HOUSE BILL 139

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Rick Miera

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO INSTRUCTIONAL MATERIAL; CREATING A DUAL CREDIT TEXTBOOK FUND; PROVIDING FOR ALLOCATIONS AND DISTRIBUTIONS; MAKING AN APPROPRIATION.

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

     Section 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DUAL CREDIT TEXTBOOK FUND--CREATED--ADMINISTRATION--ALLOCATION AND DISTRIBUTION--UNEXPENDED FUNDS--RECOVERED FUNDS.--

          A. The "dual credit textbook fund" is created as a nonreverting fund in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests. The instructional material bureau shall administer the fund, and money in the fund is appropriated to the department to distribute to school districts, charter schools and state-supported schools each year to provide textbooks and course supplies for students participating in the dual credit program pursuant to Section 21-1-1.2 NMSA 1978. Money from the fund shall be disbursed by warrant of the secretary of finance and administration upon vouchers signed by the secretary or the secretary's designated representative.

          B. As used in this section, "textbook" includes other educational media as provided by department rule. The cost of shipping and handling charges may be included in the cost of dual credit textbooks and course supplies.

          C. The instructional material bureau shall allocate to each school district, charter school and state-supported school a specific dollar amount for each dual credit course completed by an eligible student during the prior calendar year. The specific dollar amount of the allocation shall be determined annually by the department and the higher education department according to cost data collected by the departments pursuant to rules promulgated by the departments. On or before April 1 of each year, the bureau shall determine each school district's, charter school's and state-supported school's allocation for dual credit textbooks and course supplies for the upcoming fiscal year.

          D. To the extent that money is available and except as provided in Subsection G of this section, the instructional material bureau shall distribute directly to school districts, charter schools and state-supported schools one hundred percent of their allocations by July 31 of each year. The bureau shall establish procedures for the distribution of money directly to school districts, charter schools and state-supported schools.

          E. School districts, charter schools and state-supported schools that have money remaining at the end of a fiscal year for the purchase of dual credit textbooks and course supplies may retain that money for expenditures for the purchase of dual credit textbooks and course supplies in subsequent fiscal years.

          F. By July 1 of each year, each school district, charter school and state-supported school shall report to the instructional material bureau any money received from students participating in the dual credit program to pay for lost or damaged textbooks or unused course supplies and any money received through the sale of textbooks and unused course supplies. The bureau shall reduce the school district's, charter school's or state-supported school's distribution for the dual credit program by that amount in the succeeding fiscal year.

          G. The instructional material bureau may reallocate and distribute any money remaining in the dual credit textbook fund at the end of a fiscal year.

          H. The instructional material bureau shall enforce accounting procedures to be followed by school districts, charter schools and state-supported schools."

     Section 2. APPROPRIATION.--One million five hundred thousand dollars ($1,500,000) is appropriated from the general fund to the dual credit textbook fund for expenditure in fiscal year 2010 and subsequent fiscal years to carry out the purpose of the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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