HOUSE BILL 577

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Luciano "Lucky" Varela

AN ACT

RELATING TO HIGHER EDUCATION; AUTHORIZING A STATE UNIVERSITY TO ACQUIRE PROPERTY OF THE COLLEGE OF SANTA FE; PROVIDING CONDITIONS; REQUIRING PROPOSALS FOR SUCH ACQUISITION; CREATING AN AD HOC COMMITTEE TO REVIEW PROPOSALS; APPROVING THE ESTABLISHMENT OF A CAMPUS OF A STATE UNIVERSITY AT THE SITE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 21, Article 3 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ACQUISITION OF COLLEGE OF SANTA FE--CONDITIONS--PROPOSALS--AD HOC COMMITTEE.--

          A. Notwithstanding the provisions of Section 21-1-26.9 NMSA 1978 and as provided in this section, the board of regents of a state university selected by the higher education ad hoc committee may acquire in whole the real and tangible and intangible personal property that makes up the college of Santa Fe, and, when the acquisition is completed, the state university is authorized to establish a campus of that university at the college of Santa Fe site, contingent on the following:

                (1) the university shall not assume any debt or liabilities of the college of Santa Fe or the Christian Brothers order;

                (2) all property shall be conveyed free and clear of any encumbrances or liabilities that could in any way become the responsibility of the university; and

                (3) the acquisition shall not be final until the agreements related to the acquisition that are to be entered into between the university and the college of Santa Fe, the Christian Brothers order, creditors of the college or other persons have been approved in a timely manner by the attorney general as to legal sufficiency and compliance with the constitution of New Mexico and applicable laws, and the agreements are approved by the state board of finance.

          B. The higher education department shall accept proposals from any state university that is interested in acquiring the real and tangible and intangible personal property of the college of Santa Fe. The proposals shall include:

                (1) a detailed description of the financing package for acquisition;

                (2) the educational programming and degrees proposed to be offered at the campus;

                (3) an estimate of the number of students the campus will serve in the near and far term;

                (4) the estimated revenues for the next five years, including state funding;

                (5) how the university proposes to work with the region's other public post-secondary educational institutions to mitigate duplication of programs and degrees; and

                (6) any other information requested by the department.

          C. The higher education department shall convene an ad hoc committee to evaluate the proposals and select the university to acquire the college of Santa Fe. The committee shall consist of:

                (1) the secretary of higher education;

                (2) a representative of the governor;

                (3) the secretary of finance and administration;

                (4) the state auditor;

                (5) the directors of the legislative council service and the legislative finance committee; and

                (6) the mayor of Santa Fe or the mayor's designee.

          D. The higher education department or the ad hoc committee may request reasonable changes to a proposal.

          E. For the purposes of this section, "college of Santa Fe" includes the Santa Fe campus and its off-campus programs."

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