0001|                            HOUSE BILL 25
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                              Ben Lujan
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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|     DISTRIBUTING A PERCENTAGE OF INDIAN GAMING REVENUES AND
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0012|     SEVERANCE TAX PERMANENT FUND DISTRIBUTIONS FOR CRITICAL
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0013|     CAPITAL OUTLAY NEEDS OF THE ZUNI SCHOOL DISTRICT AND OTHER
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0014|     SCHOOL DISTRICTS THAT RECEIVE FEDERAL IMPACT AID FUNDS; GIVING
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0015|     PRIORITY TO THE NEEDS OF PUBLIC SCHOOLS WITH A MAJORITY OF
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0016|     NATIVE AMERICAN STUDENTS; PROVIDING POWERS AND DUTIES; MAKING
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0017|     APPROPRIATIONS; DECLARING AN EMERGENCY.
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0018|     
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0019|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020|          Section 1.  A new section of the Public School Capital
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0021|     Outlay Act is enacted to read:
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0022|          "[<u>NEW MATERIAL</u>] CAPITAL OUTLAY NEEDS OF SCHOOL
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0023|     DISTRICTS THAT RECEIVE FEDERAL IMPACT AID FUNDS--NATIVE
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0024|     AMERICAN PRIORITY--DISTRIBUTION.--
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0025|               A.  The council shall establish a program to
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0001|     provide grant assistance for public schools in school
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0002|     districts that receive federal impact aid funds pursuant to 20
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0003|     USCA. 7701, et seq.  The council shall give priority to those
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0004|     public schools that have a student membership of at least
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0005|     fifty percent Native Americans.
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0006|               B.  The council shall approve applications for
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0007|     grant assistance for any public school eligible pursuant to
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0008|     Subsection A of this section when the council:
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0009|                    (1)  determines the critical capital outlay
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0010|     needs of the school district and public schools;
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0011|                    (2)  determines that the school district has
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0012|     used its resources in a prudent manner; and
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0013|                    (3)  has sought and received information and
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0014|     advice from representatives of Indian nations, tribes and
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0015|     pueblos in New Mexico regarding the critical capital outlay
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0016|     needs of public schools with a student membership of at least
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0017|     fifty percent Native Americans.
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0018|               C.  The council shall allocate grants for capital
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0019|     outlay projects that meet the project evaluation criteria of
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0020|     the council pursuant to the Public School Capital Outlay Act;
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0021|     provided that the evaluation criteria shall not include tax
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0022|     effort by the school district."
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0023|          Section 2.  A new section of the Public School Capital
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0024|     Outlay Act is enacted to read:
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0025|          "[<u>NEW MATERIAL</u>] DISTRIBUTIONS--PUBLIC SCHOOL CAPITAL
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0001|     OUTLAY FUND--APPROPRIATION.--
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0002|               A.  The state treasurer shall transfer to the
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0003|     public school capital outlay fund:
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0004|                    (1)  an amount equal to five percent of each
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0005|     severance tax permanent fund distribution to the general fund;
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0006|     and
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0007|                    (2)  an amount equal to one-eighth of each
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0008|     distribution of revenues to the general fund from revenue-
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0009|     sharing agreements entered into pursuant to Laws 1997, Chapter
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0010|     190.  
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0011|               B.  Amounts distributed to the public school
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0012|     capital outlay fund pursuant to Subsection A of this section
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0013|     shall be deposited in a separate account of the fund and are
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0014|     appropriated to the fund for expenditure in fiscal year 1999
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0015|     and subsequent fiscal years for grants for critical capital
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0016|     outlay needs of public schools in school districts that
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0017|     receive federal impact aid funds as provided in Section 1 of
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0018|     this act.  Any unexpended or unencumbered balance remaining in
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0019|     the account in the fund at the end of any fiscal year shall
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0020|     not revert, but shall be available for critical capital outlay
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0021|     needs of public schools in school districts that receive
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0022|     federal impact aid funds as provided in Section 1 of this
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0023|     act."
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0024|          Section 3.  DELAYED REPEAL.--Sections 1 and 2 of this act
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0025|     are repealed effective July 1, 2003.
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0001|          Section 4.  EMERGENCY.--It is necessary for the public
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0002|     peace, health and safety that this act take effect
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0003|     immediately.
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0004|                              
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