HOUSE BILL 1

54th legislature - STATE OF NEW MEXICO - first special session, 2020

INTRODUCED BY

Patricia A. Lundstrom

 

 

 

 

 

AN ACT

RELATING TO GENERAL APPROPRIATIONS; REDUCING APPROPRIATIONS FOR FISCAL YEARS 2020 AND 2021 MADE IN LAWS 2020, CHAPTERS 1 AND 83; CHANGING CERTAIN REQUIREMENTS PROVIDED FOR IN LAWS 2020, CHAPTER 83 AND LAWS 2019, SECTION 271; TRANSFERRING MONEY REMAINING FROM CERTAIN FEDERAL ALLOCATIONS TO THE STATE TO MEET EXISTING FEDERAL REQUIREMENTS AND FOR PUBLIC SCHOOL SUPPORT; ALLOWING THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO MAKE CERTAIN TRANSFERS, REDUCE OPERATING BUDGETS AND REDUCE ALLOTMENTS TO MATCH APPROPRIATION REDUCTIONS; APPROPRIATING LEGISLATIVE CASH BALANCES FOR THE EXPENSES OF THE FIFTY-FOURTH LEGISLATURE, FIRST SPECIAL SESSION, 2020; EXTENDING THE EXPENDITURE PERIOD FOR AN APPROPRIATION FOR CENSUS OUTREACH; REQUIRING THE PUBLIC EDUCATION DEPARTMENT TO PRIORITIZE EXTENDED LEARNING TIME PROGRAMS TO ACCOUNT FOR INSTRUCTION LOST IN THE 2019-2020 SCHOOL YEAR; MAKING A TECHNICAL CORRECTION; MAKING AN APPROPRIATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

         SECTION 1. LEGISLATIVE BRANCH APPROPRIATION REDUCTIONS.-- The appropriations made from the general fund in Laws 2020, Chapter 1, Sections 3 and 5 through 8 are reduced by four percent rounded to the nearest one hundred dollars ($100). To meet the reductions required by this section and maintain government efficiency, the New Mexico legislative council shall determine the amount of reduction applied to each legislative agency and purpose and may transfer amounts from any of the appropriations in Laws 2020, Chapter 1 to any other legislative expenditure where they may be needed.

         SECTION 2. A new section of the General Appropriation Act of 2020 is enacted to read:

         "[NEW MATERIAL] GENERAL FUND APPROPRIATION REDUCTIONS-- SECTION 4.--

                   A. Except as otherwise provided in this section, all amounts set out under the general fund column in Section 4 of the General Appropriation Act of 2020, except Subsection K of Section 4 of that act, are each reduced by four percent rounded to the nearest one hundred dollars ($100).

                   B. The general fund appropriations to the human services department for the medical assistance program and the medicaid behavioral health program of the human services department in Section 4 of the General Appropriation Act of 2020 are each reduced by three percent, rounded to the nearest one hundred dollars ($100).

                   C. The general fund appropriations to the department of health in Section 4 of the General Appropriation Act of 2020 are each reduced by two percent.

                   D. The following general fund appropriations in Section 4 of the General Appropriation Act of 2020 are reduced by six percent, rounded to the nearest one hundred dollars ($100):

                               (1) appropriations to the department of finance and administration for dues and membership fees or special appropriations;

                               (2) appropriations to each institution of higher education, except appropriations for instruction and general purposes and appropriations to the New Mexico department of agriculture, cooperative extension service and agricultural experiment station, which shall be reduced as provided for in Subsection A of this section;

                               (3) appropriations for the regional education cooperatives; and

                               (4) appropriations to the public education department for special appropriations.

                   E. To meet the reductions required by this section and maintain government efficiency, each agency shall determine the amount of reduction applied to each specific program or purpose. The department of finance and administration shall provide guidance to each agency provided for in this section to assist the agency in targeting program reductions that will minimize the impact of the reductions on direct services provided by the agency."

         SECTION 3. A new section of the General Appropriation Act of 2020 is enacted to read:

         "[NEW MATERIAL] ADDITIONAL APPROPRIATION REDUCTIONS AND CHANGES--SECTION 4.--

                   A. In addition to the general fund reductions in Sections 2, 4 and 5 of this 2020 act, the general fund appropriation in Section 4 of the General Appropriation Act of 2020 to:

                               (1) the facilities management program of the general services department is reduced by six hundred thousand dollars ($600,000);

                               (2) the elections program of the secretary of state is reduced by five hundred thousand dollars ($500,000);

                               (3) the marketing and promotion program of the tourism department is reduced by six hundred thousand dollars ($600,000);

                               (4) the economic development program of the economic development department is reduced by five hundred thousand dollars ($500,000);

                               (5) the spaceport authority is reduced by six hundred thousand dollars ($600,000);

                               (6) program support of the state engineer is reduced by four hundred thousand dollars ($400,000);

                               (7) the early childhood education and care program of the early childhood education and care department is reduced by three million three hundred thousand dollars ($3,300,000);

                               (8) the public pre-kindergarten program of the early childhood education and care department is reduced by one million dollars ($1,000,000);

                               (9) program support of the early childhood education and care department is reduced by six hundred seventy-one thousand four hundred dollars ($671,400);

                               (10) the medical assistance program of the human services department is reduced by seventeen million dollars ($17,000,000);

                               (11) the income support program of the human services department is reduced by one million one hundred twenty-seven thousand four hundred dollars ($1,127,400);

                               (12) the behavioral health services program of the human services department is reduced by five hundred thousand dollars ($500,000);

                               (13) program support of the human services department is reduced by five hundred seventy-two thousand six hundred dollars ($572,600);

                               (14) the developmental disabilities support program of the department of health is reduced by two million four hundred thousand dollars ($2,400,000);

                               (15) program support of the department of health is reduced by six hundred thousand dollars ($600,000);                                (16) the water protection program of the department of environment is reduced by four hundred thousand dollars ($400,000);

                               (17) the protective services program of the children, youth and families department is reduced by one million dollars ($1,000,000);

                               (18) program support of the children, youth and families department is reduced by five hundred thousand dollars ($500,000);

                               (19) the inmate management and control program of the corrections department is reduced by seven hundred fifty thousand dollars ($750,000);

                               (20) the law enforcement program of the department of public safety is reduced by one million dollars ($1,000,000); and

                               (21) the opportunity scholarship program of the higher education department is reduced by seven million dollars ($7,000,000).

                   B. Notwithstanding any other provision of the General Appropriation Act of 2020, the college of agriculture, consumer and environmental sciences of New Mexico state university shall not transfer the staff position and funding for the rodeo coach to the athletics department."

         SECTION 4. A new section of the General Appropriation Act

of 2020 is enacted to read:

         "[NEW MATERIAL] REDUCTIONS ACCOUNTING FOR FEDERAL FUND ALLOCATIONS--SECTION 4.--

                   A. In addition to the general fund reductions in Sections 2, 3 and 5 of this 2020 act, to account for certain funds received through the federal Coronavirus Aid, Relief, and Economic Security Act, other state funds and federal funds, the general fund appropriations in Section 4 of the General Appropriation Act of 2020 to:

                               (1) the early childhood education and care department is reduced by five million dollars ($5,000,000);

                               (2) the department of health is reduced by seven million dollars ($7,000,000);

                               (3) the human services department is reduced by seventy-five million dollars ($75,000,000);

                               (4) the instruction and general purposes appropriations to each higher education institution are reduced by twenty-five million two hundred sixty-four thousand seven hundred dollars ($25,264,700);

                               (5) the health sciences center of the university of New Mexico for instruction and general purposes is reduced by one million six hundred nineteen thousand three hundred dollars ($1,619,300);

                               (6) the public education department special appropriations in Subsection I are reduced by ten million dollars ($10,000,000), in proportion to each special appropriation's share of total public education department special appropriations to reflect funding support from the governor's emergency education relief fund of the federal Coronavirus Aid, Relief, and Economic Security Act; and

                               (7) the state equalization guarantee distribution provided in Item (1) of Subsection K is reduced by forty-four million six hundred sixty-one thousand dollars ($44,661,000) to reflect funding support from the elementary and secondary school emergency relief fund of the federal Coronavirus Aid, Relief, and Economic Security Act.

                   B. To administer the reductions provided in Paragraph (4) of Subsection A of this section, the department of finance and administration shall reduce the general fund allotment for instruction and general purposes appropriations to each higher education public college and university by forty-five percent of the amount each institution received pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act."

         SECTION 5. A new section of the General Appropriation Act of 2020 is enacted to read:

         "[NEW MATERIAL] ADDITIONAL PUBLIC EDUCATION AND PUBLIC SCHOOL SUPPORT APPROPRIATION REDUCTIONS AND CHANGES--SECTION 4.--

                   A. In addition to the general fund reductions provided in Section 4 of this 2020 act, the general fund appropriation to the state equalization guarantee distribution in Item (1) of Subsection K of the General Appropriation Act of 2020 is reduced by one hundred sixty-two million twenty-eight thousand nine hundred dollars ($162,028,900).

                   B. As provided in Item (1) of Subsection K of the General Appropriation Act of 2020, in lieu of the:

                               (1) six million dollars ($6,000,000) for elementary physical education programs, no additional funding shall be included for elementary physical education programs;

                               (2) one hundred nineteen million eight hundred ninety-five thousand nine hundred dollars ($119,895,900) for K-5 plus programs, seventy-nine million eight hundred ninety-five thousand nine hundred dollars ($79,895,900) shall be included for K-5 plus programs;

                               (3) ten million dollars ($10,000,000) to provide evidence-based structured literacy interventions and develop literacy collaborative models that lead to improved reading and writing achievement of students in kindergarten through second grade, eight million dollars ($8,000,000) shall be included to provide evidence-based structured literacy interventions and develop literacy collaborative models that lead to improved reading and writing achievement of students in kindergarten through second grade;

                               (4) fifty-nine million one hundred eighty thousand two hundred dollars ($59,180,200) to provide an average four percent salary increase to all licensed teachers whose primary duty is classroom instruction, nine million seventy thousand six hundred dollars ($9,070,600) shall be included to provide salary increases to all licensed teachers whose primary duty is classroom instruction; provided that the secretary of public education shall not:

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