HOUSE BILL 382
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Brian Egolf
AN ACT
RELATING TO PUBLIC SCHOOLS; ALLOWING LOCAL SCHOOL BOARDS TO SUBMIT THE QUESTION OF DEBT FOR EDUCATION TECHNOLOGY EQUIPMENT TO THE VOTERS OF THE SCHOOL DISTRICT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 6-15A-4 NMSA 1978 (being Laws 1997, Chapter 193, Section 4) is amended to read:
"6-15A-4. NOTICE OF PROPOSED LEASE-PURCHASE ARRANGEMENTS.--When a school district contemplates entering into a lease-purchase arrangement payable in whole or in part from ad valorem taxes, the local school board, before initiating any proceedings for approval of such lease-purchase arrangement, shall decide whether to enter into a lease-purchase arrangement as provided in Article 9, Section 11 of the constitution of New Mexico or to submit the question to the voters of the school district. The school district shall forward to the school budget planning unit of the [state department of] public education department a written notice of the proposed lease-purchase arrangement."
SECTION 2. Section 6-15A-8 NMSA 1978 (being Laws 2001, Chapter 203, Section 1) is amended to read:
"6-15A-8. AUTHORIZING LEASE-PURCHASE OF EDUCATION TECHNOLOGY EQUIPMENT--PRELIMINARY RESOLUTION--CONTENTS--
NOTICE--FINAL RESOLUTION OF APPROVAL.--
A. If a local school board proposes to lease-purchase education technology equipment on its own determination, it shall comply with the requirements of Subsections B, C and E of this section.
B. At a regular meeting or at a special meeting called for the purpose of considering the lease-purchase of education technology equipment, a local school board shall:
(1) make a determination of the necessity for lease-purchasing the education technology equipment;
(2) determine the estimated cost of the equipment needed;
(3) review a summary of the terms of the proposed lease-purchase agreement;
(4) identify the source of funds for the lease-purchase payments;
(5) if all or part of the funds needed requires or anticipates the imposition of a property tax, determine the estimated rate of the tax and what, if any, the percentage increase in property taxes for real property owners in the school district;
(6) set a date not more than four weeks and not less than three weeks in the future for a special meeting to consider a resolution granting final approval to the lease-purchase of education technology equipment; and
(7) direct that notice of the special meeting be published once each week for the two weeks immediately preceding the meeting in a newspaper having general circulation in the school district and that the notice include the information required in Paragraphs (1) through (5) of this subsection.
C. At the special meeting scheduled pursuant to Subsection B of this section, the local school board may adopt a final resolution approving the lease-purchase of education technology equipment only by an affirmative vote of majority of all members of the board.
D. If after consideration of the need for education technology equipment, the local school board decides to seek voter approval of the question to incur debt for a lease-purchase arrangement for the equipment, it shall follow the procedures in the School Election Law and meet the other requirements of this section. If the voters reject the question of incurring debt for education technology equipment, the local school board shall not enter into a lease-purchase arrangement for education technology equipment for at least one year.
[D.] E. The local school board shall not adopt a resolution for or approve a lease-purchase agreement that exceeds five years."
SECTION 3. Section 6-15A-14 NMSA 1978 (being Laws 1997, Chapter 193, Section 14) is amended to read:
"6-15A-14. CUMULATIVE AND COMPLETE AUTHORITY.--
A. The Education Technology Equipment Act shall be deemed to provide an additional and alternative method for acquiring education technology equipment [authorized thereby] and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as a derogation of any powers now existing. The Education Technology Equipment Act shall be deemed to provide complete authority for acquiring education technology equipment and entering into lease-purchase arrangements [contemplated thereby and]. No other approval of any state agency or officer, except as provided [therein] in that act, shall be required with respect to any lease-purchase arrangements and the local school board acting [thereunder] pursuant to provisions of that act need not comply with the requirements of any other law applicable to the issuance of debt by school districts.
B. Nothing in Subsection A of this section shall prohibit a local school board from submitting the question of lease-purchase of education technology equipment to the voters of the school district."
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