0001|                        SENATE BILL 110
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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|                       JOSEPH J. CARRARO
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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|     
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0011|                             AN ACT
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0012|     RELATING TO EDUCATION; ENACTING THE FAMILY EDUCATIONAL EQUITY
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0013|     ACT; ESTABLISHING A PROCEDURE FOR THE DISTRIBUTION AND
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0014|     REDEMPTION OF PUBLIC SCHOOL EDUCATIONAL COUPONS; AUTHORIZING A
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0015|     PRIVATE SCHOOL TUITION TAX CREDIT OR REBATE.
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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.  A new section of the Public School Code is
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0019|     enacted to read:
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0020|       "[<u>NEW MATERIAL</u>]  SHORT TITLE.--Sections 1 through 6 of
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0021|     this act may be cited as the "Family Educational Equity Act"."
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0022|       Section 2.  A new section of the Public School Code is
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0023|     enacted to read:
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0024|       "[<u>NEW MATERIAL</u>]  DEFINITIONS.--As used in the Family
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0025|     Educational Equity Act:
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0001|            A.  "educational coupon" means an instrument issued
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0002|     to parents that represents an amount of money to pay for
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0003|     educational services provided to a student attending school
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0004|     outside that student's designated attendance area;
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0005|            B.  "student" means any school-age person who is
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0006|     enrolled in a public school and who resides in this state; and
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0007|            C.  "parents" means natural parents, legal guardians
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0008|     or any person having legal or effective custody of a student."
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0009|       Section 3.  A new section of the Public School Code is
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0010|     enacted to read:
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0011|       "[<u>NEW MATERIAL</u>]  EDUCATIONAL COUPON PROGRAM--PURPOSE--ADMINISTRATION.--
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0012|            A.  The department of education shall develop and
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0013|     administer an educational coupon program.  The purpose of the
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0014|     program shall be to provide alternative educational
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0015|     opportunities to all students.
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0016|            B.  The educational coupon program shall be conducted
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0017|     such that the department of education shall issue educational
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0018|     coupons to each local school district.  Each local school
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0019|     district shall issue educational coupons to the parents of all
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0020|     students residing in the district.  Educational coupons may be
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0021|     redeemed at any public school outside a student's district-defined attendance area.  Educational coupons shall not be
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0022|     utilized by a student at any school within his district-defined
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0023|     attendance area.
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0024|            C.  The department of education shall establish
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0025|     procedures for the distribution and redemption of educational
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0001|     coupons."
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0002|       Section 4.  A new section of the Public School Code is
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0003|     enacted to read:
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0004|       "[<u>NEW MATERIAL</u>]  COUPONS--VALUE--PAYMENT.--The cash value
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0005|     of an educational coupon shall be equal to the sum of the
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0006|     product of the value of the program unit established by the
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0007|     state superintendent multiplied by the applicable cost
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0008|     differential factor and ten percent of that product."
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0009|       Section 5.  A new section of the Public School Code is
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0010|     enacted to read:
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0011|       "[<u>NEW MATERIAL</u>]  ADMISSIONS.--Each local school board may
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0012|     designate attendance areas for public schools located within the
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0013|     school district.  Students residing within the attendance area
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0014|     of a public school shall have the first opportunity to register
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0015|     to attend that school.  When registration of an attendance
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0016|     area's residents is complete, a public school with space
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0017|     available shall enroll other students residing within the
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0018|     district on a first-come, first-served basis.  After district
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0019|     residents have had an opportunity to register, schools with
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0020|     space available may enroll students residing outside the
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0021|     district.  No district shall deny its residents permission to
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0022|     attend school outside the district."
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0023|       Section 6.  A new section of the Public School Code is
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0024|     enacted to read:
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0025|       "[<u>NEW MATERIAL</u>]  PARTICIPATION.--Every public school
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0001|     shall be required to participate in the educational coupon
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0002|     program." 
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0003|       Section 7.  A new section of the Income Tax Act is enacted
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0004|     to read:
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0005|       "[<u>NEW MATERIAL</u>]  INCOME TAX CREDIT--PRIVATE SCHOOL
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0006|     TUITION.--
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0007|            A.  Any taxpayer who has not claimed an income tax
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0008|     private school tuition rebate, who is the parent or guardian of
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0009|     a child attending an accredited private school in New Mexico and
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0010|     who files a New Mexico income tax return may claim a tax credit
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0011|     against his income tax liability in an amount equal to the
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0012|     number of children attending private schools multiplied by
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0013|     ninety percent of the unit value established in the applicable
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0014|     tax year.
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0015|            B.  The credit provided in Subsection A of this
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0016|     section may only be deducted from the taxpayer's income tax
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0017|     liability.
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0018|            C.  Any portion of the maximum tax credit provided by
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0019|     this section that remains unused at the end of the taxpayer's
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0020|     taxable year may be carried forward for five consecutive years.
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0021|            D.  A husband and wife who file separate returns for
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0022|     a taxable year in which they could have filed a joint return may
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0023|     each claim only one-half of the tax credit that would have been
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0024|     allowed on a joint return.
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0025|            E.  As used in this section:
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0001|                 (1)  "private school" means a school offering
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0002|     programs of instruction not under the control, supervision or
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0003|     management of a local school board, exclusive of home
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0004|     instruction, for kindergarten through the twelfth grade; and
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0005|                 (2)  "unit value" means that value determined by
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0006|     the superintendent of public instruction for the purpose of
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0007|     distributing the state equalization guarantee distribution."
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0008|       Section 8.  A new section of the Income Tax Act is enacted
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0009|     to read:
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0010|       "[<u>NEW MATERIAL</u>]  PRIVATE SCHOOL TUITION--TAX REBATE.--
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0011|            A.  Any resident who has not claimed an income tax
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0012|     private school tuition tax credit, who has a modified gross
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0013|     income of less than sixteen thousand dollars ($16,000) per year,
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0014|     who files an individual New Mexico income tax return and who is
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0015|     the parent or guardian of a child attending a private school in
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0016|     New Mexico may claim a tax rebate for the amount of private
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0017|     school tuition paid in an amount not to exceed ninety percent of
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0018|     the unit value established in the applicable tax year multiplied
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0019|     by the number of children attending private school.
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0020|            B.  The tax rebate provided for in this section may
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0021|     be deducted from the taxpayer's New Mexico income tax liability
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0022|     for the taxable year.  If the tax rebate exceeds the taxpayer's
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0023|     income tax liability, the excess shall be refunded to the
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0024|     taxpayer.
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0025|            C.  A husband and wife who file separate returns for
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0001|     a taxable year in which they could have filed a joint return may
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0002|     each claim only one-half of the tax rebate that would have been
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0003|     allowed on a joint return.
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0004|            D.  As used in this section:
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0005|                 (1)  "private school" means a school offering
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0006|     programs of instruction not under the control, supervision or
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0007|     management of a local school board, exclusive of home
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0008|     instruction, for kindergarten through the twelfth grade; and
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0009|                 (2)  "unit value" means that value determined by
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0010|     the superintendent of public instruction for the purpose of
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0011|     distributing the state equalization guarantee distribution."
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0012|       Section 9.  EFFECTIVE DATE.--The effective date of the
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0013|     provisions of this act is July 1, 1996.
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0014|                                 -  -  
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0015|   
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0016|                    FORTY-SECOND LEGISLATURE
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0017|                      SECOND SESSION, 1996
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0018|   
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0019|   
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0020|                                                      JANUARY 23, 1996
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0021|   
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0022|   Mr. President:
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0023|   
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0024|     Your COMMITTEES' COMMITTEE, to whom has been referred
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0025|   
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0001|                           SENATE BILL 110
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0002|   
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0003|   has had it under consideration and finds same to be GERMANE, PURSUANT
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0004|   TO CONSTITUTIONAL PROVISIONS, and thence referred to the EDUCATION
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0005|   COMMITTEE.
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0006|   
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0007|                              Respectfully submitted,
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0008|   
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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|                              SENATOR MANNY M. ARAGON, Chairman 
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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|   
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0023|   
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0024|   
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0025|     S0110CC1
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0001|   
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0002|                      FORTY-SECOND LEGISLATURE
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0003|                        SECOND SESSION, 1996
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0004|   
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0005|   
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0006|                                                   February 3, 1996
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0007|   
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0008|   Mr. President:
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0009|   
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0010|     Your EDUCATION COMMITTEE, to whom has been referred
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0011|   
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0012|                           SENATE BILL 110
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0013|   
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0014|   has had it under consideration and reports same with recommendation that
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0015|   it DO PASS, and thence referred to the 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|                              Carlos R. Cisneros, Chairman 
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0023|   
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0024|   
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0025|   
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0001|   Adopted_______________________ Not Adopted_______________________
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0002|             (Chief Clerk)                          (Chief Clerk)
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0003|   
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0004|   
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0005|                     Date ________________________
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0006|   
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0007|   
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0008|   The roll call vote was <u> 4 </u> For <u> 2 </u> Against
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0009|   Yes:  4
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0010|   No:        Cisneros, Maloof
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0011|   Excused:   Benavides, Macias, Naranjo, Pinto
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0012|   Absent:    None
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0013|   
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0014|   
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0015|   S0110ED1
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0016|   
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0017|       
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0018|   
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0019|                      FORTY-SECOND LEGISLATURE
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0020|                        SECOND  SESSION, 1996
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0021|   
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0022|   
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0023|                                                   February 9, 1996
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0024|   
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0025|   Mr. President:
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0001|   
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0002|     Your FINANCE COMMITTEE, to whom has been referred
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0003|   
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0004|                           SENATE BILL 110
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0005|   
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0006|   has had it under consideration and reports same WITHOUT
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0007|   RECOMMENDATION.
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0008|   
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0009|                              Respectfully submitted,
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0010|   
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0011|   
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0012|   
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0013|                              __________________________________
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0014|                              Ben D. Altamirano, Chairman 
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0015|   
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0016|   
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0017|   
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0018|   Adopted_______________________ Not Adopted_______________________
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0019|             (Chief Clerk)                          (Chief Clerk)
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0020|   
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0021|   
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0022|   
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0023|                     Date ________________________
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0024|   
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0025|   
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0001|   The roll call vote was <u> 7 </u> For <u> 0 </u> Against
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0002|   Yes:  7
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0003|   No:        0
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0004|   Excused:   Aragon, Donisthorpe, Garcia, Kidd, Kysar, Nava, 
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0005|   Absent:    None
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0006|   
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0007|   
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0008|   S0110FC1
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0009|   
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