0001| HOUSE BILL 609
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| JEANNETTE WALLACE
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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 PUBLIC SCHOOL FINANCE; REGARDING THE STATE
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0012| EQUALIZATION GUARANTEE DISTRIBUTION; AMENDING SECTION 22-8-25
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0013| NMSA 1978 (BEING LAWS 1981, CHAPTER 176, SECTION 5, AS AMENDED
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0014| BY LAWS 1993, CHAPTER 226, SECTION 23 AND ALSO BY LAWS 1993,
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0015| CHAPTER 231, SECTION 14).
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 22-8-25 NMSA 1978 (being Laws 1981,
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0019| Chapter 176, Section 5, as amended by Laws 1993, Chapter 226,
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0020| Section 23 and also by Laws 1993, Chapter 231, Section 14) is
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0021| amended to read:
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0022| "22-8-25. STATE EQUALIZATION GUARANTEE DISTRIBUTION--
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0023| DEFINITIONS--DETERMINATION OF AMOUNT.--
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0024| A. The state equalization guarantee distribution is
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0025| that amount of money distributed to each school district to
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0001| ensure that the school district's operating revenue, including
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0002| its local and federal revenues as defined in this section, is
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0003| at least equal to the school district's program cost.
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0004| B. "Local revenue", as used in this section, means
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0005| ninety-five percent of receipts to the school district derived
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0006| from that amount produced by a school district property tax
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0007| applied at the rate of fifty cents ($.50) to each one thousand
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0008| dollars ($1,000) of net taxable value of property allocated to
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0009| the school district and to the assessed value of products
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0010| severed and sold in the school district as determined under the
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0011| Oil and Gas Ad Valorem Production Tax Act and upon the assessed
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0012| value of equipment in the school district as determined under
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0013| the Oil and Gas Production Equipment Ad Valorem Tax Act.
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0014| C. "Federal revenue", as used in this section,
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0015| means ninety-five percent of receipts to the school district,
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0016| excluding amounts which, if taken into account in the
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0017| computation of the state equalization guarantee distribution,
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0018| result, under federal law or regulations, in a reduction in or
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0019| elimination of federal school funding otherwise receivable by
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0020| the school district, derived from the following:
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0021| (1) the school district's share of forest
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0022| reserve funds distributed in accordance with Section 22-8-33
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0023| NMSA 1978; and
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0024| (2) grants from the federal government as
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0025| assistance to those areas affected by federal activity
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0001| authorized in accordance with Sections 236 through 240 of Title
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0002| 20 of the United States Code (commonly known as "PL 874 funds")
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0003| or an amount equal to the revenue the district was entitled to
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0004| receive if no application was made for such funds but deducting
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0005| from those grants the additional amounts to which school
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0006| districts would be entitled because of the provisions of
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0007| Subparagraph (D) of Paragraph (2) of Subsection (d) of Section
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0008| 238 of Title 20 of the United States Code.
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0009| D. To determine the amount of the state
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0010| equalization guarantee distribution, the state superintendent
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0011| shall:
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0012| (1) calculate the number of program units to
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0013| which each school district is entitled using the membership of
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0014| the fortieth day of the school year, except for school
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0015| districts with a MEM of 200 or less where the number of program
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0016| units shall be calculated on the fortieth day membership of
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0017| either the prior year or the current year, whichever is
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0018| greater, for all programs except special education, which shall
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0019| be calculated by using the membership on December 1 of the
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0020| school year; or
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0021| (2) calculate the number of program units to
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0022| which a school district operating under an approved year-round
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0023| school calendar is entitled using the membership on an
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0024| appropriate date established by the state board;
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0025| (3) using the results of the calculations in
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0001| Paragraph (1) or (2) of this subsection and the instructional
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0002| staff training and experience index from the October report of
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0003| the prior school year, establish a total program cost of the
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0004| school district;
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0005| (4) calculate the local and federal revenues
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0006| as defined in this section;
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0007| (5) deduct the sum of the calculations made in
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0008| Paragraph (4) of this subsection from the program cost
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0009| established in Paragraph (3) of this subsection; and
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0010| (6) deduct the total amount of guaranteed
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0011| energy savings contract payments that the state superintendent
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0012| determines will be made to the school district from the public
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0013| school energy efficiency fund during the fiscal year for which
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0014| the state equalization guarantee distribution is being
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0015| computed.
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0016| E. The amount of the state equalization guarantee
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0017| distribution to which a school district is entitled is the
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0018| balance remaining after the deductions made in Paragraphs (5)
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0019| and (6) of Subsection D of this section.
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0020| F. The state equalization guarantee distribution
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0021| shall be distributed prior to June 30 of each fiscal year. The
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0022| calculation shall be based on the local and federal revenues
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0023| specified in this section received from June 1 of the previous
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0024| fiscal year through May 31 of the fiscal year for which the
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0025| state equalization guarantee distribution is being computed.
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0001| In the event that a district has received more state
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0002| equalization guarantee funds than its entitlement, a refund
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0003| shall be made by the district to the state general fund.
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0004| G. Notwithstanding the methods of calculating the
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0005| state equalization guarantee distribution in this section and
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0006| Laws 1974, Chapter 8, Section 22, if a school district received
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0007| funds under [Section 2391 of Title] 42 USCA 2391 or 42 USCA
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0008| 7256 and if the federal government takes into consideration
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0009| grants authorized by Sections 236 through 240 of Title 20 of
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0010| the United States Code and all other revenues available to the
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0011| school district in determining the level of federal support for
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0012| the school district for the sixty-fourth and succeeding fiscal
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0013| years, the state equalization guarantee distribution for school
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0014| districts receiving funds under this subsection shall be
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0015| computed as follows:
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0016| fiscal year program cost prior fiscal year
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0017| excluding special education state equalization
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0018| for the year for which the x guarantee
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0019| distribution
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0020| state equalization guarantee excluding special
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0021| distribution is being computed education
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0022| prior fiscal year program cost
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0023| excluding special education
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0024| plus special education funding in accordance with Paragraphs (1)
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0025| or (2) and (3) of Subsection D of this section and Section 22-8-
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0001| 21 NMSA 1978 plus an amount that would be produced by applying a
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0002| rate of eight dollars forty-two and one-half cents ($8.425) to
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0003| each one thousand dollars ($1,000) of net taxable value of
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0004| property as defined in the Property Tax Code for property
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0005| taxation purposes in the school district and to each one thousand
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0006| dollars ($1,000) of the assessed value of products severed and
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0007| sold in the school district as determined under the Oil and Gas
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0008| Ad Valorem Production Tax Act and upon the assessed value of
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0009| equipment in the school district as determined under the Oil and
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0010| Gas Production Equipment Ad Valorem Tax Act and then reduced by
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0011| the total amount of guaranteed energy savings contract payments,
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0012| if any, that the state superintendent determines will be made to
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0013| the school district from the public school energy efficiency fund
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0014| during the fiscal year for which the state equalization guarantee
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0015| distribution is being computed, equals the fiscal year state
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0016| equalization guarantee distribution for the year for which the
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0017| state equalization guarantee distribution is being computed.
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0018| If at any time grants from the federal government as
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0019| assistance to those areas affected by federal activity authorized
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0020| in accordance with Sections 236 through 240 of Title 20 of the
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0021| United States Code (commonly known as "PL 874 funds") are reduced
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0022| or are no longer available, the state equalization guarantee
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0023| distribution shall be computed by the formula contained in this
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0024| subsection plus an increase by fifty percent of the amount the
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0025| prior year's PL 874 funds exceed PL 874 funds for the year for
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0001| which the state equalization guarantee distribution is being
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0002| computed."
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0003|
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