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NMSBA Legislative Information

2008 NMSBA Legislative Program

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The Funding Formula is HB 241

Governor's Legislative Action

2008 NM Legislative Session Updates

Lilliemae Ortiz was the NMSBA Contracted Lobbyist for this Legislative Session. When she was in Washington D.C. for the NSBA Leadership Conference and Federal Relations Network Conference, Vicki Smith served as the Lobbyist for NMSBA. Both women are Past-Presidents of the association.
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New Mexico School Boards Association
Legislative Update – Wednesday, January 23, 2008

House Education Committee
The House Education Committee met today and to discuss various bills. NMSBA spoke in support of the following bills which passed unanimously:
· HB 19 INSURANCE FOR PRIVATE USE OF PUBLIC SCHOOLS, Rep. Miera — amends the Public School Insurance Authority Act to provide for the adoption of policies relating to volunteers and the private use of school facilities and to provide limited insurance coverage, in certain circumstances, for liability related to the private use of school facilities; and appropriates $200,000 from the General Fund to the Public School Insurance Fund for FY 09 to obtain insurance against claims arising from the use of school facilities by private persons.

· HB 28 SPORTING EVENT REFEREE GROSS RECEIPTS, Rep. Miera — exempts from the gross receipts tax the receipts of refereeing, umpiring, scoring or other athletic officiating at certain sporting events in New Mexico sponsored by the New Mexico Activities Association or a municipality, a county or a nonprofit organization."

· HJM 3 STUDY SCHOOL STAFF SHORTAGE ISSUES, Rep. Cote — requests that PED and OEA examine issues related to turnover and emergencies resulting from shortages of counselors, nurses, and other professional instructional support personnel in public school districts and charter schools; and report finding and recommendations, if any, to the LESC before the next regular legislative session.

Senate Education Committee
The Senate Education Committee met today and to discuss various bills. NMSBA spoke in support of the following bills which passed unanimously:
· SB 30 FAMILY RESOURCE PROGRAM GRANTS FOR SCHOOLS, Sen. Nava – amends the Family and Youth Resource Act to allow a school that met the poverty level eligibility criteria at the time of its application and program approval by PED to continue to receive funding so long as it maintains an average poverty level of 8 percent over any three-year period; and appropriates $3.0 million from the General Fund to the Family and Youth Resource Fund for FY 09 and subsequent fiscal years.

· SB 58 ENLACE PROGRAM AT CERTAIN COLLEGES, Sen. Sanchez B. – appropriates $2.0 million from the General Fund to HED for FY 09 for the ENLACE program, with the appropriation distributed equally to UNM, NMSU, San Juan college, Santa Fe Community College, and Clovis Community Co0llege.

The following bills were introduced that may be interest to you:
· SB 45 SCHOOL STAFF PROFESSIONAL DEVELOPMENT LIMITS, Sen. Boitano – amends the Public School Finance Act to prohibit professional development for teachers during the instructional year.

· PUBLIC SCHOOL CAPITAL OUTLAY OMNIBUS BILL, Sen. Nava — amends the Public School Capital Outlay Act to create the Public School Facility Opportunity Fund, to authorize grants from the fund, to provide supplemental funding for projects, to reduce the offset from a grant award for certain appropriations, to change the procedure for making payments for expenditures incurred to inspect and permit projects, to provide an increased grant award to those districts with an exemplary record of preventive maintenance, and to change the membership of the Public School Capital Outlay Oversight Task Force (PSCOOTF); amends the Public School Capital Improvements Act to authorize the imposition of an additional mill; provides for a distribution to the Public School Facility Opportunity fund for a limited period; extends the expenditure period for the FY 07 appropriation of $2.5 million to develop and implement the Facilities Information Management System; and enacts a provision to require a transfer of a certain amount of receipts from Indian gaming compact revenues from the General Fund to the Public School Facility Opportunity Fund.

· SB 202 MANDATORY HIGH SCHOOL ATHLETE STEROID TESTING, Sen. Carraro – enacts a new section of the Public School Code to require all local school boards, By August 1, 2008, to implement rules and procedures and begin conducting random drug testing for anabolic steroid use among varsity high school athletes; and appropriates $1.0 million from the General Fund to PED for FY 09 and FY 10 to fund the drug testing.

· SJR 4 SCHOOL ELECTIONS WITH OTHER ELECTIONS, CA, Sen. Sanchez, M – proposes to amend article 7, Section 1 of the state constitution to allow school elections to be held at the same time as other elections.
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New Mexico School Boards Association
Legislative Update – Friday, January 25, 2008

House Education Committee
The House Education Committee met today and took action on House Bill 229 and began discussion on House Bill 241, the Funding Formula Bill.

· HB 229 END YIELD CONTROL ON SCHOOL MILL LEVY, Rep. Moore — amends statute to remove the school district one-half-mill levy for operating purposes from yield control limitations on property tax rates.

NMSBA stood in support of this legislation as it removes the limit on the school mill levy which keeps schools from maximizing revenue from this source. It has also been identified as one of several sources of funding for the new funding formula. The bill passed the Committee on a close 5 to 4 vote.

· HB 241 PUBLIC SCHOOL FUNDING FORMULA CHANGES, Rep. Stewart — amends existing sections of and adds new sections to the Public School Code to provide a new funding formula for public schools that incorporates four measures of student need – poverty, English language learners, special education, and mobility; that recognizes costs associated with school district size and school size; and that is based on the concept of educational
sufficiency in that it enables schools and districts to provide a comprehensive instructional program designed to meet the needs of all students. (For the Funding Formula Study Task Force and the LESC)

Bill Sponsor Representative Mimi Stewart presented the major provisions of this bill to the committee. As reported earlier the bill is extremely complex and the Committee ran out of time for discussion or questions before they were required to go to the House Floor Session. Chairman Miera allowed several groups that will not be able to attend Monday’s continuation hearing to speak in support or opposition to the bill. While several concerns were expressed most groups urged support of the bill.

NMSBA and others will be allowed to comment on Monday prior to discussion and action by the Committee. I have attached a copy of our comments for your information. Consistent with our Legislative Program, NMSBA will be supporting the bill. I should mention however that we do have concerns about the adequacy of funding and a couple of other items.

For those of you interested in attending and supporting the Funding Formula Bill, you may want to plan on attending the hearing at the House Appropriations Committee that will be held sometime late next week. Support at that hearing is critical if the bill is to move forward. We will let you know when the hearing is scheduled.

Senate Rules Committee
The Senate Education Committee met today and to discuss various bills. Of particular concern to NMSBA was:

· SJR 4 SCHOOL ELECTIONS WITH OTHER ELECTIONS, CA, Sen. Sanchez, M — proposes to amend Article 7, Section 1 of the state constitution to allow school elections to be held at the same time as other elections.

In anticipation of the hearing, NMSBA met with drafters of this bill; namely, staff from the Secretary of State’s office to voice our opposition. Through our discussion we were successful in getting them to prepare an amendment to the SJR 4 which would in effect keep all school elections at different times from “partisan” elections. This amendment would allow for combining non-partisan community college elections with non-partisan school board elections but would separate them from the partisan elections. The amendment and the resolution were both presented in Senate Rules and both passed unanimously.

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New Mexico School Boards Association
Legislative Update – Monday January 28, 2008

House Education Committee
· HB 241 PUBLIC SCHOOL FUNDING FORMULA CHANGES, Rep. Stewart — amends existing sections of and adds new sections to the Public School Code to provide a new funding formula for public schools that incorporates four measures of student need – poverty, English language learners, special education, and mobility; that recognizes costs associated with school district size and school size; and that is based on the concept of educational sufficiency in that it enables schools and districts to provide a comprehensive instructional program designed to meet the needs of all students. (For the Funding Formula Study Task Force and the LESC)

The Committee continued hearing the Funding Formula bill. An amendment, presented by Rep. Stewart, which included 23 “technical adjustments” to the bill, was unanimously approved. The Committee opened the floor for public comment and various organizations provided statements, mostly in support of the legislation. Consistent with our Legislative Program, NMSBA supported the bill with a few concerns. The Albuquerque Chamber of Commerce was the only organization that opposed the legislation. Some concerns raised by those who spoke include:

· 16% cap on special education students in public schools.
· Charter Schools do not have a 16% cap on their special education students.
· Lack of balance in the composition of the Implementation Committee responsible for working on the details during the 1 year planning period.
· Transportation costs for the additional school days (approximately $480,000 per day)
· Secretary Veronica Garcia alerted the committee that the format of the EPSS may have to change to be more of a budget document.
· Mention by several legislators and individuals that more accountability would be needed of local districts if the new formula is enacted.
· Representative Miera indicated he wants to ensure that school districts have the opportunity during the planning phase to use the funding formula calculator and walk through the numbers to determine exactly how each district is affected by the new formula.

The Committee passed the amended bill by a 10 to 2 vote with only Albuquerque Representative, Teresa Zanetti and Roswell Representative, Nora Espinoza, voting in the negative.

Senate Education Committee
The Senate Education Committee met today and dealt primarily with higher education issues.

Update on Last Years SB 281 - Charter School Hiring Authority
You will recall the 2007 Legislature enacted SB 281 sponsored by Senator Mary Kay Pappen only to have a technical error in the enrolling and engrossing of the bill leave out the major provision of the bill - removing charter school boards from hiring anyone but the superintendent/headmaster. Because this was a legislative staff error, new legislation has been introduced and is on fast track to correct the error. Senator Bernadette Sanchez of Albuquerque is sponsoring SB 287 which addresses this and another bill that faced the same problem. We will report the status of the bill as it moves through the legislature.
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New Mexico School Boards Association
Legislative Update – Thursday, January 31, 2008

House Education Committee
The House Education Committee met yesterday to discuss various bills. Some of the bills which I feel need to be followed are:

· HB249 Community College and School District Elections – This bill amends the existing statutes related to community college board elections. It allows the colleges to hold their elections at the same time as public schools (the first Tuesday in February) if both the local board and the community college board agree. This would be optional so that the cost of the elections could be shared and maybe create a larger voter turnout. It is not a mandate. It also provides that the election would remain non-partisan. Of course, this would only affect a few districts where there are community colleges. (I spoke in favor of this bill provided that it remains optional and non-partisan.) This was given a DO PASS by the committee. This is also related to SJM 4.

· HB269 Provides an income tax credit for certain public school teachers for expenditures for education classroom supplies - It doesn’t necessarily affect our budgets, but would be nice for our teachers. This was given a DO PASS by the committee.

Senate Education Committee
The Senate Education Committee met yesterday to discuss various bills. NMSBA spoke in support of the following bills which passed unanimously:

· SB 267 Increases the minimum state contribution towards group insurance for districts to a flat 80% for all employees regardless of salary - As the committee said, this could cost upwards of an additional $12 million. (I spoke in favor of this provided the funding is appropriated and another unfunded mandate is not created.) This was given a DO PASS by the committee.

· SB 314 To study innovations of Charter Schools and carries an appropriation of $75,000 - This is currently being done by the PED. ( I didn’t voice an opinion because I have mixed feelings, not so much on the study but the cost.) This was given a DO PASS by the committee with Senator Asbill and Senator Lovejoy voting no because of the appropriation involved.

Other Committees

· SJR 4 School board elections to be held as non-partisan elections. Originally this bill was drafted to place school board elections with “other” elections. However, Joe and Lilliemae worked with the Secretary of State’s office to amend the bill to reflect “non-partisan” and separate from other “partisan” elections. (I spoke in favor of this resolution provided it remains as amended.) This was given a DO PASS by the committee.

Special Comments

Bills which we will continue to monitor:

· HB 398 Special Education Catastrophic Aid Fund
· HB 452 Random Steroid Testing for Varsity Athletes
· HB 418 Appropriation for Teacher Professional Development
· HB 28 Sporting Event Referee Gross Receipts
· SB 146 Public School Facility Opportunity Fund

And, lastly, in case you haven’t heard, Randy Manning fell Monday morning and broke his left leg. Guess what – he went on to Washington for the Federal Relations Network with our other officers and director to lobby for revisions to NCLB and full funding for IDEA. Only a school board member would be so dedicated!!! We wish him a speedy recovery as he’s facing surgery on his return to New Mexico.

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New Mexico School Boards Association
Legislative Update – Saturday, February 2, 2008

House Education Committee

The House Education Committee met yesterday to discuss various bills. Some which you may find interesting:

· HB 335 Allow Student Appointments to Precinct Boards – This would allow students (ages 16 and 17) to serve on a Precinct Board. There were concerns that as underage minors they could not take a legal oath. The suggestion was made to change the wording from POLL BOARD to POLL WORKER. It was then referred to staff members for a rewrite and was TEMPORARILY TABLED.

· HB 452 Steroid Testing of Varsity Athletes – Some of the concerns by the committee were:
ü Can or must drug test results be turned over to law enforcement
ü Can test results be transferred to another school or district if the student changes schools
ü $150 to $400 per test and approximately 14,000 students eligible for random drug testing
ü Can test results be transferred to a college that the student enters
ü Privacy concerns under FERPA
ü Do the testing requirements apply to charter schools

The NMAA may be bringing forth a more comprehensive bill in 2009. It was then requested and approved that this be studied during the interim by the LESC.

· HB 347 Gifted Education Teacher Requirements – After discussion, Rep. Zanetti requested that the bill be a “Rollover” to be a part of an LESC interim study.

Senate Education Committee

The Senate Education Committee met yesterday to discuss various bills.
· SB 322 - Support for some NMAA expenses. DO PASS

· SB 477 - Las Cruces Truancy Reduction Program. DO PASS

· SJM 3 - School Principal Recruitment and Mentoring Study. DO PASS

Other Committees

I attended the House Appropriations and Finance Committee which heard HB147 Health Care Authority Act (Picraux) and CS/HB 62 Health Solutions New Mexico Act.

· HB147 Creates an infrastructure leading to legislation in 2009. This legislation creates the Authority, but doesn’t create a plan. The idea is to allow a year to study all arenas before making any decisions. Once again the Greater Albuquerque Chamber of Commerce opposed the bill, but stated they support the Health Solutions Bill.
· HB 62 Came forth as a recommendation from Health Care New Mexico. It also creates a Health Care Authority, but the plan consolidates 8 different health care groups:
Sections 35 through 41 provides for temporary provisions requiring the transfer of personnel,
property, contracts and references in law of additional entities to the new authority, including:
• the GSD’s Group Benefits Committee on July 1, 2009
• the Retiree Health Care Authority (RHCA) on July1, 2009
• the Public School Insurance Authority’s group health insurance program on July 1,
2010
• certain School District’s public funded health care systems with a student enrollment
in excess of 60 thousand students on July 1, 2010
• the New Mexico Medical Insurance Pool on July 1, 2010
• the New Mexico Health Insurance Alliance on July 1, 2009, and
• any insurance programs of HSD related to the state-sponsored premium assistance
programs and the NM state coverage insurance program on July 1, 2009

There was substantial opposition to this bill from those in attendance. This received a DO PASS from the committee. I’m not sure that I know what this means in regard to HB183 (Varela) and SB67 (Smith).
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New Mexico School Boards Association
Legislative Update –Monday, February 4, 2008

House Education Committee

The House Education Committee met this morning and heard the following resolution:

· HJR 8 – Calling for an amendment to the NM Constitution to increase the distribution from the Land Grant Permanent Funds to benefit the Public Schools. (Stewart) Of course, this would go to the voters in November. This fund presently has $10.66 billion (YES, BILLION); therefore, the question is: How large should the permanent fund grow? Some of the comments by those in support were:

Rep. Swisstack, “If we pay now to increase the funds to public schools then a well educated populace will return the dollars to the state in production and taxes.”
Rep. Miera, “Do we invest in a bank or do we invest in education?”
Rep. Mary Helen Garcia, “. . . a rainy day has come and we need to provide sufficiently for public education.”

The vote on this resolution was: Espinoza-NO; Garcia, T.-NO; Hall-NO; Hamilton-NO; “Dub” Williams-NO; Barreras-NO; King-NO.

In favor of the resolution: Miera, Swisstack, Stapleton, and MH Garcia.
Results 4 YES 7 NO

This afternoon Chairman Miera reconvened the committee and the Legislative Council and others met with them to further explain the resolution. This time Espinoza and Stapleton were not in attendance, Rep. Hall changed his vote to YES, Rep. “Dub” Williams changed his vote to YES, and Barreras changed his vote to YES. Rep. T. Garcia, Rep. Hamilton, and Rep. King continued to vote NO. Representatives Miera, Swisstack, and MH Garcia voted YES
Results 6 YES. 3 NO

If any of the representatives that supported this are from your district, please let him/her know how appreciated they are.

TOMORROW MORNING HB 241 WILL BE HEARD ON THE FLOOR OF THE HOUSE. It was to have been heard today, but Rep. Stewart asked that it be “rolled over” until tomorrow because so many representatives were not in attendance at that time.

Other Committees

I sat in on Senate Finance and heard more on the on the following:

· HB 2/ as amended on 2/6/08 – received a DO PASS
· SB 225 (Feldman) – Health Care Authority was being heard when I left.
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New Mexico School Boards Association
Legislative Update – Thursday, February 7, 2008

House Floor Action

House Bill 241 – The new funding formula bill was heard on the House floor today and passed by a wide margin of 52-16!

State Representative Mimi Stewart did an excellent job of presenting the bill and fielding questions and comments from the floor. The following Representatives stood in support of the bill and urged its passage: Rep. Al Park (Bernalillo), Mary Helen Garcia (Dona Ana); Rep. Don Tripp (Socorro), Rep. Ray Begaye (San Juan); Rep. Bobby Gonzales (Taos); Rep. Gail Chasey ( Bernalillo); Rep. Jim Trujillo (Santa Fe); Education Chair Rep. Rick Miera (Bernalillo); Rep. Patty Lundstrom (Mckinley-San Juan); and, Rep. Tom Taylor (San Juan).

Those that voiced opposition to the bill included: Rep Jeanette Wallace (Los Alamos); Rep. Teresa Zanetti (Bernalillo); Rep. Nora Ezpinoza (Chavez): Rep. John Heaton (Eddy); Rep. Keith Gardner (Chavez & Others).

Congratulations to all of you that spoke to your Representatives about the bill! It now goes to the Senate for their consideration
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New Mexico School Boards Association
Legislative Update – Friday, February 8, 2008

House Education Committee

The Committee heard and PASSED the following bills of interest this morning:

· SJR 4/a School Elections with Other Elections, Sanchez, M. – Proposes to amend Article 7, Section 1 of the state constitution to allow school elections to be held at the same time as other elections. NSBA again stood in support of this bill.

· SB 34/a New Mexico School for the Arts Act, Nava – Enacts the New Mexico School for the Arts act to authorize the creation of a state-chartered, statewide residential high school for the arts to provide intensive pre-professional and professional training for students with demonstrated artistic abilities and potential; and appropriates $450,000 for the General Fund to PED for FY 09.

· SB 257 Technical Corrections to 2007 Laws, Sanchez, B. – Makes technical corrections to the enrolled and engrossed copies of certain laws of 2007. The bill was passed by the 2007 Legislature but was enrolled and engrossed incorrectly. Aligns 22-8B-10 of the Charter Schools Act with 22-5-6 pertaining to hiring authority and the relationship between local school boards and the district superintendent. Also amends language relative to avoiding nepotism in hiring. NMSBA stood in support of this bill.

· SJM 12 Study School Transportation Funding, Nava – Examines the funding of school transportation contracts to ensure that the employees of private school bus contractors have full access to the wages and benefits available to the contractor; and requests that PED report findings and recommendations to the LESC by October 1, 2008.

· SJM 3 School Principal Recruitment and Mentoring, Kernan – Develop a plan to enhance the recruitment, preparation, mentoring, evaluation, professional development and support for school principals and other school leaders; ad report their finding and recommendations to the LESC by November 1, 2008. NMSBA stood in support of this bill.

Senate Education Committee

· House Bill 241 – Public School Funding Formula Changes sponsored by Rep. Mimi Stewart PASSED the Committee with only one dissenting vote from Senator Mark Boitano (Bernalillo). The bill now goes to Senate Finance Committee for consideration sometime this weekend. The Education Partners Group including NMSBA all strongly supported the bill and Rep. Stewart’s work in sponsoring the bill.

Others

Several revenue bills that would provide financing for the new funding formula will be heard in next few days. We will be speaking with legislators to gain support for the following bills, which if passed, will require voter approval:

· HJR 8 LAND GRANT FUND EDUCATION DISTRIBUTION, CA, Rep. Stewart — proposes to amend Article 12, Section 7 of the state constitution to increase the distributions from the Land Grant Permanent Funds to supplement the state’s efforts to provide a sufficient education pursuant to Article 12, Section 1 of the constitution. (For the Funding Formula Study Task Force)

· HJR 10 STATEWIDE MILLAGE RATE FOR SCHOOL FUNDS, CA, Rep. Varela — proposes to amend Article 8, Section 2 of the state constitution to authorize an additional statewide millage rate to be dedicated to public school funding.
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New Mexico School Boards Association
Legislative Update – Monday, February 11, 2008

House Education Committee

The Committee heard and PASSED the following bills of interest this morning:

· SB 31 Expand Schools in Dual Credit Program, Nava – Amends statute relating to the student eligibility criteria in the dual credit program: (1) to include students at the state-supported schools, except for NMMI; and (2) to allow students to take classes for dual credit during the summer term. NMSBA stood in support of this bill.

· SJM 9 Monitor Response to Intervention Program, Nava - Requests that PED monitor school districts’ implementation of the response to intervention (RTI) approach to identifying special education students, evaluate the effect of the approach on students’ academic progress and identification rates in school districts, monitor the assessment instruments used by school districts, provide periodic updates to the LESC, and report findings and recommendations, if any, to the LESC before the next regular legislative session.

· SJM 43 Study Education Accountability Targets, Nava - Requests that the LESC, in collaboration with PED, the Legislative Council Service (LCS), public school superintendents, directors of special education, directors of bilingual education, and other appropriate educators, form a study group during the 2008 interim to discuss the possible use of certain supplements or alternatives to New Mexico accountability targets; and that the study group report its findings to the appropriate interim committee of the Legislature by December 1, 2008.

· SB 145/a Educational Due Process Reimbursements Cap, Nava - amends the Public School Insurance Authority Act to change the cap on a single due process reimbursement to member school districts and charter schools to $100,000.

· SB 460 College & Workplace Readiness Assessments, Nava - amends the Public School Code to change the statewide college and workplace readiness assessments and to allow the 11th grade standards-based assessment to serve as the graduation assessment. NMSBA stood in support of this bill.

Other Developments
As the legislative session begins to wind down, we are becoming concerned about the future of House Bill 241 – Revised Funding Formula Bill, which is currently in the Senate Finance Committee. It appears there is concern with the financial impact of the new funding formula in this, an election year, for all legislators. We are conferring with the Education Partners Group to come up with a strategy to move the bill out of the Senate and up to the Governor for approval. We will keep you advised of any developments.
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New Mexico School Boards Association
Legislative Update – Tuesday, February 12, 2008

The big news today is Governor Richardson signed House Bill 2 – the General Appropriations Act of 2008!

We are still reviewing the 270 + page document for line item vetoes but the bill makes appropriations and authorizes expenditures by state agencies for FY 09, including: approximately $2.4 billion from the General Fund for Public School Support and related recurring appropriations; Among its other provisions, the bill provides funding for an additional instructional day; for, effective July 1, 2008, a mandatory average 2.0 percent salary increase for all school personnel, including school transportation employees; provides an additional 1.0 percent average salary increase for certain school personnel (including educational assistants; secretarial, clerical, and technical assistants; business office support staff; and maintenance, custodial, warehouse, delivery, food service, and school transportation employees); funding for a .75 percent increase and .2 percent increase in the employer contribution to the Educational Retirement Fund and to the Retiree Health Care fund, respectively; and includes special appropriations to PED.

House Voters & Elections Committee
· SJR 4 SCHOOL ELECTIONS WITH OTHER ELECTIONS, CA, Sen. Sanchez, M — proposes to amend Article 7, Section 1 of the state constitution to allow school elections to be held at the same time as other non partisan elections.

The Committee tied on a vote to approve the legislation so it was tabled. This was the last committee hearing on the bill before going to the House floor for approval as it has already been approved by the Senate. But don’t worry, if this bill does not make it School Board Elections will not be affected.

· HJR 8 LAND GRANT FUND EDUCATION DISTRIBUTION, CA, Rep. Stewart — proposes to amend Article 12, Section 7 of the state constitution to increase the distributions from the Land Grant Permanent Funds to supplement the state’s efforts to provide a sufficient education pursuant to Article 12, Section 1 of the constitution. (For the Funding Formula Study Task Force)

The Committee approved this bill and sent it on to House floor for a final vote. Even if it passes on the floor it will be difficult to get it through the Senate with the remaining time in the Session.

Updated 3/14/08

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