2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 26 - Public School Buildings › Section 22-26-3 - 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 at a rate not to exceed the rate specified in the resolution 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] for the purpose of capital improvements to public schools 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 ten dollars ($10.00) 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:
(1) the charter school has complied with the process outlined in Subsection B of this section; and
(2) the capital improvements are included in the five-year facilities plan:
(a) of the school district, if the charter school is a locally chartered charter school; or
(b) of the charter school, if the charter school is a state-chartered charter school.
History:
Laws 1983, ch. 163, § 3; 1986, ch. 32, § 26; 2007, ch. 366, § 20; 2019, ch. 212, § 228; 2022, ch. 19, § 5.
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 a new Subsection B and redesignated former Subsection B as Subsection C; and in Subsection C, Paragraph C(1), after "the charter school", deleted "timely provides the necessary information to the school district for inclusion on 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 list of required contents of a resolution on the question of whether a property tax should be imposed for the purpose of capital improvements to public schools in the school district; in Subsection A, deleted Paragraph A(3) and redesignated former Paragraph A(4) as Paragraph A(3), added new Paragraph A(4); and in Subsection B, deleted "After July 1, 2007".
The 2007 amendment,
effective July 1, 2007, added Paragraph (1) of Subsection A to require bond resolutions to identify the capital improvements and added Subsection B.