SB 17 — FAMILY INCOME INDEX ACT
Last action — Signed
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 18, 2021. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
246 added · 593 removedPlain-language change summary
The updated version of SB 17 introduces the "Family Income Index Act," which requires the creation of a family income index to distribute funding to school districts. This change is significant because it aims to allocate resources based on family income levels, ensuring that schools with higher numbers of low-income students receive appropriate funding. Additionally, the new version specifies allowable uses for these funds and emphasizes the need for agreements to share information while maintaining certain confidentiality protections. This focus on equitable funding is intended to support public education in underserved communities.
SENATEAN BILLACT 17RELATING 55THTO LEGISLATUREPUBLIC -EDUCATION; STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Mimi Stewart This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
TheENACTING documentTHE isFAMILY aINCOME toolINDEX toACT; show amendments in context and cannot be used for the purpose of adding amendments to legislation.
hREQUIRING ANTHE ACTCALCULATION gOF oA RELATINGFAMILY INCOME INDEX AND PROVIDING FOR FUNDING DISTRIBUTIONS TO PUBLICSCHOOL EDUCATION;DISTRICTS THROUGH THAT INDEX;
ENACTINGREQUIRING THEALLOCATIONS FAMILYTO INCOMEELIGIBLE INDEXPUBLIC tSCHOOLS; hr g e i k ACT;
REQUIRINGPROVIDING CALCULATIONALLOWABLE OFUSES A FAMILY INCOME INDEX AND h r i s PROVIDING FOR FUNDING DISTRIBUTIONS TOAND SCHOOLALLOCATIONS; DISTRICTS THROUGH h , t, THAT INDEX;
ESTABLISHINGREQUIRING USESINFORMATION-SHARING FORAGREEMENTS. THOSE DISTRIBUTIONS;
e9 uBE gIT eENACTED bBY lTHE eLEGISLATURE eOF hTHE REQUIRINGSTATE INFORMATION-SHARINGOF AGREEMENTS;NEW MEXICO:
PROVIDINGSECTION n1. d d i = = o h CONFIDENTIALITY EXCEPTIONS.
l ] b ,d i a º e r i = r t e w d m a n o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
d m :
b e d s º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e e a n e d r e l u [ A d SECTION 1.
"[NEW"SHORT MATERIAL]TITLE.--This SHORT TITLE.--Sections 1 through 6 of this act may be cited as the "Family Income Index Act"." SECTION 2.
"[NEW"DEFINITIONS.--As MATERIAL] DEFINITIONS.--As used in the Family Income Index Act:
"moderate income" means a household income of atSFC/SB h17 gPage 1 at least one hundred eighty-five percent but less than two hundred o t hr twenty-five percent of the federal poverty level;
g e i k E.
"school district" includes a state-chartered h r i s h charter school;
and , t, e u g F.
"very low income" means a household income e b l e e h greater than seventy-five percent but less than one hundred n d d i = = o h thirty percent of the federal poverty level." l ] b ,d i a º e r i = r SECTION 3.
A new section of the Public School Code is t e w d m a n o enacted to read:
d"FAMILY mINCOME :INDEX--INCOME CATEGORIES--CALCULATION-- INFORMATION-SHARING AGREEMENTS.-- A.
bThe edepartment dshall scalculate º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 2 - e a nfamily eincome dindex rfor eeach lpublic uschool, [using Athe dfollowing "[NEWinformation: MATERIAL] FAMILY INCOME INDEX--CALCULATION-- INFORMATION-SHARING AGREEMENTS.-- A.
The(1) the department shall calculateobtain a family income indexinformation forsufficient to identify the total number of households in each public school.school in each of the income categories in Subsection C of this section, based on tax return data of families of students enrolled in that public school and for whose households the taxation and revenue department is able to locate tax return information;
(2) for students whose families the taxation and revenue department is unable to identify tax return data for pursuant to Paragraph (1) of this subsection, family income information sufficient to identify the total number of SFC/SB 17 Page 2 households in each public school in each of the income categories in Subsection C of this section, based on income information provided to the human services department by families applying for benefits;
and (3) for a student whose family income is not available to the taxation and revenue department or the human services department, the department shall use income statistics from the most current census information for the reported address of the student to determine to which income category in Subsection C of this section the student is assigned.
The taxation and revenue department and the human services department shall obtainenter theinto followinginformation-sharing informationagreements towith the extentdepartment necessaryto forprovide the purposesinformation ofrequested calculatingby the householddepartment incomepursuant ofto eachSubsection publicA schoolof student:this section.
(1)C. from the taxation and revenue department, return information that includes the reported adjusted gross incomes, modified gross incomes, personal identifying information, household sizes and names of claimed dependents of taxpayers;
andPursuant (2)to fromSubsection D of this section, the humandepartment servicesshall department,calculate incomethe informationpercentage andof personalstudent identifyinghouseholds informationfor maintainedeach bypublic school in each of the following income supportcategories divisionusing andinformation theobtained medicalas assistanceprovided divisionin ofSubsection theA humanof servicesthis department.section:
h C.
The taxation and revenue department and the u » r human services department shall enter into information-sharing t h g e l i agreements with the department to provide the information h r i s requested by the department pursuant to Subsection B of this h , e h section.
t u g e b l e e , gh D.
Pursuant to Subsection E of this section, the n d d i = = o h department shall calculate the percentage of student households l ] b ,d i a º r for each public school in each of the following income e r = t e w d m a n o categories using information obtained pursuant to Subsection B d m :
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 3 - e a n e d r e l u [ A d of this section and census SECºtract»SEC information:
and SFC/SB 17 Page 3 (5) above average income.
E.D.
(1) for fiscal year 2022, the SECºsum percentage»SEC SECºsum of the percentages»SECpercentages of the public school's students in the extremely low and very low income categories during the preceding fiscal year;
(2) for fiscal year 2023, the average of the h SECº sum of the»SECthe percentages of the public school's students g o t hr in the extremely low and very low income categories during the g e i k immediately preceding two fiscal years;
and h r i s (3) for fiscal year 2024 and each subsequent h , t, e u g fiscal year, the average of the SECº sum of the»SECthe percentages e b l e e h of the public school's students in the extremely low and very n d d i = = o h low income categories during the immediately preceding three l ] b ,d i a º e fiscal years.
rE. i = r t e w d m a n o F.
The department shall rank all public schools in dthe mstate :from lowest family income index to highest family income index by October 31 of each year.
bF. e d s º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 4 - e a n e d r e l u [ A d the state from lowest family income index to highest family income index by October 31 of each year.
Show all 136 changed lines (96 more)
G.The department shall provide the percentage of students at each public school in each income category to the legislative education study committee and the legislative SFC/SB 17 Page 4 finance committee by November 15 of each year." SECTION 4.
The department shall provide the percentage of students at each public school in each income category to the legislative education study committee and the legislative finance committee by November 15 of each year." SECTION 4.
"[NEW"THRESHOLD MATERIAL ] THRESHOLD FOR FUNDING DISTRIBUTION--DISTRIBUTION--DISTRIBUTION DISTRIBUTION OF FAMILY INCOME INDEX FUNDS.--FUNDS--ALLOCATIONS TO ELIGIBLE PUBLIC SCHOOLS.-- A.
EachExcept as provided in Subsection E of this section, each year, to determine the number of public schools that are eligible for family income index fundingallocations through distributions to their respective school districts, the department shall:
(1) identify the school districts that have public schools within the fifty percent of the public schools h on the department's ranked list pursuant to Subsection FE of u » r Section 3 of the Family Income Index Act with the highest t h g e l i family income indices;
and h r i s (2) multiply the total number of public h , e h schools within each of the school districts that are identified t u g e b l e e , gh in Paragraph (1) of this subsection by one-tenth, and if the nproduct dis: d i = = o h product:
l ] b ,d i a º r (a) is less than one, the product shall e r = t e w d m a n o be rounded to one;
and d(b) mmore :than one, the product shall be rounded to the nearest whole number.
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 5 - e a n e d r e l u [ A d (b) is more than one, the product shall be rounded to the nearest whole number.
The number of eligible public schools within a school district identified in Paragraph (1) of Subsection A SFC/SB 17 Page 5 of this section for which funding may be allocated pursuant to this section is equal to the rounded product determined pursuant to Paragraph (2) of Subsection A of this section.
Each year, the public schools that are eligible for fundingan pursuantallocation to this section are those public schools within each school district that have the highest family income indices;indices.
provided that the funding shall be provided through distributions to their respective school districts.
FundingAn allocation for an eligible public school identified pursuant to this section is limited to the greater of that public school's proportional share as determined pursuant to Subsection D of this section or twenty thousand dollars h ($20,000).
u » r D.
To determine the proportional share of funding t h g e l i that the department shalldistributes distribute to a school district for h r i s each public school that is eligible forpublic fundingschool, pursuant to h , e h this section, the number of eligible students in each eligible public t u g e b l e e , gh school that is eligible for funding pursuant to this section n d d i = = o h shall be divided by the total number of eligible students at l ] b ,d i a º r all public schools that are eligible forpublic fundingschools. pursuant to e r = t e w d m a n o this section.
Each eligible public school's proportional share dshall mbe :multiplied by the total amount appropriated for distribution pursuant to the Family Income Index Act.
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 6 - e a n e d r e l u [ A d shall be multiplied by the total amount appropriated for distribution pursuant to the Family Income Index Act.
NotwithstandingThe Subsection A of this section, the legislature may establish a different percentage of public schools to be considered pursuant to Paragraphs (1) and (2) of Subsection A of this section.
FundingA forfamily aincome publicindex distribution to a school pursuantdistrict for allocation to thean familyeligible incomepublic indexschool shall be used exclusively at that public school for the interventions specified in Section 5 of the Family Income Index Act.
SFC/SB 17 Page 6 G.
"[NEW"USES MATERIAL ] USES OF FAMILY INCOME INDEX hALLOCATIONS.-- DISTRIBUTIONS.-- g o t hr A.
AExcept publicas schoolprovided shallin useSubsection fundsB distributedof gthis esection, ia kpublic throughschool theshall Familyuse Incomeits Indexfamily Actincome index allocation as follows:
h r i s (1) at least one-third for evidence-based, h , t, structured literacy interventions that have been shown to e u g e b l e e h improve reading and writing achievement of students;
n d d i = = o h (2) at least one-third for evidence-based l ] b ,d i a º e mathematics instruction and interventions, including reducational iprogramming =intended rto timprove ecareer wand dcollege mreadiness aof nat-risk ostudents, educationaldual programmingor intendedconcurrent toenrollment, improveand career and collegetechnical deducation; m :
b e d s º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 7 - e a n e d r e l u [ A d readiness of at-risk students, dual or concurrent enrollment, and career and technical education;
(a) case management, tutoring and after-after-school school and summer enrichment programs that are delivered by social workers, counselors, teachers or other professional staff;
(b) culturally relevant professional and curriculum development, including those necessary to SFC/SB 17 Page 7 support language acquisition and bilingual and multicultural education;
(d) instructional resources and h materials;
or g o t hr (e) services to engage and support g e i k parents and families in the education of students.students;
hand r(f) iservices sto B.engage and support tribal communities in the education of Native American students.
A school district shall use distributions h , t, received for allowable uses provided in Subsection A of this e u g e b l e e h section to expand or improve services provided as part of a n d d i = = o h public school's existing academic program, but not to replace l ] b ,d i a º e existing services." r i = r t e w d m a n o SECTION 6.
A new section of the Public School Code is d m :
b e d s º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 8 - e a n e d r e l u [ A d enacted to read:
"[NEW MATERIAL ] PUBLIC SCHOOL ELIGIBILITY--REPORTING.-- A.
A school district is eligible for funding pursuant to the Family Income Index Act if the school district establishes, within its department-approved educational plan, interventions identified in Section 5 of the Family Income Index Act for each of its public schools that are eligible for a distribution pursuant to the Family Income Index Act.
A school district that receives a distribution pursuant to the Family Income Index Act shall provide a report to the department by August 1 after each fiscal year in which it receives a distribution that includes a description of the services the school district has provided for each public school that received a distribution to improve the academic success of students.
The report shall include a detailed description of how each public school has used the additional h funding and the way in which the funding impacted student u » r academic outcomes.
t h g e l i B.
The department shall evaluate how each public h r i s school used its distribution and the way in which each h , e h distribution impacted student academic outcomes and report its t u g e b l e e , gh findings and recommendations to the legislative finance n d d i = = o h committee and the legislative education study committee by l ] b ,d i a º r October 15 of each year beginning in fiscal year 2022." e r = t e w d m a n o SECTION 7.
Section 7-1-8.8 NMSA 1978 (being Laws 2019, d m :
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 9 - e a n e d r e l u [ A d Chapter 87, Section 2, as amended) is amended to read:
"7-1-8.8.
INFORMATION THAT MAY BE REVEALED TO OTHER STATE AGENCIES.--An employee of the department may reveal to:
A.
a committee of the legislature for a valid legislative purpose, return information concerning any tax or fee imposed pursuant to the Cigarette Tax Act;
theA attorneypublic general,school returnthat informationreceives acquiredan pursuantallocation tothat theis Cigaretteless Taxthan Actforty forthousand purposesdollars of($40,000) Sectionmay 6-4-13use NMSAany 1978portion andof thethat masterallocation settlementon agreementany definedof the uses specified in SectionSubsection 6-4-12A NMSAof 1978;this section.
theA commissionerschool ofdistrict publicshall lands,use returndistributions informationreceived for useallowable uses specified in auditingSubsection thatA pertainsof this section to rentals,expand royalties,or feesimprove andservices otherprovided paymentsas duepart theof statea underpublic landschool's sale,existing landacademic leaseprogram, orbut othernot landto usereplace contracts;existing services." SECTION 6.
D.A new section of the Public School Code is enacted to read:
the"EDUCATIONAL secretaryPLAN ofTO humanINCLUDE servicesALLOWABLE orUSES theFOR secretary'sEACH delegateSFC/SB under17 aPage written8 agreementPUBLIC withSCHOOL--DISTRIBUTIONS--REPORTING.-- theA. h department, the last known address with date of all names u » r certified to the department as being absent parents of children t h g e l i receiving public financial assistance, but only for the purpose h r i s of enforcing the support liability of the absent parents by the h , e h child support enforcement division or any successor t u g e b l e e , gh organizational unit;
nA dschool ddistrict ishall =establish, =within oits hdepartment-approved E.educational plan, the interventions identified in Section 5 of the Family Income Index Act that will be used in each of its eligible public schools.
theEach departmentschool ofdistrict informationthat technology,receives a distribution shall provide a report to the department by lAugust ]1 bafter ,dthe ifiscal ayear ºin rwhich electronicit media,receives a databasedistribution updatedthat quarterlyincludes thata containsdescription eof rthe =services tthe eschool wdistrict dhas mprovided afor neach opublic theschool names,that addresses,received countyan ofallocation addressto andimprove taxpayerthe dacademic msuccess :of students.
bThe rreport eshall tinclude º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 10 - e a ndetailed edescription d r e l u [ A d identification numbers of Newhow Mexicoeach personalpublic incomeschool taxhas filers,used butits onlyallocation forand the purposeway ofin producingwhich the randomadditional juryfunding listhas forimpacted thestudent selectionacademic ofoutcomes. petit or grand jurors for the state courts pursuant to Section 38-5-3 NMSA 1978;
F.B.
The department shall evaluate how each public school used its allocation and the stateway courts,in which each allocation impacted student academic outcomes and report its findings and recommendations to the randomlegislative juryfinance listscommittee producedand the legislative education study committee by theOctober department15 of informationeach technologyyear underbeginning Subsectionin Efiscal ofyear this2022." section;SECTION 7.
G.
the director of the New Mexico department of agriculture or the director's authorized representative, upon request of the director or representative, the names and addresses of all gasoline or special fuel distributors, wholesalers and retailers;
H.
the public regulation commission, return information with respect to the Corporate Income and Franchise Tax Act required to enable the commission to carry out its duties;
h I.
the state racing commission, return information u » r with respect to the state, municipal and county gross receipts t h g e l i taxes paid by racetracks;
h r i s J.
the gaming control board, tax returns of license h , e h applicants and their affiliates as provided in Subsection E of t u g e b l e e , gh Section 60-2E-14 NMSA 1978;
n d d i = = o h K.
the director of the workers' compensation l ] b ,d i a º r administration or to the director's representatives authorized e r = t e w d m a n o for this purpose, return information to facilitate the d m :
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 11 - e a n e d r e l u [ A d identification of taxpayers that are delinquent or noncompliant in payment of fees required by Section 52-1-9.1 or 52-5-19 NMSA 1978;
L.
the secretary of workforce solutions or the secretary's delegate, return information for use in enforcement of unemployment insurance collections pursuant to the terms of a written reciprocal agreement entered into by the department with the secretary of workforce solutions for exchange of information;
M.
the New Mexico finance authority, information with respect to the amount of municipal and county gross receipts taxes collected by municipalities and counties pursuant to any local option municipal or county gross receipts taxes imposed, and information with respect to the amount of governmental gross receipts taxes paid by every agency, institution, instrumentality or political subdivision of the h state pursuant to Section 7-9-4.3 NMSA 1978;
u » r N.
the secretary of human services or the t h g e l i secretary's delegate;
provided that a person who receives the h r i s confidential return information on behalf of the human services h , e h department shall not reveal the information and shall be t u g e b l e e , gh subject to the penalties in Section 7-1-76 NMSA 1978 if the n d d i = = o h person fails to maintain the confidentiality required:
l ] b ,d i a º r (1) that return information needed for reports e r = t e w d m a n o required to be made to the federal government concerning the d m :
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 12 - e a n e d r e l u [ A d use of federal funds for low-income working families;
(2) the names and addresses of low-income taxpayers for the limited purpose of outreach to those taxpayers;
provided that the human services department shall pay the department for expenses incurred by the department to derive the information requested by the human services department if the information requested is not readily available in reports for which the department's information systems are programmed;
and (3) return information required to administer the Health Care Quality Surcharge Act;
O.
the superintendent of insurance, return information with respect to the premium tax and the health insurance premium surtax;
P.
the secretary of finance and administration or the secretary's designee, return information concerning a h credit pursuant to the Film Production Tax Credit Act;
u » r Q.
the secretary of economic development or the t h g e l i secretary's designee, return information concerning a credit h r i s pursuant to the Film Production Tax Credit Act;
h , e h R.
the secretary of public safety or the t u g e b l e e , gh secretary's designee, return information concerning the Weight n d d i = = o h Distance Tax Act;
l ] b ,d i a º r S.
the secretary of transportation or the e r = t e w d m a n o secretary's designee, return information concerning the Weight d m :
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 13 - e a n e d r e l u [ A d Distance Tax Act;
T.
the secretary of energy, minerals and natural resources or the secretary's designee, return information concerning tax credits or deductions for which eligibility is certified or otherwise determined by the secretary or the secretary's designee;
[and ] U.
the secretary of environment or the secretary's designee, return information concerning tax credits for which eligibility is certified or otherwise determined by the secretary or the secretary's designee;
and V.
the secretary of public education or the secretary's designee, return information required to calculate the household income of each public school student pursuant to Section 3 of the Family Income Index Act." SECTION 8.
hSFC/SB -17 14Page -9 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e e a n e d r e l u [ A d
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View plain text versions (4)
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- Amended Amendments in Context pdf
- Substitute FC substitute pdf
- Introduced introduced version pdf
Action History
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Signed
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passed House
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DO PASS committee report adopted
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Sent to House Education Committee
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passed Senate
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DO NOT PASS, replaced with committee substitute
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DO PASS, as amended, committee report adopted
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Sent to Senate Education Committee & Senate Finance Committee
Sponsors
- Mimi Stewart · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 111 not signed on
Sponsors (1)
- Mimi Stewart Democrat
Co-sponsors (0)
None.
Not signed on (111)
111 members have not signed on to this bill.
Show all 111 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 17?
- SB 17 is sponsored by Mimi Stewart (Democrat).
- What is the current status of SB 17?
- This bill has been enacted into law. Introduced February 18, 2021. Enacted.
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