723 sections in this chapter.
NMSA 1978, § 6-15A-14 Cumulative and complete authority
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The Education Technology Equipment Act shall be deemed to provide an additional and alternative method for acquiring education technology equipment and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as a derogation of …
NMSA 1978, § 6-15A-15 Liberal interpretation
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The Education Technology Equipment Act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to the effect of the purposes of the act. History: Laws 1997, ch. 193, § 15.
NMSA 1978, § 6-15A-16 Severability
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If any part or application of the Education Technology Equipment Act is held invalid, the remainder or its application to other circumstances shall not be affected. History: Laws 1997, ch. 193, § 16.
NMSA 1978, § 6-15A-17 Charter schools; receipt of education technology
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equipment. On or after July 1, 2015, a school district that assumes a debt through a lease- purchase arrangement under the provisions of the Education Technology Equipment Act shall provide, to each eligible charter school in the school district, education technology equipment eq…
NMSA 1978, § 6-15A-2 Purpose
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The purpose of the Education Technology Equipment Act is to implement the provision of Article IX, Section 11 of the constitution of New Mexico, as approved by the voters of the state of New Mexico at the general election held in November, 1996, which declares that a school distr…
NMSA 1978, § 6-15A-3 Definitions
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As used in the Education Technology Equipment Act: A. "debt" means an obligation payable from ad valorem property tax revenues or the general fund of a school district and that may be secured by the full faith and credit of a school district and a pledge of its taxing powers; B. …
NMSA 1978, § 6-15A-4 Notice of proposed lease-purchase arrangements
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When a school district contemplates entering into a lease-purchase arrangement payable in whole or in part from ad valorem taxes, the local school board, before initiating any proceedings for approval of such lease-purchase arrangement, shall forward to the school budget planning…
NMSA 1978, § 6-15A-5 School budget planning unit of the state department of
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public education to furnish information, transcripts of proceedings and disposition. The school budget planning unit of the state department of public education, upon the receipt of the notice mentioned in Section 4 [6-15A-4 NMSA 1978] of the Education Technology Equipment Act sh…
NMSA 1978, § 6-15A-6 Tax levy for payment of lease-purchase agreement
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The officials charged by law with the duty of levying ad valorem taxes for the payment of bonds and interest shall, in the manner provided by law, make an annual levy sufficient to meet the payments due on lease-purchase arrangements. Annual payments due on lease-purchase arrange…
NMSA 1978, § 6-15A-7 Lease-purchase arrangements; terms
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Lease-purchase arrangements may: A. have interest, appreciated principal value, or any part thereof, payable at intervals or at maturity as may be determined by the local school board; B. be subject to prior redemption or prepayment at the option of the local school board as [at]…
NMSA 1978, § 6-15A-8 Authorizing lease-purchase of education technology
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equipment; preliminary resolution; contents; notice; final resolution of approval. A. If a local school board proposes to lease-purchase education technology equipment, it shall comply with the requirements of this section. B. At a regular meeting or at a special meeting called f…
NMSA 1978, § 6-15A-9 Publication of notice; validation; limitation of action
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A. After adoption of a resolution approving a lease-purchase arrangement, the local school board shall publish notice of the adoption of the resolution once in a newspaper of general circulation in the school district. B. After the passage of thirty days from the publication requ…
NMSA 1978, § 6-16-1 Short title
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This act [6-16-1 to 6-16-5 NMSA 1978] may be cited as the "2005 Public Securities Validation Act". History: Laws 2005, ch. 266, § 1.
NMSA 1978, § 6-16-2 Definitions
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As used in the 2005 Public Securities Validation Act: A. "public body" of the state means any state educational institution or other state institution, its board of regents or other governing body thereof constituting a body corporate, any county, city, town, village, school dist…
NMSA 1978, § 6-16-3 Validation
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All outstanding public securities of the state and of all public bodies thereof, and all acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the state or any public body thereof under law or color of law preliminary to and in the authoriz…
NMSA 1978, § 6-16-4 Effect and limitations
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The 2005 Public Securities Validation Act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken that the legislature could have supplied or provided for or can …
NMSA 1978, § 6-16-5 Construction
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This act [6-16-1 to 6-16-5 NMSA 1978] being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes. History: Laws 1988, ch. 85, § 5; 2005, ch. 266, § 5.
NMSA 1978, § 6-17-1 Income-producing buildings and improvements; authority to
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borrow funds. A. Boards of education and boards of regents of the various educational institutions of this state are authorized to borrow money, in conformity with the provisions of this article, for the purpose of purchasing, erecting, altering, improving, repairing, furnishing …
NMSA 1978, § 6-17-1.1 Definitions
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As used in Chapter 6, Article 17 NMSA 1978, "state educational institution" means the following: A. the university of New Mexico; B. the New Mexico state university; C. the New Mexico highlands university; D. the western New Mexico university; E. the eastern New Mexico university…
NMSA 1978, § 6-17-10 [Tax exemption of income-producing project bonds.]
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Bonds and all other evidences of indebtedness issued under the provisions of this act [6-17-1 to 6-17-13 NMSA 1978, except 6-17-1.1 NMSA 1978], shall forever be and remain free and exempt from taxation of this state and any subdivision thereof. History: Laws 1939, ch. 177, § 9; 1…
NMSA 1978, § 6-17-11 Security for income-producing bonds; rules and
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regulations. All money borrowed and bonds and other evidences of indebtedness issued under this act [6-17-1 to 6-17-13 NMSA 1978, except 6-17-1.1 NMSA 1978] shall be equally and ratably secured, without priority, by a lien on said net income in accordance with the terms of this a…
NMSA 1978, § 6-17-12 Debt against state not to be created by income-producing
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project bonds. No obligation created under this article shall ever be or become a charge or debt against the state, but all such obligations, including principal and interest, shall be payable solely from the net income derived from the buildings, facilities and improvements as i…
NMSA 1978, § 6-17-13 [Institutional bond statutes not affected by income
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producing bond law.] This act [6-17-1 to 6-17-13 NMSA 1978, except 6-17-1.1 NMSA 1978] shall not be construed as amending or repealing any existing acts authorizing the issuance of bonds by the board of regents of any such institution. History: Laws 1939, ch. 177, § 12; 1941 Comp…
NMSA 1978, § 6-17-14 Pledge of additional revenue
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A. Any board of education or board of regents issuing bonds under Chapter 73, Article 29 NMSA 1953 may, in addition to the revenues from the buildings and facilities erected or purchased under authority of Sections 6-17-1 through 6-17-13 NMSA 1978, pledge as security for the bond…
NMSA 1978, § 6-17-15 Refunding bonds; convertibility
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A. In addition to all other powers granted, any board of education or board of regents may issue bonds for the purpose of refunding, for not less than the principal amount of any bonds issued by it under Chapter 73, Article 29 NMSA 1953, or under any other law. The board may also…
NMSA 1978, § 6-17-16 [Validation.]
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That all bonds heretofore issued under authority of the act hereby amended, and the proceedings adopted for the authorization and issuance of such bonds, are hereby validated, ratified and confirmed, and all such bonds and proceedings are hereby found and declared to be fully val…
NMSA 1978, § 6-17-17 Refunding bonds
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A. No bonds may be refunded under Section 6-17-14 through 6-17-18 NMSA 1978, unless they mature or are callable for prior redemption under their terms within fifteen years from the date of issuance of the refunding bonds, or unless the holders voluntarily surrender them for excha…
NMSA 1978, § 6-17-18 Exchange of bonds
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In authorizing bonds, including refunding bonds, under Chapter 73, Article 29 NMSA 1953, any board may provide for exchange of any bonds issued for bonds of larger or smaller denominations in the authorizing resolution. Bonds in changed denominations shall be exchanged for the or…
NMSA 1978, § 6-17-19 Validation
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All bonds issued prior to the effective date of this section by any board of regents under authority of any law, and the proceedings for authorization and issuance of the bonds and the pledges made for their payment, are validated, ratified and confirmed. All such bonds and proce…
NMSA 1978, § 6-17-2 Resolution for issuance of bonds for income-producing
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projects. Whenever a county, independent rural, union high or municipal board of education or the board of regents of any state educational institution by the affirmative vote of a majority of its members, duly entered in the official minutes of such board, shall by resolution de…
NMSA 1978, § 6-17-3 Conditions of income-producing project bonds
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County, independent rural, union high and municipal boards of education or boards of regents may issue bonds or other evidence of indebtedness for the securing of the repayment of any and all money as borrowed, which shall not run for a longer period than forty years from their d…
NMSA 1978, § 6-17-4 Determination of charges relating to income-producing
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projects. Such board of regents shall be required to make such charges, including the imposition of student fees as above provided, for the use or availability of said building, improvement or facility purchased or erected hereunder and the furnishing of the services for which sa…
NMSA 1978, § 6-17-5 Determination of charges relating to income-producing
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projects. Such county, independent rural, union high and municipal board of education or board of regents shall be required to make such charges for the use of said building, improvement or facility purchased or erected hereunder and the furnishing of the services for which same …
NMSA 1978, § 6-17-6 Sale of income-producing project bonds; interest and
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retirement fund; separation of units. No bonds or other evidence of indebtedness authorized hereunder shall be sold for less than the par value thereof, plus accrued interest, and the proceeds from sale of all of said bonds and all money otherwise borrowed hereunder shall be paid…
NMSA 1978, § 6-17-7 Net income, gross income and operating and maintenance
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expenses of income-producing projects; definitions. The net income from the building, facility or improvement so erected, purchased or made shall be deemed to be the difference between the gross income derived from rentals, meals, charges for services and all other revenues from …
NMSA 1978, § 6-17-8 Records and expenditures for income-producing projects
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The board shall cause to be kept separate and complete records of all income and revenues from the building, facility or improvements and the use thereof and services rendered therewith; and all of the operating and maintenance expenses thereof, and none of said income and revenu…
NMSA 1978, § 6-17-9 Procedure prior to issuance of income-producing project
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bonds; approval of state board of finance or state board of education. Before any money is borrowed and any bonds or other evidence of indebtedness issued under this act [6-17-1 to 6-17-13 NMSA 1978, except 6-17-1.1 NMSA 1978], the board of regents of such institution shall submi…
NMSA 1978, § 6-18-1 Short title
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This act [6-18-1 to 6-18-16 NMSA 1978] may be cited as the "Public Securities Short-Term Interest Rate Act." History: Laws 1983, ch. 161, § 1.
NMSA 1978, § 6-18-10 General provisions
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A. The bond legislation for any bonds authorized under the Public Securities Short- Term Interest Rate Act may make or authorize provision for any of the following: (1) the call of the bonds for redemption prior to maturity at the option of the public body or at the option of the…
NMSA 1978, § 6-18-11 Costs
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The public body may pay the fees and expenses of, and costs for, agents, trustees, attorneys, credit facilities, placement and sale of bonds, and all other costs and expenses incurred in the authorization, issuance, sale, delivery, call, purchase, remarketing, registration, trans…
NMSA 1978, § 6-18-12 Provisions for interest payments; tax levy
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A. Subject to any applicable limitations on indebtedness, with respect to refunding bonds, there may be included in the principal amount, and paid from the proceeds, of bonds issued pursuant to the Public Securities Short-Term Interest Rate Act capitalized interest for three year…
NMSA 1978, § 6-18-13 Finding of necessity by local governments
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No public body shall exercise any of the powers conferred by the Public Securities Short-Term Interest Rate Act or issue any bonds pursuant hereto until after its local governing body shall have adopted a resolution finding that: A. the issuance of bonds under that act will resul…
NMSA 1978, § 6-18-14 Interest; refunding; approval by local government;
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additional findings. Bonds issued under the Public Securities Short-Term Interest Rate Act are not subject to any limitations on interest rates or net effective interest rates or interest rate approval requirements contained in any other laws of this state provided that: A. the b…
NMSA 1978, § 6-18-15 Liberal construction; alternative authority
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The authority granted by the Public Securities Short-Term Interest Rate Act shall be liberally construed so that the purposes and powers provided for may be carried out in effective, efficient and convenient manners by public bodies. The authority granted by that act is supplemen…
NMSA 1978, § 6-18-16 No action maintainable
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No action or proceeding, at law or in equity, to review any bond legislation, or to question the validity or enjoin the performance of any bond legislation, bond or act, or the issuance of any bond authorized by the Public Securities Short-Term Interest Rate Act, or for any other…
NMSA 1978, § 6-18-2 Findings and declarations of necessity
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A. It is found and declared that there exists a substantial financial market for a public body's public securities structured for short-term interest rates which traditionally bear a lesser rate of interest than long-term public securities; that public bodies of this state have n…
NMSA 1978, § 6-18-3 Legislative intent
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A. It is the intent of the legislature by the passage of the Public Securities Short- Term Interest Rate Act to authorize public bodies to structure their public securities so as to take advantage of the lower interest rates accorded to public securities structured for short-term…
NMSA 1978, § 6-18-4 Definitions
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As used in the Public Securities Short-Term Interest Rate Act, unless the context otherwise requires: A. "bond" means any bond, debenture, note, refunding or renewal bond or note, warrant or other security evidencing an obligation authorized to be issued by a public body pursuant…
NMSA 1978, § 6-18-5 Applicability
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Every public body authorized to issue any bonds under any of the laws of the state for any purpose may use the provisions of the Public Securities Short-Term Interest Rate Act with respect to such bonds. History: Laws 1983, ch. 161, § 5.
NMSA 1978, § 6-18-6 Short-term bonds
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A public body may authorize short-term bonds, including short-term general obligation bonds, that provide for any or all of the following in or pursuant to the bond legislation: A. principal maturities may be for any one or more periods of two years or less from the respective da…