HOUSE BILL 314
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Larry A. Larrañaga
FOR THE PUBLIC SCHOOL CAPITAL OUTLAY OVERSIGHT TASK FORCE
AND THE LEGISLATIVE EDUCATION STUDY COMMITTEE
AN ACT
RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL CAPITAL OUTLAY ACT TO PROVIDE PROCEDURES FOR STATE-CHARTERED AND LOCALLY CHARTERED CHARTER SCHOOLS FOR ADEQUATE FACILITIES; CREATING A FUND; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-24-6.1 NMSA 1978 (being Laws 2007, Chapter 214, Section 1, as amended) is amended to read:
"22-24-6.1. PROCEDURES FOR A STATE-CHARTERED CHARTER SCHOOL.--All of the provisions of the Public School Capital Outlay Act apply to an application by a state-chartered charter school for grant assistance for a capital project except:
A. the portion of the cost of the project to be paid from the fund shall be calculated pursuant to Paragraph (5) of Subsection B of Section 22-24-5 NMSA 1978 using data from the school district in which the state-chartered charter school is located;
B. in calculating a reduction pursuant to Paragraph (6) of Subsection B of Section 22-24-5 NMSA 1978, [(1)] the amount to be used in Subparagraph (a) of that paragraph shall equal the total of all legislative appropriations made after January 1, 2007 for nonoperating expenses either directly to the charter school or to another governmental entity for the purpose of passing the money through directly to the charter school, regardless of whether the charter school was a state-chartered charter school at the time of the appropriation or later opted to become a state-chartered charter school, except that the total shall not include any such appropriation if, before the charter school became a state-chartered charter school, the appropriation was previously used to calculate a reduction pursuant to Paragraph (6) of Subsection B of Section 22-24-5 NMSA 1978; and
[(2) the amount to be used in Subparagraph (b) of that paragraph shall equal the total of all federal money received by the charter school for nonoperating purposes pursuant to Title XIV of the American Recovery and Reinvestment Act of 2009, regardless of whether the charter school was a state-chartered charter school at the time of receiving the federal money or later opted to become a state-chartered charter school, except that the total shall not include any such federal money if, before the charter school became a state-chartered charter school, the money was previously used to calculate a reduction pursuant to Paragraph (6) of Subsection B of Section 22-24-5 NMSA 1978; and]
C. if the council determines that the state-chartered charter school does not have the resources to pay all or a portion of the total cost of the capital outlay project that is not funded with grant assistance from the fund, to the extent that money is available in the charter school capital outlay fund, the council shall make an award from that fund for the remaining amount necessary to pay for the project. The council may establish, by rule, a procedure for determining the amount of resources available to the charter school and the amount needed from the charter school capital outlay fund."
SECTION 2. A new section of the Public School Capital Outlay Act is enacted to read:
"[NEW MATERIAL] PUBLIC FACILITIES FOR CHARTER SCHOOLS.--
A. The council shall develop a program for assisting charter schools to be located in public buildings or in buildings being acquired by charter schools pursuant to a lease-purchase agreement.
B. A locally chartered or state-chartered charter school, desiring assistance pursuant to this section, shall make application to the council for a grant. The application shall include:
(1) a summary of the efforts that have been made by the charter school to be located in a public facility;
(2) an estimate of the costs necessary to bring the public facilities up to the statewide adequacy standards; and
(3) such other information as required by rule of the council.
C. The public school facilities authority shall review the information submitted by the charter school 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 charter school capital outlay fund for such purposes, the council shall approve grants from the fund on the established priority basis.
E. An award made pursuant to this section shall not be considered when calculating an amount to offset grants to a school district or state-chartered charter school pursuant to Paragraph (6) of Subsection B of Section 22-24-5 NMSA 1978 or Subsection B of Section 22-24-6.1 NMSA 1978."
SECTION 3. A new section of the Public School Capital Outlay Act is enacted to read:
"[NEW MATERIAL] CHARTER SCHOOL CAPITAL OUTLAY FUND.--
A. The "charter school capital outlay fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the council for the purposes of making grants pursuant to Subsection B of this section. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the public school facilities authority.
B. Balances in the charter school capital outlay fund shall be used for the following purposes and, to the extent money is available in the fund, in the following order:
(1) for making grants to state-chartered charter schools pursuant to Subsection C of Section 22-24-6.1 NMSA 1978 to assist with the local match needed for an approved public school capital outlay project; and
(2) if the council determines that money in the fund is not needed for grants pursuant to Paragraph (1) of this subsection, remaining balances in the fund may be used for providing assistance to charter schools pursuant to Section 2 of this 2013 act."
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