FORTY-THIRD LEGISLATURE            SB 106/a
                        FIRST SESSION, 1997
  
  
                                                   March 10, 1997
  
  Mr. President:
  
      Your JUDICIARY COMMITTEE, to whom has been referred
  
             SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
                 SENATE BILL 106, as amended
  
  has had it under consideration and reports same with recommendation
  that it DO PASS, amended as follows:
  
      1.  On page 1, line 18, after the semicolon insert "CREATING A
  FUND;".
  
      2.  On page 1, line 19, strike "APPROPRIATION" and insert in
  lieu thereof "APPROPRIATIONS".
  
      3.  On page 2, strike lines 3 and 4 and insert "Convictions of
  felonies or misdemeanors contained in the federal bureau of
  investigation record shall be used in accordance with".              
      
      4.  On page 2, line 5, strike "; provided that other" and
  insert ".  Other".
  
      5.  On page 3, line 5, strike "The use of the", strike all of
  line 6 and strike line 7 through "described in" and insert in lieu
  thereof "Convictions of felonies or misdemeanors contained in the
  federal bureau of investigation record shall be used in accordance
  with".
      
      6.  On page 4, between lines 10 and 11, insert the following:
  
      "Section 3.  Section 22-10-4 NMSA 1978 (being Laws 1967,
  Chapter 16, Section 107) is amended to read:
  
  
  
  
  
      "22-10-4.  CERTIFICATE FEES.--The state board shall charge a
  reasonable fee for each application for or the renewal of a
  certificate.  [All fees collected pursuant to this section shall be
  deposited with the state treasurer for credit to the general fund]
  This fee may be waived if the applicant meets a standard of
  indigency as established by the department of education."".
  
      7.  Renumber the succeeding sections accordingly.
      
      8.  On page 5, line 7, strike "not less than thirty and".
  
      9.  On page 8, between lines 7 and 8, insert the following:
  
      "Section 5.  [NEW MATERIAL]  EDUCATOR CERTIFICATION FUND--
  DISTRIBUTION--APPROPRIATION.--
  
          A.  The "educator certification fund" is created in the
  state treasury and shall be administered by the state department of
  public education.  The fund shall consist of money collected from
  application fees for certification or for renewal of certification
  by the state board of education.
  
          B.  Money in the fund is appropriated to the state
  department of public education for the purpose of funding the
  educator background check program.  Money in the fund and any
  interest that may accrue to the fund shall not revert at the end of
  the fiscal year but shall remain to the credit of the fund.".
  
      10.  Renumber the succeeding sections accordingly.
  
      11.  On page 8, line 10, strike "the state department of public
  education" and insert in lieu thereof "educator certification
  fund".,
  
  and thence referred to the FINANCE COMMITTEE.
  
  
  
  
  
  
  
  
  
  
  
  
  
                               Respectfully submitted,
  
  
  
                               __________________________________
                               Fernando R. Macias, Chairman 
  
  
  
  Adopted_______________________   Not Adopted_______________________
            (Chief Clerk)                          (Chief Clerk)
  
  
                    Date ________________________
  
  
  The roll call vote was  6  For  0  Against
          Yes:    6
          No:     0
               Excused:     Sanchez, Vernon
          Absent: None
  
  
  S0106JU1                                              .118531.1
                                                      .118314.2/a