HOUSE BILL 300

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Luciano "Lucky" Varela

AN ACT

RELATING TO SCHOOL DISTRICT FINANCING; REQUIRING CERTAIN INFORMATION TO BE SPECIFIED IN A LOCAL SCHOOL BOARD PROCLAMATION FOR A GENERAL OBLIGATION BOND ELECTION; LIMITING THE USE OF BOND PROCEEDS.

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

     SECTION 1. Section 1-22-4 NMSA 1978 (being Laws 1985, Chapter 168, Section 6, as amended) is amended to read:

     "1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.--

          A. The board shall by resolution issue a public proclamation in Spanish and English calling a regular school district election within the school district on the date prescribed by the School Election Law. The proclamation shall be filed by the superintendent with the county clerk of record on the last Tuesday in November of the even-numbered year immediately preceding the date of the election.

          B. The proclamation shall specify:

                (1) the date when the election will be held;

                (2) the positions on the board to be filled;

                (3) the date on which declarations of candidacy are to be filed;

                (4) the date on which declarations of intent to be a write-in candidate are to be filed;

                (5) the questions to be submitted to the voters, provided that, if a question includes whether to create a debt by issuing general obligation bonds, the proclamation shall also include the information required by Subsection A of Section 22-18-2.1 NMSA 1978;

                (6) the precincts in each county in which the election is to be held and the location of each polling place;

                (7) the hours each polling place will be open; and

                (8) the date and time of the closing of the registration books by the county clerk of record as required by law.

          C. After filing the proclamation with the county clerk of record and not less than fifty days before the date of the election, the county clerk of record shall publish the proclamation at least once in a newspaper of general circulation within the school district. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."

     SECTION 2. Section 1-22-5 NMSA 1978 (being Laws 1985, Chapter 168, Section 7, as amended) is amended to read:

     "1-22-5. SPECIAL ELECTION--PROCLAMATION--PUBLICATION.--

          A. Whenever a special school district election is to be called or is required by law, the board shall by resolution issue a public proclamation in Spanish and English calling the election. The proclamation shall forthwith be filed by the superintendent with the county clerk of record.

          B. The proclamation shall specify:

                (1) the date on which the special election will be held;

                (2) the positions on the board to be filled;

                (3) the date on which declarations of candidacy are to be filed;

                (4) the date on which declarations of intent to be a write-in candidate are to be filed;

                (5) the questions to be submitted to the voters, provided that, if a question includes whether to create a debt by issuing general obligation bonds, the proclamation shall also include the information required by Subsection A of Section 22-18-2.1 NMSA 1978;

                (6) the precincts in each county in which the election is to be held and the location of each polling place;

                (7) the hours each polling place will be open; and

                (8) the date and time of the closing of the registration books by the county clerk of record as required by law.

          C. After filing the proclamation with the county clerk of record and not less than fifty days before the date of the election, the county clerk of record shall publish the proclamation at least twice in a newspaper of general circulation in the school district. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."

     SECTION 3. A new Section 22-18-2.1 NMSA 1978 is enacted to read:

     "22-18-2.1. [NEW MATERIAL] PROCLAMATION FOR GENERAL OBLIGATION BOND ELECTION--CONTENTS--USE OF BOND PROCEEDS.--

          A. A proclamation for a regular or special election at which a general obligation bond issue will be decided shall:                 (1) specifically list each project that will be funded with the bond proceeds;

                (2) include only projects that reflect the school district's needs as shown by the facility assessment database maintained by the public school facilities authority;

                (3) state the amount of bond proceeds that are allocated to each project;

                (4) if a project is for the construction of a new school, state the capacity and general location of the new school; and

                (5) if a project is for the renovation or addition to an existing school, state the name of the school and a brief description of the renovation or addition plans.

          B. The proceeds from the sale of general obligation bonds shall only be expended for the projects listed in the proclamation and shall not be used for any other purpose; provided that if a project is canceled, postponed or less expensive than anticipated, then any money allocated to the project but not expended may be expended on other listed projects. Bond proceeds not expended pursuant to this subsection shall be used to pay debt service on the outstanding bonds."

     SECTION 4. APPLICABILITY.--The provisions of this act apply to school district election proclamations issued on or after July 1, 2011.

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