SENATE BILL 331

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Cynthia Nava

AN ACT

RELATING TO EDUCATION TECHNOLOGY; AMENDING DEFINITIONS IN THE EDUCATION TECHNOLOGY EQUIPMENT ACT.

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

     SECTION 1. Section 6-15A-3 NMSA 1978 (being Laws 1997, Chapter 193, Section 3, as amended) is amended to read:

     "6-15A-3. DEFINITIONS.--As used in the Education Technology Equipment Act:

          A. "debt" means an obligation payable from ad valorem property tax revenues or the general fund of a school district and that may be secured by the full faith and credit of a school district and a pledge of its taxing powers;

          B. "education technology equipment" means tools used in the educational process that constitute learning and administrative resources and may include:

                (1) closed-circuit television systems, educational television and radio broadcasting, cable television, satellite, copper and fiber-optic transmission, computer, [video and audio laser and CD ROM discs, video and audio tapes] network connection devices, digital communications equipment (voice, video and data), servers, switches, portable media such as discs and drives to contain data for electronic storage and playback, software licenses or other technologies and [the] services, maintenance, equipment and computer infrastructure information, techniques and tools used to implement technology in schools and related facilities; and

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

          C. "lease-purchase arrangement" means a financing arrangement constituting debt of a school district pursuant to which periodic lease payments composed of principal and interest components are to be paid to the holder of the lease-purchase arrangement and pursuant to which the owner of the education technology equipment may retain title to or a security interest in the equipment and may agree to release the security interest or transfer title to the equipment to the school district for nominal consideration after payment of the final periodic lease payment. "Lease-purchase arrangement" also means any debt of the school district incurred for the purpose of acquiring education technology equipment pursuant to the Education Technology Equipment Act whether designated as a general obligation lease, [bond] note [loan, warrant, debenture, obligation] or other instrument evidencing a debt of the school district;

          D. "local school board" means the governing body of a school district; and

          E. "school district" means an area of land established as a political subdivision of the state for the administration of public schools and segregated geographically for taxation and bonding purposes."

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