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Section 21-2A-1 – Short title.

Sections 21-2A-1 through 21-2A-10 NMSA 1978 may be cited as the “College District Tax Act”. History: Laws 1995, ch. 224, § 7; 2013, ch. 37, § 1. ANNOTATIONS The 2013 amendment, effective June 14, 2013, deleted “Sections 7 through 16 of this act” and added “Sections 21-2A-1 through 21-2A-10 NMSA 1978”.

Section 21-2A-10 – Procedure for election.

A. In all elections held under the College District Tax Act, the board shall issue a resolution calling for an election. The resolution shall be filed with each county clerk in the college district. B. All elections held under the College District Tax Act shall be conducted and canvassed pursuant to the provisions of the […]

Section 21-2A-11 – Extended learning programs; purpose; commission on higher education [higher education department] responsibilities; reporting.

A. The commission on higher education [higher education department] shall coordinate the role and participation of public post-secondary higher education institutions in the development and operation of extended learning programs. Extended learning programs shall be established to ensure equitable student access to educational opportunities throughout the state. The commission [department] shall work to ensure access, […]

Section 21-2A-12 – Extended learning fund created; distribution of fund.

The “extended learning fund” is created in the state treasury. Money in the fund is appropriated to the commission on higher education [higher education department] for the purpose of making awards to public schools and public post-secondary institutions for the purpose of developing and operating extended learning programs throughout the state. The commission [department] shall […]

Section 21-2A-13 – College district lease-purchase arrangements; notice; process for approving lease-purchase arrangements; limitation of action.

A. When a college district contemplates entering into a lease-purchase arrangement payable in whole or in part from ad valorem taxes, the board, before initiating any proceedings for approval of such lease-purchase arrangement, shall forward to the higher education department a written notice of the proposed lease-purchase arrangement. B. The higher education department, upon the […]

Section 21-2A-16 – Liberal interpretation.

The College District Tax 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 2019, ch. 252, § 5. ANNOTATIONS Emergency clauses. — Laws 2019, ch. 252, § 7 contained an emergency clause and was approved April 4, […]

Section 21-2A-17 – Severability.

If any part or application of the College District Tax Act is held invalid, the remainder or its application to other situations or persons shall not be affected. History: Laws 2019, ch. 252, § 6. ANNOTATIONS Emergency clauses. — Laws 2019, ch. 252, § 7 contained an emergency clause and was approved April 4, 2019.

Section 21-2A-2 – Definitions.

As used in the College District Tax Act: A. “board” means the governing board of the college district; B. “college” means a two-year, public post-secondary educational institution organized pursuant to the provisions of the Community College Act, Chapter 21, Article 14 NMSA 1978, the Technical and Vocational Institute Act [Chapter 21, Article 16 NMSA 1978] […]

Section 21-2A-3 – Purpose.

The purpose of the College District Tax Act is to provide a uniform procedure for the authorization, imposition and collection of tax levies for the operation of college districts and the issuance of college district general obligation and revenue bonds for capital improvements in a college district. History: Laws 1995, ch. 224, § 9. ANNOTATIONS […]

Section 21-2A-4 – Application of act.

The College District Tax Act applies to all educational institutions organized pursuant to the provisions of Chapter 21, Article 14 [13] NMSA 1978, the Community College Act, Chapter 21, Article 17 [16] NMSA 1978, the Technical and Vocational Institute Act [Chapter 21, Article 16 NMSA 1978] and the Off-Campus Instruction Act [21-14A-1 to 21-14A-10 NMSA […]

Section 21-2A-5 – Special tax levy for college district operation.

A. In each college district, the board may call an election within the college district for the purpose of authorizing that board to levy taxes on all taxable property within the district to be used for current operations, maintenance and capital improvements of the college district. The taxes, if authorized as provided in the College […]

Section 21-2A-6 – College district general obligation bonds; interest; form; payment.

A. Any board, other than a board created pursuant to the provisions of the Off-Campus Instruction Act [21-14A-1 to 21-14A-10 NMSA 1978], may borrow money for the purpose of: (1) erecting, furnishing, constructing, purchasing, remodeling and equipping buildings and utility facilities, exclusive of stadiums; (2) making other real property improvements; (3) purchasing grounds; and (4) […]

Section 21-2A-7 – Payment of general obligation bonds; bond provisions.

A. The principal of and interest on general obligation bonds authorized in the College District Tax Act to be issued, and any prior redemption premiums, shall be payable from the proceeds of general property taxes levied without limitation as to rate or amount, except for the limitation for general obligation bond issuances established in the […]

Section 21-2A-8 – Refunding bonds; general obligation college district bonds.

The board of any college district may, with the approval of the commission on higher education [higher education department], issue bonds, to be denominated refunding bonds, for the purpose of refunding any of the general obligation bonded indebtedness of the college district. Whenever the board of any college district deems it expedient to issue refunding […]

Section 21-2A-9 – College district revenue bonds; refunding bonds.

A. The board of any college district may issue revenue bonds for the purpose of constructing, purchasing, improving, remodeling, furnishing or equipping any necessary buildings, structures or facilities of the college district. The revenue bonds shall be payable from and secured by a lien on and pledge of all or any part of any of […]