0001| SENATE BILL 106
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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| GLORIA HOWES
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0005|
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0006|
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0007|
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0008| FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO PUBLIC SCHOOLS; PROVIDING FOR BACKGROUND CHECKS ON
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0012| EMPLOYEES OF PUBLIC SCHOOLS, APPLICANTS FOR EMPLOYMENT WITH
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0013| PUBLIC SCHOOLS AND APPLICANTS FOR A CERTIFICATE; GRANTING THE
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0014| STATE BOARD OF EDUCATION SUBPOENA POWER; REQUIRING SCHOOL
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0015| DISTRICT SUPERINTENDENTS TO REPORT CONVICTIONS OF A FELONY OR A
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0016| MISDEMEANOR INVOLVING MORAL TURPITUDE; CHANGING THE BOARD'S
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0017| POWER TO REFUSE, RENEW, SUSPEND OR REVOKE PUBLIC EMPLOYMENT OR
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0018| LICENSE; MAKING AN APPROPRIATION.
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0019|
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0020| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0021| Section 1. A new section of the Public School Code is
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0022| enacted to read:
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0023| "[NEW MATERIAL] BACKGROUND CHECKS.--
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0024| A. An applicant for initial certification or for
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0025| renewal of certification shall provide to the department of
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0001| education a copy of the applicant's federal bureau of
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0002| investigation record through fingerprint identification. The
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0003| applicant shall pay for the cost of obtaining the federal
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0004| bureau of investigation record. The department of education
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0005| shall implement the provisions of this section on or before
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0006| July 1, 1998.
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0007| B. Local school boards shall develop policies and
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0008| procedures addressing employment background checks. Such
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0009| policies and procedures may include requiring applicants for
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0010| employment or employees of the local school board to provide
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0011| the applicant's or employee's federal bureau of investigation
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0012| record. Applicants or employees shall pay for the cost of
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0013| obtaining the federal bureau of investigation record. Local
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0014| school boards may require that contractors whose employees are
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0015| in direct contact with students ensure that the employees of
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0016| such contractors provide their federal bureau of investigation
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0017| records to the employer. The department of education is
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0018| authorized to release copies of federal bureau of investigation
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0019| records on file with the department of education to a local
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0020| school board that requires that applicants for employment or
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0021| employees provide such records."
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0022| Section 2. A new section of the Public School Code is
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0023| enacted to read:
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0024| "[NEW MATERIAL] KNOWN CONVICTION--REPORTING
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0025| REQUIREMENT--IMMUNITY FROM LIABILITY--PENALTY FOR FAILURE TO
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0001| REPORT.--
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0002| A. A school district superintendent shall report to
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0003| the department of education any known arrest or conviction of a
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0004| certified school employee of a felony or a misdemeanor
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0005| involving moral turpitude.
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0006| B. A school employee who in good faith reports any
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0007| known arrest or conviction of a certified school employee of a
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0008| felony or a misdemeanor involving moral turpitude shall not be
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0009| held liable for civil damages as a result of the report.
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0010| C. The state board may suspend or revoke a
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0011| certificate held by a certified school administrator who fails
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0012| to report any known arrest or conviction of a certified school
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0013| employee of a felony or a misdemeanor involving moral turpitude
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0014| in accordance with Subsection A of this section."
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0015| Section 3. Section 22-10-22 NMSA 1978 (being Laws 1967,
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0016| Chapter 16, Section 124, as amended) is amended to read:
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0017| "22-10-22. SUSPENSION AND REVOCATION OF CERTIFICATES--
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0018| SUBPOENA POWER--APPEAL.--
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0019| A. The state board may suspend or revoke a
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0020| certificate held by a certified school instructor or
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0021| administrator for incompetency, immorality or [for] any other
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0022| good and just cause.
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0023| B. A certificate may be suspended or revoked only
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0024| according to the following procedure:
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0025| (1) the state board serving written notice of
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0001| the suspension or revocation on the person holding the
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0002| certificate in accordance with the law for service of process
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0003| in civil actions. The notice of the suspension or revocation
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0004| shall state the grounds for the suspension or revocation of the
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0005| certificate. The notice of the suspension or revocation shall
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0006| [also designate a place, time and date, not less than thirty
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days from the date of the service of the notice of the suspen-
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sion or revocation, for a hearing] include instructions for
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0010| requesting a hearing before the state board;
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0011| (2) the state board or its designated hearing
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0012| officer conducting a hearing [which] that provides the
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0013| person holding the certificate, or his attorney, an opportunity
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0014| to present evidence or arguments on all pertinent issues. A
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0015| transcript shall be made of the entire hearing conducted by the
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0016| state board or its designated hearing officer; and
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0017| (3) the state board rendering a written
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0018| decision in accordance with the law and based upon evidence
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0019| presented and admitted at the hearing. The written decision
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0020| shall include findings of fact and conclusions of law and
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0021| shall be based upon the findings of fact and the conclusions
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0022| of law. A written copy of the decision of the state board
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0023| shall be served upon the person holding the certificate within
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0024| sixty days from the date of the hearing. Service of the
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0025| written copy of the decision shall be in accordance with the
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0001| law for service of process in civil actions or by certified
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0002| mail to the person's address of record.
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0003| C. The secretary of the state board or its
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0004| designated hearing officer may subpoena witnesses, require
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0005| their attendance and giving of testimony and require the
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0006| production of books, papers and records in connection with a
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0007| hearing held pursuant to the provisions of Subsection B of this
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0008| section.
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0009| Also, the state board may apply to the district court for the
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0010| issuance of subpoenas and subpoenas duces tecum in the name of
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0011| and on behalf of the state board.
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0012| [C.] D. Any person aggrieved by a decision of
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0013| the state board after a hearing pursuant to this section may
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0014| appeal the decision to the court of appeals by filing a notice
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0015| of appeal with the clerk of the court within thirty days after
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0016| service of a written copy of the decision of the state board on
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0017| the person. The cost of transcripts on appeal, including one
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0018| copy for the use of the state board, shall be borne by the
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0019| appellant. Upon appeal, the court of appeals shall affirm the
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0020| decision of the state board unless the decision is found to be:
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0021| (1) arbitrary, capricious or unreasonable;
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0022| (2) not supported by substantial evidence; or
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0023| (3) otherwise not in accordance with law."
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0024| Section 4. Section 28-2-4 NMSA 1978 (being Laws 1974,
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0025| Chapter 78, Section 4, as amended) is amended to read:
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0001| "28-2-4. POWER TO REFUSE, RENEW, SUSPEND OR REVOKE PUBLIC
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0002| EMPLOYMENT OR LICENSE.--
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0003| A. Any board or other agency having jurisdiction
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0004| over employment by the state or any of its political
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0005| subdivisions or the practice of any trade, business or
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0006| profession may refuse to grant or renew or may suspend or
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0007| revoke any public employment or license or other authority to
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0008| engage in the public employment, trade, business or profession
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0009| for any one or any combination of the following causes:
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0010| (1) where the applicant, employee or licensee
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0011| has been convicted of a felony or a misdemeanor involving moral
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0012| turpitude and the criminal conviction directly relates to the
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0013| particular employment, trade, business or profession;
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0014| (2) where the applicant, employee or licensee
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0015| has been convicted of a felony or a misdemeanor involving moral
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0016| turpitude and the criminal conviction does not directly relate
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0017| to the particular employment, trade, business or profession, if
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0018| the board or other agency determines after investigation that
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0019| the person so convicted has not been sufficiently rehabilitated
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0020| to warrant the public trust; or
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0021| (3) where the applicant or employee has been
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0022| convicted of homicide, kidnapping, trafficking in controlled
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0023| substances, criminal sexual penetration or related sexual
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0024| offenses or child abuse and the applicant or employee has
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0025| applied for reinstatement, renewal or issuance of a teaching
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0001| certificate, regardless of rehabilitation.
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0002| B. The board or other agency shall explicitly state
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0003| in writing the reasons for a decision [which] that
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0004| prohibits the person from engaging in the employment, trade,
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0005| business or profession if the decision is based in whole or in
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0006| part on conviction of any crime described in Paragraphs (1) and
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0007| (3) of Subsection A of this section. Completion of probation
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0008| or parole supervision or expiration of a period of three years
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0009| after final discharge or release from any term of imprisonment
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0010| without any subsequent conviction shall create a presumption of
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0011| sufficient rehabilitation for purposes of Paragraph (2) of Sub-
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0012|
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0013| section A of this section."
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0014| Section 5. APPROPRIATION.--Sixty thousand dollars
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0015| ($60,000) is appropriated from the general fund to the state
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0016| department of public education for expenditure in fiscal year
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0017| 1998 for the purpose of implementing and managing the criminal
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0018| background check program. Any unexpended or unencumbered
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0019| balance remaining at the end of fiscal year 1998 shall revert
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0020| to the general fund.
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0021|
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0022|
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0023| FORTY-THIRD LEGISLATURE SEC/SB 106/a
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0024| FIRST SESSION, 1997
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0025|
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0001| February 27, 1997
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0002|
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0003| Mr. President:
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0004|
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0005| Your EDUCATION COMMITTEE, to whom has been referred
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0006|
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0007| SENATE BILL 106
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0008|
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0009| has had it under consideration and reports same with
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0010| recommendation that it DO NOT PASS, but that
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0011|
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0012| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
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0013| SENATE BILL 106
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0014|
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0015| DO PASS, amended as follows:
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0016|
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0017| 1. On page 2, line 18, after the word "procedures" strike the
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0018| word "addressing" and insert "to require".
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0019|
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0020| 2. On page 5, line 25, after the word "board" insert "with the
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0021| approval of the state board".,
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0022|
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0023| and thence referred to the JUDICIARY COMMITTEE.
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003| __________________________________
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0004| Cynthia Nava, Chairman
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0005|
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0006|
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0007| Adopted_______________________ Not Adopted_______________________
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010| Date ________________________
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0011|
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0012| The roll call vote was 9 For 0 Against
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0013| Yes: 9
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0014| No: 0
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0015| Excused: Duran
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0016| Absent: None
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0017|
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0018| S0106ED1 SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
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0019| SENATE BILL 106
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0020| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0021|
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0022|
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0023|
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0024|
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0025|
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0001|
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0002|
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0003| AN ACT
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0004| RELATING TO PUBLIC SCHOOLS; PROVIDING FOR BACKGROUND CHECKS OF
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0005| APPLICANTS FOR AN INITIAL CERTIFICATION; REQUIRING SCHOOL
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0006| DISTRICT SUPERINTENDENTS TO REPORT CONVICTIONS OF A FELONY OR A
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0007| MISDEMEANOR INVOLVING MORAL TURPITUDE; ALLOWING LOCAL SCHOOL
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0008| BOARDS TO RUN EMPLOYEE BACKGROUND CHECKS; AMENDING SECTIONS
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0009| 22-10-22 AND 28-2-4 NMSA 1978 (BEING LAWS 1967, CHAPTER 16,
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0010| SECTION 124 AND LAWS 1974, CHAPTER 78, SECTION 4, AS AMENDED);
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0011| ENACTING NEW SECTIONS OF THE PUBLIC SCHOOL CODE; MAKING AN
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0012| APPROPRIATION.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. A new section of the Public School Code is
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0016| enacted to read:
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0017| "[NEW MATERIAL] BACKGROUND CHECKS.--
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0018| A. An applicant for initial certification shall be
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0019| fingerprinted and shall provide to the department of education
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0020| a copy of the applicant's federal bureau of investigation
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0021| record. The use of the federal bureau of investigation record
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0022| shall be limited to conviction of a felony or misdemeanor as
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0023| described in Sections 28-2-1 through 28-2-6 NMSA 1978; provided
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0024| that other information contained in the federal bureau of
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0025| investigation record, if supported by independent evidence, can
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0001| form the basis for the denial, suspension or revocation of a
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0002| certificate for good and just cause. Such records and any
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0003| related information shall be privileged and shall not be
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0004| disclosed to individuals not directly involved in the
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0005| certification or employment decisions affecting the specific
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0006| applicants or employees. The applicant shall pay for the cost
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0007| of obtaining the federal bureau of investigation record. The
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0008| department of education shall implement the provisions of this
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0009| section on or before July 1, 1998.
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0010| B. Local school boards shall develop policies and
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0011| procedures addressing employment background checks. Such
|
0012| policies and procedures may include requiring applicants who
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0013| have been offered employment by the local school board to
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0014| provide the applicant's federal bureau of investigation record.
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0015| Applicants may be required to pay for the cost of obtaining a
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0016| background check. Local school boards may require that
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0017| contractors whose employees are in direct contact with students
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0018| ensure that the employees of such contractors provide their
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0019| federal bureau of investigation records to the employer. The
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0020| department of education is authorized to release copies of
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0021| federal bureau of investigation records on file with the
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0022| department of education to a local school board that requires that
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0023| applicants who have been offered employment provide such records.
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0024| The use of the federal bureau of investigation record shall be
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0025| limited to conviction of a felony or misdemeanor as described in
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0001| Sections 28-2-1 through 28-2-6 NMSA 1978; provided that other
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0002| information contained in the federal bureau of investigation
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0003| record, if supported by independent evidence, can form the basis
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0004| for the employment decisions for good and just cause. Such
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0005| records and any information related thereto shall be privileged
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0006| and shall not be disclosed to individuals not directly involved in
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0007| the certification or employment decisions affecting the specific
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0008| applicants or employees."
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0009| Section 2. A new section of the Public School Code is
|
0010| enacted to read:
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0011| "[NEW MATERIAL] KNOWN CONVICTION--REPORTING REQUIREMENT--
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0012| LIMITED IMMUNITY FROM LIABILITY--PENALTY FOR FAILURE TO REPORT.--
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0013| A. A school district superintendent shall report to the
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0014| department of education any known conviction of a felony or
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0015| misdemeanor involving moral turpitude of a certified school
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0016| employee that results in any type of action against the school
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0017| employee.
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0018| B. The state board may suspend or revoke a certificate
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0019| held by a certified school administrator who fails to report a
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0020| criminal conviction involving moral turpitude of a certified
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0021| school employee in accordance with Subsection A of this section.
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0022| C. An individual who in good faith reports any known
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0023| conviction of a felony or misdemeanor involving moral turpitude of
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0024| a school employee shall not be held liable for civil damages as a
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0025| result of the report; provided that the person being accused shall
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0001| have the right to sue for any damages sustained as a result of
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0002| negligent or intentional reporting of inaccurate information or
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0003| the disclosure of any information to an unauthorized person."
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0004| Section 3. Section 22-10-22 NMSA 1978 (being Laws 1967,
|
0005| Chapter 16, Section 124, as amended) is amended to read:
|
0006| "22-10-22. SUSPENSION AND REVOCATION OF CERTIFICATES--
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0007| APPEAL.--
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0008| A. The state board may suspend or revoke a certificate
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0009| held by a certified school instructor or administrator for
|
0010| incompetency, immorality or [for] any other good and just cause.
|
0011| B. A certificate may be suspended or revoked only
|
0012| according to the following procedure:
|
0013| (1) the state board serving written notice of the
|
0014| suspension or revocation on the person holding the certificate in
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0015| accordance with the law for service of process in civil actions.
|
0016| The notice of the suspension or revocation shall state the grounds
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0017| for the suspension or revocation of the certificate. The notice
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0018| of the suspension or revocation shall [also designate a place,
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time and date, not less than thirty days from the date of the
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service of the notice of the suspension or revocation, for a
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hearing] describe the rights of the person holding the
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0022| certificate and include instructions for requesting a hearing
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0023| before the state board. Such hearing shall be requested within
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0024| thirty days of receipt of the notice of suspension or revocation.
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0025| If a hearing is requested, the hearing shall be held not less than
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0001| thirty and not more than ninety days from the date of the request
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0002| for the hearing;
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0003| (2) the state board or its designated hearing
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0004| officer conducting a hearing which provides the person holding the
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0005| certificate, or his attorney, an opportunity to present evidence
|
0006| or arguments on all pertinent issues. A transcript shall be made
|
0007| of the entire hearing conducted by the state board or its
|
0008| designated hearing officer; and
|
0009| (3) the state board rendering a written decision in
|
0010| accordance with the law and based upon evidence presented and
|
0011| admitted at the hearing. The written decision shall include
|
0012| findings of fact and conclusions of law and shall be based
|
0013| upon the findings of fact and the conclusions of law. A written
|
0014| copy of the decision of the state board shall be served upon the
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0015| person holding the certificate within sixty days from the date of
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0016| the hearing. Service of the written copy of the decision shall be
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0017| in accordance with the law for service of process in civil actions
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0018| or by certified mail to the person's address of record.
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0019| C. The secretary of the state board or its designated
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0020| hearing officer may subpoena witnesses, require their attendance
|
0021| and giving of testimony and require the production of books,
|
0022| papers and records in connection with a hearing held pursuant to
|
0023| the provisions of Subsection B of this section. Also, the state
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0024| board may apply to the district court for the issuance of
|
0025| subpoenas and subpoenas duces tecum in the name of and on behalf
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0001| of the state board.
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0002| [C.] D. Any person aggrieved by a decision of the
|
0003| state board after a hearing pursuant to this section may appeal
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0004| the decision to the court of appeals by filing a notice of appeal
|
0005| with the clerk of the court within thirty days after service of a
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0006| written copy of the decision of the state board on the person.
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0007| The cost of transcripts on appeal, including one copy for the use
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0008| of the state board, shall be borne by the appellant. Upon appeal,
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0009| the court of appeals shall affirm the decision of the state board
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0010| unless the decision is found to be:
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0011| (1) arbitrary, capricious or unreasonable;
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0012| (2) not supported by substantial evidence; or
|
0013| (3) otherwise not in accordance with law."
|
0014| Section 4. Section 28-2-4 NMSA 1978 (being Laws 1974,
|
0015| Chapter 78, Section 4, as amended) is amended to read:
|
0016| "28-2-4. POWER TO REFUSE, RENEW, SUSPEND OR REVOKE PUBLIC
|
0017| EMPLOYMENT OR LICENSE.--
|
0018| A. Any board or other agency having jurisdiction over
|
0019| employment by the state or any of its political subdivisions or
|
0020| the practice of any trade, business or profession may refuse to
|
0021| grant or renew or may suspend or revoke any public employment or
|
0022| license or other authority to engage in the public employment,
|
0023| trade, business or profession for any one or any combination of
|
0024| the following causes:
|
0025| (1) where the applicant, employee or licensee has
|
0001| been convicted of a felony or a misdemeanor involving moral
|
0002| turpitude and the criminal conviction directly relates to the
|
0003| particular employment, trade, business or profession;
|
0004| (2) where the applicant, employee or licensee has
|
0005| been convicted of a felony or a misdemeanor involving moral
|
0006| turpitude and the criminal conviction does not directly relate to
|
0007| the particular employment, trade, business or profession, if the
|
0008| board or other agency determines after investigation that the
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0009| person so convicted has not been sufficiently rehabilitated to
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0010| warrant the public trust; or
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0011| (3) where the applicant or employee has been
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0012| convicted of homicide, kidnapping, trafficking in controlled
|
0013| substances, criminal sexual penetration or related sexual offenses
|
0014| or child abuse and the applicant or employee has applied for
|
0015| reinstatement, renewal or issuance of a teaching certificate,
|
0016| regardless of rehabilitation.
|
0017| B. The board or other agency shall explicitly state in
|
0018| writing the reasons for a decision which prohibits the person from
|
0019| engaging in the employment, trade, business or profession if the
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0020| decision is based in whole or in part on conviction of any crime
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0021| described in Paragraphs (1) and (3) of Subsection A of this
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0022| section. Completion of probation or parole supervision or
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0023| expiration of a period of three years after final discharge or
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0024| release from any term of imprisonment without any subsequent
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0025| conviction shall create a presumption of sufficient rehabilitation
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0001| for purposes of Paragraph (2) of Subsection A of this section."
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0002| Section 5. APPROPRIATION.--One hundred seventy-five thousand
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0003| dollars ($175,000) is appropriated from the general fund to the
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0004| state department of public education for expenditure in fiscal
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0005| year 1998 for the purpose of implementing a criminal records
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0006| background check program. Any unexpended or unencumbered balance
|
0007| remaining at the end of fiscal year 1998 shall revert to the
|
0008| general fund.
|
0009|
|
0010|
|
0011|
|
0012|
|
0013|
|
0014|
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0015| FORTY-THIRD LEGISLATURE SB 106/a
|
0016| FIRST SESSION, 1997
|
0017|
|
0018|
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0019| March 10, 1997
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0020|
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0021| Mr. President:
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0022|
|
0023| Your JUDICIARY COMMITTEE, to whom has been referred
|
0024|
|
0025| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0001| SENATE BILL 106, as amended
|
0002|
|
0003| has had it under consideration and reports same with recommendation
|
0004| that it DO PASS, amended as follows:
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0005|
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0006| 1. On page 1, line 18, after the semicolon insert "CREATING A
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0007| FUND;".
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0008|
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0009| 2. On page 1, line 19, strike "APPROPRIATION" and insert in
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0010| lieu thereof "APPROPRIATIONS".
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0011|
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0012| 3. On page 2, strike lines 3 and 4 and insert "Convictions of
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0013| felonies or misdemeanors contained in the federal bureau of
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0014| investigation record shall be used in accordance with".
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0015|
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0016| 4. On page 2, line 5, strike "; provided that other" and
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0017| insert ". Other".
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0018|
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0019| 5. On page 3, line 5, strike "The use of the", strike all of
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0020| line 6 and strike line 7 through "described in" and insert in lieu
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0021| thereof "Convictions of felonies or misdemeanors contained in the
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0022| federal bureau of investigation record shall be used in accordance
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0023| with".
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0024|
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0025| 6. On page 4, between lines 10 and 11, insert the following:
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0001|
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0002| "Section 3. Section 22-10-4 NMSA 1978 (being Laws 1967,
|
0003| Chapter 16, Section 107) is amended to read:
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0004|
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0005|
|
0006|
|
0007|
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0008|
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0009| "22-10-4. CERTIFICATE FEES.--The state board shall charge a
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0010| reasonable fee for each application for or the renewal of a
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0011| certificate. [All fees collected pursuant to this section shall be
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deposited with the state treasurer for credit to the general fund]
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0013| This fee may be waived if the applicant meets a standard of
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0014| indigency as established by the department of education."".
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0015|
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0016| 7. Renumber the succeeding sections accordingly.
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0017|
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0018| 8. On page 5, line 7, strike "not less than thirty and".
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0019|
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0020| 9. On page 8, between lines 7 and 8, insert the following:
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0021|
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0022| "Section 5. [NEW MATERIAL] EDUCATOR CERTIFICATION FUND--
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0023| DISTRIBUTION--APPROPRIATION.--
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0024|
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0025| A. The "educator certification fund" is created in the
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0001| state treasury and shall be administered by the state department of
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0002| public education. The fund shall consist of money collected from
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0003| application fees for certification or for renewal of certification
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0004| by the state board of education.
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0005|
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0006| B. Money in the fund is appropriated to the state
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0007| department of public education for the purpose of funding the
|
0008| educator background check program. Money in the fund and any
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0009| interest that may accrue to the fund shall not revert at the end of
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0010| the fiscal year but shall remain to the credit of the fund.".
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0011|
|
0012| 10. Renumber the succeeding sections accordingly.
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0013|
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0014| 11. On page 8, line 10, strike "the state department of public
|
0015| education" and insert in lieu thereof "educator certification
|
0016| fund".,
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0017|
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0018| and thence referred to the FINANCE COMMITTEE.
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0019|
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0020|
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0021|
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0022|
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0023|
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0024|
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0025|
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0001|
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0002|
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0003|
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0004|
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0005|
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0006|
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0007| Respectfully submitted,
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0008|
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0009|
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0010|
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0011| __________________________________
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0012| Fernando R. Macias, Chairman
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0013|
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0014|
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0015|
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0016| Adopted_______________________ Not Adopted_______________________
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019|
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0020| Date ________________________
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0021|
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0022|
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0023| The roll call vote was 6 For 0 Against
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0024| Yes: 6
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0025| No: 0
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0001| Excused: Sanchez, Vernon
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0002| Absent: None
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0003|
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0004|
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0005| S0106JU1 .118531.1
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0006| .118314.2/a
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0007|
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0008|
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0009| FORTY-THIRD LEGISLATURE
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0010| FIRST SESSION, 1997
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0011|
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0012|
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0013| March 15, 1997
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0014|
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0015| Mr. President:
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0016|
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0017| Your FINANCE COMMITTEE, to whom has been referred
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0018|
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0019| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
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0020| SENATE BILL 106
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0021|
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0022| has had it under consideration and reports same with recommendation
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0023| that it DO PASS, amended as follows:
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0024|
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0025| 1. On page 1, lines 18 and 19 strike "; MAKING AN
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0001| APPROPRIATION".
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0002|
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0003| 2. On page 8, strike lines 8 through 13, Section 5 in its
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0004| entirety.
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0005|
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0006| Respectfully submitted,
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0007|
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0008|
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0009|
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0010| __________________________________
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0011| Ben D. Altamirano, Chairman
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0012|
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0013|
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0014|
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0015| Adopted_______________________ Not Adopted_______________________
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0016| (Chief Clerk) (Chief Clerk)
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0017|
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0018|
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0019| Date ________________________
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0020|
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0021|
|
0022| The roll call vote was 6 For 0 Against
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0023| Yes: 6
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0024| No: None
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0025| Excused: Carraro, Eisenstadt, Ingle, Lyons, McKibben
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0001| Absent: None
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0002|
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0003|
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0004| S0106FC1
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0005|
|
0006| FORTY-THIRD LEGISLATURE
|
0007| FIRST SESSION, 1997
|
0008|
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0009|
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0010|
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0011| October 23, 1997
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0012|
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0013|
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0014| SENATE FLOOR AMENDMENT number to SENATE BILL 106, as
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0015| amended
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0016|
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0017| AMENDMENT sponsored by SENATOR RAWSON
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0018|
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0019|
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0020| 1. Strike Senate Judiciary Committee Amendments No. 2 and No.
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0021| 11.
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0022|
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0023|
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0024|
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0025|
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0001| Senator Leonard Lee Rawson
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0002|
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0003|
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0004|
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0005| Adopted Not Adopted
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0006|
|
0007| (Chief Clerk) (Chief Clerk)
|
0008|
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0009|
|
0010| Date
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0011| S0106FS1 State of New Mexico
|
0012| House of Representatives
|
0013|
|
0014| FORTY-THIRD LEGISLATURE
|
0015| FIRST SESSION, 1997
|
0016|
|
0017|
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0018| March 20, 1997
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0019|
|
0020|
|
0021| Mr. Speaker:
|
0022|
|
0023| Your EDUCATION COMMITTEE, to whom has been referred
|
0024|
|
0025| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0001| SENATE BILL 106, as amended
|
0002|
|
0003| has had it under consideration and reports same with
|
0004| recommendation that it DO PASS, amended as follows:
|
0005|
|
0006| 1. Strike Senate Judiciary Committee Amendments 6 and 7.
|
0007|
|
0008| 2. On page 2, line 1, after "provide" insert "two fingerprint
|
0009| cards".
|
0010|
|
0011| 3. On page 2, line 1, strike "a" and insert in lieu thereof a
|
0012| period.
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0013|
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0014| 4. On page 2, strike line 2 in its entirety.
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0015|
|
0016| 5. On page 2, line 25, after "contractors" insert "be
|
0017| fingerprinted and".
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0018|
|
0019| 6. On page 2, line 25, after "provide" insert "two fingerprint
|
0020| cards".
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0021|
|
0022| 7. On page 2, line 25, strike "their".
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0023|
|
0024| 8. On page 3, line 1, strike "federal bureau of investigation
|
0025| records to the employer" and insert in lieu thereof "to the local
|
0001| school board".
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0002|
|
0003| 9. On page 4, between lines 10 and 11, insert the following:
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0004|
|
0005| "Section 3. Section 22-10-4 NMSA 1978 (being Laws 1967,
|
0006| Chapter 16, Section 107) is amended to read:
|
0007|
|
0008| "22-10-4. CERTIFICATE FEES.--The state board [may] shall
|
0009| charge a reasonable fee for each application for or the renewal of a
|
0010| certificate. [All fees collected pursuant to this section shall be
|
deposited with the state treasurer for credit to the general fund]
|
0012| This fee may be waived if the applicant meets a standard of
|
0013| indigency as established by the department of education."".
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0014|
|
0015| 10. Renumber the succeeding sections accordingly.,
|
0016|
|
0017|
|
0018| and thence referred to the JUDICIARY COMMITTEE.
|
0019|
|
0020| Respectfully submitted,
|
0021|
|
0022|
|
0023|
|
0024|
|
0025| Samuel F. Vigil, Chairman
|
0001|
|
0002|
|
0003| Adopted Not Adopted
|
0004| (Chief Clerk) (Chief Clerk)
|
0005|
|
0006| Date
|
0007|
|
0008| The roll call vote was 12 For 0 Against
|
0009| Yes: 12
|
0010| Excused: W.C. Williams
|
0011| Absent: None
|
0012|
|
0013|
|
0014| .118914.1
|
0015| G:\BILLTEXT\BILLW_97\S0106 State of New Mexico
|
0016| House of Representatives
|
0017|
|
0018| FORTY-THIRD LEGISLATURE
|
0019| FIRST SESSION, 1997
|
0020|
|
0021|
|
0022| March 21, 1997
|
0023|
|
0024|
|
0025| Mr. Speaker:
|
0001|
|
0002| Your JUDICIARY COMMITTEE, to whom has been referred
|
0003|
|
0004| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0005| SENATE BILL 106, as amended
|
0006|
|
0007| has had it under consideration and reports same with
|
0008| recommendation that it DO PASS, and thence referred to the
|
0009| APPROPRIATIONS AND FINANCE COMMITTEE.
|
0010|
|
0011| Respectfully submitted,
|
0012|
|
0013|
|
0014|
|
0015|
|
0016| Thomas P. Foy, Chairman
|
0017|
|
0018|
|
0019| Adopted Not Adopted
|
0020| (Chief Clerk) (Chief Clerk)
|
0021|
|
0022| Date
|
0023|
|
0024| The roll call vote was 12 For 0 Against
|
0025| Yes: 12
|
0001| Excused: Rios
|
0002| Absent: None
|
0003|
|
0004|
|
0005| G:\BILLTEXT\BILLW_97\S0106
|