45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; PROVIDING ADDITIONAL DUTIES FOR THE PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL RELATING TO THE OVERSIGHT AND APPROVAL OF PUBLIC SCHOOL CAPITAL OUTLAY PROJECTS; MAKING TRANSFERS OF PERSONNEL, EQUIPMENT, APPROPRIATIONS AND OTHER PROPERTY FROM THE STATE DEPARTMENT OF PUBLIC EDUCATION TO THE PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL.

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

Section 1. Section 22-24-6 NMSA 1978 (being Laws 1975, Chapter 235, Section 6, as amended) is amended to read:

"22-24-6. COUNCIL CREATED--ORGANIZATION--DUTIES.--

A. There is created the "public school capital outlay council", consisting of the:

(1) secretary of finance and administration or his designee;

(2) state superintendent or his designee;

(3) [the] governor or his designee;

(4) president of the New Mexico school boards association or his designee;

(5) [the] director of the construction industries division of the regulation and licensing department or his designee;

(6) [the] president of the state board or his designee;

(7) [the] director of the legislative education study committee or his designee;

(8) [the] director of the legislative finance committee or his designee; and

(9) [the] director of the legislative council service or his designee.

B. The council shall:

(1) investigate all applications for assistance from the fund and [shall] certify the approved applications to the secretary of finance and administration for distribution of funds;

[C. The council shall] (2) elect a chairman from among the members. The council shall meet at the call of the chairman;

[D. The department of education shall]

(3) account for all distributions and [shall] make annual reports to the legislative education study committee and to the legislative finance committee;

(4) be responsible for overseeing and monitoring all aspects of public school capital projects; and

(5) in addition to the deficiencies correction unit created pursuant to Section 22-24-4.2 NMSA 1978, employ such other staff as is necessary to perform its duties. On July 1, 2004, the deficiencies correction unit shall be merged with the council staff employed pursuant to this paragraph and the merged staff shall, under the direction of the council, carry out all of the provisions of the Public School Capital Outlay Act. All employees of the council shall be exempt from the provisions of the Personnel Act."

Section 2. A new section of the Public School Capital Outlay Act is enacted to read:

"[NEW MATERIAL] SCHOOL CONSTRUCTION--APPROVAL OF COUNCIL.--

A. Each local school board shall secure the approval of the council prior to the construction or letting of contracts for construction of any school building or related school structure or before reopening an existing structure that was formerly used as a school building but that has not been used for that purpose during the previous year. No approval is required for enlarging an existing school that is now in use unless the enlargement is for the purpose of changing the character of the school from an elementary school to a secondary school or adding an elementary school to a secondary school or a secondary school to an elementary school. A written application shall be submitted to the council requesting approval of the construction. The council shall prescribe the form of the application that shall include the following:

(1) a statement of need;

(2) the anticipated number of students affected by the construction;

(3) the estimated cost;

(4) a description of the proposed construction or structure to be built; and

(5) a map of the area showing existing schools within a five-mile radius and any obstructions to attending the schools, such as railroad tracks, rivers and limited-access highways.

B. The council shall give its approval to an application if it reasonably determines that:

(1) the construction will not cause an unnecessary proliferation of school construction;

(2) the construction is needed in the school district;

(3) the construction is feasible;

(4) the cost of the construction is reasonable; and

(5) the school district is financially able to pay for the construction.

C. Within thirty days after the receipt of an application filed pursuant to this section, the council shall in writing notify the local school board making the application of its approval or disapproval of the application.

D. Each local school board shall submit plans and specifications to the council before expending twenty-five thousand dollars ($25,000) or more on erecting, remodeling or making additions to any public school building or structure. The council shall review the plans and specifications and recommend to the local school board any cost-effective changes that the council deems appropriate; provided that the council shall review and recommend factors relating to only the educational aspects of the construction. Any contract to expend money pursuant to plans and specifications not approved as provided by this subsection is void and constitutes no charge in law or equity against the local school board or the school district.

E. The provisions of this section apply only to those projects not funded in whole or in part with money from the public school capital outlay fund, and, in the event of any conflict between the requirements of this section and other provisions of the Public School Capital Outlay Act, the other provisions shall prevail and a local school board is not required to comply with the conflicting provisions of this section."

Section 3. TEMPORARY PROVISION--SEPARATION OF FUNCTIONS.--The public school capital outlay council and the state department of public education shall jointly identify and clarify those state planning, funding and construction functions and associated personnel and property relating to public school capital outlay that would reasonably be within the duties and powers of the public school capital outlay council and those that should remain in the state department of public education. The council and the department shall regularly report on their progress to the public school capital outlay task force and shall solicit and receive input and advice from the task force. The council and the department shall, no later than December 15, 2002, report their conclusions and recommendations to the public school capital outlay task force, the legislature and the governor and, upon the approval of the secretary of finance and administration, the identified personnel and property shall be transferred pursuant to Section 4 of this act.

Section 4. TEMPORARY PROVISION--TRANSFER.--All personnel, budgets, funds, appropriations, records, contracts, equipment and other property of the state department of public education used to administer the public school capital outlay program are transferred to the public school capital outlay council. All references to the state department of public education or the school capital outlay unit of the state department of public education in any agreement, regulation, grant document or other legal document relating to public school capital outlay shall be deemed to refer to the public school capital outlay council.

Section 5. REPEAL.--Sections 22-20-1, 22-20-3 and 22-20-4 NMSA 1978 (being Laws 1967, Chapter 16, Sections 270 and 272 and Laws 2001, Chapter 338, Section 4, as amended) are repealed.

Section 6. EFFECTIVE DATE.--The effective date of the provisions of Sections 1, 2, 4 and 5 of this act is July 1, 2003.