Authorization for local school board to submit question of

NMSA 1978, § 22-26-3 — under Article 26.

NMSA 1978, § 22-26-3

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.