A. To complete the program to correct outstanding deficiencies, those serious deficiencies in the roofs of public school facilities identified pursuant to Section 22-24-4.1 NMSA 1978 as adversely affecting the health or safety of students and school personnel shall be corrected pursuant to this section, regardless of the local effort or percentage of indebtedness of the school district, subject to the following provisions:
(1) if the council determines that the school district has excess capital improvement funds received pursuant to the Public School Capital Improvements Act [Chapter 22, Article 25 NMSA 1978], the cost of correcting the deficiencies shall first come from the school district's excess funds, and if the excess funds are insufficient to correct the deficiencies, the difference shall be paid from the public school capital outlay fund; and
(2) if the school district refuses to pay its share of the cost of correcting deficiencies as determined pursuant to Paragraph (1) of this subsection, future distributions from the public school capital improvements fund pursuant to Section 22-25-9 NMSA 1978 shall not be made to the school district but shall be made to the public school capital outlay fund until the public school capital outlay fund is reimbursed in full for the school district's share.
B. It is the intent of the legislature that all awards for correcting outstanding deficiencies in public school roofs that may adversely affect the health and safety of students and school personnel be made pursuant to this section no later than September 30, 2005 and that funds be expended no later than September 30, 2008.
History: Laws 2005, ch. 274, § 7; 2007, ch. 366, § 5.
Repeals. — Laws 2020 (1st S.S.), ch. 3, § 12, effective June 26, 2020, repealed Laws 2020, ch. 64, § 4, which was to become effective July 1, 2020. For provisions of Laws 2020, ch. 64, § 4, see the 2020 Session Laws on NMOneSource.com.
The 2007 amendment, effective July 1, 2007, changed the deadline for expenditure of funds to September 30, 2008.
Structure New Mexico Statutes
Article 24 - Public School Capital Outlay
Section 22-24-1 - Short title.
Section 22-24-2 - Purpose of act.
Section 22-24-3 - Definitions.
Section 22-24-4 - Public school capital outlay fund created; use.
Section 22-24-4.1 - Outstanding deficiencies; assessment; correction.
Section 22-24-4.3 - Roof repair and replacement initiative.
Section 22-24-4.4 - Serious roof deficiencies; correction.
Section 22-24-4.5 - Education technology infrastructure deficiency corrections.
Section 22-24-4.6 - Building system repair, renovation or replacement.
Section 22-24-4.7 - School security system projects.
Section 22-24-5 - Public school capital outlay projects; application; grant assistance.
Section 22-24-5.1 - Council assistance and oversight.
Section 22-24-5.3 - Preventive maintenance plans; guidelines; approval.
Section 22-24-5.6 - Outstanding deficiencies at certain state educational institutions.
Section 22-24-5.7 - Local match provisions for qualified high priority projects.
Section 22-24-5.8 - Adequacy standards; constitutional special schools.
Section 22-24-6 - Council created; organization; duties.
Section 22-24-6.1 - Procedures for a state-chartered charter school.
Section 22-24-7 - Public school capital outlay oversight task force; creation; staff.
Section 22-24-8 - Public school capital outlay oversight task force; duties.
Section 22-24-9 - Public school facilities authority; creation; powers and duties.
Section 22-24-10 - Public facilities to be used by charter schools; assessment.
Section 22-24-11 - Recompiled.
Section 22-24-12 - Pre-kindergarten classroom facilities initiative.