SENATE BILL 153
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
John Arthur Smith
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 2008".
Section 2. DEFINITIONS.--As used in the General Appropriation Act of 2008:
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 federal block grants 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 2008;
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 2008;
(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 2009, appropriations are made as set out in Section 4 of the General Appropriation Act of 2008 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 2009 shall revert to the general fund by September 30, 2009, unless otherwise indicated in the General Appropriation Act of 2008 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 2008, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2009. If any other act of the second 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 2008 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 of the department of finance and administration 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 2008. 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 2008, 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 2008, the state budget division of the department of finance and administration 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 2007, Chapter 28, Section 4 is repealed effective July 1, 2008.
Section 4. FISCAL YEAR 2008 APPROPRIATIONS.--
A. LEGISLATIVE.--Eighteen million eight hundred eight thousand six hundred dollars ($18,808,600) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2009.
B. JUDICIAL.--Two hundred eleven million four hundred forty-one thousand one hundred dollars ($211,441,100) from the general fund, sixteen million one hundred sixty-three thousand four hundred dollars ($16,163,400) from other state funds, eight million three hundred thousand six hundred dollars ($8,300,600) from internal service funds/interagency transfers and two million six hundred ninety-six thousand nine hundred dollars ($2,696,900) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2009.
C. GENERAL CONTROL.--Two hundred three million sixty-six thousand seven hundred dollars ($203,066,700) from the general fund, one billion two hundred twenty-nine million nine hundred ninety-three thousand two hundred dollars ($1,229,993,200) from other state funds, fifty-one million one hundred thirty-five thousand eight hundred dollars ($51,135,800) from internal service funds/interagency transfers and seventeen million eight hundred seventy-eight thousand one hundred dollars ($17,878,100) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2009.
D. COMMERCE AND INDUSTRY.--Fifty-nine million seven hundred thirty-six thousand seven hundred dollars ($59,736,700) from the general fund, forty-seven million nine hundred fifty-nine thousand nine hundred dollars ($47,959,900) from other state funds, fourteen million seven hundred five thousand one hundred dollars ($14,705,100) from internal service funds/interagency transfers and seven hundred five thousand seven hundred dollars ($705,700) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2009.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.--Eighty-eight million eight hundred forty-five thousand two hundred dollars ($88,845,200) from the general fund, seventy-five million six hundred seventy-five thousand six hundred dollars ($75,675,600) from other state funds, sixteen million nine hundred fifty-one thousand eight hundred dollars ($16,951,800) from internal service funds/interagency transfers and thirty-four million six hundred seventeen thousand nine hundred dollars ($34,617,900) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resource agencies in fiscal year 2009.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--One billion five hundred thirty-six million five hundred thirteen thousand eight hundred dollars ($1,536,513,800) from the general fund, two hundred thirty-eight million six hundred fifty-eight thousand three hundred dollars ($238,658,300) from other state funds, three hundred eleven million seven hundred seventy-one thousand four hundred dollars ($311,771,400) from internal service funds/interagency transfers and three billion four hundred nineteen million one hundred eighty-four thousand four hundred dollars ($3,419,184,400) from federal funds is appropriated to the department of finance and administration for allocation to health, hospitals and human services agencies in fiscal year 2009.
G. PUBLIC SAFETY.--Four hundred ten million four hundred twenty-one thousand three hundred dollars ($410,421,300) from the general fund, twenty-eight million four hundred four thousand nine hundred dollars ($28,404,900) from other state funds, eight million seven hundred forty-four thousand eight hundred dollars ($8,744,800) from internal service funds/interagency transfers and sixty million two hundred ninety-five thousand four hundred dollars ($60,295,400) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2009.
H. TRANSPORTATION.--Four hundred forty-eight million six thousand eight hundred dollars ($448,006,800) from other state funds and three hundred fifty-eight million six hundred eighty-one thousand eight hundred dollars ($358,681,800) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2009.
I. OTHER EDUCATION.--Sixty-three million two hundred eighty-one thousand one hundred dollars ($63,281,100) from the general fund, seventeen million six hundred thirty-four thousand five hundred dollars ($17,634,500) from other state funds and fifty million three hundred seventy-four thousand four hundred dollars ($50,374,400) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2009.
J. HIGHER EDUCATION.--Eight hundred eighty-three million eight hundred twenty-five thousand two hundred dollars ($883,825,200) from the general fund, one billion two hundred sixty-one million five hundred fourteen thousand six hundred dollars ($1,261,514,600) from other state funds, thirty-nine million twenty-one thousand three hundred dollars ($39,021,300) from internal service funds/interagency transfers and five hundred forty-five million one hundred seventy-three thousand nine hundred dollars ($545,173,900) from federal funds is appropriated to the higher education department for expenditure or allocation to higher education agencies in fiscal year 2009.
K. PUBLIC SCHOOL SUPPORT.--Two billion five hundred sixty-one million two hundred ninety-seven thousand nine hundred dollars ($2,561,297,900) from the general fund, seven hundred fifty thousand dollars ($750,000) from other funds and four hundred thirty-eight million three hundred eighty-seven thousand dollars ($438,387,000) from federal funds is appropriated to the public education department for expenditure or allocation to public school districts in fiscal year 2009.
Section 5. TRANSFER AUTHORITY.--If revenue and transfers to the general fund as of the end of fiscal year 2008 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 one hundred million dollars ($100,000,000).
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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