0001| HOUSE BILL 1331 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MAX COLL | 0005| | 0006| | 0007| | 0008| FOR THE LEGISLATIVE FINANCE COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO BUDGETS; PROVIDING PROCEDURES FOR BUDGET | 0012| ADJUSTMENTS. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 6-3-23 NMSA 1978 (being Laws 1992, | 0016| Chapter 2, Section 1) is repealed and a new Section 6-3-23 NMSA | 0017| 1978 is enacted to read: | 0018| "6-3-23. [NEW MATERIAL] DEFINITIONS.--As used in | 0019| Chapter 6, Article 3 NMSA 1978: | 0020| A. "budget adjustment" means a budget increase, a | 0021| division transfer or a category transfer; | 0022| B. "budget increase" means an authorization for a | 0023| state agency to increase expenditures from a specific source of | 0024| revenue; | 0025| C. "category transfer" means an authorization for a | 0001| state agency to transfer funds from one budget category to | 0002| another budget category; provided that "category transfer" does | 0003| not include an authorization to transfer funds between | 0004| divisions; and | 0005| D. "division transfer" means an authorization for a | 0006| state agency to transfer funds from one division of that agency | 0007| to another division of that agency." | 0008| Section 2. Section 6-3-24 NMSA 1978 (being Laws 1992, | 0009| Chapter 2, Section 2) is repealed and a new Section 6-3-24 NMSA | 0010| 1978 is enacted to read: | 0011| "6-3-24. [NEW MATERIAL] REQUESTS FOR BUDGET | 0012| ADJUSTMENTS-- AUTHORIZATION REQUIRED--LIMITATIONS.--If | 0013| specifically authorized by law, a state agency may request a | 0014| budget adjustment. Unless the law specifically authorizing the | 0015| budget adjustment allows a larger adjustment: | 0016| A. the annual cumulative effective of division | 0017| transfers shall not increase or decrease the appropriation to | 0018| any division by more than seven and one-half percent; and | 0019| B. the annual cumulative effect of category | 0020| transfers shall not increase or decrease the appropriation for | 0021| any category by more than twenty-five percent." | 0022| Section 3. Section 6-3-25 NMSA 1978 (being Laws 1992, | 0023| Chapter 2, Section 3) is amended to read: | 0024| "6-3-25. BUDGET ADJUSTMENT PROCEDURE.-- | 0025| A. Requests for budget adjustments shall be | 0001| submitted to the state budget division. The state budget | 0002| division may approve a budget adjustment if it finds: | 0003| (1) the state agency is specifically | 0004| authorized by law to request the budget adjustment; | 0005| (2) the budget adjustment furthers the goals | 0006| of the state agency and is otherwise in the best interest of | 0007| the citizens of New Mexico; | 0008| (3) the need for the budget adjustment was not | 0009| foreseen during the session of the legislature that made the | 0010| initial appropriation and, therefore, it could not have been | 0011| submitted to the legislature for approval; and | 0012| (4) the budget adjustment is not otherwise | 0013| contrary to law or to the intent of the legislature. | 0014| [A. Except for federal funds] B. Any budget | 0015| adjustment request [to transfer, decrease or increase funds] | 0016| shall be held in abeyance for ten calendar days after the | 0017| director of the state budget division [of the department of | 0018| finance and administration] has approved the request and has | 0019| filed the request with the director of the legislative finance | 0020| committee or his designee. The request shall be accompanied by | 0021| the written findings made pursuant to Subsection A of this | 0022| section and a statement, in writing, of the conditions under | 0023| which the budget adjustment request is approved, together with | 0024| justification for approval. | 0025| [B.] C. If within ten days the director of the | 0001| legislative finance committee or his designee objects to the | 0002| request, the request shall not go into effect until it is | 0003| reviewed by the legislative finance committee or a | 0004| subcommittee of the legislative finance committee at a public | 0005| hearing held within thirty-five calendar days of receipt of the | 0006| proposed budget adjustment by the director of the legislative | 0007| finance committee or his designee. If the state fiscal year | 0008| ends prior to the date scheduled for a hearing, the request | 0009| shall go into effect on the last day of the fiscal year. If, | 0010| at the public hearing, the committee or subcommittee objects to | 0011| the budget adjustment request, the request shall not go into | 0012| effect until the director of the state budget division has | 0013| reconsidered the findings made pursuant to Subsection A of this | 0014| section. | 0015| [C.] D. If within ten days of receipt of a | 0016| budget adjustment request the director of the legislative | 0017| finance committee or his designee indicates that no objection | 0018| will be forthcoming, the proposed budget adjustment request may | 0019| be implemented immediately. If no objection is made within | 0020| the required ten days or if no public hearing is held within | 0021| the required thirty-five days, the request may be implemented." | 0022|  |