New Mexico 2020 Regular Session Status: Passed Senate 1 D cosponsors

SB 159 — DISTRIBUTIONS TO SCHOOL DISTRICTS

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    Enacted

This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

582 added · 486 removed

Plain-language change summary

The amendments to Senate Bill 159 mainly clarify that specific amounts will be adjusted for state distributions to school districts that have a public school capital improvements tax and charter schools within those districts. Additionally, the bill creates an extra funding distribution for these entities and eliminates an outdated section of law. These changes are important because they aim to improve financial support for schools, ensuring they have the resources needed for necessary improvements.

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SENATE BILL 159 54TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 INTRODUCED BY Mimi Stewart 6 8 FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE 10 AN ACT RELATING TO SCHOOL DISTRICTS;
SENATE BILL 159 54TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 INTRODUCED BY Mimi Stewart This document incorporates amendments that have been adopted during the current legislative session.
ADJUSTING AMOUNTS TO BE USED IN CALCULATING STATE DISTRIBUTIONS TO SCHOOL DISTRICTS THAT IMPOSE A PUBLIC SCHOOL CAPITAL IMPROVEMENTS TAX AND TO CHARTER SCHOOLS 14 WITHIN THOSE SCHOOL DISTRICTS;
The document is a tool to show the amendments in context and is not to be used for the purpose of amendments.
CREATING AN ADDITIONAL DISTRIBUTION TO THOSE SCHOOL DISTRICTS AND CHARTER SCHOOLS;
FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE AN ACT RELATING TO SCHOOL DISTRICTS;
REPEALING AN OUTDATED SECTION OF LAW.
ADJUSTING AMOUNTS TO BE USED IN h CALCULATING STATE DISTRIBUTIONS TO SCHOOL DISTRICTS THAT IMPOSE g o A PUBLIC SCHOOL CAPITAL IMPROVEMENTS TAX AND TO CHARTER SCHOOLS t hr g e i k WITHIN THOSE SCHOOL DISTRICTS;
e t 17 w l n d 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
CREATING AN ADDITIONAL h r i s DISTRIBUTION TO THOSE SCHOOL DISTRICTS AND CHARTER SCHOOLS;
= = 19 SECTION 1.
h , t, REPEALING AN OUTDATED SECTION OF LAW.
Section 22-25-2 NMSA 1978 (being Laws 1975 a l i a e r 20 (S.S.), Chapter 5, Section 2, as amended) is amended to read:
e u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
a t m m 21 "22-25-2.
l ] b ,d i a º e SECTION 1.
[DEFINITIONS ] DEFINITION.--As used in the d r e 22 Public School Capital Improvements Act, c e s k 23 [A.
Section 22-25-2 NMSA 1978 (being Laws 1975 r i = r t e w d m a n o (S.S.), Chapter 5, Section 2, as amended) is amended to read:
"program unit" means the product of the program e a n b 24 element multiplied by the applicable cost differential factor, u [ as defined in Section 22-8-2 NMSA 1978;
d m :
and .216626.3 B.] "capital improvements" means expenditures, including payments made with respect to lease-purchase arrangements as defined in the Education Technology Equipment Act or the Public School Lease Purchase Act but excluding any other debt service expenses, for:
b e d s º o t n = .216626.3AIC February 6, 2020 (9:48am) s k m e e a n e d r e l u [ A d "22-25-2.
[(1)] A.
[DEFINITIONS] DEFINITION.--As used in the Public School Capital Improvements Act, [A.
"program unit" means the product of the program element multiplied by the applicable cost differential factor, as defined in Section 22-8-2 NMSA 1978;
and B.] "capital improvements" means expenditures, including payments made with respect to lease-purchase arrangements as defined in the Education Technology Equipment Act or the Public School Lease Purchase Act but excluding any other debt service expenses, for:
[(1) ] A.
[(2)] B.
[(2) ] B.
[(3)] C.
[(3) ] C.
maintenance of public school buildings or public school or pre-kindergarten grounds, including the purchasing or repairing of maintenance equipment and participating in the facility information management system as required by the Public School Capital Outlay Act and including payments under contracts with regional education cooperatives e e 17 for maintenance support services and expenditures for technical e e n d 18 training and certification for maintenance and facilities = = l ] 19 management personnel, but excluding salary expenses of school a l r i 20 district employees;
maintenance of public school buildings or h public school or pre-kindergarten grounds, including the g o t hr purchasing or repairing of maintenance equipment and g e i k participating in the facility information management system as h r i s required by the Public School Capital Outlay Act and including h , t, payments under contracts with regional education cooperatives e u g e b l e e h for maintenance support services and expenditures for technical n d d i = = o h training and certification for maintenance and facilities l ] b ,d i a º e management personnel, but excluding salary expenses of school r i = r t e w d m a n o district employees;
t e a t [(4)] D.
d m :
purchasing activity vehicles for m m 21 e d r e 22 transporting students to extracurricular school activities;
b e d s º o t n = .216626.3AIC February 6, 2020 (9:48am) s k m e - 2 - e a n e d r e l u [ A d [(4)] D.
c e r c 23 [(5)] E.
purchasing activity vehicles for transporting students to extracurricular school activities;
purchasing computer software and hardware e a n b 24 for student use in public school classrooms;
[(5) ] E.
and u [ [(6)] F.
purchasing computer software and hardware for student use in public school classrooms;
purchasing and installing education .216626.3 - 2 - technology improvements, excluding salary expenses of school district employees, but including tools used in the educational process that constitute learning and administrative resources, and that may also include:
and [(6) ] F.
] (1) satellite, copper and fiber-optic [(a) transmission;
purchasing and installing education technology improvements, excluding salary expenses of school district employees, but including tools used in the educational process that constitute learning and administrative resources, and that may also include:
[(a)] (1) satellite, copper and fiber-optic transmission;
and the purchase or lease of software licenses or other technologies and services, maintenance, equipment and computer infrastructure information, techniques and tools used to implement technology in schools and related facilities;
and the purchase or lease of software licenses or other technologies and services, maintenance, equipment and h computer infrastructure information, techniques and tools used g o t hr to implement technology in schools and related facilities;
and [(b)] (2) improvements, alterations and modifications to, or expansions of, existing buildings or tangible personal property necessary or advisable to house or e e 17 otherwise accommodate any of the tools listed in this e e n d 18 [paragraph] subsection." = = l ] 19 SECTION 2.
and g e i k [(b)] (2) improvements, alterations and h r i s modifications to, or expansions of, existing buildings or h , t, tangible personal property necessary or advisable to house or e u g e b l e e h otherwise accommodate any of the tools listed in this n d d i = = o h [paragraph ] subsection." l ] b ,d i a º e SECTION 2.
Section 22-25-7 NMSA 1978 (being Laws 1975 a l r i 20 (S.S.), Chapter 5, Section 7, as amended) is amended to read:
Section 22-25-7 NMSA 1978 (being Laws 1975 r i = r t e w d m a n o (S.S.), Chapter 5, Section 7, as amended) is amended to read:
t e a t "22-25-7.
d m :
IMPOSITION OF TAX--LIMITATION ON m m 21 e d r e 22 EXPENDITURES.-- c e r c 23 A.
b e d s º o t n = .216626.3AIC February 6, 2020 (9:48am) s k m e - 3 - e a n e d r e l u [ A d "22-25-7.
If as a result of an election held in accordance e a n b 24 with the Public School Capital Improvements Act a majority of u [ the qualified electors voting on the question votes in favor of .216626.3 - 3 - the imposition of the tax, the tax rate shall be certified, unless the local school board requests by resolution that a rate be discontinued, by the department of finance and administration at the rate specified in the resolution authorized under Section 22-25-3 NMSA 1978 or at any lower rate required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon the rate specified in the resolution and be imposed at the rate certified in accordance with the provisions of the Property Tax Code.
IMPOSITION OF TAX--LIMITATION ON EXPENDITURES.-- A.
If as a result of an election held in accordance with the Public School Capital Improvements Act a majority of the qualified electors voting on the question votes in favor of the imposition of the tax, the tax rate shall be certified, unless the local school board requests by resolution that a rate be discontinued, by the department of finance and administration at the rate specified in the resolution authorized under Section 22-25-3 NMSA 1978 or at any lower rate required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon the rate specified in the resolution and be imposed at the rate certified in accordance with the provisions of the Property Tax Code.
The revenue produced by the tax and, except as provided in [Subsection F, G or H ] Subsections D and F of Section 22-25-9 NMSA 1978, any state distribution resulting to the district under the Public School Capital Improvements Act shall be expended only for the capital improvements specified in the authorizing resolution.
The revenue produced by the tax and, except as provided in [Subsection F, G or H ] Subsections D and F of h Section 22-25-9 NMSA 1978, any state distribution resulting to u » r the district under the Public School Capital Improvements Act t h g e l i shall be expended only for the capital improvements specified h r i s in the authorizing resolution.
C.
h , e h C.
The amount of tax revenue to be distributed to e e 17 each charter school that was included in the resolution shall e e n d 18 be determined each year and shall be in the same proportion as = = l ] 19 the average full-time-equivalent enrollment of the charter a l r i 20 school on the first reporting date of the prior school year is t e a t to the total such enrollment in the school district;
The amount of tax revenue to be distributed to t u g e b l e e , gh each charter school that was included in the resolution shall n d d i = = o h be determined each year and shall be in the same proportion as l ] b ,d i a º r the average full-time-equivalent enrollment of the charter e r = t e w d m a n o school on the first reporting date of the prior school year is d m :
provided m m 21 e d r e 22 that, in determining the school district's total enrollment, c e r c 23 charter school students located within the school district e a n b 24 shall be included;
b r e t º o t n = .216626.3AIC February 6, 2020 (9:48am) s k m e - 4 - e a n e d r e l u [ A d to the total such enrollment in the school district;
and provided further that no distribution u [ shall be made to an approved charter school that had not .216626.3 - 4 - commenced classroom instruction in the prior school year.
provided that, in determining the school district's total enrollment, charter school students located within the school district shall be included;
and provided further that no distribution shall be made to an approved charter school that had not commenced classroom instruction in the prior school year.
STATE DISTRIBUTION TO SCHOOL DISTRICT IMPOSING TAX UNDER CERTAIN CIRCUMSTANCES.-- [A.
STATE DISTRIBUTION TO SCHOOL DISTRICT IMPOSING TAX UNDER CERTAIN CIRCUMSTANCES.-- h [A.
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Except as provided in Subsection C or G of this section, the secretary shall distribute to any school district that has imposed a tax under the Public School Capital Improvements Act an amount from the public school capital improvements fund that is equal to the amount by which the e e 17 revenue estimated to be received from the imposed tax, using e e n d 18 prior year valuations, at the rate certified by the department = = l ] 19 of finance and administration in accordance with Section a l r i 20 22-25-7 NMSA 1978, assuming a one hundred percent collection t e a t rate, is less than an amount calculated by multiplying an m m 21 e d r e 22 average of the school district's prior year second and third c e r c 23 reporting dates' total program units by the amount specified in e a n b 24 Subsection B of this section and further multiplying the u [ product obtained by the tax rate approved by the qualified .216626.3 - 5 - electors in the most recent election on the question of imposing a tax under the Public School Capital Improvements Act.
Except as provided in Subsection C or G of this u » r section, the secretary shall distribute to any school district t h g e l i that has imposed a tax under the Public School Capital h r i s Improvements Act an amount from the public school capital h , e h improvements fund that is equal to the amount by which the t u g e b l e e , gh revenue estimated to be received from the imposed tax, using n d d i = = o h prior year valuations, at the rate certified by the department l ] b ,d i a º r of finance and administration in accordance with Section e r = t e w d m a n o 22-25-7 NMSA 1978, assuming a one hundred percent collection d m :
b r e t º o t n = .216626.3AIC February 6, 2020 (9:48am) s k m e - 5 - e a n e d r e l u [ A d rate, is less than an amount calculated by multiplying an average of the school district's prior year second and third reporting dates' total program units by the amount specified in Subsection B of this section and further multiplying the product obtained by the tax rate approved by the qualified electors in the most recent election on the question of imposing a tax under the Public School Capital Improvements Act.
provided that no state distribution from the public school capital 6 improvements fund may be used for capital improvements to any administration building of a school district.
provided that no state distribution from the public school capital improvements fund may be used for capital improvements to any administration building of a school district.
B.
h B.
In calculating the state distribution pursuant to Subsection A of this section, the following amounts shall be used:
In calculating the state distribution pursuant u » r to Subsection A of this section, the following amounts shall be t h g e l i used:
(1) the amount calculated pursuant to Subsection D of this section per program unit;
h r i s (1) the amount calculated pursuant to h , e h Subsection D of this section per program unit;
and] e e 17 A.
and] t u g e b l e e , gh A.
Except as provided in Subsection E of this e e n d 18 section, for each year that a capital improvements tax is = = l ] 19 imposed by a school district, the secretary shall distribute a l r i 20 from the public school capital improvements fund to the school t e a t district an amount equal to the greater of:
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 :
m m 21 e d r e 22 (1) the difference between:
b r e t º o t n = .216626.3AIC February 6, 2020 (9:48am) s k m e - 6 - e a n e d r e l u [ A d district an amount equal to the greater of:
c e r c 23 (a) the product of:
(1) the difference between:
1) the school e a n b 24 district's program units;
(a) the product of:
2) multiplied by the tax rate imposed u [ by the school district;
1) the school district's program units;
and 3) multiplied further by the sum .216626.3 - 6 - calculated pursuant to Subsection B of this section per program unit;
2) multiplied by the tax rate imposed by the school district;
and 3) multiplied further by the sum calculated pursuant to Subsection B of this section SECºper program unit»SEC;
6 (a) five dollars ($5.00) for fiscal year 2021;
(a) five dollars ($5.00) for fiscal year 2021;
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 of labor;
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;
(b) multiplied by the school district's program units;
g o t hr (b) multiplied by the school district's g e i k program units;
and (c) multiplied further by the tax rate imposed by the school district.
and h r i s (c) multiplied further by the tax rate h , t, imposed by the school district.
e e 17 B.
e u g e b l e e h B.
The amount in Item 3) of Subparagraph (a) of e e n d 18 Paragraph (1) of Subsection A of this section shall be equal to = = l ] 19 the sum of:
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:
a l r i 20 (1) for fiscal year 2021, eighty-nine dollars t e a t twenty-five cents ($89.25);
r i = r t e w d m a n o (1) for fiscal year 2021, eighty-nine dollars d m :
and for fiscal year 2022 and each m m 21 e d r e 22 subsequent fiscal year, the amount for the previous fiscal year c e r c 23 adjusted by the percentage increase between the next preceding e a n b 24 calendar year and the preceding calendar year of the consumer u [ price index for the United States, all items, as published by .216626.3 - 7 - the United States department of labor;
b e d s º o t n = .216626.3AIC February 6, 2020 (9:48am) s k m e - 7 - e a n e d r e l u [ A d twenty-five cents ($89.25);
and for fiscal year 2022 and 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 of labor;
provided that the sum of the amount calculated pursuant to this paragraph plus the amount in Paragraph (1) of this subsection shall not result in a total statewide distribution that, in the opinion of the council, exceeds one-half of the total revenue estimated to be received from taxes imposed pursuant to the Public School Capital Improvements Act.
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 h , e h Public School Capital Improvements Act.
e e 17 [C.
t u g e b l e e , gh [C.
For any fiscal year notwithstanding the amount e e n d 18 calculated to be distributed pursuant to Subsections A and B of = = l ] 19 this section, except as provided in Subsection G of this a l r i 20 section, a school district, the voters of which have approved a t e a t tax pursuant to Section 22-25-3 NMSA 1978, shall not receive a m m 21 e d r e 22 distribution less than the amount calculated pursuant to c e r c 23 Subsection E of this section multiplied by the average of the e a n b 24 school district's prior year second and third reporting dates' u [ total program units and further multiplying the product .216626.3 - 8 - obtained by the approved tax rate.
For any fiscal year notwithstanding the amount n d d i = = o h calculated to be distributed pursuant to Subsections A and B of l ] b ,d i a º r this section, except as provided in Subsection G of this e r = t e w d m a n o section, a school district, the voters of which have approved a d m :
b r e t º o t n = .216626.3AIC February 6, 2020 (9:48am) 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.
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 6 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.
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.
For purposes of calculating the minimum distribution pursuant to Subsection C of this section, the amount used in that subsection shall equal five dollars ($5.00) through fiscal year 2005 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 e e 17 year and the preceding calendar year of the consumer price e e n d 18 index for the United States, all items, as published by the = = l ] 19 United States department of labor.] a l r i 20 C.
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 t e a t pursuant to Subsection A of this section, the secretary shall m m 21 e d r e 22 make an additional distribution from the public school capital c e r c 23 improvements fund to the school district in an amount equal to e a n b 24 the product of:
If a distribution is made to a school district d m :
u [ (1) fifty-three dollars ($53.00);
b r e t º o t n = .216626.3AIC February 6, 2020 (9:48am) 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:
.216626.3 - 9 - (2) multiplied by the sum of the school district's program units;
(1) fifty-three dollars ($53.00);
(2) multiplied by the sum of the school district's program units;
and 6 (4) multiplied further by the tax rate imposed by the school district.
and (4) multiplied further by the tax rate imposed by the school district.
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 support services.
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 this section may be expended by school districts and charter schools as follows, but no distribution from the public school capital improvements fund may be used for capital improvements to any administration building of a school district:
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 e 17 (1) for the school district portion of the e e n d 18 total project cost for roof repair or replacement required by = = l ] 19 Section 22-24-4.3 NMSA 1978;
e u g e b l e e h (1) for the school district portion of the n d d i = = 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 a l r i 20 (2) for the school district portion of t e a t payments made under a financing agreement entered into by a m m 21 e d r e 22 school district or a charter school for the leasing of a c e r c 23 building or other real property with an option to purchase for e a n b 24 a price that is reduced according to the payments made, if the u [ school district has received a grant for the state share of the .216626.3 - 10 - payments pursuant to Subsection D of Section 22-24-5 NMSA 1978.
or r i = r t e w d m a n o (2) for the school district portion of d m :
b e d s º o t n = .216626.3AIC February 6, 2020 (9:48am) 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.
If 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 6 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.
If 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.
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.
In the event that sufficient funds are not h available in the public school capital improvements fund to u » r make the distributions pursuant to this section, the dollar per t h g e l i program unit figure shall be reduced as necessary.
[H.] F.
h r i s [H.] F.
A portion of each distribution made by the ] shall state pursuant to this section [on or after July 1, 2009 e e 17 be further distributed by the school district to each locally e e n d 18 chartered or state-chartered charter school located within the = = l ] 19 school district.
A portion of each 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 district to each locally n d d i = = o h chartered or state-chartered charter school located within the l ] b ,d i a º r school district.
The amount to be distributed to each charter a l r i 20 school shall be in the same proportion as the average full- t e a t time-equivalent enrollment of the charter school on the second m m 21 e d r e 22 and third reporting dates of the prior school year is to the c e r c 23 total such enrollment in the school 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 :
provided that, in e a n b 24 determining the school district's total enrollment, charter u [ school students located within the school district shall be .216626.3 - 11 - included;
b r e t º o t n = .216626.3AIC February 6, 2020 (9:48am) 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 specified in Subsection [F ] D of this section.
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.
[I.
u » r [I.
In determining a school district's total program units pursuant to Subsections A and C of this section and a school district's total enrollment pursuant to Subsection H of this section, students attending a state-chartered charter e e 17 school within the school district shall be included.
In determining a school district's total t h g e l i program units pursuant to Subsections A and C of this section h r i s and a school district's total enrollment pursuant to Subsection h , e h H of this section, students attending a state-chartered charter t u g e b l e e , gh school within the school district shall be included.
e e n d 18 J.] G.
n d d i = = o h J.] G.
In making distributions pursuant to this = = l ] 19 section, the secretary shall include such reporting a l r i 20 requirements and conditions as are required by rule of the t e a t public school capital outlay council.
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 :
The council shall adopt m m 21 e d r e 22 such requirements and conditions as are necessary to ensure c e r c 23 that the distributions are expended in the most prudent manner e a n b 24 possible and are consistent with the original purpose as u [ specified in the authorizing resolution.
b r e t º o t n = .216626.3AIC February 6, 2020 (9:48am) s k m e - 12 - e a n e d r e l u [ A d public school capital outlay council.
Copies of reports or .216626.3 - 12 - other information received by the secretary in response to the requirements and conditions shall be forwarded to the council.
The council shall adopt such requirements and conditions as are necessary to ensure that the distributions are expended in the most prudent manner possible and are consistent with the original purpose as specified in the authorizing resolution.
Copies of reports or other information received by the secretary in response to the requirements and conditions shall be forwarded to the council.
(1) "capital improvements tax" means the tax authorized pursuant to the Public School Capital Improvements 6 Act;
(1) "capital improvements tax" means the tax authorized pursuant to the Public School Capital Improvements Act;
(3) "program units" means a school district's final program units determined pursuant to Sections 22-8-19, 22-8-20 through 22-8-23.1 and 22-8-23.3 NMSA 1978 generated in the previous fiscal year, including such program units generated by a charter school located within the school district;
(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 e e 17 (4) "tax rate" means the rate of the capital e e n d 18 improvements tax as certified by the department of finance and = = l ] 19 administration pursuant to Section 22-25-7 NMSA 1978." a l r i 20 SECTION 4.
and t u g e b l e e , gh (4) "tax rate" means the rate SECºof the n d d i = = o h capital improvements tax as certified by the department of l ] b ,d i a º r finance and administration pursuant to Section 22-25-7 NMSA e r = t e w d m a n o 1978."»SEC SECºapproved by the qualified electors in the most d m :
REPEAL.--Section 22-24-4.4 NMSA 1978 (being t e a t Laws 2005, Chapter 274, Section 7, as amended) is repealed.
b r e t º o t n = .216626.3AIC February 6, 2020 (9:48am) 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."»SEC SECTION 4.
m m 21 e d r e 22 SECTION 5.
REPEAL.--Section 22-24-4.4 NMSA 1978 (being Laws 2005, Chapter 274, Section 7, as amended) is repealed.
EFFECTIVE DATE.--The effective date of the c e r c 23 provisions of this act is July 1, 2020.
SECTION 5.
e a n b 24 - 13 - u [ .216626.3
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.
- 14 - » g 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 = .216626.3AIC February 6, 2020 (9:48am) s k em e e a n e d r e l u [ A d
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Action History

  1. action postponed indefinitely

  2. DO PASS committee report adopted

  3. Sent to House Education Committee & House Taxation & Revenue Committee

  4. passed Senate

  5. DO PASS committee report adopted

  6. DO PASS, as amended, committee report adopted

  7. germane

  8. Sent to Senate Committees' Committee & Senate Education Committee & Senate Finance Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors SB 159?
SB 159 is sponsored by Mimi Stewart (Democrat).
What is the current status of SB 159?
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 159?
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