HOUSE BILL 69

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Roberto "Bobby" J. Gonzales

AN ACT

RELATING TO PUBLIC EDUCATION; ENACTING THE EDUCATION TECHNOLOGY IMPROVEMENTS AND ADMINISTRATION ACT; PROVIDING FOR A PROPERTY TAX LEVY FOR CERTAIN PURPOSES; PROVIDING FOR PROCEDURES; PROVIDING FOR CERTAIN LIMITATIONS; REQUIRING REPORTS BY CHARTER SCHOOLS; REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Education Technology Improvements and Administration Act"."

     SECTION 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Education Technology Improvements and Administration Act:

          A. "education technology improvements" means:

                (1) tools used in the educational process that constitute learning and administrative resources, including:

                     (a) closed-circuit television systems;

                     (b) educational television and radio broadcasting;

                     (c) cable television;

                     (d) network connection devices;

                     (e) digital communications equipment, including voice, video and data equipment;

                     (f) computer hardware and software, including software licenses, data storage and other technologies and services;

                     (g) local and remote servers;

                     (h) switches;

                     (i) portable media to contain data for electronic storage and playback, such as discs and drives;

                     (j) software licenses and other technologies and services;

                     (k) maintenance equipment;

                     (l) computer infrastructure information; and

                     (m) tools used to implement technology in schools and related facilities; and

                (2) improvements to, alterations of and modifications to, or expansions of, existing buildings or personal property to house or otherwise accommodate any of the tools listed in Paragraph (1) of this subsection; and

          B. "education technology improvements administration" includes technical support and training of school district employees whose primary job is to administer education technology improvements projects."

     SECTION 3. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] AUTHORIZATION FOR LOCAL SCHOOL BOARD TO SUBMIT QUESTION OF TAX LEVY.--

          A. On or after July 1, 2017, a local school board may adopt a resolution to submit to the qualified electors of the school district the question of whether a property tax should be levied on the net taxable value of property allocated to the school district under the Property Tax Code at a rate not to exceed two dollars ($2.00) on each one thousand dollars ($1,000) of net taxable value for a maximum of six property tax years for the purpose of paying for education technology improvements or education technology improvements administration for the school district. The resolution shall identify:

                (1) the education technology improvements for which the revenue proposed to be generated will be used;

                (2) whether the revenue proposed to be generated will be used for education technology improvements administration;

                (3) the maximum rate and duration of the proposed tax; and

                (4) the date on which an election will be held to propose the tax levy.

          B. A resolution submitted to the qualified electors pursuant to this section shall include proposed funding for education technology improvements or education technology improvements administration for a locally chartered or state-chartered charter school located within the school district if the charter school timely provides the necessary information to the school district for inclusion in the resolution that identifies the education technology improvements for the charter school for which the revenue proposed to be generated will be used."

     SECTION 4. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] AUTHORIZING RESOLUTION--TIME LIMITATION.--A resolution authorized pursuant to the Education Technology Improvements and Administration Act shall be adopted no later than May 15 in the year in which the tax is proposed to be levied."

     SECTION 5. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] CONDUCT OF ELECTION--NOTICE--BALLOT.--

          A. An election on the question of levying a tax pursuant to the Education Technology Improvements and Administration Act may be held in conjunction with a regular school district election or may be conducted as, or held in conjunction with, a special school district election, but the election shall be held prior to July 1 of the property tax year in which the tax is proposed to be levied. Conduct of the election shall be as prescribed in the School Election Law for regular and special school district elections.

          B. The public proclamation required pursuant to Section 1-22-4 or 1-22-5 NMSA 1978 to be published as notice of an election shall include as the question to be submitted to the voters whether a property tax should be levied on the net taxable value of all property allocated to the school district at the rate not to exceed the rate for the purposes specified in the authorizing resolution and for the specified number of property tax years not exceeding six property tax years.

          C. The ballot shall include the information specified in Subsection B of this section and shall present to the voters the choice of voting "for the education technology improvements and administration tax" or "against the education technology improvements and administration tax"."

     SECTION 6. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] ELECTION RESULTS--CERTIFICATION.--The certification of the results of an election held on the question of a tax levied pursuant to the Education Technology Improvements and Administration Act shall be made in accordance with Section 1-22-15 NMSA 1978, and a copy of the certificate of results shall be mailed immediately to the secretary."

     SECTION 7. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] TAX LEVY--LIMITATION ON EXPENDITURES.--

          A. If, as a result of an election held in accordance with the Education Technology Improvements and Administration Act, a majority of qualified electors voting on the question votes in favor of the tax levy, the tax rate shall be certified, unless the local school board requests by resolution that the rate be discontinued by the department of finance and administration or decreased by the amount required by operation of the rate limitation provisions of Section

7-37-7.1 NMSA 1978.

          B. Revenue generated by the tax levied pursuant to the Education Technology Improvements and Administration Act shall be expended only for the purposes identified on the ballot.

          C. For a tax approved by the electors on or after July 1, 2017, the amount of tax revenue to be distributed to each charter school that was identified on the ballot shall be determined each year and shall be in the same proportion of the average full-time-equivalent enrollment of the charter school on the first reporting date of the prior school year to the total such enrollment in the school district; provided that a distribution shall not be made to an approved charter school that did not commence classroom instruction in the prior school year; and provided further that, in determining a school district's total enrollment, students attending a state-chartered charter school within that school district shall be included. Each year, the department shall certify to the 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 county treasurer shall distribute directly to each charter school its share of the property tax revenue."

     SECTION 8. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] TAX TO BE LEVIED FOR A MAXIMUM OF SIX YEARS.--A tax levied pursuant to the Education Technology Improvements and Administration Act shall be levied for no more than six property tax years beginning with the property tax year in which the election was held. The local school board may discontinue, by resolution, the tax levied by the Education Technology Improvements and Administration Act at the end of any property tax year. For any property tax year in which it is required, the local school board shall direct that the Education Technology Improvements and Administration Act tax levy be decreased in accordance with the rate limitation provisions of Section 7-37-7.1 NMSA 1978."

     SECTION 9. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] EXPENDITURES BY CHARTER SCHOOLS-- REPORTS.--

          A. Before December 1 of each year, each locally chartered or state-chartered charter school that expects during the next calendar year a distribution of revenue from property taxes pursuant to the Education Technology Improvements and Administration Act tax levy shall submit a report to its chartering authority and the department identifying each purpose for which the expected distribution will be expended.

          B. The department shall review the report and, no later than twenty days after receiving the report, shall advise the charter school whether, in its opinion, the proposed expenditures are consistent with law and shall provide a copy of the advice to the local school board.

          C. Before January 31 of each year, each locally chartered or state-chartered charter school that received in the previous calendar year a distribution of the Education Technology Improvements and Administration Act tax levy shall submit a report to its chartering authority and the department identifying each purpose for which the distribution was expended and the amount expended for each purpose."

     SECTION 10. REPEAL.--Sections 22-15A-1 through 22-15A-13 NMSA 1978 (being Laws 1994, Chapter 96, Sections 1 through 10, Laws 2005, Chapter 222, Sections 2 and 3 and Laws 2007, Chapter 292, Section 10 and Laws 2007, Chapter 293, Section 10, as amended) are repealed.

- 9 -