44th legislature - STATE OF NEW MEXICO - first special session, 1999

MAKING GENERAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES BY STATE AGENCIES REQUIRED BY LAW; DECLARING AN EMERGENCY.

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

Section 1. Laws 1998, Chapter 116, Section 3 is amended to read:

"Section 3. 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 4 of the General 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 General 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 General 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 General 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 General 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.

[I.] H. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, agencies whose revenue from unforeseen 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 unforeseen 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.

[L.] I. To prevent unnecessary spending, expenditures from the General 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.

[M.] J. When approving operating budgets based on appropriations in the General 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.

[N.] K. The same appropriations, with the same extensions and limitations, provided in Section 4 of the General Appropriation Act of 1998 shall continue every fiscal year subsequent to fiscal year 1999 unless otherwise provided by law."

Section 2. [NEW MATERIAL] FISCAL YEAR 2000 BUDGET ADJUSTMENTS AUTHORIZED.--

A. As used in this section:

(1) "budget category" means an item or an aggregation of related items that represents the object of an appropriation. Budget categories include personal services, employee benefits, travel, maintenance and repairs, supplies and materials, contractual services, operating costs, other costs, capital outlay, out-of-state travel and other financing uses;

(2) "budget increase" means an approved increase in expenditures by an agency or division from a specific source;

(3) "category transfer" means an approved transfer of funds from one budget category to another budget category, provided that a category transfer does not include a transfer of funds between divisions;

(4) "division" means an organizational unit within an agency that is the recipient of an appropriation; and

(5) "division transfer" means an approved transfer of funds from one division of an agency to another division of that agency, provided that the annual cumulative effect of division transfers shall not increase or decrease the appropriation to any division by more than seven and one-half percent.

B. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, an agency receiving an appropriation of other state funds or internal service funds/interagency transfers for expenditure in fiscal year 2000 may request budget increases from the same source.

C. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, an agency receiving less than four million dollars ($4,000,000) in general fund appropriations for fiscal year 2000 may request category transfers and division transfers.

D. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, an agency receiving four million dollars ($4,000,000) or more in general fund appropriations for fiscal year 2000 may request division transfers; provided that the total amount of division transfers in fiscal year 2000 shall not exceed ten percent of the agency's total fiscal year 2000 appropriation; and may request transfers from the travel, maintenance and repairs, supplies and materials, contractual services, operating costs, other costs, capital outlay, out-of-state travel or other financing uses category to any other category.

Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.