0001|      HOUSE APPROPRIATIONS AND FINANCE COMMITTEE SUBSTITUTE FOR
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0002|                            HOUSE BILL 530
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0003|     43rd legislature - STATE OF NEW MEXICO - second session, 1998
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0004|                                   
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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|     
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0011|                                AN ACT
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0012|     RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
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0013|     DISTRIBUTING A PERCENTAGE OF INDIAN GAMING REVENUES AND
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0014|     SEVERANCE TAX PERMANENT FUND DISTRIBUTIONS FOR CRITICAL
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0015|     CAPITAL OUTLAY NEEDS OF SCHOOL DISTRICTS THAT RECEIVE FEDERAL
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0016|     IMPACT AID FUNDS; GIVING PRIORITY TO THE NEEDS OF PUBLIC
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0017|     SCHOOLS WITH A MAJORITY OF NATIVE AMERICAN STUDENTS; PROVIDING
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0018|     POWERS AND DUTIES; MAKING APPROPRIATIONS.
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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 Capital
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0022|     Outlay Act is enacted to read:
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0023|          "[<u>NEW MATERIAL</u>] CAPITAL OUTLAY NEEDS OF SCHOOL
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0024|     DISTRICTS THAT RECEIVE FEDERAL IMPACT AID FUNDS--NATIVE
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0025|     AMERICAN PRIORITY--DISTRIBUTION.--
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<center>- 1 -</center>0001|               A.  The council shall establish a program to
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0002|     provide grant assistance for public schools in school
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0003|     districts that receive federal impact aid funds pursuant to 20
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0004|     USCA. 7701, et seq.  The council shall give priority to those
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0005|     public schools that have a student membership of at least
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0006|     fifty percent Native Americans.
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0007|               B.  The council shall approve applications for
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0008|     grant assistance for any public school eligible pursuant to
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0009|     Subsection A of this section when the council:
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0010|                    (1)  determines the critical capital outlay
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0011|     needs of the school district and public schools;
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0012|                    (2)  determines that the school district has
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0013|     used its resources in a prudent manner; and
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0014|                    (3)  has sought and received information and
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0015|     advice from representatives of Indian nations, tribes and
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0016|     pueblos in New Mexico regarding the critical capital outlay
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0017|     needs of public schools with a student membership of at least
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0018|     fifty percent Native Americans.
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0019|               C.  The council shall allocate grants for capital
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0020|     outlay projects that meet the project evaluation criteria of
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0021|     the council pursuant to the Public School Capital Outlay Act;
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0022|     provided that the evaluation criteria shall not include tax
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0023|     effort by the school district."
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0024|          Section 2.  [<u>NEW MATERIAL</u>] DISTRIBUTIONS--PUBLIC SCHOOL
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0025|     CAPITAL OUTLAY FUND--APPROPRIATION.--
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<center>- 2 -</center>0001|               A.  The state treasurer shall transfer to the
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0002|     public school capital outlay fund:
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0003|                    (1)  an amount equal to five percent of each
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0004|     severance tax permanent fund distribution to the general fund;
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0005|     and
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0006|                    (2)  an amount equal to one-eighth of each
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0007|     distribution of revenues to the general fund from revenue-sharing
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0008|     agreements entered into pursuant to Laws 1997, Chapter 190.  
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0009|               B.  Amounts distributed to the public school capital
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0010|     outlay fund pursuant to Subsection A of this section shall be
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0011|     deposited in a separate account of the fund and are appropriated
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0012|     to the fund for expenditure in fiscal year 1999 and subsequent
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0013|     fiscal years for grants for critical capital outlay needs of
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0014|     public schools in school districts that receive federal impact
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0015|     aid funds as provided in Section 1 of this act.  Any unexpended
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0016|     or unencumbered balance remaining in the account in the fund at
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0017|     the end of any fiscal year shall not revert, but shall be
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0018|     available for critical capital outlay needs of public schools in
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0019|     school districts that receive federal impact aid funds as
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0020|     provided in Section 1 of this act.  
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0021|          Section 3.  DELAYED REPEAL.--Sections 1 and 2 of this act
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0022|     are repealed effective July 1, 2003.
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0023|          Section 4.  EFFECTIVE DATE.--The effective date of the
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0024|     provisions of Section 2 of this act is July 1, 1998.
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0025|                               
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