HOUSE BILL 71

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Patricia A. Lundstrom

AN ACT

RELATING TO HIGHER EDUCATION; AUTHORIZING THE GALLUP BRANCH OF THE UNIVERSITY OF NEW MEXICO TO BECOME AN INDEPENDENT COMMUNITY COLLEGE; PROVIDING FOR A TRANSITION PERIOD; REQUIRING THE HIGHER EDUCATION DEPARTMENT TO ASSIST IN A FEASIBILITY STUDY.

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

     SECTION 1. A new section of Chapter 21, Article 14 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] GALLUP COMMUNITY COLLEGE--SEPARATION FROM THE UNIVERSITY OF NEW MEXICO--TITLE TO PROPERTY TRANSITION--FEASIBILITY STUDY.--

          A. Except as provided in Subsection C of this section, the Gallup branch of the university of New Mexico may become an independent community college or choose another parent institution with which to affiliate and may terminate the branch agreement as provided in Subsection E of Section 21-14-2 NMSA 1978 and Section 21-13-24.1 NMSA 1978. If the Gallup branch of the university of New Mexico has any outstanding indebtedness, the community college board shall provide for the assumption of that outstanding indebtedness by the property owners of the new community college district.

          B. If the Gallup branch terminates its relationship with the university of New Mexico, all property of the Gallup branch of the university of New Mexico acquired from bond proceeds that was taken in the name of the university of New Mexico shall be transferred to the governing body of the new community college as provided in Section 21-14-14 NMSA 1978. Any other property of the Gallup branch acquired by other means and held in the name of the university of New Mexico shall be transferred to the governing body of the new community college.

          C. Prior to termination of the branch agreement as provided in Subsection A of this section, the Gallup branch and the higher education department shall conduct a study on the feasibility of the Gallup branch operating successfully as an independent community college or whether another state university would be a better strategic partner for the college. The feasibility study shall consider:

                (1) any additional costs that might arise as a result of independence or changing parent institutions;

                (2) the outstanding debt of the Gallup branch and the adequacy of tax levies for operations, maintenance and capital improvements for an independent community college;

                (3) any articulation issues that might arise as a result of independence or changing parent institutions;

                (4) alternative educational or administrative partnership models;

                (5) an evaluation of the branch college's academic program and management practices and any recommendations for improvement; and

                (6) any other matters relative to the feasibility of the branch college changing its status."

- 3 -