HOUSE BILL 37
49th legislature - STATE OF NEW MEXICO - first special session, 2009
INTRODUCED BY
Mimi Stewart
AN ACT
RELATING TO THE GENERAL APPROPRIATION ACT OF 2009; ENACTING NEW SECTIONS TO REDUCE CERTAIN GENERAL FUND APPROPRIATIONS FOR FISCAL YEAR 2010 AND TO MAKE APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the General Appropriation Act of 2009 is enacted to read:
"[NEW MATERIAL] APPROPRIATION REDUCTIONS.--The amounts set out under the general fund column in Section 4 of the General Appropriation Act of 2009 are reduced as follows rounded to the nearest one hundred dollars ($100):
A. in Subsection A, Legislative, legislative building services is reduced by four percent;
B. in Subsection B, Judicial, all judicial agencies, district courts and district attorneys and the administrative office of the district attorneys are reduced by two percent, except the court of appeals, the supreme court building commission and the second judicial district court are not reduced;
C. in Subsection C, General Control, all agencies funded by the general fund are reduced by four percent except for the following:
(1) the attorney general is reduced by two percent;
(2) the state auditor, the public defender department, the state treasurer, the state personnel office and the secretary of state are reduced by two percent;
(3) the department of finance and administration, except agency code 344, is reduced by four percent; and
(4) item (4) of the department of finance and administration dues and membership fees and special appropriations is reduced by one hundred percent;
D. in Subsection D, Commerce and Industry, all agencies funded by the general fund are reduced by four percent;
E. in Subsection E, Agriculture, Energy and Natural Resources, all agencies funded by the general fund are reduced by four percent, except the organic commodity commission is reduced by nine-tenths percent;
F. in Subsection F, Health, Hospitals and Human Services, all agencies funded by the general fund are reduced by four percent except for the following:
(1) the commission on the status of women is reduced by two and five-tenths percent;
(2) the Martin Luther King, Jr. commission is reduced by one and five-tenths percent;
(3) the aging and long-term services department is reduced by one and two-tenths percent;
(4) the commission for the blind, the vocational rehabilitation division of the public education department, the veterans' services department and the New Mexico health policy commission are not reduced;
(5) the developmental disabilities planning council is reduced by three and two-tenths percent;
(6) the children, youth and families department is reduced by two and five-tenths percent;
(7) the department of health is reduced as follows:
(a) all programs except the developmental disabilities support program are reduced by two and four-tenths percent; and
(b) the other financing uses category in the developmental disabilities support program is reduced by two million dollars ($2,000,000), which will be offset by two million dollars ($2,000,000) from federal funds of the human services department;
(8) the workforce solutions department is reduced by seventeen and six-tenths percent; and
(9) the human services department is reduced as follows:
(a) the behavioral health services program, the income support program, the child support enforcement program and program support are reduced by four percent; and
(b) the other category in the medical assistance program is reduced by fourteen million dollars ($14,000,000), which will be offset by twelve million dollars ($12,000,000) from federal funds; and
(10) the office of natural resources trustee is reduced by two and four-tenths percent;
G. in Subsection G, Public Safety, all agencies are reduced by four percent except for the following:
(1) the crime victims reparation commission, parole board and juvenile public safety advisory board are not reduced;
(2) the corrections department is reduced by three and two-tenths percent; and
(3) the department of public safety is reduced by three percent;
H. in Subsection I, Other Education the public education department, except for agency code 925, is reduced by three and eight-tenths percent;
I. in Subsection J, Higher Education, reductions are as follows:
(1) the higher education department is reduced by four percent;
(2) every public post-secondary educational institution is reduced by one and five-tenths percent in its instruction and general purposes category and three percent in every other category, including research and public service projects, with the institution determining reductions in each item of the category; and
(3) every special school is reduced by one and five-tenths percent in its instruction and general purposes category and three percent in every other category, including research and public service projects, with the school determining reductions in each item of the category; and
J. in Subsection K, Public School Support, there are no reductions."
Section 2. A new section of the General Appropriation Act of 2009 is enacted to read:
"[NEW MATERIAL] APPROPRIATION REDUCTION--SECTION 5.--The appropriation in Section 5 of the General Appropriation Act of 2009 to the department of information technology for the New Mexico computing applications center is reduced by one million five hundred thousand dollars ($1,500,000)."
Section 3. A new section of the General Appropriation Act of 2009 is enacted to read:
"[NEW MATERIAL] FEDERAL STIMULUS FUNDS--AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.--Of the ninety-three million two hundred thousand dollars ($93,200,000) remaining from the federal American Recovery and Reinvestment Act of 2009 allocation to the state through the education fund of the state fiscal stabilization fund, seventy million dollars ($70,000,000) shall be distributed to school districts through the state equalization guarantee distribution for fiscal year 2010."
Section 4. A new section of the General Appropriation Act of 2009 is enacted to read:
"[NEW MATERIAL] TOBACCO SETTLEMENT PROGRAM FUND--APPROPRIATION TO MEDICAID.--Three million two hundred thousand dollars ($3,200,000) is appropriated from the tobacco settlement program fund to the human services department for expenditure in fiscal year 2010 for the medical assistance program. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the tobacco settlement program fund."
Section 5. A new section of the General Appropriation Act of 2009 is enacted to read:
"[NEW MATERIAL] PUBLIC SCHOOLS--EMERGENCY SUPPLEMENTAL.--Three million dollars ($3,000,000) is appropriated from the general fund to the emergency supplemental distribution of the public school fund for expenditure in fiscal year 2010 by the public education department to make emergency distributions to school districts or state-chartered charter schools in financial need, but no money shall be distributed to any school district or state-chartered charter school having cash and invested reserves, or other resources or any combination thereof, equaling five percent or more of the school district's or state-chartered charter school's operational budget. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund."
Section 6. A new section of the General Appropriation Act of 2009 is enacted to read:
"[NEW MATERIAL] APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the federal American Recovery and Reinvestment Act of 2009 unemployment insurance modernization funding to the workforce solutions department for operating expenditures in fiscal year 2010."
Section 7. A new section of the General Appropriation Act of 2009 is enacted to read:
"[NEW MATERIAL] OPERATING BUDGETS AND ALLOTMENTS REDUCED TO COMPLY--OTHER REDUCTIONS TO CONFORM--DEPARTMENT OF FINANCE AND ADMINISTRATION.--The department of finance and administration shall reduce fiscal year 2010 operating budgets and adjust allotments to comply with the provisions of this 2009 special session act and may reduce appropriations from other state funds, internal service/interagency transfers and federal funds as necessary to match the general fund reductions in the fiscal year 2010 operating budgets. The legislative finance committee shall review the adjusted operating budgets in a timely manner."
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