SENATE BILL 6
51st legislature - STATE OF NEW MEXICO - second session, 2014
INTRODUCED BY
Carlos R. Cisneros
AN ACT
RELATING TO PUBLIC SCHOOLS; MAKING LOCALLY AND STATE-CHARTERED CHARTER SCHOOLS ELIGIBLE TO RECEIVE A PRORATED SHARE OF EDUCATION TECHNOLOGY EQUIPMENT ACT PROCEEDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 6-15A-1 NMSA 1978 (being Laws 1997, Chapter 193, Section 1) is amended to read:
"6-15A-1. SHORT TITLE.--[Sections 1 through 16 of this act] Chapter 6, Article 15A NMSA 1978 may be cited as the "Education Technology Equipment Act"."
SECTION 2. 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. "department" means the public education department;
[B.] C. "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
(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 tools listed in Paragraph (1) of this subsection;
[C.] D. "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.] E. "local school board" means the governing body of a school district; and
[E.] F. "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 or a locally chartered or a state-chartered charter school located within the geographic boundaries of a school district."
SECTION 3. Section 6-15A-8 NMSA 1978 (being Laws 2001, Chapter 203, Section 1) is amended to read:
"6-15A-8. AUTHORIZING LEASE-PURCHASE OF EDUCATION TECHNOLOGY EQUIPMENT--PRELIMINARY RESOLUTION--CONTENTS--NOTICE--FINAL RESOLUTION OF APPROVAL.--
A. If a local school board proposes to lease-purchase education technology equipment, it shall comply with the requirements of this section.
B. At a regular meeting or at a special meeting called for the purpose of considering the lease-purchase of education technology equipment, a local school board shall:
(1) make a determination of the necessity for lease-purchasing the education technology equipment;
(2) determine the estimated cost of the equipment needed;
(3) review a summary of the terms of the proposed lease-purchase agreement;
(4) identify the source of funds for the lease-purchase payments;
(5) if all or part of the funds needed requires or anticipates the imposition of a property tax, determine the estimated rate of the tax and what, if any, the percentage increase in property taxes for real property owners in the school district;
(6) set a date not more than four weeks and not less than three weeks in the future for a special meeting to consider a resolution granting final approval to the lease-purchase of education technology equipment; and
(7) direct that notice of the special meeting be published once each week for the two weeks immediately preceding the meeting in a newspaper having general circulation in the school district and that the notice include the information required in Paragraphs (1) through (5) of this subsection.
C. At the special meeting scheduled pursuant to Subsection B of this section, the local school board may adopt a final resolution approving the lease-purchase of education technology equipment only by an affirmative vote of a majority of all members of the board.
D. The local school board shall not adopt a resolution for or approve a lease-purchase agreement that exceeds five years.
E. After July 1, 2014, a resolution approving the lease-purchase of education technology equipment pursuant to Subsections B through D of this section shall include the lease-purchase of education technology equipment for locally chartered or state-chartered charter schools located within the school district if:
(1) the charter school timely provides the necessary information that identifies the lease-purchase of education technology equipment for use in the charter school to be included in the board resolution for lease-purchase of education technology equipment; and
(2) the proposed lease-purchase of education technology equipment is included in the five-year facilities plan:
(a) of the school district, if the charter school is a locally chartered school; or
(b) of the charter school, if the charter school is a state-chartered charter school."
SECTION 4. A new section of the Education Technology Equipment Act is enacted to read:
"[NEW MATERIAL] CHARTER SCHOOLS--RECEIPT OF PRORATED EDUCATION TECHNOLOGY EQUIPMENT ACT FUNDS.--After July 1, 2014, if a school district assumes debt under the provisions of the Education Technology Equipment Act, as provided in Section 6-15A-8 NMSA 1978, the amount of revenue from that assumption of debt to be distributed to each charter school that was included in the resolution shall be determined each year and shall be in the same proportion as the average full-time-equivalent enrollment of the charter school on the first reporting date of the prior school year is to the total of such enrollment in the school district; provided that, in the case of an approved charter school that had not commenced classroom instruction in the prior school year, the estimated full-time-equivalent enrollment in the first year of instruction, as shown in the approved charter school application, shall be used, subject to adjustment after the first reporting date. Each year, the department shall certify to the county treasurer of the county in which the eligible charter schools in the school district are located the percentage of the revenue to be distributed to each charter school. The school district shall distribute one hundred percent of the charter school's share of the proceeds from the assumption of debt under terms of the Education Technology Equipment Act within thirty days from the assumption of debt."
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