Ben D. Altamirano
RELATING TO COURTS; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Court Appropriation Act of 2000".
Section 2. DEFINITIONS.--As used in the Court Appropriation Act of 2000:
A. "agency" means an office, department, agency, institution, board, bureau, commission, court, district attorney, council or committee of state government;
B. "expenditures" means costs, expenses, encumbrances and other financing uses, other than refunds authorized by law, recognized in accordance with generally accepted accounting principles for the legally authorized budget amounts and budget period;
C. "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;
D. "full-time employee" or "FTE" means one or more authorized positions that together receive compensation for not more than two thousand eighty hours worked in fiscal year 2001. The calculation of hours worked includes compensated absences but does not include overtime, compensatory time or sick leave paid pursuant to Section 10-7-10 NMSA 1978;
E. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Lands Leasing Act receipts, but excludes the general fund operating reserve, the appropriation contingency fund and the risk reserve;
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) unencumbered balances in agency internal service fund accounts appropriated by the Court Appropriation Act of 2000;
H. "other state funds" means:
(1) unencumbered, nonreverting balances in state agency accounts, other than in internal service funds accounts, appropriated by the Court Appropriation Act of 2000;
(2) all revenue available to state 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. "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
J. "unforseen federal funds" means a source of federal funds or an increased amount of federal funds that could not have been reasonably anticipated or known during the first session of the forty-fourth legislature and, therefore, could not have been requested by an agency or appropriated by the legislature.
Section 3. FORMAT.--The general format of the appropriations set forth in the Court Appropriation Act of 2000 with respect to symbols used, column headings and amounts stated are those used in the General Appropriation Act of 1999.
Section 4. 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" indicate an intergovernmental transfer and do not represent a portion of total state government appropriations. All information designated as "Totals" or "Subtotals" are provided for information and are not appropriations.
C. Amounts set out in Section 5 of the Court Appropriation Act of 2000, or so much as may be necessary, are appropriated from the indicated source for expenditure in fiscal year 2001 for the objects expressed.
D. Unencumbered balances in agency accounts remaining at the end of fiscal year 2000 shall revert to the general fund by October 1, 2000, unless otherwise indicated in the Court Appropriation Act of 2000 or otherwise provided by law.
E. Unencumbered balances in agency accounts remaining at the end of fiscal year 2001 shall revert to the general fund by October 1, 2001, unless otherwise indicated in the Court Appropriation Act of 2000 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 Court Appropriation Act of 2000, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2001. If any other act of the second session of the forty-fourth 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 Court Appropriation Act of 2000 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.
H. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, agencies whose revenue from unforseen federal funds, from state board of finance loans, from revenue appropriated by other acts of the legislature, or from gifts, donations, bequests, insurance settlements, refunds or payments into revolving funds exceed specifically appropriated amounts may request budget increases from the state budget division. If approved by the state budget division, such money is appropriated. In approving a budget increase from unforseen federal funds, the director of the state budget division shall advise the legislative finance committee as to the source of the federal funds and the source and amount of any matching funds required.
I. For fiscal year 2001, the number of permanent and term full-time-equivalent positions specified for each agency shows the maximum number of employees intended by the legislature for that agency, unless another provision of the Court Appropriation Act of 2000 or another act of the second session of the forty-fourth legislature provides for additional employees.
J. Except for gasoline credit cards used solely for the operation of official vehicles and telephone credit cards used solely for official business, none of the appropriations contained in the Court Appropriation Act of 2000 may be expended for payment of credit card invoices.
K. To prevent unnecessary spending, expenditures from the Court Appropriation Act of 2000 for gasoline for state-owned vehicles at public gasoline service stations shall be made only for self-service gasoline; provided that a state agency head may provide exceptions from the requirement to accommodate disabled persons or for other reasons the public interest may require.
L. When approving operating budgets based on appropriations in the Court Appropriation Act of 2000, the state budget division is specifically authorized to approve only those budgets that are in accordance with generally accepted accounting principles for the purpose of properly classifying other financing sources and uses, including interfund, intrafund and interagency transfers.
M. Laws 1999, (1st S.S.), Chapter 3, Section 4 is repealed effective July 1, 2000.
Section 5. FISCAL YEAR 2001 APPROPRIATIONS.--
SUPREME COURT LAW LIBRARY:
(a) Personal services 332.8 332.8
(b) Employee benefits 103.9 103.9
(c) Travel 2.9 2.9
(d) Maintenance and repairs 22.6 22.6
(e) Supplies and materials 9.0 9.0
(f) Contractual services 120.0 120.0 (g) Operating costs 300.0 300.0
(h) Capital outlay 185.0 185.0 (i) Out-of-state travel 1.6 1.6
(j) Other financing uses .1 .1
Authorized FTE: 8.00 Permanent
Subtotal 1,077.9
NEW MEXICO COMPILATION COMMISSION:
(a) Personal services 110.6 110.6
(b) Employee benefits 37.2 37.2
(c) Travel 3.2 10.0 13.2
(d) Maintenance and repairs 14.9 14.9
(e) Supplies and materials 13.0 5.0 18.0
(f) Contractual services 759.9 40.0 799.9
(g) Operating costs 89.9 15.0 104.9
(h) Capital outlay 20.0 20.0
(i) Other financing uses .1 .1
Authorized FTE: 3.00 Permanent
Subtotal 1,118.8
JUDICIAL STANDARDS COMMISSION:
(a) Personal services 150.7 150.7
(b) Employee benefits 61.9 61.9
(c) Travel 16.3 16.3
(d) Maintenance and repairs 1.3 1.3
(e) Supplies and materials 2.7 2.7
(f) Contractual services 14.6 14.6
(g) Operating costs 40.3 40.3
(h) Other costs .5 .5
Authorized FTE: 3.00 Permanent
Subtotal 288.3
COURT OF APPEALS:
(a) Personal services 2,630.4 2,630.4
(b) Employee benefits 773.5 773.5
(c) Travel 14.1 14.1
(d) Maintenance and repairs 28.2 28.2
(e) Supplies and materials 35.5 35.5
(f) Contractual services 20.0 20.0
(g) Operating costs 242.6 242.6
(h) Capital outlay 7.4 7.4
(i) Out-of-state travel 5.7 5.7
(j) Other financing uses 1.1 1.1
Authorized FTE: 55.50 Permanent
Subtotal 3,758.5
SUPREME COURT:
(a) Personal services 1,312.9 1,312.9
(b) Employee benefits 384.5 384.5
(c) Travel 5.6 5.6
(d) Maintenance and repairs 17.7 17.7
(e) Supplies and materials 13.6 13.6
(f) Contractual services 96.4 96.4
(g) Operating costs 77.2 77.2
(h) Other costs .6 .6
(i) Capital outlay 18.0 18.0
(j) Out-of-state travel 10.0 10.0
(k) Other financing uses .6 .6
Authorized FTE: 28.00 Permanent
Subtotal 1,937.1
ADMINISTRATIVE OFFICE OF THE COURTS:
(1) Administration:
(a) Personal services 1,064.4 1,064.4
(b) Employee benefits 385.6 385.6
(c) Travel 26.0 26.0
(d) Maintenance and repairs 6.5 6.5
(e) Supplies and materials 22.0 22.0
(f) Contractual services 97.2 97.2
(g) Operating costs 137.4 137.4
(h) Out-of-state travel 6.3 6.3
(i) Other financing uses .5 .5
Authorized FTE: 26.00 Permanent
(2) Magistrate courts:
(a) Personal services 7,712.4 7,712.4
(b) Employee benefits 2,375.0 2,375.0
(c) Travel 46.0 46.0
(d) Maintenance and repairs 15.0 15.0
(e) Supplies and materials 175.1 175.1
(f) Contractual services 45.0 45.0
(g) Operating costs 2,948.2 2,948.2
(h) Other financing uses 4.4 4.4
Authorized FTE: 233.50 Permanent
(3) Judicial information division:
(a) Personal services 1,017.9 1,017.9
(b) Employee benefits 321.0 321.0
Authorized FTE: 21.00 Permanent
(4) Supreme court automation fund:
(a) Personal services 484.2 484.2
(b) Employee benefits 160.2 160.2
(c) Travel 96.5 96.5
(d) Maintenance and repairs 600.0 600.0
(e) Supplies and materials 97.3 97.3
(f) Contractual services 209.0 209.0
(g) Operating costs 850.0 850.0
(h) Capital outlay 534.6 534.6
(i) Out-of-state travel 51.0 51.0
Authorized FTE: 12.50 Permanent
(5) Judges pro tempore: 40.0 40.0
(6) Jury and witness fee fund:
(a) Supplies and materials 13.8 1.2 2.7 17.7
(b) Contractual services 10.0 .9 1.9 12.8
(c) Operating costs 808.0 77.0 165.0 1,050.0
(d) Other costs 2,293.2 208.9 430.4 2,932.5
(7) Court-appointed attorney fees
fund: 2,300.0 2,300.0
(8) Municipal court automation fund:
(a) Personal services 54.9 54.9
(b) Employee benefits 15.1 15.1
(c) Travel 16.4 16.4
(d) Supplies and materials 4.0 4.0
(e) Operating costs 6.8 6.8
(f) Other costs 743.0 743.0
(g) Out-of-state travel 8.0 8.0
Authorized FTE: 1.00 Term
(9) Court appointed special advocate:
(a) Contractual services 114.6 114.6
(b) Other financing uses 652.7 652.7
(10) Water rights litigation: 212.8 212.8
Subtotal 27,670.0
SUPREME COURT BUILDING COMMISSION:
(a) Personal services 250.0 250.0
(b) Employee benefits 105.0 105.0
(c) Travel 1.5 1.5
(d) Maintenance and repairs 56.1 56.1
(e) Supplies and materials 3.1 3.1
(f) Contractual services 59.7 59.7
(g) Operating costs 94.2 94.2
(h) Capital outlay 9.3 9.3
(i) Other financing uses .3 .3
Authorized FTE: 12.00 Permanent
Subtotal 579.2
DISTRICT COURTS:
(1) First judicial district:
(a) Personal services 2,370.3 172.0 2,542.3
(b) Employee benefits 725.2 55.4 780.6
(c) Travel 14.5 2.0 16.5
(d) Maintenance and repairs 11.4 2.6 14.0
(e) Supplies and materials 30.4 28.9 59.3
(f) Contractual services 115.5 73.1 188.6
(g) Operating costs 166.0 24.7 190.7
(h) Capital outlay 48.2 48.2
(i) Out-of-state travel 2.0 2.0 4.0
(j) Other financing uses 1.4 1.4
Authorized FTE: 61.50 Permanent; 4.00 Term
(2) Second judicial district:
(a) Personal services 9,259.8 637.4 9,897.2
(b) Employee benefits 2,992.0 206.6 3,198.6
(c) Travel 24.2 4.4 28.6
(d) Maintenance and repairs 85.9 15.1 101.0
(e) Supplies and materials 273.9 31.2 305.1
(f) Contractual services 315.6 38.4 354.0
(g) Operating costs 425.3 78.1 503.4
(h) Other costs 81.0 5.0 86.0
(i) Capital outlay 149.6 31.4 181.0
(j) Out-of-state travel 14.3 11.7 26.0
(k) Other financing uses 5.3 .4 5.7
Authorized FTE: 263.50 Permanent; 15.00 Term
(3) Third judicial district:
(a) Personal services 1,616.5 113.5 1,730.0
(b) Employee benefits 506.9 35.1 542.0
(c) Travel 16.5 3.9 20.4
(d) Maintenance and repairs 8.5 1.4 9.9
(e) Supplies and materials 27.3 6.3 33.6
(f) Contractual services 425.2 32.9 458.1
(g) Operating costs 66.3 15.6 81.9
(h) Capital outlay 27.1 7.0 34.1
(i) Out-of-state travel .9 3.0 3.9
Authorized FTE: 42.50 Permanent; 4.00 Term
(4) Fourth judicial district:
(a) Personal services 638.4 638.4
(b) Employee benefits 202.5 202.5
(c) Travel 4.9 4.9
(d) Maintenance and repairs 8.9 8.9
(e) Supplies and materials 16.2 16.2
(f) Contractual services 2.5 2.5
(g) Operating costs 32.0 32.0
(h) Capital outlay 26.8 26.8
(i) Other financing uses 22.8 22.8
Authorized FTE: 18.50 Permanent
(5) Fifth judicial district:
(a) Personal services 2,223.2 2,223.2
(b) Employee benefits 722.7 722.7
(c) Travel 30.6 30.6
(d) Maintenance and repairs 25.4 25.4
(e) Supplies and materials 50.8 1.5 52.3
(f) Contractual services 205.8 57.0 262.8
(g) Operating costs 177.2 1.5 178.7
(h) Capital outlay 47.0 47.0
(i) Out-of-state travel 3.0 3.0
(j) Other financing uses 1.2 1.2
Authorized FTE: 61.50 Permanent
(6) Sixth judicial district:
(a) Personal services 653.1 653.1
(b) Employee benefits 222.0 222.0
(c) Travel 18.5 18.5
(d) Maintenance and repairs 7.7 7.7
(e) Supplies and materials 12.3 12.3
(f) Contractual services 203.7 203.7
(g) Operating costs 65.5 65.5
(h) Capital outlay 35.0 35.0
(i) Other financing uses .4 .4
Authorized FTE: 18.00 Permanent
(7) Seventh judicial district:
(a) Personal services 791.0 791.0
(b) Employee benefits 295.5 295.5
(c) Travel 11.3 11.3
(d) Maintenance and repairs 7.2 7.2
(e) Supplies and materials 21.7 21.7
(f) Contractual services 65.3 65.3
(g) Operating costs 61.5 61.5
(h) Capital outlay 28.9 28.9
(i) Other financing uses .4 .4
Authorized FTE: 22.00 Permanent
(8) Eighth judicial district:
(a) Personal services 759.0 759.0
(b) Employee benefits 257.0 257.0
(c) Travel 13.7 13.7
(d) Maintenance and repairs 5.7 5.7
(e) Supplies and materials 14.8 14.8
(f) Contractual services 132.5 30.0 75.0 237.5
(g) Operating costs 68.9 68.9
(h) Capital outlay 30.1 30.1
(i) Other financing uses .4 .4
Authorized FTE: 19.50 Permanent
(9) Ninth judicial district:
(a) Personal services 874.4 87.9 962.3
(b) Employee benefits 297.6 30.6 328.2
(c) Travel 10.3 4.5 14.8
(d) Maintenance and repairs 14.0 1.2 15.2
(e) Supplies and materials 22.9 1.5 .9 25.3
(f) Contractual services 120.9 23.5 33.5 177.9
(g) Operating costs 47.3 4.9 52.2
(h) Other costs .5 .5
(i) Capital outlay 80.4 80.4
(j) Other financing uses .5 .5
Authorized FTE: 23.50 Permanent; 2.00 Term
(10) Tenth judicial district:
(a) Personal services 345.4 345.4
(b) Employee benefits 122.1 122.1
(c) Travel 4.4 4.4
(d) Maintenance and repairs 5.1 5.1
(e) Supplies and materials 11.7 11.7
(f) Contractual services 5.6 5.6
(g) Operating costs 22.4 22.4
(h) Capital outlay 14.5 14.5
(i) Other financing uses 13.7 13.7
Authorized FTE: 9.10 Permanent
(11) Eleventh judicial district:
(a) Personal services 1,587.5 1,587.5
(b) Employee benefits 466.4 .5 466.9
(c) Travel 16.2 .3 16.5
(d) Maintenance and repairs 19.0 .5 19.5
(e) Supplies and materials 60.5 .5 .3 61.3
(f) Contractual services 211.5 41.1 20.9 273.5
(g) Operating costs 160.9 1.4 162.3
(h) Capital outlay 85.7 85.7
(i) Out-of-state travel 10.3 10.3
(j) Other financing uses .7 .7
Authorized FTE: 42.00 Permanent; 0.50 Term
(12) Twelfth judicial district:
(a) Personal services 976.9 19.9 996.8
(b) Employee benefits 307.6 6.4 314.0
(c) Travel 9.5 .6 10.1
(d) Maintenance and repairs 9.0 9.0
(e) Supplies and materials 20.9 2.0 22.9
(f) Contractual services 32.6 26.5 59.1
(g) Operating costs 94.8 1.1 95.9
(h) Capital outlay 31.2 31.2
(i) Other financing uses .5 .5
Authorized FTE: 26.50 Permanent; 1.00 Term
(13) Thirteenth judicial district:
(a) Personal services 1,439.1 1,439.1
(b) Employee benefits 475.0 475.0
(c) Travel 28.3 28.3
(d) Maintenance and repairs 15.4 15.4
(e) Supplies and materials 53.6 4.0 57.6
(f) Contractual services 33.6 51.0 84.6
(g) Operating costs 119.9 119.9
(h) Capital outlay 84.2 84.2
(i) Out-of-state travel 7.0 7.0
(j) Other financing uses .8 .8
Authorized FTE: 42.00 Permanent
Subtotal 38,573.9
BERNALILLO COUNTY METROPOLITAN COURT:
(a) Personal services 7,071.1 984.7 8,055.8
(b) Employee benefits 2,317.5 307.0 2,624.5
(c) Travel 9.4 2.1 11.5
(d) Maintenance and repairs 371.9 371.9
(e) Supplies and materials 321.1 61.0 382.1
(f) Contractual services 1,065.5 422.0 1,487.5
(g) Operating costs 792.1 86.1 878.2
(h) Capital outlay 274.7 44.9 319.6
(i) Out-of-state travel 20.4 20.4
(j) Other financing uses 4.5 4.5
Authorized FTE: 213.00 Permanent; 40.50 Term; 1.50 Temporary
Subtotal 14,156.0
Grand Total 79,144.5 9,085.2 833.5 96.5 89,159.7
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.