44th legislature - STATE OF NEW MEXICO - 2nd special session, 2000

RELATING TO EDUCATION; CREATING THE MCKINLEY COUNTY LEARNING CENTER; PROVIDING FOR PROPERTY TAXING AUTHORITY; PROVIDING FOR BONDING AUTHORITY; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

Section 1. Section 21-2A-2 NMSA 1978 (being Laws 1995, Chapter 224, Section 8) is amended to read:

"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 17 NMSA 1978, the McKinley County Learning Center Act or the Off-Campus Instruction Act; and

C. "college district" means a district in which a college is located or is proposed to be located, the exterior boundaries of which are determined pursuant to the statutory provisions under which the college is organized."

Section 2. Section 21-2A-4 NMSA 1978 (being Laws 1995, Chapter 224, Section 10) is amended to read:

"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 NMSA 1978, the Community College Act, Chapter 21, Article 17 NMSA 1978, the Technical and Vocational Institute Act and the Off-Campus Instruction Act] colleges."

Section 3. [NEW MATERIAL] SHORT TITLE.--Sections 3 through 5 of this act may be cited as the "McKinley County Learning Center Act".

Section 4. [NEW MATERIAL] MCKINLEY COUNTY LEARNING CENTER--CREATION--PURPOSE--BOARD.--

A. The "McKinley county learning center" is created to coordinate and provide upper division classes, graduate education and other instruction that is not authorized by Chapter 21, Article 14 NMSA 1978 as an approved component of the branch community college vocational and technical curricula and is needed to provide educational opportunities in McKinley county. The McKinley county learning center district is composed of McKinley county.

B. All programs offered by the McKinley county learning center shall be existing programs offered by a four-year post-secondary educational institution. The McKinley county learning center shall not develop its own courses.

C. The local advisory board of the Gallup branch of the university of New Mexico is the governing board of the McKinley county learning center, shall provide policy oversight and administration of the McKinley county learning center and is authorized to:

(1) employ staff;

(2) enter into contracts and written agreements and administer and oversee the implementation, completion and enforcement of those contracts or written agreements;

(3) sue and be sued;

(4) assess the educational needs of the community and implement programs and courses as feasible and needed;

(5) act as fiscal agent for the McKinley county learning center to the extent appropriate;

(6) select the courses or programs to be offered by the McKinley county learning center;

(7) manage the transfer and articulation of credits for courses completed; and

(8) authorize the imposition of a property tax levy for the purposes set forth in the College District Tax Act.

Section 5. [NEW MATERIAL] MCKINLEY COUNTY LEARNING CENTER FINANCING--TAXATION AND BONDING PROCEDURES.--

A. Beginning in fiscal year 2002, the McKinley county learning center shall be funded through tuition, fees, gifts, grants and other funds made available to the McKinley county learning center in the same manner as on-campus instruction is funded at a state university, based on the appropriate year's census report of the number of students enrolled in courses at the McKinley county learning center or at the facilities at the Gallup campus of the university of New Mexico, as reported by the McKinley county learning center. Funds shall be distributed to the governing board of the McKinley county learning center.

B. Authorization, imposition and collection of property taxes to fund current operations, maintenance and capital improvements of the McKinley county learning center shall be conducted according to the provisions of the College District Tax Act.

Section 6. APPROPRIATION.--Seventy-five thousand dollars ($75,000) is appropriated from the general fund to the board of regents of the university of New Mexico for expenditure in fiscal year 2001 for use by the Gallup branch of the university of New Mexico to establish and initially operate the McKinley county learning center. Any unexpended or unencumbered balance remaining at the end of fiscal year 2001 shall revert to the general fund.

Section 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.