HOUSE BILL 2
48th legislature - STATE OF NEW MEXICO - first session, 2007
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 2007".
Section 2. DEFINITIONS.--As used in the General Appropriation Act of 2007:
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 2007;
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 2007;
(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 2008, appropriations are made as set out in Section 4 of the General Appropriation Act of 2007 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 2008 shall revert to the general fund by September 30, 2008, unless otherwise indicated in the General Appropriation Act of 2007 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 2007, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2008. If any other act of the first session of the forty-eighth 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 2007 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 2007. 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 2007, the state 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 2007, 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.
H. Laws 2006, Chapter 109, Section 4 is repealed effective July 1, 2007.
Section 4. FISCAL YEAR 2008 APPROPRIATIONS.--
A. LEGISLATIVE.--Seventeen million nine hundred thirty-five thousand nine hundred dollars ($17,935,900) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2008.
B. JUDICIAL.--One hundred ninety-one million four hundred twenty-one thousand two hundred dollars ($191,421,200) from the general fund, sixteen million twenty-nine thousand dollars ($16,029,000) from other state funds and six million two hundred eighty-five thousand eight hundred dollars ($6,285,800) from internal service funds/interagency transfers is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2008.
C. GENERAL CONTROL.--One hundred eighty-eight million five hundred twenty-one thousand six hundred dollars ($188,521,600) from the general fund, three hundred thirty-seven million seven hundred ninety-two thousand eight hundred dollars ($337,792,800) from other state funds and eight hundred twenty-four million eight hundred sixty-three thousand three hundred dollars ($824,863,300) from internal service funds/interagency transfers is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2008.
D. COMMERCE AND INDUSTRY.--Fifty-six million nine hundred seventy-two thousand six hundred dollars ($56,972,600) from the general fund, forty-nine million nine hundred forty-five thousand three hundred dollars ($49,945,300) from other state funds and ten million seven hundred ninety-one thousand four hundred dollars ($10,791,400) from internal service funds/interagency transfers is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2008.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.--Eighty-five million seven hundred sixty-one thousand two hundred dollars ($85,761,200) from the general fund, fifty million eight hundred thirty-eight thousand seven hundred dollars ($50,838,700) from other state funds and forty-three million one hundred forty-eight thousand three hundred dollars ($43,148,300) from internal service funds/interagency transfers is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resource agencies in fiscal year 2008.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--One billion three hundred ninety-seven million seven hundred ninety-four thousand four hundred dollars ($1,397,794,400) from the general fund, two hundred nineteen million seven hundred ten thousand six hundred dollars ($219,710,600) from other state funds and two hundred ninety million seventy-one thousand eight hundred dollars ($290,071,800) from internal service funds/interagency transfers is appropriated to the department of finance and administration for allocation to health, hospitals and human services agencies in fiscal year 2008.
G. PUBLIC SAFETY.--Three hundred sixty-eight million seven hundred forty-eight thousand nine hundred dollars ($368,748,900) from the general fund, twenty-six million six hundred seventy-seven thousand nine hundred dollars ($26,677,900) from other state funds and thirteen million five hundred eighteen thousand six hundred dollars ($13,518,600) from internal service funds/interagency transfers is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2008.
H. TRANSPORTATION.--Four hundred twenty-six million one hundred thirty-one thousand nine hundred dollars ($426,131,900) from other state funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2008.
I. OTHER EDUCATION.--Sixty-five million thirty-seven thousand three hundred dollars ($65,037,300) from the general fund and twenty-one million one hundred fifty-three thousand two hundred dollars ($21,153,200) from other state funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2008.
J. HIGHER EDUCATION.--Eight hundred twenty-nine million nine hundred six thousand nine hundred dollars ($829,906,900) from the general fund, one billion sixty-eight million three hundred eighty-six thousand one hundred dollars ($1,068,386,100) from other state funds and forty million two hundred fifty thousand six hundred dollars ($40,250,600) from internal service funds/interagency transfers is appropriated to the higher education department for expenditure or allocation to higher education agencies in fiscal year 2008.
K. PUBLIC SCHOOL SUPPORT.--Two billion four hundred thirty-six million eight hundred twelve thousand eight hundred dollars ($2,436,812,800) from the general fund and seven hundred fifty thousand dollars ($750,000) from other state funds is appropriated to the public education department for expenditure or allocation to public school districts in fiscal year 2008.
Section 5. TRANSFER AUTHORITY.--If revenue and transfers to the general fund as of the end of fiscal year 2007 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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