0001| SENATE BILL 329
|
0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
|
0003| INTRODUCED BY
|
0004| RICHARD M. ROMERO
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO EDUCATION; AMENDING THE PUBLIC SCHOOL FINANCE ACT
|
0012| TO REQUIRE SCHOOL DISTRICTS TO USE ACCRUAL BASIS ACCOUNTING,
|
0013| TO MAKE QUARTERLY REPORTS AND TO PREVENT THE USE OF CASH
|
0014| BALANCES FOR RECURRING EXPENSES.
|
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.--
|
0020| A. The department shall compile and publish a
|
0021| manual prescribing detailed [regulations] rules for a
|
0022| uniform system of accrual basis accounting and budgeting of
|
0023| funds for all public schools and school districts of the
|
0024| state. The manual of [regulations and any revision or
|
amendments thereto] rules shall become effective only upon
|
- 1 -
0001| approval by the state board [of education] and the
|
0002| legislative finance committee, filing with the state records
|
0003| center and publication. The department shall provide
|
0004| training to the school districts on accrual basis accounting.
|
0005| A copy shall also be filed with the department of finance and
|
0006| administration.
|
0007| B. All public schools and school districts shall
|
0008| comply with the [regulations] rules prescribed in the
|
0009| manual of accounting and budgeting and shall, upon request,
|
0010| submit additional reports concerning finances to the
|
0011| department. In addition, upon request, all public schools and
|
0012| school districts shall file reports with the department
|
0013| containing pertinent details regarding applications for
|
0014| federal money or federal grants-in-aid or regarding federal
|
0015| money or federal grants-in-aid received, including but not
|
0016| limited to details of programs, matching funds, personnel
|
0017| requirements, salary provisions and program numbers, as
|
0018| indicated in the catalog of federal domestic assistance, of
|
0019| the federal funds applied for and of those received.
|
0020| C. Upon request by the department of finance and
|
0021| administration, the legislative finance committee or the
|
0022| legislative education study committee, the [state]
|
0023| department [of public education] shall timely furnish
|
0024| information and data obtained from public schools and school
|
0025| districts pursuant to Subsection B of this section."
|
- 2 -
0001| Section 2. Section 22-8-13 NMSA 1978 (being Laws 1974,
|
0002| Chapter 8, Section 3, as amended) is amended to read:
|
0003| "22-8-13. REPORTS.--
|
0004| A. Each local school board shall require each
|
0005| public school in its school district to keep accurate records
|
0006| concerning membership in the public school. The
|
0007| superintendent of each school district shall maintain the
|
0008| following reports for each twenty-day reporting period:
|
0009| (1) the basic program MEM by grade in each
|
0010| public school;
|
0011| (2) the early childhood education MEM;
|
0012| (3) the special education MEM in each public
|
0013| school in class C and class D programs as defined in Section
|
0014| 22-8-21 NMSA 1978;
|
0015| (4) the number of class A and class B
|
0016| programs as defined in Section 22-8-21 NMSA 1978; [and]
|
0017| (5) the full-time-equivalent MEM for
|
0018| bilingual multicultural education programs; and
|
0019| (6) a comparison of actual revenues and
|
0020| expenditures with budgeted revenues and expenditures on a
|
0021| quarterly basis.
|
0022| B. The superintendent of each school district
|
0023| shall furnish to the department reports of the information
|
0024| required in Paragraphs (1) through [(5)] (6) of Subsection
|
0025| A of this section for the first forty days of the school year.
|
- 3 -
0001| The forty-day report and all other reports required by law or
|
0002| by the state board shall be furnished within five days of the
|
0003| close of the reporting period.
|
0004| C. All information required pursuant to this
|
0005| section shall be on forms prescribed and furnished by the
|
0006| department. A copy of any report made pursuant to this
|
0007| section shall be kept as a permanent record of the school
|
0008| district and shall be subject to inspection and audit at any
|
0009| reasonable time.
|
0010| D. The department shall withhold allotments of
|
0011| funds to any school district [where] when the
|
0012| superintendent has failed to comply until the superintendent
|
0013| complies with and agrees to continue complying with
|
0014| requirements of this section.
|
0015| E. The provisions of this section may be modified
|
0016| or suspended by the department for any school district or
|
0017| school operating under the Variable School Calendar Act. The
|
0018| department shall require MEM reports consistent with the
|
0019| calendar of operations of such school district or school and
|
0020| shall calculate an equivalent MEM for use in projecting school
|
0021| district revenue."
|
0022| Section 3. Section 22-8-41 NMSA 1978 (being Laws 1967,
|
0023| Chapter 16, Section 99, as amended) is amended to read:
|
0024| "22-8-41. RESTRICTION ON OPERATIONAL FUNDS--EMERGENCY
|
0025| ACCOUNTS--CASH BALANCES.--
|
- 4 -
0001| A. No school district shall expend money from its
|
0002| operational fund for the acquisition of a building site or for
|
0003| the construction of a new structure, unless the school
|
0004| district has bonded itself to practical capacity or the state
|
0005| superintendent determines and certifies to the legislative
|
0006| finance committee that the expending of money from the
|
0007| operational fund for this purpose is necessary for an adequate
|
0008| public educational program and will not unduly hamper the
|
0009| district's current operations.
|
0010| B. A school district may budget out of cash
|
0011| balances carried forward from the previous fiscal year an
|
0012| amount not to exceed five percent of its proposed operational
|
0013| fund expenditures for the ensuing fiscal year as an emergency
|
0014| account. Money in the emergency account shall be used only
|
0015| for unforeseen expenditures incurred after the annual budget
|
0016| was approved and shall not be expended without the prior
|
0017| written approval of the state superintendent.
|
0018| C. [In addition to the emergency account] School
|
0019| districts [may also] shall not budget operational fund
|
0020| cash balances carried forward from the previous fiscal year
|
0021| for operational expenditures [exclusive of salaries and
|
payroll, upon specific prior approval of the state
|
superintendent. The state superintendent shall notify the
|
legislative finance committee in writing of his approval of
|
such proposed expenditures]."
|
- 5 -
0001|
|