Appropriates $655,650,300 (GF), $901,919,100 (Other Revenue), $32,816,800 (Internal Service Funds/Operating Transfers), and $478, 083,700 (Federal Funds) in FY 2005.HAFC substitute provides funding for all state agencies. NMSU appropriation contained on Page 182.
HAFC substitute provides funding for all state agencies. NMSU appropriation contained on Page 182.
Two
floor amendments have no impact on NMSU.
SFC substituted the House version. The complete bill can be viewed
on the legislative web site (click on bill number).
Both House and Senate Conference Committee Reports can be viewed on
the legislative web site.
General Appropriation Act of 2004. Not analyzed.
NMSU-Tucumcari
Research Programs.
Provides $341,000 (GF) to NMSU Board of Regents with $219,000 for the
agricultural experiment station and $122,000 for the Cooperative Extension
Service.
Water
Resources Research Institute.
Creates the Water Resurces Research Institute as a division of NMSU, in
association with the other state universities, and appropriates $200,000
(GF) to NMSU for FY 2005 for the institute to increase research in water
conservation, planning and management.
Although the first paragraph of the bill mentions “waste management,” this may be in error since the bill does not appear to be directed at waste management efforts.
The stated purposes
of the bill include research and training in water conservation, planning
and management, dissemination of water information, addressing water problems,
and cooperating with local, state and federal water agencies.
HENRC amendment clears up any confusion caused by an apparently inadvertent
reference to a waste management consortium by deleting the consortium
and replacing it with the Water Resources Research Institute. The amendment
incorrectly replaces “consortium” with “institution”
(should be “institute”) on line 25.
NMSU
State Climatologist.
Provides
$150,000 (GF) to the NMSU Board of Regents for a state climatologist.
HAGC amendment requires NMSU to submit a program evaluation to the
LFC and CHE by August 2007 detailing the benefits to the state from having
implemented this program over a three-year period.
Pink
Bollworm Control Program. (See SB
11)
Provides $400,000 (GF) to the NMSU Regents for NMDA to match pink bollworm
control districts’ expenditures pursuant to the Pink Bollworm Control
act.
HAGC amendment requires NMSU to submit a program evaluation to the
LFC and the CHE by August 2007 detailing the benefits over a three-year
period from having implemented the program.
Provides $5 million (GF) to the NMSU Board of Regents with half of the expenditure devoted to nonnative phreatophyte eradication and control program and half to be devoted to re-vegetation of native species on the Pecos River and the Rio Grande according to specified guidelines. The NMDA will assess the amount of water conserved and the amount of money expended.
HAGC amendment includes the Canadian River in the proposed revegetation project. The NMDA is not required to include the amount of water conserved in its report.
Water
Conservation Gross Receipts.
Receipts from selling or installing water conservation equipment or irrigation
of agricultural land are exempted from gross receipts tax. The State Engineer,
Interstate Stream Commission, New Mexico State University, and New Mexico
Institute of Mining and Technology are to develop relevant standards.
HBIC amendment changes a gross receipts tax exemption for water conservation
to a deduction for certified irrigation water conservation equipment,
and requires that to qualify for the deduction a technology must be certified
as an eligible technology by the Tax and Rev Department.
NMSU
Clovis Science Research Programs. (See HB
132 and SB
95)
Provides $582,000 (GF) to NMSU Board of Regents to enhance research and
education programs of NMSU’s Agricultural Science Center at Clovis,
with $354,500 going to the Agricultural Experiment Station and $227,500
to the Cooperative Extension Service.
HEC amendment requires NMSU to submit a program evaluation to the LFC,
PED and the CHE by August 2007 detailing benefits of the program over
a three-year period.
Provides $350,000 (GF) to the NMSU Board of Regents to create an aerospace engineering department.
HEC amendment requires NMSU to submit a program evaluation to the LFC, PED and the CHE by August 2007 detailing benefits of the program over a three-year period.
The Department of Agriculture is given enforcement powers when it determines a violation of pertinent laws, regulations, or license requirements. The department may issue a compliance order, assess a civil penalty of up to $3,000, or commence a civil action in district court for injunctive or other relief. It may suspend or revoke a permit, license, registration, or certification. An action by the department is final unless the party served requests a hearing within 30 days. The hearing must occur within 60 days of the request. Penalties collected go to the general fund.
Provides $250,000 (GF) to the NMSU Board of Regents to expand the school’s sports programs in order to fulfill Division 1-A requirements of the National Collegiate Athletics Association.
&
HB 426
Under present law, tuition scholarships to NM higher education institutions are available to qualified full-time resident students immediately upon completion of high school or a graduate-equivalent diploma. This bill extends the period of availability to one year. It also extends by six months the time permitted for a student to complete a two-year public post-secondary curriculum and be eligible for a scholarship for two additional years after transferring to a four-year institution.
HEC substitute for HBs 109 and 426 combines provisions of both bills expanding eligibility for tuition scholarships; and adds a provision that a student who graduates from a public high school within 100 miles of New Mexico qualifies for the scholarship only if his parents or guardians have paid New Mexico income taxes for three years. The extended scholarship eligibility provisions apply to individuals who complete high school or receive their GED on or after May 1, 2003.
(Under present law, scholarship eligibility is also extended to otherwise-qualified New Mexico residents who complete a high school curriculum at a public high school located within 100 miles of the state.)
Provides $50,000 (GF) to NMDA for a program to promote and develop New Mexico’s farmers’ markets.
If a transfer student’s complaint that he has been improperly required to repeat a course that was included in a transfer module taken at another institution is upheld by the CHE, the receiving institution shall reimburse the student the complete cost of the course, including tuition, books and fees.
Provides $244,000 (GF) to the NMSU Board of Regents for an arid urban turf grass education, research and extension program.
HEC amendment requires NMSU to submit a program evaluation to the LFC, PED and the CHE by August 2007 detailing benefits of the program over a three-year period.
Appropriates $180,000 (GF) to NMSU for FY 2005 and subsequent years repair and maintenance of agricultural-related facilities.
HAFC amendment strikes the $180,000 appropriation.
Provides $150,000 (GF) to the NMSU Board of Regents for the establishment of a livestock judging program at the College of Agriculture and Economics.
HEC amendment requires NMSU to submit a program evaluation to LFC, PED and CHE by August 2007 detailing program benefits over a three-year period.
Provides $200,000 (GF) to the NMSU Board of Regents for the employment of a veterinarian for animal health research and education services through the Cooperative Extension Service.
HAGC amendment requires NMSU to submit a program evaluation to the LFC and CHE by August 2007 detailing the benefits to the state from having implemented this program over a three-year period.
Provides that an Educational Retirement Act retiree may return to employment, including as a substitute, without losing retirement benefits. Effective 7-1-04.
Requires that service credit under the Educational Retirement Act be purchased by December 31, 2004. Those still employed would continue to have three years after employment to purchase service credit. Effective 7-1-04.
Adds educational institutions created by an Indian nation, tribe or pueblo or by the federal government to the list of post-secondary institutions where qualified New Mexico residents may attend on lottery tuition scholarships.
HEC amendment removes general reference to Indian post-secondary educational institutions that qualified New Mexico residents may attend on lottery tuition scholarships, and instead identifies by name the Institute of American Indian and Alaskan Native Culture and Arts Development and the New Mexico campuses of the Crownpoint Institute of Technology and Dine College.
The existing exemption for receipts from selling textbooks and other materials by campus bookstores is converted into a deduction. This means the store will have to report its receipts. The deduction is narrowed by confining its deduction to sales of textbooks. It is expanded by making it available to off-campus businesses. The textbooks must be required for courses at public post-secondary educational institutions and be sld to a student who shows a valid student identification.
Would require public school district to transfer to a state post-secondary institution the tuition and fees for a student counted in the membership of the district who will receive high school credit for coursework at that institution. Effective 7-1-04.
Sfl amendment provides that tuition and fees for school students who attend off-campus post-secondary institutions will be transferred to those institutions unless the school district and institution agree to reduce or waive the tuition and fees.
Adds a provision to the Antiterrorism Act to prohibit trespass on agricultural land or facilities to contaminate, threaten or destroy the food supply, disrupt operations, or cause public fear. Violation is a fourth degree felony.
Provides $121,000 (GF) to the NMSU Board of Regents to support efforts to create jobs and stimulate rural development by establishing programming, management and development of revenue sources for a permanent facility at the Santa Fe Railyard for the Santa Fe Farmers’ Market.
Adds to the list of items that may be purchased by governmental agencies without adhering to provisions of the Procurement Code: contracts for tangible personal property to be paid with money to law enforcement agencies by the federal government; works of art for museums or for display in public buildings for places; local public body contracts for operation or maintenance of certain hospitals; purchase of advertising in all media; purchase of promotional goods for resale by the Tourism Department. Excluded from central purchasing through the state purchasing agent would be any purchases made by the State Fair Commission. Effective 7-1-04.
Provides $50,000 (GF) to the NMSU Board of Regents for the College of Health and Social Services to develop distance education programs for a post-graduate geriatric nursing certificate and undergraduate gerontology minor to students enrolled in post-secondary educational institutions in NM.
HEC amendment directs NMSU to submit a program evaluation to LFC, PED and CHE by August 2007 detailing program benefits over a three-year period.
Provides $12 M (GF) to the CHE for deposit in the Faculty Endowment Fund to be disbursed to NMIMT, UNM and NMSU.
Eliminates all time limits for applying for a lottery tuition scholarship, leaving in tact the CHE authority to prepare guidelines for the administration of the program.
The employer share of group insurance premiums is increased for all state departments and institutions including institutions of higher education, public schools, school districts and charter schools. Employer contribution percentages are increased for employees in every income bracket, and the maximum annual salary for each income bracket is also raised.
Creates in the state treasury the Educational Stabilization Fund into which a portion of increased distributions from the Permanent School Fund (resulting from recent adoption of a constitutional amendment) would be transferred to ensure future funding of educational reforms. Money in the fund would be invested by the state investment officer in the manner in which land grant permanent funds are invested.
Money in the fund would be subject to appropriation by the Legislature, but not until after FY 2012. In FYs 2013 through 2016, up to 37.5 percent of the fund could be appropriated for educational reforms, and FY 2017 and subsequent years the remaining balance.
Also provides
that in FYs 2005 through 2012, monthly transfers from the current school
fund will be made to the stabilization fund in an amount equal to 12.5
percent of the distribution public schools receive from the Permanent
School Fund.
This is a framework bill for capital projects. It authorizes issuance of severance tax bonds to repair of public buildings ($8,000,000). It also appropriates $20 M from the GF to support water projects and $4 M from the Miners’ Trust Fund for improvements at the Colfax Miners’ Trust Fund for improvements at the Colfax Medical Center. (For a look at the 293-page bill, click on the bill number on the NMSU web site.)
HTRC
substitute contains 234 pages of authorized capital outlay projects throughout
the state. The issuance of STB and Supplemental STB is authorized with
proceeds going to pay for the projects. The substitute is posted in its
entirety.
The substitute requires agency certification that the project be developed
sufficiently to expect to incur within six months after the bonds are
issued a substantial binding obligation to a third party t spend at least
five percent of the bond proceeds for the project and to spend at least
85 percent of the proceeds within three years after bond issuance.
This is a framework bill for capital projects to be funded by property tax bonds. It authorizes bonds to pay for the projects and the required tax levy and submission to the voters. Nineteen projects are enumerated, including $20 million for water projects. The bill includes funding to the CHE for statewide distribution as follows: $30M for infrastructure renovation and expansion at institutions of higher learning and constitutional special schools statewide; $8M to purchase and install information technology and related infrastructure at institutions of higher learning statewide; and $18,250,000 to make accessibility and safety improvements to comply with ADA requirements at institutions of higher learning statewide.
HAFC substitute authorizes the issuance and sale of Capital Projects General Obligation Bonds for senior citizen, higher education, water project, public library and other state capital improvements and acquisitions. Voter approval is required at the November 2004 General Election. The four questions to be posed to the voters are: 1) issue general obligation bonds for senior centers in the amount of $4,050,000; 2) make capital expenditures for certain higher educational capital improvements and acquisitions in the amount of $94,892,000; 3) make capital expenditures for public library acquisitions in the amount of $16,315,000; and 4) to make capital expenditures for kindergarten classroom construction in the amount of $5,100,000. Included are:
To CHE:
$4,410,000 information technology & infrastructure statewide
$1,789,548 for health and safety improvements to comply with the ADA of
1990 statewide
$3,888,000 for state academic libraries statewide
NMSU Capital Projects
$9.5M Main campus, O’Donnell Hall
$225K Dona Ana CC Central campus
To NMSU infrastructure
renovation & expansion:
$2M Main campus
$175K Grants campus
$3.5M Dona Ana campus, East Mesa Center
$80K Carlsbad campus
$280K Alamogordo campus
Fl/a increases the authorization for senior citizen centers and adds 67
additional senior citizen facility projects. Other cleanup language.
SFC amendment has no impact on NMSU.
Provides $150,000 (GF) to NMSU Board of Regents for a neurobehavioral research project involving children and adolescents at high risk for the development of violent delinquent behavior.
Provides $300,000 (GF) to NMSU Board of Regents to fund faculty positions at the Clovis Agricultural Science Center.
Provides $570,000 (GF) to NMSU Board of Regents to match federal money for water conservation and natural resource restoration.
The Community College Act and the Technical and Vocational Institute Act are amended to waive the nonresident tuition differential for students who live in another state or Mexico within 130 miles of the community college or the technical and vocational institute. The institutions are required to negotiate with border states and Mexico to obtain reciprocal agreements, but reciprocity is not a prerequisite for the waiver.
Provides $118,000 (GF) to NMSU Board of Regents for an on-site wastewater demonstration and training center in Bernalillo County.
Provides $2.5 million (GF) to NMSU Board of Regents for non-native phyreatophyte eradication and revegetation of native species on the Pecos River.
HENRC amendment requires NMSU’s Department of Agriculture to also conduct an assessment on the amount of money expended on the control program (in addition to publishing a report that details the amount of money spent).
&
HB 109
Extends eligibility for state tuition scholarships to qualified applicants for 18 months from completing high school, G.E.D., or two-year public post-secondary institution. Also extends scholarship eligibility to otherwise qualified New Mexico residents who complete a public high school located within 100 miles of the state.
Effective July 1, 2004, the rate of the leased vehicle gross receipts tax rises from 5 percent to 7 percent.
Raises the administrative fee for each item or service performed by the Motor Vehicle Department from 50 cents to $1. Changes distribution rates.
HTRC amendment strikes the $.50 increase in administrative service fees and replaces it with a $1.00 increase (from $3.00 to $4.00) in the vehicle transaction fee charged for any transaction concerning the issuance, transfer or revocation of a title or registration. Adds an effective date of July 1, 2004.
Amends the Procurement Code to allow a central purchasing office to require electronic submission of sealed bids and proposals; and to authorize the use of a reverse auction in lieu of competitive bidding with real-time on-line bids accepted over the internet.
HJC amendment provides that the reverse auction process may not be used for the procurement of construction contracts, construction services, construction maintenance contracts or construction contracts based on unit pricing; or construction materials to be used in any of those contracts or services. Also corrects a drafting error to clarify that if the lowest bid in a reverse auction is withdrawn, the contract may be awarded to the next lowest bidder.
Provides $887,665,600 (GF) as follows: $14,285,.500 to the LCS for allocation to legislative agencies; $132,340,600 to the AOC for allocation to judicial agencies; $134,766,700 to DFA for allocation to executive agencies; and, $606,272,800 to the CHE for expenditure or allocation to higher education agencies.
Requests a study by the Human Services Department and the Health Policy Commission, with cooperation from other agencies, of the potential effects and methods of authorizing private businesses and individuals to join a public health insurance purchasing collaborative. A final report is to be presented to the Legislative Council, the Legislative Health and Human Services Committee and the Legislative Finance Committee at their December, 2004 meetings.
HBIC amendment makes a cleanup change in wording.
Requests the Educational Retirement Association to provide a three percent annual cost-of-living benefit for its retirees.
ENLACE (“Engaging Latino Communities for Education”) in New Mexico is dedicated to increasing educational success for Latino students. Requests that ENLACE be accorded representation on Public Education Department task forces, councils, and advisory groups and full participation in the department’s decision-making processes as they relate to the purpose of the organization.
Requests the CHE to establish guidelines for full-time and part-time faculty and staff ratios that reflect recognized best practices and enhance the delivery of quality higher education. CHE is also asked to monitor and analyze the impact of these guidelines.
HEC amendment further resolves that the CHE review the employment practices of state institutions of higher education with regard t part-time and nontenure-track faculty and develop recommendations for minimum salary and benefit provisions that reflect those offered to tenure-track faculty.
Resolves that the Labor Department meet with representatives of the CHE, higher education institutions, workforce programs and the PED to address data collection issues so that a system of regular outcome data about employment of academic graduates and program completers can be readily available for our education providers. Findings and recommendations are to be presented to the LFC prior to November 1, 2004.
Proposes to amend the state constitution to allow for the establishment of a scholarship program for Desert Storm veterans by exempting such veterans from the payment of tuition.
HVEC amendment broadens coverage of the proposed amendment to the Constitution to all New Mexico veterans, not just those of Desert Storm.
Fl/a reinstates
the original bill as introduced by striking HVEC amendment.
Proposes to amend the state constitution by providing for annual 45-day legislative sessions and by removing any differentiation between and restrictions on the content of even-year and odd-year sessions.
A measure signed by all House Republicans calling for equal distribution of capital outlay funds to all members of the House for their respective district.
The measure is silent on the issue of the three-way split but sets forth ten project funding criteria which include equitable statewide distribution of funds; emphasis on health, safety, education and transportation projects; project readiness; renovation and repair of existing facilities rather than initiation of new projects, and projects with matching fund prospects.
Contending that the lack of parity between retirement benefits under the PERA and the ERA contributes to the state’s teacher shortage, requests that the state rectify the problem.
$100 K to NMSU Board of Regents for repairs and improvements to athletic facilities.
$20 K to NMSU Board of Regents for acquiring equipment to convert to digital television broadcast technology.
$345,650 for the planning and design of the American Indian Cultural Center at NMSU.
$10 K for lighting on the practice and intramural athletic fields.
$610 K for improvements to the chemistry lab.
$895 K for equipment, irrigation improvements and barns for storage at Clovis branch.$424 K for equipment, irrigation improvements, barns for storage and office expansion at Tucumcari branch.
$35 K for improvements and equipment for the men’s basketball locker room.
$150 K to purchase equipment for the football program, and $25 K for equipment for the rodeo program.
$20 K for lighting improvements, and $20 K for equipment.
$55K for improvements and equipment.
$100 K to renovate facilities and purchase equipment.
$50 K for equipment.
$10 K for design and construction of facilities and equipment.
$10 K for acquiring equipment to convert to digital television broadcast technology.
$10 K for lighting on the practice and intramural athletic fields.
$50 K for the micro-filming project.
$50 K for furnishings and improvements, including the purchase of artwork.
$25 K for improvements, equipment, planning, design and construction.
$2.2 M for football stadium, press box and locker room improvements.
$190 K for improving the athletic complex.
$120 K to plan and design an environmental education center at Mesa Del Sol in Bernalillo County.
Included is:
Funding for infrastructure renovation and expansion:
$6,611,540 Main campus
$357,455 Dona Ana campus
$750,000 Alamogordo campus
$134,576 Carlsbad campus
$276,634 Grants campus
$8M
for information technology and infrastructure statewide
$10M to renovate and expand O’Donnell Hall
$3.5M for Phase 3 of the East Mesa Center, Dona Ana
$25 K to design, construct and equip golf course facilities.