HOUSE BILL 620

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Rick Miera

AN ACT

RELATING TO PUBLIC SCHOOL CAPITAL OUTLAY; AMENDING THE PUBLIC SCHOOL CAPITAL IMPROVEMENTS ACT TO CLARIFY THE DEFINITION OF "MAINTENANCE" AND TO INCLUDE SALARIES FOR MAINTENANCE AS AN ALLOWABLE EXPENDITURE.

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

     Section 1. 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 but excluding any other debt service expenses, for:

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

                (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;

                (3) purchasing or improving public school grounds;

                (4) maintenance of public school buildings or public school grounds, including payments under contracts 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];

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

                (6) purchasing computer software and hardware for student use in public school classrooms; and

          C. "maintenance" means those activities required to keep a public school facility open and safe for use and to keep the grounds, buildings and equipment in effective working condition and good repair."