0001| SENATE BILL 184
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
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0004| TIMOTHY Z. JENNINGS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO STATE LOTTERY REVENUES; EARMARKING FIFTY PERCENT OF
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0012| LOTTERY NET REVENUES FOR DISTRIBUTION TO PUBLIC SCHOOLS FOR
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0013| EDUCATIONAL TECHNOLOGY PURSUANT TO THE TECHNOLOGY FOR EDUCATION
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0014| ACT; AMENDING SECTIONS OF THE NMSA 1978; MAKING AN
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0015| APPROPRIATION.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0018| Section 1. Section 6-24-24 NMSA 1978 (being Laws 1995,
|
0019| Chapter 155, Section 24) is amended to read:
|
0020| "6-24-24. DISPOSITION OF REVENUE.--
|
0021| A. As nearly as practical, an amount equal to at
|
0022| least fifty percent of the gross annual revenues from the sale
|
0023| of lottery tickets shall be returned to the public in the form
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0024| of lottery prizes.
|
0025| B. The authority shall transmit all net revenues to
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0001| the state treasurer who shall deposit [sixty] fifty percent
|
0002| of the revenues in the [public school capital outlay]
|
0003| educational technology fund for expenditure pursuant to the
|
0004| provisions of the [Public School Capital Outlay] Technology
|
0005| for Education Act and [forty] fifty percent in the lottery
|
0006| tuition fund. Estimated net revenues shall be transmitted
|
0007| monthly to the state treasurer for deposit in the funds;
|
0008| provided the total amount of annual net revenues for the fiscal
|
0009| year shall be transmitted no later than August 1 [each] of
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0010| the following fiscal year.
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0011| C. In determining net revenues, operating expenses
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0012| of the lottery include all costs incurred in the operation and
|
0013| administration of the lottery and all costs resulting from any
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0014| contracts entered into for the purchase or lease of goods or
|
0015| services required by the lottery, including [but not limited
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to] the costs of supplies, materials, tickets, independent
|
0017| audit services, independent studies, data transmission,
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0018| advertising, promotion, incentives, public relations,
|
0019| communications, commissions paid to lottery retailers,
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0020| printing, distribution of tickets, purchases of annuities or
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0021| investments to be used to pay future installments of winning
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0022| lottery tickets, debt service and payment of any revenue bonds
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0023| issued, contingency reserves, transfers to the reserve fund and
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0024| any other necessary costs incurred in carrying out the
|
0025| provisions of the New Mexico Lottery Act.
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0001| D. An amount up to two percent of the gross annual
|
0002| revenues shall be set aside as a reserve fund to cover bonuses
|
0003| and incentive plans for lottery retailers, special promotions
|
0004| for retailers, purchasing special promotional giveaways,
|
0005| sponsoring special promotional events, compulsive gambling
|
0006| rehabilitation and such other purposes as the board deems
|
0007| necessary to maintain the integrity and meet the revenue goals
|
0008| of the lottery. The board shall report annually to the
|
0009| governor and each regular session of the legislature on the use
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0010| of the money in the reserve fund. Any balance in excess of
|
0011| fifty thousand dollars ($50,000) at the end of any fiscal year
|
0012| shall be transferred to the lottery tuition fund."
|
0013| Section 2. Section 6-24-27 NMSA 1978 (being Laws 1995,
|
0014| Chapter 155, Section 27) is amended to read:
|
0015| "6-24-27. REVENUE AND BUDGET REPORTS--RECORDS--
|
0016| INDEPENDENT AUDITS.--
|
0017| A. The board shall:
|
0018| (1) submit quarterly and annual reports to the
|
0019| governor, legislative finance committee and lottery oversight
|
0020| committee disclosing the total lottery revenue, prizes,
|
0021| commissions, ticket costs, operating expenses and net revenues
|
0022| of the authority during the reporting period and, in the annual
|
0023| report, describe the organizational structure of the authority
|
0024| and summarize the functions performed by each organizational
|
0025| division within the authority;
|
0001| (2) maintain weekly or more frequent records
|
0002| of lottery transactions, including the distribution of lottery
|
0003| tickets to retailers, revenue received, claims for prizes,
|
0004| prizes paid, prizes forfeited and other financial transactions
|
0005| of the authority; and
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0006| (3) use the state government fiscal year.
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0007| B. The board shall provide, for informational
|
0008| purposes, to the department of finance and administration and
|
0009| the legislative finance committee, by December 1 of each year,
|
0010| a copy of the annual proposed operating budget for the
|
0011| authority for the succeeding fiscal year. This budget proposal
|
0012| shall also be accompanied by an estimate of the net revenues to
|
0013| be deposited in the [public school capital outlay]
|
0014| educational technology fund and the lottery tuition fund for
|
0015| the current and succeeding fiscal years.
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0016| C. The board shall contract with an independent
|
0017| certified public accountant or firm for an annual financial
|
0018| audit of the authority. The certified public accountant or
|
0019| firm shall have no financial interest in any lottery
|
0020| contractor. The certified public accountant or firm shall
|
0021| present an audit report no later than March 1 for the prior
|
0022| fiscal year. The certified public accountant or firm shall
|
0023| evaluate the internal auditing controls in effect during the
|
0024| audit period. The cost of this financial audit shall be an
|
0025| operating expense of the authority. The legislative finance
|
0001| committee may, at any time, order an audit of any phase of the
|
0002| operations of the authority, at the expense of the authority,
|
0003| and shall receive a copy of the annual independent financial
|
0004| audit. A copy of any audit performed by the certified public
|
0005| accountant or ordered by the legislative finance committee
|
0006| shall be transmitted to the governor, the speaker of the house
|
0007| of representatives, the president pro tempore of the senate,
|
0008| the legislative finance committee and the lottery oversight
|
0009| committee."
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0010| Section 3. Section 22-15A-9 NMSA 1978 (being Laws 1994,
|
0011| Chapter 96, Section 9) is amended to read:
|
0012| "22-15A-9. EDUCATIONAL TECHNOLOGY FUND--DISTRIBUTION.--
|
0013| A. Upon annual review and approval of a school
|
0014| district's educational technology plan, the bureau shall
|
0015| determine a separate distribution from the educational
|
0016| technology fund for each school district.
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0017| B. On or before July 31 of each year, the bureau
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0018| shall distribute money in the educational technology fund
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0019| directly to each school district in an amount equal to ninety
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0020| percent of the district's estimated entitlement as determined
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0021| by the projected membership for the school year. A school
|
0022| district's entitlement is that portion of the total amount of
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0023| the annual appropriation that the projected membership bears to
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0024| the projected membership of the state. Kindergarten membership
|
0025| shall be calculated on a one-half full-time equivalent basis.
|
0001| C. On or before January 30 of each year, the bureau
|
0002| shall recompute each entitlement using the final funded
|
0003| membership for that year and shall allocate the balance of the
|
0004| annual appropriation adjusting for any over- or under-
|
0005| projection of membership.
|
0006| D. Any school district receiving funding pursuant
|
0007| to the Technology for Education Act is responsible for the
|
0008| purchase, distribution, use and maintenance of educational
|
0009| technology.
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0010| E. As used in this section:
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0011| (1) "annual appropriation" means for any
|
0012| fiscal year the sum of appropriations to the educational
|
0013| technology fund for the fiscal year and all state lottery
|
0014| revenues distributed to the fund in the prior fiscal year; and
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0015| (2) "membership" means the total enrollment
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0016| of qualified students, as defined in the Public School Finance
|
0017| Act, on the current roll of class or school on a specified day.
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0018| The current roll is established by the addition of original
|
0019| entries and re-entries minus withdrawals. Withdrawal of
|
0020| students, in addition to students formally withdrawn from the
|
0021| public school, includes students absent from the public school
|
0022| for as many as ten consecutive school days."
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0023| Section 4. EFFECTIVE DATE.--The effective date of the
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0024| provisions of this act is July 1, 1997.
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0025|
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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| March 11, 1997
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0007|
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0008| Mr. President:
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0009|
|
0010| Your EDUCATION COMMITTEE, to whom has been referred
|
0011|
|
0012| SENATE BILL 184
|
0013|
|
0014| has had it under consideration and reports same with
|
0015| recommendation that it DO NOT PASS, but that
|
0016|
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0017| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0018| SENATE BILL 184
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0019|
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0020| DO PASS, and thence referred to the FINANCE COMMITTEE.
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0021|
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0022| Respectfully submitted,
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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| Cynthia Nava, Chairman
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0003|
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0004|
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0005| Adopted_______________________ Not Adopted_______________________
|
0006| (Chief Clerk) (Chief Clerk)
|
0007|
|
0008| Date ________________________
|
0009|
|
0010|
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0011| The roll call vote was 7 For 0 Against
|
0012| Yes: 7
|
0013| No: 0
|
0014| Excused: Duran, Garcia, Pinto
|
0015| Absent: None
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0016|
|
0017| S0184ED1 SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0018| SENATE BILL 184
|
0019| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0020|
|
0021|
|
0022|
|
0023|
|
0024|
|
0025|
|
0001|
|
0002| AN ACT
|
0003| RELATING TO STATE LOTTERY REVENUES; CHANGING THE DISPOSITION OF
|
0004| LOTTERY NET REVENUES FOR PUBLIC SCHOOL PURPOSES TO INCLUDE
|
0005| FUNDING FOR EDUCATIONAL TECHNOLOGY PURSUANT TO THE TECHNOLOGY
|
0006| FOR EDUCATION ACT; CREATING THE LOTTERY TUITION TRUST FUND;
|
0007| AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; AMENDING A
|
0008| SECTION OF LAWS 1995; MAKING APPROPRIATIONS.
|
0009|
|
0010| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0011| Section 1. A new section of the New Mexico Lottery Act is
|
0012| enacted to read:
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0013| "[NEW MATERIAL] LOTTERY TUITION TRUST FUND CREATED--
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0014| PURPOSE.--
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0015| A. The "lottery tuition trust fund" is created in the
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0016| state treasury. The fund shall be administered by the
|
0017| commission on higher education as a permanent trust fund. The
|
0018| commission shall provide for investment of the fund by the
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0019| state investment council. Earnings from investment of the fund
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0020| shall accrue to the credit of the fund. Any balance in the
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0021| fund at the end of any fiscal year shall remain in the fund and
|
0022| shall not be appropriated for any purpose except as provided in
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0023| Subsection B of this section.
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0024| B. Beginning in fiscal year 2007, an amount not to
|
0025| exceed five percent of the balance in the lottery tuition trust
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0001| fund on June 30 of the prior fiscal year may be appropriated
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0002| annually by the legislature to the commission on higher
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0003| education for distribution to New Mexico's public post-
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0004| secondary educational institutions to provide tuition
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0005| assistance for New Mexico resident undergraduates as provided
|
0006| by law."
|
0007| Section 2. Section 6-24-24 NMSA 1978 (being Laws 1995,
|
0008| Chapter 155, Section 24) is amended to read:
|
0009| "6-24-24. DISPOSITION OF REVENUE.--
|
0010| A. As nearly as practical, an amount equal to at
|
0011| least fifty percent of the gross annual revenues from the sale
|
0012| of lottery tickets shall be returned to the public in the form
|
0013| of lottery prizes.
|
0014| B. The authority shall transmit all net revenues to
|
0015| the state treasurer, who shall deposit [sixty] twenty-five
|
0016| percent of the revenues in the public school capital outlay
|
0017| fund for expenditure pursuant to the provisions of the Public
|
0018| School Capital Outlay Act, twenty-five percent in the
|
0019| educational technology fund for expenditure pursuant to the
|
0020| Technology for Education Act, ten percent in the lottery tuition
|
0021| trust fund and forty percent in the lottery tuition fund.
|
0022| Estimated net revenues shall be transmitted monthly to the state
|
0023| treasurer for deposit in the funds; provided the total amount of
|
0024| annual net revenues for the fiscal year shall be transmitted no
|
0025| later than August 1 [each] of the following fiscal year.
|
0001| C. In determining net revenues, operating expenses of
|
0002| the lottery include all costs incurred in the operation and
|
0003| administration of the lottery and all costs resulting from any
|
0004| contracts entered into for the purchase or lease of goods or
|
0005| services required by the lottery, including [but not limited to]
|
0006| the costs of supplies, materials, tickets, independent audit
|
0007| services, independent studies, data transmission, advertising,
|
0008| promotion, incentives, public relations, communications,
|
0009| commissions paid to lottery retailers, printing, distribution of
|
0010| tickets, purchases of annuities or investments to be used to pay
|
0011| future installments of winning lottery tickets, debt service and
|
0012| payment of any revenue bonds issued, contingency reserves,
|
0013| transfers to the reserve fund and any other necessary costs
|
0014| incurred in carrying out the provisions of the New Mexico Lottery
|
0015| Act.
|
0016| D. An amount up to two percent of the gross annual
|
0017| revenues shall be set aside as a reserve fund to cover bonuses and
|
0018| incentive plans for lottery retailers, special promotions for
|
0019| retailers, purchasing special promotional giveaways, sponsoring
|
0020| special promotional events, compulsive gambling rehabilitation and
|
0021| such other purposes as the board deems necessary to maintain the
|
0022| integrity and meet the revenue goals of the lottery. The board
|
0023| shall report annually to the governor and each regular session of
|
0024| the legislature on the use of the money in the reserve fund. Any
|
0025| balance in excess of fifty thousand dollars ($50,000) at the end
|
0001| of any fiscal year shall be transferred to the lottery tuition
|
0002| fund."
|
0003| Section 3. Section 6-24-27 NMSA 1978 (being Laws 1995,
|
0004| Chapter 155, Section 27) is amended to read:
|
0005| "6-24-27. REVENUE AND BUDGET REPORTS--RECORDS--INDEPENDENT
|
0006| AUDITS.--
|
0007| A. The board shall:
|
0008| (1) submit quarterly and annual reports to the
|
0009| governor, legislative finance committee and lottery oversight
|
0010| committee disclosing the total lottery revenue, prizes,
|
0011| commissions, ticket costs, operating expenses and net revenues of
|
0012| the authority during the reporting period and, in the annual
|
0013| report, describe the organizational structure of the authority and
|
0014| summarize the functions performed by each organizational division
|
0015| within the authority;
|
0016| (2) maintain weekly or more frequent records of
|
0017| lottery transactions, including the distribution of lottery
|
0018| tickets to retailers, revenue received, claims for prizes, prizes
|
0019| paid, prizes forfeited and other financial transactions of the
|
0020| authority; and
|
0021| (3) use the state government fiscal year.
|
0022| B. The board shall provide, for informational purposes,
|
0023| to the department of finance and administration and the
|
0024| legislative finance committee, by December 1 of each year, a copy
|
0025| of the annual proposed operating budget for the authority for the
|
0001| succeeding fiscal year. This budget proposal shall also be
|
0002| accompanied by an estimate of the net revenues to be deposited in
|
0003| the public school capital outlay fund, the educational technology
|
0004| fund, the lottery tuition trust fund and the lottery tuition fund
|
0005| for the current and succeeding fiscal years.
|
0006| C. The board shall contract with an independent
|
0007| certified public accountant or firm for an annual financial audit
|
0008| of the authority. The certified public accountant or firm shall
|
0009| have no financial interest in any lottery contractor. The
|
0010| certified public accountant or firm shall present an audit report
|
0011| no later than March 1 for the prior fiscal year. The certified
|
0012| public accountant or firm shall evaluate the internal auditing
|
0013| controls in effect during the audit period. The cost of this
|
0014| financial audit shall be an operating expense of the authority.
|
0015| The legislative finance committee may, at any time, order an audit
|
0016| of any phase of the operations of the authority, at the expense of
|
0017| the authority, and shall receive a copy of the annual independent
|
0018| financial audit. A copy of any audit performed by the certified
|
0019| public accountant or ordered by the legislative finance committee
|
0020| shall be transmitted to the governor, the speaker of the house of
|
0021| representatives, the president pro tempore of the senate, the
|
0022| legislative finance committee and the lottery oversight
|
0023| committee."
|
0024| Section 4. Section 22-15A-9 NMSA 1978 (being Laws 1994,
|
0025| Chapter 96, Section 9) is amended to read:
|
0001| "22-15A-9. EDUCATIONAL TECHNOLOGY FUND--DISTRIBUTION.--
|
0002| A. Upon annual review and approval of a school
|
0003| district's educational technology plan, the bureau shall determine
|
0004| a separate distribution from the educational technology fund for
|
0005| each school district.
|
0006| B. On or before July 31 of each year, the bureau shall
|
0007| distribute money in the educational technology fund directly to
|
0008| each school district in an amount equal to ninety percent of the
|
0009| district's estimated entitlement as determined by the projected
|
0010| membership for the school year. A school district's entitlement
|
0011| is that portion of the total amount of the annual appropriation
|
0012| that the projected membership bears to the projected membership of
|
0013| the state. Kindergarten membership shall be calculated on a one-
|
0014| half full-time equivalent basis.
|
0015| C. On or before January 30 of each year, the bureau
|
0016| shall recompute each entitlement using the final funded membership
|
0017| for that year and shall allocate the balance of the annual
|
0018| appropriation adjusting for any over- or under-projection of
|
0019| membership.
|
0020| D. Any school district receiving funding pursuant to the
|
0021| Technology for Education Act is responsible for the purchase,
|
0022| distribution, use and maintenance of educational technology.
|
0023| E. As used in this section:
|
0024| (1) "annual appropriation" means for any fiscal
|
0025| year the sum of appropriations to the educational technology fund
|
0001| for the fiscal year and all state lottery revenues distributed to
|
0002| the fund and available for distribution in that fiscal year; and
|
0003| (2) "membership" means the total enrollment of
|
0004| qualified students, as defined in the Public School Finance Act,
|
0005| on the current roll of class or school on a specified day. The
|
0006| current roll is established by the addition of original entries
|
0007| and re-entries minus withdrawals. Withdrawal of students, in
|
0008| addition to students formally withdrawn from the public school,
|
0009| includes students absent from the public school for as many as ten
|
0010| consecutive school days."
|
0011| Section 5. Laws 1995, Chapter 155, Section 38 is amended to
|
0012| read:
|
0013| "Section 38. REPEAL.--Sections 23 and 24 of the New Mexico
|
0014| Lottery Act are repealed effective July 1, [1999] 2007."
|
0015| Section 6. EFFECTIVE DATE.--The effective date of the
|
0016| provisions of this act is July 1, 1997.
|
0017|
|
0018|
|
0019| FORTY-THIRD LEGISLATURE SB 184/a
|
0020| FIRST SESSION, 1997
|
0021|
|
0022|
|
0023| March 15, 1997
|
0024|
|
0025| Mr. President:
|
0001|
|
0002| Your FINANCE COMMITTEE, to whom has been referred
|
0003|
|
0004| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0005| SENATE BILL 184
|
0006|
|
0007| has had it under consideration and reports same with recommendation
|
0008| that it DO PASS, amended as follows:
|
0009|
|
0010| 1. On page 2, line 22, strike "twenty-five" and insert
|
0011| "thirty-five".
|
0012|
|
0013| 2. On page 2, line 25, strike "twenty-five" and insert
|
0014| "fifteen".
|
0015|
|
0016|
|
0017|
|
0018| Respectfully submitted,
|
0019|
|
0020|
|
0021|
|
0022| __________________________________
|
0023| Ben D. Altamirano, Chairman
|
0024|
|
0025|
|
0001|
|
0002| Adopted_______________________ Not Adopted_______________________
|
0003| (Chief Clerk) (Chief Clerk)
|
0004|
|
0005|
|
0006| Date ________________________
|
0007|
|
0008|
|
0009| The roll call vote was 6 For 2 Against
|
0010| Yes: 6
|
0011| No: Lyons, Smith
|
0012| Excused: Aragon, Ingle, McKibben
|
0013| Absent: None
|
0014|
|
0015|
|
0016| SO184FC1
|
0017|
|
0018|
|
0019|
|
0020| FORTY-THIRD LEGISLATURE SB 184/a
|
0021| FIRST SESSION, 1997
|
0022|
|
0023|
|
0024| March 15, 1997
|
0025|
|
0001| Mr. President:
|
0002|
|
0003| Your FINANCE COMMITTEE, to whom has been referred
|
0004|
|
0005| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0006| SENATE BILL 184
|
0007|
|
0008| has had it under consideration and reports same with recommendation
|
0009| that it DO PASS, amended as follows:
|
0010|
|
0011| 1. On page 2, line 22, strike "twenty-five" and insert
|
0012| "thirty-five".
|
0013|
|
0014| 2. On page 2, line 25, strike "twenty-five" and insert
|
0015| "fifteen".
|
0016|
|
0017|
|
0018|
|
0019| Respectfully submitted,
|
0020|
|
0021|
|
0022|
|
0023| __________________________________
|
0024| Ben D. Altamirano, Chairman
|
0025|
|
0001|
|
0002|
|
0003| Adopted_______________________ Not Adopted_______________________
|
0004| (Chief Clerk) (Chief Clerk)
|
0005|
|
0006|
|
0007| Date ________________________
|
0008|
|
0009|
|
0010| The roll call vote was 6 For 2 Against
|
0011| Yes: 6
|
0012| No: Lyons, Smith
|
0013| Excused: Aragon, Ingle, McKibben
|
0014| Absent: None
|
0015|
|
0016|
|
0017| SO184FC1
|
0018|
|
0019|
|
0020|
|
0021| FORTY-THIRD LEGISLATURE SB 184/a
|
0022| FIRST SESSION, 1997
|
0023|
|
0024|
|
0025| March 15, 1997
|
0001|
|
0002| Mr. President:
|
0003|
|
0004| Your FINANCE COMMITTEE, to whom has been referred
|
0005|
|
0006| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0007| SENATE BILL 184
|
0008|
|
0009| has had it under consideration and reports same with recommendation
|
0010| that it DO PASS, amended as follows:
|
0011|
|
0012| 1. On page 2, line 22, strike "twenty-five" and insert
|
0013| "thirty-five".
|
0014|
|
0015| 2. On page 2, line 25, strike "twenty-five" and insert
|
0016| "fifteen".
|
0017|
|
0018|
|
0019|
|
0020| Respectfully submitted,
|
0021|
|
0022|
|
0023|
|
0024| __________________________________
|
0025| Ben D. Altamirano, Chairman
|
0001|
|
0002|
|
0003|
|
0004| Adopted_______________________ Not Adopted_______________________
|
0005| (Chief Clerk) (Chief Clerk)
|
0006|
|
0007|
|
0008| Date ________________________
|
0009|
|
0010|
|
0011| The roll call vote was 6 For 2 Against
|
0012| Yes: 6
|
0013| No: Lyons, Smith
|
0014| Excused: Aragon, Ingle, McKibben
|
0015| Absent: None
|
0016|
|
0017|
|
0018| SO184FC1
|
0019|
|