HOUSE BILL 2
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Nathan P. Small
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 2024".
SECTION 2. DEFINITIONS.--As used in the General Appropriation Act of 2024:
A. "agency" means an office, department, agency, institution, board, bureau, commission, court, district attorney, council or committee of state government;
B. "efficiency" 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. "explanatory" 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. "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 Leasing Act;
E. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral 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, the appropriation contingency fund, the tax stabilization reserve and any other fund, reserve or account from which general appropriations are restricted by law;
F. "interagency transfers" means revenue, other than internal service funds, legally transferred from one agency to another;
G. "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) balances in agency internal service fund accounts appropriated by the General Appropriation Act of 2024;
H. "other state funds" means:
(1) nonreverting balances in agency accounts, other than in internal service funds accounts, appropriated by the General Appropriation Act of 2024;
(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;
I. "outcome" means the measure of the actual impact or public benefit of a program;
J. "output" means the measure of the volume of work completed or the level of actual services or products delivered by a program;
K. "performance measure" means a quantitative or qualitative indicator used to assess a program;
L. "quality" 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;
M. "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; and
N. "target" 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 "Internal Service Funds/Interagency Transfers" are intergovernmental transfers and do not represent a portion of total state government appropriations. All information designated as "Total" or "Subtotal" is provided for information and amounts are not appropriations.
C. Amounts set out in Section 4 of the General Appropriation Act of 2024, or so much as may be necessary, are appropriated from the indicated source for expenditure in fiscal year 2025 for the objects expressed.
D. Unexpended balances in agency accounts remaining at the end of fiscal year 2024 shall revert to the general fund by October 1, 2024 unless otherwise indicated in the General Appropriation Act of 2024 or otherwise provided by law.
E. Unexpended balances in agency accounts remaining at the end of fiscal year 2025 shall revert to the general fund by October 1, 2025 unless otherwise indicated in the General Appropriation Act of 2024 or otherwise provided by law.
F. 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. 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 2024, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2025. If any other act of the second session of the fifty-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 2024 shall be transferred from the agency, fund or distribution to which an appropriation had 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 shall regularly consult with the legislative finance committee staff to compare fiscal year 2025 revenue collections with the revenue estimate. If the analyses indicate that revenues and transfers to the general fund are not expected to meet appropriations, 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 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. 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 2024 may be expended for payment of agency-issued credit card invoices.
K. For the purpose of administering the General Appropriation Act of 2024, 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.
SECTION 4. FISCAL YEAR 2025 APPROPRIATIONS.--
A. LEGISLATIVE.--Thirty-three million eight hundred ninety-two thousand eight hundred dollars ($33,892,800) from the general fund and four hundred thousand dollars ($400,000) from other state funds is appropriated to the legislative council service for allocation to legislative agencies in fiscal year 2024.
B. JUDICIAL.--Four hundred thirty-eight million four hundred sixty-three thousand four hundred dollars ($438,463,400) from the general fund, twenty-nine million four hundred eighty-three thousand nine hundred dollars ($29,483,900) from other state funds, fourteen million seven hundred seventy-two thousand three hundred dollars ($14,772,300) from internal service funds/interagency transfers and four million seven hundred sixty-three thousand three hundred dollars ($4,763,300) from federal funds is appropriated to the administrative office of the courts for allocation to judicial agencies in fiscal year 2025.
C. GENERAL CONTROL.--Two hundred nineteen million three hundred ninety-seven thousand nine hundred dollars ($219,397,900) from the general fund, one billion four hundred twenty-four million seven hundred eighty-one thousand two hundred dollars ($1,424,781,200) from other state funds, one hundred forty-four million one hundred twenty-seven thousand dollars ($144,127,000) from internal services funds/interagency transfers and thirty-one million five hundred thirty-one thousand one hundred dollars ($31,531,100) from federal funds is appropriated to the department of finance and administration for allocation to general control agencies in fiscal year 2025.
D. COMMERCE AND INDUSTRY.--Ninety-eight million six hundred three thousand four hundred dollars ($98,603,400) from the general fund, two hundred nine million twenty-seven
thousand dollars ($209,027,000) from other state funds, thirty-one million five hundred forty-one thousand nine hundred dollars ($31,541,900) from internal service funds/interagency transfers and one million seven hundred ninety-nine thousand two hundred dollars ($1,799,200) from federal funds is appropriated to the department of finance and administration for allocation to commerce and industry agencies in fiscal year 2025.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.--One hundred twenty-seven million nineteen thousand six hundred dollars ($127,019,600) from the general fund, one hundred thirty-five million two hundred eleven thousand six hundred dollars ($135,211,600) from other state funds, twenty-two million ninety-two thousand three hundred dollars ($22,092,300) from internal service funds/interagency transfers and one hundred ten million thirty-nine thousand seven hundred dollars ($110,039,700) from federal funds is appropriated to the department of finance and administration for allocation to agriculture, energy and natural resources agencies in fiscal year 2025.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--Three billion one hundred seventy-eight million six hundred eighty-four thousand one hundred dollars ($3,178,684,100) from the general fund, eight hundred seventy-five million nine hundred fifty-one thousand seven hundred dollars ($875,951,700) from other state funds, six hundred fifty-four million six hundred thirty-four thousand dollars ($654,634,000) from internal service funds/interagency transfers and ten billion one hundred fourteen million seven hundred sixty thousand five hundred
dollars ($10,114,760,500) from federal funds is appropriated to the department of finance and administration for allocation to health, hospitals and human services agencies in fiscal year 2025.
G. PUBLIC SAFETY.--Five hundred fifty-seven million three hundred fifty-three thousand three hundred dollars ($557,353,300) from the general fund, one hundred thirty-six million twenty-nine thousand six hundred dollars ($136,029,600) from other state funds, twenty-eight million six hundred
eight thousand seven hundred dollars ($28,608,700) from internal service funds/interagency transfers and seventy-seven million five hundred sixty-five thousand six hundred dollars
($77,565,600) from federal funds is appropriated to the department of finance and administration for allocation to public safety agencies in fiscal year 2025.
H. TRANSPORTATION.--Six hundred fifty million four hundred eighty-nine thousand dollars ($650,489,000) from other state funds, nine million eight hundred thousand dollars ($9,800,000) from internal service funds/interagency transfers and five hundred fifty-one million six hundred seventy-six thousand four hundred dollars ($551,676,400) from federal funds is appropriated to the department of finance and administration for allocation to transportation agencies in fiscal year 2025.
I. OTHER EDUCATION.--Eighty-seven million eight hundred eighty thousand five hundred dollars ($87,880,500) from the general fund, seven million three hundred seventeen thousand five hundred dollars ($7,317,500) from other state funds, seven million five hundred fifty-seven thousand nine hundred dollars ($7,557,900) from internal service funds/interagency transfers and thirty-one million seven hundred twenty-eight thousand two hundred dollars ($31,728,200) from federal funds is appropriated to the department of finance and administration for allocation to other education agencies in fiscal year 2025.
J. HIGHER EDUCATION.--One billion three hundred twenty-seven million one hundred ninety-six thousand one hundred dollars ($1,327,196,100) from the general fund, one billion nine hundred ninety-six million seven hundred sixty-nine thousand three hundred dollars ($1,996,769,300) from other state funds, forty-eight million nine hundred five thousand eight hundred dollars ($48,905,800) from internal service funds/interagency transfers and eight hundred thirty-eight million four hundred twenty-six thousand eight hundred dollars ($838,426,800) from federal funds is appropriated to the higher education department for expenditure or allocation to higher education agencies in fiscal year 2025.
K. PUBLIC SCHOOL SUPPORT.--Four billion three hundred seventy-one million ten thousand six hundred dollars ($4,371,010,600) from the general fund, seven million dollars ($7,000,000) from other state funds and five hundred seventy-nine million five hundred thousand dollars ($579,500,000) from federal funds is appropriated to the public education department for expenditure or allocation to public school districts and charter schools in fiscal year 2025.
SECTION 5. FUND TRANSFERS.--Notwithstanding the provisions of Sections 6-4-9 and 6-4-11 NMSA 1978 or other substantive law, the department of finance and administration shall transfer an amount from the tobacco settlement permanent fund to the tobacco settlement program fund equal to the difference between appropriations in Section 4 of the General Appropriation Act of 2024 made from the tobacco settlement program fund and the amount transferred to the tobacco settlement program fund pursuant to Subsection B of Section 6-4-9 NMSA 1978 in fiscal year 2025 to fully fund appropriations made from the tobacco settlement program fund contained in Section 4 of the General Appropriation Act of 2024.
SECTION 6. 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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