SB0147

SENATE BILL 147

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Jacob Candelaria

AN ACT

RELATING TO EDUCATION; CLARIFYING THE DEFINITIONS OF "EDUCATION TECHNOLOGY" AND "EDUCATION TECHNOLOGY EQUIPMENT".

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

SECTION 1. Section 6-15A-3 NMSA 1978 (being Laws 1997, Chapter 193, Section 3, as amended) is amended to read:

"6-15A-3. DEFINITIONS.--As used in the Education Technology Equipment Act:

A. "debt" means an obligation payable from ad valorem property tax revenues or the general fund of a school district and that may be secured by the full faith and credit of a school district and a pledge of its taxing powers;

B. "education technology equipment" means tools used in the educational process that constitute learning and administrative resources and may include:

[(1) closed-circuit television systems, educational television and radio broadcasting, cable television, satellite, copper and fiber-optic transmission, computer, network connection devices, digital communications equipment (voice, video and data), servers, switches, portable media such as discs and drives to contain data for electronic storage and playback, software licenses or other technologies and services, maintenance, equipment and computer infrastructure information, techniques and tools used to implement technology in schools and related facilities; and]

(1) closed-circuit television systems;

(2) educational television and radio broadcasting and cable television;

(3) satellite, copper wire and fiber-optic transmission;

(4) network connection devices and digital communications equipment, including voice, video and data equipment;

(5) computer hardware and software, including software licenses, data storage fees and other technologies and services;

(6) local and remote servers;

(7) other computer infrastructure;

(8) portable media such as discs and drives to contain data for electronic storage and playback;

(9) maintenance equipment;

(10) any other techniques and tools used to implement technology in schools and related facilities; and

[(2)] (11) improvements, alterations and modifications to, or expansions of, existing buildings or personal property necessary or advisable to house or otherwise accommodate any of the tools listed in [Paragraph (1) of] this subsection;

C. "lease-purchase arrangement" means a financing arrangement constituting debt of a school district pursuant to which periodic lease payments composed of principal and interest components are to be paid to the holder of the lease-purchase arrangement and pursuant to which the owner of the education technology equipment may retain title to or a security interest in the equipment and may agree to release the security interest or transfer title to the equipment to the school district for nominal consideration after payment of the final periodic lease payment. "Lease-purchase arrangement" also means any debt of the school district incurred for the purpose of acquiring education technology equipment pursuant to the Education Technology Equipment Act whether designated as a general obligation lease, note or other instrument evidencing a debt of the school district;

D. "local school board" means the governing body of a school district; and

E. "school district" means an area of land established as a political subdivision of the state for the administration of public schools and segregated geographically for taxation and bonding purposes."

SECTION 2. 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] education 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]

(1) equipment and tools used in the educational process that constitute learning and administrative resources to implement education technology in classrooms, library and media centers and other learning environments and may include:

(a) closed-circuit television systems;

(b) educational television and radio broadcasting and cable television;

(d) network connection devices and digital communications equipment, including voice, video and data equipment;

(e) computer hardware and software, including software licenses, data storage fees and other technologies and services;

(f) local and remote servers;

(g) other computer infrastructure;

(h) portable media such as discs and drives to contain data for electronic storage and playback;

(i) maintenance equipment; and

(j) any other techniques and tools used to implement technology in schools and related facilities; and

(2) improvements, alterations and modifications to, or expansions of, existing buildings or personal property necessary or advisable to house or otherwise accommodate any of the equipment and tools listed in Paragraph (1) of this subsection."

SECTION 3. Section 22-18-1 NMSA 1978 (being Laws 1967, Chapter 16, Section 228, as amended) is amended to read:

"22-18-1. GENERAL OBLIGATION BONDS--AUTHORITY TO ISSUE.--

A. After consideration of the priorities for the school district's capital needs as shown by the facility assessment database maintained by the public school facilities authority and subject to the provisions of Article 9, Section 11 of the constitution of New Mexico and Sections 6-15-1 and

6-15-2 NMSA 1978, a school district may issue general obligation bonds for the purpose of:

(1) erecting, remodeling, making additions to and furnishing school buildings;

(2) purchasing or improving school grounds;

(3) purchasing [computer software and hardware for student use in public schools] education technology;

(4) providing matching funds for capital outlay projects funded pursuant to the Public School Capital Outlay Act; or

(5) any combination of these purposes.

B. The bonds shall be fully negotiable and constitute negotiable instruments within the meaning and for all purposes of the Uniform Commercial Code.

C. As used in this section, "education technology" means:

(1) equipment and tools used in the educational process that constitute learning and administrative resources and may include:

(a) closed-circuit television systems;

(b) educational television and radio broadcasting and cable television;

(d) network connection devices and digital communications equipment, including voice, video and data equipment;

(e) computer hardware and software, including software licenses, data storage fees and other technologies and services;

(f) local and remote servers;

(g) other computer infrastructure;

(h) portable media such as discs and drives to contain data for electronic storage and playback;

(i) maintenance equipment; and

(j) any other techniques and tools used to implement technology in schools and related facilities; and

SECTION 4. Section 22-25-2 NMSA 1978 (being Laws 1975 (S.S.), Chapter 5, Section 2, as amended) is amended to read:

"22-25-2. DEFINITIONS.--As used in the Public School Capital Improvements Act:

A. "program unit" means the product of the program element multiplied by the applicable cost differential factor, as defined in Section 22-8-2 NMSA 1978; [and]

B. "capital improvements" means expenditures, including payments made with respect to lease-purchase arrangements as defined in the Education Technology Equipment Act or the Public School Lease Purchase Act but excluding any other debt service expenses, for:

(1) erecting, remodeling, making additions to, providing equipment for or furnishing public school buildings;

(2) purchasing or improving public school grounds;

(3) maintenance of public school buildings or public school grounds, including the purchasing or repairing of maintenance equipment and participating in the facility information management system as required by the Public School Capital Outlay Act and including payments under contracts with regional education cooperatives for maintenance support services and expenditures for technical training and certification for maintenance and facilities management personnel, but excluding salary expenses of school district employees;

(4) purchasing activity vehicles for transporting students to extracurricular school activities; or

(5) purchasing [computer software and hardware for student use in public school classrooms] and installing education technology; and

C. "education technology" means:

(1) equipment and tools used in the educational process that constitute learning and administrative resources and may include:

(a) closed-circuit television systems;

(b) educational television and radio broadcasting and cable television;

(d) network connection devices and digital communications equipment, including voice, video and data equipment;

(e) computer hardware and software, including software licenses, data storage fees and other technologies and services;

(f) local and remote servers;

(g) other computer infrastructure;

(h) portable media such as discs and drives to contain data for electronic storage and playback;

(i) maintenance equipment; and

(j) any other techniques and tools used to implement technology in schools and related facilities; and

SECTION 5. Section 22-26-2 NMSA 1978 (being Laws 1983, Chapter 163, Section 2, as amended) is amended to read:

"22-26-2. [DEFINITION] DEFINITIONS.--As used in the Public School Buildings Act:

A. "capital improvements" means expenditures, including payments made with respect to lease-purchase arrangements as defined in the Education Technology Equipment Act but excluding any other debt service expenses, for:

[A.] (1) erecting, remodeling, making additions to, providing equipment for or furnishing public school buildings;

[B.] (2) payments made pursuant to a financing agreement entered into by a school district or a charter school for the leasing of a building or other real property with an option to purchase for a price that is reduced according to payments made;

[C.] (3) purchasing or improving public school grounds;

[D.] (4) purchasing activity vehicles for transporting students to and from extracurricular school activities; provided that this authorization for expenditure does not apply to school districts with a student MEM greater than sixty thousand; [or

E.] (5) administering the projects undertaken pursuant to [Subsections A and C of this section] Paragraphs (1) and (3) of this subsection, including expenditures for facility maintenance software, project management software, project oversight and district personnel specifically related to administration of projects funded by the Public School Buildings Act; provided that expenditures pursuant to this subsection shall not exceed five percent of the total project costs; and

(6) education technology; and

B. "education technology" means:

(1) equipment and tools used in the educational process that constitute learning and administrative resources and may include:

(a) closed-circuit television systems;

(b) educational television and radio broadcasting and cable television;

(d) network connection devices and digital communications equipment, including voice, video and data equipment;

(e) computer hardware and software, including software licenses, data storage fees and other technologies and services;

(f) local and remote servers;

(g) other computer infrastructure;

(h) portable media such as discs and drives to contain data for electronic storage and playback;

(i) maintenance equipment; and

(j) any other techniques and tools used to implement technology in schools and related facilities; and

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