HB 254 — DISTRIBUTIONS TO SCHOOL DISTRICTS

h r i s (1) the amount calculated pursuant to h , e h Subsection D of this section per program unit;

and] t u g e b l e e , gh A.

Except as provided in Subsection E of this n d d i = = o h section, for each year that a capital improvements tax is l ] b ,d i a º r imposed by a school district, the secretary shall distribute e r = t e w d m a n o from the public school capital improvements fund to the school d m :

b r e t º o t n = .216808.1AIC February 11, 2020 (3:44pm) s k m e - 6 - e a n e d r e l u [ A d district an amount equal to the greater of:

and 3) multiplied further by the sum calculated pursuant to Subsection B of this sectionsection; HECºper program unit»HEC;

and in each subsequent fiscal year, the amount for the previous fiscal year adjusted by the percentage increase between the next preceding calendar year and the preceding calendar year of the consumer price index for the United States, all items, as published by the United States department h of labor;

g o t hr (b) multiplied by the school district's g e i k program units;

and h r i s (c) multiplied further by the tax rate h , t, imposed by the school district.

eHB u254/a gPage e5 b l e e h B.

The amount in Item 3) of Subparagraph (a) of n d d i = = o h Paragraph (1) of Subsection A of this section shall be equal to l ] b ,d i a º e the sum of:

r i = r t e w d m a n o (1) for fiscal year 2021, eighty-nine dollars dtwenty-five mcents :($89.25);

b e d s º o t n = .216808.1AIC February 11, 2020 (3:44pm) s k m e - 7 - e a n e d r e l u [ A d twenty-five cents ($89.25);

provided that the sum of the amount calculated pursuant to this h paragraph plus the amount in Paragraph (1) of this subsection u » r shall not result in a total statewide distribution that, in the t h g e l i opinion of the council, exceeds one-half of the total revenue h r i s estimated to be received from taxes imposed pursuant to the hPublic ,School eCapital hHB Public254/a SchoolPage Capital6 Improvements Act.

tC. u g e b l e e , gh [C.

ForIf anya fiscaldistribution yearis notwithstandingmade the amount n d d i = = o h calculated to bea distributedschool district pursuant to SubsectionsSubsection A and B of l ] b ,d i a º r this section, exceptthe assecretary providedshall inmake Subsectionan Gadditional ofdistribution thisfrom ethe rpublic =school tcapital eimprovements wfund dto mthe aschool ndistrict oin section,an aamount schoolequal district,to the votersproduct ofof: which have approved a d m :

b r e t º o t n = .216808.1AIC February 11, 2020 (3:44pm) s k m e - 8 - e a n e d r e l u [ A d tax pursuant to Section 22-25-3 NMSA 1978, shall not receive a distribution less than the amount calculated pursuant to Subsection E of this section multiplied by the average of the school district's prior year second and third reporting dates' total program units and further multiplying the product obtained by the approved tax rate.

D.

For purposes of calculating the distribution pursuant to Subsection B of this section, the amount used in Paragraph (1) of that subsection shall equal seventy dollars ($70.00) in fiscal year 2008 and in each subsequent fiscal year shall equal the amount for the previous fiscal year adjusted by the percentage increase between the next preceding calendar year and the preceding calendar year of the consumer price index for the United States, all items, as published by the United States department of labor.

E.

For purposes of calculating the minimum h distribution pursuant to Subsection C of this section, the u » r amount used in that subsection shall equal five dollars ($5.00) t h g e l i through fiscal year 2005 and in each subsequent fiscal year h r i s shall equal the amount for the previous fiscal year adjusted by h , e h the percentage increase between the next preceding calendar t u g e b l e e , gh year and the preceding calendar year of the consumer price n d d i = = o h index for the United States, all items, as published by the l ] b ,d i a º r United States department of labor.] e r = t e w d m a n o C.

If a distribution is made to a school district d m :

b r e t º o t n = .216808.1AIC February 11, 2020 (3:44pm) s k m e - 9 - e a n e d r e l u [ A d pursuant to Subsection A of this section, the secretary shall make an additional distribution from the public school capital improvements fund to the school district in an amount equal to the product of:

[F.] D.

In expending distributions made pursuant to this section, school districts and charter schools shall give priority to maintenance projects, including payments under contracts with regional education cooperatives for maintenance h support services.

In addition, distributions made pursuant to g o t hr this section may be expended by school districts and charter g e i k schools as follows, but no distribution from the public school h r i s capital improvements fund may be used for capital improvements h , t, to any administration building of a school district:

e u g e b l e e h (1) for the school district portion of the nHB d254/a dPage i7 = = o h total project cost for roof repair or replacement required by l ] b ,d i a º e Section 22-24-4.3 NMSA 1978;

or r(2) ifor =the rschool tdistrict eportion wof dpayments mmade under a nfinancing oagreement (2)entered into by a school district or a charter school for the leasing of a building or other real property with an option to purchase for a price that is reduced according to the payments made, if the school district portionhas received a grant for the state share of dthe mpayments :pursuant to Subsection D of Section 22-24-5 NMSA 1978.

bE. e d s º o t n = .216808.1AIC February 11, 2020 (3:44pm) s k m e - 10 - e a n e d r e l u [ A d payments made under a financing agreement entered into by a school district or a charter school for the leasing of a building or other real property with an option to purchase for a price that is reduced according to the payments made, if the school district has received a grant for the state share of the payments pursuant to Subsection D of Section 22-24-5 NMSA 1978.

[G.In the event that sufficient funds are not available in the public school capital improvements fund to make the distributions pursuant to this section, the dollar per program unit figure shall be reduced as necessary.

IfF. a serious deficiency in a roof of a public school facility has been corrected pursuant to Section 22-24-4.4 NMSA 1978 and the school district has refused to pay its share of the cost as determined by that section, until the public school capital outlay fund is reimbursed in full for the share attributed to the district, the distribution calculated pursuant to this section shall not be made to the school district but shall be made to the public school capital outlay fund.] E.

InA theportion eventof thateach sufficientdistribution fundsmade areby not h available in the publicstate schoolpursuant capitalto improvementsthis fundsection toshall ube »further rdistributed makeby the distributionsschool pursuantdistrict to thiseach section,locally thechartered dollaror perstate-chartered tcharter hschool glocated ewithin lthe ischool programdistrict. unit figure shall be reduced as necessary.

hThe ramount ito sbe [H.]distributed F.to each charter school shall be in the same proportion as the average full- time-equivalent enrollment of the charter school on the second and third reporting dates of the prior school year is to the total such enrollment in the school district;

Aprovided portionthat, ofin eachdetermining distribution made by the h , e h state pursuant to this section [on or after July 1, 2009 ] shall t u g e b l e e , gh be further distributed by the school districtdistrict's tototal eachenrollment, locally n d d i = = o h chartered or state-chartered charter school students located within the lschool ]district bHB ,d254/a iPage a8 ºshall rbe schoolincluded; district.

The amount to be distributed to each charter e r = t e w d m a n o school shall be in the same proportion as the average full- d m :

b r e t º o t n = .216808.1AIC February 11, 2020 (3:44pm) s k m e - 11 - e a n e d r e l u [ A d time-equivalent enrollment of the charter school on the second and third reporting dates of the prior school year is to the total such enrollment in the school district;

provided that, in determining the school district's total enrollment, charter school students located within the school district shall be included;

except that if capital improvements for the charter school were not identified in a resolution approved by the electors, the charter school may expend the distribution for any capital improvements, including those h specified in Subsection [F ] D of this section.

uG. » r [I.

In determiningmaking adistributions school district's total t h g e l i program units pursuant to Subsectionsthis Asection, andthe Csecretary ofshall thisinclude sectionsuch hreporting rrequirements i s and aconditions schoolas district'sare totalrequired enrollmentby pursuantrule to Subsection h , e h H of thisthe section,public students attending a state-chartered charter t u g e b l e e , gh school withincapital theoutlay schoolcouncil. district shall be included.

n d d i = = o h J.] G.

In making distributions pursuant to this l ] b ,d i a º r section, the secretary shall include such reporting e r = t e w d m a n o requirements and conditions as are required by rule of the d m :

b r e t º o t n = .216808.1AIC February 11, 2020 (3:44pm) s k m e - 12 - e a n e d r e l u [ A d public school capital outlay council.

HB 254/a Page 9 (1) "capital improvements tax" means the tax authorized pursuant to the Public School Capital Improvements Act;

(3) "program units" means a school district's h final program units determined pursuant to Sections 22-8-19, u » r 22-8-20 through 22-8-23.1 and 22-8-23.3 NMSA 1978 generated in t h g e l i the previous fiscal year, including such program units h r i s generated by a charter school located within the school h , e h district;

and t u g e b l e e , gh (4) "tax rate" means the rate HECºofapproved by the nqualified delectors din ithe =most =recent oelection hon capital improvements tax as certified by the departmentquestion of limposing ] b ,d i a ºtax r finance and administration pursuant to Section 22-25-7 NMSA e r = t e w d m a n o 1978."»HEC HECºapproved by the qualifiedPublic electorsSchool inCapital theImprovements mostAct." dSECTION m4. :

b r e t º o t n = .216808.1AIC February 11, 2020 (3:44pm) s k m e - 13 - e a n e d r e l u [ A d recent election on the question of imposing a tax pursuant to the Public School Capital Improvements Act."»HEC SECTION 4.

-HB 14254/a -Page »10 g25 o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .216808.1AIC February 11, 2020 (3:44pm) s k em e e a n e d r e l u [ A d