44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

MAKING GENERAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES BY STATE AGENCIES AND DISTRIBUTIONS FOR PUBLIC EDUCATION REQUIRED BY LAW.

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

Section 1. SHORT TITLE.--This act may be cited as the "General Appropriation Act of 1999".

Section 2. DEFINITIONS.--As used in the General Appropriation Act of 1999:

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. "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;

E. "interagency transfers" means revenue, other than internal service funds, legally transferred from one agency to another;

F. "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 General Appropriation Act of 1999;

G. "other state funds" means:

(1) unencumbered, nonreverting balances in agency accounts, other than in internal service fund accounts, appropriated by the General Appropriation Act of 1999;

(2) all revenue available to 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; and

H. "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.

Section 3. GENERAL PROVISIONS.--

A. For fiscal year 2000 appropriations are made as set out in Section 4 of the General Appropriation Act of 1999 from the general fund, internal service funds and operating transfers or other revenues as indicated to state agencies named or for the purposes expressed, or so much thereof as may be necessary, within available revenue and unencumbered balances.

B. Unencumbered balances in agency accounts remaining at the end of fiscal year 2000 shall revert to the general fund by October 1, 2000, unless otherwise indicated in the General Appropriation Act of 1999 or otherwise provided by law.

C. 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.

D. Except as otherwise specifically stated in the General Appropriation Act of 1999, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2000. If any other act of the forty-fourth legislature, first session 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 General Appropriation Act of 1999 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. E. During fiscal year 2000, the department of finance and administration shall prepare and present quarterly revenue estimates to the legislative finance committee. If these revenue estimates indicate that revenue and transfers to the general fund, excluding transfers to the general fund operating reserve, the appropriation contingency fund or the state-support reserve fund, as of the end of fiscal year 2000, are not expected to meet appropriations from the general fund, then the department shall present a plan to the legislative finance committee.

F. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, the state budget division may approve budget increases for fiscal year 2000 for agencies whose revenue from 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. Such money is appropriated. In approving a budget increase from 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.

G. The state budget division may approve increases in budgets for state agencies whose revenues from other state funds, internal service funds and operating transfers exceed amounts specified in the General Appropriation Act of 1999. Such other state funds, internal service funds and operating transfers are hereby appropriated.

H. When approving operating budgets based on appropriations in the General Appropriation Act of 1999, 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. The state budget division may approve transfers of funds from one budget category to another budget category and from one division of an agency to another division of that agency, when approved operating budgets are established to include category and division levels.

I. Laws 1998, Chapter 116, Section 4, and Laws 1998, Chapter 117, Section 5 are repealed effective July 1, 1999.

Section 4. FISCAL YEAR 2000 APPROPRIATIONS.--

A. LEGISLATIVE--Eleven million five hundred forty-six thousand eight hundred dollars ($11,546,800) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2000.

B. JUDICIAL--One hundred two million seven hundred forty thousand six hundred dollars ($102,740,600) from the general fund; nine million seven hundred forty-two thousand five hundred dollars ($9,742,500) from other revenue; three million eight hundred thirty-one thousand one hundred dollars ($3,831,100) from internal service funds/operating transfers; one million two hundred sixty-four thousand six hundred dollars ($1,264,600) from fund balance; and six hundred twenty-three thousand dollars ($623,000) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2000.

C. GENERAL CONTROL--One hundred nineteen million eight hundred forty-nine thousand seven hundred dollars ($119,849,700) from the general fund; ninety-four million nine hundred fifty-one thousand seven hundred dollars ($94,951,700) from other revenue; three hundred sixty-six million nine hundred seventy-two thousand five hundred dollars ($366,972,500) from internal service funds/operating transfers; twenty-five million six hundred ninety-five thousand three hundred dollars ($25,695,300) from federal funds; and twenty-one million six hundred seventy-one thousand one hundred dollars ($21,671,100) is appropriated from fund balance to the department of finance and administration for allocation to general control agencies in fiscal year 2000.

D. COMMERCE AND INDUSTRY--Forty-one million five hundred thirty-seven thousand three hundred dollars ($41,537,300) from the general fund; twenty-four million five hundred sixty-six thousand seven hundred dollars ($24,566,700) from other revenue; thirteen million six hundred twenty thousand two hundred dollars ($13,620,200) from internal service funds/operating transfers; three hundred sixty thousand dollars ($360,000) from federal funds; and two million seven hundred two thousand seven hundred dollars ($2,702,700) from fund balance is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2000.

E. AGRICULTURE, ENERGY AND NATURAL RESOURCES--Fifty-four million one hundred sixty-two thousand six hundred dollars ($54,162,600) from the general fund; thirty-four million three hundred six thousand seven hundred dollars ($34,306,700) from other revenue; twenty-five million sixty-one thousand two hundred dollars ($25,061,200) from internal service funds/operating transfers; seventeen million two hundred sixty-eight thousand five hundred dollars ($17,268,500) in federal funds; and six million seven hundred sixty-eight thousand one hundred dollars ($6,768,100) from fund balance is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resource agencies in fiscal year 2000.

F. HEALTH AND HUMAN SERVICES--Six hundred forty-two million four hundred eighty-three thousand eight hundred dollars ($642,483,800) from the general fund; ninety-one million one hundred twenty-nine thousand three hundred dollars ($91,129,300) from other revenue; one hundred forty-four million eight hundred fifty-one thousand one hundred dollars ($144,851,100) from internal service funds/operating transfers; one billion five hundred forty-three million one hundred three thousand four hundred dollars ($1,543,103,400) from federal funds; and three million four hundred forty-nine thousand four hundred dollars ($3,449,400) from fund balance is appropriated to the department of finance and administration for allocation to health and human services agencies in fiscal year 2000.

G. PUBLIC SAFETY--Two hundred twenty-two million three thousand five hundred dollars ($222,003,500) from the general fund; eleven million six hundred seven thousand six hundred dollars ($11,607,600) from other revenue; six million seven hundred sixty-five thousand nine hundred dollars ($6,765,900) from internal service funds/operating transfers; seventeen million nine hundred ninety thousand five hundred dollars ($17,990,500) from federal funds; and one million two hundred forty thousand six hundred dollars ($1,240,600) from fund balance is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2000.

H. TRANSPORTATION--Three hundred forty-five million five hundred five thousand two hundred dollars ($345,505,200) from other revenue; two hundred sixty-nine million thirty-two thousand five hundred dollars ($269,032,500) from federal funds; and five million five hundred thousand dollars ($5,500,000) from fund balance is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2000.

I. OTHER EDUCATION--Fifteen million four hundred twenty-six thousand two hundred dollars ($15,426,200) from the general fund; sixteen million five hundred thirty-nine thousand seven hundred dollars ($16,539,700) from other revenue; thirty-one thousand one hundred dollars ($31,100) from internal service funds/operating transfers; seventeen million eighty-three thousand five hundred dollars ($17,083,500) in federal funds; and three hundred sixty-six thousand seven hundred dollars ($366,700) from fund balance is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2000.

J. HIGHER EDUCATION--Five hundred thirty million six hundred fourteen thousand nine hundred dollars ($530,614,900) from the general fund; one billion twenty-seven million five hundred forty-four thousand six hundred dollars ($1,027,544,600) from other revenue; two hundred fifteen thousand nine hundred dollars ($215,900) from internal service funds/operating transfers; four hundred sixty-seven thousand one hundred dollars ($467,100) in federal funds; and twelve million eight hundred ninety-one thousand two hundred dollars ($12,891,200) from fund balance is appropriated to the commission on higher education for expenditure or allocation to higher education agencies in fiscal year 2000.

K. PUBLIC SCHOOL SUPPORT--One billion five hundred thirty-seven million five hundred five thousand two hundred dollars ($1,537,505,200) from the general fund is appropriated to the state department of public education for expenditure or allocation to public school districts in fiscal year 2000.

Section 5. PERFORMANCE-BASED BUDGET PILOTS.--The state budget division may establish performance-based budgets for the following agencies: the taxation and revenue department, the economic development department, the department of game and fish, the vocational rehabilitation division of the state department of public education, the public health division of the department of health and the financial aid programs of the commission on higher education. Performance-based budgets shall be established according to the plan submitted to the legislative finance committee and in accordance with forms and procedures established by the state budget division.

Section 6. SALARY INCREASES--MAKING APPROPRIATIONS.--

A. GENERAL FUND--Nine million five hundred thousand dollars ($9,500,000) is appropriated from the general fund to the department of finance and administration for allocation to state agencies for expenditure in fiscal year 2000 as authorized to provide salary increases to certain public employees and to implement certain salary studies approved by the personnel board. Any unexpended or unencumbered balances remaining at the end of fiscal year 2000 shall revert to the general fund.

B. OTHER STATE FUNDS--For those state employees whose salaries are referenced in or received as a result of nongeneral fund appropriations in the General Appropriation Act of 1999, the department of finance and administration shall authorize transfers from the appropriate fund to the appropriate agency the amount required for salary increases equivalent to those provided for in Subsection A of this section, and such amounts are appropriated for expenditure in fiscal year 2000. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the appropriate fund.

Section 7. SPECIAL APPROPRIATIONS.--Forty-five million five hundred four thousand eight hundred dollars ($45,504,800) from the general fund; four hundred five thousand nine hundred dollars ($405,900) from other revenue; ninety-four thousand two hundred dollars ($94,200) from internal service funds/ operating transfers; twenty-one million six hundred twenty-nine thousand seven hundred dollars ($21,629,700) from federal funds; and eleven thousand nine hundred dollars ($11,900) from fund balance is appropriated to the department of finance and administration for allocation to agencies in fiscal year 1999. The appropriations may be expended in fiscal years 1999 and 2000. Unexpended or unencumbered balances of the appropriations remaining at the end of fiscal year 2000 shall revert to the appropriate fund.

Section 8. SUPPLEMENTAL AND DEFICIENCY APPROPRIATIONS.-- Five million two hundred twenty-five thousand dollars ($5,225,000) from the general fund; four million one hundred ninety thousand six hundred dollars ($4,190,600) from other revenue; one hundred fifty thousand dollars ($150,000) from federal funds; and five million six hundred fifty thousand dollars ($5,650,000) from fund balance is appropriated to the department of finance and administration for allocation to agencies in fiscal year 1999. Unexpended or unencumbered balances of the appropriations remaining at the end of fiscal year 1999 shall revert to the appropriate fund.

Section 9. COMPUTER SYSTEM ENHANCEMENT FUND.---Twenty-eight million six hundred ninety-five thousand two hundred dollars ($28,695,200) is appropriated from general fund to the computer systems enhancement fund for expenditure in fiscal years 1999 and 2000. Twenty-eight million six hundred ninety-five thousand two hundred dollars ($28,695,200) from the computer systems enhancement fund; one million four hundred fifteen thousand six hundred dollars ($1,415,600) from other revenue; and ten million seven hundred seven thousand five hundred dollars ($10,707,500) from federal funds is appropriated to the department of finance and administration for allocation to agencies in fiscal year 1999. The department of finance and administration shall allocate amounts from the funds to state agencies for information technology purposes. The appropriations may be expended in fiscal years 1999 and 2000. Unexpended or unencumbered balances of the appropriations remaining at the end of fiscal year 2000 shall revert to the appropriate fund.

Section 10. RISK RESERVE FUND AND RISK MANAGEMENT FUND TRANSFERS.--The department of finance and administration shall transfer one hundred sixteen thousand two hundred dollars ($116,200) from the surety bond account in the risk reserve to the surety bond fund; and thirteen million eighty-four thousand nine hundred dollars ($13,084,900) from the workers' compensation account in the risk reserve to the workers' compensation fund effective in fiscal year 2000.

Section 11. GENERAL FUND OPERATING RESERVE--CONTINGENCY.--One million dollars ($1,000,000) is appropriated from the general fund operating reserve to the state board of finance emergency fund in fiscal year 2000 for unanticipated emergencies approved by the state board of finance.

Section 12. APPROPRIATION--GENERAL FUND OPERATING RESERVE.--Three million dollars ($3,000,000) is appropriated from the general fund operating reserve to the appropriations contingency fund.

Section 13. TRANSFER AUTHORITY.--If revenues and transfers to the general fund, excluding transfers to the operating reserve fund, appropriation contingency fund and public school support reserve fund as of the end of fiscal year 1999 are not sufficient to meet appropriations, the governor, with state board of finance approval, may transfer the amount necessary to meet the year's obligations from the unencumbered balance remaining in the general fund operating reserve fund in a total not to exceed sixty million dollars ($60,000,000).

Section 14. 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.