HOUSE BILL 2
47th legislature - STATE OF NEW MEXICO - second session, 2006
INTRODUCED BY
Henry 'Kiki' Saavedra
AN ACT
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. SHORT TITLE.--This act may be cited as the "General Appropriation Act of 2006".
Section 2. DEFINITIONS.--As used in the General Appropriation Act of 2006:
A. "agency" means an office, department, agency, institution, board, bureau, commission, court, district attorney, council or committee of state government;
B. "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;
C. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Lands Leasing Act receipts and those payments made in accordance with the federal block grant and the federal Workforce Investment Act, but excludes the general fund operating reserve, the appropriation contingency fund, the tax stabilization reserve and any other fund, reserve or account from which general appropriations are restricted by law;
D. "interagency transfers" means revenue, other than internal service funds, legally transferred from one agency to another;
E. "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) unreserved undesignated fund balances in agency internal service fund accounts appropriated by the General Appropriation Act of 2006;
F. "other state funds" means:
(1) unreserved undesignated balances in agency accounts, other than in internal service fund accounts, appropriated by the General Appropriation Act of 2006;
(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
G. "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 2007, appropriations are made as set out in Section 4 of the General Appropriation Act of 2006 from the general fund, internal service funds and interagency transfers or other state funds as indicated to state agencies named or for the purposes expressed, or so much thereof as may be necessary, within available revenue and unreserved undesignated fund balances.
B. Unreserved undesignated fund balances in agency accounts remaining at the end of fiscal year 2007 shall revert to the general fund by September 30, 2007, unless otherwise indicated in the General Appropriation Act of 2006 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 2006, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2007. If any other act of the second session of the forty-seventh 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 2006 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 increases in budgets for state agencies whose revenues from other state funds, internal service funds and interagency transfers exceed amounts specified in the General Appropriation Act of 2006. If approved by the state budget division, such increases in other state funds, internal service funds and interagency transfers are hereby appropriated.
F. For the purpose of administering the General Appropriation Act of 2006, the state of New Mexico shall follow the modified accrual basis of accounting for governmental funds in accordance with the manual of model accounting practices issued by the department of finance and administration.
G. When approving budgets based on appropriations in the General Appropriation Act of 2006, the state budget division is specifically authorized to approve budgets in accordance with generally accepted accounting principles.
H. When approving budgets based on appropriations in the General Appropriation Act of 2006, the state budget division is specifically authorized to approve budgets in accordance with generally accepted accounting principles and the authority to extend the availability period of an appropriation through the use of an encumbrance shall follow the modified accrual basis of accounting for governmental funds in accordance with the manual of model accounting practices issued by the department of finance and administration.
I. Notwithstanding the requirement in the General Appropriation Act of 2005 to follow the modified accrual basis of accounting for governmental funds, in the transition period of converting to the modified accrual basis, upon the review of the legislative finance committee, the department of finance and administration may extend the period for expending an appropriation made in the General Appropriation Act of 2005 beyond June 30, 2006 by approving a budget for all or a portion of the unexpended amount of that appropriation in fiscal year 2007 if the secretary of finance and administration finds that:
(1) there are likely to be unpaid costs and expenses covered by binding written obligations to third parties as of June 30, 2006; or
(2) the purpose of the appropriation will not be satisfied by the goods and services delivered as of June 30, 2006; there is no money appropriated for fiscal year 2007 to complete the purpose of the appropriation; and the state will suffer a pecuniary loss if the purpose of the appropriation is not satisfied.
J. Laws 2005, Chapter 33, Section 4 is repealed effective July 1, 2006.
Section 4. FISCAL YEAR 2007 APPROPRIATIONS.--
A. LEGISLATIVE.--Sixteen million five hundred twelve thousand dollars ($16,512,000) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2007.
B. JUDICIAL.--One hundred sixty-five million seven hundred fifty-four thousand five hundred dollars ($165,754,500) from the general fund, fourteen million eighty-three thousand four hundred dollars ($14,083,400) from other state funds, eight million seven hundred eighty-seven thousand nine hundred dollars ($8,787,900) from internal service funds/interagency transfers and four million eight hundred three thousand four hundred dollars ($4,803,400) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2007.
C. GENERAL CONTROL.--One hundred sixty-three million thirty-nine thousand seven hundred dollars ($163,039,700) from the general fund, five hundred ninety-eight million six hundred fifty-three thousand five hundred dollars ($598,653,500) from other state funds, four hundred five million eight hundred ninety-three thousand six hundred dollars ($405,893,600) from internal service funds/interagency transfers and eighteen million seven hundred ninety-nine thousand dollars ($18,799,000) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2007.
D. COMMERCE AND INDUSTRY.--Forty-nine million seven hundred ninety-eight thousand five hundred dollars ($49,798,500) from the general fund, thirty-four million eight hundred twenty-two thousand dollars ($34,822,000) from other state funds, twenty-five million four hundred eighty-one thousand four hundred dollars ($25,481,400) from internal service funds/interagency transfers and nine hundred thirty-six thousand four hundred dollars ($936,400) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2007.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.--Seventy-one million six hundred two thousand six hundred dollars ($71,602,600) from the general fund, fifty-five million four hundred ninety-four thousand two hundred dollars ($55,494,200) from other state funds, thirty-nine million four hundred eighty-three thousand dollars ($39,483,000) from internal service funds/interagency transfers and thirty-three million three hundred seventy-seven thousand dollars ($33,377,000) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resource agencies in fiscal year 2007.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--One billion two hundred six million one hundred ninety-three thousand five hundred dollars ($1,206,193,500) from the general fund, one hundred sixty-nine million one hundred one thousand eight hundred dollars ($169,101,800) from other state funds, two hundred ninety-seven million three hundred sixteen thousand three hundred dollars ($297,316,300) from internal service funds/interagency transfers and two billion nine hundred eleven million eight hundred twenty-three thousand eight hundred dollars ($2,911,823,800) from federal funds is appropriated to the department of finance and administration for allocation to health, hospitals and human services agencies in fiscal year 2007.
G. PUBLIC SAFETY.--Three hundred twenty-six million six hundred fifty-seven thousand two hundred dollars ($326,657,200) from the general fund, nineteen million three hundred six thousand four hundred dollars ($19,306,400) from other state funds, eighteen million two hundred nine thousand one hundred dollars ($18,209,100) from internal service funds/interagency transfers and fifty-three million one hundred seventy-six thousand eight hundred dollars ($53,176,800) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2007.
H. TRANSPORTATION.--Four hundred million eighty-five thousand five hundred dollars ($400,085,500) from other state funds, six hundred thousand hundred dollars ($600,000) from internal service funds/interagency transfers and three hundred ninety-one million one hundred eighty-eight thousand six hundred dollars ($391,188,600) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2007.
I. OTHER EDUCATION.--Forty-one million eleven thousand seven hundred dollars ($41,011,700) from the general fund, nine million one hundred fifty-seven thousand seven hundred dollars ($9,157,700) from other state funds, five million five hundred ninety-five thousand seven hundred dollars ($5,595,700) from internal service funds/interagency transfers and forty-one million three hundred seventy-eight thousand two hundred dollars ($41,378,200) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2007.
J. HIGHER EDUCATION.--Seven hundred forty-two million nine hundred sixty-one thousand five hundred dollars ($742,961,500) from the general fund, one billion five hundred seventy million three hundred ninety-eight thousand two hundred dollars ($1,570,398,200) from other state funds, thirty-eight million one hundred forty-seven thousand five hundred dollars ($38,147,500) from internal service funds/interagency transfers and four million nine hundred eighty-six thousand two hundred dollars ($4,986,200) from federal funds is appropriated to the higher education department for expenditure or allocation to higher education agencies in fiscal year 2007.
K. PUBLIC SCHOOL SUPPORT.--Two billion two hundred eighty-two million nine hundred forty-one thousand nine hundred dollars ($2,282,941,900) from the general fund, eight hundred fifty thousand dollars ($850,000) from other state funds, and three hundred sixty-eight million three hundred twenty-three thousand five hundred dollars ($368,323,500) from federal funds is appropriated to the public education department for expenditure or allocation to public school districts in fiscal year 2007.
Section 5. TRANSFER AUTHORITY.--If revenue and transfers to the general fund as of the end of fiscal year 2006 are not sufficient to meet appropriations, the governor, with the state board of finance approval, may transfer at the end of that year the amount necessary to meet the year's obligations from the unexpended balance remaining in the general fund operating reserve in a total not to exceed two hundred seventy-five million dollars ($275,000,000).
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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