SENATE BILL 640
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Joseph A. Fidel
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 "General Appropriation Act of 2005".
Section 2. DEFINITIONS.--As used in the General Appropriation Act of 2005:
A. "agency" means an office, department, agency, institution, board, bureau, commission, court, district attorney, council or committee of state government;
B. "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;
C. "general 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 of 1998, but excludes the general fund operating reserve and the appropriation contingency fund, the tax stabilization reserve and any other fund, reserve or account from which general appropriations are restricted by law;
D. "interagency transfers" means revenue, other than internal service funds, legally transferred from one agency to another;
E. "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 2005;
F. "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 2005;
(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
G. "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 2006, appropriations are made as set out in Section 4 of the General Appropriation Act of 2005 from the general fund, internal service funds and interagency transfers or other state funds 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 2006 shall revert to the general fund by October 1, 2006, unless otherwise indicated in the General Appropriation Act of 2005 or otherwise provided by law.
C. The state budget division of the department of finance and administration 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 2005, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2006. If any other act of the first session of the forty-seventh 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 2005 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. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, the state budget division may approve budget increases for fiscal year 2006 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, grants, donations, bequests, insurance settlements, refunds or payments into revolving funds exceed specifically appropriated amounts. If approved by the state budget division, such money is appropriated.
F. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, the state budget division may approve increases in budgets for state agencies whose revenues from other state funds, internal service funds and interagency transfers exceed amounts specified in the General Appropriation Act of 2005. If approved by the state budget division, such increases in other state funds, internal service funds and interagency transfers are hereby appropriated.
G. When approving operating budgets based on appropriations in the General Appropriation Act of 2005, 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.
H. Laws 2004, Chapter 114, Section 4 is repealed effective July 1, 2005.
Section 4. FISCAL YEAR 2006 APPROPRIATIONS.--
A. LEGISLATIVE.--Fifteen million eight hundred twenty-seven thousand seven hundred dollars ($15,827,700) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2006.
B. JUDICIAL.--One hundred fifty-two million six hundred twenty-nine thousand seven hundred dollars ($152,629,700) from the general fund, two million two hundred thirteen thousand two hundred dollars ($2,213,200) from other state funds, nineteen million four hundred forty-four thousand nine hundred dollars ($19,444,900) from internal service funds/interagency transfers and six million one hundred twenty-four thousand nine hundred dollars ($6,124,900) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2006.
C. GENERAL CONTROL.--One hundred fifty-three million eighty-five thousand two hundred dollars ($153,085,200) from the general fund, three hundred eighty-three million two hundred seventy thousand dollars ($383,270,000) from other state funds, five hundred thirty-eight million one hundred fifty-three thousand one hundred dollars ($538,153,100) from internal service funds/interagency transfers and twenty-three million three hundred thirty-three thousand five hundred dollars ($23,333,500) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2006.
D. COMMERCE AND INDUSTRY.--Forty-seven million five thousand three hundred dollars ($47,005,300) from the general fund, thirty-four million four hundred three thousand three hundred dollars ($34,403,300) from other state funds, sixteen million two hundred forty-one thousand seven hundred dollars ($16,241,700) from internal service funds/interagency transfers and eight hundred two thousand three hundred dollars ($802,300) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2006.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.--Sixty-seven million six hundred eleven thousand six hundred dollars ($67,611,600) from the general fund, fifty-five million eighty-eight thousand eight hundred dollars ($55,088,800) from other state funds, forty-one million five hundred seventy-seven thousand two hundred dollars ($41,577,200) from internal service funds/interagency transfers and thirty million six hundred eighty-four thousand six hundred dollars ($30,684,600) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resource agencies in fiscal year 2006.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--One billion one hundred thirteen million four hundred eighty-nine thousand six hundred dollars ($1,113,489,600) from the general fund, forty-four million nine hundred five thousand seven hundred dollars ($44,905,700) from other state funds, three hundred sixty-six million seven hundred fifty-one thousand two hundred dollars ($366,751,200) from internal service funds/interagency transfers and two billion eight hundred twelve million sixty-nine thousand seven hundred dollars ($2,812,069,700) from federal funds is appropriated to the department of finance and administration for allocation to health, hospitals and human services agencies in fiscal year 2006.
G. PUBLIC SAFETY.--Two hundred ninety-two million four hundred seven thousand eight hundred dollars ($292,407,800) from the general fund, sixteen million one hundred sixty-six thousand six hundred dollars ($16,166,600) from other state funds, twenty million nine hundred twenty-two thousand five hundred dollars ($20,922,500) from internal service funds/interagency transfers and fifty-one million one hundred ninety-one thousand eight hundred dollars ($51,191,800) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2006.
H. TRANSPORTATION.--Six million six hundred sixty-nine thousand three hundred dollars ($6,669,300) from other state funds, four hundred six million nine hundred thirty-one thousand four hundred dollars ($406,931,400) from internal service funds/interagency transfers and three hundred ten million fifty-one thousand seven hundred dollars ($310,051,700) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2006.
I. OTHER EDUCATION.--Twenty-nine million three hundred one thousand two hundred dollars ($29,301,200) from the general fund, four million nine hundred fifty-two thousand three hundred dollars ($4,952,300) from internal service funds/interagency transfers and seventeen million eighteen thousand five hundred dollars ($17,018,500) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2006.
J. HIGHER EDUCATION.--Six hundred eighty-nine million four hundred forty-three thousand one hundred dollars ($689,443,100) from the general fund, seven hundred five million thirty thousand seven hundred dollars ($705,030,700) from other state funds, twenty-nine million three hundred sixty-two thousand dollars ($29,362,000) from internal service funds/interagency transfers and four hundred twenty-four million three hundred ninety-three thousand dollars ($424,393,000) from federal funds is appropriated to the commission on higher education for expenditure or allocation to higher education agencies in fiscal year 2006.
K. PUBLIC SCHOOL SUPPORT.--Two billion forty-seven million thirteen thousand five hundred dollars ($2,047,013,500) from the general fund, one million three hundred thousand dollars ($1,300,000) from other state funds and three hundred fifty-two million three hundred dollars ($352,000,300) from federal funds is appropriated to the public education department for expenditure or allocation to public school districts in fiscal year 2006.
Section 5. 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.
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