0001|                            HOUSE BILL 609
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          JEANNETTE WALLACE
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO PUBLIC SCHOOL FINANCE; REGARDING THE STATE
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0012|     EQUALIZATION GUARANTEE DISTRIBUTION; AMENDING SECTION 22-8-25
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0013|     NMSA 1978 (BEING LAWS 1981, CHAPTER 176, SECTION 5, AS AMENDED
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0014|     BY LAWS 1993, CHAPTER 226, SECTION 23 AND ALSO BY LAWS 1993,
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0015|     CHAPTER 231, SECTION 14).
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  Section 22-8-25 NMSA 1978 (being Laws 1981,
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0019|     Chapter 176, Section 5, as amended by Laws 1993, Chapter 226,
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0020|     Section 23 and also by Laws 1993, Chapter 231, Section 14) is
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0021|     amended to read:
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0022|          "22-8-25.  STATE EQUALIZATION GUARANTEE DISTRIBUTION--
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0023|     DEFINITIONS--DETERMINATION OF AMOUNT.--
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0024|               A.  The state equalization guarantee distribution is
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0025|     that amount of money distributed to each school district to
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0001|     ensure that the school district's operating revenue, including
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0002|     its local and federal revenues as defined in this section, is
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0003|     at least equal to the school district's program cost.
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0004|               B.  "Local revenue", as used in this section, means
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0005|     ninety-five percent of receipts to the school district derived
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0006|     from that amount produced by a school district property tax
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0007|     applied at the rate of fifty cents ($.50) to each one thousand
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0008|     dollars ($1,000) of net taxable value of property allocated to
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0009|     the school district and to the assessed value of products
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0010|     severed and sold in the school district as determined under the
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0011|     Oil and Gas Ad Valorem Production Tax Act and upon the assessed
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0012|     value of equipment in the school district as determined under
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0013|     the Oil and Gas Production Equipment Ad Valorem Tax Act.
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0014|               C.  "Federal revenue", as used in this section,
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0015|     means ninety-five percent of receipts to the school district,
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0016|     excluding amounts which, if taken into account in the
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0017|     computation of the state equalization guarantee distribution,
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0018|     result, under federal law or regulations, in a reduction in or
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0019|     elimination of federal school funding otherwise receivable by
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0020|     the school district, derived from the following:
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0021|                    (1)  the school district's share of forest
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0022|     reserve funds distributed in accordance with Section 22-8-33
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0023|     NMSA 1978; and
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0024|                    (2)  grants from the federal government as
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0025|     assistance to those areas affected by federal activity
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0001|     authorized in accordance with Sections 236 through 240 of Title
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0002|     20 of the United States Code (commonly known as "PL 874 funds")
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0003|     or an amount equal to the revenue the district was entitled to
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0004|     receive if no application was made for such funds but deducting
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0005|     from those grants the additional amounts to which school
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0006|     districts would be entitled because of the provisions of
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0007|     Subparagraph (D) of Paragraph (2) of Subsection (d) of Section
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0008|     238 of Title 20 of the United States Code.
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0009|               D.  To determine the amount of the state
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0010|     equalization guarantee distribution, the state superintendent
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0011|     shall:
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0012|                    (1)  calculate the number of program units to
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0013|     which each school district is entitled using the membership of
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0014|     the fortieth day of the school year, except for school
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0015|     districts with a MEM of 200 or less where the number of program
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0016|     units shall be calculated on the fortieth day membership of
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0017|     either the prior year or the current year, whichever is
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0018|     greater, for all programs except special education, which shall
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0019|     be calculated by using the membership on December 1 of the
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0020|     school year; or
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0021|                    (2)  calculate the number of program units to
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0022|     which a school district operating under an approved year-round
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0023|     school calendar is entitled using the membership on an
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0024|     appropriate date established by the state board;
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0025|                    (3)  using the results of the calculations in
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0001|     Paragraph (1) or (2) of this subsection and the instructional
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0002|     staff training and experience index from the October report of
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0003|     the prior school year, establish a total program cost of the
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0004|     school district;
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0005|                    (4)  calculate the local and federal revenues
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0006|     as defined in this section;
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0007|                    (5)  deduct the sum of the calculations made in
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0008|     Paragraph (4) of this subsection from the program cost
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0009|     established in Paragraph (3) of this subsection; and
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0010|                    (6)  deduct the total amount of guaranteed
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0011|     energy savings contract payments that the state superintendent
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0012|     determines will be made to the school district from the public
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0013|     school energy efficiency fund during the fiscal year for which
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0014|     the state equalization guarantee distribution is being
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0015|     computed.
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0016|               E.  The amount of the state equalization guarantee
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0017|     distribution to which a school district is entitled is the
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0018|     balance remaining after the deductions made in Paragraphs (5)
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0019|     and (6) of Subsection D of this section.
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0020|               F.  The state equalization guarantee distribution
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0021|     shall be distributed prior to June 30 of each fiscal year.  The
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0022|     calculation shall be based on the local and federal revenues
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0023|     specified in this section received from June 1 of the previous
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0024|     fiscal year through May 31 of the fiscal year for which the
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0025|     state equalization guarantee distribution is being computed. 
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0001|     In the event that a district has received more state
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0002|     equalization guarantee funds than its entitlement, a refund
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0003|     shall be made by the district to the state general fund.
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0004|               G.  Notwithstanding the methods of calculating the
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0005|     state equalization guarantee distribution in this section and
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0006|     Laws 1974, Chapter 8, Section 22, if a school district received
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0007|     funds under [Section 2391 of Title] 42 USCA 2391 or 42 USCA
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0008|     7256 and if the federal government takes into consideration
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0009|     grants authorized by Sections 236 through 240 of Title 20 of
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0010|     the United States Code and all other revenues available to the
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0011|     school district in determining the level of federal support for
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0012|     the school district for the sixty-fourth and succeeding fiscal
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0013|     years, the state equalization guarantee distribution for school
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0014|     districts receiving funds under this subsection shall be
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0015|     computed as follows:
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0016|          fiscal year program cost           prior fiscal year
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0017|          excluding special education        state equalization
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0018|          for the year for which the         x    guarantee
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0019|     distribution 
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0020|          state equalization guarantee       excluding special
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0021|          distribution is being computed        education      
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0022|          prior fiscal year program cost
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0023|          excluding special education
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0024|     plus special education funding in accordance with Paragraphs (1)
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0025|     or (2) and (3) of Subsection D of this section and Section 22-8-
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0001|     21 NMSA 1978 plus an amount that would be produced by applying a
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0002|     rate of eight dollars forty-two and one-half cents ($8.425) to
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0003|     each one thousand dollars ($1,000) of net taxable value of
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0004|     property as defined in the Property Tax Code for property
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0005|     taxation purposes in the school district and to each one thousand
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0006|     dollars ($1,000) of the assessed value of products severed and
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0007|     sold in the school district as determined under the Oil and Gas
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0008|     Ad Valorem Production Tax Act and upon the assessed value of
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0009|     equipment in the school district as determined under the Oil and
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0010|     Gas Production Equipment Ad Valorem Tax Act and then reduced by
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0011|     the total amount of guaranteed energy savings contract payments,
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0012|     if any, that the state superintendent determines will be made to
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0013|     the school district from the public school energy efficiency fund
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0014|     during the fiscal year for which the state equalization guarantee
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0015|     distribution is being computed, equals the fiscal year state
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0016|     equalization guarantee distribution for the year for which the
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0017|     state equalization guarantee distribution is being computed.
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0018|          If at any time grants from the federal government as
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0019|     assistance to those areas affected by federal activity authorized
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0020|     in accordance with Sections 236 through 240 of Title 20 of the
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0021|     United States Code (commonly known as "PL 874 funds") are reduced
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0022|     or are no longer available, the state equalization guarantee
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0023|     distribution shall be computed by the formula contained in this
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0024|     subsection plus an increase by fifty percent of the amount the
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0025|     prior year's PL 874 funds exceed PL 874 funds for the year for
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0001|     which the state equalization guarantee distribution is being
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0002|     computed."
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0003|                               
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