44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO EDUCATION; CREATING THE NATIVE AMERICAN EDUCATION FUND; AUTHORIZING TRANSFERS FROM THE GENERAL FUND TO THE PUBLIC SCHOOL CAPITAL OUTLAY FUND AND THE NATIVE AMERICAN EDUCATION FUND; MAKING APPROPRIATIONS.

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

Section 1. [NEW MATERIAL] NATIVE AMERICAN EDUCATION FUND--SET-ASIDE REQUIRED--PURPOSES.--

A. The "Native American education fund" is created in the state treasury.

B. An amount of money equal to fifty percent of the total amount submitted to the state in the four quarters ending on September 30 prior to the transfer by Indian nations, tribes or pueblos pursuant to gaming revenue-sharing agreements shall be transferred on January 1 of each year from the general fund to the Native American education fund.

C. The money in the Native American education fund shall be expended for the purposes of:

(1) developing necessary infrastructure and facilities for schools, including post-secondary educational institutions, that:

(a) have been established in the state by the federal government or an Indian nation, tribe or pueblo to provide education to tribal members; or

(b) are public schools in which the total Native American student membership is ten percent or greater;

(2) providing scholarships to students attending post-secondary educational institutions in New Mexico that were established by the federal government or an Indian nation, tribe or pueblo located in whole or in part in the state;

(3) augmenting the state funding of the schools to allow programs to be provided that improve the educational success or further the cultural competency of Native American students; or

(4) improving school bus routes on tribal lands within the school district.

D. As used in this section:

(1) "cultural competency" means knowledge and understanding of one's own culture, including language, tradition and history proficiency; and

(2) "membership" means the total enrollment of qualified students on the current roll of a class or school on a day specified by the state department of public education as the day that public school membership is determined. The current roll shall be the same as the current roll developed pursuant to the Public School Finance Act.

E. Annually, during each legislative session, the legislature shall specify projects to be funded from the money in the Native American education fund and appropriate the money to fund those projects.

F. Any unexpended or unencumbered balance remaining at the end of any fiscal year in the Native American education fund shall not revert to the general fund. All interest or other earnings made from investing the money in the Native American education fund shall accrue to the fund and be available for appropriation by the legislature for the purposes identified in this section for which the fund can be expended.

Section 2. A new section of the Public School Capital Outlay Act is enacted to read:

"[NEW MATERIAL] ANNUAL TRANSFERS TO THE PUBLIC SCHOOL CAPITAL OUTLAY FUND--INDIAN GAMING REVENUE.--An amount of money equal to fifty percent of the total amount submitted to the state in the four quarters ending on September 30 prior to the transfer by Indian nations, tribes or pueblos pursuant to gaming revenue-sharing agreements shall be transferred on January 1 of each year from the general fund to the public school capital outlay fund."

Section 3. APPROPRIATION.--

A. Fifteen million eight hundred sixteen thousand three hundred eighty-nine dollars ($15,816,389) is appropriated from the general fund to the Native American education fund for expenditure in fiscal year 2000 and subsequent fiscal years for the purpose of funding projects selected by the legislature to receive money from that fund. Any unexpended or unencumbered balance remaining in the fund at the end of a fiscal year shall not revert to the general fund.

B. Fifteen million eight hundred sixteen thousand three hundred eighty-nine dollars ($15,816,389) is appropriated from the general fund to the public school capital outlay fund for expenditure in fiscal year 2000 and subsequent fiscal years for the purpose of funding projects selected by the legislature to receive money from that fund. Any unexpended or unencumbered balance remaining in the fund at the end of a fiscal year shall not revert to the general fund.