0001|                                        HOUSE BILL 3
    |
0002|               42ND LEGISLATURE - STATE OF NEW MEXICO -  SECOND SESSION, 1996
    |
0003|                                       INTRODUCED BY
    |
0004|                                      SAMUEL F. VIGIL
    |
0005|     
    |
0006|                                              
    |
0007|     
    |
0008|     
    |
0009|     
    |
0010|                                           AN ACT
    |
0011|     RELATING TO EDUCATION; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
    |
0012|     
    |
0013|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0014|      Section 1.  SHORT TITLE.--This act may be cited as the "Education Appropriation Act".
    |
0015|      Section 2.  DEFINITIONS.--As used in the Education Appropriation Act:
    |
0016|           A.  "federal funds" means any payments by the United States government to state
    |
0017|     government or state agencies for specific purposes or in lieu of taxes, including grants,
    |
0018|     reimbursements and payments made in accordance with contracts or cooperative agreements, and
    |
0019|     shared revenue except those payments made in accordance with the federal Mineral Lands Leasing Act
    |
0020|     (30 U.S.C.A. 181, et seq.) and the State and Local Fiscal Assistance Act of 1972 (31 U.S.C.A.
    |
0021|     1221-1264), as amended;
    |
0022|           B.  "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes
    |
0023|     severance tax income fund and federal Mineral Lands Leasing Act receipts; and
    |
0024|           C.  "other state funds" means:
    |
0025|                (1)  unencumbered nonreverting balances in state agency accounts, other than in
    |
0001|     internal service funds accounts, appropriated by the Education Appropriation Act;
    |
0002|                (2)  all revenue available to state agencies from sources other than the general
    |
0003|     fund, internal service funds, interagency tranfers and federal funds; and
    |
0004|                (3)  all revenue, the use of which is restricted by statute or agreement.
    |
0005|      Section 3.  FORMAT.--The general format of the appropriations set forth in the Education
    |
0006|     Appropriation Act with respect to symbols used, column headings and amounts stated are those used
    |
0007|     in the General Appropriation Act of 1995.
    |
0008|      Section 4.  APPROPRIATIONS.--The appropriation for public school support in fiscal year 1997
    |
0009|     shall be:
    |
0010|     PUBLIC SCHOOL SUPPORT:
    |
0011|     (1)  State equalization guarantee 
    |
0012|      distribution:             1,164,496.8          1,000.0                            1,165,496.8
    |
0013|     (2)  Transportation distributions:
    |
0014|      (a)  Operations                   68,153.7                                                         68,153.7
    |
0015|      (b)  School-owned bus                                                                      
    |
0016|           replacements                                            2,152.4                                                              2,152.4
    |
0017|      (c)  Contractor-owned bus
    |
0018|           rent fees                                               9,826.4                                                              9,826.4
    |
0019|      Subtotal                                                    80,132.5                                                             80,132.5
    |
0020|     (3)  Supplemental distributions:
    |
0021|      (a)  Out-of-state tuition                  390.0                                                      390.0
    |
0022|      (b)  Emergency                1,421.0                                                 1,421.0
    |
0023|      (c)  Emergency capital outlay            300.0                                                        300.0
    |
0024|     (4)  Training and experience                                  3,214.0                                                              3,214.0
    |
0025|     (5)  Special education - eval. svcs                           2,800.0                                                              2,800.0
    |
0001|      Subtotal                                                 1,252,754.3                  1,000.0                                 1,253,754.3
    |
0002|      The rate of distribution of the state equalization guarantee distribution shall be based on
    |
0003|     a program unit value determined by the superintendent of public instruction.  That unit value
    |
0004|     shall be used to establish tentative budgets for the 1996-97 school year.  Upon completion of
    |
0005|     final budgets or verification of the number of units statewide for fiscal year 1997, the
    |
0006|     superintendent of public instruction may adjust the program unit value.
    |
0007|      The general fund appropriation of three million two hundred fourteen thousand dollars
    |
0008|     ($3,214,000) for training and experience shall enable the superintendent of public instruction to
    |
0009|     make an additional distribution to certain local school districts.  Any local school district not
    |
0010|     receiving a waiver from the superintendent of public instruction in the calculation of the October
    |
0011|     1995 training and experience index for instructional staff shall receive an additional
    |
0012|     distribution for the 1996-97 school year.  That distribution shall be calculated as follows: 
    |
0013|     number of membership program units in that district times (.007) times the unit value established
    |
0014|     by the superintendent of public instruction for the 1996-97 school year.
    |
0015|      The general fund appropriation of two million eight hundred thousand dollars ($2,800,000)
    |
0016|     for special education evaluative services shall be distributed to school districts requiring the
    |
0017|     services of special education evaluative personnel in fiscal year 1997 as determined by the
    |
0018|     superintendent of public instruction.
    |
0019|      The general fund appropriation to the public school fund shall be reduced by the amounts
    |
0020|     transferred to the public school fund from the current school fund and from the federal Mineral
    |
0021|     Lands Leasing Act (30 U.S.C.A. 181, et seq.) receipts otherwise unappropriated.
    |
0022|      Unexpended or unencumbered balances in the distributions authorized remaining at the end of
    |
0023|     fiscal year 1997 from appropriations made from the general fund shall revert to the general fund.
    |
0024|     INSTRUCTIONAL MATERIAL FUND:               22,620.7             500.0                                              23,120.7
    |
0025|      The appropriation to the instructional material fund is made from the federal Mineral Lands
    |
0001|     Leasing Act (30 U.S.C.A. 181, et seq.) receipts.
    |
0002|     STATE SUPPORT RESERVE FUND:                1,250.0                                                   1,250.0
    |
0003|     EDUCATIONAL TECHNOLOGY FUND:          3,050.0                                                        3,050.0
    |
0004|     TOTAL PUBLIC SCHOOL SUPPORT:                              1,279,675.0                  1,500.0                                 1,281,175.0
    |
0005|     ADULT BASIC EDUCATION FUND:                                   3,000.0                                               1,645.3        4,645.3
    |
0006|     STATE DEPARTMENT OF PUBLIC EDUCATION:
    |
0007|     (1)  Administration:
    |
0008|      (a)  Personal services                                       5,346.4                                   30.3        2,739.5        8,116.2
    |
0009|      (b)  Employee benefits                                       1,471.7                                    9.5          797.4        2,278.6
    |
0010|      (c)  In-state travel                                           296.1                                    5.5          191.4          493.0
    |
0011|      (d)  Maintenance and repairs             104.7                  36.2                                    4.3          145.2
    |
0012|      (e)  Supplies and materials              144.6                             30.2          94.5         269.3
    |
0013|      (f)  Contractual services                                      251.0                     13.8                        690.4          955.2
    |
0014|      (g)  School bus inspections              295.0                                                        295.0
    |
0015|      (h)  Operating costs                                           351.8                                    5.3          551.8          908.9
    |
0016|      (i)  Other costs                                                 3.4                                                 204.0          207.4
    |
0017|      (j)  Capital outlay                                             20.9                                                  49.4           70.3
    |
0018|      (k)  Out-of-state travel                                        25.0                                     .8           64.6           90.4
    |
0019|      (l)  Operating transfers out               5.2                               .1         152.0         157.3
    |
0020|      Authorized FTE:  169.0   Permanent;  65.0 Term; .2 Temporary
    |
0021|      Subtotal                                                     8,315.8                     50.0          81.7        5,539.3       13,986.8
    |
0022|      The general fund appropriation to the state department of public education includes two
    |
0023|     hundred ninety-five thousand dollars ($295,000) to implement and administer a school bus
    |
0024|     inspection program.
    |
0025|      The appropriation to the state department of public education includes two hundred thirty-four thousand five hundred dollars ($234,500) from federal Mineral Lands Leasing Act (30 U.S.C.A.
    |
0001|     181, et seq.) receipts.
    |
0002|      Category transfers and budget increases from internal service funds/interagency transfers
    |
0003|     are specifically authorized for the state department of public education.  Such internal service
    |
0004|     funds/interagency transfers are appropriated.
    |
0005|     (2)  Special projects:                                        3,000.0                                                              3,000.0
    |
0006|     (3)  Apprenticeship assistance:                                            600.0                                                     600.0
    |
0007|     (4)  Regional education cooperatives:
    |
0008|      (a)  Region IX                                                             56.6                     1,402.8        1,459.4
    |
0009|      Authorized FTE:      26.0 Term
    |
0010|      (b)  High Plains                                                        1,122.4                     1,160.9        2,283.3
    |
0011|      Authorized FTE:  44.15 Term                                       
    |
0012|      (c)  Central                                                              681.5                     1,107.1        1,788.6
    |
0013|      Authorized FTE:  27.56 Term
    |
0014|      Category transfers and budget increases from other state funds and internal service
    |
0015|     funds/interagency transfers are specifically authorized for regional education cooperatives.  Such
    |
0016|     other state funds and internal service funds/interagency transfers are appropriated.
    |
0017|      Section 5.  SEVERABILITY.--If any part or application of this act is held invalid, the
    |
0018|     remainder or its application to other situations or persons shall not be affected.
    |
0019|      Section 6.  EMERGENCY.--It is necessary for the public peace, health and safety that this
    |
0020|     act take effect immediately.
    |
0021|                                            -  -
    |
0022|     
    |
0023|     
    |
0024|     
    |
0025|           
    |
0001|   
    |
0002|                                FORTY-SECOND LEGISLATURE
    |
0003|                                     SECOND SESSION
    |
0004|   
    |
0005|   
    |
0006|                                                                       January 24, 1996
    |
0007|   
    |
0008|   
    |
0009|   Mr. Speaker:
    |
0010|   
    |
0011|     Your EDUCATION COMMITTEE, to whom has been referred
    |
0012|   
    |
0013|              
    |
0014|                                     HOUSE BILL 3  
    |
0015|   
    |
0016|   
    |
0017|   has had it under consideration and reports same with recommendation that it DO PASS, amended
    |
0018|   as follows: 
    |
0019|   
    |
0020|     
    |
0021|     1.  On page 2, line 12, under the column "General Fund", strike "1,164,496.8" and insert
    |
0022| in lieu thereof "1,187,945.8".
    |
0023| 
    |
0024|     2.  On page 2, between lines 12 and 13, insert the following item and appropriation under
    |
0025| the column "General Fund" to read:
    |
0001| 
    |
0002|     "(a)  Additional state equalization guarantee distribution - special education    
    |
0003| 2,800".
    |
0004| 
    |
0005|     3.  On page 2, line 14, under the column "General Fund", strike "68,153.7" and insert in
    |
0006| lieu thereof "68,939.3".
    |
0007| 
    |
0008|     4.  On page 2, strike line 25 in its entirety.
    |
0009| 
    |
0010|     5.  On page 3, between lines 6 and 7, insert the following new paragraphs to read:
    |
0011| 
    |
0012| 
    |
0013| 
    |
0014|     "For the 1996-97 school year, the additional state equalization guarantee distribution
    |
0015| for special education shall be added to the state equalization guarantee distribution prior to
    |
0016| the calculation required pursuant to Section 22-8-25 NMSA 1978.  During that school year, the
    |
0017| state department of public education shall define special education related services to
    |
0018| include evaluation for purposes of calculating the state equalization guarantee distribution.
    |
0019| 
    |
0020|     Included in the above distributions are sufficient funds for an average two percent
    |
0021| salary increase for all public school personnel.".
    |
0022| 
    |
0023|     6.  On page 3, line 13, strike "(.007)" and insert in lieu thereof "(.006)".
    |
0024| 
    |
0025|     7.  On page 3, strike lines 15 through 18 in their entirety.
    |
0001| 
    |
0002|     8.  On page 4, line 3, under the column "General Fund", strike "3,050.0" and insert in
    |
0003| lieu thereof "3,400.0".
    |
0004| 
    |
0005|     9.  On page 4, line 4, under the column "General Fund", strike "1,279,675.0" and insert
    |
0006| in lieu thereof "1,304,259.6".
    |
0007| 
    |
0008|     10.  On page 4, line 5, under the column "General Fund", strike "3,000.0" and under the
    |
0009| column "Federal Funds", strike "1,645.3".
    |
0010| 
    |
0011|     11.  On page 4, between lines 5 and 6, insert the following items, appropriations under
    |
0012| the columns "General Fund" and "Federal Funds" and language to read:
    |
0013| 
    |
0014|     "(a)  General education development                        342.9      182.8
    |
0015|     (b)  Project forward               414.9      221.2
    |
0016|     (c)  Adult basic education                               1,739.0      926.9
    |
0017|     (d)  English as a second language                          589.9      314.4
    |
0018|          Subtotal                    3,086.7    1,645.3
    |
0019| 
    |
0020| 
    |
0021| 
    |
0022|     The state department of public education shall proportionately distribute the adult basic
    |
0023| education appropriation to each adult basic education instructional site based on the number
    |
0024| of students in each program as verified by the department for the 1995-96 school year.  Each
    |
0025| site shall keep accurate counts of the students in the programs and report to the department. 
    |
0001| Transfer of funds from one program to another shall be determined on a site-by-site basis and
    |
0002| must be approved by the legislative finance committee and the commission on higher
    |
0003| education.".
    |
0004| 
    |
0005|     12.  On page 4, line 14, under the column "General Fund", strike "295.0" and insert in
    |
0006| lieu thereof "75.0".
    |
0007| 
    |
0008|     13.  On page 4, lines 22 and 23, strike "two hundred ninety-five thousand dollars
    |
0009| ($295,000)" and insert in lieu thereof "seventy-five thousand dollars ($75,000)".
    |
0010| 
    |
0011|     14.  On page 5, between lines 5 and 6, insert the following:
    |
0012| 
    |
0013| "Unexpended or unencumbered balances in the state department of public education remaining at
    |
0014| the end of fiscal year 1997 from appropriations made from the general fund shall not revert.".
    |
0015| 
    |
0016|     15.  On page 5, line 13, under the column "Other State Funds", strike "681.5" and insert
    |
0017| in lieu thereof "1,367.1".
    |
0018| 
    |
0019|     16.  On page 5, between lines 14 and 15, insert the following items, appropriations under
    |
0020| the columns "Other State Funds" and "Federal Funds" and language to read:
    |
0021| 
    |
0022|     "(d)  Northeast                   24.3    721.6
    |
0023|           Authorized FTE: 3.9 Term
    |
0024| 
    |
0025|      (e)  Pecos Valley               413.9    838.4
    |
0001|           Authorized FTE: 21.8 Term
    |
0002| 
    |
0003| 
    |
0004| 
    |
0005| 
    |
0006| 
    |
0007| 
    |
0008| 
    |
0009|     The appropriations to the Northeast and Pecos Valley regional 
    |
0010| education cooperatives are contingent upon the state department of public education completing
    |
0011| and distributing a regional education cooperative operating manual for all existing regional
    |
0012| education cooperatives.  The manual shall delineate the oversight role of the state department
    |
0013| of public education and shall be approved by the legislative finance committee and the
    |
0014| legislative education study committee.  
    |
0015|     
    |
0016|     In distributing money appropriated to the state department of public education for
    |
0017| special projects, the department shall conduct an application and review process to determine
    |
0018| the specific dollar amounts to be distributed to local school districts or individual
    |
0019| projects.  After distribution, the department shall report to the legislative education study
    |
0020| committee and the legislative finance committee the number of projects funded, the name and
    |
0021| description of projects funded, the amount awarded to each, the criteria utilized in selecting
    |
0022| the projects, the amount of administrative costs and direct services provided by a project,
    |
0023| the amount of required matching funds, funds available from other than state sources, the
    |
0024| population and school districts served by a project, the performance indicators and the
    |
0025| ability to replicate successful projects.
    |
0001| 
    |
0002|     In distributing the general fund appropriation for apprenticeship assistance, the state
    |
0003| department of public education shall conduct an application and review process to determine
    |
0004| the amounts to be allocated for individual programs.  The department shall report to the
    |
0005| legislative education study committee and the legislative finance committee regarding the
    |
0006| number of programs funded, including the name and description of programs funded, the amount
    |
0007| awarded to each, the criteria utilized in making awards, the administrative costs and direct
    |
0008| services provided by a program, required matching funds, the availability of funds from other
    |
0009| than state sources, the areas served, the performance indicators and the ability to replicate
    |
0010| successful programs.".
    |
0011| 
    |
0012| 
    |
0013| 
    |
0014| 
    |
0015| 
    |
0016|     17.  On page 5, between lines 17 and 18, insert the following items, appropriations under
    |
0017| the column "General Fund" and language to read:
    |
0018| 
    |
0019|     "SPECIAL APPROPRIATIONS:
    |
0020|     STATE DEPARTMENT OF PUBLIC EDUCATION
    |
0021| 
    |
0022|           (1)  Staff development                                178.0
    |
0023|           (2)  World class teacher project            100.0
    |
0024|           (3)  Year-round/double sessions                       200.0
    |
0025|           (4)  School to work                         100.0
    |
0001|           (5)  National board cert. - 4% sal. inc.                    30.0
    |
0002|           (6)  Capital outlay cost-benefit study      100.0
    |
0003| 
    |
0004|       The general fund appropriation of one hundred seventy-eight thousand dollars ($178,000)
    |
0005| for staff development shall be distributed equally to each local school district to design and
    |
0006| implement professional development plans for all school employees based on criteria adopted by
    |
0007| the state board of education.  The board shall develop and adopt a statewide professional
    |
0008| development framework based on the school districts' plans and submit a written report to the
    |
0009| legislative education study committee by November 1, 1996 with recommendations for future
    |
0010| funding of professional development.
    |
0011| 
    |
0012|       The general fund appropriation of two hundred thousand dollars ($200,000) for year-round
    |
0013| schools or double session schools shall be distributed proportionately by the superintendent
    |
0014| of public instruction to local school districts operating year round and to districts
    |
0015| operating high schools on a double-session schedule at a rate determined by the superintendent
    |
0016| of public instruction.
    |
0017| 
    |
0018|       The general fund appropriation of one hundred thousand dollars ($100,000) for school to
    |
0019| work shall be used to establish a school-to- work planning system to provide opportunities for
    |
0020| students in the work force.
    |
0021| 
    |
0022| 
    |
0023| 
    |
0024| 
    |
0025| 
    |
0001| 
    |
0002|       The general fund appropriation of thirty thousand dollars ($30,000) shall be distributed
    |
0003| in appropriate increments to each school district for the purpose of providing a four percent
    |
0004| salary increase for national board certified teachers after the superintendent of public
    |
0005| instruction receives official notice from the national board for professional teaching
    |
0006| standards verifying that a teacher in the district has received national board certification.
    |
0007| 
    |
0008|       The general fund appropriation of one hundred thousand dollars ($100,000) for a capital
    |
0009| outlay cost-benefit study shall be used to contract for a statewide study of the
    |
0010| infrastructure needs of school districts.  The public school capital outlay council shall
    |
0011| develop criteria for a request for proposals and shall select the contractor for the study. 
    |
0012| The contractor shall present a completed report of the study with recommendations to the
    |
0013| public school capital outlay council and the legislative education study committee no later
    |
0014| than December 1, 1996.
    |
0015| 
    |
0016|           LEGISLATIVE EDUCATION STUDY COMMITTEE:
    |
0017|           STRATEGIC PLANNING                          100.0
    |
0018| 
    |
0019|       The legislative education study committee, in cooperation with the legislature, the
    |
0020| executive, the judiciary, the state board of education and the public, shall develop and reach
    |
0021| consensus on a statewide strategic plan for New Mexico's public schools that provides a well-defined vision and articulated steps to define and achieve national preeminence in
    |
0022| education.".
    |
0023| 
    |
0024|       18.  Adjust all totals and subtotals accordingly.,
    |
0025| 
    |
0001| and thence referred to the APPROPRIATIONS AND FINANCE COMMITTEE.
    |
0002| 
    |
0003| 
    |
0004| 
    |
0005| 
    |
0006| 
    |
0007| The roll call vote on Amendments #1-13 and 15-17 was   9  For
    |
0008|   2  Against
    |
0009| Yes:      9
    |
0010| No:       Dolliver, Weeks
    |
0011| Excused:  Nicely
    |
0012| Absent:   None
    |
0013| 
    |
0014| 
    |
0015|                                Respectfully submitted,
    |
0016| 
    |
0017| 
    |
0018|                                _____________________________
    |
0019|                                Sanuel F. Vigil, Chairman 
    |
0020| 
    |
0021| 
    |
0022| 
    |
0023| Adopted___________________   Not Adopted___________________
    |
0024|           (Chief Clerk)                     (Chief Clerk)
    |
0025| 
    |
0001| 
    |
0002| 
    |
0003|                         Date ______________
    |
0004| 
    |
0005| 
    |
0006| 
    |
0007| The roll call vote was   9  For   3  Against
    |
0008| Yes:      9    
    |
0009| No:       Dolliver, Nicely, Weeks    
    |
0010| Excused:  None
    |
0011| Absent:   None
    |