0001| HOUSE BILL 18 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998 | 0003| INTRODUCED BY | 0004| Max Coll | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| PROVIDING LIMITED BUDGET ADJUSTMENT AUTHORITY TO STATE | 0012| AGENCIES; DECLARING AN EMERGENCY. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. ADDITIONAL FISCAL YEAR 1998 BUDGET ADJUSTMENT | 0016| AUTHORITY.--During fiscal year 1998, subject to review and | 0017| approval by the department of finance and administration, in | 0018| addition to the budget adjustment authority granted in Laws | 0019| 1997, Chapter 33, Section 10 and pursuant to Sections 6-3-23 | 0020| through 6-3-25 NMSA 1978: | 0021| A. the seventh judicial district attorney may | 0022| request that nineteen thousand seven hundred dollars ($19,700) | 0023| be transferred from the personal services category to the | 0024| operating costs category for expert witness fees; | 0025| B. the eighth judicial district attorney may | - 1 - 0001| request that twenty-eight thousand two hundred dollars | 0002| ($28,200) be transferred from the personal services category | 0003| to any other category to cover projected shortfalls; | 0004| C. the taxation and revenue department may request | 0005| category transfers not to exceed two hundred forty thousand | 0006| dollars ($240,000) from the personal services category for | 0007| expenses related to the enhanced driver's license program and | 0008| telecommunications; | 0009| D. the local government division of the department | 0010| of finance and administration may request that forty thousand | 0011| seven hundred dollars ($40,700) be transferred from the | 0012| personal services category to the personal services category | 0013| in the administrative services division of the department of | 0014| finance and administration; | 0015| E. the general services department may request | 0016| division and category transfers necessary to carry out the | 0017| transfer of the printing office to the information systems | 0018| division; | 0019| F. the public defender department may request | 0020| transfers from the personal services category to the | 0021| contractual services category for contract attorney fees or to | 0022| the operating costs category for expert witness fees; | 0023| G. the New Mexico state fair may request transfers | 0024| from the personal services category to the other costs | 0025| category for retirement of debt; | - 2 - 0001| H. the office of the state engineer may request | 0002| transfer of an amount not to exceed two hundred ten thousand | 0003| dollars ($210,000) from the personal services category to | 0004| cover projected deficits in other categories; | 0005| I. the New Mexico veterans' center of the | 0006| department of health may request transfers from the personal | 0007| services category to the contractual services category; | 0008| J. the southern New Mexico rehabilitation center | 0009| of the department of health may request transfers from the | 0010| personal services category to the contractual services | 0011| category; | 0012| K. the Fort Bayard medical center of the | 0013| department of health may request transfers from the personal | 0014| services category to the contractual services category; | 0015| L. the public health division of the department of | 0016| health may request transfers from the personal services | 0017| category to the supplies and materials category or the other | 0018| costs category to purchase HIV-AIDS medication; | 0019| M. the long-term care and restorative services | 0020| division of the department of health may request transfers | 0021| from the personal services category to the contractual | 0022| services category in the medical fragile waiver to reduce the | 0023| number of individuals on the waiting list; | 0024| N. the department of health may request that three | 0025| hundred eighty thousand dollars ($380,000) be transferred from | - 3 - 0001| the personal services category to other categories in the | 0002| long-term care and restorative services division to settle | 0003| payment for additional costs of treating outlier clients; | 0004| seven hundred fifty thousand dollars ($750,000) be transferred | 0005| from the personal services category to other categories in the | 0006| long-term care and restorative services division to resolve | 0007| outstanding accounts payable problems; and two hundred fifty | 0008| thousand dollars ($250,000) be transferred from the personal | 0009| services category to other categories in the long-term care | 0010| and restorative services division to cover "Jackson" case | 0011| legal fees; | 0012| O. the New Mexico veterans' service commission may | 0013| request transfer of an amount not to exceed seventeen thousand | 0014| dollars ($17,000) from the personal services category to cover | 0015| projected deficits in other categories; | 0016| P. the children, youth and families department may | 0017| request transfers from the personal services category in | 0018| amounts not to exceed one million three hundred thousand | 0019| dollars ($1,300,000) for costs related to child care, foster | 0020| care, adoption and attendant care and for costs related to | 0021| residents in and maintenance of facilities under its control; | 0022| Q. the adult probation and parole division of the | 0023| corrections department may request that three hundred sixteen | 0024| thousand dollars ($316,000) be transferred from the personal | 0025| services category to other categories for additional costs | - 4 - 0001| associated with housing parole violators in county detention | 0002| centers; | 0003| R. the adult institutions division of the | 0004| corrections department may request that one hundred fifty | 0005| thousand dollars ($150,000) be transferred from the personal | 0006| services category to other categories to cover projected | 0007| deficits in the institutions; | 0008| S. the corrections department may request | 0009| transfers from the personal services category to the | 0010| contractual services category for the operations of the New | 0011| Mexico women's correctional facility. The corrections | 0012| department is specifically authorized to exceed the limit for | 0013| payments to that facility provided in the General | 0014| Appropriation Act of 1997; and | 0015| T. the department of public safety may request | 0016| category transfers from the personal services category in an | 0017| amount not to exceed four hundred thousand dollars ($400,000) | 0018| for costs associated with recruit school for additional state | 0019| police officers. | 0020| Section 2. BUDGET ADJUSTMENT REQUESTS AUTHORIZED.-- | 0021| A. As used in this section: | 0022| (1) "budget category" means an item or an | 0023| aggregation of related items that represents the object of an | 0024| appropriation. Budget categories include personal services, | 0025| employee benefits, travel, maintenance and repairs, supplies | - 5 - 0001| and materials, contractual services, operating costs, other | 0002| costs, capital outlay, out-of-state travel and other financing | 0003| uses; | 0004| (2) "budget increase" means an approved | 0005| increase in expenditures by an agency or division from a | 0006| specific source; | 0007| (3) "category transfer" means an approved | 0008| transfer of funds from one budget category to another budget | 0009| category; | 0010| (4) "division" means an organizational unit | 0011| within an agency that is the recipient of an appropriation; | 0012| (5) "division transfer" means an approved | 0013| transfer of funds from one division of an agency to another | 0014| division of that agency; provided that the annual cumulative | 0015| effect of division transfers shall not increase or decrease | 0016| the appropriation to a division by more than seven and one- | 0017| half percent; | 0018| (6) "program" means a set of activities | 0019| undertaken in accordance with a plan of action and organized | 0020| to realize clearly defined, measurable goals and objectives; | 0021| and | 0022| (7) "subprogram" means a more narrowly | 0023| defined part of a set of activities undertaken in accordance | 0024| with a plan of action and organized to realize clearly | 0025| defined, measurable goals and objectives. | - 6 - 0001| B. Pursuant to Sections 6-3-23 through 6-3-25 NMSA | 0002| 1978, the following agencies or divisions are specifically | 0003| authorized to request the specified budget adjustments during | 0004| fiscal year 1999: | 0005| (1) the legislative council service may | 0006| request category transfers; | 0007| (2) the legislative finance committee may | 0008| request category transfers; | 0009| (3) the senate chief clerk may request | 0010| category transfers; | 0011| (4) the house chief clerk may request | 0012| category transfers; | 0013| (5) the legislative education study committee | 0014| may request category transfers; | 0015| (6) the legislative maintenance department | 0016| may request category transfers; | 0017| (7) the legislature may request category | 0018| transfers; | 0019| (8) the supreme court law library may request | 0020| category transfers; | 0021| (9) the New Mexico compilation commission may | 0022| request category transfers; | 0023| (10) the judicial standards commission may | 0024| request category transfers; | 0025| (11) the court of appeals may request | - 7 - 0001| category transfers; | 0002| (12) the supreme court may request category | 0003| transfers; | 0004| (13) the administrative office of the courts | 0005| may request category transfers; | 0006| (14) the supreme court building commission | 0007| may request category transfers; | 0008| (15) the jury and witness fee fund may | 0009| request category transfers; | 0010| (16) each district court may request category | 0011| transfers; | 0012| (17) the Bernalillo county metropolitan court | 0013| may request category transfers; | 0014| (18) each district attorney may request | 0015| category transfers; | 0016| (19) the administrative office of the | 0017| district attorneys may request category transfers; | 0018| (20) the attorney general may request | 0019| transfers from the employee benefits, travel, maintenance and | 0020| repairs, supplies and materials, contractual services, | 0021| operating costs, other costs, capital outlay, out-of-state | 0022| travel or other financing uses category to any other category; | 0023| (21) the state auditor may request category | 0024| transfers; | 0025| (22) the taxation and revenue department may | - 8 - 0001| request transfers from the employee benefits, travel, | 0002| maintenance and repairs, supplies and materials, contractual | 0003| services, operating costs, other costs, capital outlay, out- | 0004| of-state travel or other financing uses category to any other | 0005| category; | 0006| (23) the state investment council may request | 0007| transfers from the personal services, employee benefits, | 0008| travel, maintenance and repairs, supplies and materials, | 0009| contractual services, operating costs, other costs, capital | 0010| outlay, out-of-state travel or other financing uses category | 0011| to any other category and the state investment council may | 0012| request budget increases from other state funds and from | 0013| internal service funds/interagency transfers; | 0014| (24) the department of finance and | 0015| administration may request transfers from the employee | 0016| benefits, travel, maintenance and repairs, supplies and | 0017| materials, contractual services, operating costs, other costs, | 0018| capital outlay, out-of-state travel or other financing uses | 0019| category to any other category; | 0020| (25) the operations division of the public | 0021| school insurance authority may request category transfers; | 0022| (26) the administration component of the | 0023| retiree health care authority may request category transfers; | 0024| (27) the general services department may | 0025| request transfers from the employee benefits, travel, | - 9 - 0001| maintenance and repairs, supplies and materials, contractual | 0002| services, operating costs, other costs, capital outlay, out- | 0003| of-state travel or other financing uses category to any other | 0004| category; | 0005| (28) the educational retirement board may | 0006| request category transfers; | 0007| (29) the criminal and juvenile justice | 0008| coordinating council may request category transfers; | 0009| (30) the public defender department may | 0010| request up to one million dollars ($1,000,000) in budget | 0011| increases from cash balances for operating expenses, contracts | 0012| and automation and may request transfers from the employee | 0013| benefits, travel, maintenance and repairs, supplies and | 0014| materials, contractual services, operating costs, other costs, | 0015| capital outlay, out-of-state travel or other financing uses | 0016| category to any other category; | 0017| (31) the governor may request category | 0018| transfers; | 0019| (32) the office on information and | 0020| communication management may request category transfers; | 0021| (33) the lieutenant governor may request | 0022| category transfers; | 0023| (34) the public employees retirement | 0024| association may request transfers from the employee benefits, | 0025| travel, maintenance and repairs, supplies and materials, | - 10 - 0001| contractual services, operating costs, other costs, capital | 0002| outlay, out-of-state travel or other financing uses category | 0003| to any other category, except that funds authorized for | 0004| investment manager fees within the contractual services | 0005| category of the administrative division and for custody | 0006| services within the other costs category of the administrative | 0007| division shall not be transferred; | 0008| (35) the maintenance division of the public | 0009| employees retirement association may request budget increases | 0010| from other state funds to meet the emergencies or unexpected | 0011| physical plant failures that might affect the health and | 0012| safety of workers; | 0013| (36) the state commission of public records | 0014| may request category transfers; | 0015| (37) the secretary of state may request | 0016| category transfers; | 0017| (38) the personnel board may request category | 0018| transfers; | 0019| (39) the public employee labor relations | 0020| board may request category transfers; | 0021| (40) the state treasurer may request category | 0022| transfers; | 0023| (41) the board of examiners for architects | 0024| may request category transfers; | 0025| (42) the border authority may request | - 11 - 0001| category transfers; | 0002| (43) the tourism department may request | 0003| transfers from the employee benefits, travel, maintenance and | 0004| repairs, supplies and materials, contractual services, | 0005| operating costs, other costs, capital outlay, out-of-state | 0006| travel or other financing uses category to any other category; | 0007| (44) the economic development department may | 0008| request transfers from the employee benefits, travel, | 0009| maintenance and repairs, supplies and materials, contractual | 0010| services, operating costs, other costs, capital outlay, out- | 0011| of-state travel or other financing uses category to any other | 0012| category; | 0013| (45) the regulation and licensing department | 0014| may request transfers from the employee benefits, travel, | 0015| maintenance and repairs, supplies and materials, contractual | 0016| services, operating costs, other costs, capital outlay, out- | 0017| of-state travel or other financing uses category to any other | 0018| category; | 0019| (46) the twenty-seven boards and commissions | 0020| under the administration of the regulation and licensing | 0021| department, the real estate recovery fund, the barbers and | 0022| cosmetologists tuition recovery fund and the securities | 0023| education and training fund may request category transfers; | 0024| (47) the state corporation commission may | 0025| request transfers from the employee benefits, travel, | - 12 - 0001| maintenance and repairs, supplies and materials, contractual | 0002| services, operating costs, other costs, capital outlay, out- | 0003| of-state travel or other financing uses category to any other | 0004| category; | 0005| (48) the public regulation commission may | 0006| request category transfers; | 0007| (49) the New Mexico board of medical | 0008| examiners may request category transfers; | 0009| (50) the board of nursing may request | 0010| category transfers; | 0011| (51) the state fair commission may request | 0012| transfers from the personal services, employee benefits, | 0013| travel, maintenance and repairs, supplies and materials, | 0014| contractual services, operating costs, other costs, capital | 0015| outlay, out-of-state travel or other financing uses category | 0016| to any other category; | 0017| (52) the state board of registration for | 0018| professional engineers and surveyors may request category | 0019| transfers; | 0020| (53) the state racing commission may request | 0021| category transfers; | 0022| (54) the New Mexico apple commission may | 0023| request category transfers; | 0024| (55) the board of veterinary medicine may | 0025| request category transfers; | - 13 - 0001| (56) the bicycle racing commission may | 0002| request category transfers; | 0003| (57) the office of cultural affairs may | 0004| request budget increases from internal services | 0005| funds/interagency transfers for contract archaeology and may | 0006| request transfers from the employee benefits, travel, | 0007| maintenance and repairs, supplies and materials, contractual | 0008| services, operating costs, other costs, capital outlay, out- | 0009| of-state travel or other financing uses category to any other | 0010| category; | 0011| (58) the New Mexico livestock board may | 0012| request category transfers; | 0013| (59) the department of game and fish may | 0014| request budget increases from internal services | 0015| funds/interagency transfers for emergencies subject to the | 0016| approval of the department of finance and administration and | 0017| the legislative finance committee and may request transfers | 0018| from the employee benefits, travel, maintenance and repairs, | 0019| supplies and materials, contractual services, operating costs, | 0020| other costs, capital outlay, out-of-state travel or other | 0021| financing uses category to any other category; | 0022| (60) the endangered species program may | 0023| request category transfers; | 0024| (61) the energy, minerals and natural | 0025| resources department may request transfers from the employee | - 14 - 0001| benefits, travel, maintenance and repairs, supplies and | 0002| materials, contractual services, operating costs, other costs, | 0003| capital outlay, out-of-state travel or other financing uses | 0004| category to any other category; | 0005| (62) the oil conservation division of the | 0006| energy, minerals and natural resources department may request | 0007| budget increases from the oil and gas reclamation fund to | 0008| close abandoned wells in the oil patch; | 0009| (63) the forestry division and the state | 0010| parks division of the energy, minerals and natural resources | 0011| department may request budget increases from the New Mexico | 0012| youth conservation corps fund for projects approved by the New | 0013| Mexico youth conservation corps commission; | 0014| (64) the commissioner of public lands may | 0015| request budget increases from other state funds and may | 0016| request transfers from the employee benefits, travel, | 0017| maintenance and repairs, supplies and materials, contractual | 0018| services, operating costs, other costs, capital outlay, out- | 0019| of-state travel or other financing uses category to any other | 0020| category; | 0021| (65) the state engineer may request transfers | 0022| from the employee benefits, travel, maintenance and repairs, | 0023| supplies and materials, contractual services, operating costs, | 0024| other costs, capital outlay, out-of-state travel or other | 0025| financing uses category to any other category; | - 15 - 0001| (66) the New Mexico public utility commission | 0002| may request category transfers; | 0003| (67) the organic commodity commission may | 0004| request category transfers; | 0005| (68) the commission on the status of women | 0006| may request budget increases from other state funds for | 0007| statutorily mandated recognition programs for women and may | 0008| request category transfers; | 0009| (69) the commission for deaf and hard-of- | 0010| hearing persons may request category transfers; | 0011| (70) the Martin Luther King, Jr. commission | 0012| may request category transfers; | 0013| (71) the commission for the blind may request | 0014| transfers from the employee benefits, travel, maintenance and | 0015| repairs, supplies and materials, contractual services, | 0016| operating costs, other costs, capital outlay, out-of-state | 0017| travel or other financing uses category to any other category; | 0018| (72) the New Mexico office of Indian affairs | 0019| may request category transfers; | 0020| (73) the state agency on aging may request | 0021| transfers from the employee benefits, travel, maintenance and | 0022| repairs, supplies and materials, contractual services, | 0023| operating costs, other costs, capital outlay, out-of-state | 0024| travel or other financing uses category to any other category; | 0025| (74) the human services department may | - 16 - 0001| request transfers from the employee benefits, travel, | 0002| maintenance and repairs, supplies and materials, contractual | 0003| services, operating costs, other costs, capital outlay, out- | 0004| of-state travel or other financing uses category to any other | 0005| category; | 0006| (75) the human services department may | 0007| request category and division transfers to properly establish | 0008| maintenance of effort or to match federal funds related to | 0009| temporary assistance for needy families or work force | 0010| development; | 0011| (76) the labor department may request | 0012| transfers from the employee benefits, travel, maintenance and | 0013| repairs, supplies and materials, contractual services, | 0014| operating costs, other costs, capital outlay, out-of-state | 0015| travel or other financing uses category to any other category; | 0016| (77) the workers' compensation administration | 0017| may request transfers from the employee benefits, travel, | 0018| maintenance and repairs, supplies and materials, contractual | 0019| services, operating costs, other costs, capital outlay, out- | 0020| of-state travel or other financing uses category to any other | 0021| category; | 0022| (78) the vocational rehabilitation division | 0023| of the state department of public education may request | 0024| transfers from the employee benefits, travel, maintenance and | 0025| repairs, supplies and materials, contractual services, | - 17 - 0001| operating costs, other costs, capital outlay, out-of-state | 0002| travel or other financing uses category to any other category; | 0003| (79) the governor's committee on concerns of | 0004| the handicapped may request category transfers; | 0005| (80) the developmental disabilities planning | 0006| council may request category transfers; | 0007| (81) the miners' hospital of New Mexico may | 0008| request transfers from the employee benefits, travel, | 0009| maintenance and repairs, supplies and materials, contractual | 0010| services, operating costs, other costs, capital outlay, out- | 0011| of-state travel or other financing uses category to any other | 0012| category; | 0013| (82) the department of health may request | 0014| transfers from the employee benefits, travel, maintenance and | 0015| repairs, supplies and materials, contractual services, | 0016| operating costs, other costs, capital outlay, out-of-state | 0017| travel or other financing uses category to any other category; | 0018| (83) the department of health may request | 0019| category transfers from the personal services and employee | 0020| benefits categories to the contractual services category to | 0021| increase community program contracts in the public health and | 0022| long-term care and restorative services divisions; | 0023| (84) the department of environment may | 0024| request budget increases from other state funds to budget | 0025| court-ordered responsible party prepayments, from the | - 18 - 0001| corrective action fund to pay claims and from the hazardous | 0002| waste emergency fund to meet emergencies and may request | 0003| transfers from the employee benefits, travel, maintenance and | 0004| repairs, supplies and materials, contractual services, | 0005| operating costs, other costs, capital outlay, out-of-state | 0006| travel or other financing uses category to any other category; | 0007| (85) the office of the natural resources | 0008| trustee may request budget increases from other state funds | 0009| for court settlements to restore natural resource damage in | 0010| accordance with court orders and from internal service | 0011| funds/interagency transfers and may request category | 0012| transfers; | 0013| (86) the New Mexico health policy commission | 0014| may request category transfers; | 0015| (87) the New Mexico veterans' service | 0016| commission may request category transfers; | 0017| (88) the children, youth and families | 0018| department may request transfers from the employee benefits, | 0019| travel, maintenance and repairs, supplies and materials, | 0020| contractual services, operating costs, other costs, capital | 0021| outlay, out-of-state travel or other financing uses category | 0022| to any other category; | 0023| (89) the department of military affairs may | 0024| request transfers from the employee benefits, travel, supplies | 0025| and materials, contractual services, other costs, capital | - 19 - 0001| outlay, out-of-state travel or other financing uses category | 0002| to any other category; | 0003| (90) the crime stoppers commission may | 0004| request category transfers; | 0005| (91) the parole board may request category | 0006| transfers; | 0007| (92) the juvenile parole board may request | 0008| category transfers; | 0009| (93) the corrections department may request | 0010| transfers from the personal services, employee benefits, | 0011| travel, maintenance and repairs, supplies and materials, | 0012| contractual services, operating costs, other costs, capital | 0013| outlay, out-of-state travel or other financing uses category | 0014| to any other category; | 0015| (94) the crime victims reparation commission | 0016| may request category transfers; | 0017| (95) the department of public safety may | 0018| request budget increases from other state funds for disaster | 0019| declarations and from internal service funds/interagency | 0020| transfers, excluding state forfeitures and forfeiture | 0021| balances, and may request transfers from the employee | 0022| benefits, travel, maintenance and repairs, supplies and | 0023| materials, contractual services, operating costs, other costs, | 0024| capital outlay, out-of-state travel or other financing uses | 0025| category to any other category; | - 20 - 0001| (96) the state highway and transportation | 0002| department may request transfers from the employee benefits, | 0003| travel, maintenance and repairs, supplies and materials, | 0004| contractual services, operating costs, other costs, capital | 0005| outlay, out-of-state travel or other financing uses category | 0006| to any other category; | 0007| (97) the state department of public education | 0008| may request transfers from the employee benefits, travel, | 0009| maintenance and repairs, supplies and materials, contractual | 0010| services, operating costs, other costs, capital outlay, out- | 0011| of-state travel or other financing uses category to any other | 0012| category; and | 0013| (98) the commission on higher education may | 0014| request category transfers. | 0015| C. Those agencies listed in Section 4 of Chapter | 0016| 116 of Laws 1998 whose earnings or revenue from other state | 0017| funds, internal service funds or interagency transfers exceed | 0018| the amounts appropriated in that section may request budget | 0019| increases in accordance with the provisions of Sections 6-3-23 | 0020| through 6-3-25 NMSA 1978. | 0021| Section 3. EMERGENCY.--It is necessary for the public | 0022| peace, health and safety that this act take effect | 0023| immediately. | 0024| |