22-25-2.  Definitions.

As used in the Public School Capital Improvements Act [22-25-1 NMSA 1978]:

     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 [6-15A-1 NMSA 1978] or the Public School Lease Purchase Act [22-26A-1 NMSA 1978] but excluding any other debt service expenses, for:

          (1) erecting, remodeling, making additions to, providing equipment for or furnishing public school buildings;

          (2) purchasing or improving public school grounds;

          (3) maintenance of public school buildings or public school grounds, including the purchasing or repairing of maintenance equipment, participating in the facility information management system as required by the Public School Capital Outlay Act [22-25-1 NMSA 1978] and including payments under contracts with regional education cooperatives for maintenance support services and expenditures for technical training and certification for maintenance and facilities management personnel, but excluding salary expenses of school district employees;

          (4) purchasing activity vehicles for transporting students to extracurricular school activities; or

          (5) purchasing computer software and hardware for student use in public school classrooms.

HISTORY:
1953 77-25-2, enacted by Laws 1975 (S.S.), ch. 5, § 2; 1981, ch. 314, § 1; 1989, ch. 159, § 1; 1996, ch. 67, § 2; 1999, ch. 89, § 2; 2004, ch. 125, § 12; 2006, ch. 95, § 9; 2007, ch. 366, § 13; 2009, ch. 258, § 8.

Amendment Notes. 

The 2004 amendment, effective May 19, 2004, in Paragraph B(3), substituted "including expenditures for technical training and certification for maintenance and facilities management personnel, but excluding" for "exclusive of".

The 2006 amendment, effective March 6, 2006, inserted "payments under contracts for maintenance support services and" in middle of Paragraph B(3).

The 2007 amendment, effective July 1, 2007, added Subsection B(2) and made related redesignations.

The 2009 amendment, effective April 8, 2009, in (B), added "or the Public School Lease Purchase Act" in the introductory language, deleted former (B)(2) which read: "payments made pursuant to 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 payments made," redesignated former (B)(3) through (B)(6) as (B)(2) through (B)(5) and in (B)(3), added "including the purchasing or repairing of maintenance equipment, participating in the facility information management system as required by the Public School Capital Outlay Act and" and added "with regional education cooperatives."

OPINIONS OF ATTORNEY GENERAL
      Teacher housing.

Revenues generated by school district general obligation bonds pursuant to this act may not be spent to construct teacher housing. 1981 Op. At´ty Gen. No. 81-1, 1981 N.M. AG LEXIS 24.