AN ACT

MAKING GENERAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES BY STATE AGENCIES 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 AGeneral Appropriation Act of 2004".

Section 2. DEFINITIONS.‑‑As used in the General Appropriation Act of 2004:

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

B. Aefficiency@ means the measure of the degree to which services are efficient and productive and is often expressed in terms of dollars or time per unit of output;

C. Aexplanatory@ means information that can help users to understand reported performance measures and to evaluate the significance of underlying factors that may have affected the reported information;

D. Afederal 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;

E. Afull-time equivalent@ or AFTE@ means one or more authorized positions that alone or together receives or receive compensation for not more than two thousand eighty-eight hours worked in fiscal year 2005. The calculation of hours worked includes compensated absences but does not include overtime, compensatory time or sick leave paid pursuant to Section 10-7-10 NMSA 1978;

F. Ageneral fund@ means that fund created by Section 6‑4‑2 NMSA 1978 and includes federal Mineral Lands Leasing Act receipts and those payments made in accordance with the federal block grant and the federal Workforce Investment Act, but excludes the general fund operating reserve, the appropriation contingency fund, the tax stabilization reserve and any other fund, reserve or account from which general appropriations are restricted by law;

G. Ainteragency transfers@ means revenue, other than internal service funds, legally transferred from one agency to another;

H. Ainternal 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 2004;

I. Aother state funds@ means:

(1) unencumbered, nonreverting balances in agency accounts, other than in internal service funds accounts, appropriated by the General Appropriation Act of 2004;

(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;

J. Aoutcome@ means the measure of the actual impact or public benefit of a program;

K. Aoutput@ means the measure of the volume of work completed, or the level of actual services or products delivered by a program;

L. Aperformance measure@ means a quantitative or qualitative indicator used to assess a program;

M. Aquality@ means the measure of the quality of a good or service produced and is often an indicator of the timeliness, reliability or safety of services or products produced by a program;

N. Arevenue@ means all money received by an agency from sources external to that agency, net of refunds and other correcting transactions, other than from issue of debt, liquidation of investments or as agent or trustee for other governmental entities or private persons; and

O. Atarget@ means the expected level of performance of a program=s performance measures.

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 AInternal Service Funds/Interagency Transfers@ are intergovernmental transfers and do not represent a portion of total state government appropriations. All information designated as ATotal@ or ASubtotal@ is provided for information and amounts are not appropriations.

C. Amounts set out in Section 4 of the General Appropriation Act of 2004, or so much as may be necessary, are appropriated from the indicated source for expenditure in fiscal year 2005 for the objects expressed.

D. Unencumbered balances in agency accounts remaining at the end of fiscal year 2004 shall revert to the general fund by October 1, 2004, unless otherwise indicated in the General Appropriation Act of 2004 or otherwise provided by law.

E. Unencumbered balances in agency accounts remaining at the end of fiscal year 2005 shall revert to the general fund by October 1, 2005, unless otherwise indicated in the General Appropriation Act of 2004 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 2004, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2005. If any other act of the second session of the forty‑sixth 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 2004 shall be transferred from the agency, fund or distribution to which an appropriation has been made as required by existing law to the appropriate agency, fund or distribution provided by the new law.

H. The department of finance and administration will regularly consult with the legislative finance committee staff to compare fiscal year 2005 revenue collections with the revenue estimate. If the analyses indicate that revenues and transfers to the general fund are not expected to meet appropriations, then the department shall present a plan to the legislative finance committee that outlines the methods by which the administration proposes to address the deficit.

I. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, agencies whose revenue from state board of finance loans, from revenue appropriated by other acts of the legislature, or from gifts, grants, donations, bequests, insurance settlements, refunds or payments into revolving funds which exceeds specifically appropriated amounts may request budget increases from the state budget division. If approved by the state budget division, such money is appropriated.

J. Pursuant to Section 6-4-2 NMSA 1978, federal funds received during fiscal year 2005 and not specifically appropriated shall be subject to future appropriation by the legislature provided, however, that an agency may request a budget increase during fiscal year 2005 from the state budget division if the agency submits documentation to the state budget division and to the legislative finance committee showing that all of the following five requirements have been met:

(1) the requested budget increase is for federal funds the amount of which could not have been reasonably anticipated or known during the second session of the forty-sixth legislature and, therefore, could not have been requested by the agency or appropriated by the legislature;

(2) the federal law authorizing the disbursement of the federal funds to the state requires the funds to be expended for specific programs or specific governmental functions without leaving a policy choice to the state of how the funds are to be expended;

~~(3) the state has no discretion as to the programs or governmental functions for which the federal funds will be expended;~~

~~(4) the executive branch has had no input into the selection of the programs or governmental functions for which the federal funds are required to be expended; and~~

(5) due to the emergency nature of the purpose of the federal funds or the likelihood that the federal funds will be unavailable in the future, the funds need to be budgeted and expended before the first session of the forty-seventh legislature.

K. For fiscal year 2005, the number of permanent and term full-time-equivalent positions specified for each agency shows the maximum number of employees intended by the legislature for that agency, unless another provision of the General Appropriation Act of 2004 or another act of the second session of the forty-sixth legislature provides for additional employees.

L. Except for gasoline credit cards used solely for operation of official vehicles, telephone credit cards used solely for official business and procurement cards used as authorized by Section 6-5-9.1 NMSA 1978, none of the appropriations contained in the General Appropriation Act of 2004 may be expended for payment of agency-issued credit card invoices.

M. To prevent unnecessary spending, expenditures from the General Appropriation Act of 2004 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.

N. For the purpose of administering the General Appropriation Act of 2004, the state of New Mexico shall follow the modified accrual basis of accounting for governmental funds in accordance with the manual of model accounting practices issued by the department of finance and administration.

O. When approving budgets based on appropriations in the General Appropriation Act of 2004, the state budget division is specifically authorized to approve budgets in accordance with generally accepted accounting principles and the authority to extend the availability period of an appropriation through the use of an encumbrance shall follow the modified accrual basis of accounting for governmental funds in accordance with the manual of model accounting practices issued by the department of finance and administration.

Section 4. FISCAL YEAR 2005 APPROPRIATIONS.BThe state budget division, in consultation with the legislative finance committee, shall select key agencies and develop a list of key performance measures for quarterly reporting. Quarterly reports shall compare actual performance for the report period with targeted performance and shall be filed with the state budget division and legislative finance committee within thirty days of the end of a reporting period.

A. LEGISLATIVE

LEGISLATIVE FINANCE COMMITTEE:

Appropriations:

(a) Personal services and

employee benefits 2,846.7 2,846.7

Authorized FTE: 36.50 Permanent

Subtotal 2,846.7

LEGISLATIVE COUNCIL SERVICE:

(1) Legislative building services:

Appropriations:

(a) Personal services and

employee benefits 2,251.7 2,251.7

(b) Contractual services 100.2 100.2

Authorized FTE: 49.00 Permanent; 4.00 Temporary

(2) Energy council dues:

Appropriations: 32.0 32.0

(3) Legislative retirement:

Appropriations: 266.0 266.0

Subtotal 3,563.6

TOTAL LEGISLATIVE 6,410.3 6,410.3

B. JUDICIAL

SUPREME COURT LAW LIBRARY:

The purpose of the supreme court law library program is to provide and produce legal information for all branches of state government, the legal community and the general public so that they may have equal access to the law, effectively address the courts, make laws, write regulations, better understand the legal system and conduct their affairs in accordance with the principles of law.

Appropriations:

(a) Personal services and

employee benefits 599.6 599.6

(b) Contractual services 343.0 343.0

Authorized FTE: 9.00 Permanent

Performance measures:

(a) Output: Percent of titles currently updated 80%

(b) Quality: Percent of staff time spent on shelving and updating

library materials 15.5%

(d) Output: Number of research requests 5,000

Subtotal 1,580.8

NEW MEXICO COMPILATION COMMISSION:

Appropriations:

The purpose of the New Mexico compilation commission program is to publish in print and electronic format, distribute and sell (1) laws enacted by the legislature, (2) opinions of the supreme court and court of appeals, (3) rules approved by the supreme court, (4) attorney general opinions and (5) other state and federal rules and opinions to ensure the accuracy and reliability of its publication.

(a) Personal services and

employee benefits 167.7 167.7

(b) Contractual services 78.0 887.5 965.5

Authorized FTE: 3.00 Permanent

Performance measures:

(a) Output: Amount of revenue collected, in thousands $1,250

Subtotal 1,291.7

JUDICIAL STANDARDS COMMISSION:

The purpose of the judicial standards commission program is to provide a review process for the public addressing complaints involving judicial misconduct in order to preserve the integrity and impartiality of the judicial process.

Appropriations:

(a) Personal services and

employee benefits 267.8 267.8

(b) Contractual services 23.8 23.8

Authorized FTE: 4.00 Permanent

Performance measures:

(a) Output: Percent of complaints requiring research and investigation 90%

(b) Output: Number of complaints received regarding judicial misconduct 900

Subtotal 372.2

COURT OF APPEALS:

The purpose of the court of appeals program is to provide access to justice, to resolve disputes justly and timely and to maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 4,068.3 4,068.3

(b) Contractual services 79.8 79.8

Authorized FTE: 58.00 Permanent

Performance measures:

(a) Outcome: Cases disposed as a percent of cases filed 95%

(b) Output: Number of legal opinions written

Subtotal 4,471.8

SUPREME COURT:

The purpose of the supreme court program is to provide access to justice, to resolve disputes justly and timely and to maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 1,978.4 1,978.4

(b) Contractual services 100.7 100.7

Authorized FTE: 29.00 Permanent

Performance measures:

(a) Outcome: Cases disposed as a percent of cases filed 95%

(b) Output: Number of legal opinions, decisions and dispositional

orders written

Subtotal 2,238.1

ADMINISTRATIVE OFFICE OF THE COURTS:

(1) Administrative support:

The purpose of the administrative support program is to provide administrative support to the chief justice, all judicial branch units and the administrative office of the courts so that they can effectively administer the New Mexico court system.

Appropriations:

(a) Personal services and

employee benefits 2,000.1 768.0 2,768.1

(b) Contractual services 325.2 560.0 885.2

(d) Other financing uses 200.0 200.0

Authorized FTE: 30.00 Permanent; 11.50 Term

The general fund appropriation to the administrative support program of the administrative office of the courts in the other financing uses category includes two hundred thousand dollars ($200,000) to replace federal funds for juvenile drug courts in the third, eleventh, twelfth, and thirteenth judicial district courts.

Performance measures:

(a) Outcome: Percent of jury summons successfully executed 92%

(b) Quality: Percent of magistrate court financial reports submitted to

fiscal services division and reconciled on a monthly basis 100%

(2) Statewide judiciary automation:

The purpose of the statewide judiciary automation program is to provide development, enhancement, maintenance and support for core court automation and usage skills for appellate, district, magistrate and municipal courts and ancillary judicial agencies.

Appropriations:

(a) Personal services and

employee benefits 1,658.5 1,668.3 3,326.8

(b) Contractual services 18.0 731.0 749.0

Authorized FTE: 37.50 Permanent; 9.00 Term

Performance measures:

(a) Quality: Percent of accurate driving while intoxicated court reports 98%

(b) Quality: Percent reduction in number of calls for assistance from

judicial agencies regarding the case management database

and network 25%

in minutes 25

(d) Output: Number of help desk calls for assistance provided to the

judiciary 6,000

(3) Magistrate court:

The purpose of the magistrate court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 12,688.9 1,487.4 63.3 14,239.6

(b) Contractual services 125.2 28.5 132.3 286.0

Authorized FTE: 262.00 Permanent; 51.50 Term

Performance measures:

(a) Outcome: Amount of bench warrant revenue collected annually, in

millions $1.6

(b) Efficiency: Cases disposed as a percent of cases filed 80%

(4) Special court services:

The purpose of the special court services program is to provide court advocates, legal counsel and safe exchanges for children and families and to provide judges pro tempores and adjudicate water rights disputes so that the constitutional rights and safety of citizens (especially children and families) are protected.

Appropriations:

(a) Contractual services 3,349.2 3,349.2

(b) Other financing uses 1,768.1 1,768.1

Performance measures:

(a) Output: Number of required events attended by attorneys in abuse

and neglect cases 3,500

(b) Output: Number of monthly supervised child visitations conducted 500

volunteers are assigned 1,275

Subtotal 39,499.8

SUPREME COURT BUILDING COMMISSION:

The purpose of the supreme court building commision is to retain custody, control, maintenance and preservation of the supreme court building and its grounds along with maintaining fixed assets records for furniture, fixtures and equipment acquired by the judiciary.

Appropriations:

(a) Personal services and

employee benefits 440.4 440.4

(b) Contractual services 85.7 85.7

Authorized FTE: 12.00 Permanent

Performance measures:

(a) Quality: Accuracy of fixed assets inventory records 100%

Subtotal 672.9

DISTRICT COURTS:

(1) First judicial district:

The purpose of the first judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 4,173.4 159.1 219.9 4,552.4

(b) Contractual services 522.1 23.3 156.5 701.9

Authorized FTE: 70.50 Permanent; 7.50 Term

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Quality: Recidivism of adult drug court graduates

(d) Output: Number of days to process juror payment vouchers

(e) Explanatory: Graduation rate

(2) Second judicial district:

The purpose of the second judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 15,081.1 641.2 912.5 16,634.8

(b) Contractual services 205.0 100.0 112.5 213.1 630.6

Authorized FTE: 281.50 Permanent; 25.00 Term

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Quality: Recidivism of adult drug court graduates

(d) Output: Number of days to process juror payment vouchers

(e) Explanatory: Graduation rate

(3) Third judicial district:

The purpose of the third judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 3,551.9 372.3 20.4 3,944.6

(b) Contractual services 544.1 80.0 187.7 49.9 861.7

Authorized FTE: 62.80 Permanent; 8.00 Term

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Quality: Recidivism of adult drug court graduates

(d) Output: Number of days to process juror payment vouchers

(e) Explanatory: Graduation rate

(4) Fourth judicial district:

The purpose of the fourth judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 996.3 996.3

(b) Contractual services 45.2 123.3 168.5

Authorized FTE: 19.50 Permanent

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Output: Number of days to process juror payment vouchers

(d) Quality: Recidivism of juvenile drug court graduates

(5) Fifth judicial district:

The purpose of the fifth judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 3,535.7 69.5 3,605.2

(b) Contractual services 195.2 58.0 415.2 668.4

Authorized FTE: 64.50 Permanent; 1.00 Term

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Output: Number of days to process juror payment vouchers

(d) Quality: Recidivism of family drug court graduates

(6) Sixth judicial district:

The purpose of the sixth judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 1,519.9 1,519.9

(b) Contractual services 220.3 23.2 100.0 343.5

Authorized FTE: 27.50 Permanent

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Quality: Recidivism of juvenile drug court graduates

(d) Explanatory: Graduation rate

(7) Seventh judicial district:

The purpose of the seventh judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 1,244.1 178.4 1,422.5

(b) Contractual services 75.5 13.0 22.3 110.8

Authorized FTE: 23.50 Permanent; 3.00 Term

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Output: Number of days to process juror payment vouchers

(8) Eighth judicial district:

The purpose of the eighth judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 1,334.2 1,334.2

(b) Contractual services 522.7 30.0 90.6 643.3

Authorized FTE: 23.30 Permanent

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Quality: Recidivism of adult drug court graduates

(d) Output: Number of days to process juror payment vouchers

(e) Explanatory: Graduation rate

(9) Ninth judicial district:

The purpose of the ninth judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 1,570.5 292.0 1,862.5

(b) Contractual services 50.1 26.4 105.8 182.3

Authorized FTE: 28.00 Permanent; 4.00 Term

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Output: Number of days to process juror payment vouchers

(10) Tenth judicial district:

The purpose of the tenth judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 500.9 500.9

(b) Contractual services 12.0 12.0

(d) Other financing uses 15.0 15.0

Authorized FTE: 9.10 Permanent

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Output: Number of days to process juror payment vouchers

(11) Eleventh judicial district:

The purpose of the eleventh judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 2,898.6 269.9 28.8 3,197.3

(b) Contractual services 98.2 69.9 127.8 295.9

Authorized FTE: 55.00 Permanent; 7.80 Term

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Quality: Recidivism of adult drug court graduates

(d) Output: Number of cases resolved with mediation

(e) Quality: Recidivism of juvenile drug court graduates

(f) Output: Number of days to process juror payment vouchers

(g) Explanatory: Graduation rate

(12) Twelfth judicial district:

The purpose of the twelfth judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 1,668.2 12.7 37.1 1,718.0

(b) Contractual services 167.1 26.0 137.8 330.9

Authorized FTE: 31.50 Permanent; 1.00 Term

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Quality: Recidivism of juvenile drug court participants

(d) Explanatory: Graduation rate

(13) Thirteenth judicial district:

The purpose of the thirteenth judicial district court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Appropriations:

(a) Personal services and

employee benefits 2,941.0 287.8 7.4 3,236.2

(b) Contractual services 133.4 51.0 134.0 139.4 457.8

Authorized FTE: 53.50 Permanent; 4.00 Term

Performance measures:

(a) Explanatory: Cases disposed as a percent of cases filed

(b) Quality: Recidivism of juvenile drug court graduates

(d) Explanatory: Graduation rate

Subtotal 54,439.8

BERNALILLO COUNTY METROPOLITAN COURT:

Appropriations:

(a) Personal services and

employee benefits 11,673.1 851.1 994.5 13,518.7

(b) Contractual services 1,684.1 462.3 504.0 2,650.4

Authorized FTE: 255.00 Permanent; 39.00 Term; 1.50 Temporary

The purpose of the Bernalillo county metropolitan court program is to provide access to justice, resolve disputes justly and timely and maintain accurate records of legal proceedings that affect rights and legal status in order to independently protect the rights and liberties guaranteed by the constitutions of New Mexico and the United States.

Performance measures:

(a) Outcome: Amount of bench warrant revenue collected annually $650,000

(b) Outcome: Cases disposed as a percent of cases filed 80%

millions $1.7

(d) Explanatory: Cost per client for adult drug court participants $3,500

(e) Quality: Recidivism of adult drug court graduates 12%

(f) Explanatory: Graduation rate of drug court participants

Subtotal 19,376.4

DISTRICT ATTORNEYS:

(1) First judicial district:

The purpose of the prosecution program is to enforce state laws as they pertain to the district attorney and to improve and ensure the protection, safety, welfare and health of the citizens within Santa Fe, Rio Arriba and Los Alamos counties.

Appropriations:

(a) Personal services and

employee benefits 3,011.6 135.2 458.1 3,604.9

(b) Contractual services 19.5 292.2 311.7

Authorized FTE: 56.00 Permanent; 13.50 Term

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <5%

(b) Output: Number of cases dismissed under the six-month rule <54

in months 3

(d) Efficiency: Average attorney caseload 185

(e) Output: Number of cases prosecuted 2,600

(f) Output: Number of cases referred for screening 4,400

(2) Second judicial district:

Appropriations:

(a) Personal services and

employee benefits 12,187.4 310.4 415.2 12,913.0

(b) Contractual services 94.4 94.4

Authorized FTE: 239.00 Permanent; 20.00 Term

The general fund appropriation to the second judicial district attorney in the personal services and employee benefits category includes ninety-five thousand dollars ($95,000) to replace federal funding for violence against women activities.

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <5%

(b) Output: Number of cases dismissed under the six-month rule <1,037

in months 9.5

(d) Efficiency: Average attorney caseload 305

(e) Output: Number of cases prosecuted 20,753

(f) Output: Number of cases referred for screening 26,237

(3) Third judicial district:

Appropriations:

(a) Personal services and

employee benefits 2,457.9 38.9 421.4 2,918.2

(b) Contractual services 28.0 28.0

Authorized FTE: 46.00 Permanent; 8.00 Term

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <.5%

(b) Output: Number of cases dismissed under the six-month rule <17

in months 6

(d) Efficiency: Average attorney caseload 130

(e) Output: Number of cases prosecuted 3,250

(f) Output: Number of cases referred for screening 4,000

(4) Fourth judicial district:

Appropriations:

(a) Personal services and

employee benefits 1,956.9 106.0 2,062.9

(b) Contractual services 51.8 51.8

Authorized FTE: 31.50 Permanent; 3.50 Term

The general fund appropriation to the fourth judicial district attorney in the personal services and employee benefits category includes seventy-one thousand dollars ($71,000) to replace federal funding for violence against women activities.

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <2.25%

(b) Output: Number of cases dismissed under the six-month rule <33

in months 6

(d) Efficiency: Average attorney caseload 156

(e) Output: Number of cases prosecuted 1,466

(f) Output: Number of cases referred for screening 5,272

(5) Fifth judicial district:

Appropriations:

(a) Personal services and

employee benefits 2,629.2 33.6 88.4 2,751.2

(b) Contractual services 115.5 115.5

Authorized FTE: 48.50 Permanent; 3.00 Term

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule 0%

(b) Output: Number of cases dismissed under the six-month rule 0

in months 7.2

(d) Efficiency: Average attorney caseload 200

(e) Output: Number of cases prosecuted 3,000

(f) Output: Number of cases referred for screening 3,200

(6) Sixth judicial district:

Appropriations:

(a) Personal services and

employee benefits 1,449.8 228.2 251.7 1,929.7

(b) Contractual services 8.5 8.5

Authorized FTE: 27.00 Permanent; 9.00 Term

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <5%

(b) Output: Number of cases dismissed under the six-month rule <90

in months 6

(d) Efficiency: Average attorney caseload 75

(e) Output: Number of cases prosecuted 1,800

(f) Output: Number of cases referred for screening 1,000

(7) Seventh judicial district:

Appropriations:

(a) Personal services and

employee benefits 1,594.7 1,594.7

(b) Contractual services 49.2 49.2

Authorized FTE: 31.00 Permanent

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <5%

(b) Output: Number of cases dismissed under the six-month rule <114

in months 3

(d) Efficiency: Average attorney caseload 240

(e) Output: Number of cases prosecuted 2,280

(f) Output: Number of cases referred for screening 2,400

(8) Eighth judicial district:

Appropriations:

(a) Personal services and

employee benefits 1,682.3 1,682.3

(b) Contractual services 12.6 12.6

Authorized FTE: 30.00 Permanent

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <5%

(b) Output: Number of cases dismissed under the six-month rule <94

in months 8

(d) Efficiency: Average attorney caseload 209

(e) Output: Number of cases prosecuted 1,881

(f) Output: Number of cases referred for screening 2,667

(9) Ninth judicial district:

Appropriations:

(a) Personal services and

employee benefits 1,662.1 5.9 15.0 1,683.0

(b) Contractual services 8.5 5.1 13.6

Authorized FTE: 31.00 Permanent; 1.00 Term

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <5%

(b) Output: Number of cases dismissed under the six-month rule <63

in months 4

(d) Efficiency: Average attorney caseload 200

(e) Output: Number of cases prosecuted 1,693

(f) Output: Number of cases referred for screening 2,038

(10) Tenth judicial district:

Appropriations:

(a) Personal services and

employee benefits 638.3 638.3

(b) Contractual services 4.3 4.3

Authorized FTE: 11.00 Permanent

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <1%

(b) Output: Number of cases dismissed under the six-month rule <14

in months 6

(d) Efficiency: Average attorney caseload 468

(e) Output: Number of cases prosecuted 1,349

(f) Output: Number of cases referred for screening 2,045

(11) Eleventh judicial district-division I:

Appropriations:

(a) Personal services and

employee benefits 2,231.7 150.2 173.2 2,555.1

(b) Contractual services 9.9 9.9

Authorized FTE: 48.00 Permanent; 4.80 Term

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <.5%

(b) Output: Number of cases dismissed under the six-month rule <2

in months 6

(d) Efficiency: Average attorney caseload 209

(e) Output: Number of cases prosecuted 3,555

(f) Output: Number of cases referred for screening 3,900

(12) Eleventh judicial district-division II:

Appropriations:

(a) Personal services and

employee benefits 1,436.9 88.1 55.0 1,580.0

(b) Contractual services 7.0 7.0

Authorized FTE: 28.00 Permanent; 3.00 Term

The general fund appropriation to the eleventh judicial district attorney-division II in the personal services and employee benefits category includes thirty-three thousand dollars ($33,000) to replace federal funding for violence against women activities.

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <5%

(b) Output: Number of cases dismissed under the six-month rule <299

in months 2.5

(d) Efficiency: Average attorney caseload 166

(e) Output: Number of cases prosecuted 5,977

(f) Output: Number of cases referred for screening 6,261

(13) Twelfth judicial district:

Appropriations:

(a) Personal services and

employee benefits 1,819.9 70.3 305.4 2,195.6

(b) Contractual services 3.4 2.0 5.4

Authorized FTE: 35.00 Permanent; 8.50 Term

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <.5%

(b) Output: Number of cases dismissed under the six-month rule <3

in months 9

(d) Efficiency: Average attorney caseload 300

(e) Output: Number of cases prosecuted 6,000

(f) Output: Number of cases referred for screening 5,000

(14) Thirteenth judicial district:

Appropriations:

(a) Personal services and

employee benefits 2,477.5 285.1 2,762.6

(b) Contractual services 36.0 36.0

Authorized FTE: 52.00 Permanent; 4.00 Term

Performance measures:

(a) Outcome: Percent of cases dismissed under the six-month rule <.5%

(b) Output: Number of cases dismissed under the six-month rule <2

in months 12

(d) Efficiency: Average attorney caseload 231

(e) Output: Number of cases prosecuted 888

(f) Output: Number of cases referred for screening 5,807

Subtotal 44,865.7

ADMINISTRATIVE OFFICE OF THE DISTRICT ATTORNEYS:

(1) Administrative support:

The purpose of the administrative support program is to provide fiscal, human resource, staff development, automation, victim program services and support to all district attorneys' offices in New Mexico and to members of the New Mexico children's safehouse network so that they may obtain and access the necessary resources in order to effectively and efficiently carry out their prosecutorial, investigative and programmatic functions.

Appropriations:

(a) Personal services and

employee benefits 623.4 623.4

(b) Contractual services 7.2 15.0 22.2

Authorized FTE: 9.00 Permanent; 1.00 Term

Performance measures:

(a) Output: Number of district attorney employees receiving training 700

(b) Output: Average number of victim notification events and escapes

reported monthly 1,300

Subtotal 1,271.7

TOTAL JUDICIAL 143,985.3 12,133.2 9,291.9 4,670.5 170,080.9

C. GENERAL CONTROL

ATTORNEY GENERAL:

(1) Legal services:

The purpose of the legal services program is to deliver quality opinions, counsel and representation to state government entities and to enforce state law on behalf of the public so that New Mexicans have an open, honest, efficient government and enjoy the protection of state law.

Appropriations:

(a) Personal services and

employee benefits 9,631.4 48.0 9,679.4

(b) Contractual services 362.5 362.5

(d) Other financing uses 2.8 2.8

Authorized FTE: 141.00 Permanent; 1.00 Temporary

The internal services funds/interagency transfers appropriation to the legal services program of the attorney general in the personal services and employee benefits category includes forty-eight thousand dollars ($48,000) from the medicaid fraud division.

All revenue generated from antitrust cases and consumer protection settlements through the attorney general on behalf of the state, political subdivisions or private citizens shall revert to the general fund.

The other state funds appropriation to the legal services program of the attorney general in the other category includes one million dollars ($1,000,000) from settlement funds.

Performance measures:

(a) Outcome: Percent of initial responses for attorney general opinions

made within three days of request 80%

(2) Medicaid fraud:

The purpose of the medicaid fraud program is to investigate and prosecute medicaid provider fraud and recipient abuse and neglect in the medicaid program.

Appropriations:

(a) Personal services and

employee benefits 405.0 1,034.7 1,439.7

(b) Contractual services 7.0 20.7 27.7

(d) Other financing uses 48.0 48.0

Authorized FTE: 21.00 Permanent

Performance measures:

(a) Outcome: Three-year projected savings resulting from fraud

investigations, in millions $3

Subtotal 13,329.9

STATE AUDITOR:

The purpose of the state auditor program is to audit the financial affairs of every agency annually so they can improve accountability and performance and to assure New Mexico citizens that funds are expended properly.

Appropriations:

(a) Personal services and

employee benefits 1,957.2 248.2 2,205.4

(b) Contractual services 205.3 205.3

Authorized FTE: 30.00 Permanent; 1.00 Term

Performance measures:

(a) Output: Total audit fees generated $450,000

(b) Outcome: Percent of audits completed by regulatory due date 70%

Subtotal 2,801.6

TAXATION AND REVENUE DEPARTMENT:

(1) Tax administration:

The purpose of the tax administration program is to provide registration and licensure requirements for tax programs and to ensure the administration, collection and compliance of state taxes and fees that provide funding for support services for the general public through appropriations.

Appropriations:

(a) Personal services and

employee benefits 18,965.7 478.1 686.0 20,129.8

(b) Contractual services 303.4 303.4

(d) Other financing uses 90.0 90.0

Authorized FTE: 419.00 Permanent; 17.00 Term; 31.70 Temporary

The general fund appropriations to the tax administration program of the taxation and revenue department include two million five hundred thousand dollars ($2,500,000) and seventeen permanent full-time equivalent positions for the purpose of implementing the fiscal year 2005 enhanced revenue initiative.

Performance measures:

(a) Outcome: Amount of revenue assessed as a result of audits, in

millions $40

(b) Outcome: Percent of audit assessments collected compared with the

uncollected balance 20%

(d) Output: Number of field audits conducted for corporate income tax

and combined reporting system taxes 375

(e) Output: Number of federal oil and gas audits conducted 32

(f) Output: Number of electronically filed tax returns processed 340,000

(g) Output: Number of international fuel tax agreement and

international rate program audits conducted 232

(h) Explanatory: Average percent of auditor positions filled compared with

approved full-time equivalent 95%

(2) Motor vehicle:

The purpose of the motor vehicle program is to register, title and license vehicles, boats and motor vehicle dealers and to enforce operator compliance with the motor vehicle code and federal regulations by conducting tests, investigations and audits.

Appropriations:

(a) Personal services and

employee benefits 9,412.3 1,033.3 10,445.6

(b) Contractual services 265.6 2,100.0 2,365.6

Authorized FTE: 273.00 Permanent; 4.00 Term; 4.00 Temporary

Performance measures:

(a) Outcome: Percent of registered vehicles with liability insurance 80%

(b) Efficiency: Average wait time in high-volume field offices, in minutes 15

citation to drivers' records upon receipt 15

(3) Property tax:

The purpose of the property tax program is to administer the Property Tax Code to ensure the fair appraisal of property and to assess property taxes within the state.

Appropriations:

(a) Personal services and

employee benefits 495.3 1,909.5 2,404.8

(b) Contractual services 147.4 18.8 166.2

Authorized FTE: 44.00 Permanent; 6.00 Term

Performance measures:

(a) Outcome: Percent of resolved accounts resulting from delinquent

property tax sales 87%

(b) Outcome: Number of counties achieving an eighty-five percent minimum

ratio of assessed value to sales price 33

conducting business within the state 510

(4) Program support:

The purpose of program support is to provide information system resources, human resource services, finance and accounting services, revenue forecasting and legal services in order to give agency personnel the resources needed to meet departmental objectives. For the general public, the program conducts hearings for resolving taxpayer protests and provides stakeholders with reliable information regarding the state=s tax programs.

Appropriations:

(a) Personal services and

employee benefits 12,113.5 178.1 289.5 12,581.1

(b) Contractual services 1,064.6 222.7 1,287.3

Authorized FTE: 208.00 Permanent; 4.00 Term

Performance measures:

(a) Outcome: Number of tax protest cases resolved 728

(b) Outcome: Number of driving while intoxicated driver's license

revocations rescinded due to failure to hold hearing within

ninety-day deadline 20

through the oil and gas administration and revenue

database, by data lines 1,425,000

Subtotal 65,008.7

STATE INVESTMENT COUNCIL:

(1) State investment:

The purpose of the state investment program is to provide investment management of the state's permanent funds for the citizens of New Mexico in order to maximize distributions to the state's operating budget while preserving the real value of the funds for future generations of New Mexicans.

Appropriations:

(a) Personal services and

employee benefits 2,491.1 2,491.1

(b) Contractual services 22,640.6 22,640.6

Authorized FTE: 26.00 Permanent

The other state funds appropriation to the state investment council in the contractual services category includes one million nine hundred twenty-one thousand two hundred dollars ($1,921,200) for payment of custody services associated with the fiscal agent contract upon monthly assessments.

The other state funds appropriation to the state investment council in the contractual services category includes nineteen million nine hundred forty-seven thousand nine hundred dollars ($19,947,900) to be used only for money manager fees.

Performance measures:

(a) Outcome: Five-year annualized percentile performance ranking in

investment consultants cooperative endowment fund universe >49th

(b) Efficiency: Five-year annualized investment returns to exceed internal

benchmarks in basis points >25

Subtotal 25,699.0

DEPARTMENT OF FINANCE AND ADMINISTRATION:

(1) Policy development, fiscal analysis and budget oversight:

The purpose of the policy development, fiscal analysis and budget oversight program is to provide professional, coordinated policy development and analysis and oversight to the governor, the legislature and state agencies so they can advance the state's policies and initiatives using appropriate and accurate data to make informed decisions for the prudent use of the public's tax dollars.

Appropriations:

(a) Personal services and

employee benefits 2,747.6 2,747.6

(b) Contractual services 127.0 127.0

Authorized FTE: 34.80 Permanent

Performance measures:

(a) Outcome: Error rate for eighteen-month general fund revenue forecast 2.75%

(b) Outcome: Average number of days to approve or disapprove budget

adjustment requests 5

(2) Community development, local government assistance and fiscal oversight:

The purpose of the community development, local government assistance and fiscal oversight program is to provide federal and state oversight assistance to counties, municipalities and special districts with planning, implementation and development of fiscal management so that entities can maintain strong, viable, lasting communities.

Appropriations:

(a) Personal services and

employee benefits 1,339.2 904.5 458.4 2,702.1

(b) Contractual services 137.9 99.6 50.5 288.0

Authorized FTE: 26.00 Permanent; 20.00 Term

Performance measures:

(a) Output: Percent of community development block grant closeout

letters issued within forty-five days of review of final

report 65%

(b) Output: Percent of capital outlay projects closed within the

original reversion date 60%

(3) Fiscal management and oversight:

The purpose of the fiscal management and oversight program is to provide for and promote financial accountability for public funds throughout state government and to provide state government agencies and the citizens of New Mexico with timely, factual and comprehensive information on the financial status and expenditures of the state.

Appropriations:

(a) Personal services and

employee benefits 2,864.7 2,864.7

(b) Contractual services 450.5 450.5

Authorized FTE: 51.00 Permanent

Performance measures:

(a) Quality: Percent of time the central accounting system is operational 97%

(b) Quality: Average number of business days required to process payments 4

(4) Program support:

The purpose of program support is to provide other department of finance and administration programs with central direction to agency management processes to ensure consistency, legal compliance and financial integrity; to administer the executive's exempt salary plan; and to review and approve professional services contracts.

Appropriations:

(a) Personal services and

employee benefits 1,207.8 1,207.8

(b) Contractual services 64.4 64.4