The purpose of the Public School Lease Purchase Act is to implement the provision of Article 9, 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 2006, which declares that a financing agreement entered into by a school district or a charter school for leasing of a building or other real property with an option to purchase for a price that is reduced according to the payments made by the school district or charter school pursuant to the financing agreement is not a debt if:
A. there is no legal obligation for the school district or charter school to continue the lease from year to year or to purchase the real property; and
B. the agreement provides that the lease shall be terminated if sufficient money is not available to meet the current lease payments.
History: Laws 2007, ch. 173, § 2.
Effective dates. — Laws 2007, ch. 173 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Structure New Mexico Statutes
Article 26A - Public School Lease Purchase Act
Section 22-26A-1 - Short title.
Section 22-26A-3 - Definitions.
Section 22-26A-4 - Notice of proposed lease purchase arrangement; approval of department.
Section 22-26A-5 - Lease purchase arrangements; terms.
Section 22-26A-6 - Authorizing lease purchase arrangements; resolution.
Section 22-26A-7 - Payments under lease purchase arrangements.
Section 22-26A-8 - Authorization for local school board to submit question of lease purchase tax.
Section 22-26A-9 - Authorizing resolution; time limitation.
Section 22-26A-10 - Conduct of election; notice; ballot.
Section 22-26A-11 - Election results; certification.
Section 22-26A-12 - Imposition of tax; limitations.
Section 22-26A-13 - Publication of notice; validation.
Section 22-26A-14 - Refunding or refinancing lease purchase arrangements.
Section 22-26A-15 - Agreement of the state.
Section 22-26A-16 - Legal investments for public officers and fiduciaries.
Section 22-26A-17 - Tax exemption.