underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HOUSE BILL 2
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Nathan P. Small and Meredith A. Dixon
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 2023".
SECTION 2. DEFINITIONS.--As used in the General
Appropriation Act of 2023:
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
.223792.1 underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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 2023;
H. "other state funds" means:
.223792.1
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(1) nonreverting balances in agency accounts,
other than in internal service funds accounts, appropriated by
the General Appropriation Act of 2023;
(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
.223792.1
- 3 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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 2023, or so much as may be necessary, are
appropriated from the indicated source for expenditure in
fiscal year 2024 for the objects expressed.
D. Unexpended balances in agency accounts remaining
at the end of fiscal year 2023 shall revert to the general fund
by October 1, 2023 unless otherwise indicated in the General
Appropriation Act of 2023 or otherwise provided by law.
E. 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 2023 or otherwise provided by law.
F. The state budget division of the department of
.223792.1
- 4 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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 2023, appropriations are made in
that act for the expenditures of agencies and for other
purposes as required by existing law for fiscal year 2024. If
any other act of the first 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 2023 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 2024 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
.223792.1
- 5 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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
2023 may be expended for payment of agency-issued credit card
invoices.
K. For the purpose of administering the General
Appropriation Act of 2023, the state of New Mexico 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 2024 APPROPRIATIONS.--
A. LEGISLATIVE.--Twenty-five million one hundred
four thousand five hundred dollars ($25,104,500) from the
general fund and four hundred thousand dollars ($400,000) from
.223792.1
- 6 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
other state funds is appropriated to the legislative council
service for allocation to legislative agencies in fiscal year
2024.
B. JUDICIAL.--Three hundred forty million four
hundred ten thousand two hundred dollars ($340,410,200) from
the general fund, thirty-three million four hundred fifty-eight
thousand six hundred dollars ($33,458,600) from other state
funds, fourteen million one hundred sixty-one thousand three
hundred dollars ($14,161,300) from internal service
funds/interagency transfers and five million six hundred six
thousand six hundred dollars ($5,606,600) from federal funds is
appropriated to the administrative office of the courts for
allocation to judicial agencies in fiscal year 2024.
C. GENERAL CONTROL.--One hundred eighty-eight
million five hundred fifty-three thousand four hundred dollars
($188,553,400) from the general fund, one billion six hundred
thirty-eight million five hundred twenty-four thousand five
hundred dollars ($1,638,524,500) from other state funds, one
hundred eighteen million four hundred ninety-one thousand four
hundred dollars ($118,491,400) from internal services
funds/interagency transfers and thirty-two million three
hundred sixty-six thousand nine hundred dollars ($32,366,900)
from federal funds is appropriated to the department of finance
and administration for allocation to general control agencies
in fiscal year 2024.
.223792.1
- 7 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
D. COMMERCE AND INDUSTRY.--Ninety-three million
eight hundred sixty thousand eight hundred dollars
($93,860,800) from the general fund, one hundred sixty-seven
million one hundred seventy-six thousand seven hundred dollars
($167,176,700) from other state funds, twenty-two million six
hundred ninety-four thousand three hundred dollars
($22,694,300) from internal service funds/interagency transfers
and nine hundred twenty-four thousand six hundred dollars
($924,600) from federal funds is appropriated to the department
of finance and administration for allocation to commerce and
industry agencies in fiscal year 2024.
E. AGRICULTURE, ENERGY AND NATURAL RESOURCES.--One
hundred million seven hundred ninety-six thousand five hundred
dollars ($100,796,500) from the general fund, ninety million
three hundred eighty thousand eight hundred dollars
($90,380,800) from other state funds, thirteen million twenty-
four thousand eight hundred dollars ($13,024,800) from internal
service funds/interagency transfers and forty-four million five
hundred eighteen thousand one hundred dollars ($44,518,100)
from federal funds is appropriated to the department of finance
and administration for allocation to agriculture, energy and
natural resources agencies in fiscal year 2024.
F. HEALTH, HOSPITALS AND HUMAN SERVICES.--Two
billion two hundred nineteen million five hundred ninety
thousand dollars ($2,219,590,000) from the general fund, three
.223792.1
- 8 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
hundred ninety-seven million seven hundred ten thousand six
hundred dollars ($397,710,600) from other state funds, four
hundred ninety-four million eighteen thousand three hundred
dollars ($494,018,300) from internal service funds/interagency
transfers and seven billion six hundred forty-five million
eight hundred twenty-four thousand three hundred dollars
($7,645,824,300) from federal funds is appropriated to the
department of finance and administration for allocation to
health, hospitals and human services agencies in fiscal year
2024.
G. PUBLIC SAFETY.--Four hundred ninety-eight
million seven hundred fifty-six thousand four hundred dollars
($498,756,400) from the general fund, one hundred fifteen
million six hundred sixty-two thousand five hundred dollars
($115,662,500) from other state funds, twenty-two million nine
hundred twenty-six thousand eight hundred dollars ($22,926,800)
from internal service funds/interagency transfers and sixty-
nine million one hundred ninety-five thousand dollars
($69,195,000) from federal funds is appropriated to the
department of finance and administration for allocation to
public safety agencies in fiscal year 2024.
H. TRANSPORTATION.--Six hundred five million eight
hundred thirteen thousand dollars ($605,813,000) from other
state funds, eight million three hundred thousand dollars
($8,300,000) from internal service funds/interagency transfers
.223792.1
- 9 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and four hundred thirty-seven million seventeen thousand seven
hundred dollars ($437,017,700) from federal funds is
appropriated to the department of finance and administration
for allocation to transportation agencies in fiscal year 2024.
I. OTHER EDUCATION.--Sixty-two million two hundred
twenty-seven thousand nine hundred dollars ($62,227,900) from
the general fund, twenty-four million five hundred thirty-three
thousand dollars ($24,533,000) from other state funds, six
million two hundred fifteen thousand two hundred dollars
($6,215,200) from internal service funds/interagency transfers
and thirty million eight hundred seven thousand four hundred
dollars ($30,807,400) from federal funds is appropriated to the
department of finance and administration for allocation to
other education agencies in fiscal year 2024.
J. HIGHER EDUCATION.--One billion ten million seven
hundred eighty-six thousand nine hundred dollars
($1,010,786,900) from the general fund, sixteen million eight
hundred forty-three thousand six hundred dollars ($16,843,600)
from other state funds, forty-three million ninety-three
thousand three hundred dollars ($43,093,300) from internal
service funds/interagency transfers and ten million four
hundred ninety-two thousand seven hundred dollars ($10,492,700)
from federal funds is appropriated to the higher education
department for expenditure or allocation to higher education
agencies in fiscal year 2024.
.223792.1
- 10 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
K. PUBLIC SCHOOL SUPPORT.--Three billion eight
hundred three million nine hundred fifty-four thousand one
hundred dollars ($3,803,954,100) from the general fund, seven
million dollars ($7,000,000) from internal service
funds/interagency transfers and four hundred eighty-six million
three hundred thousand dollars ($486,300,000) from federal
funds is appropriated to the public education department for
expenditure or allocation to public school districts and
charter schools in fiscal year 2024.
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 2023 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 2024 to fully fund
appropriations made from the tobacco settlement program fund
contained in Section 4 of the General Appropriation Act of
2023.
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.
.223792.1
- 11 -