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New MexfoeticoatSR EPORT OF THEL EGISLATIVE F INANCE C OMMITTEETO THEForty-Ninth LegislatureFirst SessionJANUARY 2009FOR FISCAL YEAR 2010Volume IILegislating for Results:appropriation recommendations
Published by:NEW MEXICO STATE LEGISLATIVE FINANCE COMMITTEE325 Don Gaspar, Suite 101, Santa Fe, New Mexico 87501David Abbey, DirectorCathy T. Fernandez, Deputy DirectorManu Patel, (CPA) Deputy DirectorSylvia J. Barela, Administrative Services ManagerSTAFFHipolito (Paul) Aguilar, Principal AnalystDavid Archuleta, Senior Fiscal Analyst IMichelle Aubel, Senior Fiscal Analyst IISharon Boylan, Administrative Assistant IIKyle Burns, Fiscal AnalystGary Chabot, Principal AnalystDavid Craig, Program EvaluatorLawrence Davis, Program EvaluatorBrent Earnest, Senior Fiscal Analyst IISusan R. Fleischmann, (CPA) Program Evaluator IINorton Francis, Chief EconomistBrenda Fresquez, Program Evaluator IIPam Galbraith, Program EvaluatorBecky Gutierrez, EconomistDonna K. Hill-Todd, Program Evaluation ManagerCraig Johnson, Program Evaluator IILinda M. Kehoe, Principal AnalystJohn Ketchens, Program EvaluatorJeannae Leger, Fiscal AnalystDavid Lucero, Principal AnalystJordan Maril, Program EvaluatorSamantha Montoya, Committee Services CoordinatorEugene Moser, Principal AnalystEllie Ortiz, Senior Fiscal AnalystDaniel Padilla, Office ManagerRenada Peery-Galon, Senior Fiscal Analyst IIAnnamae Salas, Administrative AssistantCharles Sallee, Program Evaluation ManagerAurora Sanchez, (CISA) Program Evaluation ManagerChristian Sanchez, Fiscal AnalystMary Trujillo, Administrative Assistant IIIPaul Varela, Fiscal AnalystMark Weber, Principal AnalystDan White, EconomistArley Williams, Principal AnalystBrett Woods, Principal AnalystHelen Gaussoin, Editor and Public InformationJanuary 2009
TABLE OF CONTENTSLEGISLATIVELegislative Branch.CODENO.PAGENO.111-1311JUDICIALSupreme Court Law Library .New Mexico Compilation Commission.Judicial Standards Commission.Court of Appeals .Supreme Court.Supreme Court Building Commission .Administrative Office of the Courts.District Courts (All) .First Judicial District Court .Second Judicial District Court .Third Judicial District Court .Fourth Judicial District Court.Fifth Judicial District Court .Sixth Judicial District Court .Seventh Judicial District Court .Eighth Judicial District Court .Ninth Judicial District Court.Tenth Judicial District Court .Eleventh Judicial District Court .Twelfth Judicial District Court.Thirteenth Judicial District Court .Bernalillo County Metropolitan Court .District Attorneys (All).First Judicial District Attorney.Second Judicial District Attorney.Third Judicial District Attorney.Fourth Judicial District Attorney .Fifth Judicial District Attorney.Sixth Judicial District Attorney.Seventh Judicial District Attorney.Eighth Judicial District Attorney.Ninth Judicial District Attorney .Tenth Judicial District Attorney.Eleventh Judicial District Attorney (Div I) .Eleventh Judicial District Attorney (Div II) .Twelfth Judicial District Attorney .Thirteenth Judicial District Attorney.Administrative Office of the District Attorneys ERAL CONTROLAttorney General.State Auditor .Taxation and Revenue Department .State Investment Council .Department of Finance and Administration.DFA Non-Operating Appropriations .Public School Insurance Authority .Retiree Health Care Authority .General Services Department.Educational Retirement Board .New Mexico Sentencing Commission.- 8829093
TABLE OF CONTENTSPublic Defender Department.Governor .Lieutenant Governor .Department of Information Technology.Public Employees Retirement Association.State Commission of Public Records.Secretary of State .Personnel Board .Public Employees Labor Relations Board.State Treasurer 9101106109111115118119COMMERCE AND INDUSTRYBoard of Examiners for Architects.Border Authority .Tourism Department .Economic Development Department .Regulation and Licensing Department.Public Regulation Commission .Medical Board .Board of Nursing .New Mexico State Fair.State Board of Licensure for Professional Engineers & Land Surveyors.Gaming Control Board .State Racing Commission.Board of Veterinary Medicine.Cumbres and Toltec Scenic Railroad Commission.Office of Military Base Planning and Support.Spaceport Authority ICULTURE, ENERGY AND NATURAL RESOURCESCultural Affairs Department.New Mexico Livestock Board.Department of Game and Fish.Energy, Minerals and Natural Resources .Youth Conservation Corps.Intertribal Ceremonial Office .Commissioner of Public Lands.State Engineer .Organic Commodity EALTH, HOSPITALS AND HUMAN SERVICESCommission on the Status of Women.Office of African American Affairs .Commission for the Deaf and Hard-of-Hearing Persons.Martin Luther King, Jr., Commission .Commission for the Blind .Indian Affairs Department .Aging and Long-Term Services Department.Human Services Department.New Mexico Department of Workforce Solutions.Workers' Compensation Administration .Division of Vocational Rehabilitation.Governor's Commission on Disability.Developmental Disabilities Planning Council .Miners' Hospital of New Mexico .- ii-
TABLE OF CONTENTSDepartment of Health.Department of Environment .Office of the Natural Resources Trustee.New Mexico Health Policy Commission.Veterans' Services Department .Children, Youth and Families Department 9PUBLIC SAFETYDepartment of Military Affairs.Parole Board .Juvenile Parole Board.Corrections Department.Crime Victims Reparation Commission.Department of Public Safety .Homeland Security and Emergency Management 331TRANSPORTATIONDepartment of Transportation .805333OTHER EDUCATIONPublic Education Department .Regional Education Cooperatives.Public School Facilities Authority .924930940339343345HIGHER EDUCATIONHigher Education Department.Higher Education .950952-980347356PUBLIC SCHOOL SUPPORTPublic School Support.993382- iii-
LEGISLATIVE BRANCH111-131LEGISLATIVE BRANCHBUDGET SUMMARY(Dollars in tive Council ServiceLegislative Finance CommitteeSenate Chief ClerkHouse Chief ClerkLegislative Education Study CommitteeLegislative Building Services (GAA)Interim Committee ExpensesPre-Session ExpensesLegislative Internship ProgramSenate Rules Interim CommitteeEnergy Council Dues (GAA)TOTAL LEGISLATIVE BRANCHNON-RECURRINGLegislatureLFC recommendationFY10 - 0 *7,900.0AgencyRequest5,898.2 **5,898.2 ***Appropriation for the 2009 legislative session (60 days) will be made by the Legislature in January 2009. The budgetedamount of 8,700.0 was provided by the Legislative Council Service. The LFC recommendation is based on the previous60-day session in 2007.**Appropriation for the 2010 legislative session (30 days) will be made by the Legislature in January 2010. Amount shown isbased on the previous 30-day session in 2008.TRANSMITTAL OF ESTIMATESAppropriation estimates for the operation of the legislative branch of government are transmitted herewith by the LegislativeFinance Committee. Estimates have been supplied by the Legislative Council Service, Legislative Finance Committee,Legislative Education Study Committee, Legislative Building Services, Senate chief clerk, and House chief clerk.All appropriations to the legislative branch of government are made through the feed bill, except for those indicated by(GAA), which are made through the General Appropriation Act.1
SUPREME COURT LAW LIBRARY205STATUTORY AUTHORITY:Sections 18-1-1 through 18-1-12 NMSA 1978 provide for a Supreme Court Law Library for use by all citizens of New Mexico.The management, control, and supervision of the library are the responsibility of a board of trustees consisting of the SupremeCourt justices. In addition to general circulation, the Supreme Court Law Library provides reference support, acquisition andupdate of legal materials, and research assistance. Its other major function is to provide guidelines, rules, and training to ensurethe maintenance of all district court libraries.MISSION:The mission of the Supreme Court Law Library is to provide access to the primary law and related legal materials to the citizensof the State of New Mexico, including the judiciary, the Legislature, and the executive branches of state government, as well asthe general public, and in so doing fulfill the constitutional requirement of providing equal access to justice.BUDGET SUMMARY(dollars in thousands)FY082007-2008ActualsSOURCESGeneral Fund TransfersOther RevenuesSOURCES TOTALUSESPersonal Services and EmployeeBenefitsContractual ServicesOtherTOTAL USESFTEPermanentTOTAL FTE POSITIONSFY092008-2009BudgetedFY10 – 09.09.09.09.00.00.0BUDGET ISSUES:For FY10, the Supreme Court Law Library requested 1.8 million, or a 3.3 percent, increase over FY09. The increase is primarilydue to projected publication and subscription rates in the contractual and other costs category. LFC recommends a 5.5 percentdecrease.SUPREME COURT LAW LIBRARYThe purpose of the supreme court law library is to provide and produce legal information for the judicial, legislative and executivebranches of state government, the legal community and the public at large so they may have equal access to the law, effectivelyaddress the courts, make laws and write regulations, better understand the legal system and conduct their affairs in accordancewith the principles of law.PERFORMANCE MEASURES* OutputQualityOutput* OutputPercent of updated titlesPercent of staff time spent on shelving andupdating library materialsNumber of website hitsNumber of research 9Budget80% 20%FY10Request80% 20%FY10Recomm80% 0007,000
NEW MEXICO COMPILATION COMMISSION208STATUTORY AUTHORITY:The New Mexico Compilation Commission was established by Sections 12-1-1 through 12-1-14 NMSA 1978 and is responsiblefor publishing, selling, and distributing the New Mexico Statutes Annotated (NMSA), opinions and rules of the court (New MexicoReports), Attorney General opinions, the "Magistrate and Metropolitan Bench Book," and the "Juvenile Probation OfficersManual." The commission also maintains a computer database of each publication. In addition, the commission drafts SupremeCourt rules, jury instructions, and civil and criminal forms on a contractual basis. It serves as staff to the Supreme Court rulescommittee, assists in the publication of the Secretary of State’s session laws, and is authorized to prepare and keep currentparallel tables of the New Mexico statutes.BUDGET SUMMARY(dollars in thousands)FY082007-2008ActualsSOURCESGeneral Fund TransfersOther TransfersOther RevenuesSOURCES TOTALUSESPersonal Services and EmployeeBenefitsContractual ServicesOtherTOTAL USESFTEPermanentTermTOTAL FTE POSITIONSFY092008-2009BudgetedFY10 – .01.06.00.00.00.0BUDGET ISSUES:The Compilation Commission is requesting a flat general fund budget. However, the budget reflects 400 thousand in othertransfers to the commission by Legislative Council Services (LCS) for the creation of special publications, enhancement oflegislative document systems, and the hiring of attorney editors for review and cleanup of the NMSA 1978 case annotations. ForFY09 the legislature appropriated 400 thousand to the LCS in Laws 2008, Chapter 1 (feed bill). It is anticipated that the samerequest will be made for FY10. The LCS received 100 thousand in FY08 and 400 thousand in FY09 to more accurately reflectthe legislative share of the on-going development of the self-publishing effort undertaken in collaboration with the compilationcommission. The inclusion of these funds will increase the commission's FY10 budget by more than 26 percent.Until December 31, 2007, the commission's director had been a contract employee. Pursuant to Laws 2006, Chapter 70, Section2, the Legislature directed that the director "serve as the chief administrative officer of the commission," which made it necessarythat the position be filled with a state employee. This resulted in a national search by the commission for a new administratorwith legal publishing and business management experience and sales and marketing expertise to provide improved customerservice for the executive, legislative, and judicial branches. The commission hired a new director effective June 16, 2008. Thedirector's salary and employee benefits were previously funded through contractual services but for FY10 will be funded from thepersonal services and employee benefits category.NEW MEXICO COMPILATION COMMISSIONThe purpose of the New Mexico compilation commission is to publish in print and electronic format, distribute and sell (1) lawsenacted by the legislature, (2) opinions of the supreme court and court of appeals, (3) rules approved by the supreme court, (4)attorney general opinions and (5) other state and federal rules and opinions. The commission ensures the accuracy andreliability of its publications.* OutputPERFORMANCE MEASURESFY07ActualAmount of revenue collected, in thousands 1,215.13FY08Actual 1,291.3FY09Budget 1,291.3FY10Request 1,291.3FY10Recomm 1,300.0
JUDICIAL STANDARDS COMMISSION210STATUTORY AUTHORITY:An amendment to Article VI, Section 32, of the New Mexico Constitution created the Judicial Standards Commission to provide ameans for disciplining judges at all levels of the judiciary. The commission consists of 11 members: six lay people appointed bythe governor, two attorneys elected by the New Mexico Bar Association board of commissioners, and three members appointedby the Supreme Court. The latter three positions are filled by a Supreme Court justice, a magistrate judge, and a Court ofAppeals or district court judge. The six lay members serve five-year terms, while the attorney and judge members serve fouryear terms.MISSION:The Judicial Standards Commission serves to protect the public from the improper conduct and behavior of judges; to preservethe integrity of the judicial process; to maintain public confidence in the judiciary; to create a greater awareness of proper judicialbehavior on the part of the judiciary and the public; and to provide for the expeditious and fair disposition of complaints of judicialmisconduct. The commission also maintains a duty to the judiciary to maintain the strict confidentiality of all matters before thecommission until such time as the matters are filed in the New Mexico Supreme Court.BUDGET SUMMARY(dollars in thousands)FY082007-2008ActualsSOURCESGeneral Fund TransfersSOURCES TOTALUSESPersonal Services and EmployeeBenefitsContractual ServicesOtherTOTAL USESFTEPermanentTemporaryTOTAL FTE POSITIONSFY092008-2009BudgetedFY10 – 01.08.07.01.08.07.01.08.07.01.08.00.00.00.0BUDGET ISSUES:The Judicial Standards Commission requested 892.4 thousand, a 40 thousand increase over FY09. LFC recommended 807.2 thousand, a 5.2 percent decrease, for the Judicial Standards Commission.The number of written verified complaints received an
Gary Chabot, Principal Analyst David Craig, Program Evaluator Lawrence Davis, Program Evaluator Brent Earnest, Senior Fiscal Analyst II Susan R. Fleischmann, (CPA) Program Evaluator II Norton Francis, Chief Economist Brenda Fresquez, Program Evaluator II Pam Galbraith, Program Evaluator Becky Gutierrez, Economist
