0001| HOUSE BILL 845 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| JOSE R. ABEYTA | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO EDUCATION; AUTHORIZING COMMUNITY SERVICE CENTERS TO | 0012| PROVIDE EDUCATIONAL AND GOVERNMENTAL SERVICES; AUTHORIZING | 0013| IMPOSITION OF PROPERTY TAX BY PARTICIPATING SCHOOL DISTRICTS; | 0014| PROVIDING POWERS AND DUTIES. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. SHORT TITLE.--This act may be cited as the | 0018| "Community Service Center Act". | 0019| Section 2. PURPOSE.--The purpose of the Community Service | 0020| Center Act is to facilitate delivery of educational services to | 0021| all residents of New Mexico in both metropolitan and rural | 0022| areas in recognition that this state has significant rural and | 0023| place-bound populations having limited or no access to post- | 0024| secondary education. To accomplish this purpose the Community | 0025| Service Center Act intends to: | 0001| A. facilitate the delivery of readily available | 0002| educational and governmental services to rural and place-bound | 0003| citizens; | 0004| B. minimize the construction of new campuses for | 0005| post-secondary education purposes; | 0006| C. facilitate collaboration and cooperation among | 0007| institutions of higher education with each other and with state | 0008| agencies to make efficient use of state expenditures in the | 0009| purchase of technological infrastructure; | 0010| D. create innovative and flexible means of meeting | 0011| the educational and governmental needs of rural and place-bound | 0012| citizens; | 0013| E. aid the development of economic self-sufficiency | 0014| in rural communities; and | 0015| F. encourage greater efficiency in the use of state | 0016| resources as a consequence of the foregoing. | 0017| Section 3. DEFINITIONS.--As used in the Community Service | 0018| Center Act: | 0019| A. "agency" means an agency of the state; | 0020| B. "board" means a local board of education; | 0021| C. "center" means a community service center | 0022| authorized by the Community Service Center Act; | 0023| D. "community service center" means a program | 0024| managed by a council for the purpose of the Community Service | 0025| Center Act; | 0001| E. "council" means the governing body of one or | 0002| more community service centers; | 0003| F. "council district" means the area included | 0004| within local school districts or school districts participating | 0005| in the council; | 0006| G. "educational program" means and includes | 0007| academic, vocational, informational and recreational programs, | 0008| including undergraduate and graduate degree programs; | 0009| H. "institution" means an institution of higher | 0010| education, including public or private institutions, two- and | 0011| four-year institutions and academic or vocational-educational | 0012| institutions; | 0013| I. "lead institution" means an institution | 0014| contracting with a center for purposes authorized by the | 0015| Community Service Center Act and agreeing to provide student | 0016| services at a local level and includes two- and four-year | 0017| institutions collaborating to act jointly as a lead | 0018| institution; and | 0019| J. "student services" means admissions, advisement, | 0020| transfer and articulation, financial aid, counseling and | 0021| placement services. | 0022| Section 4. ESTABLISHMENT AUTHORIZED--COUNCIL.-- | 0023| A. The board of a school district or the boards of | 0024| one or more than one school district may establish by a joint | 0025| powers agreement a community service center. The community | 0001| service center may be established in cooperation with one or | 0002| more agencies. | 0003| B. The governing authority of a community service | 0004| center shall be a council composed of the superintendents or | 0005| their designees of each participating school district, | 0006| representatives of participating agencies, if any, and those | 0007| other community members as the organizing members of the | 0008| council shall determine. | 0009| C. The conduct of the business of the council shall | 0010| be governed by bylaws adopted by the council. | 0011| Section 5. POWERS AND DUTIES.-- | 0012| A. The council may: | 0013| (1) employ necessary staff; | 0014| (2) enter into contracts and written | 0015| agreements; | 0016| (3) sue and be sued; | 0017| (4) coordinate mill levy elections pursuant to | 0018| Section 8 of the Community Service Center Act; | 0019| (5) act as joint fiscal agent for the | 0020| participating districts for purposes related to the center | 0021| activities in the same manner and extent as school districts | 0022| are authorized to act as fiscal agents; and | 0023| (6) select and contract with a lead | 0024| institution for the purpose of facilitating: | 0025| (a) the availability at a local level of | 0001| accredited educational programs, student services and | 0002| credentials, including degrees and certificates, for learners | 0003| completing credentialing requirements; | 0004| (b) the coordination of programming | 0005| between the lead institution and other provider institutions | 0006| that might be required to meet local educational needs and that | 0007| will be recognized in the awarding of credentials by the lead | 0008| institution or other participating institutions; | 0009| (c) coordination of the delivery of | 0010| services and division of state provided educational funding | 0011| among participating institutions; and | 0012| (d) transfer and articulation of | 0013| accredited credits for course work obtained by learners from | 0014| institutions other than the lead institution to assure the | 0015| efficient application of the credits toward the award of a | 0016| degree or certificate without duplication. | 0017| B. The council shall: | 0018| (1) assess on a continuing basis the | 0019| educational and governmental service needs of the region served | 0020| by the center; | 0021| (2) manage the center; | 0022| (3) assure that the educational and | 0023| governmental services needs of each community located within | 0024| the participating districts are addressed respectively to | 0025| participating institutions and appropriate state agencies; | 0001| (4) assure that services are provided, to the | 0002| degree practical and possible, within each community located | 0003| within the participating districts; | 0004| (5) create and interact with a committee of | 0005| advisory institutions, agencies and businesses; | 0006| (6) monitor and enforce the performance of the | 0007| contractual obligations of institutions with which written | 0008| agreements are made; and | 0009| (7) certify on behalf of the participating | 0010| districts to the respective county commissioners the tax levies | 0011| authorized by the boards of the participating districts for | 0012| purposes of the Community Service Center Act. | 0013| Section 6. NATURE OF CENTERS.--A center shall not be | 0014| deemed to be an institution. A center is authorized for the | 0015| purpose, inter alia, facilitate the connection between learners | 0016| and institutions. The learners are deemed students of the | 0017| respective institutions providing programs and courses to the | 0018| learners as otherwise determined by the institutions in | 0019| accordance with law, subject to agreements between | 0020| participating institutions governing revenue sharing. | 0021| Section 7. STATE FUNDING FOR INSTITUTIONS--TUITIONS AND | 0022| FEES--AGREEMENTS.-- | 0023| A. The lead and participating institutions shall | 0024| receive public funding and tuition and fees for learners | 0025| enrolled in the institutions through the facility of a center | 0001| in the same manner as the institutions receive funding for | 0002| extended learning offerings under law, subject to the | 0003| provisions of agreements between the lead institution and | 0004| participating institutions for the division of the funding. | 0005| B. A lead institution shall enter into written | 0006| agreements with other institutions providing courses or | 0007| programs for the purpose of dividing the funding received by | 0008| the institutions from the state, taking into account the | 0009| requirements of the lead institution to provide student | 0010| services and the cost associated with the services. | 0011| Section 8. LOCAL FUNDING--TAX LEVIES.-- | 0012| A. The local school board of each school district | 0013| comprising the council may call an election within the school | 0014| district for the purpose of authorizing the levy of an annual | 0015| tax on all taxable property within the school district for the | 0016| purpose of operating and maintaining centers and subsidizing | 0017| the delivery of student services, programs and courses offered | 0018| by participating institutions. | 0019| B. The rate of tax levies shall not exceed five | 0020| dollars ($5.00) on each one thousand dollars ($1,000) of net | 0021| taxable value as that term is defined in the Property Tax Code; | 0022| provided that, the center shall not receive any state funding | 0023| unless each school district comprising the council levies a tax | 0024| of not less than two dollars ($2.00) on each one thousand | 0025| dollars ($1,000) of taxable value. The rate limitation | 0001| provisions of Section 7-37-7.1 NMSA 1978 shall not apply to the | 0002| rates imposed under this section. | 0003| C. All elections pertaining to the levy, including | 0004| elections upon the question of levying additional taxes over | 0005| and above the limitation for the same purposes as provided in | 0006| Subsection B of this section and upon the question of | 0007| abolishing the approved levy, shall be submitted to the | 0008| electors and voted upon as a separate question at a special | 0009| election or at the next regular election of the school | 0010| district. All elections shall be called, conducted and | 0011| canvassed as provided in the School Election Law. | 0012| D. An election to abolish an approved levy shall be | 0013| called by the local school board upon receipt of a petition | 0014| signed by voters of the district in a number equal to at least | 0015| ten percent of the number of votes cast for governor at the | 0016| last preceding general election in which the office of governor | 0017| was filled. The petition shall state the question to be voted | 0018| on. Voters of a school district that is part of a council may | 0019| petition by the same manner to withdraw the district from the | 0020| council district. | 0021| E. At any time prior to the conduct of an election | 0022| to authorize a mill levy in a school district, the district may | 0023| withdraw from participation in a council by resolution of the | 0024| local board. Following the approval of a levy in a district, | 0025| the district shall not withdraw from the council or terminate | 0001| the levy except upon approval of a majority of the voters of | 0002| the district at an election held as provided in this section. | 0003| Section 9. AVAILABILITY OF SCHOOL FACILITIES--USE OF | 0004| OTHER FACILITIES.--Public school facilities within districts | 0005| creating centers may be made available for purposes of the | 0006| Community Service Center Act as needed and in such manner as | 0007| will not interfere with the regular program of public school | 0008| instruction. | 0009| Section 10. AGENCY AUTHORIZATION.--Agencies may enter | 0010| into written agreements with a council for the purpose of | 0011| facilitating the provision of agency services to citizens | 0012| within the area served by the council. Agencies may purchase | 0013| services, purchase equipment for public use at centers, lease | 0014| space within center facilities and designate representatives to | 0015| serve upon a council and to serve on committees advising a | 0016| council in the operation of a center. | 0017| Section 11. TWO-YEAR INSTITUTIONS--AUTHORIZATION.--Two- | 0018| year institutions may act as participating institutions in the | 0019| same manner as four-year institutions upon specific | 0020| authorization of their governing boards. | 0021| Section 12. ELIGIBILITY FOR FUNDING.--Centers shall not | 0022| be eligible for capital funding except for equipment purchases; | 0023| nor shall centers be eligible for recurrent operational | 0024| funding. | 0025|  | 0001| State of New Mexico | 0002| House of Representatives | 0003| | 0004| FORTY-THIRD LEGISLATURE | 0005| FIRST SESSION, 1997 | 0006| | 0007| | 0008| February 28, 1997 | 0009| | 0010| | 0011| Mr. Speaker: | 0012| | 0013| Your EDUCATION COMMITTEE, to whom has been referred | 0014| | 0015| HOUSE BILL 845 | 0016| | 0017| has had it under consideration and reports same with | 0018| recommendation that it DO PASS, amended as follows: | 0019| | 0020| 1. On page 1, line 23, strike extra space between "post-" | 0021| and "secondary". | 0022| | 0023| 2. On page 3, line 20, strike "articulation", and insert | 0024| in lieu thereof "matriculation". | 0025| | 0001| 3. On page 7, line 25, strike "The rate limitation", | 0002| and on page 8, strike lines 1 and 2., | 0003| | 0004| and thence referred to the TAXATION AND REVENUE | 0005| COMMITTEE. | 0006| | 0007| Respectfully submitted, | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| Samuel F. Vigil, Chairman | 0014| | 0015| | 0016| Adopted Not Adopted | 0017| | 0018| (Chief Clerk) (Chief Clerk) | 0019| | 0020| Date | 0021| | 0022| The roll call vote was 9 For 2 Against | 0023| Yes: 9 | 0024| No: Gonzales, Vigil | 0025| Excused: Nicely, Weeks | 0001| Absent: None | 0002| | 0003| | 0004| | 0005| G:\BILLTEXT\BILLW_97\H0845 |