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0016| Chapter 2, Section 1) is repealed and a new Section 6-3-23 NMSA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