0001| HOUSE BILL 23 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| MAX COLL | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| EMPOWERING THE GOVERNOR AND OTHER STATE OFFICIALS TO REDUCE | 0013| BUDGETS AND TRANSFER BALANCES DURING FISCAL YEAR 1996 UNDER | 0014| CERTAIN CONDITIONS; IMPOSING GUIDELINES TO BE FOLLOWED IN MAKING | 0015| ANY REDUCTIONS; DECLARING AN EMERGENCY. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. FINDINGS AND PURPOSE.-- | 0019| A. The legislature finds that the difference between | 0020| estimated general fund revenues and the total general fund | 0021| appropriations for fiscal year 1996 is likely to result in a | 0022| revenue shortfall in the general fund appropriation account. | 0023| The legislature also finds that amounts in the general fund | 0024| operating reserve are low and cannot be relied upon to fully | 0025| compensate for the anticipated shortfall in the appropriation | 0001| account and that, therefore, fiscal year 1996 budgets must be | 0002| reduced. | 0003| B. The purpose of this act is to reduce fiscal year | 0004| 1996 budgets by the amounts indicated in Sections 2 through 6 of | 0005| this act. | 0006| Section 2. AUTHORITY FOR THE GOVERNOR TO REDUCE EXECUTIVE | 0007| BRANCH BUDGETS.--If the governor finds that revenues and | 0008| transfers to the general fund in fiscal year 1996, excluding | 0009| transfers to the general fund operating reserve, the | 0010| appropriation contingency fund or the state support reserve | 0011| fund, are not sufficient to meet fiscal year 1996 | 0012| appropriations, then, pursuant to the guidelines specified in | 0013| Section 7 of this act, he is authorized to: | 0014| A. reduce the recurring general fund portion of the | 0015| budgets of the following agencies by the specified amounts: | 0016| (1) the taxation and revenue department by one | 0017| million two hundred twelve thousand seven hundred dollars | 0018| ($1,212,700); | 0019| (2) the state investment council by twenty-two | 0020| thousand dollars ($22,000); | 0021| (3) the department of finance and | 0022| administration by two hundred eighty-four thousand one hundred | 0023| dollars ($284,100); | 0024| (4) the special appropriation to the department | 0025| of finance and administration for DWI grants by one hundred | 0001| forty-eight thousand five hundred dollars ($148,500); | 0002| (5) the special appropriation to the department | 0003| of finance and administration for the council of governments by | 0004| eight thousand four hundred dollars ($8,400); | 0005| (6) the commission on information and | 0006| communication management by sixty-eight thousand nine hundred | 0007| dollars ($68,900); | 0008| (7) the general services department by two | 0009| hundred seventy-one thousand eight hundred dollars ($271,800); | 0010| (8) the criminal and juvenile justice | 0011| coordinating council by seventy thousand dollars ($70,000); | 0012| (9) the office of the governor by eighty-five | 0013| thousand dollars ($85,000); | 0014| (10) the office of the lieutenant governor by | 0015| eleven thousand three hundred dollars ($11,300); | 0016| (11) the state commission of public records by | 0017| forty-two thousand five hundred dollars ($42,500); | 0018| (12) the personnel board by one hundred | 0019| thirteen thousand one hundred dollars ($113,100); | 0020| (13) the public employee labor relations board | 0021| by eight thousand one hundred dollars ($8,100); | 0022| (14) the border authority by seven thousand | 0023| three hundred dollars ($7,300); | 0024| (15) the tourism department by one hundred | 0025| thirty-nine thousand one hundred dollars ($139,100); | 0001| (16) the economic development department by | 0002| three hundred sixteen thousand six hundred dollars ($316,600); | 0003| (17) the regulation and licensing department by | 0004| two hundred ninety-two thousand two hundred dollars ($292,200); | 0005| (18) the New Mexico apple commission by two | 0006| thousand two hundred dollars ($2,200); | 0007| (19) the office of cultural affairs by four | 0008| hundred ninety-two thousand eight hundred dollars ($492,800); | 0009| (20) the New Mexico livestock board by twenty-four thousand seven hundred dollars ($24,700); | 0010| (21) the department of game and fish by ten | 0011| thousand five hundred dollars ($10,500); | 0012| (22) the endangered species program by five | 0013| thousand eight hundred dollars ($5,800); | 0014| (23) the energy, minerals and natural resources | 0015| department by five hundred seventy-two thousand four hundred | 0016| dollars ($572,400); | 0017| (24) the state engineer by three hundred | 0018| seventeen thousand eight hundred dollars ($317,800); | 0019| (25) the New Mexico public utility commission | 0020| by one hundred nineteen thousand seven hundred dollars | 0021| ($119,700); | 0022| (26) the organic commodity commission by one | 0023| thousand eight hundred dollars ($1,800); | 0024| (27) the commission on the status of women by | 0025| eleven thousand two hundred dollars ($11,200); | 0001| (28) the commission for deaf and hard-of-hearing persons by ten thousand four hundred dollars ($10,400); | 0002| (29) the Martin Luther King, Jr. commission by | 0003| five thousand seven hundred dollars ($5,700); | 0004| (30) the New Mexico office of Indian affairs by | 0005| thirty-one thousand eight hundred dollars ($31,800); | 0006| (31) the labor department by fifty-two thousand | 0007| three hundred dollars ($52,300); | 0008| (32) the governor's committee on concerns of | 0009| the handicapped by fifteen thousand dollars ($15,000); | 0010| (33) the department of environment by three | 0011| hundred eighty-one thousand one hundred dollars ($381,100); | 0012| (34) the office of natural resources trustee by | 0013| six thousand two hundred dollars ($6,200); | 0014| (35) the New Mexico health policy commission by | 0015| fifty-eight thousand two hundred dollars ($58,200); | 0016| (36) the New Mexico veterans' service | 0017| commission by forty thousand seven hundred dollars ($40,700); | 0018| (37) the juvenile parole board by twenty-four | 0019| thousand one hundred dollars ($24,100); | 0020| (38) the crime victims reparation commission by | 0021| fifty thousand two hundred dollars ($50,200); | 0022| (39) the department of public safety by one | 0023| million three hundred sixty-three thousand nine hundred dollars | 0024| ($1,363,900); | 0025| (40) the state department of public education | 0001| by two hundred forty-five thousand four hundred dollars | 0002| ($245,400); | 0003| (41) the special projects and apprenticeship | 0004| programs of the state department of public education by one | 0005| hundred fourteen thousand dollars ($114,000); | 0006| (42) adult basic education by ninety thousand | 0007| dollars ($90,000); and | 0008| (43) the administration of the commission on | 0009| higher education by thirty-four thousand six hundred dollars | 0010| ($34,600); | 0011| B. reduce the budget of public school support by the | 0012| amount of the fiscal year 1996 appropriation that remains | 0013| undistributed after the December 1 count is finalized; | 0014| C. transfer eight hundred thousand dollars | 0015| ($800,000) of the cash balance in the motor pool account of the | 0016| general services department to the general fund appropriation | 0017| account; | 0018| D. reduce the budget of each executive agency by the | 0019| amount saved by that agency due to rate reductions implemented | 0020| by the general services department; provided that the total | 0021| reductions in budgets under this subsection shall equal one | 0022| million one hundred forty thousand dollars ($1,140,000); and | 0023| E. transfer one million two hundred fifty-four | 0024| thousand dollars ($1,254,000) of the excess cash balances in the | 0025| account of the department of health to the general fund | 0001| appropriation account. | 0002| Section 3. AUTHORITY FOR ELECTED STATE OFFICIALS TO REDUCE | 0003| BUDGETS.--Upon notification by the governor that revenues and | 0004| transfers to the general fund in fiscal year 1996, excluding | 0005| transfers to the general fund operating reserve, the | 0006| appropriation contingency fund or the state support reserve | 0007| fund, are not sufficient to meet fiscal year 1996 | 0008| appropriations, then, pursuant to Section 7 of this act, each of | 0009| the following elected officials is authorized to reduce budgets | 0010| for fiscal year 1996 by the indicated amounts: | 0011| A. the attorney general by two hundred ninety | 0012| thousand four hundred dollars ($290,400); | 0013| B. the state auditor by forty-four thousand three | 0014| hundred dollars ($44,300); | 0015| C. the secretary of state by sixty-one thousand one | 0016| hundred dollars ($61,100); | 0017| D. the state treasurer by seventy-eight thousand one | 0018| hundred dollars ($78,100); and | 0019| E. the commissioner of public lands by two hundred | 0020| fifty thousand three hundred dollars ($250,300). | 0021| Section 4. AUTHORITY TO REDUCE JUDICIAL BRANCH BUDGETS.--Upon notification by the governor that revenues and transfers to | 0022| the general fund in fiscal year 1996, excluding transfers to the | 0023| general fund operating reserve, the appropriation contingency | 0024| fund or the state support reserve fund, are not sufficient to | 0025| meet fiscal year 1996 appropriations, then, pursuant to Section | 0001| 7 of this act, the chief justice of the supreme court is | 0002| authorized to reduce by two million four hundred eighty-three | 0003| thousand five hundred dollars ($2,483,500) the judicial branch | 0004| budgets for fiscal year 1996. For purposes of this section, | 0005| judicial branch agencies are the supreme court, the | 0006| administrative office of the courts, the magistrate courts, the | 0007| court of appeals, the district courts, the Bernalillo county | 0008| metropolitan court, the supreme court law library, the supreme | 0009| court building commission, the judicial standards commission, | 0010| the New Mexico compilation commission, district attorneys and | 0011| the administrative office of the district attorneys. | 0012| Section 5. AUTHORITY TO REDUCE LEGISLATIVE BRANCH | 0013| BUDGETS.---Upon notification by the governor that revenues and | 0014| transfers to the general fund in fiscal year 1996, excluding | 0015| transfers to the general fund operating reserve, the | 0016| appropriation contingency fund or the state support reserve | 0017| fund, are not sufficient to meet fiscal year 1996 | 0018| appropriations, then, pursuant to Section 7 of this act, the New | 0019| Mexico legislative council is authorized to reduce legislative | 0020| budgets for fiscal year 1996 by two hundred ninety-six thousand | 0021| dollars ($296,000). | 0022| Section 6. AUTHORITY TO REDUCE THE BUDGETS OF POST-SECONDARY EDUCATIONAL INSTITUTIONS.--Upon notification by the | 0023| governor that revenues and transfers to the general fund in | 0024| fiscal year 1996, excluding transfers to the general fund | 0025| operating reserve, the appropriation contingency fund or the | 0001| state support reserve fund, are not sufficient to meet fiscal | 0002| year 1996 appropriations, then, pursuant to Section 7 of this | 0003| act, the governing board of each of the following institutions | 0004| is authorized to reduce budgets by the specified amount: | 0005| A. the university of New Mexico by three million six | 0006| hundred thirty-three thousand four hundred dollars ($3,633,400); | 0007| B. New Mexico state university by two million three | 0008| hundred seventy-five thousand two hundred dollars ($2,375,200); | 0009| C. New Mexico highlands university by three hundred | 0010| thirty-nine thousand two hundred dollars ($339,200); | 0011| D. western New Mexico university by two hundred | 0012| forty-one thousand five hundred dollars ($241,500); | 0013| E. eastern New Mexico university by five hundred | 0014| fifty-four thousand eight hundred dollars ($554,800); | 0015| F. New Mexico institute of mining and technology by | 0016| four hundred thirty-nine thousand three hundred dollars | 0017| ($439,300); | 0018| G. northern New Mexico state school by one hundred | 0019| sixteen thousand dollars ($116,000); | 0020| H. Santa Fe community college by one hundred ten | 0021| thousand seven hundred dollars ($110,700); | 0022| I. Albuquerque technical-vocational institute by | 0023| five hundred thirty-nine thousand three hundred dollars | 0024| ($539,300); | 0025| J. Luna vocational-technical institute by one | 0001| hundred five thousand nine hundred dollars ($105,900); | 0002| K. Mesa technical college by thirty-seven thousand | 0003| one hundred dollars ($37,100); | 0004| L. New Mexico junior college by eighty-six thousand | 0005| five hundred dollars ($86,500); | 0006| M. San Juan college by one hundred eighteen thousand | 0007| six hundred dollars ($118,600); | 0008| N. Clovis community college by one hundred twenty-three thousand eight hundred dollars ($123,800); and | 0009| O. New Mexico military institute by twenty-five | 0010| thousand eight hundred dollars ($25,800). | 0011| Section 7. BUDGET REDUCTION GUIDELINES.--In making a | 0012| budget reduction authorized by this act, the person making the | 0013| reduction shall: | 0014| A. avoid adverse effects upon revenue collection | 0015| activities; | 0016| B. identify any potential losses of federal matching | 0017| funds and avoid identified losses; | 0018| C. avoid the elimination of filled positions and, to | 0019| the maximum extent practicable, avoid layoffs, reductions in | 0020| force, furloughs or terminations of employees; and | 0021| D. protect the health, safety and welfare of New | 0022| Mexicans. | 0023| Section 8. BUDGET ADJUSTMENTS.--In order to effectuate a | 0024| budget reduction authorized by this act an agency may request a | 0025| budget adjustment pursuant to Sections 6-3-23 through 6-3-25 | 0001| NMSA 1978 notwithstanding any limitations in the General | 0002| Appropriation Act of 1995. | 0003| Section 9. REPORTS.--By June 30, 1996, each person | 0004| authorized to reduce budgets under this act shall submit a | 0005| report to the legislative finance committee showing: | 0006| A. the amount, by organizational unit and category, | 0007| of each budget reduction made pursuant to this act; and | 0008| B. a detailed explanation of how the guidelines in | 0009| Section 7 of this act were followed. | 0010| Section 10. EMERGENCY.--It is necessary for the public | 0011| peace, health and safety that this act take effect immediately. | 0012|  |