0001| SENATE BILL 400
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| MANNY M. ARAGON
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO PUBLIC SCHOOL FINANCE; AMENDING A CERTAIN SECTION OF
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0013| THE NMSA 1978 PERTAINING TO THE METHODS OF CALCULATING THE STATE
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0014| EQUALIZATION GUARANTEE DISTRIBUTION.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 22-8-25 NMSA 1978 (being Laws 1981,
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0018| Chapter 176, Section 5, as amended by Laws 1993, Chapter 226,
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0019| Section 23 and also by Laws 1993, Chapter 231, Section 14) is
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0020| amended to read:
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0021| "22-8-25. STATE EQUALIZATION GUARANTEE DISTRIBUTION--
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0022| DEFINITIONS--DETERMINATION OF AMOUNT.--
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0023| A. The state equalization guarantee distribution is
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0024| that amount of money distributed to each school district to
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0025| ensure that the school district's operating revenue, including
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0001| its local and federal revenues as defined in this section, is at
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0002| least equal to the school district's program cost.
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0003| B. "Local revenue", as used in this section, means
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0004| ninety-five percent of receipts to the school district derived
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0005| from that amount produced by a school district property tax
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0006| applied at the rate of fifty cents ($.50) to each one thousand
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0007| dollars ($1,000) of net taxable value of property allocated to
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0008| the school district and to the assessed value of products
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0009| severed and sold in the school district as determined under the
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0010| Oil and Gas Ad Valorem Production Tax Act and upon the assessed
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0011| value of equipment in the school district as determined under
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0012| the Oil and Gas Production Equipment Ad Valorem Tax Act.
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0013| C. "Federal revenue", as used in this section, means
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0014| ninety-five percent of receipts to the school district,
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0015| excluding amounts which, if taken into account in the
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0016| computation of the state equalization guarantee distribution,
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0017| result, under federal law or regulations, in a reduction in or
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0018| elimination of federal school funding otherwise receivable by
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0019| the school district, derived from the following:
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0020| (1) the school district's share of forest
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0021| reserve funds distributed in accordance with Section 22-8-33
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0022| NMSA 1978; and
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0023| (2) grants from the federal government as
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0024| assistance to those areas affected by federal activity
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0025| authorized in accordance with Sections 236 through 240 of Title
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0001| 20 of the United States Code (commonly known as "PL 874 funds")
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0002| or an amount equal to the revenue the district was entitled to
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0003| receive if no application was made for such funds but deducting
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0004| from those grants the additional amounts to which school
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0005| districts would be entitled because of the provisions of
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0006| Subparagraph (D) of Paragraph (2) of Subsection (d) of Section
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0007| 238 of Title 20 of the United States Code.
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0008| D. To determine the amount of the state equalization
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0009| guarantee distribution, the state superintendent shall:
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0010| (1) calculate the number of program units to
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0011| which each school district is entitled using the membership of
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0012| the fortieth day of the school year, except for school districts
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0013| with a MEM of [200] two hundred or less where the number of
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0014| program units shall be calculated on the fortieth day membership
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0015| of either the prior year or the current year, whichever is
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0016| greater, for all programs except special education, which shall
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0017| be calculated by using the membership on December 1 of the
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0018| school year; or
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0019| (2) calculate the number of program units to
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0020| which a school district operating under an approved year-round
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0021| school calendar is entitled using the membership on an
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0022| appropriate date established by the state board;
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0023| (3) using the results of the calculations in
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0024| Paragraph (1) or (2) of this subsection and the instructional
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0025| staff training and experience index from the October report of
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0001| the prior school year, establish a total program cost of the
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0002| school district;
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0003| (4) calculate the local and federal revenues as
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0004| defined in this section;
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0005| (5) deduct the sum of the calculations made in
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0006| Paragraph (4) of this subsection from the program cost
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0007| established in Paragraph (3) of this subsection; and
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0008| (6) deduct the total amount of guaranteed
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0009| energy savings contract payments that the state superintendent
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0010| determines will be made to the school district from the public
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0011| school energy efficiency fund during the fiscal year for which
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0012| the state equalization guarantee distribution is being computed.
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0013| E. The amount of the state equalization guarantee
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0014| distribution to which a school district is entitled is the
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0015| balance remaining after the deductions made in Paragraphs (5)
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0016| and (6) of Subsection D of this section.
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0017| F. The state equalization guarantee distribution
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0018| shall be distributed prior to June 30 of each fiscal year. The
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0019| calculation shall be based on the local and federal revenues
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0020| specified in this section received from June 1 of the previous
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0021| fiscal year through May 31 of the fiscal year for which the
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0022| state equalization guarantee distribution is being computed. In
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0023| the event that a district has received more state equalization
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0024| guarantee funds than its entitlement, a refund shall be made by
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0025| the district to the state general fund.
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0001| [G. Notwithstanding the methods of calculating the
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0002| state equalization guarantee distribution in this section and
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0003| Laws 1974, Chapter 8, Section 22, if a school district received
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0004| funds under Section 2391 of Title 42 U.S.C.A. and if the federal
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0005| government takes into consideration grants authorized by
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0006| Sections 236 through 240 of Title 20 of the United States Code
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0007| and all other revenues available to the school district in
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0008| determining the level of federal support for the school district
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0009| for the sixty-fourth and succeeding fiscal years, the state
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0010| equalization guarantee distribution for school districts
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0011| receiving funds under this subsection shall be computed as
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0012| follows:
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0013| fiscal year program cost prior fiscal year
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0014| excluding special education state equalization
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0015| for the year for which the x guarantee distribution
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0016| state equalization guarantee excluding special
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0017| distribution is being computed education
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0018| prior fiscal year program cost
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0019| excluding special education
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0020| plus special education funding in accordance with Paragraphs (1)
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0021| or (2) and (3) of Subsection D of this section and Section
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0022| 22-8-21 NMSA 1978 plus an amount that would be produced by
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0023| applying a rate of eight dollars forty-two and one-half cents
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0024| ($8.425) to each one thousand dollars ($1,000) of net taxable
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0025| value of property as defined in the Property Tax Code for
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0001| property taxation purposes in the school district and to each
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0002| one thousand dollars ($1,000) of the assessed value of products
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0003| severed and sold in the school district as determined under the
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0004| Oil and Gas Ad Valorem Production Tax Act and upon the assessed
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0005| value of equipment in the school district as determined under
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0006| the Oil and Gas Production Equipment Ad Valorem Tax Act and then
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0007| reduced by the total amount of guaranteed energy savings
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0008| contract payments, if any, that the state superintendent
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0009| determines will be made to the school district from the public
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0010| school energy efficiency fund during the fiscal year for which
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0011| the state equalization guarantee distribution is being computed,
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0012| equals the fiscal year state equalization guarantee distribution
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0013| for the year for which the state equalization guarantee
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0014| distribution is being computed.
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0015| If at any time grants from the federal government as
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0016| assistance to those areas affected by federal activity
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0017| authorized in accordance with Sections 236 through 240 of Title
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0018| 20 of the United States Code (commonly known as "PL 874 funds")
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0019| are reduced or are no longer available, the state equalization
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0020| guarantee distribution shall be computed by the formula
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0021| contained in this subsection plus an increase by fifty percent
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0022| of the amount the prior year's PL 874 funds exceed PL 874 funds
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0023| for the year for which the state equalization guarantee
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0024| distribution is being computed.]"
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0025|
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0001|
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0002|
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0003|
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0004| FORTY-SECOND LEGISLATURE
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0005| SECOND SESSION, 1996
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0006|
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0007|
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0008| JANUARY 29, 1996
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0009|
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0010| Mr. President:
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0011|
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0012| Your COMMITTEES' COMMITTEE, to whom has been referred
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0013|
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0014| SENATE BILL 400
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0015|
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0016| has had it under consideration and finds same to be GERMANE, PURSUANT
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0017| TO CONSTITUIONAL PROVISIONS, and thence referred to the EDUCATION
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0018| COMMITTEE.
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0019|
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0020| Respectfully submitted,
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0021|
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0022|
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0023|
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0024|
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0025| __________________________________
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0001| SENATOR MANNY M. ARAGON, Chairman
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0002|
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0003|
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0004|
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0005| Adopted_______________________ Not Adopted_______________________
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008|
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0009| Date ________________________
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0010|
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0011|
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0012|
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0013| S0400CC1 FORTY-SECOND LEGISLATURE
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0014| SECOND SESSION
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0015|
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0016|
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0017| February 6, 1996
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0018|
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0019|
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0020| SENATE FLOOR AMENDMENT number _______ to SENATE BILL 400
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0021|
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0022| Amendment sponsored by Senator Manny M. Aragon
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0023|
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0024|
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0025| 1. On page 2, line 21, strike "and".
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0001|
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0002| 2. On page 3, line 6, strike the period and insert in lieu thereof
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0003| "; and".
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0004|
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0005| 3. On page 3, between lines 6 and 7, insert the following to read:
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0006|
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0007| "(3) grants from the federal government received by a
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0008| school district pursuant to Section 2391 of Title 42 U.S.C.A.".
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0009|
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0010|
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0011|
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0012| __________________________
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0013| Manny M. Aragon
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0014|
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0015|
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0016|
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0017| Adopted ___________________ Not Adopted _____________________
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0018| (Chief Clerk) (Chief Clerk)
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0019|
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0020|
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0021| Date _________________
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0022| State of New Mexico
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0023| House of Representatives
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0024|
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0025| FORTY-SECOND LEGISLATURE
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0001| SECOND SESSION, 1996
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0002|
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0003|
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0004| February 14, 1996
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0005|
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0006|
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0007| Mr. Speaker:
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0008|
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0009| Your EDUCATION COMMITTEE, to whom has been referred
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0010|
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0011| SENATE BILL 400, as amended
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS, and thence referred to the
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0015| APPROPRIATIONS AND FINANCE COMMITTEE.
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0016|
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0017| Respectfully submitted,
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0018|
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0019|
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0020|
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0021|
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0022| Samuel F. Vigil, Chairman
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0023|
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0024|
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0025| Adopted Not Adopted
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003| Date
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0004|
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0005| The roll call vote was 6 For 4 Against
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0006| Yes: 6
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0007| No: Charley, Dolliver, Nicely, WC Williams
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0008| Excused: Weeks, SM Williams
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0009| Absent: None
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0010|
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0011|
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0012|
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0013| S0400EC1
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