0001| SENATE BILL 8
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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| GLORIA HOWES
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0006|
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0007|
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0008| FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO EDUCATION; PROVIDING FOR THE DISTRIBUTION OF
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0012| INSTRUCTIONAL MATERIAL FUNDS DIRECTLY TO LOCAL SCHOOL BOARDS,
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0013| STATE INSTITUTIONS AND ADULT BASIC EDUCATION CENTERS; AMENDING
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0014| SECTIONS OF THE PUBLIC SCHOOL CODE.
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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 22-15-4 NMSA 1978 (being Laws 1967,
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0018| Chapter 16, Section 208, as amended) is amended to read:
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0019| "22-15-4. BUREAU--DUTIES.--Subject to the policies and
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0020| regulations of the state board, the bureau shall:
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0021| A. administer the provisions of the Instructional
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0022| Material Law;
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0023| B. enforce regulations for the handling,
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0024| safekeeping and distribution of instructional material and
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0025| instructional material funds and for inventory and accounting
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0001| procedures to be followed by school districts, state
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0002| institutions, private schools and adult basic education centers
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0003| pursuant to the Instructional Material Law;
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0004| C. withdraw or withhold the privilege of
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0005| participating in the free use of instructional material in case
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0006| of any violation of or noncompliance with the provisions of the
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0007| Instructional Material Law or any regulations adopted pursuant
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0008| thereto; and
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0009| D. enforce regulations relating to the use and
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0010| operation of instructional material depositories in the
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0011| instructional material distribution process."
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0012| Section 2. Section 22-15-5 NMSA 1978 (being Laws 1967,
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0013| Chapter 16, Section 209, as amended) is amended to read:
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0014| "22-15-5. INSTRUCTIONAL MATERIAL FUND.--
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0015| A. The state treasurer shall establish a fund to be
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0016| known as the "instructional material fund".
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0017| B. The instructional material fund shall be used
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0018| for the purpose of paying for the cost of purchasing
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0019| instructional material pursuant to the Instructional Material
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0020| Law. Transportation charges for the delivery of instructional
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0021| material to a school district, a state institution, a private
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0022| school as agent or an adult basic education center [as
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agent] and emergency expenses incurred in providing
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0024| instructional material to students may be included as a cost of
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0025| purchasing instructional material. Charges for rebinding of
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0001| used instructional materials that appear on the multiple list
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0002| pursuant to Section 22-15-8 NMSA 1978 may also be included as a
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0003| cost of purchasing instructional material."
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0004| Section 3. Section 22-15-7 NMSA 1978 (being Laws 1967,
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0005| Chapter 16, Section 211, as amended) is amended to read:
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0006| "22-15-7. STUDENTS ELIGIBLE--DISTRIBUTION.--
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0007| A. Any qualified student or person eligible to
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0008| become a qualified student attending a public school, a state
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0009| institution or a private school [approved] accredited by
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0010| the state board in any grade from first through the twelfth
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0011| grade of instruction is entitled to the free use of
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0012| instructional material. Any student enrolled in an early
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0013| childhood education program as defined by Section 22-13-3 NMSA
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0014| 1978 or person eligible to become an early childhood education
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0015| student as defined by that section attending a private early
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0016| childhood education program approved by the state board is
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0017| entitled to the free use of instructional material. Any
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0018| student in an adult basic education program approved by the
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0019| state board is entitled to the free use of instructional
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0020| material.
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0021| B. Instructional material shall be distributed to
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0022| school districts, state institutions, private schools and adult
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0023| basic education centers as agents for the benefit of students
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0024| entitled to the free use of the instructional material.
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0025| C. Any school district, state institution, private
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0001| school as agent or adult basic education center [as agent]
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0002| receiving instructional material pursuant to the Instructional
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0003| Material Law is responsible for distribution of the
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0004| instructional material for use [of] by eligible students
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0005| and for the safekeeping of the instructional material."
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0006| Section 4. Section 22-15-8 NMSA 1978 (being Laws 1967,
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0007| Chapter 16, Section 212, as amended) is amended to read:
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0008| "22-15-8. MULTIPLE LIST--SELECTION.--
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0009| A. The state board shall adopt a multiple list to
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0010| be made available to students pursuant to the Instructional
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0011| Material Law. The state board shall ensure that parents and
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0012| other community members are involved in the adoption process at
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0013| the state level.
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0014| B. Pursuant to the provisions of the Instructional
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0015| Material Law, each school district, state institution, private
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0016| school as agent or adult basic education center [as agent]
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0017| may select instructional material for the use of its students
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0018| from the multiple list adopted by the state board. Local
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0019| school boards shall give written notice to parents and other
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0020| community members and shall invite parental involvement in the
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0021| adoption process at the district level. Local school boards
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0022| shall also give public notice, which notice may include
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0023| publication in a newspaper of general circulation in the school
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0024| district."
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0025| Section 5. Section 22-15-9 NMSA 1978 (being Laws 1967,
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0001| Chapter 16, Section 213, as amended) is amended to read:
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0002| "22-15-9. DISTRIBUTION OF FUNDS FOR INSTRUCTIONAL
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0003| MATERIAL [ACCOUNTS--CREDIT ALLOCATIONS].--
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0004| [A. The department of education shall establish a
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separate instructional material account for each school
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district, state institution, private school or adult basic
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education center in the state having students in attendance
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entitled to the free use of instructional material pursuant to
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the Instructional Material Law.
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B.] A. On or before July 1 of each year, the
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0011| department of education shall allocate [credit] to [the
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instructional material account of] each school district, state
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0013| institution or private school not less than ninety percent of
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0014| its estimated entitlement as determined from the estimated
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0015| forty-day membership for the next school year. A school
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0016| district's, state institution's or private school's entitlement
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0017| is that portion of the total amount of the annual appropriation
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0018| less a deduction for a reasonable reserve for [transportation
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charges and] emergency expenses that its forty-day membership
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0020| bears to the forty-day membership of the entire state. The
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0021| allocation for adult basic education shall be based on a
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0022| full-time equivalency obtained by multiplying the total
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0023| previous year's enrollment by .25. For the purpose of this
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0024| allocation, additional pupils shall be counted as four pupils.
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0025| B. On or before January 15 of each year, the
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0001| department of education shall recompute each entitlement using
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0002| the forty-day membership for that year, except for adult basic
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0003| education, and shall allocate the balance of the annual
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0004| appropriation [compensating] adjusting for any over- or
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0005| under-estimation [of credit] made in the first allocation.
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0006| [In the event the funds remaining for this allocation are
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insufficient to compensate for an over- or under-estimation of
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credit made in the first allocation, the final recomputed over-
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or under-allocation of credit shall be carried forward by the
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department of education to be credited or debited to the
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allocation for the ensuing school year.]
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0012| C. An amount not to exceed thirty percent of
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0013| [total credit] the allocations attributed to each
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0014| [individual instructional material account shall, at the
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request of the] local school district, [or the appropriate
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governing body and institution, shall be distributed directly
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to each public school district] state institution or adult
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0018| basic education center may be used for instructional
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0019| [materials] material not included on the multiple list
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0020| provided for in Section 22-15-8 NMSA 1978.
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0021| D. The department of education shall establish
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0022| procedures for the distribution of funds directly to local
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0023| school districts, state institutions and adult basic education
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0024| centers. The department of education shall distribute funds to
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0025| private schools on a reimbursement basis for instructional
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0001| material included on the multiple list provided for in Section
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0002| 22-15-8 NMSA 1978.
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0003| [D.] E. [Any balance remaining in an
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instructional material account of] A school district, state
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0005| institution [private school] or adult basic education center
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0006| that has funds remaining for the purchase of instructional
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0007| material at the end of the fiscal year shall [remain
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available] retain those funds for expenditure in subsequent
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0009| years. Any balance remaining in an instructional material
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0010| account of a private school at the end of the fiscal year shall
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0011| remain available for reimbursement by the department of
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0012| education for instructional material purchases in subsequent
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0013| years."
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0014| Section 6. Section 22-15-10 NMSA 1978 (being Laws 1967,
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0015| Chapter 16, Section 214, as amended) is amended to read:
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0016| "22-15-10. SALE OR LOSS OR RETURN OF INSTRUCTIONAL
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0017| MATERIAL.--
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0018| A. With the approval of the chief, instructional
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0019| material [distributed to] acquired by a school district,
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0020| state institution, private school or adult basic education
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0021| center pursuant to the Instructional Material Law may be sold
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0022| at a price determined by officials of the school district,
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0023| state institution, private school or adult basic education
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0024| center. The selling price shall not exceed the cost of the
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0025| instructional material to the state.
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0001| B. A school district, state institution, private
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0002| school or adult basic education center [as agent] may hold
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0003| the parent, guardian or student responsible for the loss,
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0004| damage or destruction of instructional material while the
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0005| instructional material [was] is in the possession of the
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0006| student. A school district may withhold the grades, diploma
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0007| and transcripts of the student responsible for damage or loss
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0008| of instructional material until the parent, guardian or student
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0009| has paid for the damage or loss. When a parent, guardian or
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0010| student is unable to pay for damage or loss, the school
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0011| district shall work with the parent, guardian or student to
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0012| develop an alternative program in lieu of payment. Where a
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0013| parent or guardian is determined to be indigent according to
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0014| guidelines established by the state board [of education], the
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0015| local school district shall bear the cost.
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0016| C. A school district, state institution or adult
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0017| basic education center that has funds remaining for the
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0018| purchase of instructional material at the end of the fiscal
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0019| year shall retain those funds for expenditure in subsequent
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0020| years.
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0021| [C.] D. All money collected by a [school
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district, state institution] private school [or adult basic
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education center as agent] for the sale, loss, damage or
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0024| destruction of instructional material received pursuant to the
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0025| Instructional Material Law shall be [transmitted] sent to
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0001| the department of education. [The department shall credit the
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instructional material account of the school district, state
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institution, private school or adult basic education center and
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deposit the money received with the state treasurer for credit
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to the instructional material fund. The department shall
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account for and distribute materials pursuant to procedures
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established by the department.]
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0008| [D.] E. Upon order of the chief, a school
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0009| district, state institution, private school or adult basic
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0010| education center shall transfer [as ordered] to the
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0011| department of education or its designee instructional material,
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0012| purchased [from the] with instructional material [fund
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which] funds, that is in usable condition and for [that]
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0014| which there is no use expected by the respective schools."
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0015| Section 7. Section 22-15-11 NMSA 1978 (being Laws 1967,
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0016| Chapter 16, Section 215, as amended) is amended to read:
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0017| "22-15-11. RECORD OF INSTRUCTIONAL MATERIAL. [A. The
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division shall keep accurate records of the cost of all
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instructional material distributed pursuant to the
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Instructional Material Law.
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B.] Each school district, state institution,
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0022| private school or adult basic education center shall keep
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0023| accurate records of all instructional material, [distributed
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to it pursuant to the Instructional Material Law] including
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0025| cost records, on forms and by procedures prescribed by the
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0001| division."
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0002| Section 8. Section 22-15-12 NMSA 1978 (being Laws 1967,
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0003| Chapter 16, Section 216, as amended) is amended to read:
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0004| "22-15-12. ANNUAL REPORT.--Annually, at a time specified
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0005| by the department of education, each local school board of a
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0006| school district and each governing authority of a state
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0007| institution, private school or adult basic education center
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0008| [receiving] acquiring instructional material pursuant to
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0009| the Instructional Material Law shall file a report with the
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0010| department of education."
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0011|
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0012|
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0013| FORTY-THIRD LEGISLATURE
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0014| FIRST SESSION, 1997
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0015|
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0016|
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0017| February 4, 1997
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0018|
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0019| Mr. President:
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0020|
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0021| Your EDUCATION COMMITTEE, to whom has been referred
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0022|
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0023| SENATE BILL 8
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO PASS, and thence referred to the
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0002| FINANCE COMMITTEE.
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0003|
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0004| Respectfully submitted,
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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| Cynthia Nava, Chairman
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0011|
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0012|
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0013|
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0014| Adopted_______________________ Not
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0015| Adopted_______________________
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0016| (Chief Clerk) (Chief Clerk)
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0017|
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0018|
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0019| Date ________________________
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0020|
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0021|
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0022| The roll call vote was 6 For 1 Against
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0023| Yes: 6
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0024| No: Rawson
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0025| Excused: Boitano, Pinto, Rodriguez
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0001| Absent: None
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0002|
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0003|
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0004| S0008ED1
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0005|
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0006|
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0007|
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0008| FORTY-THIRD LEGISLATURE SB 8/a
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0009| FIRST SESSION, 1997
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0010|
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0011|
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0012| February 14, 1997
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0013|
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0014| Mr. President:
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0015|
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0016| Your FINANCE COMMITTEE, to whom has been referred
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0017|
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0018| SENATE BILL 8
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0019|
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0020| has had it under consideration and reports same with
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0021| recommendation that it DO PASS, amended as follows:
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0022|
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0023| 1. On page 3, line 9, remove the brackets and line
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0024| through "approved" and strike the underscored "accredited".
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0025|
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0001| 2. On page 10, between lines 3 and 4, insert the
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0002| following new section:
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0003|
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0004| "Section 9. EFFECTIVE DATE.--The effective date of the
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0005| provisions of this act is July 1, 1998.".
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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| Ben D. Altamirano, Chairman
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0014|
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0015|
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0016|
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0017| Adopted_______________________ Not
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0018| 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| Date ________________________
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0023|
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0024|
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0025| The roll call vote was 6 For 0 Against
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0001| Yes: 6
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0002| No: None
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0003| Excused: Aragon, Carraro, Ingle, Lyons, Smith
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0004| Absent: None
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0005|
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0006| .116163.1
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0007| S0008FC1 .115411.1
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0008|
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0009| State of New Mexico
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0010| House of Representatives
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0011|
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0012| FORTY-THIRD LEGISLATURE
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0013| FIRST SESSION, 1997
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0014|
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0015|
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0016| March 12, 1997
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0017|
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0018|
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0019| Mr. Speaker:
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0020|
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0021| Your EDUCATION COMMITTEE, to whom has been referred
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0022|
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0023| SENATE BILL 8, as amended
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO PASS, and thence referred to the
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0002| APPROPRIATIONS AND FINANCE COMMITTEE.
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0003|
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0004| Respectfully submitted,
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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| Samuel F. Vigil, Chairman
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0010|
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0011|
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0012| Adopted Not Adopted
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0013|
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016| Date
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0017|
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0018| The roll call vote was 8 For 0 Against
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0019| Yes: 8
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0020| Excused: Mallory, Miera, Nicely, Weeks, Gonzales
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0021| Absent: None
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0022|
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0023|
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0024| G:\BILLTEXT\BILLW_97\S0008 State of New Mexico
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0025| House of Representatives
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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| March 12, 1997
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your EDUCATION COMMITTEE, to whom has been referred
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0012|
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0013| SENATE BILL 8, as amended
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0014|
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0015| has had it under consideration and reports same with
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0016| recommendation that it DO PASS, and thence referred to the
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0017| APPROPRIATIONS AND FINANCE COMMITTEE.
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0018|
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0019| Respectfully submitted,
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0020|
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0021|
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0022|
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0023|
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0024| Samuel F. Vigil, Chairman
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0025|
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0001|
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0002| Adopted Not Adopted
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0003|
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006| Date
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0007|
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0008| The roll call vote was 8 For 0 Against
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0009| Yes: 8
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0010| Excused: Mallory, Miera, Nicely, Weeks, Gonzales
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0011| Absent: None
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0012|
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0013|
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0014| G:\BILLTEXT\BILLW_97\S0008 FORTY-THIRD LEGISLATURE
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0015| FIRST SESSION
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0016|
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0017|
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0018| March 15 1997
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0019|
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0020|
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0021| HOUSE FLOOR AMENDMENT number ______ to SENATE BILL 8, as amended
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0022|
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0023| Amendment sponsored by Representative Samuel F. Vigil
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0024|
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0025|
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0001| 1. On page 6, Line 17, after the period insert 'Adult basic
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0002| education centers may expend up to one hundred percent of their
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0003| instructional material funds for items that are not on the multiple
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0004| list.'.
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0020|
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0021|
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0022| ___________________________
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0023| Samuel F. Vigil
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0024|
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0025|
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0001|
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0002| Adopted ___________________ Not Adopted ___________________________
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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0005|
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0006| Date ________________
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