0001|                             HOUSE BILL 2
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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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|                                   
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0009|     
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0010|                                AN ACT
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0011|     MAKING GENERAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES BY
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0012|     STATE AGENCIES AND DISTRIBUTIONS FOR PUBLIC EDUCATION REQUIRED
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0013|     BY LAW.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  SHORT TITLE.--This act may be cited as the
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0017|     "General Appropriation Act of 1998".
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0018|          Section 2.  DEFINITIONS.--As used in the General
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0019|     Appropriation Act of 1998:                   
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0020|               A.  "agency" means an office, department, agency,
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0021|     institution, board, bureau, commission, court, district
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0022|     attorney, council or committee of state government;
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0023|               B.  "expenditures" means costs, expenses,
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0024|     encumbrances and other financing uses, other than refunds
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0025|     authorized by law, recognized in accordance with generally
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0001|     accepted accounting principles for the legally authorized
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0002|     budget amounts and budget period;
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0003|               C.  "federal funds" means any payments by the
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0004|     United States government to state government or agencies
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0005|     except those payments made in accordance with the federal
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0006|     Mineral Lands Leasing Act;
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0007|               D.  "general fund" means that fund created by
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0008|     Section 6-4-2 NMSA 1978 and includes federal Mineral Lands
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0009|     Leasing Act receipts, but excludes the general fund operating
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0010|     reserve, the appropriation contingency fund and the risk
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0011|     reserve;
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0012|               E.  "interagency transfers" means revenue, other
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0013|     than internal service funds, legally transferred from one
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0014|     agency to another;
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0015|               F.  "internal service funds" means:
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0016|                    (1)  revenue transferred to an agency for the
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0017|     financing of goods or services to another agency on a cost-
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0018|     reimbursement basis; and
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0019|                    (2)  unencumbered balances in agency internal
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0020|     service fund accounts appropriated by the General
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0021|     Appropriation Act of 1998;
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0022|               G.  "other state funds" means:
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0023|                    (1)  unencumbered, nonreverting balances in
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0024|     agency accounts, other than in internal service fund accounts,
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0025|     appropriated by the General Appropriation Act of 1998;
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0001|                    (2)  all revenue available to agencies from
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0002|     sources other than the general fund, internal service funds,
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0003|     interagency transfers and federal funds; and
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0004|                    (3)  all revenue, the use of which is
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0005|     restricted by statute or agreement; and
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0006|               H.  "revenue" means all money received by an agency
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0007|     from sources external to that agency, net of refunds and other
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0008|     correcting transactions, other than from issue of debt,
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0009|     liquidation of investments or as agent or trustee for other
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0010|     governmental entities or private persons.
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0011|          Section 3.  GENERAL PROVISIONS.--
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0012|               A.  For fiscal year 1999, appropriations are made
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0013|     as set out in Section 4 of the General Appropriation Act of
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0014|     1998 from the general fund, internal service funds/operating
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0015|     transfers or other revenues as indicated to state agencies
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0016|     named or for the purposes expressed, or so much thereof as may
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0017|     be necessary, within available revenue and unencumbered
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0018|     balances.
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0019|               B.  Unencumbered balances in agency accounts
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0020|     remaining at the end of fiscal year 1998 shall revert to the
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0021|     general fund by October 1, 1998, unless otherwise indicated in
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0022|     the General Appropriation Act of 1998 or otherwise provided by
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0023|     law.
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0024|               C.  Unencumbered balances in agency accounts
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0025|     remaining at the end of fiscal year 1999 shall revert to the
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0001|     general fund by October 1, 1999, unless otherwise indicated in
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0002|     the General Appropriation Act of 1998 or otherwise provided by
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0003|     law.
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0004|               D.  The state budget division shall monitor revenue
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0005|     received by agencies from sources other than the general fund
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0006|     and shall reduce the operating budget of any agency whose
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0007|     revenue from such sources is not meeting projections.
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0008|               E.  Except as otherwise specifically stated in the
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0009|     General Appropriation Act of 1998, appropriations are made in
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0010|     that act for the expenditures of agencies and for other
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0011|     purposes as required by existing law for fiscal year 1999.  If
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0012|     any other act of the forty-third legislature, second session,
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0013|     changes existing law with regard to the name or
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0014|     responsibilities of an agency or the name or purpose of a fund
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0015|     or distribution, the appropriation made in the General
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0016|     Appropriation Act of 1998 shall be transferred from the
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0017|     agency, fund or distribution, to which an appropriation has
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0018|     been made as required by existing law, to the appropriate
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0019|     agency, fund or distribution provided by the new law.          
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0020|               F.  During fiscal year 1999, the department of
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0021|     finance and administration shall prepare and present quarterly
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0022|     revenue estimates to the legislative finance committee.  If
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0023|     these revenue estimates indicate that revenue and transfers to
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0024|     the general fund, excluding transfers to the general fund
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0025|     operating reserve, the appropriation contingency fund or the
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0001|     state-support reserve fund, as of the end of fiscal year 1999
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0002|     are not expected to meet appropriations from the general fund,
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0003|     then the department shall present a plan to the legislative
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0004|     finance committee.
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0005|               G.  Pursuant to Sections 6-3-23 through 6-3-25 NMSA
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0006|     1978, the state budget division may approve budget increases
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0007|     for fiscal year 1999 for agencies whose revenue from federal
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0008|     funds; from state board of finance loans; from revenue
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0009|     appropriated by other acts of the legislature; or from gifts,
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0010|     donations, bequests, insurance settlements, refunds or
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0011|     payments into revolving funds exceed specifically appropriated
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0012|     amounts.  Such money is appropriated.  In approving a budget
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0013|     increase from federal funds, the director of the state budget
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0014|     division shall advise the legislative finance committee as to
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0015|     the source of the federal funds and the source and amount of
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0016|     any matching funds required.
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0017|               H.  The state budget division of the department of
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0018|     finance and administration may approve increases in budgets
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0019|     for state agencies whose revenues from other state funds,
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0020|     internal service funds and operating transfers exceed amounts
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0021|     specified in the General Appropriation Act of 1998.  Such
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0022|     other state funds, internal service funds and operating
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0023|     transfers are appropriated.
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0024|               I.  When approving operating budgets based on
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0025|     appropriations in the General Appropriation Act of 1998, the
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0001|     state budget division is specifically authorized to approve
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0002|     only those budgets that are in accordance with generally
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0003|     accepted accounting principles for the purpose of properly
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0004|     classifying other financing sources and uses, including
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0005|     interfund, intrafund and interagency transfers.  The state
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0006|     budget division is authorized to approve transfers of funds
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0007|     from one budget category to another budget category and from
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0008|     one division of an agency to another division of that agency
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0009|     when approved operating budgets are established to include
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0010|     category and division levels.   
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0011|               J.  Laws 1997, Chapter 33, Section 4 is repealed
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0012|     effective July 1, 1998.                                        
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0013|          Section 4.    FISCAL YEAR 1999 APPROPRIATIONS.--
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0014|               A.  LEGISLATIVE--Eleven million three hundred
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0015|     twenty-seven thousand dollars ($11,327,000) is appropriated
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0016|     from the general fund to the legislative council for
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0017|     allocation to legislative agencies in fiscal year 1999.
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0018|               B.  JUDICIAL--Ninety-three million six hundred
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0019|     thirty-four thousand five hundred dollars ($93,634,500) from
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0020|     the general fund, seven million two hundred forty-three
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0021|     thousand dollars ($7,243,000) from other revenue, two million
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0022|     seven hundred fifteen thousand seven hundred dollars
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0023|     ($2,715,700) from internal service funds and operating
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0024|     transfers, seven hundred ten thousand seven hundred dollars
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0025|     ($710,700) from fund balances and five hundred sixteen
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0001|     thousand two hundred dollars ($516,200) from federal funds is
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0002|     appropriated to the administrative office of the courts for
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0003|     allocation to judicial agencies in fiscal year 1999.
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0004|               C.  GENERAL CONTROL--One hundred twenty-three
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0005|     million four hundred thirty-seven thousand seven hundred
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0006|     dollars ($123,437,700) from the general fund, ninety-one
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0007|     million forty-seven thousand six hundred dollars ($91,047,600)
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0008|     from other revenue, three hundred thirty-one million eight
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0009|     hundred fifty-six thousand nine hundred dollars ($331,856,900)
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0010|     from internal service funds and operating transfers, ten
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0011|     million eight hundred fifty-six thousand dollars ($10,856,000)
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0012|     from fund balances and two million nine hundred eleven thousand
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0013|     six hundred dollars ($2,911,600) from federal funds is
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0014|     appropriated to the department of finance and administration
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0015|     for allocation to general control agencies in fiscal year 1999.
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0016|               D.  COMMERCE AND INDUSTRY--Forty million two hundred
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0017|     sixty-seven thousand two hundred dollars ($40,267,200) from the
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0018|     general fund, twenty-seven million four hundred fifty-five
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0019|     thousand five hundred dollars ($27,455,500) from other revenue,
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0020|     two million nine hundred fifty-two thousand one hundred dollars
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0021|     ($2,952,100) from internal service funds and operating
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0022|     transfers, twelve million four hundred thirty thousand one
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0023|     hundred dollars ($12,430,100) from fund balances and two
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0024|     hundred forty-nine thousand eight hundred dollars ($249,800)
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0025|     from federal funds is appropriated to the department of finance
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0001|     and administration for allocation to commerce and industry
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0002|     agencies in fiscal year 1999.
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0003|               E.  AGRICULTURE, ENERGY AND NATURAL RESOURCES--
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0004|     Fifty-four million eight hundred twenty-two thousand nine
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0005|     hundred dollars ($54,822,900) from the general fund, thirty
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0006|     million one hundred seventeen thousand two hundred dollars
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0007|     ($30,117,200) from other revenue, eighteen million nine hundred
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0008|     eighty-nine thousand dollars ($18,989,000) from internal
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0009|     service funds and operating transfers, one million nine hundred
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0010|     eighty-eight thousand six hundred dollars ($1,988,600) in fund
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0011|     balances and sixteen million one hundred thirteen thousand
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0012|     three hundred dollars ($16,113,300) in federal funds is
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0013|     appropriated to the department of finance and administration
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0014|     for allocation to agriculture, energy and natural resource
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0015|     agencies in fiscal year 1999.
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0016|               F.  HEALTH, HOSPITALS AND HUMAN SERVICES--Six
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0017|     hundred twenty-three million two hundred six thousand eight
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0018|     hundred dollars ($623,206,800) from the general fund, eighty-
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0019|     five million eighteen thousand five hundred dollars
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0020|     ($85,018,500) from other revenue, one hundred forty-eight
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0021|     million nine hundred ninety-nine thousand eight hundred dollars
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0022|     ($148,999,800) from internal service funds and operating
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0023|     transfers, fifty-one million four hundred thirty-two thousand
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0024|     nine hundred dollars ($51,432,900) from fund balances and one
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0025|     billion four hundred fifty million one hundred thirty-four
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0001|     thousand four hundred dollars ($1,450,134,400) from federal
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0002|     funds is appropriated to the department of finance and
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0003|     administration for allocation to health, hospital and human
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0004|     service agencies in fiscal year 1999.
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0005|               G.  PUBLIC SAFETY--Two hundred million two hundred
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0006|     seventy-nine thousand one hundred dollars ($200,279,100) from
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0007|     the general fund, eleven million seven hundred six thousand
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0008|     five hundred dollars ($11,706,500) from other revenue, six
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0009|     million four hundred fifty-one thousand three hundred dollars
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0010|     ($6,451,300) from internal service funds and operating
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0011|     transfers, one million three hundred fifty-one thousand nine
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0012|     hundred dollars ($1,351,900) from fund balances and eighteen
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0013|     million nine hundred fifty-eight thousand nine hundred dollars
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0014|     ($18,958,900) from federal funds is appropriated to the
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0015|     department of finance and administration for allocation to
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0016|     public safety agencies in fiscal year 1999.
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0017|               H.  TRANSPORTATION--Three hundred eighteen million
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0018|     ninety-four thousand nine hundred dollars ($318,094,900) from
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0019|     other revenue, thirteen million five hundred thousand dollars
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0020|     ($13,500,000) from fund balances and two hundred one million
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0021|     thirty-three thousand four hundred dollars ($201,033,400) from
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0022|     federal funds is appropriated to the department of finance and
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0023|     administration for allocation to transportation agencies in
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0024|     fiscal year 1999.
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0025|               I.  OTHER EDUCATION--Thirty-six million nine hundred
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0001|     fifty-two thousand three hundred dollars ($36,952,300) from the
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0002|     general fund, three million nine hundred fifty-three thousand
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0003|     four hundred dollars ($3,953,400) from other revenue, eleven
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0004|     million eight hundred fifty-eight thousand three hundred
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0005|     dollars ($11,858,300) from internal service funds and operating
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0006|     transfers, one million four hundred two thousand three hundred
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0007|     dollars ($1,402,300) in fund balances and fourteen million five
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0008|     hundred fifteen thousand two hundred dollars ($14,515,200) in
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0009|     federal funds is appropriated to the department of finance and
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0010|     administration for allocation to other education agencies in
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0011|     fiscal year 1999.
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0012|               J.  HIGHER EDUCATION--Four hundred ninety-seven
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0013|     million six hundred twenty-six thousand eight hundred dollars
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0014|     ($497,626,800) from the general fund; five hundred thirty-three
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0015|     million seven hundred sixty-seven thousand nine hundred dollars
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0016|     ($533,767,900) from other revenue, three million seven hundred
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0017|     ninety-nine thousand two hundred dollars ($3,799,200) in fund
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0018|     balances and three hundred five million four hundred fifty-
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0019|     seven thousand seven hundred dollars ($305,457,700) in federal
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0020|     funds is appropriated to the commission on higher education for
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0021|     expenditure or allocation to higher education agencies in
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0022|     fiscal year 1999.
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0023|               K.  PUBLIC SCHOOL SUPPORT--One billion four hundred
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0024|     seventeen million four hundred twenty-one thousand five hundred
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0025|     dollars ($1,417,421,500) from the general fund is appropriated
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0001|     to the state department of public education for expenditure or
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0002|     allocation to public school districts in fiscal year 1999.
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0003|          Section 5.  SALARY INCREASES--MAKING APPROPRIATIONS.--
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0004|               A.  GENERAL FUND--Ten million one hundred thousand
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0005|     dollars ($10,100,000) is appropriated from the general fund to
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0006|     the department of finance and administration for allocation to
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0007|     state agencies for expenditure in fiscal year 1999 to provide
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0008|     salary increases to certain public employees as follows:
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0009|                    (1)  one million six hundred thousand dollars
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0010|     ($1,600,000) to provide a base wage salary adjustment, shift
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0011|     differential pay, special duty pay, bilingual pay, education
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0012|     pay, a clothing allowance and associated benefits to
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0013|     commissioned officers of the New Mexico state police division
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0014|     of the department of public safety; and
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0015|                    (2)  eight million five hundred thousand
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0016|     dollars ($8,500,000) to provide an average three percent
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0017|     anniversary increase to legislative, judicial and executive
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0018|     employees, excluding public school employees, public school
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0019|     transportation employees and employees of higher education
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0020|     agencies.  Increases are authorized for executive classified
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0021|     employees who meet or exceed performance expectations in
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0022|     agencies governed by the Personnel Act in accordance with a
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0023|     salary matrix negotiated with the New Mexico state labor
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0024|     coalition providing variable pay anniversary increases ranging
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0025|     from two and one-quarter percent of grade midpoint to five and
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0001|     three-quarters percent of grade midpoint based on the
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0002|     employee's performance rating and compa-ratio.
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0003|               B.  Any unexpended or unencumbered balances of the
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0004|     appropriations made in subsection A of this section remaining
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0005|     at the end of fiscal year 1999 shall revert to the general
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0006|     fund.
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0007|               C.  OTHER STATE FUNDS--For those state employees
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0008|     whose salaries are referenced in or received as a result of
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0009|     nongeneral fund appropriations in the General Appropriation Act
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0010|     of 1998, the department of finance and administration shall
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0011|     authorize transfers from the appropriate fund to the
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0012|     appropriate agency of the amount required for the salary
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0013|     increases equivalent to those provided for in Subsection A of
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0014|     this section, and such amounts are appropriated for expenditure
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0015|     in fiscal year 1999.  Any unexpended or unencumbered balance
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0016|     remaining at the end of fiscal year 1999 shall revert to the
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0017|     appropriate fund.
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0018|          Section 6.  SPECIAL APPROPRIATIONS.--Twenty-four million
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0019|     two hundred fifteen thousand four hundred dollars ($24,215,400)
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0020|     from the general fund, three million nine hundred sixty-seven
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0021|     thousand three hundred dollars ($3,967,300) from other state
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0022|     funds and one million four hundred thousand dollars
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0023|     ($1,400,000) from federal funds is appropriated to the
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0024|     department of finance and administration for allocation to
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0025|     agencies in fiscal year 1998.  The appropriations may be
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0001|     expended in fiscal year 1998 and fiscal year 1999.  Unexpended
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0002|     or unencumbered balances of the appropriations remaining at the
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0003|     end of fiscal year 1999 shall revert to the appropriate fund.
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0004|          Section 7.  SUPPLEMENTAL AND DEFICIENCY APPROPRIATIONS.--
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0005|     Four million four hundred eighty-five thousand seven hundred
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0006|     dollars ($4,485,700) from the general fund and three million
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0007|     one hundred fifty thousand dollars ($3,150,000) from other
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0008|     state funds is appropriated to the department of finance and
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0009|     administration for allocation to agencies in fiscal year 1998. 
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0010|     Unexpended or unencumbered balances of the appropriations
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0011|     remaining at the end of fiscal year 1998 shall revert to the
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0012|     appropriate fund.
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0013|          Section 8.  RISK RESERVE AND RISK MANAGEMENT FUND
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0014|     TRANSFERS.--The department of finance and administration shall
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0015|     transfer three million two hundred thirteen thousand five
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0016|     hundred dollars ($3,213,500) from the public liability account
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0017|     in the risk reserve to the public liability fund, one hundred
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0018|     seven thousand seven hundred dollars ($107,700) from the surety
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0019|     bond account in the risk reserve to the surety bond fund and
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0020|     twelve million nine hundred twelve thousand one hundred dollars
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0021|     ($12,912,100) from the workers' compensation account in the
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0022|     risk reserve to the workers' compensation retention fund
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0023|     effective in fiscal year 1999.
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0024|          Section 9.  GENERAL FUND OPERATING RESERVE--CONTINGENCY.--
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0025|     One million dollars ($1,000,000) is appropriated from the
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0001|     general fund operating reserve to the state board of finance
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0002|     emergency fund in fiscal year 1999 for unanticipated
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0003|     emergencies approved by the state board of finance.
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0004|          Section 10.  APPROPRIATION--GENERAL FUND OPERATING
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0005|     RESERVE.--Six million dollars ($6,000,000) is appropriated from
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0006|     the general fund operating reserve to the appropriation
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0007|     contingency fund.
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0008|          Section 11.  TRANSFER AUTHORITY.--If revenues and
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0009|     transfers to the general fund, excluding transfers to the
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0010|     operating reserve, appropriation contingency fund and state-
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0011|     support reserve fund as of the end of fiscal year 1998 are not
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0012|     sufficient to meet appropriations, the governor, with state
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0013|     board of finance approval, may transfer the amount necessary to
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0014|     meet the year's obligations from the unencumbered balance
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0015|     remaining in the general fund operating reserve in a total not
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0016|     to exceed sixty million dollars ($60,000,000).
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0017|          Section 12.  SEVERABILITY.--If any part or application of
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0018|     this act is held invalid, the remainder or its application to
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0019|     other situations or persons shall not be affected.
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0020|                               
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