SENATE BILL 394
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Cynthia Nava
FOR THE PUBLIC SCHOOL CAPITAL OUTLAY OVERSIGHT TASK FORCE
AN ACT
RELATING TO SCHOOLS; PROVIDING CRITERIA FOR ALLOCATIONS FROM THE EDUCATIONAL TECHNOLOGY DEFICIENCY CORRECTION FUND; EXTENDING THE PERIOD IN WHICH GRANTS FOR ROOF REPAIR AND REPLACEMENT MAY BE EXPENDED; MAKING APPROPRIATIONS FOR EDUCATIONAL TECHNOLOGY, ROOF REPAIR AND REPLACEMENT, THE PURCHASE OF PORTABLE FACILITIES AND THE CORRECTION OF DEFICIENCIES AT CERTAIN STATE EDUCATIONAL INSTITUTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-15A-11 NMSA 1978 (being Laws 2005, Chapter 222, Section 2) is amended to read:
"22-15A-11. EDUCATIONAL TECHNOLOGY DEFICIENCIES--CORRECTION.--
A. No later than September 1, 2005, the bureau, with the advice of the council and the office of the chief information officer, shall define and develop minimum educational technology adequacy standards to supplement the adequacy standards developed by the public school capital outlay council for school districts to use to identify outstanding serious deficiencies in educational technology infrastructure.
B. A school district shall use the standards to complete a self-assessment of the outstanding educational technology deficiencies within the school district and provide cost projections to correct the outstanding deficiencies.
C. The bureau shall develop a methodology for prioritizing projects that will correct the deficiencies.
D. After a public hearing and to the extent that money is available in the educational technology deficiency correction fund, the bureau shall approve allocations from the fund on the established priority basis and, working with the school district and pursuant to the Procurement Code, enter into contracts to correct the deficiencies.
E. No allocation shall be made pursuant to this section unless:
(1) the method for prioritizing projects developed by the bureau has been reviewed and approved by the council;
(2) the school district has agreed to consult and coordinate with the public school facilities authority before installing any educational technology infrastructure;
(3) the council has approved the proposed allocation; and
(4) for the 2009 and subsequent fiscal years, the initial assessment required in the Technology for Education Act has been verified by an independent third party as determined in consultation with the public school capital outlay council.
[E.] F. In entering into contracts to correct deficiencies pursuant to this section, the bureau shall include such terms and conditions as necessary to ensure that the state money is expended in the most prudent manner possible consistent with the original purpose."
Section 2. Section 22-24-4.3 NMSA 1978 (being Laws 2005, Chapter 274, Section 6) is amended to read:
"22-24-4.3. ROOF REPAIR AND REPLACEMENT INITIATIVE.--
A. The council shall develop guidelines for a roof repair and replacement initiative pursuant to the provisions of this section.
B. A school district, desiring a grant award pursuant to this section, shall submit an application to the council. The application shall include an assessment of the roofs on district school buildings that, in the opinion of the school district, create a threat of significant property damage.
C. The public school facilities authority shall verify the assessment made by the school district and rank the application with similar applications pursuant to a methodology adopted by the council.
D. After a public hearing and to the extent that money is available in the fund for such purposes, the council shall approve roof repair or replacement projects on the established priority basis; provided that no project shall be approved unless the council determines that the school district is willing and able to pay the portion of the total cost of the project that is not funded with grant assistance from the fund. In order to pay its portion of the total project cost, a school district may use state distributions made to the school district pursuant to the Public School Capital Improvements Act or, if within the scope of the authorizing resolution, proceeds of the property tax imposed pursuant to that act.
E. The state share of the cost of an approved project shall be calculated pursuant to the methodology in Paragraph (5) of Subsection B of Section 22-24-5 NMSA 1978.
F. A grant made pursuant to this section shall be expended by the school district prior to [September 1, 2008] July 1, 2011."
Section 3. APPROPRIATION--ROOF REPAIR AND REPLACEMENT.--Thirty million dollars ($30,000,000) is appropriated from the general fund to the public school capital outlay fund for expenditure in fiscal years 2008 through 2011 for the purpose of making grants to school districts for repairing and replacing roofs pursuant to Section 22-24-4.3 NMSA 1978. Any unexpended or unencumbered balance remaining at the end of fiscal year 2011 shall not revert to the general fund but shall remain in the public school capital outlay fund to be expended pursuant to the Public School Capital Outlay Act.
Section 4. APPROPRIATIONS--EDUCATIONAL TECHNOLOGY DEFICIENCIES--UPGRADES.--
A. Twenty-seven million dollars ($27,000,000) is appropriated from the general fund to the educational technology deficiency correction fund for expenditure in fiscal year 2007 and subsequent fiscal years to make allocations to correct serious deficiencies in educational technology infrastructure pursuant to the Technology for Education Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
B. Twenty-four million dollars ($24,000,000) is appropriated from the general fund to the public education department for expenditure in fiscal years 2007 and 2008 to make distributions to school districts to replace functionally obsolete computers and network devices in accordance with the statewide plan for the integration of educational technology into the public schools. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.
Section 5. APPROPRIATION--PORTABLE FACILITIES.--Eight million dollars ($8,000,000) is appropriated from the general fund to the public school capital outlay fund for expenditure in fiscal year 2008 and subsequent fiscal years for the purpose of purchasing and installing portable facilities pursuant to Subsection C of Section 22-24-4 NMSA 1978 to be loaned to school districts with a demonstrated need. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
Section 6. APPROPRIATION--CORRECTING DEFICIENCIES AT CERTAIN EDUCATIONAL INSTITUTIONS.--Thirteen million three hundred thousand dollars ($13,300,000) is appropriated from the general fund to the public school capital outlay fund for expenditure in fiscal year 2008 and subsequent fiscal years for the purpose of correcting outstanding health, safety or infrastructure deficiencies at the New Mexico school for the blind and visually impaired and the New Mexico school for the deaf pursuant to Section 22-24-5.6 NMSA 1978. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
- 6 -