0001| HOUSE BILL 7 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| FRANK BIRD | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| MAKING GENERAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES BY | 0012| STATE AGENCIES AND DISTRIBUTIONS FOR PUBLIC EDUCATION REQUIRED | 0013| BY LAW. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. SHORT TITLE.--This act may be cited as the | 0017| "General Appropriation Act of 1997". | 0018| Section 2. DEFINITIONS.--As used in the General | 0019| Appropriation Act of 1997: | 0020| A. "agency" means an office, department, agency, | 0021| institution, board, bureau, commission, court, district | 0022| attorney, council or committee of state government; | 0023| B. "expenditures" means costs, expenses, | 0024| encumbrances and other financing uses, other than refunds | 0025| authorized by law, recognized in accordance with generally | 0001| accepted accounting principles for the legally authorized | 0002| budget amounts and budget period; | 0003| C. "federal funds" means any payments by the United | 0004| States government to state government or agencies except those | 0005| payments made in accordance with the federal Mineral Lands | 0006| Leasing Act; | 0007| D. "general fund" means that fund created by | 0008| Section 6-4-2 NMSA 1978 and includes the severance tax income | 0009| fund and federal Mineral Lands Leasing Act receipts; | 0010| E. "interagency transfers" means revenue | 0011| transferred from one agency to another through contracts or | 0012| joint powers agreements; | 0013| F. "internal service funds" means: | 0014| (1) revenue transferred to an agency for the | 0015| financing of goods or services to another agency on a cost- | 0016| reimbursement basis; and | 0017| (2) unencumbered balances in agency internal | 0018| service fund accounts appropriated by the General Appropriation | 0019| Act of 1997; | 0020| G. "other state funds" means: | 0021| (1) unencumbered, nonreverting balances in | 0022| agency accounts, other than in internal service fund accounts, | 0023| appropriated by the General Appropriation Act of 1997; | 0024| (2) all revenue available to agencies from | 0025| sources other than the general fund, internal service funds, | 0001| interagency transfers and federal funds; and | 0002| (3) all revenue, the use of which is | 0003| restricted by statute or agreement; and | 0004| H. "revenue" means all money received by an agency | 0005| from sources external to that agency, net of refunds and other | 0006| correcting transactions, other than from issue of debt, | 0007| liquidation of investments or as agent or trustee for other | 0008| governmental entities or private persons. | 0009| Section 3. GENERAL PROVISIONS.-- | 0010| A. For fiscal year 1998 appropriations are made as | 0011| set out in Section 4 of the General Appropriation Act of 1997 | 0012| from the general fund, internal service funds/operating | 0013| transfers or other revenues as indicated to state agencies | 0014| named or for the purposes expressed, or so much thereof as may | 0015| be necessary, within available revenue and unencumbered | 0016| balances. | 0017| B. Unencumbered balances in agency accounts | 0018| remaining at the end of fiscal year 1997 shall revert to the | 0019| general fund by October 1, 1997, unless otherwise indicated in | 0020| the General Appropriation Act of 1997 or otherwise provided by | 0021| law. | 0022| C. Unencumbered balances in agency accounts | 0023| remaining at the end of fiscal year 1998 shall revert to the | 0024| general fund by October 1, 1998, unless otherwise indicated in | 0025| the General Appropriation Act of 1997 or otherwise provided by | 0001| law. | 0002| D. The state budget division of the department of | 0003| finance and administration shall monitor revenue received by | 0004| agencies from sources other than the general fund and shall | 0005| reduce the operating budget of any agency whose revenue from | 0006| such sources is not meeting projections. | 0007| E. Except as otherwise specifically stated in the | 0008| General Appropriation Act of 1997, appropriations are made in | 0009| that act for the expenditures of agencies and for other | 0010| purposes as required by existing law for fiscal year 1998. If | 0011| any other act of the first session of the forty-third | 0012| legislature changes existing law with regard to the name or | 0013| responsibilities of an agency or the name or purpose of a fund | 0014| or distribution, the appropriation made in the General | 0015| Appropriation Act of 1997 shall be transferred from the agency, | 0016| fund or distribution, to which an appropriation has been made | 0017| as required by existing law, to the appropriate agency, fund or | 0018| distribution provided by the new law. | 0019| F. During fiscal year 1998, the department of | 0020| finance and administration shall prepare and present quarterly | 0021| revenue estimates to the legislative finance committee. If | 0022| these revenue estimates indicate that revenue and transfers to | 0023| the general fund, excluding transfers to the general fund | 0024| operating reserve, the appropriation contingency fund or the | 0025| state support reserve fund, as of the end of fiscal year 1998, | 0001| are not expected to meet appropriations from the general fund, | 0002| then the department shall present a plan to the legislative | 0003| finance committee. | 0004| G. Pursuant to Sections 6-3-23 through 6-3-25 NMSA | 0005| 1978, the state budget division of the department of finance | 0006| and administration may approve budget increases for fiscal year | 0007| 1998 for agencies whose revenue from federal funds, from state | 0008| board of finance loans, from revenue appropriated by other acts | 0009| of the legislature or from gifts, donations, bequests, | 0010| insurance settlements, refunds or payments into revolving funds | 0011| exceed specifically appropriated amounts. Such money is | 0012| appropriated. In approving a budget increase from federal | 0013| funds, the director of the state budget division shall advise | 0014| the legislative finance committee as to the source of the | 0015| federal funds and the source and amount of any matching funds | 0016| required. | 0017| H. The state budget division of the department of | 0018| finance and administration may approve increases in budgets for | 0019| state agencies whose revenues from other state funds, internal | 0020| service funds and operating transfers exceed amounts specified | 0021| in the General Appropriation Act of 1997. Such other state | 0022| funds, internal service funds and operating transfers are | 0023| hereby appropriated. | 0024| I. When approving operating budgets based on | 0025| appropriations in the General Appropriation Act of 1997, the | 0001| state budget division of the department of finance and | 0002| administration is specifically authorized to approve only those | 0003| budgets that are in accordance with generally accepted | 0004| accounting principles for the purpose of properly classifying | 0005| other financing sources and uses, including interfund, | 0006| intrafund and interagency transfers. | 0007| J. Laws 1996, Chapter 12, Section 4 is repealed | 0008| effective July 1, 1997. | 0009| Section 4. FISCAL YEAR 1998 APPROPRIATIONS.-- | 0010| A. Legislative--Two million two hundred ninety- | 0011| eight thousand one hundred dollars ($2,298,100) is appropriated | 0012| from the general fund to the legislative council service for | 0013| allocation to legislative agencies in fiscal year 1998. | 0014| B. Judicial--Eighty-nine million forty-six thousand | 0015| seven hundred dollars ($89,046,700) from the general fund; four | 0016| million two hundred fifty-nine thousand five hundred dollars | 0017| ($4,259,500) from other revenue; two million one hundred four | 0018| thousand nine hundred dollars ($2,104,900) from internal | 0019| service funds and operating transfers; six hundred sixty-five | 0020| thousand seven hundred dollars ($665,700) from fund balances; | 0021| and three hundred seventy-eight thousand four hundred dollars | 0022| ($378,400) from federal funds are appropriated to the | 0023| administrative office of the courts for allocation to judicial | 0024| agencies in fiscal year 1998. | 0025| C. General control--One hundred twenty-eight | 0001| million seven hundred eighty thousand three hundred dollars | 0002| ($128,780,300) from the general fund; forty-three million three | 0003| hundred two thousand seven hundred dollars ($43,302,700) from | 0004| other revenue; three hundred thirty-two million five hundred | 0005| eighty-eight thousand two hundred dollars ($332,588,200) from | 0006| internal service funds and operating transfers; two million | 0007| five hundred ninety-eight thousand dollars ($2,598,000) from | 0008| federal funds; and four million two hundred fifty-four thousand | 0009| one hundred dollars ($4,254,100) are appropriated from fund | 0010| balances to the department of finance and administration for | 0011| allocation to general control agencies in fiscal year 1998. | 0012| D. Commerce and industry--Twenty-nine million eight | 0013| hundred twenty-two thousand five hundred dollars ($29,822,500) | 0014| from the general fund; twenty-one million four hundred fifty- | 0015| four thousand nine hundred dollars ($21,454,900) from other | 0016| revenue; ten million three hundred ninety-eight thousand four | 0017| hundred dollars ($10,398,400) from internal service funds and | 0018| operating transfers; five million one hundred twenty-nine | 0019| thousand three hundred dollars ($5,129,300) from federal funds; | 0020| and thirteen million three hundred seven thousand dollars | 0021| ($13,307,000) from fund balances are appropriated to the | 0022| department of finance and administration for allocation to | 0023| commerce and industry agencies in fiscal year 1998. | 0024| E. Agriculture, energy and natural resources-- | 0025| Fifty-one million eight hundred sixty-seven thousand six | 0001| hundred dollars ($51,867,600) from the general fund; twenty- | 0002| eight million three hundred one thousand six hundred dollars | 0003| ($28,301,600) from other revenue; eighteen million forty-one | 0004| thousand two hundred dollars ($18,041,200) from internal | 0005| service funds and operating transfers; fifteen million eight | 0006| hundred ninety-six thousand five hundred dollars ($15,896,500) | 0007| in federal funds; and one million nine hundred ninety-four | 0008| thousand four hundred dollars ($1,994,400) in fund balances are | 0009| appropriated to the department of finance and administration | 0010| for allocation to agriculture, energy and natural resource | 0011| agencies in fiscal year 1998. | 0012| F. Health, hospitals and human services--Six | 0013| hundred twenty-seven million two hundred sixty-six thousand | 0014| five hundred dollars ($627,266,500) from the general fund; | 0015| eighty-three million nine hundred fifty-eight thousand two | 0016| hundred dollars ($83,958,200) from other revenue; one hundred | 0017| sixteen million seven hundred fifty-six thousand five hundred | 0018| dollars ($116,756,500) from internal service funds and | 0019| operating transfers; one billion four hundred twenty-three | 0020| million one hundred ninety-three thousand dollars | 0021| ($1,423,193,000) from federal funds; and one million nine | 0022| hundred twelve thousand two hundred dollars ($1,912,200) from | 0023| fund balances are appropriated to the department of finance and | 0024| administration for allocation to health, hospitals and human | 0025| services agencies in fiscal year 1998. | 0001| G. Public safety--One hundred ninety-two million | 0002| three hundred five thousand nine hundred dollars ($192,305,900) | 0003| from the general fund; eleven million seventy thousand seven | 0004| hundred dollars ($11,070,700) from other revenue; six million | 0005| one hundred seventeen thousand seven hundred dollars | 0006| ($6,117,700) from internal service funds and operating | 0007| transfers; nineteen million six hundred forty-nine thousand | 0008| five hundred dollars ($19,649,500) from federal funds; and one | 0009| million thirty-three thousand six hundred dollars ($1,033,600) | 0010| from fund balances are appropriated to the department of | 0011| finance and administration for allocation to public safety | 0012| agencies in fiscal year 1998. | 0013| H. Transportation--Three hundred seven million | 0014| seven hundred sixty-seven thousand dollars ($307,767,000) from | 0015| other revenue; one hundred thirty-four thousand dollars | 0016| ($134,000) from internal service funds and operating transfers; | 0017| two hundred million five hundred seven thousand four hundred | 0018| dollars ($200,507,400) from federal funds; and one million five | 0019| hundred thousand dollars ($1,500,000) from fund balances are | 0020| appropriated to the department of finance and administration | 0021| for allocation to transportation agencies in fiscal year 1998. | 0022| I. Other education--Sixteen million five hundred | 0023| thirty-five thousand five hundred dollars ($16,535,500) from | 0024| the general fund; four million two hundred thirty-three | 0025| thousand three hundred dollars ($4,233,300) from other revenue; | 0001| eleven million seven hundred thousand one hundred dollars | 0002| ($11,700,100) from internal service funds and operating | 0003| transfers; eleven million nine hundred five thousand seven | 0004| hundred dollars ($11,905,700) in federal funds; and one million | 0005| six hundred thirty thousand two hundred dollars ($1,630,200) in | 0006| fund balances are appropriated to the department of finance and | 0007| administration for allocation to other education agencies in | 0008| fiscal year 1998. | 0009| J. Higher education--Four hundred eighty-five | 0010| million three hundred fifty-seven thousand three hundred | 0011| dollars ($485,357,300) from the general fund; six hundred | 0012| thirty-two million three hundred ninety-two thousand seven | 0013| hundred dollars ($632,392,700) from other revenue; fifteen | 0014| million three hundred fifty thousand eight hundred dollars | 0015| ($15,350,800) from internal service funds and operating | 0016| transfers; two hundred seventy-three million four hundred | 0017| sixty-four thousand seven hundred dollars ($273,464,700) in | 0018| federal funds; and one million six hundred twelve thousand two | 0019| hundred dollars ($1,612,200) in fund balances are appropriated | 0020| to the commission on higher education for expenditure or | 0021| allocation to higher education agencies in fiscal year 1998. | 0022| K. Public school support--One billion three hundred | 0023| thirty-one million six hundred twenty thousand one hundred | 0024| dollars ($1,331,620,100) from the general fund and two million | 0025| two hundred fifty thousand dollars ($2,250,000) from internal | 0001| service funds and operating transfers are appropriated to the | 0002| state department of public education for expenditure or | 0003| allocation to public school districts in fiscal year 1998. | 0004| Section 5. RISK RESERVE FUND AND RISK FUNDS TRANSFERS | 0005| AUTHORIZED.--The department of finance and administration shall | 0006| transfer twenty million dollars ($20,000,000) from the workers' | 0007| compensation account of the risk reserve fund to the public | 0008| liability account of the risk reserve fund effective in fiscal | 0009| year 1997. | 0010| Section 6. STATE SUPPORT RESERVE FUND.--One million two | 0011| hundred fifty thousand dollars ($1,250,000) is appropriated | 0012| from the state support reserve fund to the instructional | 0013| material fund in fiscal year 1998. | 0014| Section 7. RISK RESERVE FUND AND RISK MANAGEMENT FUND | 0015| TRANSFERS.--The department of finance and administration shall | 0016| transfer three million three hundred forty-two thousand five | 0017| hundred dollars ($3,342,500) from the public liability account | 0018| in the risk reserve fund to the public liability fund; forty- | 0019| two thousand three hundred dollars ($42,300) from the surety | 0020| bond account in the risk reserve fund to the surety bond fund; | 0021| and eleven million five hundred seventy-six thousand four | 0022| hundred dollars ($11,576,400) from the workers' compensation | 0023| account in the risk reserve fund to the workers' compensation | 0024| fund effective in fiscal year 1998. | 0025| Section 8. GENERAL FUND OPERATING RESERVE--CONTINGENCY.-- | 0001| One million dollars ($1,000,000) is appropriated from the | 0002| operating reserve to the board of finance emergency fund in | 0003| fiscal year 1998 for unanticipated emergencies approved by the | 0004| board of finance. | 0005| Section 9. APPROPRIATION--OPERATING RESERVE.--Twenty | 0006| million dollars ($20,000,000) is appropriated from the | 0007| operating reserve to the appropriations contingency fund for | 0008| payments associated with the costs of fiscal year 1997 and 1998 | 0009| disasters. | 0010| Section 10. TRANSFER AUTHORITY.--If revenues and | 0011| transfers to the general fund, excluding transfers to the | 0012| operating reserve fund, appropriation contingency fund and | 0013| public school support reserve fund as of the end of fiscal year | 0014| 1997 are not sufficient to meet appropriations, the governor, | 0015| with state board of finance approval, may transfer the amount | 0016| necessary to meet the year's obligations from the unencumbered | 0017| balance remaining in the general fund operating reserve fund in | 0018| a total not to exceed sixty million dollars ($60,000,000). | 0019| Section 11. SEVERABILITY.--If any part or application of | 0020| this act is held invalid, the remainder or its application to | 0021| other situations or persons shall not be affected. | 0022|  |