HOUSE BILL 2
51st legislature - STATE OF NEW MEXICO - first session, 2013
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. SHORT TITLE.--This act may be cited as the "General Appropriation Act of 2013".
SECTION 2. DEFINITIONS.--As used in the General Appropriation Act of 2013:
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 of 1998, but "general fund" 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 2013;
F. "other state funds" means:
(1) unreserved undesignated fund balances in agency accounts, other than in internal service fund accounts, appropriated by the General Appropriation Act of 2013;
(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 2014, appropriations are made as set out in Section 4 of the General Appropriation Act of 2013 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 2014 shall revert to the general fund by September 30, 2014 unless otherwise indicated in the General Appropriation Act of 2013 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 2013, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2014. If any other act of the first session of the fifty-first 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 2013 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 2013. 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 2013, 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 2013, 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 2012, Chapter 179, Section 4 is repealed effective July 1, 2013.
SECTION 4. FISCAL YEAR 2013 APPROPRIATIONS.--
A. LEGISLATIVE.--Eighteen million two hundred seventy-five thousand two hundred dollars ($18,275,200) is appropriated from the general fund to the legislative council
service for allocation to legislative agencies in fiscal year 2014.
B. JUDICIAL.--Two hundred five million three hundred ninety-one thousand nine hundred dollars ($205,391,900) from the general fund, twenty-three million five hundred twenty-three thousand seven hundred dollars ($23,523,700) from other state funds, eight million four hundred forty-one thousand six hundred dollars ($8,441,600) from internal service funds/interagency transfers and two million three hundred sixty-nine thousand four hundred dollars ($2,369,400) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2014.
C. GENERAL CONTROL.--One hundred sixty-nine million three hundred ninety-one thousand eight hundred dollars ($169,391,800) from the general fund, one billion three hundred thirty million six hundred fifty-four thousand four hundred dollars ($1,330,654,400) from other state funds, twenty-eight million six hundred thirty-six thousand one hundred dollars ($28,636,100) from internal service funds/interagency transfers and thirteen million nine hundred forty-two thousand one hundred dollars ($13,942,100) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2014.
D. COMMERCE AND INDUSTRY.--Forty-nine million one hundred ninety-four thousand three hundred dollars ($49,194,300) from the general fund, sixty-nine million seven hundred twenty-two thousand three hundred dollars ($69,722,300) from other state funds, seventeen million seven hundred forty-two thousand seven hundred dollars ($17,742,700) from internal service funds/interagency transfers and nine hundred twenty thousand dollars ($920,000) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2014.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.--Sixty-nine million eight hundred ninety-seven thousand five hundred dollars ($69,897,500) from the general fund, ninety-two million three hundred eighty-five thousand one hundred dollars
($92,385,100) from other state funds, twenty-one million seven hundred thirty-six thousand seven hundred dollars ($21,736,700) from internal service funds/interagency transfers and thirty-three million four hundred forty-six thousand one hundred dollars ($33,446,100) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resources agencies in fiscal year 2014.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--One billion six hundred forty-eight million three hundred thirty thousand dollars ($1,648,330,000) from the general fund, three hundred thirty-nine million seven hundred forty-one thousand six hundred dollars ($339,741,600) from other state funds, two hundred fifty-four million three hundred twenty-seven thousand eight hundred dollars ($254,327,800) from internal service funds/interagency transfers and four billion four hundred sixty-eight million three hundred twenty-nine thousand seven hundred dollars ($4,468,329,700) from federal funds is appropriated to the department of finance and administration for allocation to health, hospitals and human services agencies in fiscal year 2014.
G. PUBLIC SAFETY.--Three hundred eighty-one million one hundred twenty thousand six hundred dollars ($381,120,600) from the general fund, thirty-one million two hundred five thousand dollars ($31,205,000) from other state funds, twenty-one million two hundred forty-six thousand two hundred dollars ($21,246,200) from internal service funds/interagency transfers and sixty-three million four hundred thirty-three thousand seven hundred dollars ($63,433,700) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2014.
H. TRANSPORTATION.--Four hundred forty-six million three hundred forty-eight thousand two hundred dollars ($446,348,200) from other state funds and four hundred three million four hundred forty-nine thousand dollars ($403,449,000) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2014.
I. OTHER EDUCATION.--Eighty-four million three hundred seventeen thousand six hundred dollars ($84,317,600) from the general fund, ten million two hundred eighteen thousand three hundred dollars ($10,218,300) from other state funds, seventeen thousand six hundred dollars ($17,600) from internal service funds/interagency transfers and twenty-seven million sixty-one thousand seven hundred dollars ($27,061,700) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2014.
J. HIGHER EDUCATION.--Seven hundred eighty-one million seven hundred seventeen thousand nine hundred dollars ($781,717,900) from the general fund, fifty-nine million six hundred thirty-nine thousand one hundred dollars ($59,639,100) from other state funds, forty-four million five hundred twenty-two thousand seven hundred dollars ($44,522,700) from internal service funds/interagency transfers and ten million six hundred forty-four thousand seven hundred dollars ($10,644,700) from federal funds is appropriated to the higher education
department for expenditure or allocation to higher education agencies in fiscal year 2014.
K. PUBLIC SCHOOL SUPPORT.--Two billion four hundred seventy-three million eight hundred thirty-four thousand nine hundred dollars ($2,473,834,900) from the general fund, three million dollars ($3,000,000) from other state funds and four hundred fourteen million two hundred two thousand three hundred dollars ($414,202,300) from federal funds is appropriated to the public education department for expenditure or allocation to public school districts in fiscal year 2014.
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.
- 9 -