HOUSE BILL 2
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Patricia A. Lundstrom
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 2017".
SECTION 2. DEFINITIONS.--As used in the General Appropriation Act of 2017:
A. "agency" means an office, department, agency, institution, board, bureau, commission, court, district
attorney, council or committee of state government;
B. "efficiency" means the measure of the degree to which services are efficient and productive and is often expressed in terms of dollars or time per unit of output;
C. "explanatory" means information that can help users to understand reported performance measures and to evaluate the significance of underlying factors that may have affected the reported information;
D. "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 Leasing Act;
E. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Leasing Act receipts and those payments made in accordance with the federal block grant and the federal Workforce Investment Act of 1998 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;
F. "interagency transfers" means revenue, other than internal service funds, legally transferred from one
agency to another;
G. "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) balances in agency internal service fund accounts appropriated by the General Appropriation Act of 2017;
H. "other state funds" means:
(1) nonreverting balances in agency accounts, other than in internal service funds accounts, appropriated by the General Appropriation Act of 2017;
(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;
I. "outcome" means the measure of the actual impact or public benefit of a program;
J. "output" means the measure of the volume of work completed or the level of actual services or products delivered by a program;
K. "performance measure" means a quantitative or qualitative indicator used to assess a program;
L. "quality" means the measure of the quality of a good or service produced and is often an indicator of the timeliness, reliability or safety of services or products produced by a program;
M. "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; and
N. "target" means the expected level of performance of a program's performance measures.
SECTION 3. GENERAL PROVISIONS.--
A. Amounts set out under column headings are expressed in thousands of dollars.
B. Amounts set out under column headings are appropriated from the source indicated by the column heading. All amounts set out under the column heading "Internal Service Funds/Interagency Transfers" are intergovernmental transfers and do not represent a portion of total state government appropriations. All information designated as "Total" or "Subtotal" is provided for information and amounts are not appropriations.
C. Amounts set out in Section 4 of the General Appropriation Act of 2017, or so much as may be necessary, are appropriated from the indicated source for expenditure in fiscal year 2018 for the objects expressed.
D. Unexpended balances in agency accounts remaining at the end of fiscal year 2017 shall revert to the general fund by October 1, 2017 unless otherwise indicated in the General Appropriation Act of 2017 or otherwise provided by law.
E. Unexpended balances in agency accounts remaining at the end of fiscal year 2018 shall revert to the general fund by October 1, 2018 unless otherwise indicated in the General Appropriation Act of 2017 or otherwise provided by law.
F. 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. The state budget division shall notify the legislative finance committee of any operating budget reduced pursuant to this subsection.
G. Except as otherwise specifically stated in the General Appropriation Act of 2017, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2018. If any other act of the first session of the fifty-third 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 2017 shall be transferred from the agency, fund or distribution to which an appropriation had been made as required by existing law to the appropriate agency, fund or distribution provided by the new law.
H. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, agencies whose revenue from state board of finance loans, from revenue appropriated by other acts of the legislature, from any Native American tribe, pueblo or political subdivision pursuant to a contract, memorandum of understanding, or joint powers agreement, or from gifts, grants, donations, bequests, insurance settlements, refunds or payments into revolving funds exceeds specifically appropriated amounts may request budget increases from the state budget division. If approved by the state budget division, such money is appropriated.
I. Except for gasoline credit cards used solely for operation of official vehicles, telephone credit cards used solely for official business and procurement cards used as authorized by Section 6-5-9.1 NMSA 1978, none of the appropriations contained in the General Appropriation Act of 2017 may be expended for payment of agency-issued credit card invoices.
J. For the purpose of administering the General Appropriation Act of 2017, 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.
SECTION 4. FISCAL YEAR 2018 APPROPRIATIONS.--
A. LEGISLATIVE.--Eighteen million one hundred thirty-six thousand three hundred dollars ($18,136,300) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2018.
B. JUDICIAL.--Two hundred sixty-seven million four hundred ninety-eight thousand five hundred dollars ($267,498,500) from the general fund, twenty-one million five hundred fourteen thousand seven hundred dollars ($21,514,700) from other state funds, eleven million one hundred ninety-one thousand two hundred dollars ($11,191,200) from internal service funds/interagency transfers and two million two hundred forty-three thousand nine hundred dollars ($2,243,900) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2018.
C. GENERAL CONTROL.--One hundred nineteen million nine hundred twenty-six thousand eight hundred dollars ($119,926,800) from the general fund, one billion four hundred fifty-five million two hundred forty-nine thousand four hundred dollars ($1,455,249,400) from other state funds, seventy-two million thirty-three thousand four hundred dollars ($72,033,400) from internal service funds/interagency transfers and fifteen million six hundred sixty-nine thousand seven hundred dollars ($15,669,700) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2018.
D. COMMERCE AND INDUSTRY.--Forty-eight million two hundred nine thousand one hundred dollars ($48,209,100) from the general fund, sixty million six hundred ninety-four thousand seven hundred dollars ($60,694,700) from other state funds, twenty-three million one hundred eighteen thousand three hundred dollars ($23,118,300) from internal service funds/interagency transfers and one million seven hundred ninety-three thousand seven hundred dollars ($1,793,700) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2018.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.-- Sixty-two million seven hundred twenty-two thousand dollars ($62,722,000) from the general fund, eighty-seven million one hundred sixty-six thousand three hundred dollars ($87,166,300) from other state funds, twenty-one million four hundred twenty-three thousand seven hundred dollars ($21,423,700) from internal service funds/interagency transfers and forty million six hundred ninety-five thousand dollars ($40,695,000) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resources agencies in fiscal year 2018.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--One billion six hundred seventy-eight million eight hundred six thousand five hundred dollars ($1,678,806,500) from the general fund, two hundred ninety million eight hundred twenty-four thousand dollars ($290,824,000) from other state funds, three hundred fifty-one million seven hundred twenty-four thousand four hundred dollars ($351,724,400) from internal service funds/interagency transfers and six billion one hundred seventy-three million eight hundred eighty-three thousand one hundred dollars ($6,173,883,100) from federal funds is appropriated to the department of finance and administration for allocation to health, hospitals and human services agencies in fiscal year 2018.
G. PUBLIC SAFETY.--Four hundred twenty-nine million six hundred forty-five thousand eight hundred dollars ($429,645,800) from the general fund, thirty-eight million one hundred nine thousand seven hundred dollars ($38,109,700) from other state funds, six million six hundred ninety thousand nine hundred dollars ($6,690,900) from internal service funds/interagency transfers and fifty-nine million seven hundred four thousand six hundred dollars ($59,704,600) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2018.
H. TRANSPORTATION.--Four hundred fifty-seven million five hundred fifty-two thousand dollars ($457,552,000) from other state funds, one million four hundred seventy-one thousand dollars ($1,471,000) from internal service funds/interagency transfers and four hundred one million four hundred fifty-one thousand eight hundred dollars ($401,451,800) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2018.
I. OTHER EDUCATION.--One hundred seven million six hundred ninety-seven thousand dollars ($107,697,000) from the general fund, twelve million four hundred twenty-seven thousand one hundred dollars ($12,427,100) from other state funds, three million five hundred thirty-six thousand dollars ($3,536,000) from internal service funds/interagency transfers and twenty- eight million seventy-five thousand one hundred dollars ($28,075,100) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2018.
J. HIGHER EDUCATION.--Seven hundred seventy-nine million two hundred ninety-four thousand eight hundred dollars ($779,294,800) from the general fund, eighteen million nine hundred seven thousand five hundred dollars ($18,907,500) from other state funds, forty-four million two hundred thirty-five thousand seven hundred dollars ($44,235,700) from internal service funds/interagency transfers and nine million five hundred twenty-seven thousand five hundred dollars ($9,527,500) from federal funds is appropriated to the higher education department for expenditure or allocation to higher education agencies in fiscal year 2018.
K. PUBLIC SCHOOL SUPPORT.--Two billion five hundred seventy-nine million two hundred thirty-two thousand five hundred dollars ($2,579,232,500) from the general fund, five million dollars ($5,000,000) from internal service funds/interagency transfers 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 2018.
SECTION 5. FUND TRANSFERS.--Notwithstanding the provisions of Sections 6-4-9 and 6-4-11 NMSA 1978 or other substantive law, the department of finance and administration shall transfer an amount from the tobacco settlement permanent fund to the tobacco settlement program fund equal to the difference between appropriations in Section 4 of the General Appropriation Act of 2017 made from the tobacco settlement program fund and the amount transferred to the tobacco settlement program fund pursuant to Subsection B of Section 6-4-9 NMSA 1978 in fiscal year 2018 to fully fund appropriations made from the tobacco settlement program fund contained in Section 4 of the General Appropriation Act of 2017.
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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