0001|                           SENATE BILL 632
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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|                          PHILLIP J. MALOOF
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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 PUBLIC SCHOOLS; AMENDING AND ENACTING SECTIONS OF
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0012|     THE NMSA 1978 TO AUTHORIZE SCHOOL DISTRICTS TO LEASE
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0013|     ADVERTISING SPACE ON SCHOOL BUSES TO COMMERCIAL VENDORS.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 22-16-2 NMSA 1978 (being Laws 1967,
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0017|     Chapter 16, Section 220, as amended) is amended to read:
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0018|          "22-16-2.  STATE TRANSPORTATION DIVISION--DUTIES.--Subject
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0019|     to the policies of the state board, the state transportation
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0020|     division of the department of education shall:
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0021|               A.  establish standards for school bus
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0022|     transportation;
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0023|               B.  establish standards for school bus design and
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0024|     operation pursuant to provisions of Section 22-16-11 NMSA 1978;
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0025|               C.  establish procedures pertaining to the
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0001|     resolution of transportation issues in areas where local school
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0002|     districts are engaged in school district boundary disputes;
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0003|               D.  enforce those regulations adopted by the state
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0004|     board relating to school bus transportation;
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0005|               E.  audit records of school bus contractors or
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0006|     school district-owned bus operations in accordance with
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0007|     regulations promulgated by the state transportation director;
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0008|     <s>[and]</s>
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0009|               F.  establish standards and certify for safety,
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0010|     vehicles that are defined as school buses by the Motor Vehicle
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0011|     Code; <u>and
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<u></u>0012| <u>              G.  establish regulations for the purpose of
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<u></u>0013| <u>    permitting commercial advertisements on school buses</u>."
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0014|          Section 2.  A new section of the Public School Code is
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0015|     enacted to read:
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0016|          "[<u>NEW MATERIAL</u>]  BUS ADVERTISEMENTS AUTHORIZED--
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0017|     LIMITATIONS AND RESTRICTIONS.--
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0018|               A.  The state transportation division of the
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0019|     department of education shall authorize local school boards to
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0020|     sell advertising space on the interior and exterior of school
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0021|     buses.  The local school board shall develop guidelines for the
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0022|     type of advertisements that will be permitted.  There shall be
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0023|     no advertisements that involve:
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0024|                    (1)  obscenity, sexual material, gambling,
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0025|     tobacco, alcohol, political campaigns or causes, religion or
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0001|     promoting the use of drugs; or
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0002|                    (2)  general content that is harmful or
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0003|     inappropriate for school buses as determined by the department
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0004|     of education.
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0005|               B.  All school bus advertisements shall be painted
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0006|     on the bus in a manner that does not interfere with national
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0007|     and state requirements for school bus markings, lights and
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0008|     signs.  The commercial advertiser that contracts with the
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0009|     school district for the use of the space for advertisements
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0010|     shall be required to pay the cost of painting the
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0011|     advertisements on the bus and shall pay for its removal after
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0012|     the term of the contract has expired.
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0013|               C.  The right to sell advertising space on school
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0014|     buses shall be within the sole discretion of the local school
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0015|     board, except as required by Section 3 of this act.
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0016|               D.  An officer or employee of a school district or
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0017|     of the department of education who fails to comply with the
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0018|     obligations or restrictions created by this act shall be
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0019|     subject to discipline, including the possibility of being
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0020|     terminated from employment, and shall be subject to civil
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0021|     liability due to the noncompliance.  A school bus owner-
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0022|     operator that fails to comply with the obligations or
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0023|     restrictions created by this act is in breach of contract and
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0024|     the contract is subject to cancellation after notice and
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0025|     hearing before the director of the state transportation
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0001|     division."
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0002|          Section 3.  A new section of the Public School Code is
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0003|     enacted to read:
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0004|          "[<u>NEW MATERIAL</u>]  SCHOOL BUS TITLE--LEASING SPACE.--
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0005|               A.  All school bus owner-operators that have legal
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0006|     title to school buses used and operated pursuant to an existing
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0007|     bus service contract with a school district may lease space on
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0008|     their buses to the school district for the purpose of selling
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0009|     commercial advertisements.  In exchange for leasing the space,
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0010|     the school bus owner-operators shall receive ten percent of the
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0011|     total value of the amount of the contract between the school
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0012|     district and the commercial advertiser.
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0013|               B.  The amount of space that will be available for
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0014|     commercial advertisements on school buses shall be established
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0015|     by regulations of the department of education consistent with
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0016|     national and state requirements for school bus markings, lights
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0017|     and signs.
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0018|               C.  Space for advertising on school buses owned by
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0019|     the department of education shall be provided to school
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0020|     districts without cost for the purpose of selling advertising
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0021|     space to commercial advertisers."
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0022|          Section 4.  A new section of the Public School Code is
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0023|     enacted to read:
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0024|          "[<u>NEW MATERIAL</u>]  SOLICITATION--LEASE--RENT PAYMENT.--
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0025|               A.  A school district shall be permitted to solicit
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0001|     offers from commercial advertisers for the use of space on the
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0002|     school buses that service their school district.  The school
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0003|     district may enter into a lease agreement with a commercial
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0004|     advertiser for the use of any designated advertising space on a
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0005|     school bus that services the school district.
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0006|               B.  In a lease agreement with a commercial
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0007|     advertiser, the school district shall establish the rental
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0008|     amount, schedule and term.  The term of any lease agreement
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0009|     shall not be for a period longer than the time remaining on the
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0010|     school district's bus service contract with a school bus
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0011|     operator who owns the bus that is the subject of the lease
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0012|     agreement.
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0013|               C.  A school district shall not enter into a lease
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0014|     agreement with a commercial advertiser that seeks to display an
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0015|     advertisement that is prohibited by local school board
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0016|     guidelines."
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0017|          Section 5.  A new section of the Public School Code is
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0018|     enacted to read:
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0019|          "[<u>NEW MATERIAL</u>]  DISTRIBUTION OF PROCEEDS.--The funds
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0020|     raised from commercial advertisers pursuant to a lease
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0021|     agreement for the use of advertising space on a school bus by a
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0022|     school district shall be distributed into the educational
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0023|     technology fund, except for the required payment made to school
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0024|     bus owner-operators.  Forty percent of the proceeds raised
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0025|     shall be distributed to school districts consistent with
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0001|     Section 22-15A-9 NMSA 1978, and the remaining portion shall be
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0002|     distributed according to Section 7 of this act."
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0003|          Section 6.  A new section of the Public School Code is
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0004|     enacted to read:
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0005|          "[<u>NEW MATERIAL</u>]  ACCOUNTABILITY.--Funds raised by a
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0006|     school district from lease agreements relating to the use of
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0007|     advertising space on school buses by commercial advertisers
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0008|     shall be fully accounted for and subject to review and
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0009|     examination by the department of education."
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0010|          Section 7.  A new section of the Technology for Education
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0011|     Act is enacted to read:
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0012|          "[<u>NEW MATERIAL</u>]  SCHOOL BUS ADVERTISING FUND--
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0013|     DISTRIBUTION.--
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0014|               A.  Funds raised by selling or leasing advertising
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0015|     on school buses shall be collected from school districts and
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0016|     placed in a segregated account.
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0017|               B.  Funds placed in the segregated account shall be
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0018|     distributed to each school district in shares equal to the
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0019|     amount that each school district contributed to the account.
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0020|               C.  The school district shall use its share of the
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0021|     funds in the account for the purchase of educational computer
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0022|     technology.
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0023|               D.  The local school boards shall determine the type
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0024|     of educational technology that shall be purchased.  The school
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0025|     district shall give a report to the department of education on
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0001|     how the funds were spent."
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0002|                                    
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0003|   
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0004|                      FORTY-THIRD LEGISLATURE
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0005|                        FIRST SESSION, 1997             SB 632/a
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0006|   
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0007|   
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0008|                                               February 26, 1997
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0009|   
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0010|   Mr. President:
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0011|   
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0012|       Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
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0013|   whom has been referred
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0014|   
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0015|                    SENATE BILL 632, as amended
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0016|   
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0017|   has had it under consideration and reports same with
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0018|   recommendation that it DO PASS, amended as follows:
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0019|   
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0020|           1.  On page 3, lines 2 and 3, strike "department of
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0021|   education" and insert in lieu thereof "state board".
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0022|   
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0023|                                Respectfully submitted,
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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|                                Roman M. Maes, III, Chairman 
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0005|   
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0006|   
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0007|   
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0008|   Adopted_______________________   Not
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0009|   Adopted_______________________
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0010|             (Chief Clerk)                          (Chief Clerk)
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0011|   
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0012|   
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0013|                     Date ________________________
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0014|   
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0015|   
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0016|   The roll call vote was <u> 6 </u> For <u> 1 </u> Against
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0017|           Yes:    6
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0018|           No:     McKibben
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0019|                Excused:     Fidel, Howes, Robinson
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0020|           Absent: None
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0021|   
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0022|   
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0023|   S0632CT1                                            .117617.1
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0024|   
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0025|                        FORTY-THIRD LEGISLATURE
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0001|                           FIRST SESSION
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0002|   
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0003|   
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0004|                                               February 28, 1997
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0005|   
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0006|   
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0007|   SENATE FLOOR AMENDMENT number _______ to SENATE BILL 632, as
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0008|   amended
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0009|   
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0010|   Amendment sponsored by Senator Sue F. Wilson 
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0011|   
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0012|   
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0013|       1.  On page 1, line 13, after "VENDORS" insert "; CREATING A
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0014|   FUND".
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0015|   
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0016|       2.  Strike Senate Education Committee Amendments 10 and 11.
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0017|   
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0018|       3.  On page 5, strike lines 17 through 25 and insert in lieu
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0019|   thereof the following new sections:
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0020|   
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0021|       "[<u>NEW MATERIAL</u>] SCHOOL BUS ADVERTISING FUND.--The "school
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0022|   bus advertising fund" is created in the state treasury and shall
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0023|   be administered by the department of education.  The fund shall
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0024|   consist of money raised pursuant to this act.  Balances in the
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0025|   fund at the end of any fiscal year shall not revert to the
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0001|   general fund.  Income from investment of the fund shall be
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0002|   credited to the fund."
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0003|   
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0004|       Section 6.  A new section of the Public School Code is
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0005|   enacted to read: 
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0006|   
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0007|       "[<u>NEW MATERIAL</u>] DISTRIBUTION.--
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0008|   
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0009|           A.  Funds raised from commercial advertisement shall be
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0010|   distributed from the school bus advertising fund after the
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0011|   required payment is made to school bus private owners.
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0012|   
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0013|           B.  Sixty percent of the proceeds raised shall be
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0014|   distributed to each school district to use in accordance with the
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0015|   school district's technology plan in amounts proportionate to the
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0016|   amount that each school district contributed to the school bus
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0017|   advertising fund.
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0018|   
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0019|           C.  Forty percent of the proceeds raised shall be
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0020|   distributed on a per membership basis of middle and junior high
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0021|   schools by the state superintendent to school districts for
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0022|   extracurricular activities.  If a school district does not expend
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0023|   money from the school bus advertising fund for extracurricular
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0024|   activities, it shall revert back to the fund.
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0025|   
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0001|           D.  School districts shall report to the department of
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0002|   education on how the funds were used in the technology plans and
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0003|   for extracurricular activities."".
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0004|   
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0005|       4.  Renumber the succeeding section accordingly.
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0006|   
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0007|       5.  On page 6, strike lines 8 through 24.
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0008|   
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0009|       6.  On page 6, between lines 7 and 8, insert the following
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0010|   section:
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0011|   
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0012|       "Section 8.  TEMPORARY PROVISION.--The state department of
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0013|   public education may request budget increases in fiscal year 1998
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0014|   for the school bus advertising fund.". 
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0015|   
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0016|   
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0017|   
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0018|   
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0019|   
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0020|   
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0021|                                       __________________________
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0022|                                       Sue F. Wilson
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0023|   
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0024|   
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0025|   
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0001|   Adopted ___________________   Not Adopted _______________________
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0002|            (Chief Clerk)                    (Chief Clerk)
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0003|   
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0004|   
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0005|                    Date _________________
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0006|                          State of New Mexico
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0007|                      House of Representatives
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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|   
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0016|   Mr. Speaker:
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0017|   
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0018|       Your EDUCATION COMMITTEE, to whom has been referred
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0019|   
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0020|                 SENATE BILL 632, as amended
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0021|                               
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0022|   has had it under consideration and reports same with
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0023|   recommendation that it DO PASS.
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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|                            <u>                                 
</u>    |
<u></u>0005| <u>                           </u>                        Samuel F. Vigil, Chairman
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0006|   
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0007|   
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0008|   Adopted <u>                    </u>   Not Adopted <u>                     
</u>    |
<u></u>0009| <u>  </u>
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0010|           (Chief Clerk)               
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0011|        (Chief Clerk)
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0012|   
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0013|                        Date <u>            </u>
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0014|   
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0015|   The roll call vote was<u> 6 </u> For<u> 2 </u> Against
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0016|   Yes:         6
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0017|           No:     Gonzales, Vigil
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0018|                Excused:     McSherry, Nicely, Weeks, W.C. Williams, Wright
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0019|           Absent: None
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0020|   
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0021|   
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0022|   G:\BILLTEXT\BILLW_97\S0632
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