HOUSE BILL 2
49th legislature - STATE OF NEW MEXICO - second session, 2010
INTRODUCED BY
Henry 'Kiki' Saavedra
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. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 6 of this act may be cited as the "General Appropriation Act of 2010".
Section 2. [NEW MATERIAL] DEFINITIONS.--As used in the General Appropriation Act of 2010:
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 federal block grants 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;
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) unreserved undesignated fund balances in agency internal service fund accounts appropriated by the General Appropriation Act of 2010;
F. "other state funds" means:
(1) unreserved undesignated balances in agency accounts, other than in internal service fund accounts, appropriated by the General Appropriation Act of 2010;
(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. [NEW MATERIAL] GENERAL PROVISIONS.--
A. For fiscal year 2011, appropriations are made as set out in Section 4 of the General Appropriation Act of 2010 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 unreserved undesignated fund balances.
B. Unreserved undesignated fund balances in agency accounts remaining at the end of fiscal year 2011 shall revert to the general fund by September 30, 2011, unless otherwise indicated in the General Appropriation Act of 2010 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 2010, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2011. If any other act of the second session of the forty-ninth 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 2010 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 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 2010. If approved by the state budget division, such increases in other state funds, internal service funds and interagency transfers are hereby appropriated.
F. For the purpose of administering the General Appropriation Act of 2010, the state 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.
G. When approving budgets based on appropriations in the General Appropriation Act of 2010, 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 2009, Chapter 124, Section 4 is repealed effective July 1, 2010.
Section 4. [NEW MATERIAL] FISCAL YEAR 2011
APPROPRIATIONS.--
A. LEGISLATIVE.--Eighteen million four hundred fifty-six thousand seven hundred dollars ($18,456,700) is appropriated from the general fund to the legislative council service for allocation to legislative agencies in fiscal year 2011.
B. JUDICIAL.--Two hundred four million one hundred twenty-seven thousand three hundred dollars ($204,127,300) from the general fund, twenty million two hundred fifty thousand six hundred dollars ($20,250,600) from other state funds, eight million eighty thousand eight hundred dollars ($8,080,800) from internal service funds/interagency transfers and two million two hundred eighteen thousand four hundred dollars ($2,218,400) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2011.
C. GENERAL CONTROL.--One hundred eighty-seven million four hundred eighty-eight thousand one hundred dollars ($187,488,100) from the general fund, one billion two hundred forty-nine million eighty-eight thousand five hundred dollars ($1,249,088,500) from other state funds, twenty-seven million five hundred four thousand four hundred dollars ($27,504,400) from internal service funds/interagency transfers and seventeen million eight hundred forty-two thousand eight hundred dollars ($17,842,800) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2011.
D. COMMERCE AND INDUSTRY.--Fifty-four million eight hundred sixteen thousand nine hundred dollars ($54,816,900) from the general fund, forty-nine million one hundred thousand one hundred dollars ($49,100,100) from other state funds, seventeen million one hundred forty-five thousand five hundred dollars ($17,145,500) from internal service funds/interagency transfers and six hundred eighty thousand five hundred dollars ($680,500) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2011.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.--
Seventy-seven million seven hundred eighty-one thousand dollars ($77,781,000) from the general fund, eighty-three million eight hundred sixty-three thousand nine hundred dollars ($83,863,900) from other state funds, twenty-one million three hundred seventy-nine thousand five hundred dollars ($21,379,500) from internal service funds/interagency transfers and thirty-six million one hundred sixty-four thousand dollars ($36,164,000) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resource agencies in fiscal year 2011.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--One billion two hundred seventy-four million seven hundred forty-two thousand nine hundred dollars ($1,274,742,900) from the general fund, two hundred eighty-eight million three hundred fifty-three thousand four hundred dollars ($288,353,400) from other state funds, two hundred thirty-two million five hundred thirty-three thousand three hundred dollars ($232,533,300) from internal service funds/interagency transfers and four billion one hundred thirteen million three hundred sixty-one thousand two hundred dollars ($4,113,361,200) from federal funds is appropriated to the department of finance and administration for allocation to health, hospitals and human services agencies in fiscal year 2011.
G. PUBLIC SAFETY.--Three hundred eighty-five million four hundred nineteen thousand six hundred dollars ($385,419,600) from the general fund, twenty-nine million six hundred thirty-six thousand two hundred dollars ($29,636,200) from other state funds, twelve million one hundred fifty-four thousand six hundred dollars ($12,154,600) from internal service funds/interagency transfers and sixty-five million seven hundred thirty-six thousand two hundred dollars ($65,736,200) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2011.
H. TRANSPORTATION.--Four hundred five million four hundred fifteen thousand seven hundred dollars ($405,415,700) from other state funds and three hundred sixty-six million five hundred twelve thousand seven hundred dollars ($366,512,700) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2011.
I. OTHER EDUCATION.--Forty-five million four hundred ninety thousand dollars ($45,490,000) from the general fund, eighteen million eight hundred fifty thousand two hundred dollars ($18,850,200) from other state funds, ninety thousand six hundred dollars ($90,600) from internal service funds/interagency transfers and fifty-four million ninety-one thousand dollars ($54,091,000) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2011.
J. HIGHER EDUCATION.--Eight hundred thirty-seven million seven hundred nine thousand dollars ($837,709,000) from the general fund, one billion three hundred seventy-four million six hundred seventeen thousand eight hundred dollars ($1,374,617,800) from other state funds, forty-three million dollars ($43,000,000) from internal service funds/interagency transfers and six hundred two million six hundred one thousand eight hundred dollars ($602,601,800) from federal funds is appropriated to the higher education department for expenditure or allocation to higher education agencies in fiscal year 2011.
K. PUBLIC SCHOOL SUPPORT.--Two billion four hundred sixty-four million two hundred ninety-two thousand eight hundred dollars ($2,464,292,800) from the general fund, eight hundred fifty thousand dollars ($850,000) from other state funds and six hundred twenty-seven million ninety-two thousand dollars ($627,092,000) from federal funds is appropriated to the public education department for expenditure or allocation to public school districts in fiscal year 2011.
Section 5. [NEW MATERIAL] APPROPRIATION REDUCTIONS.--
A. General fund appropriations in Section 4 of the General Appropriation Act of 2010 to agencies affected by reduced telecommunications rates are reduced by a total of five hundred thousand dollars ($500,000) to reflect those reduced department of information technology telecommunications rates.
B. General fund appropriations in Section 4 of the General Appropriation Act of 2010 to agencies affected by reduced premiums are reduced by a total of one million nine hundred seventy-eight thousand six hundred dollars ($1,978,600) to reflect reduced general services department risk management division public liability and property premiums.
C. General fund appropriations in Section 4 of the General Appropriation Act of 2010 to agencies affected by reduced assessments are reduced by a total of three hundred sixty-six thousand eight hundred dollars ($366,800) to reflect reduced department of information technology statewide human resource, accounting and management reporting system assessments.
D. General fund appropriations in Section 4 of the General Appropriation Act of 2010 to affected agencies are reduced by twenty-five million dollars ($25,000,000) to reflect reductions recommended by the committee on government efficiency.
E. General fund appropriations in Section 4 of the General Appropriation Act of 2010 are reduced by a total of one hundred fifty-eight million eighty-nine thousand eight hundred dollars ($158,089,800) to implement savings measures agreed to by the governor and legislature.
F. General fund appropriations in Section 4 of the General Appropriation Act of 2010 to agencies covered by a state system employing persons who have retired from a state system and returned to work without suspending their retirement are reduced by a total of four million dollars ($4,000,000) to reflect savings resulting from the elimination of the right of such retired persons to return to work for an agency covered by a state system without suspending their retirement. This reduction is contingent upon enactment of a bill of the second session of the forty-ninth legislature prohibiting retirees from a state system from returning to work with an agency covered by a state system without suspending their retirement. As used in this subsection, "state system" means a retirement program provided for in the Educational Retirement Act, the Public Employees Retirement Act, the Magistrate Retirement Act or the Judicial Retirement Act.
G. General fund appropriations in Section 4 of the General Appropriation Act of 2010 to affected agencies are reduced by a total of three million nine hundred seventy-six thousand four hundred dollars ($3,976,400) to reflect savings realized by keeping exempt positions vacant.
H. The reductions in Subsections A through G of this section are cumulative.
I. In order to effectuate the reductions made in Subsections A through G of this section, the state budget division of the department of finance and administration shall reduce the operating budget of each agency affected by a reduction.
Section 6. [NEW MATERIAL] TRANSFER AUTHORITY.--If revenue and transfers to the general fund as of the end of fiscal year 2010 are not sufficient to meet appropriations, the governor, with state board of finance approval, may transfer at the end of that year the amount necessary to meet the year's obligations from the unexpended balance remaining in the separate account of the appropriation contingency fund dedicated to implementing and maintaining educational reforms created in Laws 2004, Chapter 114, Section 12 in a total not to exceed fifty-nine million dollars ($59,000,000).
Section 7. A new section of the General Appropriation Act of 2009 is enacted to read:
"[NEW MATERIAL] FISCAL YEAR 2010 REVERSIONS TO IMPLEMENT EXECUTIVE ORDER 2009-044.--Notwithstanding any other provision of the General Appropriation Act of 2009 or other law concerning the timing of reversions or the nonreverting status of funds to the contrary, agencies listed in Subsection A of Section 1 of Executive Order 2009-044 shall revert to the general fund on June 30, 2010 an amount equal to the sum of (1) the expenditure restriction for the agency set forth in Subsection A of Section 1 of the executive order; and (2) the amount of personal services and employee benefit savings at the agency to be realized pursuant to the furlough plan adopted pursuant to Section 2 of the executive order."
Section 8. 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.
- 13 -