HOUSE BILL 2
50th legislature - STATE OF NEW MEXICO - second session, 2012
INTRODUCED BY
Henry 'Kiki' Saavedra
AN ACT
MAKING GENERAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES BY STATE AGENCIES REQUIRED BY LAW; AMENDING THE GENERAL APPROPRIATION ACT OF 2011.
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 2012".
SECTION 2. DEFINITIONS.--As used in the General Appropriation Act of 2012:
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 of 1998, but "general fund" 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 2012;
F. "other state funds" means:
(1) unreserved undesignated fund balances in agency accounts, other than in internal service fund accounts, appropriated by the General Appropriation Act of 2012;
(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 2013, appropriations are made as set out in Section 4 of the General Appropriation Act of 2012 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 2013 shall revert to the general fund by September 30, 2013 unless otherwise indicated in the General Appropriation Act of 2012 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 2012, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2013. If any other act of the second session of the fiftieth 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 2012 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 2012. 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 2012, 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 2012, 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 2011, Chapter 179, Section 4 is repealed effective July 1, 2012.
SECTION 4. FISCAL YEAR 2012 APPROPRIATIONS.--
A. LEGISLATIVE.--Eighteen million three hundred ninety-one thousand six hundred dollars ($18,391,600) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2013.
B. JUDICIAL.--One hundred ninety-three million five hundred seventy-eight thousand five hundred dollars ($193,578,500) from the general fund, twenty-three million twenty-five thousand eight hundred dollars ($23,025,800) from other state funds, eight million six hundred forty-three thousand seven hundred dollars ($8,643,700) from internal service funds/interagency transfers and two million two hundred seven thousand nine hundred dollars ($2,207,900) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2013.
C. GENERAL CONTROL.--One hundred fifty-nine million five hundred thirty-one thousand two hundred dollars ($159,531,200) from the general fund, one billion two hundred eighty-four million two hundred eighty-three thousand five hundred dollars ($1,284,283,500) from other state funds, twenty-four million thirty-five thousand eight hundred dollars ($24,035,800) from internal service funds/interagency transfers and seventeen million seven hundred twenty-one thousand nine hundred dollars ($17,721,900) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2013.
D. COMMERCE AND INDUSTRY.--Forty-three million nine hundred sixty-five thousand six hundred dollars ($43,965,600) from the general fund, fifty million five hundred eighty-one thousand one hundred dollars ($50,581,100) from other state funds, thirty million four hundred forty-two thousand nine hundred dollars ($30,442,900) from internal service funds/interagency transfers and six hundred twenty-six thousand nine hundred dollars ($626,900) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2013.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.--Sixty-two million seven hundred fifteen thousand six hundred dollars ($62,715,600) from the general fund, ninety-eight million forty-five thousand seven hundred dollars ($98,045,700) from other state funds, twenty-five million eighty thousand three hundred dollars ($25,080,300) from internal service funds/interagency transfers and thirty-two million one hundred dollars ($32,000,100) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resources agencies in fiscal year 2013.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--One billion five hundred eighty-five million five hundred fifty-five thousand two hundred dollars ($1,585,555,200) from the general fund, three hundred sixty million three hundred thirty-one thousand nine hundred dollars ($360,331,900) from other state funds, two hundred thirty-three million ninety-five thousand four hundred dollars ($233,095,400) from internal service funds/interagency transfers and four billion one million five hundred fifty-six thousand three hundred dollars ($4,001,556,300) from federal funds is appropriated to the department of finance and administration for allocation to health, hospitals and human services agencies in fiscal year 2013.
G. PUBLIC SAFETY.--Three hundred sixty-eight million six hundred ninety-eight thousand seven hundred dollars ($368,698,700) from the general fund, thirty-one million three hundred sixty-four thousand seven hundred dollars ($31,364,700) from other state funds, fifteen million four hundred sixty-five thousand two hundred dollars ($15,465,200) from internal service funds/interagency transfers and sixty-five million two hundred eighty-eight thousand two hundred dollars ($65,288,200) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2013.
H. TRANSPORTATION.--Four hundred thirty-eight million nine hundred seventy-two thousand eight hundred dollars ($438,972,800) from other state funds and four hundred three million six hundred one thousand two hundred dollars ($403,601,200) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2013.
I. OTHER EDUCATION.--Fifty-nine million four hundred twenty-three thousand eight hundred dollars ($59,423,800) from the general fund, nine million three hundred forty-six thousand six hundred dollars ($9,346,600) from other state funds and twenty-seven million three thousand two hundred dollars ($27,003,200) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2013.
J. HIGHER EDUCATION.--Seven hundred twenty-nine million nine hundred ninety-nine thousand four hundred dollars ($729,999,400) from the general fund, fifty-eight million three hundred eleven thousand dollars ($58,311,000) from other state funds, forty-four million two hundred thirty-seven thousand eight hundred dollars ($44,237,800) from internal service funds/interagency transfers and seven million four hundred seventy-one thousand nine hundred dollars ($7,471,900) from federal funds is appropriated to the higher education department for expenditure or allocation to higher education agencies in fiscal year 2013.
K. PUBLIC SCHOOL SUPPORT.--Two billion four hundred three million two hundred fifty-six thousand seven hundred dollars ($2,403,256,700) from the general fund, eight hundred fifty thousand dollars ($850,000) from other state funds and four hundred fourteen million two hundred two thousand three hundred dollars ($414,202,300) from federal funds is appropriated to the public education department for expenditure or allocation to public school districts in fiscal year 2013.
SECTION 5. 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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