RELATING TO PUBLIC SCHOOL FINANCES; PROVIDING FOR THE TIMELY PAYMENT OF SCHOOL DISTRICT GENERAL OBLIGATIONS THROUGH THE USE OF THE STATE EQUALIZATION GUARANTEE DISTRIBUTION.

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:

"TIMELY PAYMENT OF SCHOOL DISTRICT OBLIGATIONS.--

A. Whenever a paying agent has not received payment of principal or interest on school district general obligation bonds on the business day immediately prior to the date on which the payment is due, the paying agent shall so notify the state treasurer, the department of finance and administration, the department of education and the school district by telephone, facsimile or other similar communication, followed by written verification, of the payment status. The state treasurer shall immediately contact the school district and determine whether the school district will make the payment by the date on which it is due.

B. If the school district indicates that it will not make the payment by the date on which it is due, the state treasurer shall forward the amount in immediately available funds necessary to make the payment due on the bonds to the paying agent and shall withhold an equal amount from the next succeeding payment of the state equalization guarantee distribution. If the amount of the next succeeding payment is insufficient to pay the amount due, the state treasurer shall withhold amounts from each succeeding payment of the state equalization guarantee distribution, including payments to be made in succeeding fiscal years but not more than twelve consecutive months of payments, until the total payment of principal and interest due has been withheld.

C. The amounts forwarded to the paying agent by the state treasurer shall be applied by the paying agent solely to the payment of the principal or interest due on the general obligation bonds of the school district. The state treasurer shall notify the department of education, the chief financial officer of the school district, the department of finance and administration, the legislative finance committee and the legislative education study committee of amounts withheld and payments made pursuant to this section.

D. Upon the issuance of general obligation bonds by a school district, the school district shall file with the state treasurer a copy of the resolution that authorizes the issuance of the bonds, a copy of the official statement or other offering document for the bonds, the agreement, if any, with the paying agent for the bonds and the name, address and telephone number of the paying agent; provided, however, that the failure of a school district to file the information shall not affect the obligation of the state treasurer to withhold the state equalization guarantee distribution pursuant to this section.

E. The state hereby covenants with the purchasers and holders of general obligation bonds issued by school districts that it will not repeal, revoke or rescind the provisions of this section or modify or amend the same so as to limit or impair the rights and remedies granted by this section; provided that nothing in this subsection shall be deemed or construed to require the state to continue the payment of a state equalization guarantee distribution to any school district or to limit or prohibit the state from repealing, amending or modifying any law relating to the amount of state equalization guarantee distributions to school districts or the manner of payment or the timing thereof. Nothing in this section shall be deemed or construed to create a debt of the state with respect to the bonds within the meaning of any state constitutional provision or to create any liability except to the extent provided in this section.

F. Whenever the state treasurer is required by this section to make a payment of principal or interest on bonds on behalf of a school district, the department of education shall initiate an audit of the school district to determine the reason for the nonpayment and to assist the school district, if necessary, in developing and implementing measures to ensure that future payments will be made when due.

G. Whenever the state treasurer makes a payment of principal and interest on bonds or other obligations of a school district and withholds amounts from the state equalization guarantee distribution pursuant to this section because of the failure to collect property taxes, the school district may transfer delinquent property taxes later collected out of the school district's bond redemption fund and into its general fund.

H. This section applies to general obligation bonds issued by a school district on or after July 1, 2003."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.