0001| HOUSE BILL 240
|
0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
|
0003| INTRODUCED BY
|
0004| ROBERTO J. GONZALES
|
0005|
|
0006|
|
0007|
|
0008| FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
|
0009|
|
0010| AN ACT
|
0011| RELATING TO EDUCATION; CHANGING CERTAIN REQUIREMENTS OF PUBLIC
|
0012| SCHOOL ACCOUNTING AND BUDGETING; REMOVING A CERTAIN BUDGETING
|
0013| REQUIREMENT FOR CAPITAL OUTLAY EXPENDITURE; DECLARING AN
|
0014| EMERGENCY.
|
0015|
|
0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0017| Section 1. Section 22-8-5 NMSA 1978 (being Laws 1967,
|
0018| Chapter 16, Section 59, as amended) is amended to read:
|
0019| "22-8-5. [MANUAL OF ACCOUNTING AND BUDGETING] RULES--
|
0020| PROCEDURES.--
|
0021| A. The department shall [compile and publish a
|
manual prescribing detailed regulations] establish rules and
|
0023| procedures for a uniform system of accounting and budgeting
|
0024| of funds for all public schools and school districts of the
|
0025| state. The [manual of regulations and any revision or
|
- 1 -
amendments thereto] rules, including revisions or
|
0002| amendments,
|
0003| shall become effective only upon approval by the state board
|
0004| [of education and the legislative finance committee] and
|
0005| upon filing with the state records center and publication. A
|
0006| copy shall also be filed with the department of finance and
|
0007| administration and the legislative finance committee.
|
0008| B. All public schools and school districts shall
|
0009| comply with the [regulations prescribed in the manual of
|
accounting and budgeting] rules and procedures prescribed
|
0011| and shall, upon request, submit additional reports concerning
|
0012| finances to the department. In addition, upon request, all
|
0013| public schools and school districts shall file reports with
|
0014| the department containing pertinent details regarding
|
0015| applications for federal money or federal grants-in-aid or
|
0016| regarding federal money or federal grants-in-aid received,
|
0017| including but not limited to details of programs, matching
|
0018| funds, personnel requirements, salary provisions and program
|
0019| numbers, as indicated in the catalog of federal domestic
|
0020| assistance, of the federal funds applied for and of those
|
0021| received.
|
0022| C. Upon request by the department of finance and
|
0023| administration, the legislative finance committee or the
|
0024| legislative education study committee, the [state]
|
0025| department [of public education] shall timely furnish
|
- 2 -
0001| information and data obtained from public schools and school
|
0002| districts pursuant to Subsection B of this section."
|
0003| Section 2. Section 22-8-6 NMSA 1978 (being Laws 1967,
|
0004| Chapter 16, Section 60, as amended by Laws 1993, Chapter 224,
|
0005| Section 2 and also by Laws 1993, Chapter 227, Section 9) is
|
0006| amended to read:
|
0007| "22-8-6. BUDGETS--SUBMISSION--FAILURE TO SUBMIT.--
|
0008| A. Prior to April 15 of each year, each local
|
0009| school board shall submit to the department an [estimated]
|
0010| operating budget for the school district for the ensuing
|
0011| fiscal year. Upon written approval of the state
|
0012| superintendent, the date for the submission of the
|
0013| [estimated] operating budget as required by this section
|
0014| may be extended to a later date fixed by the state
|
0015| superintendent.
|
0016| B. The [estimated] operating budget required
|
0017| by this section may include:
|
0018| (1) estimates of the cost of insurance
|
0019| policies for periods up to five years if a lower rate may be
|
0020| obtained by purchasing insurance for the longer term; or
|
0021| (2) estimates of the cost of contracts for
|
0022| the transportation of students for terms extending up to four
|
0023| years.
|
0024| C. The [estimated] operating budget required
|
0025| by this section shall include a proposed breakdown for charter
|
- 3 -
0001| schools in the [local] school district, by individual
|
0002| charter school, of the membership projected for each charter
|
0003| school, the total program units generated at that charter
|
0004| school and approximate anticipated disbursements and
|
0005| expenditures at each charter school.
|
0006| D. If a local school board fails to submit a
|
0007| budget pursuant to this section, the department shall prepare
|
0008| the [estimated] operating budget for the school district
|
0009| for the ensuing fiscal year. A local school board shall be
|
0010| considered as failing to submit a budget pursuant to this
|
0011| section if the budget submitted exceeds the total projected
|
0012| resources of the school district or if the budget submitted
|
0013| does not comply with the law or [the manual of accounting and
|
budgeting] with rules and procedures of the department."
|
0015| Section 3. Section 22-8-7 NMSA 1978 (being Laws 1967,
|
0016| Chapter 16, Section 61, as amended) is amended to read:
|
0017| "22-8-7. BUDGETS--FORM.--All budgets submitted to the
|
0018| [division] department by a school district shall be in a
|
0019| form specified by the [manual of accounting and budgeting of
|
the division] department."
|
0021| Section 4. Section 22-8-10 NMSA 1978 (being Laws 1967,
|
0022| Chapter 16, Section 65, as amended) is amended to read:
|
0023| "22-8-10. BUDGETS--FIXING THE [ESTIMATED] OPERATING
|
0024| BUDGET.--
|
0025| A. Prior to June 20 of each year, each local
|
- 4 -
0001| school board shall, at a public hearing of which notice has
|
0002| been published by the local school board, fix the
|
0003| [estimated] operating budget for the school district for
|
0004| the ensuing fiscal year. At the discretion of the state
|
0005| superintendent or the local school board, the department may
|
0006| participate in the public hearing.
|
0007| B. Prior to the public hearing held to fix the
|
0008| [estimated] operating budget for the school district, the
|
0009| local school board shall give notice to parents explaining the
|
0010| budget process and inviting parental involvement and input in
|
0011| that process prior to the date for the public hearing."
|
0012| Section 5. Section 22-8-11 NMSA 1978 (being Laws 1967,
|
0013| Chapter 16, Section 66, as amended) is amended to read:
|
0014| "22-8-11. BUDGETS--[TEMPORARY--FINAL] APPROVAL OF
|
0015| OPERATING BUDGET.--
|
0016| A. The department shall:
|
0017| (1) on or before July 1 of each year, approve
|
0018| and certify to each local school board [a temporary] an
|
0019| operating budget for use by the local school board [pending
|
approval by the department of a final budget]; and
|
0021| (2) make corrections, revisions and
|
0022| amendments to the [estimated] operating budgets fixed by
|
0023| the local school boards and the state superintendent to
|
0024| conform the budgets to the requirements of law and [to the
|
manual of accounting and budgeting; and
|
- 5 -
(3) before the first Monday of September of
|
each year, approve and certify to each local school board and
|
to the board of county commissioners of the county in which
|
the school district is situated a final budget for use by the
|
local school board, based upon the estimated budget fixed by
|
the local school board and the state superintendent] to the
|
0007| department's rules and procedures.
|
0008| B. No school board or officer or employee of a
|
0009| school district shall make any expenditure or incur any
|
0010| obligation for the expenditure of public funds unless that
|
0011| expenditure or [contractual] obligation is made in
|
0012| accordance with an operating budget approved by the department
|
0013| [but]. This prohibition does not prohibit the transfer of
|
0014| funds [between line items within series of a budget]
|
0015| pursuant to the department's rules and procedures.
|
0016| C. The department shall not approve and certify
|
0017| [a temporary] an operating budget of any school district
|
0018| that fails to demonstrate that parental involvement in the
|
0019| budget process was solicited."
|
0020| Section 6. Section 22-8-12 NMSA 1978 (being Laws 1967,
|
0021| Chapter 16, Section 67, as amended) is amended to read:
|
0022| "22-8-12. [FINAL] OPERATING BUDGETS--[ALTERATIONS
|
OR] AMENDMENTS.--[Final] Operating budgets shall not be
|
0024| [altered or] amended after approval and certification by the
|
0025| department, except [for the following purposes and according
|
- 6 -
to the following procedure:
|
A.] upon written request of any local school
|
0003| board and approval by the state superintendent [may
|
authorize transfer within the budget, or provide for items not
|
included, when the total amount of the budget will not be
|
increased thereby;
|
B. upon written request of any local school board,
|
the state superintendent, in conformance with the regulations
|
of the department, may authorize an increase in any budget if
|
the increase is necessary because of the receipt of revenue
|
that was not anticipated at the time the budget was fixed and
|
if the increase is directly related to a special project or
|
program for which the additional revenue was received. The
|
state superintendent shall make a written report to the
|
legislative finance committee of any such budget increase;
|
C. upon written request of any local school board,
|
the state superintendent may authorize an increase in a budget
|
of not more than one thousand dollars ($1,000); or
|
D. upon written request of any local school board,
|
the state superintendent, after notice and a public hearing,
|
may authorize an increase in a school budget in an amount
|
exceeding one thousand dollars ($1,000). The notice of the
|
hearing shall designate the school district which proposes to
|
alter or amend its budget, together with the time, place and
|
date of the hearing. The notice of the hearing shall be
|
- 7 -
published at least once a week for two consecutive weeks in a
|
newspaper of general circulation in the county in which the
|
school district is situated. The last publication of the
|
notice shall be at least three days prior to the date set for
|
the hearing]."
|
0006| Section 7. Section 22-8-12.1 NMSA 1978 (being Laws 1978,
|
0007| Chapter 128, Section 5, as amended) is amended to read:
|
0008| "22-8-12.1. MEMBERSHIP PROJECTIONS AND BUDGET
|
0009| REQUESTS.--
|
0010| A. Each local school board shall submit annually,
|
0011| on or before October 15, to the department:
|
0012| (1) an estimate for the succeeding fiscal
|
0013| year of:
|
0014| (a) the membership of qualified
|
0015| students to be enrolled in the basic program;
|
0016| (b) the full-time-equivalent membership
|
0017| of students to be enrolled in approved early childhood
|
0018| education programs; and
|
0019| (c) the membership of students to be
|
0020| enrolled in approved special education programs;
|
0021| (2) all other information necessary to
|
0022| calculate program costs; and
|
0023| (3) any other information related to the
|
0024| financial needs of the school district as may be requested by
|
0025| the department.
|
- 8 -
0001| B. All information requested pursuant to
|
0002| Subsection A of this section shall be submitted on forms
|
0003| prescribed and furnished by the department and shall comply
|
0004| with the [manual of accounting and budgeting published by the
|
department] department's rules and procedures.
|
0006| C. The department shall:
|
0007| (1) review the financial needs of each school
|
0008| district for the succeeding fiscal year; and
|
0009| (2) submit annually, on or before November
|
0010| 30, to the secretary of finance and administration the
|
0011| recommendations of the state board for:
|
0012| (a) amendments to the public school
|
0013| finance formula;
|
0014| (b) appropriations for the succeeding
|
0015| fiscal year to the public school fund for inclusion in the
|
0016| executive budget document; and
|
0017| (c) appropriations for the succeeding
|
0018| fiscal year for pupil transportation and instructional
|
0019| materials."
|
0020| Section 8. REPEAL.--Section 22-8-12.2 NMSA 1978 (being
|
0021| Laws 1978, Chapter 149, Section 1, as amended) is repealed.
|
0022| Section 9. EMERGENCY.--It is necessary for the public
|
0023| peace, health and safety that this act take effect
|
0024| immediately.
|
0025|
|
- 9 -