House Bill text for HB0243

HOUSE BILL 243

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Al Park

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; CREATING THE HIGHER EDUCATION DIVISION OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TRANSFERRING FUNCTIONS, APPROPRIATIONS AND PROPERTY OF THE HIGHER EDUCATION DEPARTMENT TO THE DIVISION; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 9-6-3 NMSA 1978 (being Laws 1977, Chapter 247, Section 3, as amended) is amended to read:

"9-6-3. DEPARTMENT OF FINANCE AND ADMINISTRATION--CREATION--TRANSFER AND MERGER OF DIVISION FUNCTIONS--MERGER AND CREATION OF DIVISIONS.--

A. The "department of finance and administration" is created. The department shall consist of those divisions created by law or executive order, as modified by executive order pursuant to Subsection C of this section, including but not limited to:

(1) the board of finance division;

(2) the financial control division;

(3) the local government division;

(4) the management and contracts review division; [and]

(5) the state budget division; and

(6) the higher education division.

B. The secretary is empowered to organize the department and the divisions thereof specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.

C. The governor is empowered to merge divisions of the department or to create additional divisions by executive order in the interest of efficiency and economy."

Section 2. A new section of the Department of Finance and Administration Act is enacted to read:

"[NEW MATERIAL] HIGHER EDUCATION DIVISION DUTIES.--

A. The "higher education division" is created in the department of finance and administration. The division includes the following program bureaus:

(1) institutional finance bureau;

(2) financial aid bureau;

(3) planning and research bureau;

(4) private and proprietary schools bureau;

(5) American Indian post-secondary education bureau; and

(6) adult basic education bureau.

B. The secretary of finance and administration may transfer or merge functions between bureaus in the interest of efficiency and economy and shall report such changes to the next regular session of the legislature."

Section 3. A new section of the Department of Finance and Administration Act is enacted to read:

"[NEW MATERIAL] HIGHER EDUCATION DIVISION DUTIES.--

A. Consistent with constitutional provisions relating to the control and management of the educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico, and with powers and duties provided for in Chapter 21 NMSA 1978, the higher education division of the department of finance and administration shall:

(1) cooperate with colleges and universities to create a statewide public agenda to meet higher education needs and goals;

(2) be concerned with the financing of public post-secondary educational institutions and with the equitable distribution of available funds;

(3) receive, adjust and approve the budgets of public post-secondary educational institutions prior to the submission of those budgets to the state budget division;

(4) by November 1 of each year, present to the legislature a comprehensive funding request and a priorities list for all higher education. The funding request and priorities shall encompass the needs of all public post-secondary educational institutions and programs; and

(5) periodically study and report to the governor and the legislature on enrollment capacity needs over a ten-year period, based on state demographic models, academic program demands, institutional competencies and infrastructure, state work force needs, economic development goals and other factors.

B. The division is authorized to cooperate with the federal government in the administration of higher education programs in which financial or other participation by the federal government is authorized or mandated under state or federal laws, rules or orders. The director of the division, with the approval of the secretary of finance and administration, may enter into agreements with agencies of the federal government to implement higher education programs subject to availability of appropriated state funds and any provisions of state laws applicable to such agreements or participation by the state. The governor or the secretary may by appropriate order designate the division or any other organizational unit of the department as the single state agency for the administration of any higher education program when that designation is a condition of federal financial or other participation in the program under applicable federal law, rule or order. Whether or not a federal condition exists, the governor may designate the division or any other organizational unit of the department as the single state agency for the administration of any federally funded higher education program not targeted for specific post-secondary educational institutions. No designation of a single state agency under the authority granted in this section shall be made in contravention of state law."

Section 4. Section 7-37-8 NMSA 1978 (being Laws 1978, Chapter 128, Section 1, as amended) is amended to read:

"7-37-8. SCHOOL TAX RATES.--No later than August 15 of each year, the [state department of] public education department shall submit to the secretary of finance and administration the property tax rates for the succeeding tax year for each school district and the [commission on] higher education division of the department of finance and administration shall submit to the secretary of finance and administration the property tax rates for the succeeding tax year for each technical and vocational district, [area vocational school district] junior college district and branch community college district. The rates required to be submitted pursuant to this section shall separately state by county and by school district the rate to be levied for operational purposes and the rate to be levied for payment of principal and interest on general obligation debt issued or entered into by the district."

Section 5. Section 9-15D-2 NMSA 1978 (being Laws 2009, Chapter 275, Section 2) is amended to read:

"9-15D-2. DEFINITIONS.--As used in the Green Jobs Act: A. "department" or "division" means the higher education division of the department of finance and administration;

B. "fund" means the green jobs fund;

C. "green industries" means industries that contribute directly to preserving or enhancing environmental quality by reducing waste and pollution or producing sustainable products using sustainable processes and materials and that provide opportunities for advancement along a career track of increasing skills and wages. Green industries include:

(1) energy system retrofits to increase energy efficiency and conservation;

(2) production and distribution of biofuels, including vehicle retrofits for biofuels;

(3) building design and construction that meet the equivalent of best available technology in energy and environmental design standards;

(4) organic and community food production;

(5) manufacture of products from nontoxic, environmentally certified or recycled materials;

(6) manufacture and production of sustainable technologies, including solar panels, wind turbines and fuel cells;

(7) solar technology installation and maintenance;

(8) recycling, green composting and large-scale reuse of construction and demolition materials and debris; and

(9) water retrofits to increase water efficiency and conservation;

D. "green jobs training programs" means those programs implemented by educational institutions related to training [individuals] persons to work in green industries and to ensure that appropriate support services are provided;

E. "support services" means those services that provide trainees with the opportunity to participate in green jobs training programs, including:

(1) child care;

(2) tuition;

(3) materials needed for training programs;

(4) counseling and mentoring services;

(5) internships; or

(6) job placement programs; and

F. "target populations" means disadvantaged [individuals] persons, including:

(1) low-income [individuals] persons;

(2) veterans;

(3) formerly incarcerated, nonviolent offenders;

(4) tribal and rural constituencies;

(5) workers adversely affected by changing national or state energy policy;

(6) at-risk youth;

(7) unemployed youth and adults;

(8) high school dropouts; or

(9) single mothers."

Section 6. Section 10-9-5 NMSA 1978 (being Laws 1978, Chapter 96, Section 1, as amended) is amended to read:

"10-9-5. PUBLIC OFFICERS AND PUBLIC EMPLOYEES--EXECUTIVE BRANCH--ANNUAL EXEMPT SALARIES PLAN.--

A. The department of finance and administration shall prepare, by December 1 of each year, an exempt salaries plan for the governor's approval. The plan shall specify salary ranges for the following public officer and public employee positions of the executive branch of government:

(1) members of boards and commissions appointed by the governor;

(2) heads of agencies or departments appointed by the governor;

(3) heads of agencies or departments appointed by the respective boards and commissions of the agencies;

(4) directors of department divisions;

(5) employees in the governor's office;

(6) positions in the state militia and the commissioned officers of the New Mexico state police division of the department of public safety;

(7) assistants and secretaries in the offices of each official covered by Paragraphs (2), (3) and (10) of this subsection;

(8) positions of a professional or scientific nature [which] that are temporary in nature;

(9) state employees whose positions the personnel board has classified as policymaking positions and exempt employees of elective public officials; and

(10) secretaries of departments appointed by the governor.

B. Excluded from the provisions of this section are employees [of the commission on higher education and employees] of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico.

C. The exempt salaries plan for the ensuing fiscal year, as prepared by the department of finance and administration and approved by the governor, shall be published as a part of the executive budget document presented to the legislature at its next regular session following the preparation of the plan.

D. Upon the governor's approval, the plan shall take effect at the beginning of the subsequent fiscal year."

Section 7. Section 21-1-4 NMSA 1978 (being Laws 1971, Chapter 235, Section 1, as amended) is amended to read:

"21-1-4. TUITION AND GENERAL FEE CHARGES--

DEFINITIONS.--

A. The state educational institutions set forth in Article 12, Section 11 of the constitution of New Mexico and their branches, community colleges as provided in Chapter 21, Article 13 NMSA 1978 and technical and vocational institutes as provided in Chapter 21, Article 16 NMSA 1978 shall charge tuition, which is in addition to general or other earmarked fees, as provided by law.

B. "Tuition" means the amount of money charged to students for instructional services, which may be charged per term, per course or per credit. "Tuition" does not include required general or other fees.

C. "General fee" means a fixed sum charged to students for items not covered by tuition and required of such a proportion of all students that the student who does not pay the charge is an exception. General fees include fees for matriculation, library services, student activities, student union services, student health services, debt service and athletics. An institution may charge fees in addition to general fees that are course-specific or that pertain to a smaller proportion of students.

D. During the regular academic year, "full-time student" means a student who is taking twelve or more credit hours in one semester or quarter. Full-time students during the academic year shall be charged tuition at rates provided by law.

E. During the summer session, "full-time student" means a student who is taking at least a minimum number of credit hours, which minimum is in the same proportion to twelve credit hours as the duration and normal credit-hour load of the summer session in the particular institution is to the duration and normal credit-hour load of the institution's regular semester or quarter. Full-time students in the summer session shall be charged tuition at resident and nonresident rates in each institution, which rates shall be in the same proportion to the full-time resident and nonresident rates of that institution for the regular semester or quarter as the minimum number of credit hours is to twelve hours.

F. "Part-time student" means a student who is taking fewer than the minimum number of credit hours in a semester, quarter or summer session required for full-time student status. Part-time students shall be charged tuition at rates per semester credit hour or quarter credit hour as provided by law.

G. The higher education division of the department of finance and administration shall define resident and nonresident students for the purpose of administering tuition charges in accordance with the constitution and statutes of the state and after consultation with the appropriate officials of the institutions concerned. Each institution shall use the uniform definitions so established in assessing and collecting tuition charges from students."

Section 8. Section 21-1-4.4 NMSA 1978 (being Laws 1996, Chapter 71, Section 4) is amended to read:

"21-1-4.4. [COMMISSION ON] HIGHER EDUCATION DIVISION--DETERMINATION OF TUITION SCHOLARSHIPS--USE OF LOTTERY TUITION FUND.--Prior to June 1 of each year, the [commission on] higher education division of the department of finance and administration shall determine the amount of money available for tuition scholarships at state public post-secondary educational institutions. Based on the amount appropriated by the legislature from the lottery tuition fund and on the projected enrollment at all public post-secondary educational institutions, the [commission on] higher education division shall establish the percentage of tuition that shall be awarded for qualified resident students attending New Mexico public post-secondary educational institutions. The percentage of tuition awarded shall be the same for each institution, regardless of the actual cost of tuition at each institution."

Section 9. Section 21-1-6 NMSA 1978 (being Laws 1975, Chapter 308, Section 1, as amended) is amended to read:

"21-1-6. WAIVING OF NONRESIDENT DIFFERENTIAL IN TUITION RATES ON A RECIPROCAL BASIS WITH OTHER STATES.--The [commission on] higher education division of the department of finance and administration shall identify those circumstances [where] in which the waiving of the nonresident differential in tuition rates, on a reciprocal basis with other states, including the states of the foreign country contiguous to New Mexico, would enhance educational opportunities for New Mexico residents. Relative to the identified circumstances, the [commission] division shall negotiate with the other states involved with the objective of establishing reciprocal agreements for the waiving of the nonresident differential for New Mexico residents attending institutions in other states in exchange for New Mexico institutions waiving the nonresident differential for residents of the other states. Upon successful completion of the negotiations, the [commission] division may identify those classes and numbers of New Mexico residents whose educational opportunities would be enhanced and the number and classes of nonresident students for whom the nonresident differential is to be waived by the New Mexico institutions and may direct that the institutions grant such waivers. The [commission] division shall establish [regulations] rules for the administration of the waivers and for the reporting of the cases in which the waivers are given."

Section 10. Section 21-1-26 NMSA 1978 (being Laws 1951, Chapter 190, Section 1, as amended) is amended to read:

"21-1-26. HIGHER EDUCATION [DEPARTMENT] DIVISION--GENERAL

[POWERS] DUTIES.--

A. The higher education division of the department of finance and administration shall: [be concerned with the problems of finance of those educational institutions designated in Article 12, Section 11 of the constitution of New Mexico and other public post-secondary educational institutions in the state. The department shall:

(1) be concerned with the adequate financing of these institutions and with the equitable distribution of available funds among them;

(2) receive, adjust and approve the budgets submitted by these institutions prior to the submission of these budgets to the state budget division of the department of finance and administration;

(3)] (1) develop and maintain programs, on a regular basis, for the orientation and in-service education of members of the boards of regents of the various educational institutions designated in Article 12, Section 11 of the constitution of New Mexico and the governing bodies of other public post-secondary educational institutions in the state;

[(4)] (2) analyze the financial impact of each new degree program of each public post-secondary educational institution as part of the [department's] division's review of the institution's operating budget; and

[(5)] (3) exercise such other powers as may be granted it by law.

B. Effective July 1, 2005, all new state-funded baccalaureate, graduate and professional degree programs shall be offered by public four-year educational institutions and all new associate degree programs shall be offered by public post-secondary educational institutions after a timely and thorough consultation with and review by the [department] division.

C. Notwithstanding any other provisions of law, the higher education [department] division may be designated by the governor to administer funds furnished under acts of congress for post-secondary educational institutions, except for funds specifically appropriated or otherwise designated for those educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico.

D. The higher education [department] division is also charged with oversight of all private post-secondary educational institutions operating within the state."

Section 11. Section 21-1-26.1 NMSA 1978 (being Laws 1980, Chapter 145, Section 2, as amended) is amended to read:

"21-1-26.1. ADDITIONAL DUTIES.--In addition to the duties imposed upon the higher education division of the department of finance and administration by the Post-Secondary Educational Planning Act, the [department] division shall perform the same planning and budgeting functions for the university of New Mexico hospital as it performs for other post-secondary educational institutions."

Section 12. Section 21-1-26.3 NMSA 1978 (being Laws 1986, Chapter 24, Section 3, as amended) is amended to read:

"21-1-26.3. VERIFICATION FUNCTION.--The higher education division of the department of finance and administration shall annually conduct special verifications of the institutions of higher education. The verifications shall include enrollments, fund balances, compliance with legislation, comparison of expenditures to budgets and other areas to be determined by the [department] division. Reports on the verifications shall be made annually to the department of finance and administration and the legislative finance committee. The department of finance and administration shall consider the verification findings in making its annual recommendations to the executive and legislature for higher education funding."

Section 13. Section 21-1-26.7 NMSA 1978 (being Laws 1990 (1st S.S.), Chapter 4, Section 2, as amended) is amended to read:

"21-1-26.7. ANNUAL ACCOUNTABILITY REPORT.--

A. The higher education division of the department of finance and administration shall submit an annual accountability report to the governor and to the legislature by December 31. Prior to publication, the [department] division shall distribute a draft of the accountability report to all public post-secondary educational institutions and shall allow comment upon the draft report.

B. The [department] division in consultation with each public post-secondary educational institution shall develop and adopt the content and a format for the report, including the following information:

(1) student progress and success;

(2) student access and diversity;

(3) affordability and cost of educational services;

(4) public and community service by the institution; and

(5) faculty, compensation and benefits practices, including:

(a) number and percentage of part-time and full-time faculty;

(b) per-credit-hour pay rate for full-time instructors or lecturers and per-credit-hour pay rate for part-time faculty;

(d) description of the institution's policy for offering benefits to full-time faculty and to part-time faculty.

C. The [department] division shall make no funding recommendation, capital outlay recommendation, distribution or certification on behalf of any public post-secondary educational institution that has not submitted the information required pursuant to this section."

Section 14. Section 21-1-26.9 NMSA 1978 (being Laws 1998, Chapter 61, Section 2, as amended) is amended to read:

"21-1-26.9. LIMITATION--HIGHER EDUCATION [DEPARTMENT] DIVISION--REVIEW OF PROPOSED CAMPUSES.--Effective January 1, 1998, no new public post-secondary educational institution, branch campus or off-campus instructional center shall be created except as specifically created by the legislature. The higher education division of the department of finance and administration shall review any proposal for the establishment of a new public post-secondary educational institution or campus and submit its recommendations to the legislature. In reviewing proposals, the [department] division may consider:

A. provisions for a local mill levy of at least two mills;

B. population base to provide at least five hundred full-time students;

C. whether at least fifty percent of the costs of initial construction comes from private or local sources;

D. governance structure;

E. means for acquisition of property, including purchase, lease, donations or any other means;

F. eligibility and level of funding request of the state; and

G. brokering of extended learning provisions."

Section 15. Section 21-1-26.10 NMSA 1978 (being Laws 1999 (1st S.S.), Chapter 6, Section 18, as amended) is amended to read:

"21-1-26.10. HIGHER EDUCATION [DEPARTMENT] DIVISION--PLAN FOR FUNDING SIGNIFICANT POST-SECONDARY EDUCATIONAL INFRASTRUCTURE NEEDS.--The higher education division of the department of finance and administration, in conjunction with the governing bodies of the public post-secondary educational institutions and other state educational institutions confirmed in Article 12, Section 11 of the constitution of New Mexico, shall develop and approve a five-year plan for funding the infrastructure renovation and expansion projects designated by the [department] division as the highest priority of significant needs. The [department] division shall determine the projects and amounts to be funded, with a timetable for the projects and amounts to be funded each year over the five-year period, subject to review and comment by the educational institutions and subject to appropriations."

Section 16. Section 21-1-26.11 NMSA 1978 (being Laws 2003, Chapter 394, Section 1, as amended) is amended to read:

"21-1-26.11. HIGHER EDUCATION [DEPARTMENT] DIVISION--ADDITIONAL DUTIES.--In addition to the duties imposed upon the higher education division of the department of finance and administration by the Post-Secondary Educational Planning Act, the [department] division shall plan and budget for the statewide adult basic education program and shall adopt and promulgate rules for all such adult educational programs. The [department] division shall establish a uniform protocol for identifying, communicating with and providing direct and equitable access to funding for eligible agencies, which include:

A. local educational agencies;

B. community-based organizations;

C. volunteer literacy organizations;

D. post-secondary institutions;

E. public or private nonprofit agencies;

F. public libraries;

G. public housing authorities; and

H. a consortium of agencies, organizations, institutions, libraries or authorities as described in Section 203 of Public Law 105."

Section 17. Section 21-1-26.12 NMSA 1978 (being Laws 2005, Chapter 289, Section 14) is amended to read:

"21-1-26.12. EDUCATIONAL NEEDS AND GUIDELINES--ACCOUNTABILITY REPORTS.--

A. The higher education division of the department of finance and administration shall, through consultation with all public post-secondary educational institutions, develop and publish a statement of statewide educational needs and guidelines to assist the institutions in the development or modification of institutional strategic plans. The [department] division may conduct studies of statewide educational needs and make recommendations to the governor, the legislature and public post-secondary educational institutions.

B. All public post-secondary educational institutions, including off-campus instruction programs and learning centers, shall:

(1) approve and submit accountability reports prepared in accordance with the statewide public agenda; and

(2) submit budgets for review no later than August 1 each year for the following fiscal year."

Section 18. Section 21-1-27 NMSA 1978 (being Laws 1965, Chapter 267, Section 1, as amended) is amended to read:

"21-1-27. HIGHER EDUCATION [DEPARTMENT] DIVISION--DISTRIBUTION OF AVAILABLE FUNDS.--In its distribution of available funds and its adjustment and approval of budgets, the higher education division of the department of finance and administration shall not, in any event or in any manner, substitute for public funds any gift, donation, private endowment, patent income or other gratuity received or enjoyed by an institution in determining the adequate financing of an institution under its charge."

Section 19. Section 21-2-2 NMSA 1978 (being Laws 1973, Chapter 233, Section 2) is amended to read:

"21-2-2. DEFINITIONS.--As used in the Post-Secondary Educational Planning Act:

A. "post-secondary education":

(1) means education, training or retraining for persons sixteen years of age or older who have graduated from secondary school or left elementary or secondary school without graduating from secondary school, which is designed to provide for [such] those persons:

(a) adult basic education;

(b) high school equivalency education;

(d) vocational education;

(e) technical education;

(f) general academic education;

(g) undergraduate academic education leading to associate's and bachelor's degrees;

(h) graduate academic education leading to master's and doctor's degrees;

(i) undergraduate and graduate professional education leading to professional degrees;

(j) continuing education; or

(k) some combination of the above; and

(2) includes public, private, nonprofit and proprietary educational institutions and programs of the following types, among others:

(a) technical and vocational institutes;

(b) junior colleges;

(d) colleges and universities;

(e) post-secondary military institutes;

(f) post-secondary vocational schools;

(g) adult vocational and pre-vocational manpower and training programs;

(h) programs designed to identify persons who can benefit from post-secondary education and to assist them in enrolling in appropriate programs; and

(i) programs providing guidance, [counselling] counseling and placement services for persons in connection with their participation in post-secondary education; and

B. "state commission" or "division" means the [state commission on post-secondary education] higher education divison of the department of finance and administration."

Section 20. Section 21-2-3 NMSA 1978 (being Laws 1973, Chapter 233, Section 3, as amended) is amended to read:

"21-2-3. [STATE COMMISSION CREATED--DESIGNATED MEMBERS] DIVISION--DUTIES--DESIGNATION OF SUPPLEMENTARY [MEMBERS] APPOINTMENTS FOR SPECIFIC FUNCTIONS.--[There is created] The higher education division of the department of finance administration shall serve as the "state commission on post-secondary education". [The commission on higher education is designated the state commission.] For the purposes of the Post-Secondary Educational Planning Act, the [commission on higher education] division, in functioning as the state commission, is charged with a concern for all types of post-secondary education and all types of educational institutions and programs as enumerated in Section 21-2-2 NMSA 1978. Whenever federal statutes and regulations so require, the [state commission] division may request the governor to appoint, for specific functions relating to federally sponsored programs, supplementary members to the state commission, and members shall be appointed by the governor to fulfill those specific functions as requested. When sitting with the state commission, the supplementary members shall have, for purposes of the specific functions for which they were appointed, all the powers and perquisites of regular members of the state commission."

Section 21. Section 21-13A-3 NMSA 1978 (being Laws 2003, Chapter 30, Section 3) is amended to read:

"21-13A-3. DEFINITIONS.--As used in the Workforce Training Act:

A. "commission" or "division" means the [commission on] higher education division of the department of finance and administration;

B. "community college" means a public post-secondary educational institution located in New Mexico offering technical or vocational training or two-year degrees;

C. "customized training" means vocational or technical training:

(1) offered by a community college;

(2) that provides specialized employee training for a particular business or industry;

(3) for which a student who successfully completes the training does not receive college credit; and

(4) that enhances workforce development in the state;

D. "tier-2 undergraduate funding level" means tier 2 of the higher education funding formula developed by the commission; and

E. "workforce training program" means the program created by the Workforce Training Act to provide customized training at community colleges in New Mexico."

Section 22. Section 21-21-16 NMSA 1978 (being Laws 1978, Chapter 110, Section 3) is amended to read:

"21-21-16. DEFINITIONS.--As used in the Student Loan Guarantee Act:

A. "board" or "division" means the [board of educational finance] higher education division of the department of finance and administration;

B. "eligible student" means a resident of New Mexico who has been accepted for enrollment or who is enrolled in a participating institution and who is otherwise eligible for a student loan guaranteed under the Student Loan Guarantee Act. A standard of academic performance higher than the minimum required for continuing enrollment in the participating institution shall not be required, and the student [must] shall be meeting the minimum academic requirements of the

participating institution at the time any loan is made;

C. "fiscal agent" means the chief financial officer of one of the state higher educational institutions designated by the [board] division;

D. "loans" means loans made by the fiscal agent to residents of this state under Title IV, Part B of the federal Higher Education Act of 1965, as amended;

E. "participating institution" means any post-high school educational institution within or without the state, public or private, including junior colleges and vocational schools, [which] that qualifies as an eligible institution for the federal guaranteed loan program under the federal Higher Education Act of 1965, as amended, and [which] that is approved

by the [board] division for the purposes of the Student Loan Guarantee Act; and

F. "resident" means a person who has established legal residency in New Mexico, as defined by the [board] division."

Section 23. Section 21-21B-2 NMSA 1978 (being Laws 1982, Chapter 88, Section 2, as amended) is amended to read:

"21-21B-2. DEFINITIONS.--As used in the Work-Study Act:

A. "board", [or] "commission", [or] "department" or "division" means the higher education division of the department of finance and administration; and

B. "institution" means any state post-secondary educational institution and any private nonprofit post-secondary educational institution within New Mexico."

Section 24. Section 21-21C-3 NMSA 1978 (being Laws 1983, Chapter 240, Section 3) is amended to read:

"21-21C-3. DEFINITIONS.--As used in the Student Choice Act:

A. "board" or "division" means the [board of educational finance] higher education division of the department of finance and administration;

B. "institution" means any independent nonprofit nonsectarian four-year college or university whose New Mexico campus is accredited by the north central accrediting association;

C. "independent" as used with respect to an institution means any institution [which] that is not a state institution; and

D. "student choice grant" means a grant awarded to a student by the [board] division pursuant to the provisions of the Student Choice Act."

Section 25. Section 21-21D-3 NMSA 1978 (being Laws 1984, Chapter 96, Section 3) is amended to read:

"21-21D-3. DEFINITIONS.--As used in the Senior Citizens Reduced Tuition Act:

A. "board" means the [board of educational finance] higher education division of the department of finance and administration;

B. "eligible institution" means any New Mexico post-secondary degree-granting educational institution;

C. "reduced tuition" means that tuition charged senior citizens at the rate of five dollars ($5.00) per credit hour, up to six hours per semester; and

D. "senior citizen" means a person age sixty-five or older."

Section 26. Section 21-21F-3 NMSA 1978 (being Laws 1986, Chapter 50, Section 3) is amended to read:

"21-21F-3. DEFINITIONS.--As used in the Fire Fighter and Peace Officer Survivors Scholarship Act:

A. "board" or "division" means the [board of educational finance] higher education division of the department of finance and administration;

B. "eligible institution" means any state institution of higher education in New Mexico;

C. "fire fighter" means any member of a fire department that is part of or administered by the state or any political subdivision of the state;

D. "peace officer" means any member of a police or sheriff's department that is part of or administered by the state or any political subdivision of the state and officers in the corrections department [of corrections]; and

E. "survivor" means the spouse of the fire fighter or peace officer killed in the line of duty and any adopted or natural children twenty-one years of age or under at the time of [his] the fire fighter's or peace officer's death."

Section 27. Section 21-21G-3 NMSA 1978 (being Laws 1988, Chapter 111, Section 3, as amended) is amended to read:

"21-21G-3. DEFINITIONS.--As used in the Graduate Scholarship Act:

A. "academic year" means any consecutive period of two semesters, three quarters or other comparable units commencing with the fall term each year;

B. "award recipient" means a student awarded a graduate scholarship;

C. "department" means the higher education division of the department of finance and administration;

D. "eligible institution" means any

graduate-degree-granting state university accredited by the north central association of colleges and secondary schools;

E. "graduate and professional field" means any program of study intended to result in a master's or doctoral degree, excluding the degree in medicine; and

F. "groups underrepresented in graduate education" means women, minorities, persons with a visual impairment or other physical disability and other groups who have traditionally been underrepresented in the specific area of graduate study or profession for which the scholarship is awarded."

Section 28. Section 21-21H-3 NMSA 1978 (being Laws 1989, Chapter 212, Section 3) is amended to read:

"21-21H-3. DEFINITIONS.--As used in the New Mexico Scholars Act:

A. "academic year" means any consecutive period of two semesters, three quarters or other comparable units commencing with the fall term each year;

B. "award recipient" means a student awarded a New Mexico Scholars Act scholarship;

C. "commission" means the [commission on] higher education division of the department of finance and administration;

D. "eligible institution" means any degree-granting educational institution in New Mexico accredited by the north central association of colleges and secondary schools;

E. "satisfactory academic progress" means completion of at least twenty-four credit hours per year and maintenance of a cumulative grade point average of a minimum of 3.0 or higher on a scale of 4.0; and

F. "scholarship" means a scholarship awarded pursuant to the New Mexico Scholars Act."

Section 29. Section 21-21I-3 NMSA 1978 (being Laws 1990 (1st S.S.), Chapter 8, Section 3, as amended) is amended to read:

"21-21I-3. DEFINITIONS.--As used in the Minority Doctoral Assistance Loan for Service Program Act:

A. "academic committee" means a committee at a sponsoring institution appointed by the president of the institution and composed of two faculty members, two academic administrators and one central administrator;

B. "commission" or "division" means the [commission on] higher education division of the department of finance and administration;

C. "eligible institution" means a [commission-approved] division-approved institution of higher education that offers a doctoral degree-granting program in the fields of engineering, physical or life sciences, mathematics or other academic disciplines in which ethnic minorities and women are demonstrably underrepresented;

D. "sponsoring institution" means a four-year public post-secondary institution located in New Mexico; and

E. "student" means [an individual] a person who is an ethnic minority or a woman and who has been accepted for enrollment at an eligible institution to undertake a post-baccalaureate course of instruction in the field of engineering, physical or life sciences or mathematics."

Section 30. Section 21-21J-3 NMSA 1978 (being Laws 1995, Chapter 35, Section 3) is amended to read:

"21-21J-3. DEFINITIONS.--As used in the Legislative Endowment Scholarship Act:

A. "commission" means the [commission on] higher education division of the department of finance and administration; and

B. "student" means a resident of New Mexico who is enrolled or will be enrolled, at the time the scholarship is awarded, in a public post-secondary educational institution in New Mexico."

Section 31. Section 21-21L-3 NMSA 1978 (being Laws 2005, Chapter 192, Section 3, as amended by Laws 2007, Chapter 70, Section 2 and by Laws 2007, Chapter 71, Section 2 and also by Laws 2007, Chapter 85, Section 2) is amended to read:

"21-21L-3. DEFINITIONS.--As used in the College Affordability Act:

A. "commission", [or] "department" or "division" means the higher education division of the department of finance and administration;

B. "eligible student" means a New Mexico resident who is enrolled or enrolling at least half-time in a public post-secondary educational institution or tribal college at any time later than one hundred twenty days following high school graduation or the award of a general educational development certificate;

C. "scholarship" means a college affordability scholarship; and

D. "tribal college" means a tribally, federally or congressionally chartered post-secondary educational institution located in New Mexico that is accredited by the north central association of colleges and schools."

Section 32. Section 21-21M-3 NMSA 1978 (being Laws 2007, Chapter 75, Section 3 and Laws 2007, Chapter 76, Section 3) is amended to read:

"21-21M-3. DEFINITIONS.--As used in the Students with Disabilities Scholarship Act:

A. "award recipient" means a student with disabilities who receives an undergraduate scholarship;

B. "department" means the higher education division of the department of finance and administration;

C. "secretary" means [secretary of higher education] the director of the division; and

D. "student with disabilities" means a student who has a record of a physical or mental condition that substantially limits one or more major life activities, including attention deficit disorder or other specific learning disabilities that the department recognizes as disabilities."

Section 33. Section 21-22-3 NMSA 1978 (being Laws 1975, Chapter 244, Section 3, as amended) is amended to read:

"21-22-3. DEFINITIONS.--As used in the Medical Student Loan for Service Act:

A. "commission" or "division" means the [commission on] higher education division of the department of finance and administration;

B. "loan" means a grant of funds to defray the costs incidental to a medical education, under a contract between the [commission] division and a medical student, requiring either repayment with interest or repayment in services; and

C. "student" means a resident of New Mexico who is a student enrolled in a school of medicine."

Section 34. Section 21-22A-3 NMSA 1978 (being Laws 1978, Chapter 109, Section 3, as amended) is amended to read:

"21-22A-3. DEFINITIONS.--As used in the Osteopathic Medical Student Loan for Service Act:

A. "commission" or "division" means the [commission on] higher education division of the department of finance and administration;

B. "loan" means a grant of funds to defray the costs incidental to an osteopathic medical education, under a contract between the [commission] division and an osteopathic medical student, requiring either repayment with interest or repayment in services;

C. "osteopathic medical education" means the education required to be an osteopathic physician or osteopathic physician's assistant; and

D. "student" means a resident of New Mexico who is a student enrolled in a school of osteopathic medicine or an osteopathic physician's assistant program."

Section 35. Section 21-22B-3 NMSA 1978 (being Laws 1987, Chapter 299, Section 3, as amended) is amended to read:

"21-22B-3. DEFINITIONS.--As used in the Nursing Student Loan for Service Act:

A. "commission" or "division" means the [commission on] higher education division of the department of finance and administration;

B. "loan" means a grant of funds to defray the costs incidental to a nursing education, under a contract between the [commission] division and a nursing student, requiring repayment with services or repayment with interest;

C. "student" means a resident of New Mexico who is a student enrolled in a program of nursing; and

D. "program of nursing" means a nursing education program in a New Mexico institution accredited by a member of the council on post-secondary accreditation or a nursing education program approved by the New Mexico board of nursing."

Section 36. Section 21-22C-3 NMSA 1978 (being Laws 1994, Chapter 57, Section 5, as amended) is amended to read:

"21-22C-3. DEFINITIONS.--As used in the Allied Health Student Loan for Service Act:

A. "allied health profession" means physical therapy, occupational therapy, speech-language pathology, audiology, pharmacy, nutrition, respiratory care, laboratory technology, radiologic technology, dental hygiene, mental health services, emergency medical services or a licensed or certified health profession as defined by the department;

B. "department" or "division" means the higher education division of the department of finance and administration;

C. "loan" means a grant of money to defray the costs incidental to an allied health profession education, under a contract between the [department] division and an allied health profession student, requiring repayment with services or repayment of principal and interest; and

D. "student" means a resident of New Mexico who is enrolled in an accredited program for one of the allied health professions."

Section 37. Section 21-22D-3 NMSA 1978 (being Laws 1995, Chapter 144, Section 18) is amended to read:

"21-22D-3. DEFINITIONS.--As used in the Health Professional Loan Repayment Act:

A. "commission" or "division" means the [commission on] higher education division of the department of finance and administration;

B. "health professional" means a primary care physician, optometrist, podiatrist, physician's assistant, dentist, nurse, member of an allied health profession as defined in the Allied Health Student Loan for Service Act or a licensed or certified health professional as determined by the [commission] division; and

C. "loan" means a grant of money to defray the costs incidental to a health education, under a contract between the federal government or a commercial lender and a health professional, requiring either repayment of principal and interest or repayment in services."

Section 38. Section 21-22F-3 NMSA 1978 (being Laws 2005, Chapter 83, Section 3, as amended) is amended to read:

"21-22F-3. DEFINITIONS.--As used in the Public Service Law Loan Repayment Act:

A. "committee" means the public service law advisory committee;

B. "department" means the higher education division of the department of finance and administration;

C. "legal education" means education at an accredited law school and any bar review preparation courses for the state bar examination;

D. "loan" means money allocated to defray the costs incidental to a legal education under a contract between the federal government or a commercial lender and a law school student, requiring either repayment of principal and interest or repayment in services;

E. "participating attorney" means an attorney who receives a loan repayment award from the department pursuant to the provisions of the Public Service Law Loan Repayment Act; and

F. "public service employment" means employment with:

(1) an organization that is exempt from taxation pursuant to Section 501(c)(3) of Title 26 of the United States Code and that provides for the care and maintenance of indigent persons in New Mexico through civil legal services;

(2) the public defender department; or

(3) a New Mexico district attorney's office."

Section 39. Section 21-22G-2 NMSA 1978 (being Laws 2009, Chapter 225, Section 2) is amended to read:

"21-22G-2. DEFINITIONS.--As used in the Conditional Tuition Waiver for Primary Care Medical Students Act:

A. "course of study" means a medical student's medical education, including any residency program;

B. "department" means the higher education division of the department of finance and administration;

C. "fund" means the primary care physician conditional tuition waiver program fund;

D. "participant" means [an individual that] a person who has applied to participate in, has been accepted into and has signed a contract agreeing to the terms of the program;

E. "primary care physician" means a medical doctor with specialty training in family medicine, general internal medicine or general pediatrics;

F. "program" means the primary care physician conditional tuition waiver program;

G. "residency" means three years of specialty training in family medicine, general internal medicine or general pediatrics after medical school;

H. "secretary" means the [secretary of] director of the higher education division of the department of finance and administration;

I. "underserved area" means a health care underserved area as defined in the Rural Primary Health Care Act;

J. "university" means the university of New Mexico school of medicine; and

K. "waiver" means a loan to cover tuition, fees and a stipend that is forgiven in whole or in part if the participant renders service as a primary care physician in an underserved area of the state pursuant to the provisions of the Conditional Tuition Waiver for Primary Care Medical Students Act."

Section 40. Section 21-23-3 NMSA 1978 (being Laws 1971, Chapter 303, Section 3, as amended) is amended to read:

"21-23-3. DEFINITIONS.--As used in the Post-Secondary Educational Institution Act:

A. "commission" or "division" means the [commission on] higher education division of the department of finance and administration;

B. "career school" means a private post-secondary educational institution offering a formal educational curriculum in New Mexico for a fee to members of the general public beyond compulsory school age, terminating in a certificate, diploma, associate degree or comparable confirmation of completion of the curriculum;

C. "college" or "university" means a private post-secondary educational institution offering a formal educational curriculum in New Mexico for a fee to members of the general public beyond compulsory school age, terminating in a baccalaureate, master's or doctoral degree or comparable confirmation of completion of the curriculum;

D. "license" means a written acknowledgment by the [commission] division that a career school or nonregionally accredited college or university has met the requirements of the [commission] division for offering a formal educational curriculum within New Mexico;

E. "post-secondary educational institution" includes an academic, vocational, technical, business, professional or other school, college or university or other organization or person offering or purporting to offer courses, instruction, training or education from a physical site in New Mexico, through distance education, correspondence or in person; and

F. "registration" means a written acknowledgment by the [commission] division that a regionally accredited college or university has filed pertinent curriculum and enrollment information as required by the [commission] division."

Section 41. Section 21-23A-2 NMSA 1978 (being Laws 2009, Chapter 60, Section 3) is amended to read:

"21-23A-2. DEFINITIONS.--As used in the American Indian Post-Secondary Education Act:

A. "bureau of Indian education school" means a school located in New Mexico that is under the control of the bureau of Indian education of the United States department of the interior;

B. "department" means the higher education division of the department of finance and administration;

C. "division" means the American Indian post-secondary education [division] bureau of the higher education division of the department of finance and administration;

D. "fund" means the American Indian post-secondary education fund;

E. "public post-secondary educational institution" means an institution of higher education delineated in Article 12, Section 11 of the constitution of New Mexico or a community college, branch community college or technical and vocational institute organized pursuant to Chapter 21, Article 13, 14 or 16 NMSA 1978;

F. "secretary" means the [secretary] director of the higher education division of the department of finance and administration;

G. "tribal college" means a tribally, federally or congressionally chartered post-secondary educational institution located within New Mexico that is accredited by the north central association of colleges and schools; and

H. "tribe" means an Indian nation, tribe or pueblo located within New Mexico."

Section 42. Section 21-24-2 NMSA 1978 (being Laws 1971, Chapter 304, Section 2, as amended) is amended to read:

"21-24-2. DEFINITIONS.--As used in the Out-of-State Proprietary School Act:

A. "course" means [any] a course, plan or program of instruction, conducted in person, by mail or by other methods;

B. "student" means any person within this state who is above compulsory school age and eligible for one or more courses of instruction;

C. "agent" means [any] a person who solicits in person and for a fee the enrollment of a student in a course of instruction offered by a proprietary school;

D. "proprietary school" means a nonpublic out-of-state school, academy or similar institution offering within New Mexico a course of instruction or training through correspondence or similar methods or offering within New Mexico a course of instruction or training to be conducted outside New Mexico, but does not include a private out-of-state post-secondary educational institution offering instruction or training within New Mexico, to any student within this state; and

E. "commission" or "division" means the [commission on] higher education division of the department of finance and administration."

Section 43. Section 21-26-3 NMSA 1978 (being Laws 1983, Chapter 195, Section 3) is amended to read:

"21-26-3. DEFINITIONS.--As used in the Osteopathic Intern Act:

A. "board" or "division" means the [board of educational finance] higher education division of the department of finance and administration;

B. "hospital" means a fully accredited nonprofit osteopathic teaching hospital in New Mexico that accepts newly graduated physicians for internships in family practice; and

C. "osteopathic intern" means a graduate of a college of osteopathic medicine approved by the American osteopathic association and who has been accepted by a hospital for postdoctoral training in family practice."

Section 44. Section 21-27-3 NMSA 1978 (being Laws 1983, Chapter 316, Section 3) is amended to read:

"21-27-3. DEFINITIONS.--As used in the Two-Year College Maintenance Act:

A. "board" or "division" means the [board of educational finance created pursuant to Section 21-1-26 NMSA 1978] higher education division of the department of finance and administration;

B. "fund" means the two-year college maintenance fund; and

C. "qualifying institution" means a statutorily created branch community college, a junior college or area vocational school or a two-year constitutionally created post-secondary state educational institution."

Section 45. Section 21-29-2 NMSA 1978 (being Laws 1997, Chapter 126, Section 2, as amended) is amended to read:

"21-29-2. DEFINITIONS.--As used in the WICHE Loan for Service Act:

A. "commission" or "division" means the [commission on] higher education division of the department of finance and administration; and

B. "student" means a New Mexico resident who is a graduate of a New Mexico high school or has resided in New Mexico for three consecutive years immediately preceding application to the program and who attends or is about to attend a graduate or professional program of education through the auspices of the Compact for Western Regional Cooperation in Higher Education."

Section 46. TEMPORARY PROVISION--TRANSFERS, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the higher education department are transferred to the higher education division of the department of finance and administration.

B. On the effective date of this act, all contractual obligations and agreements of the higher education department shall be binding on the higher education division of the department of finance and administration.

C. On the effective date of this act, all references in the law to the higher education department, the higher education commission, the commission on higher education or the board of educational finance shall be deemed to be references to the higher education division of the department of finance and administration.

Section 47. REPEAL.--Sections 9-25-1 through 9-25-13 NMSA 1978 (being Laws 2005, Chapter 289, Sections 1 through 4, 29 and 5 through 13, as amended) are repealed.

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