SENATE BILL 3

44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

INTRODUCED BY

Cynthia Nava









AN ACT

RELATING TO EDUCATION; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Education Appropriation Act".

Section 2. DEFINITIONS.--As used in the Education Appropriation Act:

A. "federal funds" means any payments by the United States government to state government or state agencies for specific purposes or in lieu of taxes, including grants, reimbursements and payments made in accordance with contracts or cooperative agreements, and shared revenue except those payments made in accordance with the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) and the State and Local Fiscal Assistance Act of 1972 (31 USCA 1221-1264), as amended;

B. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes severance tax income fund and federal Mineral Lands Leasing Act receipts; and

C. "other state funds" means:

(1) unencumbered nonreverting balances in state agency accounts, other than in internal service funds accounts, appropriated by the Education Appropriation Act;

(2) all revenue available to state agencies from sources other than the general fund, internal service funds, interagency transfers and federal funds; and

(3) all revenue, the use of which is restricted by statute or agreement.

Section 3. FORMAT.--The general format of the appropriations set forth in the Education Appropriation Act with respect to symbols used, column headings and amounts stated are those used in the General Appropriation Act of 1998.

Section 4. APPROPRIATIONS.--The appropriation for public school support in fiscal year 2000 shall be:

PUBLIC SCHOOL SUPPORT:

(1) State equalization guarantee: 1,354,263.1 2,000.0 1,356,263.1

(2) Transportation distributions:

(a) Operations 71,825.8 71,825.8

(b) School-owned bus

replacements 3,503.9 3,503.9

(c) Contractor-owned bus

rent fees 12,126.5 12,126.5

Subtotal 87,456.2 87,456.2

(3) Supplemental distributions:

(a) Out-of-state tuition 475.0 475.0

(b) Emergency 850.0 850.0

(c) Emergency capital outlay 805.0 805.0

Subtotal 2,130.0 2,130.0

The rate of distribution of the state equalization guarantee distribution shall be based on a program unit value determined by the superintendent of public instruction. The superintendent of public instruction shall establish a preliminary unit value to establish tentative budgets for the 1999-2000 school year. Upon completion of final budgets or verification of the number of units statewide for fiscal year 2000 but no later than January 31, the superintendent of public instruction may adjust the program unit value.

The general fund appropriation in the state equalization guarantee distribution reflects the deduction of federal revenues pursuant to Paragraph (2) of Subsection C of Section 22-8-25 NMSA 1978 that includes payments commonly known as "impact aid funds" pursuant to 20 USCA 7701 et seq., formerly known as "P.L. 874 funds".

The general fund appropriation to the public school fund shall be reduced by the amounts transferred to the public school fund from the current school fund and from the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) receipts otherwise unappropriated.

Any unexpended or unencumbered balance in the distributions authorized remaining at the end of fiscal year 2000 from appropriations made from the general fund shall revert to the general fund.

INSTRUCTIONAL MATERIAL FUND: 27,234.4 27,234.4

The appropriation to the instructional material fund is made from the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) receipts.

EDUCATIONAL TECHNOLOGY FUND: 4,400.0 4,400.0

INCENTIVES FOR SCHOOL IMPROVEMENT

FUND: 1,300.0 1,300.0

PUBLIC SCHOOL CAPITAL IMPROVEMENTS

FUND: 6,595.5 6,595.5

FEDERAL FLOW THROUGH: 238,280.0 238,280.0

Prior to distribution of the funds included in the general fund appropriation to the incentives for school improvement fund, the state board of education shall adopt regulations for all schools to provide financial incentives to individual schools that exceed expected academic performance and student behavior standards as measured by the school's targeted goals and objectives for improvement of student performance. The board shall submit its regulations to the legislative education study committee for review.

TOTAL PUBLIC SCHOOL SUPPORT: 1,483,379.2 2,000.0 1,485,379.2

ADULT BASIC EDUCATION FUND: 4,700.0 4,700.0

STATE DEPARTMENT OF PUBLIC EDUCATION:

(1) Administration:

(a) Personal services 5,613.2 134.2 36.4 3,089.6 8,873.4

(b) Employee benefits 1,563.8 25.6 9.6 857.4 2,456.4

(c) In-state travel 300.4 1.8 5.0 189.7 496.9

(d) Maintenance and repairs 31.3 73.2 23.9 128.4

(e) Supplies and materials 54.6 113.3 27.7 168.4 364.0

(f) Contractual services 288.7 54.0 1,265.3 1,608.0

(g) Operating costs 377.8 27.1 3.7 708.1 1,116.7

(h) Other costs 2,427.6 168.2 2,595.8

(i) Capital outlay 86.0 2.4 170.2 258.6

(j) Out-of-state travel 15.0 2.1 1.2 81.2 99.5

(k) Other financing uses 2.6 .1 152.4 155.1

Authorized FTE: 168.0 Permanent; 68.0 Term; 2.0 Temporary

Subtotal 8,247.4 517.4 2,513.6 6,874.4 18,152.8

The general fund appropriation to the state department of public education includes two hundred sixty-two thousand eight hundred dollars ($262,800) from federal Mineral Lands Leasing Act (30 USCA 181, et seq.) receipts.

Unexpended or unencumbered balances in the state department of public education remaining at the end of fiscal year 2000 from appropriations made from the general fund shall not revert.

(2) Cost-of-living study continuation 70.0 70.0

(3) Apprenticeship assistance: 600.0 600.0

REGIONAL EDUCATION COOPERATIVES:

(1) Central 1,619.3 1,791.5 3,410.8

(2) High Plains 2,000.0 3,457.0 5,457.0

(3) Region 1x 140.0 2,827.9 2,967.9

Section 5. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.

Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 5 -