0001| HOUSE BILL 722
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| MAX COLL
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO BUDGETS; SPECIFICALLY AUTHORIZING CERTAIN AGENCIES
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0013| TO REQUEST CERTAIN BUDGET ADJUSTMENTS DURING FISCAL YEAR 1997;
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0014| MAKING AN APPROPRIATION.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. BUDGET ADJUSTMENT REQUESTS AUTHORIZED.--
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0018| A. As used in this section:
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0019| (1) "agency" means an office, department,
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0020| agency, institution, board, bureau, commission, court, district
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0021| attorney, council or committee of state government;
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0022| (2) "budget increase" means an approved
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0023| increase in expenditures by an agency or division from a
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0024| specific source;
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0025| (3) "budget category" means an item or an
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0001| aggregation of related items that represents the object of an
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0002| appropriation. "Budget category" includes personal services,
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0003| employee benefits, travel, maintenance and repairs, supplies and
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0004| materials, contractual services, operating costs, other costs,
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0005| capital outlay, out-of-state travel and other financing uses;
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0006| (4) "category transfer" means an approved
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0007| transfer of funds from one budget category to another budget
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0008| category; provided that a category transfer does not include a
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0009| transfer of funds between divisions;
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0010| (5) "division" means an organizational unit
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0011| within an agency that is the recipient of an appropriation;
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0012| (6) "division transfer" means an approved
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0013| transfer of funds from one division of an agency to another
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0014| division of that agency; provided that the annual cumulative
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0015| effect of division transfers shall not increase or decrease the
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0016| appropriation to any division by more than seven and one-half
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0017| percent;
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0018| (7) "interagency transfer" means revenue
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0019| transferred from one agency to another through contracts or
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0020| joint powers agreements;
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0021| (8) "internal service funds" means:
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0022| (a) revenue transferred to an agency for
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0023| the financing of goods or services to another agency on a cost-reimbursement basis; and
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0024| (b) unencumbered balances in agency
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0025| internal service fund accounts appropriated by the General
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0001| Appropriation Act of 1996; and
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0002| (9) "other state funds" means:
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0003| (a) unencumbered, nonreverting balances
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0004| in agency accounts, other than those in internal service funds
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0005| accounts, appropriated by the General Appropriation Act of 1996;
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0006| (b) all revenue available to agencies from
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0007| sources other than the general fund, internal service funds,
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0008| interagency transfers and federal funds; and
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0009| (c) all revenue, the use of which is
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0010| restricted by statute or agreement.
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0011| B. Pursuant to Sections 6-3-23 through 6-3-25 NMSA
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0012| 1978, the following agencies or divisions are specifically
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0013| authorized to request the specified budget adjustments during
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0014| fiscal year 1997:
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0015| (1) the legislative council service may request
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0016| category transfers;
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0017| (2) the supreme court law library may request
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0018| category transfers;
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0019| (3) the New Mexico compilation commission may
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0020| request budget increases from other state funds and from
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0021| internal service funds/interagency transfers and may request
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0022| category transfers;
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0023| (4) the judicial standards commission may
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0024| request category transfers;
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0025| (5) the court of appeals may request category
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0001| transfers;
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0002| (6) the supreme court may request budget
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0003| increases from other state funds and may request category
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0004| transfers;
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0005| (7) the administrative office of the courts may
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0006| request category transfers;
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0007| (8) the supreme court building commission may
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0008| request category transfers;
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0009| (9) the jury and witness fee fund may request
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0010| budget increases from other state funds and may request category
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0011| transfers;
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0012| (10) each district court may request budget
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0013| increases from other state funds and from internal service
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0014| funds/interagency transfers and may request category transfers;
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0015| (11) the Bernalillo county metropolitan court
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0016| may request budget increases from other state funds and may
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0017| request category transfers;
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0018| (12) each district attorney may request budget
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0019| increases from other state funds and from internal service
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0020| funds/interagency transfers and may request category transfers;
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0021| (13) the administrative office of the district
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0022| attorneys may request budget increases from other state funds
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0023| and may request category transfers;
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0024| (14) the attorney general may request budget
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0025| increases from other state funds and may request category
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0001| transfers;
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0002| (15) the state auditor may request budget
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0003| increases from other state funds and from internal service
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0004| funds/interagency transfers and may request category transfers;
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0005| (16) the taxation and revenue department may
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0006| request budget increases from other state funds and from
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0007| internal service funds/interagency transfers and may request
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0008| category transfers;
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0009| (17) the state investment council may request
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0010| budget increases from internal service funds/interagency
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0011| transfers and may request category transfers;
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0012| (18) the department of finance and
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0013| administration may request budget increases from other state
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0014| funds and from internal service funds/interagency transfers,
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0015| may request category transfers and may request division
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0016| transfers;
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0017| (19) the operations division of the public
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0018| school insurance authority may request category transfers;
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0019| (20) the benefits division and the risk
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0020| division of the public school insurance authority may request
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0021| budget increases from internal service funds/interagency
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0022| transfers;
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0023| (21) the administration component of the
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0024| retiree health care authority may request category transfers;
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0025| (22) the benefits division of the retiree
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0001| health care authority may request budget increases from internal
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0002| service funds/interagency transfers;
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0003| (23) the general services department may
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0004| request category transfers;
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0005| (24) the general services department may
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0006| request budget increases from other state funds for the
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0007| telecommunications access fund;
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0008| (25) the purchasing division of the general
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0009| services department may request budget increases from other
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0010| state funds and from internal service funds/interagency
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0011| transfers;
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0012| (26) the educational retirement board may
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0013| request budget increases from other state funds and may request
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0014| category transfers;
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0015| (27) the public defender department may request
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0016| budget increases from other state funds and from internal
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0017| service funds/interagency transfers and may request category
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0018| transfers;
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0019| (28) the governor may request budget increases
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0020| from other state funds and from internal service
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0021| funds/interagency transfers and may request category transfers;
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0022| (29) the criminal and juvenile justice
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0023| coordinating council may request budget increases from other
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0024| state funds;
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0025| (30) the lieutenant governor may request
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0001| category transfers;
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0002| (31) the public employees retirement
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0003| association may request category transfers and division
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0004| transfers, except that funds authorized for investment manager
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0005| fees within the contractual services category of the
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0006| administrative division shall not be transferred;
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0007| (32) the administrative division of the public
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0008| employees retirement association may request budget increases
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0009| from other state funds for investment manager fees in an amount
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0010| not to exceed the fees specified in investment manager contracts
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0011| approved by the retirement board of the public employees
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0012| retirement association and the department of finance and
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0013| administration;
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0014| (33) the maintenance division of the public
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0015| employees retirement association may request budget increases
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0016| from other state funds in an amount not to exceed three hundred
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0017| thousand dollars ($300,000) for building maintenance;
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0018| (34) the state commission of public records may
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0019| request budget increases from internal service funds/interagency
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0020| transfers and may request category transfers;
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0021| (35) the secretary of state may request
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0022| category transfers;
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0023| (36) the personnel board may request category
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0024| transfers;
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0025| (37) the public employee labor relations board
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0001| may request category transfers;
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0002| (38) the state treasurer may request category
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0003| transfers;
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0004| (39) the board of examiners for architects may
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0005| request budget increases from other state funds and may request
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0006| category transfers;
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0007| (40) the border authority may request category
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0008| transfers;
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0009| (41) the tourism department may request budget
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0010| increases from other state funds, may request category transfers
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0011| and may request division transfers;
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0012| (42) the economic development department may
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0013| request budget increases from other state funds and from
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0014| internal service funds/interagency transfers, may request
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0015| category transfers and may request division transfers;
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0016| (43) the regulation and licensing department
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0017| may request category transfers and division transfers;
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0018| (44) the boards and commissions section of the
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0019| administrative services division of the regulation and licensing
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0020| department may request budget increases from internal service
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0021| funds/interagency transfers;
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0022| (45) the regulation and licensing department
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0023| may request transfers from the twenty-eight boards and
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0024| commissions under the administration of the department to the
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0025| administrative services division for the indirect cost
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0001| allocation of the computer enhancement fund and payroll;
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0002| (46) the twenty-eight boards and commissions
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0003| under the administration of the regulation and licensing
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0004| department, the real estate recovery fund and the securities
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0005| education and training fund may request budget increases from
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0006| other state funds and may request category transfers;
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0007| (47) the state corporation commission may
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0008| request category transfers and may request division transfers;
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0009| (48) the department of insurance of the state
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0010| corporation commission may request budget increases from other
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0011| state funds;
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0012| (49) the New Mexico board of medical examiners
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0013| may request budget increases from other state funds and may
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0014| request category transfers;
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0015| (50) the board of nursing may request budget
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0016| increases from other state funds and may request category
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0017| transfers;
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0018| (51) the state fair commission may request
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0019| budget increases from other state funds and may request category
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0020| transfers;
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0021| (52) the state board of registration for
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0022| professional engineers and surveyors may request budget
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0023| increases from other state funds and may request category
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0024| transfers;
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0025| (53) the state racing commission may request
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0001| category transfers;
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0002| (54) the New Mexico apple commission may
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0003| request budget increases from other state funds and may request
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0004| category transfers;
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0005| (55) the board of veterinary medicine may
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0006| request budget increases from other state funds and may request
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0007| category transfers;
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0008| (56) the office of cultural affairs may request
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0009| budget increases from other state funds and from internal
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0010| service funds/interagency transfers, may request category
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0011| transfers and may request division transfers;
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0012| (57) the New Mexico livestock board may request
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0013| budget increases from other state funds and may request category
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0014| transfers;
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0015| (58) the department of game and fish may
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0016| request budget increases from other state funds and from
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0017| internal service funds/interagency transfers and may request
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0018| category transfers;
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0019| (59) for the share with wildlife program, the
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0020| department of game and fish may request budget increases from
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0021| other state funds;
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0022| (60) for the endangered species program, the
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0023| department of game and fish may request budget increases from
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0024| other state funds and may request category transfers;
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0025| (61) the energy, minerals and natural resources
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0001| department may request budget increases from other state funds
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0002| and from internal service funds/interagency transfers;
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0003| (62) the administrative services division, the
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0004| energy conservation and management division, the forestry
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0005| division, the state park and recreation division, the mining and
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0006| minerals division and the oil conservation division of the
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0007| energy, minerals and natural resources department may request
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0008| category transfers;
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0009| (63) the intertribal ceremonial association may
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0010| request budget increases from other state funds and may request
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0011| category transfers;
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0012| (64) the commissioner of public lands may
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0013| request budget increases from other state funds and may request
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0014| category transfers;
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0015| (65) the New Mexico peanut commission may
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0016| request budget increases from other state funds and may request
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0017| category transfers;
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0018| (66) the state engineer may request budget
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0019| increases from other state funds and may request category
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0020| transfers;
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0021| (67) for Ute dam operation, the state engineer
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0022| may request budget increases from internal service funds/
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0023| interagency transfers;
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0024| (68) the New Mexico public utility commission
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0025| may request category transfers;
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0001| (69) the organic commodity commission may
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0002| request budget increases from other state funds and may request
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0003| category transfers;
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0004| (70) the commission on the status of women may
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0005| request category transfers;
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0006| (71) the commission for deaf and hard-of-
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0007| hearing persons may request budget increases from internal
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0008| service funds/interagency transfers and may request category
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0009| transfers;
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0010| (72) the Martin Luther King, Jr. commission may
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0011| request category transfers;
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0012| (73) the commission for the blind may request
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0013| budget increases from other state funds and may request category
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0014| transfers;
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0015| (74) the New Mexico office of Indian affairs
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0016| may request budget increases from internal service funds/
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0017| interagency transfers and may request category transfers;
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0018| (75) the state agency on aging may request
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0019| budget increases from other state funds and from internal
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0020| service funds/interagency transfers, may request category
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0021| transfers and may request division transfers;
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0022| (76) the human services department may request
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0023| budget increases from other state funds and from internal
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0024| service funds/interagency transfers, may request category
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0025| transfers and may request division transfers;
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0001| (77) the labor department may request category
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0002| transfers and division transfers;
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0003| (78) the workers' compensation administration
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0004| may request budget increases from other state funds, may request
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0005| category transfers and may request division transfers;
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0006| (79) the division of vocational rehabilitation
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0007| of the state department of public education may request budget
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0008| increases from other state funds and from internal service
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0009| funds/interagency transfers and may request category transfers;
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0010| (80) the governor's committee on concerns of
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0011| the handicapped may request budget increases from internal
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0012| service funds/interagency transfers and may request category
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0013| transfers;
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0014| (81) the developmental disabilities planning
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0015| council may request budget increases from internal service
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0016| funds/interagency transfers and may request category transfers;
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0017| (82) the miners' hospital of New Mexico may
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0018| request budget increases from other state funds and may request
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0019| category transfers;
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0020| (83) the department of health may request
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0021| budget increases from other state funds and from internal
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0022| service funds/interagency transfers, may request category
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0023| transfers and may request division transfers;
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0024| (84) the department of environment may request
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0025| category transfers;
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0001| (85) the environmental protection division,
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0002| field operations division and water and waste management
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0003| division of the department of environment may request budget
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0004| increases from other state funds and from internal service
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0005| funds/interagency transfers;
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0006| (86) the office of the natural resources
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0007| trustee may request budget increases from other state funds and
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0008| from internal service funds/interagency transfers and may
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0009| request category transfers;
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0010| (87) the New Mexico health policy commission
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0011| may request budget increases from other state funds and may
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0012| request category transfers;
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0013| (88) the New Mexico veterans' service
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0014| commission may request category transfers;
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0015| (89) the children, youth and families
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0016| department may request budget increases from other state funds
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0017| and from internal service funds/interagency transfers, may
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0018| request category transfers and may request division transfers;
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0019| (90) the department of military affairs may
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0020| request category transfers;
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0021| (91) the state armory board may request budget
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0022| increases from other state funds and from internal service
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0023| funds/interagency transfers and may request category transfers,
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0024| except that no transfers shall be made from the maintenance and
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0025| repairs category;
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0001| (92) the crime stoppers commission may request
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0002| budget increases from other state funds and from internal
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0003| service funds/interagency transfers and may request category
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0004| transfers;
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0005| (93) the parole board may request category
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0006| transfers;
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0007| (94) the juvenile parole board may request
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0008| category transfers;
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0009| (95) the corrections department may request
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0010| budget increases from other state funds and from internal
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0011| service funds/interagency transfers, may request category
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0012| transfers and may request division transfers;
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0013| (96) the crime victims reparation commission
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0014| may request budget increases from other state funds and from
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0015| internal service funds/interagency transfers and may request
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0016| category transfers;
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0017| (97) the department of public safety may
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0018| request budget increases from other state funds and from
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0019| internal service funds/interagency transfers, excluding state
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0020| forfeitures and forfeiture balances;
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0021| (98) the department of public safety may
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0022| request division transfers among the special investigations
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0023| division, the training and recruiting division, the New Mexico
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0024| state police division and the technical and emergency support
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0025| division;
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0001| (99) the special investigations division, the
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0002| training and recruiting division, the New Mexico state police
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0003| division and the technical and emergency support division of the
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0004| department of public safety may request category transfers;
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0005| (100) the state highway and transportation
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0006| department may request budget increases from other state funds
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0007| other than the state road fund for the office of the secretary,
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0008| the administrative division, the engineering design division,
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0009| the field operations division, the aviation division, the
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0010| transportation programs division and the transportation planning
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0011| division;
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0012| (101) for the purpose of matching federal
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0013| funds, the state highway and transportation department may
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0014| request budget increases from the state road fund for the office
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0015| of the secretary, the administrative division, the engineering
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0016| design division, the field operations division, the aviation
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0017| division, the transportation programs division and the
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0018| transportation planning division;
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0019| (102) the state highway and transportation
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0020| department may request division transfers among the office of
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0021| the secretary, the administrative division, the engineering
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0022| design division, the field operations division, the aviation
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0023| division, the transportation programs division and the
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0024| transportation planning division;
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0025| (103) the state highway and transportation
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0001| department may request category transfers;
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0002| (104) the road betterment division of the state
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0003| highway and transportation department may request budget
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0004| increases from other state funds, including the state road fund;
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0005| (105) the state transportation authority may
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0006| request category transfers;
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0007| (106) the state department of public education
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0008| may request budget increases from internal service funds/
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0009| interagency transfers and may request category transfers; and
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0010| (107) the commission on higher education may
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0011| request category transfers.
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0012| Section 2. EMERGENCY BUDGET INCREASES--MAKING AN
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0013| APPROPRIATION.--
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0014| A. Upon a showing by an agency that a critical need
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0015| exists for authorization for additional expenditures during
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0016| fiscal year 1997 and that the critical need cannot be met
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0017| because the agency does not have the authority under Section 1
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0018| of this act to request the necessary budget increase, category
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0019| transfer or division transfer, then the board of finance may
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0020| transfer the amount needed to the agency. Notwithstanding the
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0021| provisions of Sections 6-3-23 through 6-3-25 NMSA 1978, the
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0022| agency's budget shall be increased by the amount of the
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0023| transfer.
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0024| B. Before a transfer is made pursuant to Subsection
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0025| A of this section, the board of finance shall notify the
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0001| legislative finance committee of the critical need and the
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0002| reason that the need cannot be met with the agency's existing
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0003| budget adjustment authority.
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0004| C. One hundred thousand dollars ($100,000) is
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0005| appropriated from the general fund to the board of finance
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0006| emergency fund for expenditure during fiscal year 1997 for the
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0007| purpose of making transfers pursuant to Subsection A of this
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0008| section. Any unexpended or unencumbered balance remaining at
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0009| the end of fiscal year 1997 shall revert to the general fund.
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0010| D. Any transfer authorized by the provisions of this
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0011| section is additional to any loan or grant of emergency funds by
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0012| the state board of finance pursuant to Section 6-1-2 NMSA 1978.
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0013| State of New Mexico
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0014| House of Representatives
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0015|
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0016| FORTY-SECOND LEGISLATURE
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0017| SECOND SESSION, 1996
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0018|
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0019|
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0020| February 3, 1996
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0021|
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0022|
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0023| Mr. Speaker:
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0024|
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0025| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0001| whom has been referred
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0002|
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0003| HOUSE BILL 722
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO PASS.
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013| Max Coll, Chairman
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0014|
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0015|
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0016| Adopted Not Adopted
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0017|
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0018| (Chief Clerk) (Chief Clerk)
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0019|
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0020| Date
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0021|
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0022| The roll call vote was 11 For 4 Against
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0023| Yes: 11
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0024| No: Bird, Buffett, Knowels, Reyes
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0025| Excused: Abeyta, Gentry, Salazar
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0001| Absent: None
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0002|
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0003| H0722AF1
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0004|
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0005|
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0006| FORTY-SECOND LEGISLATURE
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0007| SECOND SESSION, 1996
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0008|
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0009|
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0010| February 11, 1996
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0011|
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0012| Mr. President:
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0013|
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0014| Your FINANCE COMMITTEE, to whom has been referred
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0015|
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0016| HOUSE BILL 722
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0017|
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0018| has had it under consideration and reports same with
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0019| recommendation that it DO PASS.
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0020|
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0021| Respectfully submitted,
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0022|
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0023|
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0024|
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0025| __________________________________
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0001| Ben D. Altamirano, Chairman
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0002|
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0003|
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0004|
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0005| Adopted_______________________ Not Adopted_______________________
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008|
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0009|
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0010| Date ________________________
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0011|
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0012|
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0013| The roll call vote was 8 For 0 Against
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0014| Yes: 8
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0015| No: 0
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0016| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar
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0017| Absent: None
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0018|
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0019|
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0020| H0722FC1
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0021|
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