office, to be disbursed on vouchers signed by the director of the legislative council service, the following:

Personal Services & Employee Benefits $ 799,850

Contractual Services 99,550

Other Costs 52,500

Total $ 951,900.

Section 9. LEGISLATIVE INFORMATION SYSTEM.--There is appropriated from the legislative cash balances to the legislative council service for the legislative information system four hundred sixty-six thousand eight hundred twenty dollars ($466,820) for expenditure during fiscal years 2004 and 2005.

Section 10. HOUSE CONCESSION RECEIPTS.--There is created the "capitol kitchen fund". The capitol kitchen fund shall consist of receipts from the sale of food, food services and related concessions by the house of representatives. Except as provided in this section, balances in the capitol kitchen fund shall not revert to any other fund. Money in the fund may be expended by the legislative council service for start-up costs, supplies and other costs necessary for the house of representatives to operate the concessions and, with the approval of the New Mexico legislative council, for incidental expenses of the legislature, including those of interim committees. All payments out of the fund shall be made on vouchers signed by the director of the legislative council service. No later than sixty days after final adjournment of each session of the legislature, the balance of the capitol kitchen fund in excess of seven thousand five hundred dollars ($7,500) shall be transferred to the state capitol maintenance fund. The effective date of the provisions of this section is July 1, 2004.

Section 11. CATEGORY TRANSFER.--Amounts set out in Sections 3, 4, 5, 7 and 8 of this act are provided for informational purposes only and may be freely transferred among categories.

Section 12. PERFORMANCE MEASURES.--Each legislative agency shall adhere to the performance measures specified in its strategic plan and shall make reports as required in that plan.

Section 13. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect immediately.

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