FIFTY-SECOND LEGISLATUREHB 311/a
SECOND SESSION, 2016
February 15, 2016
Mr. President:
Your FINANCE COMMITTEE, to whom has been referred
HOUSE BILL 311, as amended
has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:
1. Strike all house appropriations and finance committee amendments.
2. On page 1, strike lines 18 through 25, strike all of pages 2 through 7, and on page 8, strike lines 1 through 8 in their entirety and insert in lieu thereof:
"SECTION 1. FUND AND OTHER ACCOUNT TRANSFERS AND REVERSIONS TO GENERAL FUND--CERTAIN TAX AND SETTLEMENT DISTRIBUTIONS TO GENERAL FUND--FISCAL YEAR 2016.--
A. Notwithstanding any restriction on the use of money in the funds or accounts, the following amounts from the following funds or accounts are transferred to the general fund operating reserve in fiscal year 2016:
(1) one million dollars ($1,000,000) from the New Mexico medical board fund; and
(2) three hundred thousand dollars ($300,000) from the fund of the board of examiners for architects.
B. Three million two hundred fifty-five thousand dollars ($3,255,000) of the general fund appropriation to the homeland security and emergency management department in Laws 2008 (2nd S.S.), Chapter 8 to plan, design and construct improvements to roads, bridges and infrastructure damaged by severe flooding in Lincoln and Otero counties, and for which the time was extended in Laws 2013, Chapter 202, Section 28 and Laws 2015, Chapter 147, Section 42, shall be transferred to the general fund operating reserve on the effective date of this act.
C. The total general fund appropriation of thirty-six million dollars ($36,000,000) to the public education department in Laws 2013, Chapter 191 to provide supplemental special education maintenance of effort funding for the state's requirement pursuant to Part B of the federal Individuals with Disabilities Education Act shall be disencumbered and reverted to the general fund operating reserve on the effective date of this act.
D. Pursuant to the provisions of Section 6-4-2.2 NMSA 1978, one hundred forty-seven million five hundred thousand dollars ($147,500,000) is transferred from the tax stabilization reserve to the general fund operating reserve on the effective date of this act.
E. Notwithstanding Section 66-5-44 NMSA 1978, driver safety fees or balances from driver safety fees held by the public education department in excess of the five million dollars ($5,000,000) appropriated to the state equalization guarantee distribution in Subsection K of Section 4 of the General Appropriation Act of 2016 for use in fiscal year 2017 shall be transferred to the state support reserve fund.
SECTION 2. FUND AND OTHER ACCOUNT TRANSFERS AND REVERSIONS TO GENERAL FUND--CERTAIN TAX AND SETTLEMENT DISTRIBUTIONS TO GENERAL FUND--FISCAL YEAR 2017.--
A. Notwithstanding any restriction on the use of money in the funds or accounts, the following amounts from the following funds or accounts are transferred to the fiscal year 2017 appropriation account of the general fund:
(1) one million dollars ($1,000,000) is transferred from the legislative cash balances;
(2) one million dollars ($1,000,000) is transferred from the attorney general's consumer settlement fund;
(3) two million dollars ($2,000,000) is transferred from the weight distance tax identification permit fund;
(4) nine million dollars ($9,000,000) is transferred from the delinquent property tax fund;
(5) four million dollars ($4,000,000) is transferred from the local DWI grant fund;
(6) eight million seven hundred fifty thousand dollars ($8,750,000) is transferred from the state government unemployment compensation reserve fund;
(7) one million five hundred thousand dollars ($1,500,000) is transferred from the mortgage regulatory fund;
(8) four hundred fifty thousand dollars ($450,000) is transferred from the insurance fraud fund;
(9) six million five hundred thousand dollars ($6,500,000) is transferred from the workers' compensation administration fund;
(10) one million dollars ($1,000,000) is transferred from the employment security department fund of the workforce solutions department;
(11) one million five hundred thousand dollars ($1,500,000) is transferred from the rural infrastructure revolving loan fund;
(12) one million dollars ($1,000,000) is transferred from the professional engineers' and surveyors' fund;
(13) two hundred forty-two thousand six hundred dollars ($242,600) is transferred from the real estate recovery fund;
(14) one hundred five thousand two hundred dollars ($105,200) is transferred from the construction industries division publications revolving fund;
(15) one million four hundred forty-eight thousand six hundred dollars ($1,448,600) is transferred from the barbers and cosmetologists fund;
(16) one hundred fifty-three thousand four hundred dollars ($153,400) is transferred from the athletic commission fund;
(17) three hundred nineteen thousand four hundred dollars ($319,400) is transferred from the counseling and therapy practice board fund;
(18) five hundred thirty-eight thousand five hundred dollars ($538,500) is transferred from the chiropractic fund;
(19) one hundred sixteen thousand eight hundred dollars ($116,800) is transferred from the nutrition and dietetics fund;
(20) one hundred two thousand four hundred dollars ($102,400) is transferred from the nursing home administrators fund;
(21) three hundred sixteen thousand six hundred dollars ($316,600) is transferred from the board of examiners for occupational therapy fund;
(22) three hundred thousand seven hundred dollars ($300,700) is transferred from the optometry fund;
(23) five hundred twenty-six thousand four hundred dollars ($526,400) is transferred from the board of osteopathic medical examiners fund;
(24) one hundred nine thousand two hundred dollars ($109,200) is transferred from the podiatry fund;
(25) six hundred thirty-five thousand one hundred dollars ($635,100) is transferred from the physical therapy fund;
(26) two hundred four thousand nine hundred dollars ($204,900) is transferred from the thanatopractice license fund;
(27) thirty-nine thousand four hundred dollars ($39,400) is transferred from the interior design board fund;
(28) one hundred seventy-five thousand two hundred dollars ($175,200) is transferred from the landscape architects fund;
(29) two hundred fifty-one thousand two hundred dollars ($251,200) is transferred from the speech language pathology, audiology and hearing aid dispensing practices board fund;
(30) seventy-two thousand two hundred dollars ($72,200) is transferred from the respiratory care fund;
(31) eighty-five thousand seven hundred dollars ($85,700) is transferred from the athletic trainer practice board fund;
(32) sixty-five thousand two hundred dollars ($65,200) is transferred from the impaired dentists and dental hygienist fund;
(33) one hundred thousand dollars ($100,000) is transferred from the board of acupuncture and oriental medicine fund;
(34) three hundred thousand dollars ($300,000) is transferred from the psychology fund; and
(35) one hundred thousand dollars ($100,000) is transferred from the board of social work examiners fund.
B. Eight million dollars ($8,000,000) of prior-year budget adjustments pursuant to Subsection A of Section 9 of Chapter 63 of Laws 2014 or from appropriations made in Paragraph (5) of Subsection A of Section 8 of Laws 2008 shall be reverted by each affected agency to the appropriation account of the general fund. The department of finance and administration shall work with each affected agency to ensure that unspent funds are reverted to the appropriation account after accounting for any remaining contingent liability.
C. Ten million dollars ($10,000,000) is transferred from the New Mexico finance authority to the appropriation account of the general fund in fiscal year 2017. Except as otherwise provided in the Tax Administration Act, the amount is from the authority's fiscal year 2016 portion of the governmental gross receipts tax distributed to the authority pursuant to Section 7-1-6.38 NMSA 1978 that is not otherwise pledged for payment of obligations of the authority.
D. Fifty percent of the fiscal year 2017 distribution to the state pursuant to the master settlement agreement entered into between tobacco product manufacturers and various states, including New Mexico, and executed November 23, 1998, shall be distributed to the tobacco settlement program fund; provided that this distribution is in addition to the annual distribution from the tobacco settlement permanent fund to the tobacco settlement program fund.
E. The economic development department shall transfer fourteen million dollars ($14,000,000) of appropriations made pursuant to Item 21 of Section 5 of Chapter 101 of Laws 2015 to the appropriation account of the general fund on September 1, 2016 if preliminary reporting in August 2016 for fiscal year 2016 ending balances shows general fund reserves are less than five percent of fiscal year 2017 general fund appropriations.
F. The reversion requirements in Sections 22-24-4 and 22-25-10 NMSA 1978 or the reversion requirements of capital outlay laws notwithstanding, the balance of supplemental severance tax bond proceeds allocated to the public school capital improvements fund in calendar years 2010 through 2012 that have not been expended, excluding those proceeds derived from bonds sold as long-term tax-exempt bonds, shall revert to the general fund.
G. The reversion requirements in Sections 22-24-4 and 22-25-10 NMSA 1978 notwithstanding, four million seven hundred twenty-four thousand three hundred sixty-nine dollars thirteen cents ($4,724,369.13) of unexpended proceeds of supplemental severance tax bonds issued in calendar years 2003 and 2004 is transferred from the public school capital improvements fund to the general fund.
H. The provisions of Subsection B of Section 7-27-10.1 NMSA 1978 notwithstanding, four million three hundred twenty-eight thousand five hundred seventy-one dollars sixty-nine cents ($4,328,571.69) of unexpended taxable severance tax bond proceeds appropriated to the water project fund of the New Mexico finance authority is transferred from the water project fund of the New Mexico finance authority to the general fund.
SECTION 3. REPEAL.--Laws 2013, Chapter 191 is repealed.".
3. Renumber the succeeding section accordingly.
___________________________________
John Arthur Smith, Chairman
Adopted_______________________ Not Adopted_______________________
(Chief Clerk) (Chief Clerk)
Date ________________________
The roll call vote was 9 For 0 Against
Yes: 9
No: 0
Excused: Campos
Absent: None
HB0311FC1.wpd .204134.1