0001|                                          SENATE BILL 110
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0002|                   43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                                           INTRODUCED BY
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0004|                                            CYNTHIA NAVA
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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 EDUCATION; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
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0012|     
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0013|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0014|          Section 1.  SHORT TITLE.--This act may be cited as the "Education Appropriation Act".
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0015|          Section 2.  DEFINITIONS.--As used in the Education Appropriation Act:
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0016|               A.  "federal funds" means any payments made by the United States government to
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0017|     state government or agencies except those payments made in accordance with the federal Mineral
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0018|     Lands Leasing Act;
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0019|               B.  "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes 
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0020|     federal Mineral Lands Leasing Act receipts, but excludes the general fund operating reserve,
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0021|     the appropriation contingency fund and the risk reserve; and
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0022|               C.  "other state funds" means:
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0023|                    (1)  unencumbered nonreverting balances in state agency accounts, other than
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0024|     in internal service funds accounts, appropriated by the Education Appropriation Act;
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0025|                    (2)  all revenue available to state agencies from sources other than the
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0001|     general fund, internal service funds, interagency transfers and federal funds; and
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0002|                    (3)  all revenue, the use of which is restricted by statute or agreement.
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0003|          Section 3.  FORMAT.--The general format of the appropriations set forth in the Education
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0004|     Appropriation Act with respect to symbols used, column headings and amounts stated are those
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0005|     used in the General Appropriation Act of 1997.
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0006|          Section 4.  APPROPRIATIONS.--The appropriation for public school support in fiscal year
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0007|     1999 shall be:
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0008|     PUBLIC SCHOOL SUPPORT:
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0009|     (1)  State equalization guarantee 
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0010|                                             distribution:                    1,356,011.0                 1,000.0                                           1,357,011.0
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0011|     (2)  Transportation distributions:
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0012|                                               (a)  Operations                                71,038.3                                            71,038.3
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0013|          (b)  School-owned bus                                                                      
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0014|                                                  replacements                    2,197.5                                                        2,197.5
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0015|          (c)  Contractor-owned bus
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0016|               rent fees                      11,958.2                                                       11,958.2
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0017|          Subtotal                            85,194.0                                                       85,194.0
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0018|     (3)  Supplemental distributions:
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0019|                                               (a)  Out-of-state tuition                         380.0                                               380.0
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0020|                                             (b)  Emergency                         800.0                                                          800.0
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0021|          (c)  Emergency capital outlay          950.0                                                          950.0
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0022|          Subtotal                             2,130.0                                                        2,130.0
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0023|          The rate of distribution of the state equalization guarantee distribution shall be based
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0024|     on a program unit value determined by the superintendent of public instruction.  The
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0025|     superintendent of public instruction shall establish a unit value twice; first, a preliminary
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0001|     unit value that shall be used to establish tentative budgets for the 1998-99 school year; and
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0002|     second, upon completion of final budgets or verification of the number of units statewide for
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0003|     fiscal year 1999, but no later than January 31 the superintendent of public instruction may
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0004|     adjust the program unit value.
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0005|          The general fund appropriation in Item (1) reflects the deduction of federal revenues
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0006|     pursuant to Paragraph (2) of Subsection C of Section 22-8-25 NMSA 1978 that includes payments
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0007|     commonly known as "impact aid funds" pursuant to 20 USCA 7701 et seq., formerly known as
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0008|     "PL874 funds".
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0009|          The general fund appropriation to the public school fund shall be reduced by the amounts
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0010|     transferred to the public school fund from the current school fund and from the federal
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0011|     Mineral Lands Leasing Act (30 USCA 181, et seq.) receipts otherwise unappropriated.
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0012|          Unexpended or unencumbered balances in the distributions authorized remaining at the end
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0013|     of fiscal year 1999 from appropriations made from the general fund shall revert to the general
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0014|     fund.
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0015|                                        INSTRUCTIONAL MATERIAL FUND:             27,224.6                 1,225.0                                              28,449.6
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0016|          The appropriation to the instructional material fund is made from the federal Mineral
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0017|     Lands Leasing Act (30 USCA 181, et seq.) receipts.
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0018|     EDUCATIONAL TECHNOLOGY FUND:              6,882.5                                                        6,882.5
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0019|                                        TOTAL PUBLIC SCHOOL SUPPORT:          1,477,442.1                 2,225.0                                           1,479,667.1
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0020|                                        ADULT BASIC EDUCATION FUND:               4,700.0                                          2,196.3       6,896.3
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0021|     STATE DEPARTMENT OF PUBLIC EDUCATION:
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0022|     (1)  Administration:
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0023|          (a)  Personal services               5,292.9                    96.0                      5.0       2,858.3        8,252.2
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0024|                                             (b)  Employee benefits               1,430.9                      23.9                                783.6        2,238.4
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0025|          (c)  In-state travel                              282.2          2.3                      5.0         168.2          457.7
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0001|                                                                                                (d)  Maintenance and repairs            68.8                 72.9                             5.2          146.9
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0002|          (e)  Supplies and materials             76.2                    54.8                     29.8         126.3          287.1
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0003|          (f)  Contractual services                         331.8           15.8                                800.0        1,147.6
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0004|          (g)  Operating costs                              354.7           26.5                                645.3        1,026.5
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0005|          (h)  Other costs                         0.1                                            155.3         155.4
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0006|          (i)  Capital outlay                                               93.3                                 97.3          190.6
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0007|          (j)  Out-of-state travel                15.0                       0.7                                 55.7           71.4
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0008|          (k)  Other financing uses                           2.4            0.3                                152.0          154.7
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0009|          Authorized FTE:  165.0 Permanent;  63.0 Term; .2 Temporary
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0010|          Subtotal                             7,855.0                   386.5                     39.8       5,847.2       14,128.5
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0011|          The appropriation to the state department of public education includes two hundred sixty
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0012|     thousand seven hundred dollars ($260,700) from federal Mineral Lands Leasing Act (30 USCA 181,
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0013|     et seq.) receipts.
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0014|          Unexpended or unencumbered balances in the state department of public education remaining
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0015|     at the end of fiscal year 1999 from appropriations made from the general fund shall not
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0016|     revert.
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0017|     (2)  Apprenticeship assistance:                      600.0                                                                600.0
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0018|                                                       (3)  Regional education cooperatives:                                  
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0019|          (a)  Region 9                                       140.0                             2,137.7       2,277.7
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0020|          (b)  High Plains                                  1,500.0                             2,776.9       4,276.9
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0021|          (c)  Central                                      1,379.6                             1,313.2       2,692.8
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0022|     SPECIAL APPROPRIATIONS:
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0023|          The following special appropriations are made from the general fund to the state
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0024|     department of public education in fiscal year 1999:
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0025|                                                                                           (1)  GRADS                                  500.0                                                               500.0
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0001|                                                                             (2)  World-Class Teachers            300.0                                                                 300.0
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0002|                                                                             (3)  School-to-work                100.0                                                                   100.0
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0003|          Section 5.  EMPLOYEES.--
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0004|          (1)  The appropriation for the state equalization guarantee distribution is contingent upon
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0005|          certification by the state department of public education to the state board of finance
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0006|          that each school district, except for those exempted in Paragraph (3) of this section,
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0007|          has budgeted a ten percent salary increase for instructional staff, as defined in
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0008|          Paragraph (1) of Subsection A of Section 22-8-24 NMSA 1978, and a five percent salary
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0009|          increase for non-instructional staff.  The appropriation for the state equalization
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0010|          guarantee distribution contains a sufficient amount for the salary increases.
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0011|          (2)  The appropriation for the transportation distributions is contingent upon certification
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0012|          by the state department of public education to the state board of finance that each
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0013|          school district, except for those exempted in Paragraph (3) of this section, has budgeted
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0014|          a five percent salary increase for all public school transportation employees.  The
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0015|          appropriation for the transportation distributions contains a sufficient amount for the
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0016|          salary increases.
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0017|          (3)  The state department of public education shall develop hardship criteria and an appeal
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0018|          process for school districts that cannot provide the salary increases pursuant to
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0019|          Paragraphs (1) and (2) of this section.
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0020|          Section 6.  SEVERABILITY.--If any part or application of this act is held invalid, the
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0021|     remainder or its application to other situations or persons shall not be affected.
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0022|          Section 7.  EMERGENCY.--It is necessary for the public peace, health and safety that this
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0023|     act take effect immediately.
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0024|                                                 
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