RELATING TO EDUCATION; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

Section 1. SHORT TITLE.--This act may be cited as the "Education Appropriation Act".

Section 2. DEFINITIONS.--As used in the Education Appropriation Act:

A. "federal funds" means any payments by the United States government to state government or state agencies for specific purposes or in lieu of taxes, including grants, reimbursements and payments made in accordance with contracts or cooperative agreements, and shared revenue except those payments made in accordance with the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) and the State and Local Fiscal Assistance Act of 1972 (31 USCA 1221-1264), as amended;

B. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes severance tax income fund and federal Mineral Lands Leasing Act receipts; and

C. "other state funds" means:

(1) unencumbered nonreverting balances in state agency accounts, other than in internal service funds accounts, appropriated by the Education Appropriation Act;

(2) all revenue available to state agencies from sources other than the general fund, internal service funds, interagency transfers and federal funds; and

(3) all revenue, the use of which is restricted by statute or agreement.

Section 3. FORMAT.--The general format of the appropriations set forth in the Education Appropriation Act with respect to symbols used, column headings and amounts stated are those used in the General Appropriation Act of 1999.

Section 4. APPROPRIATIONS.--The appropriation for public school support in fiscal year 2001 shall be:

PUBLIC SCHOOL SUPPORT:

(1) State equalization guarantee: 1,474,414.8 2,000.0 1,476,414.8

(2) Transportation distributions:

(a) Operations 74,370.9 74,370.9

(b) School-owned bus

replacements 3,142.4 3,142.4

(c) Contractor-owned bus

rent fees 11,674.1 11,674.1

Subtotal 89,187.4 89,187.4

(3) Supplemental distributions:

(a) Out-of-state tuition 491.0 491.0

(b) Emergency 1,017.0 1,017.0

(c) Emergency capital outlay 622.0 622.0

Subtotal 2,130.0 2,130.0

The rate of distribution of the state equalization guarantee distribution shall be based on a program unit value determined by the superintendent of public instruction. The superintendent of public instruction shall establish a preliminary unit value to establish budgets for the 2000-2001 school year; and then upon verification of the number of units statewide for fiscal year 2001 but no later than January 31, the superintendent of public instruction may adjust the program unit value.

The appropriation for the state equalization guarantee contains sufficient funds to provide a statewide average five percent salary increase for teachers and a statewide average two and one-half percent salary increase for other certified and non-certified staff, including transportation employees.

Included in the state equalization guarantee is a nine million nine hundred fifty thousand seven hundred dollar ($9,950,700) reduction in base program cost, an amount equal to eight thousand ninety units multiplied by one-half the unit value of one thousand two hundred thirty dollars ($1,230).

The general fund appropriation in the state equalization guarantee distribution reflects the deduction of federal revenues pursuant to Paragraph (2) of Subsection C of Section 22-8-25 NMSA 1978 that includes payments commonly known as "impact aid funds" pursuant to 20 USCA 7701 et seq., formerly known as "P.L. 874 funds".

The general fund appropriation to the public school fund shall be reduced by the amounts transferred to the public school fund from the current school fund and from the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) receipts otherwise unappropriated.

Any unexpended or unencumbered balance in the distributions authorized remaining at the end of fiscal year 2001 from appropriations made from the general fund shall revert to the general fund.

INSTRUCTIONAL MATERIAL FUND: 28,800.0 2,000.0 30,800.0

The appropriation to the instructional material fund is made from the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) receipts.

EDUCATIONAL TECHNOLOGY FUND: 5,500.0 5,500.0

INCENTIVES FOR SCHOOL IMPROVEMENT

FUND: 1,900.0 1,900.0

ENROLLMENT GROWTH FACTOR 2,786.9 2,786.9

AT-RISK FACTOR 2,500.0 2,500.0

FEDERAL FLOW THROUGH: 257,953.1 257,953.1

EARLY CHILDHOOD EDUCATION 11,100.0 11,100.0

TOTAL PUBLIC SCHOOL SUPPORT: 1,618,319.1 4,000.0 257,953.1 1,880,272.1

ADULT BASIC EDUCATION FUND: 4,700.0 3,697.8 8,397.8

STATE DEPARTMENT OF PUBLIC EDUCATION:

(1) Administration:

(a) Personal services 5,675.5 230.5 106.2 3,129.9 9,142.1

(b) Employee benefits 1,523.4 105.1 32.5 882.3 2,543.3

(c) In-state travel 255.4 2.0 35.5 212.7 505.6

(d) Maintenance and repairs 41.2 14.6 1.2 22.8 79.8

(e) Supplies and materials 41.5 49.7 41.1 174.0 306.3

(f) Contractual services 580.6 115.4 55.0 1,410.8 2,161.8

(g) Operating costs 253.8 123.2 25.6 720.3 1,122.9

(h) Other costs 210.0 2,335.4 5.1 2,550.5

(i) Capital outlay 2.5 18.4 197.8 218.7

(j) Out-of-state travel 7.5 9.1 1.2 97.2 115.0

(k) Other financing uses 2.8 .1 155.8 158.7

Authorized FTE: 171.0 Permanent; 73.0 Term; 0.2 Temporary

Subtotal 8,381.7 862.2 2,652.1 7,008.7 18,904.7

The general fund appropriation to the state department of public education includes three hundred ten thousand two hundred dollars ($310,200) from federal Mineral Lands Leasing Act (30 USCA 181, et seq.) receipts.

Unexpended or unencumbered balances in the state department of public education remaining at the end of fiscal year 2001 from appropriations made from the general fund shall not revert.

(2) Apprenticeship assistance: 500.0 500.0

COMPUTERS IN THE SCHOOLS: 1,200.0 1,200.0

The general fund appropriation for computers in the schools contains sufficient funds to purchase two hundred computers for loan to the legislative council service to be used by temporary legislative staff during the first session of the forty-fifth legislature. The legislative council service and the state department of public education shall enter into a joint powers agreement that specified the details of the loan program.

PERFORMANCE-BASED BUDGETING: 450.0 450.0

STRENGTHENING QUALITY IN SCHOOLS 250.0 250.0

REGIONAL EDUCATION COOPERATIVES:

(1) Central 1,910.8 2,060.2 3,971.0

(2) High Plains 1,126.0 1,726.4 2,852.4

(3) Region IX 165.0 3,935.0 4,100.0

Section 5. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.

Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.