SENATE BILL 33

45th legislature - STATE OF NEW MEXICO - second session, 2002

INTRODUCED BY

Ramsay L. Gorham







AN ACT

RELATING TO EDUCATION; CREATING THE PUBLIC SCHOOL CODE REVIEW TASK FORCE; REPEALING THE PUBLIC SCHOOL CODE AND OTHER SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. TEMPORARY PROVISION--PUBLIC SCHOOL CODE REVIEW TASK FORCE CREATED.--

A. The "Public School Code review task force" is created, composed of sixteen members appointed as follows:

(1) three members, including two principals and one teacher from New Mexico public schools, appointed by the speaker of the house of representatives;

(2) two members, including one principal and one teacher from New Mexico public schools, appointed by the minority leader of the house of representatives;

(3) three members, including two principals and one teacher from New Mexico public schools, appointed by the president pro tempore of the senate;

(4) two members, including one principal and one teacher from New Mexico public schools, appointed by the minority leader of the senate;

(5) one member of the governor's staff appointed by the governor;

(6) one member of the business community, who is not employed in education services, appointed by the governor;

(7) one school parent, who is not employed in education services, appointed by the governor;

(8) two school district superintendents appointed by the state superintendents association; and

(9) one member appointed by the state board of education.

B.  A vacancy on the task force shall be filled by appointment and in the same manner as the vacant seat was originally filled. All members of the task force shall be appointed by July 31, 2002 and shall be appointed so as to represent the geographic and cultural diversity of the state.

C. The state department of public education shall staff the task force.

D. The members of the task force may receive per diem and mileage as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.

E. The task force shall function from the date of its appointment until December 31, 2003.

F. The task force shall initially hold an organizational meeting to select a chairman and to develop a work plan. Thereafter, the task force shall meet as necessary to carry out its duties as provided in this section.

G. The task force shall conduct a review of the Public School Code and state board of education rules governing primary and secondary education in New Mexico to identify those statutes and rules that unnecessarily burden administrators and teachers at the school site, and that prevent administrators and teachers at the school site from effectively performing their roles as instructional leaders and educators.

H. The task force shall present its findings and recommendations for an efficient and effective Public School Code no later than December 31, 2003 to the state board of education, the governor, the legislative education study committee and the legislature for replacement of the existing Public School Code. 

Section 2. APPROPRIATION.--Twenty thousand dollars ($20,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal years 2003 and 2004 to provide per diem and mileage for the members of the Public School Code review task force. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

Section 3. REPEAL.--

A. Sections 22-1-1 through 22-1-8 NMSA 1978 (being Laws 1967, Chapter 16, Section 1, Laws 1986, Chapter 33, Section 1, Laws 1967, Chapter 16, Section 2, Laws 1985, Chapter 21, Section 2, Laws 1967, Chapter 16, Section 3, Laws 1975, Chapter 338, Section 1, Laws 1989, Chapter 308, Section 1, Laws 1989, Chapter 344, Section 2 and Laws 1993, Chapter 166, Section 1, as amended) are repealed.

B. Sections 22-2-1 through 22-2-19 NMSA 1978 (being Laws 1990 (1st S.S.), Chapter 9, Section 10, Laws 1967, Chapter 16, Sections 5 through 9, Laws 1986, Chapter 94, Sections 1 through 9, Laws 1989, Chapter 373, Section 5, Laws 2000 (2nd S.S.), Chapter 14, Sections 1 and 2, Laws 1967, Chapter 16, Sections 10 and 11, Laws 1986, Chapter 33, Sections 2 through 8, Laws 1999, Chapter 193, Section 1, Laws 2001, Chapter 165, Section 1, Laws 2001, Chapter 287, Section 1, Laws 1967, Chapter 16, Sections 12 and 13, Laws 1975 (1st S.S.), Chapter 8, Sections 1 through 3, Laws 1978, Chapter 129, Sections 1 through 3, Laws 1993, Chapter 168, Sections 1 and 2 and Laws 2000, Chapter 107, Section 3, as amended) are repealed.

C. Sections 22-2B-1 through 22-2B-5 NMSA 1978 (being Laws 1993, Chapter 232, Sections 1 through 5, as amended) are repealed.

D. Sections 22-3-37 through 22-3-54 NMSA 1978 (being Laws 1991 (1st S.S.), Chapter 4, Sections 1 through 18) are repealed.

E. Sections 22-4-1 through 22-4-18 NMSA 1978 (being Laws 1967, Chapter 16, Sections 14 through 16, Laws 1970, Chapter 4, Section 2, Laws 1967, Chapter 16, Sections 17 through 22, Laws 1970, Chapter 4, Section 3, Laws 1967, Chapter 16, Sections 23 through 26, Laws 1955, Chapter 76, Section 1 and Laws 1977, Chapter 213, Sections 1 and 2, as amended) are repealed.

F. Sections 22-4A-1 through 22-4A-3 NMSA 1978 (being Laws 1987, Chapter 191, Sections 1 through 3) are repealed.

G. Sections 22-5-1 through 22-5-12 NMSA 1978 (being Laws 1967, Chapter 16, Section 27, Laws 1985, Chapter 202, Section 1, Laws 1969, Chapter 103, Section 2, Laws 1981, Chapter 302, Section 1, Laws 1967, Chapter 16, Section 28, Laws 1985, Chapter 94, Section 1, Laws 1986, Chapter 33, Section 9, Laws 1985, Chapter 180, Section 1, Laws 1986, Chapter 33, Section 11, Laws 1990, Chapter 52, Section 3, Laws 1995, Chapter 47, Section 1, Laws 1999, Chapter 219, Section 19, Laws 1967, Chapter 16, Section 29, Laws 1971, Chapter 199, Section 1, Laws 1967, Chapter 16, Sections 30 through 32, Laws 1979, Chapter 335, Section 7, Laws 1967, Chapter 16, Section 33, Laws 1986, Chapter 33, Section 12 and Laws 1967, Chapter 131, Section 1, as amended) are repealed.

H. Sections 22-7-1 through 22-7-16 NMSA 1978 (being Laws 1977, Chapter 308, Sections 1 through 9, Laws 1987, Chapter 142, Section 2 and Laws 1977, Chapter 308, Sections 10 and 12 through 16, as amended) are repealed.

I. Sections 22-8-1 through 22-8-42 NMSA 1978 (being Laws 1967, Chapter 16, Section 55, Laws 1978, Chapter 128, Section 3, Laws 1988, Chapter 64, Section 14, Laws 1967, Chapter 16, Sections 58 through 60, Laws 1993, Chapter 227, Section 8, Laws 1967, Chapter 16, Section 61, Laws 1993, Chapter 224, Section 1, Laws 1967, Chapter 16, Sections 62, 63 and 65 through 67, Laws 1978, Chapter 128, Section 5, Laws 1974, Chapter 8, Section 3, Laws 1967, Chapter 16, Sections 69 through 71, Laws 1974, Chapter 8, Sections 7 through 9, Laws 1992, Chapter 83, Section 1, Laws 1991, Chapter 85, Section 3, Laws 1974, Chapter 8, Sections 11 and 13, Laws 1975, Chapter 119, Section 1, Laws 1990 (1st S.S.), Chapter 3, Section 7, Laws 1993, Chapter 237, Section 2, Laws 1997, Chapter 40, Section 7, Laws 1974, Chapter 8, Section 15, Laws 1981, Chapter 176, Section 5, Laws 1985 (1st S.S.), Chapter 15, Section 17, Laws 1967, Chapter 16, Sections 76 through 78, Laws 1995, Chapter 208, Sections 10, 13 and 15, Laws 1974, Chapter 8, Section 17, Laws 1995, Chapter 56, Sections 1 and 2, Laws 1967, Chapter 16, Sections 84, 86, 89, 90 and 93 through 97, Laws 1977, Chapter 136, Section 2, Laws 1981, Chapter 341, Section 1 and Laws 1967, Chapter 16, Sections 99 and 100, as amended) are repealed.

J. Sections 22-8B-1 through 22-8B-15 NMSA 1978 (being Laws 1999, Chapter 281, Sections 1 through 4, Laws 2000, Chapter 82, Section 3 and Laws 1999, Chapter 281, Sections 5 through 15, as amended) are repealed.

K. Sections 22-8C-1 through 22-8C-7 NMSA 1978 (being Laws 1999, Chapter 293, Sections 1 through 7) are repealed.

L. Sections 22-9-1 through 22-9-16 NMSA 1978 (being Laws 1967, Chapter 16, Sections 101 through 105, Laws 1976, Chapter 21, Section 1, Laws 1939, Chapter 162, Sections 2 through 6 and 9 and Laws 1955, Chapter 135, Sections 1 through 4, as amended) are repealed.

M. Sections 22-10-1 through 22-10-27 NMSA 1978 (being Laws 1975, Chapter 306, Sections 1 through 3, Laws 1986, Chapter 33, Section 18, Laws 1988, Chapter 48, Section 1, Laws 1997, Chapter 238, Sections 1 and 2, Laws 1999, Chapter 249, Sections 1 and 2, Laws 1967, Chapter 16, Section 107, Laws 1997, Chapter 238, Section 6, Laws 1967, Chapter 16, Section 108, Laws 1973, Chapter 135, Section 1, Laws 1967, Chapter 16, Sections 109 through 115, Laws 1986, Chapter 33, Sections 22 and 23, Laws 1967, Chapter 16, Section 118, Laws 1986, Chapter 33, Sections 24 and 25, Laws 1967, Chapter 16, Sections 120, 123 and 124, Laws 1969, Chapter 116, Sections 1 and 3 through 5 and Laws 1994, Chapter 95, Section 1, as amended) are repealed.

N. Sections 22-11-1 through 22-11-53 NMSA 1978 (being Laws 1967, Chapter 16, Sections 125 through 129, Laws 1999, Chapter 153, Section 2, Laws 1967, Chapter 16, Sections 130 through 140, Laws 1999, Chapter 290, Section 1, Laws 1967, Chapter 16, Section 141, Laws 1971, Chapter 73, Section 1, Laws 1967, Chapter 16, Section 142, Laws 1979, Chapter 316, Section 1, Laws 1993, Chapter 232, Section 9, Laws 1967, Chapter 16, Section 144, Laws 1983, Chapter 91, Section 1, Laws 1995, Chapter 148, Section 2, Laws 1998, Chapter 38, Section 1, Laws 1967, Chapter 16, Section 145, Laws 1981, Chapter 293, Section 2, Laws 1967, Chapter 16, Sections 147 and 148, Laws 2001, Chapter 283, Section 2, Laws 1967, Chapter 16, Sections 149 through 153, Laws 1999, Chapter 274, Section 1, Laws 1979, Chapter 333, Section 2, Laws 1967, Chapter 16, Sections 155 through 163 and 165 through 168, Laws 1991, Chapter 118, Sections 5 through 10 and Laws 1998, Chapter 38, Section 2, as amended) are repealed.

O. Sections 22-12-1 through 22-12-8 NMSA 1978 (being Laws 1967, Chapter 16, Sections 169 and 170, Laws 1986, Chapter 33, Section 27, Laws 1971, Chapter 238, Section 1, Laws 1978, Chapter 211, Section 10, Laws 1967, Chapter 16, Sections 172, 174 and 175 and Laws 1985, Chapter 104, Section 1, as amended) are repealed.

P. Sections 22-13-1 through 22-13-25 NMSA 1978 (being Laws 1967, Chapter 16, Section 180, Laws 1973, Chapter 357, Section 1, Laws 2001, Chapter 168, Section 1, Laws 1972, Chapter 95, Sections 1 and 2, Laws 1994, Chapter 25, Section 2, Laws 1972, Chapter 95, Sections 3 and 4, Laws 1967, Chapter 16, Sections 183 through 190 and Laws 2001, Chapter 70, Section 1, as amended) are repealed.

Q. Sections 22-13A-1 through 22-13A-6 NMSA 1978 (being Laws 1989, Chapter 137, Sections 1 through 6, as amended) are repealed.

R. Sections 22-14-1 through 22-14-30 NMSA 1978 (being Laws 1967, Chapter 16, Sections 191 through 199, Laws 1983, Chapter 60, Section 1, Laws 1967, Chapter 16, Sections 200 through 202 and 204, Laws 1971, Chapter 324, Section 5, Laws 1953, Chapter 163, Sections 1 through 3, Laws 1957, Chapter 180, Sections 1 through 5 and Laws 1971, Chapter 324, Section 4, as amended) are repealed.

S. Sections 22-15-1 through 22-15-25 NMSA 1978 (being Laws 1967, Chapter 16, Sections 205 through 218, Laws 1981, Chapter 29, Sections 1 through 6 and Laws 1993, Chapter 156, Sections 1 through 5, as amended) are repealed.

T. Sections 22-15A-1 through 22-15A-10 NMSA 1978 (being Laws 1994, Chapter 96, Sections 1 through 10, as amended) are repealed.

U. Sections 22-15B-1 and 22-15B-2 NMSA 1978 (being Laws 1999, Chapter 234, Sections 1 and 2) are repealed.

V. Sections 22-16-1 through 22-16-11 NMSA 1978 (being Laws 1967, Chapter 16, Sections 219 through 222, 224, 226 and 227, Laws 1975, Chapter 79, Section 1 and Laws 1978, Chapter 35, Section 469, as amended) are repealed.

W. Sections 22-17-1 through 22-17-4 NMSA 1978 (being Laws 1974, Chapter 38, Sections 1 through 4, as amended) are repealed.

X. Sections 22-18-1 through 22-18-12 NMSA 1978 (being Laws 1967, Chapter 16, Sections 228, 229, 231, 232 and 234 through 239, as amended) are repealed.

Y. Sections 22-18A-1 through 22-18A-5 NMSA 1978 (being Laws 1989, Chapter 134, Sections 1 through 5) are repealed.

Z. Sections 22-18B-1 through 22-18B-5 NMSA 1978 (being Laws 1999, Chapter 225, Sections 1 through 5) are repealed.

AA. Sections 22-19-1 through 22-19-16 NMSA 1978 (being Laws 1967, Chapter 16, Sections 240 through 255) are repealed.

BB. Sections 22-20-1 through 22-20-4 NMSA 1978 (being Laws 1967, Chapter 16, Sections 270 through 272 and Laws 2001, Chapter 338, Section 4, as amended) are repealed.

CC. Section 22-21-1 NMSA 1978 (being Laws 1967, Chapter 16, Section 282, as amended) is repealed.

DD. Sections 22-22-1 through 22-22-6 NMSA 1978 (being Laws 1972, Chapter 16, Sections 1 through 6, as amended) are repealed.

EE. Sections 22-23-1 through 22-23-6 NMSA 1978 (being Laws 1973, Chapter 285, Sections 1 through 6, as amended) are repealed.

FF. Sections 22-24-1 through 22-24-8 NMSA 1978 (being Laws 1975, Chapter 235, Sections 1 through 4, Laws 2001, Chapter 338, Sections 6 and 7, Laws 1975, Chapter 235, Section 5, Laws 2001, Chapter 338, Section 9, Laws 2001, Chapter 328, Section 3, Laws 1975, Chapter 235, Section 6 and Laws 2001, Chapter 338, Sections 12 and 13, as amended) are repealed.

GG. Sections 22-25-1 through 22-25-10 NMSA 1978 (being Laws 1975 (S.S.), Chapter 5, Sections 1 through 10, as amended) are repealed.

HH. Sections 22-26-1 through 22-26-8 NMSA 1978 (being Laws 1983, Chapter 163, Sections 1 through 8, as amended) are repealed.

II. Sections 22-27-1 through 22-27-3 NMSA 1978 (being Laws 1995, Chapter 72, Sections 1 through 3) are repealed.

JJ. Sections 22-28-1 through 22-28-6 NMSA 1978 (being Laws 1997, Chapter 233, Sections 3 through 8) are repealed.

KK. Sections 22A-1-1 through 22A-1-5 NMSA 1978 (being Laws 1989, Chapter 113, Sections 1 through 5) are repealed.

Section 4. EFFECTIVE DATE.--The effective date of the provisions of Sections 1 and 2 of this act is July 1, 2002. The effective date of the provisions of Section 3 of this act is July 1, 2004.

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