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

RELATING TO TOBACCO SETTLEMENT REVENUES; REQUIRING APPROPRIATION OF A PORTION OF THE STATE'S SHARE OF TOBACCO SETTLEMENT REVENUES FOR CERTAIN RURAL HEALTH CARE PURPOSES AND EDUCATIONAL TECHNOLOGY FOR RURAL SCHOOLS; CREATING A FUND; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

Section 1. [NEW MATERIAL] TOBACCO SETTLEMENT DISTRIBUTIONS TO STATE--TRANSFER TO CERTAIN FUNDS.--From every amount distributed to the state pursuant to the master settlement agreement entered into between tobacco product manufacturers and the various states, including New Mexico, and executed November 23, 1998, the state treasurer shall transfer fourteen percent of the amount to the rural health care fund for expenditure as provided in Section 2 of this act and six percent to the educational technology fund for deposit in a separate account for distribution to rural school districts for educational technology as provided in the Technology for Education Act.

Section 2. [NEW MATERIAL] RURAL HEALTH CARE FUND CREATED--TOBACCO SETTLEMENT REVENUE--PURPOSES.--

A. The "rural health care fund" is created in the state treasury and shall consist of tobacco settlement revenue distributed to the fund. Income earned on the fund shall accrue to the fund, and balances at the end of any fiscal year shall not revert. Money in the fund shall be appropriated by the legislature annually as provided in this section.

B. Beginning with fiscal year 2000 and for each fiscal year thereafter, the legislature shall appropriate the amount of tobacco settlement revenue distributed to the fund in the prior fiscal year as follows:

(1) seventy percent of that amount shall be appropriated to the department of health to provide primary health care services in rural areas of the state pursuant to the provisions of the Rural Primary Health Care Act; and

(2) thirty percent of that amount shall be appropriated for substance abuse prevention programs serving residents in rural areas of the state.

C. As used in this section:

(1) "rural areas" means municipalities with a population according to the most recent federal decennial census of less than five thousand and the unincorporated areas of counties; and

(2) "tobacco settlement revenue" means money distributed to the state pursuant to the master settlement agreement entered into between tobacco product manufacturers and the various states, including New Mexico, and executed November 23, 1998.

Section 3. A new section of the Technology for Education Act is enacted to read:

"[NEW MATERIAL] EDUCATIONAL TECHNOLOGY FUND--ADDITIONAL DISTRIBUTION FOR RURAL SCHOOL DISTRICTS.--

A. Upon annual review and approval of a school district's educational technology plan, the bureau shall determine a distribution from the rural set-aside account in the educational technology fund for each rural school district. This distribution is in addition to any distribution made pursuant to Section 22-15A-9 NMSA 1978.

B. On or before July 31 of each year, from the amount of money in the rural set-aside account, the bureau shall distribute to each rural school district an amount equal to ninety percent of the district's estimated additional rural entitlement as determined by the projected membership for the school year. A rural school district's entitlement is that portion of the total amount of the annual rural set-aside appropriation that the projected membership bears to the projected membership of all rural school districts in the state. Kindergarten membership shall be calculated on a one-half full-time-equivalent basis.

C. On or before January 30 of each year, the bureau shall recompute each rural entitlement using the final funded membership for that year and shall allocate the balance of the annual appropriation adjusting for any over- or under-projection of membership.

D. Each school district receiving a distribution pursuant to the Technology for Education Act is responsible for the purchase, distribution, use and maintenance of educational technology acquired with that money."

Section 4. Section 22-15A-2 NMSA 1978 (being Laws 1994, Chapter 96, Section 2) is amended to read:

"22-15A-2. DEFINITIONS.--As used in the Technology for Education Act:

A. "bureau" means the education technology bureau in the department of education;

B. "chief" means the chief of the bureau;

C. "council" means the council on technology in education; [and]

D. "educational technology" means tools used in the educational process that constitute learning resources and may include closed circuit television systems, educational television and radio broadcasting, cable television, satellite, copper and fiber optic transmission, computer, video and audio laser and CD ROM discs, video and audio tapes or other technologies and the training, maintenance, equipment and computer infrastructure information, techniques and tools used to implement technology in classrooms and library and media centers;

E. "membership" means the total enrollment of qualified students, as defined in the Public School Finance Act, on the current roll of class or school on a specified day. The current roll is established by the addition of original entries and re-entries minus withdrawals. Withdrawal of students, in addition to students formally withdrawn from the public school, includes students absent from the public school for as many as ten consecutive school days; and

F. "rural school district" means a school district with a membership of less than six thousand students."

Section 5. Section 22-15A-8 NMSA 1978 (being Laws 1994, Chapter 96, Section 8) is amended to read:

"22-15A-8. EDUCATIONAL TECHNOLOGY FUND--CREATED.--

A. The "educational technology fund" is created in the state treasury. Money in the fund is appropriated to the department of education for the purpose of implementing the provisions of the Technology for Education Act. Money in the fund shall be distributed in the manner provided in the Technology for Education Act.

B. Money distributed to the educational technology fund pursuant to Section 1 of this act shall be deposited in a separate account in the fund to be known as the "rural set-aside account". Money in this account is appropriated to the department of education to make distributions to rural school districts for educational technology pursuant to the Technology for Education Act.

C. Money in the fund shall only be expended pursuant to warrants issued by the department of finance and administration pursuant to vouchers signed by the chief or the state superintendent. Money in the fund shall not revert at the end of the fiscal year, but shall remain to the credit of the fund."

Section 6. Section 22-15A-9 NMSA 1978 (being Laws 1994, Chapter 96, Section 9) is amended to read:

"22-15A-9. EDUCATIONAL TECHNOLOGY FUND--DISTRIBUTION.--

A. Upon annual review and approval of a school district's educational technology plan, the bureau shall determine a separate distribution for each school district from money in the educational technology fund [for each school district], other than money in the rural set-aside account.

B. On or before July 31 of each year, the bureau shall distribute money in the educational technology fund directly to each school district in an amount equal to ninety percent of the district's estimated entitlement as determined by the projected membership for the school year. A school district's entitlement is that portion of the total amount of the annual appropriation that the projected membership bears to the projected membership of the state. Kindergarten membership shall be calculated on a one-half full-time equivalent basis.

C. On or before January 30 of each year, the bureau shall recompute each entitlement under this section using the final funded membership for that year and shall allocate the balance of the annual appropriation adjusting for any over- or under-projection of membership.

D. Any school district receiving funding pursuant to the Technology for Education Act is responsible for the purchase, distribution, use and maintenance of educational technology.

[E. As used in this section, "membership" means the total enrollment of qualified students, as defined in the Public School Finance Act, on the current roll of class or school on a specified day. The current roll is established by the addition of original entries and re-entries minus withdrawals. Withdrawal of students, in addition to students formally withdrawn from the public school, includes students absent from the public school for as many as ten consecutive school days.]"

Section 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.