0001| HOUSE BILL 1326
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MAX COLL
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO EDUCATION; AMENDING CERTAIN SECTIONS OF THE NMSA
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0012| 1978 PERTAINING TO THE TAXING AND BONDING AUTHORITY OF BRANCH
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0013| COMMUNITY COLLEGES.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 21-2A-2 NMSA 1978 (being Laws 1995,
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0017| Chapter 224, Section 8) is amended to read:
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0018| "21-2A-2. DEFINITIONS.--As used in the College District
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0019| Tax Act:
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0020| A. "board" means the governing board of the college
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0021| district;
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0022| B. "college" means a two-year, public
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0023| post-secondary educational institution organized pursuant to
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0024| the provisions of the Community College Act, [Chapter 21,
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Article 14 NMSA 1978] the Technical and Vocational Institute
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0001| Act, Chapter 21, Article 17 NMSA 1978 or the Off-Campus
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0002| Instruction Act; and
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0003| C. "college district" means a district in which a
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0004| college is located or is proposed to be located, the exterior
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0005| boundaries of which are determined pursuant to the statutory
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0006| provisions under which the college is organized."
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0007| Section 2. Section 21-2A-4 NMSA 1978 (being Laws 1995,
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0008| Chapter 224, Section 10) is amended to read:
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0009| "21-2A-4. APPLICATION OF ACT.--The College District Tax
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0010| Act applies to all [educational institutions organized
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pursuant to the provisions of Chapter 21, Article 14 NMSA 1978,
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the Community College Act, Chapter 21, Article 17 NMSA 1978,
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the Technical and Vocational Institute Act and the Off-Campus
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Instruction Act] colleges."
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0015| Section 3. Section 21-14-2 NMSA 1978 (being Laws 1963,
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0016| Chapter 162, Section 2, as amended) is amended to read:
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0017| "21-14-2. ESTABLISHMENT AUTHORIZED--BOARD--DETERMINATION
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0018| OF NEED--AGREEMENTS.--
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0019| A. A branch community college may be established in
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0020| a school district upon the showing of need by the local board
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0021| of education. A branch community college may be established to
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0022| include more than one school district, in which instance the
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0023| boards of education shall act as a single board and, if the
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0024| branch community college is established, shall continue to act
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0025| as a single board unless a successor board is established as
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0001| provided in Section 21-14-2.1 NMSA 1978. As used in Chapter
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0002| 21, Article 14 NMSA 1978, "board" means either the local board
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0003| of education, or the combined local boards of education acting
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0004| as a single board, of the school district or the board of the
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0005| branch community college elected pursuant to Section 21-14-2.1
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0006| NMSA 1978.
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0007| B. The duties of the board are to:
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0008| (1) initiate and conduct the survey provided
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0009| for in Subsection C of this section;
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0010| (2) select the parent institution;
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0011| (3) request approval of the branch community
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0012| college from the [board of educational finance] commission
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0013| on higher education;
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0014| (4) enter into written agreements with the
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0015| board of regents of the parent institution selected, subject
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0016| thereafter to biennial review by all parties concerned and to
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0017| the review and commentary of the [board of educational
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finance] commission on higher education;
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0019| (5) act in an advisory capacity to the board
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0020| of regents of the parent institution in all matters relating to
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0021| the conduct of the branch community college;
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0022| (6) approve an annual budget for the branch
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0023| community college for recommendation to the board of regents of
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0024| the parent institution; and
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0025| (7) certify to the board of county
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0001| commissioners the tax levy [and
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(8) conduct the election for tax levies for
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the branch community college].
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0004| C. Upon evidence of a demand for a branch community
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0005| college, the board shall cause a survey to be made. The
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0006| [board of educational finance] commission on higher
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0007| education shall develop criteria for the establishment of a
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0008| branch community college, and no branch community college shall
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0009| be established without the written authorization of the [board
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of educational finance] commission.
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0011| D. If need is established, the board, in accordance
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0012| with the [board of educational finance] commission on higher
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0013| education criteria for initiating a branch community college
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0014| program, shall consult with the board of regents of the higher
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0015| education institution selected to be the parent institution,
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0016| and, if the board and the board of regents agree to conduct a
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0017| branch community college in the area, they shall transmit a
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0018| proposal to establish a branch community college to the [board
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of educational finance] commission. The [board of
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educational finance] commission shall evaluate the need and
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0021| shall notify the board and the board of regents of approval or
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0022| disapproval of the proposal.
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0023| E. If the proposal is approved, the board and the
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0024| board of regents of the parent institution shall enter into a
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0025| written agreement, which shall include provisions for:
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0001| (1) the higher education institution to have
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0002| full authority and responsibility in relation to all academic
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0003| matters;
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0004| (2) the higher education institution to honor
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0005| all credits earned by students as though they were earned on
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0006| the parent campus;
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0007| (3) the course of study and program offered;
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0008| (4) the cooperative use of physical facilities
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0009| and teaching staff;
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0010| (5) consideration of applications of local
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0011| qualified people before employing teachers of the local school
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0012| system; and
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0013| (6) the detailed agreement of financing and
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0014| financial control of the branch community college.
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0015| F. The agreement shall be binding upon both the
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0016| board and the board of regents of the parent institution;
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0017| however, it may be terminated by mutual consent or it may be
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0018| terminated by either board upon six months' notice. However,
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0019| if the branch community college has outstanding bonds, either
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0020| tax or revenue, neither the board nor the board of regents may
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0021| terminate this agreement until the outstanding bonds are
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0022| retired, except as provided by Section 21-13-24.1 NMSA 1978.
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0023| This provision shall apply to all agreements in existence
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0024| between the branch community college and the board of regents
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0025| of the parent institution.
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0001| G. All taxes levied to pay for principal and
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0002| interest on bonds of the branch community college shall be in
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0003| addition to the taxes levied for operating, maintaining and
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0004| providing facilities for the branch community college pursuant
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0005| to Section 21-14-6 NMSA 1978 and shall not be limited by the
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0006| tax limitation found in that section.
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0007| H. For the purpose of relating branch community
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0008| colleges to existing laws, branch community college districts
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0009| or branch community colleges shall not:
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0010| (1) be considered a part of the uniform system
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0011| of free public schools pursuant to Article 12, Section 1 and
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0012| Article 21, Section 4 of the constitution of New Mexico;
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0013| (2) benefit from the permanent school fund and
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0014| from the current school fund under Article 12, Sections 2 and 4
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0015| of the constitution of New Mexico;
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0016| (3) be subject, except as it relates to
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0017| technical and vocational education, to the control, management
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0018| and direction of the state board of education under Article 12,
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0019| Section 6 of the constitution of New Mexico; and
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0020| (4) be considered school districts insofar as
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0021| the restrictions of Article 9, Section 11 of the constitution
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0022| of New Mexico are concerned.
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0023| I. All elections held pursuant to the branch
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0024| community college laws shall be as follows:
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0025| (1) the board calling the election shall give
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0001| notice of the election in a newspaper of general circulation in
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0002| the branch community college district at least once a week for
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0003| three consecutive weeks, the last insertion to be not less than
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0004| thirty days prior to the proposed election;
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0005| (2) the election shall be conducted and
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0006| canvassed in the same manner as municipal school district
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0007| elections unless otherwise provided in the branch community
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0008| college laws; and
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0009| (3) any person or corporation may institute in
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0010| the district court of any county in which the branch community
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0011| college district affected lies an action or suit to contest the
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0012| validity of any proceedings held under the branch community
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0013| college laws, but no such suit or action shall be maintained
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0014| unless it is instituted within ten days after the issuance by
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0015| the proper officials of a certificate or notification of the
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0016| results of the election and the canvassing of the election
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0017| returns by the board.
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0018| J. The tax rolls of the school districts comprising
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0019| the branch community college district shall be adopted as the
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0020| tax rolls of the branch community college district."
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0021| Section 4. Section 21-14-5 NMSA 1978 (being Laws 1957,
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0022| Chapter 143, Section 4, as amended) is amended to read:
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0023| "21-14-5. FINANCING OF BRANCH COMMUNITY COLLEGES.--
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0024| Financing of branch community colleges shall be by tuition and
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0025| fees, which shall be set by the board of regents of the parent
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0001| institution, by gifts and grants and by other funds as may be
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0002| made available [pursuant to the provisions of the College
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District Tax Act or Sections 21-14-1 through 21-14-11 NMSA
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1978] by law."
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0005| Section 5. Section 21-14-9 NMSA 1978 (being Laws 1973,
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0006| Chapter 371, Section 1, as amended) is amended to read:
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0007| "21-14-9. STATE SUPPORT--APPROPRIATION. [A.] The
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0008| commission on higher education shall recommend an appropriation
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0009| for each branch community college and junior college based upon
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0010| the college's financial requirements in relation to its
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0011| authorized program and its available funds from non-general
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0012| fund sources; provided, the recommended appropriation shall be
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0013| an amount not less than three hundred twenty-five dollars
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0014| ($325) for each full-time-equivalent student.
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0015| [B. The commission on higher education shall not
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recommend an appropriation greater than three hundred
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twenty-five dollars ($325) for each full-time-equivalent
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student for any branch community college that levies a tax at a
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rate less than one dollar ($1.00), unless a lower amount is
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required by operation of the rate limitation provisions of
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Section 7-37-7.1 NMSA 1978 upon a rate approved by the electors
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of at least one dollar ($1.00) on each one thousand dollars
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($1,000) of net taxable value, as that term is defined in the
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Property Tax Code, or any branch community college that reduces
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a previously authorized tax levy, except as required by the
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operation of the rate limitation provisions of Section 7-37-7.1
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NMSA 1978.]"
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0003| Section 6. TEMPORARY PROVISION--PROHIBITING ELECTIONS TO
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0004| IMPOSE OR INCREASE CERTAIN TAX LEVIES.--Effective July 1, 1997,
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0005| no branch community college board organized pursuant to the
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0006| provisions of Chapter 21, Article 14 NMSA 1978 shall call or
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0007| conduct an election for the purpose of imposing or increasing a
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0008| special tax levy for the operation of a branch community
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0009| college or for the purpose of approving additional general
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0010| obligation bonds for capital expenditures or improvements for
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0011| the branch community college.
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0012| Section 7. TEMPORARY PROVISION--ABOLISHMENT OF TAX LEVY.-
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0013| -Effective July 1, 1998, the governing board of a branch
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0014| community college shall provide for the abolishment of any
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0015| continuing tax levy imposed for the purpose of financing the
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0016| operation of a branch community college. The board shall
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0017| certify to the appropriate board of county commissioners for
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0018| the branch community college district the date upon which the
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0019| tax levy imposed for operation of the district shall cease;
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0020| provided that the levy imposed shall cease no later than
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0021| December 1, 1998.
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0022| Section 8. TEMPORARY PROVISION.--Effective July 1, 1997:
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0023| A. no governing board of a branch community college
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0024| shall authorize the issuance of general obligation bonds issued
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0025| for the purpose of making capital improvements and expenditures
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0001| for a branch community college; and
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0002| B. no governing board of a branch community college
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0003| shall call or conduct an election for the purpose of
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0004| authorizing the imposition of a tax levy for the purpose of
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0005| paying principal and interest on general obligation bonds
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0006| issued for the purpose of making capital improvements or
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0007| expenditures for a branch community college.
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0008| Section 9. TEMPORARY PROVISION--TAX LEVY CONTINUED--
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0009| PAYMENT IN FULL OF BOND DEBTS.--Any tax levy in effect on July
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0010| 1, 1997, imposed for the purpose of paying debts incurred as a
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0011| result of the issuance of general obligation bonds issued on
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0012| behalf of a branch community college pursuant to the provisions
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0013| of the College District Tax Act shall remain in effect until
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0014| such time as all bond debts and general obligations of the
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0015| branch community college are paid in full and the terms of all
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0016| outstanding bonds are met.
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0017| Section 10. EFFECTIVE DATE.--The effective date of the
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0018| provisions of this act is July 1, 1997.
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