SENATE BILL 602
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Joseph J. Carraro
AN ACT
RELATING TO PUBLIC SCHOOLS; ENACTING NEW SECTIONS OF THE PUBLIC SCHOOL CAPITAL OUTLAY ACT TO CREATE THE PUBLIC SCHOOL MAINTENANCE FUND AND THE EMERGENCY PUBLIC SCHOOL FACILITY FUND; PROVIDING FOR GRANTS TO SCHOOL DISTRICTS FROM THE FUNDS; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Public School Capital Outlay Act is enacted to read:
"[NEW MATERIAL] PUBLIC SCHOOL MAINTENANCE FUND--CREATED--PUBLIC SCHOOL MAINTENANCE GRANT PROGRAM.--
A. The "public school maintenance fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the council for the purposes of making grant allocations for public school maintenance projects pursuant to Subsection B of this section. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the public school facilities authority.
B. To the extent money is available in the public school maintenance fund, upon application by a school district, the council may make an allocation from the fund to the school district for maintenance of school district facilities pursuant to the following criteria:
(1) all school districts are eligible to apply for the allocations;
(2) no local match is required; and
(3) the council shall develop rules that:
(a) specify application requirements;
(b) specify how applications will be prioritized;
(c) ensure that applications and subsequent use of the money allocated are consistent with the school district's preventive maintenance plan; and
(d) ensure that the money is expended in the most prudent manner possible."
Section 2. A new section of the Public School Capital Outlay Act is enacted to read:
"[NEW MATERIAL] EMERGENCY PUBLIC SCHOOL FACILITY FUND--CREATED--GRANT PROGRAM FOR NEW OR EXPANDED SCHOOLS IN HIGH-GROWTH AREAS.--
A. The "emergency public school facility fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the council for the purposes of making grants for new or expanded schools in high-growth areas of the state pursuant to the provisions of this section. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the public school facilities authority.
B. Pursuant to guidelines adopted by the council, the council shall identify high-growth areas of the state in which critical overcrowding of existing school facilities is adversely affecting the quality of education.
C. The public school facilities authority shall assist school districts containing identified high-growth areas in developing plans for new or expanded school facilities that will alleviate the critical overcrowding.
D. After developing criteria for prioritizing needed facilities and to the extent that money is available in the emergency public school facility fund, the council shall approve allocations from the fund for the new or expanded school facilities and, working with the school district, enter into construction contracts for the facilities.
E. Allocations from the fund for the construction of new or expanded school facilities pursuant to this section shall be made regardless of the local effort or percentage of indebtedness of the school district; provided that no such allocation from the fund shall be made unless the council determines that the school district has:
(1) provided insurance for buildings of the school district in accordance with the provisions of Section 13-5-3 NMSA 1978;
(2) submitted a five-year facilities plan that includes:
(a) enrollment projections;
(b) a current preventive maintenance plan that has been approved by the council pursuant to Section 22-24-5.3 NMSA 1978 and that is followed by each public school in the district;
(c) the capital needs of charter schools located in the school district; and
(d) projections for the facilities needed in order to maintain a full-day kindergarten program; and
(3) agreed, in writing, to comply with any reporting requirements or conditions imposed by the council pursuant to Section 22-24-5.1 NMSA 1978."
Section 3. APPROPRIATIONS.--
A. Four hundred million dollars ($400,000,000) is appropriated from the general fund to the emergency public school facility fund for expenditure in fiscal years 2007 and subsequent fiscal years for the purpose of funding new or expanded school facilities in high-growth areas of the state pursuant to the provisions of the Public School Capital Outlay Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
B. Two hundred million dollars ($200,000,000) is appropriated from the general fund to the public school maintenance fund for expenditure in fiscal years 2007 and subsequent fiscal years for the purpose of making allocations for maintenance of public school facilities pursuant to the provisions of the Public School Capital Outlay Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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