2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 25 - Public School Capital Improvements › Section 22-25-3 - Authorization for local school board to submit question of capital improvements tax imposition.

A. A local school board may adopt a resolution to submit to the qualified electors of the school district the question of whether a property tax should be imposed upon the net taxable value of property allocated to the school district under the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978] at a rate not to exceed that specified in the resolution for the purpose of capital improvements in the school district. The resolution shall:
(1) identify the capital improvements for which the revenue proposed to be produced will be used;
(2) specify the rate of the proposed tax, which shall not exceed two dollars ($2.00) on each one thousand dollars ($1,000) of net taxable value of property allocated to the school district under the Property Tax Code;
(3) limit the imposition of the proposed tax to no more than six property tax years; and
(4) indicate the regular election on which the ballot question shall appear or specify the date a special election will be held to submit the question of imposition of the tax to the qualified electors of the district.
B. A school district that has one or more charter schools located within the school district boundaries shall collaborate with the charter schools to establish a process through which the charter schools submit necessary information to the school district for inclusion in the resolution. This process shall include:
(1) identification of the capital improvements of the charter school for which the revenue proposed to be produced will be used;
(2) a requirement that necessary information be submitted to the school district no later than June 1 of the calendar year in which the local school board will consider the resolution; and
(3) the point of contact in the school district to which the charter school is to submit the information.
C. A resolution submitted to the qualified electors pursuant to Subsection A of this section shall include capital improvements funding for a locally chartered or state-chartered charter school located within the school district if the charter school has complied with the process outlined in Subsection B of this section.
History:
1953 Comp., § 77-25-3, enacted by Laws 1975 (S.S.), ch. 5, § 3; 1986, ch. 32, § 21; 1997, ch. 138, § 1; 2003, ch. 147, § 6; 2009, ch. 258, § 9; 2019, ch. 212, § 222; 2022, ch. 19, § 4.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, specified the date by which charter schools must provide information on capital improvement projects proposed for funding through property tax imposition; added new Subsection B and redesignated former Subsection B as Subsection C; and in Subsection C, after "if the charter school", deleted "timely provides the necessary information to the school district for inclusion in the resolution that identifies the capital improvements of the charter school for which the revenue proposed to be produced will be used" and added "has complied with the process outlined in Subsection B of this section".
The 2019 amendment,
effective April 3, 2019, revised the required contents of a resolution on the question of whether a property tax should be imposed for the purpose of funding capital improvements in a school district; in Subsection A, deleted former Paragraph A(3) and redesignated former Paragraph A(4) as Paragraph A(3), and added new Paragraph A(4); in Subsection B, deleted "On or after July 1, 2009".
The 2009 amendment,
effective April 8, 2009, added Subsection B.
The 2003 amendment,
effective April 4, 2003, substituted "six property tax years" for "four property tax years" at the end of Subsection D.
The 1997 amendment,
effective June 20, 1997, substituted "four" for "three" in Subsection D.
Capital improvements tax revenues for teacher housing.
— A local school district may use capital improvement tax revenues authorized by 22-25-2 and 22-25-3 NMSA 1978 for the purpose of "erecting, remodeling, making additions to, providing equipment for or furnishing school buildings and pre-kindergarten classroom facilities" for the construction and renovation of teacher housing.
Use of General Obligation Bond Proceeds and Public School Capital Improvements Act Revenue for Construction of Teacher Housing
(12/1/2022), Att'y Gen. Adv. Ltr. 2022-13,
overruling
1981 N.M. Att'y Gen. 81-01.