AN ACT

RELATING TO COURTS; MAKING APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Court Appropriation Act of 1998".

Section 2. DEFINITIONS.--As used in the Court Appropriation Act of 1998:

A. "agency" means an office, department, agency, institution, board, bureau, commission, court, district attorney, council or committee of state government;

B. "expenditures" means costs, expenses, encumbrances and other financing uses, other than refunds authorized by law, recognized in accordance with generally accepted accounting principles for the legally authorized budget amounts and budget period;

C. "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 Lands Leasing Act;

D. "full time employee" or "FTE" means one or more authorized positions that together receive compensation for not more than two thousand eighty hours worked in fiscal year 1999. The calculation of hours worked includes compensated absences but does not include overtime, compensatory time or sick leave paid pursuant to Section 10-7-10 NMSA 1978;

E. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Lands Leasing Act receipts, but excludes the general fund operating reserve, the appropriation contingency fund and the risk reserve;

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) unencumbered balances in agency internal service fund accounts appropriated by the Court Appropriation Act of 1998;

H. "other state funds" means:

(1) unencumbered, nonreverting balances in state agency accounts, other than in internal service funds accounts, appropriated by the Court Appropriation Act of 1998;

(2) all revenue available to state 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. "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

J. "unforseen federal funds" means a source of federal funds or an increased amount of federal funds that could not have been reasonably anticipated or known during the first session of the forty-third legislature and, therefore, could not have been requested by an agency or appropriated by the legislature.

Section 3. FORMAT.--The general format of the appropriations set forth in the Court Appropriation Act with respect to symbols used, column headings and amounts stated are those used in the General Appropriation Act of 1998.

Section 4. 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" indicate an intergovernmental transfer and do not represent a portion of total state government appropriations. All information designated as "Totals" or "Subtotals" are provided for information and are not appropriations.

C. Amounts set out in Section 5 of the Court Appropriation Act of 1998, or so much as may be necessary, are appropriated from the indicated source for expenditure in fiscal year 1999 for the objects expressed.

D. Unencumbered balances in agency accounts remaining at the end of fiscal year 1998 shall revert to the general fund by October 1, 1998, unless otherwise indicated in the Court Appropriation Act of 1998 or otherwise provided by law.

E. Unencumbered balances in agency accounts remaining at the end of fiscal year 1999 shall revert to the general fund by October 1, 1999, unless otherwise indicated in the Court Appropriation Act of 1998 or otherwise provided by law.

F. The state budget division 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 Court Appropriation Act of 1998, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 1999. If any other act of the second session of the forty-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 Court Appropriation Act of 1998 shall be transferred from the agency, fund or distribution to which an appropriation has 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 unforseen federal funds, from state board of finance loans, from revenue appropriated by other acts of the legislature, or from gifts, donations, bequests, insurance settlements, refunds or payments into revolving funds exceed specifically appropriated amounts may request budget increases from the state budget division. If approved by the state budget division such money is appropriated. In approving a budget increase from unforseen federal funds, the director of the state budget division shall advise the legislative finance committee as to the source of the federal funds and the source and amount of any matching funds required.

I. For fiscal year 1999, the number of permanent and term full-time equivalent positions specified for each agency shows the maximum number of employees intended by the legislature for that agency, unless another provision of the Court Appropriation Act of 1998 or another act of the second session of the forty-third legislature provides for additional employees.

J. Except for gasoline credit cards used solely for the operation of official vehicles and telephone credit cards used solely for official business, none of the appropriations contained in the Court Appropriation Act of 1998 may be expended for payment of credit card invoices.

K. To prevent unnecessary spending, expenditures from the Court Appropriation Act of 1998 for gasoline for state-owned vehicles at public gasoline service stations shall be made only for self-service gasoline; provided that a state agency head may provide exceptions from the requirement to accommodate disabled persons or for other reasons the public interest may require.

L. When approving operating budgets based on appropriations in the Court Appropriation Act of 1998, the state budget division is specifically authorized to approve only those budgets that are in accordance with generally accepted accounting principles for the purpose of properly classifying other financing sources and uses, including interfund, intrafund and interagency transfers.

Section 5. FISCAL YEAR 1999 APPROPRIATIONS.--

SUPREME COURT LAW LIBRARY:

(a) Personal services 284.4 284.4

(b) Employee benefits 90.9 90.9

(d) Maintenance and repairs 25.0 25.0

(e) Supplies and materials 8.3 8.3

(f) Contractual services 115.1 115.1

(g) Operating costs 291.0 291.0

(h) Capital outlay 182.4 182.4

(i) Out-of-state travel 2.7 2.7

Authorized FTE: 8.00 Permanent

Subtotal 1,001.5

NEW MEXICO COMPILATION COMMISSION:

(a) Personal services 103.6 103.6

(b) Employee benefits 36.7 36.7

(d) Maintenance and repairs 16.1 16.1

(e) Supplies and materials 18.0 18.0

(f) Contractual services 772.0 772.0

(g) Operating costs 99.9 99.9

(h) Capital outlay 17.8 17.8

Authorized FTE: 3.00 Permanent

Subtotal 1,077.1

JUDICIAL STANDARDS COMMISSION:

(a) Personal services 140.6 140.6

(b) Employee benefits 46.4 46.4

(d) Maintenance and repairs 1.3 1.3

(e) Supplies and materials 2.5 2.5

(f) Contractual services 14.4 14.4

(g) Operating costs 51.1 51.1

(h) Other financing uses .1 .1

Authorized FTE: 3.00 Permanent

Subtotal 266.6

COURT OF APPEALS:

(a) Personal services 2,448.5 2,448.5

(b) Employee benefits 703.2 703.2

(d) Maintenance and repairs 32.9 32.9

(e) Supplies and materials 36.9 36.9

(f) Contractual services 25.8 25.8

(g) Operating costs 241.8 241.8

(h) Capital outlay 59.7 59.7

(i) Out-of-state travel 6.3 6.3

(j) Other financing uses .8 .8

Authorized FTE: 55.50 Permanent

Subtotal 3,565.9

SUPREME COURT:

(a) Personal services 1,200.2 1,200.2

(b) Employee benefits 372.1 372.1

(d) Maintenance and repairs 18.2 18.2

(e) Supplies and materials 21.6 21.6

(f) Contractual services 96.4 96.4

(g) Operating costs 81.3 81.3

(h) Capital outlay 18.0 18.0

(i) Out-of-state travel 10.0 10.0

(j) Other financing uses .4 .4

Authorized FTE: 28.00 Permanent

Subtotal 1,824.2

ADMINISTRATIVE OFFICE OF THE COURTS:

(1) Supreme court automation fund:

(a) Personal services 300.6 300.6

(b) Employee benefits 99.5 99.5

(d) Maintenance and repairs 648.0 648.0

(e) Supplies and materials 183.8 183.8

(f) Contractual services 215.2 215.2

(g) Operating costs 998.2 998.2

(h) Other costs 1.0 1.0

(i) Capital outlay 575.0 575.0

(j) Out-of-state travel 17.6 17.6

Authorized FTE: 10.00 Permanent

(2) Jury and witness fee fund:

(a) Operating costs 463.0 132.0 595.0

(b) Other costs 1,641.4 468.0 2,109.4

(3) Administration:

(a) Personal services 1,017.0 1,017.0

(b) Employee benefits 344.1 344.1

(d) Maintenance and repairs 8.0 8.0

(e) Supplies and materials 25.0 25.0

(f) Contractual services 141.6 141.6

(g) Operating costs 136.0 136.0

(h) Capital outlay 5.0 5.0

(i) Out-of-state travel 7.0 7.0

Authorized FTE: 26.00 Permanent

(4) Court appointed attorney fee fund: 2,049.9 2,049.9

(5) Municipal court automation fund:

(a) Personal services 38.7 38.7

(b) Employee benefits 11.1 11.1

(d) Supplies and materials 1.2 1.2

(e) Operating costs 2.5 2.5

(f) Other costs 319.4 319.4

(g) Out-of-state travel 6.0 6.0

Authorized FTE: 1.00 Term

(6) Judges pro tempore: 45.0 45.0

The judges pro tempore appropriation is nonreverting and shall not be expended for any other purpose.

(7) Magistrate courts:

(a) Personal services 7,048.0 7,048.0

(b) Employee benefits 2,171.5 2,171.5

(d) Maintenance and repairs 15.0 15.0

(e) Supplies and materials 258.0 258.0

(f) Contractual services 29.3 29.3

(g) Operating costs 2,539.2 2,539.2

(h) Capital outlay 67.3 67.3

Authorized FTE: 231.50 Permanent

(8) Judicial information division:

(a) Personal services 838.7 838.7

(b) Employee benefits 262.3 262.3

Authorized FTE: 21.00 Permanent

(9) Magistrate court warrant enforcement fund:

(a) Personal services 650.6 650.6

(b) Employee benefits 249.1 249.1

(d) Supplies and materials 3.0 3.0

(e) Contractual services 100.0 100.0

(f) Operating costs 45.9 45.9

Authorized FTE: 27.50 Term

(10) Court appointed special advocate: 377.0 377.0

(11) Water rights litigation: 250.2 250.2

Subtotal 24,978.3

SUPREME COURT BUILDING COMMISSION:

(a) Personal services 211.7 211.7

(b) Employee benefits 96.8 96.8

(d) Maintenance and repairs 59.4 59.4

(e) Supplies and materials 2.2 2.2

(f) Contractual services 60.6 60.6

(g) Operating costs 93.2 93.2

(h) Capital outlay 31.7 31.7

(i) Other financing uses .2 .2

Authorized FTE: 12.00 Permanent

Subtotal 557.3

DISTRICT COURTS:

(1) First judicial district:

(a) Personal services 1,906.9 10.9 89.7 2,007.5

(b) Employee benefits 583.2 34.2 26.9 644.3

(d) Maintenance and repairs 16.5 .5 .5 17.5

(e) Supplies and materials 45.8 5.7 3.5 55.0

(f) Contractual services 113.3 12.0 105.9 231.2

(g) Operating costs 161.5 10.0 21.7 193.2

(h) Capital outlay 103.9 103.9

(i) Other financing uses .8 .8

Authorized FTE: 58.50 Permanent; 2.00 Term

Subtotal 3,272.5

(2) Second judicial district:

(a) Personal services 8,004.5 292.3 189.3 8,486.1

(b) Employee benefits 2,421.3 94.7 56.1 2,572.1

(d) Maintenance and repairs 124.4 14.8 3.0 142.2

(e) Supplies and materials 273.4 33.3 3.2 309.9

(f) Contractual services 328.2 35.8 3.2 367.2

(g) Operating costs 380.0 60.0 13.0 453.0

(h) Other costs 102.0 102.0

(i) Capital outlay 178.8 53.6 3.3 235.7

(j) Out-of-state travel 27.5 10.7 1.4 39.6

Authorized FTE: 252.50 Permanent; 12.00 Term

Subtotal 12,737.4

(3) Third judicial district:

(a) Personal services 1,392.6 28.1 85.3 1,506.0

(b) Employee benefits 457.4 10.4 26.0 493.8

(d) Maintenance and repairs 11.5 .8 1.5 13.8

(e) Supplies and materials 28.6 5.8 4.0 38.4

(f) Contractual services 169.1 70.0 5.5 244.6

(g) Operating costs 68.5 10.2 11.3 90.0

(h) Other costs .3 .3

(i) Capital outlay 27.2 7.2 1.5 35.9

Authorized FTE: 41.00 Permanent; 3.00 Term

Subtotal 2,441.7

(4) Fourth judicial district:

(a) Personal services 571.9 571.9

(b) Employee benefits 188.3 188.3

(d) Maintenance and repairs 8.3 8.3

(e) Supplies and materials 13.2 13.2

(f) Contractual services 2.8 2.8

(g) Operating costs 28.7 28.7

(h) Capital outlay 34.5 34.5

(i) Other financing uses 20.3 5.0 25.3

Authorized FTE: 18.00 Permanent

Subtotal 877.4

(5) Fifth judicial district:

(a) Personal services 2,016.6 2,016.6

(b) Employee benefits 634.1 634.1

(d) Maintenance and repairs 28.7 28.7

(e) Supplies and materials 49.6 1.5 51.1

(f) Contractual services 204.4 57.0 261.4

(g) Operating costs 185.7 1.5 187.2

(h) Capital outlay 104.0 104.0

(i) Out-of-state travel 3.0 3.0

(j) Other financing uses .9 .9

Authorized FTE: 61.00 Permanent

Subtotal 3,321.0

(6) Sixth judicial district:

(a) Personal services 552.6 552.6

(b) Employee benefits 187.4 187.4

(d) Maintenance and repairs 7.0 7.0

(e) Supplies and materials 10.5 10.5

(f) Contractual services 165.5 165.5

(g) Operating costs 68.7 68.7

(h) Capital outlay 49.3 49.3

Authorized FTE: 17.00 Permanent

Subtotal 1,056.0

(7) Seventh judicial district:

(a) Personal services 693.7 693.7

(b) Employee benefits 226.8 226.8

(d) Maintenance and repairs 7.9 7.9

(e) Supplies and materials 21.2 21.2

(f) Contractual services 35.8 35.8

(g) Operating costs 70.1 70.1

(h) Capital outlay 30.6 30.6

Authorized FTE: 21.50 Permanent

Subtotal 1,097.1

(8) Eighth judicial district:

(a) Personal services 611.0 611.0

(b) Employee benefits 217.3 217.3

(d) Maintenance and repairs 5.7 5.7

(e) Supplies and materials 14.0 14.0

(f) Contractual services 48.5 20.0 68.5

(g) Operating costs 60.8 60.8

(h) Capital outlay 28.0 28.0

Authorized FTE: 18.00 Permanent

Subtotal 1,019.0

(9) Ninth judicial district:

(a) Personal services 778.5 82.8 861.3

(b) Employee benefits 261.7 27.6 289.3

(d) Maintenance and repairs 15.0 2.1 17.1

(e) Supplies and materials 19.9 1.5 5.6 27.0

(f) Contractual services 101.3 24.5 36.1 161.9

(g) Operating costs 42.9 7.2 50.0

(h) Other costs .5 .5

(i) Capital outlay 87.7 87.7

(j) Other financing uses .5 .5

Authorized FTE: 23.00 Permanent; 2.00 Term

Subtotal 1,508.9

(10) Tenth judicial district:

(a) Personal services 312.3 312.3

(b) Employee benefits 101.8 101.8

(d) Maintenance and repairs 6.8 6.8

(e) Supplies and materials 11.7 11.7

(f) Contractual services 5.6 5.6

(g) Operating costs 27.6 27.6

(h) Capital outlay 11.4 11.4

(i) Other financing uses 13.7 13.7

Authorized FTE: 9.14 Permanent

Subtotal 495.4

(11) Eleventh judicial district:

(a) Personal services 1,289.6 8.5 1,298.1

(b) Employee benefits 393.4 .7 394.1

(d) Maintenance and repairs 15.6 .5 16.1

(e) Supplies and materials 50.0 .5 .3 50.8

(f) Contractual services 138.3 34.0 14.0 186.3

(g) Operating costs 131.9 1.4 133.3

(h) Other costs .5 .5

(i) Capital outlay 66.9 66.9

Authorized FTE: 39.00 Permanent; .50 Term

Subtotal 2,161.1

(12) Twelfth judicial district:

(a) Personal services 845.2 18.1 863.3

(b) Employee benefits 280.3 5.6 285.9

(d) Maintenance and repairs 8.9 8.9

(e) Supplies and materials 14.9 2.0 16.9

(f) Contractual services 29.8 26.5 .3 56.6

(g) Operating costs 87.8 1.0 88.8

(h) Capital outlay 22.0 22.0

Authorized FTE: 24.50 Permanent 1.00 Term

Subtotal 1,353.5

(13) Thirteenth judicial district:

(a) Personal services 1,252.3 1,252.3

(b) Employee benefits 420.1 420.1

(d) Maintenance and repairs 14.5 14.5

(e) Supplies and materials 43.8 2.0 45.8

(f) Contractual services 18.0 18.0 36.0

(g) Operating costs 110.3 110.3

(h) Capital outlay 67.0 67.0

(i) Other financing uses .7 .7

Authorized FTE: 39.00 Permanent

Subtotal 1,973.6

BERNALILLO COUNTY METROPOLITAN COURT:

(a) Personal services 5,938.9 848.2 6,787.1

(b) Employee benefits 1,994.9 325.8 2,320.7

(d) Maintenance and repairs 369.6 369.6

(e) Supplies and materials 301.2 52.1 353.3

(f) Contractual services 561.5 90.1 651.6

(g) Operating costs 740.0 80.2 820.2

(h) Capital outlay 227.8 42.8 270.6

(i) Out-of-state travel 15.5 15.5

Authorized FTE: 197.00 Permanent 38.50 Term; .50 Temp

Subtotal 11,600.5

GRAND TOTAL FISCAL YEAR 1999

APPROPRIATIONS 68,629.2 8,090.6 1,451.6 14.6 78,186.0

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. HB 5

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