0001| HOUSE BILL 1132
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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| M. MICHAEL OLGUIN
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0005|
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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 PUBLIC POST-SECONDARY EDUCATION; PROVIDING
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0012| AUTHORIZATION FOR THE CREATION OF NEW FOUR-YEAR COLLEGES AND
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0013| UNIVERSITIES; REQUIRING COMPLIANCE WITH THE BRANCH COMMUNITY
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0014| COLLEGE ACT BY EXISTING INSTITUTIONS IN ESTABLISHING ANY TYPE
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0015| OF BRANCH COLLEGE; AUTHORIZING CREATION OF LEARNING CENTERS;
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0016| SPECIFYING POWERS AND DUTIES; AUTHORIZING LOCAL TAX LEVY UPON
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0017| APPROVAL OF VOTERS; ENACTING SECTIONS OF THE NMSA 1978.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. [NEW MATERIAL] FINDING.--The legislature
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0021| finds that the state currently has six four-year colleges and
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0022| universities established by the constitution of New Mexico with
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0023| powers to create branches of their institutions. The
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0024| legislature also finds that proliferation of post-secondary
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0025| four-year educational institutions should be under the control
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0001| of the legislature.
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0002| Section 2. [NEW MATERIAL] ESTABLISHMENT OR CREATION OF
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0003| A FOUR-YEAR COLLEGE.--The creation or establishment of any new
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0004| public four-year college or university is expressly prohibited
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0005| except by statutory authorization.
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0006| Section 3. A new Section 21-14-1.1 NMSA 1978 is enacted
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0007| to read:
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0008| "21-14-1.1. [NEW MATERIAL] SHORT TITLE.--Chapter 21,
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0009| Article 14 NMSA 1978 may be cited as the "Branch College Act"."
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0010| Section 4. A new Section 21-14-2.2 NMSA 1978 is enacted
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0011| to read:
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0012| "21-14-2.2. [NEW MATERIAL] COMPLIANCE WITH PROCEDURES
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0013| FOR CREATION OF BRANCH COMMUNITY COLLEGES.--An existing public
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0014| four-year post-secondary educational institution desiring to
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0015| establish any type of branch college shall comply with those
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0016| procedures required by the Branch Community College Act for
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0017| establishing two-year community colleges."
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0018| Section 5. [NEW MATERIAL] AUTHORITY TO REVIEW AND
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0019| APPROVE.--The commission on higher education has authority to
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0020| review and approve proposals to establish any form of new post-
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0021| secondary educational institution or center.
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0022| Section 6. [NEW MATERIAL] SHORT TITLE.--Sections 6
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0023| through 14 of this act may be cited as the "Learning Center
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0024| Act".
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0025| Section 7. [NEW MATERIAL] DEFINITION.--As used in the
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0001| Learning Center Act:
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0002| A. "commission" means the commission on higher
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0003| education; and
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0004| B. "learning center" means an entity created
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0005| pursuant to the provisions of the Learning Center Act to broker
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0006| post-secondary educational services to the district of the
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0007| learning center by providing programs leading to degrees or
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0008| certificates but that cannot directly employ instructors and
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0009| that is governed by a community-based board.
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0010| Section 8. [NEW MATERIAL] COMPOSITION OF DISTRICT FOR
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0011| A LEARNING CENTER.--The district of a learning center shall
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0012| comprise and be concurrent with the territorial areas of one or
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0013| more existing public school districts in one or more counties,
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0014| other than that area comprising another post-secondary
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0015| education district. The territorial area encompassed by any
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0016| proposed district for a learning center shall in all cases be
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0017| contiguous.
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0018| Section 9. [NEW MATERIAL] CREATION OF LEARNING CENTERS
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0019| AUTHORIZED--PETITION.-- A learning center as provided in the
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0020| Learning Center Act may be created by the filing of a petition
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0021| with the commission signed by registered qualified electors
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0022| resident in each school district comprising the district of the
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0023| proposed learning center, in a number equal to or in excess of
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0024| ten percent of the votes cast for governor in the last
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0025| preceding general election in each school district of the
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0001| proposed district of the learning center. For the purpose of
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0002| determining the vote cast in the school district for governor
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0003| in the last preceding general election, any portion of a voting
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0004| division within any affected school district shall be construed
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0005| to be wholly within the proposed district of the learning
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0006| center.
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0007| Section 10. [NEW MATERIAL] COMMISSION--FEASIBILITY
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0008| STUDY.--
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0009| A. The petition calling for the formation and
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0010| organization of the proposed learning center shall be filed
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0011| with the commission. The commission, upon determining that the
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0012| requisite signatures have been obtained on the petition, shall
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0013| cause a feasibility study to be made of the proposed learning
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0014| center. The commission shall adopt policies and procedures for
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0015| the conduct of feasibility studies on the formation of learning
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0016| centers.
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0017| B. The commission shall approve the petition and
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0018| call an election within the proposed district on the
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0019| establishment of the learning center, if on the basis of the
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0020| study, it finds that:
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0021| (1) there is substantial evidence of need for
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0022| establishing the district that cannot be met by existing post-
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0023| secondary institutions;
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0024| (2) the proposed learning center demonstrates
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0025| a commitment to promoting innovation, collaboration and
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0001| cooperation among institutions, government agencies, public
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0002| schools, business and communities;
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0003| (3) the proposed learning center will be
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0004| organized in a manner that will allow for rapid response to
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0005| changing community needs and allow for the easy elimination of
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0006| programs that are no longer necessary;
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0007| (4) the proposed learning center is the most
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0008| efficient option for providing post-secondary education
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0009| services to the community; and
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0010| (5) the community is ready and equipped to
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0011| support the proposed learning center at a cost acceptable to
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0012| the state.
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0013| Section 11. [NEW MATERIAL] NOTICE AND CONDUCT OF
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0014| ELECTION.--
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0015| A. Upon formal written approval by the commission
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0016| of the petition for the establishment of a learning center, the
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0017| executive director of the commission shall set a date for an
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0018| election within the school districts comprising the district of
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0019| the learning center on the question of whether the proposed
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0020| learning center shall be established and whether the resident
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0021| qualified electors will approve the levy of an annual tax on
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0022| all taxable property within the proposed district at a rate not
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0023| to exceed two dollars ($2.00) on each one thousand dollars
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0024| ($1,000) of net taxable value as that term is defined in the
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0025| Property Tax Code. The proceeds from the tax shall be for the
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0001| purpose of operating and maintaining the learning center. Only
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0002| registered voters of the district of the proposed learning
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0003| center shall vote in the election.
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0004| B. The election pertaining to the approval of the
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0005| creation of the learning center, including the question of
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0006| levying the property tax, shall be submitted to the voters and
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0007| voted upon as a separate question at a special election or at
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0008| the next regular election in each of the school districts
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0009| comprising the district of the proposed learning center. The
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0010| elections shall be called, conducted and canvassed as provided
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0011| in the School Election Law.
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0012| C. The local school boards of each school district
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0013| in which the election is conducted shall certify the total
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0014| number of the votes cast for and against the proposal to the
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0015| commission.
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0016| D. In the event a majority of the votes in each
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0017| school district within the boundaries of the proposed learning
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0018| center is in favor of the proposed learning center and for the
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0019| imposition of the tax levy and such votes are equal in number
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0020| to at least fifteen percent of the total number of votes cast
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0021| for governor in the last general election in which the office
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0022| of governor was voted upon within those school districts, the
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0023| learning center shall be declared established as comprised of
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0024| those school districts so voting in favor.
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0025| E. In those school districts voting in the election
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0001| where the majority of the votes did not approve the creation of
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0002| the learning center, no election upon the future incorporation
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0003| of that school district within the district of the learning
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0004| center shall be held earlier than two years from the date of
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0005| the election expressing disapproval.
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0006| Section 12. [NEW MATERIAL] LEARNING CENTER BOARD.--
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0007| A. Upon its declaration that the learning center
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0008| has been established pursuant to the Learning Center Act, the
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0009| executive director of the commission shall notify by registered
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0010| mail all the boards of education of the local school districts
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0011| comprising the learning center of the results and shall call a
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0012| meeting of the members of the boards of education, which shall
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0013| be held at a time and site within the district of the learning
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0014| center not later than sixty days after the election. The
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0015| executive director or his designee shall act as chairman pro
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0016| tempore of the meeting and a majority of the members of the
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0017| boards of education so notified shall constitute a quorum.
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0018| B. A majority of all board of education members
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0019| present shall elect five persons as members of the learning
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0020| center board. The persons elected shall be assigned position
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0021| numbers one through five. The learning center board shall
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0022| select from its members a chairman and secretary, who shall
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0023| serve in those offices until the next regular learning center
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0024| board election. Board members shall be over twenty-one years
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0025| of age, qualified electors and residents of the district
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0001| comprising the learning center.
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0002| C. The members of the board shall continue to serve
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0003| until the first Tuesday in March of each odd-numbered year, at
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0004| which time five board members shall be elected by the
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0005| registered voters of the learning center district. The
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0006| candidates shall file for and be elected to a particular
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0007| position number. The candidate receiving the highest number of
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0008| votes for a particular position shall be elected.
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0009| D. At the first learning center board meeting after
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0010| the election, the five elected members shall draw lots for the
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0011| following terms: one for a term of two years, two for terms of
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0012| four years and two for terms of six years. Thereafter, board
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0013| members shall be elected for terms of six years from April 1
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0014| succeeding their elections. Any vacancies caused in any other
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0015| manner than by the expiration of the term of office shall be
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0016| filled by appointment by the remaining members of the board to
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0017| fill a vacancy in office to serve until the next learning
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0018| center board election, at which time candidates shall file for
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0019| and be elected to fill the vacant position to serve the
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0020| remainder of the unexpired term.
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0021| Section 13. [NEW MATERIAL] ELECTION OF BOARD MEMBERS.-
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0022| -Regular elections for members of a learning center board shall
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0023| be called, conducted and canvassed in the same manner as
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0024| regular elections of board members of community colleges.
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0025| Section 14. [NEW MATERIAL] BOARDS--POWERS AND DUTIES.-
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0001| -
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0002| A. A learning center board may:
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0003| (1) fix tuition and fee rates for resident and
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0004| nonresident students of the learning center;
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0005| (2) accept gifts and bequests and may receive
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0006| state support for capital projects or recurring operating
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0007| costs;
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0008| (3) accept federal grants and other aid;
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0009| (4) purchase, hold, sell and rent property and
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0010| equipment;
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0011| (5) employ, upon the president's
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0012| recommendation, administrative personnel as deemed necessary
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0013| for the operation, maintenance and administration of the
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0014| learning center; and
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0015| (6) promote the general welfare of the
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0016| learning center for the best interest of educational services
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0017| to the people of the district.
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0018| B. The learning center board shall:
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0019| (1) determine financial and educational
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0020| policies for the learning center;
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0021| (2) broker post-educational services to
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0022| provide programs leading to degrees or certificates but not
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0023| directly employ instructors for those programs;
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0024| (3) contract with regionally accredited in-
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0025| state, out-of-state, public or private post-secondary education
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0001| institutions to provide programs leading to degrees or
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0002| certificates, but not to award those degrees or certificates
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0003| directly; and
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0004| (4) provide for the management of the learning
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0005| center and the execution of board policies by selecting a
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0006| competent president for the learning center.
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0007|
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0008| HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
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0009| HOUSE BILL 1132
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0010| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0011|
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0012|
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0013|
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0014|
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0015|
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0016|
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0017|
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0018| AN ACT
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0019| RELATING TO PUBLIC POST-SECONDARY EDUCATION; PROHIBITING THE
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0020| CREATION OF NEW FOUR-YEAR STATE EDUCATIONAL INSTITUTIONS;
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0021| AMENDING CERTAIN SECTIONS OF THE BRANCH COMMUNITY COLLEGE LAWS
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0022| TO AUTHORIZE CERTAIN INSTITUTIONS TO INITIATE THE ESTABLISHMENT
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0023| OF BRANCH COMMUNITY COLLEGES; REQUESTING A STUDY; AMENDING AND
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0024| ENACTING SECTIONS OF THE NMSA 1978.
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0025|
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0001| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0002| Section 1. A new section of Chapter 21, Article 1 NMSA
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0003| 1978 is enacted to read:
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0004| "[NEW MATERIAL] LEGISLATIVE FINDINGS--PROHIBITION.--
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0005| A. The legislature finds that the state currently
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0006| has six four-year universities established by the constitution
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0007| of New Mexico. The legislature has authorized these
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0008| institutions to create branches of their institutions in
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0009| conjunction with local school districts. The legislature also
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0010| finds that proliferation of four-year post-secondary
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0011| educational institutions is not in the best interest of the
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0012| state and shall not be funded by the legislature unless
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0013| specifically authorized by law, but that state universities
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0014| should be allowed to initiate the creation of branch community
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0015| colleges.
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0016| B. Effective July 1, 1997, no new public four-year
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0017| post-secondary educational institution shall be created or
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0018| established except as specifically authorized by law."
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0019| Section 2. Section 21-14-2 NMSA 1978 (being Laws 1963,
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0020| Chapter 162, Section 2, as amended) is amended to read:
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0021| "21-14-2. ESTABLISHMENT AUTHORIZED--BOARD METHOD--PARENT
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0022| INSTITUTION METHOD--DETERMINATION OF NEED--AGREEMENTS.--
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0023| A. A branch community college may be established in
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0024| a school district upon the showing of need by the local board
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0025| of education. A branch community college may be established to
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0001| include more than one school district, in which instance the
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0002| boards of education shall act as a single board and, if the
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0003| branch community college is established, shall continue to act
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0004| as a single board unless a successor board is established as
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0005| provided in Section 21-14-2.1 NMSA 1978. As used in Chapter
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0006| 21, Article 14 NMSA 1978, "board" means either the local
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0007| school board [of education] or the combined local school
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0008| boards [of education] acting as a single board of the school
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0009| district or the board of the branch community college elected
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0010| pursuant to Section 21-14-2.1 NMSA 1978.
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0011| B. A public post-secondary educational
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0012| baccalaureate degree-granting institution established in
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0013| Article 12, Section 11 of the constitution of New Mexico may
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0014| initiate the establishment of a branch community college by
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0015| contacting a local school board or a number of local school boards
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0016| and offer to serve as a parent institution for a branch community
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0017| college district created pursuant to Chapter 21, Article 14 NMSA
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0018| 1978.
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0019| [B.] C. The duties of the board are to:
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0020| (1) initiate and conduct the survey provided for
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0021| in Subsection [C] D of this section;
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0022| (2) if the board has initiated the establishment
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0023| of the branch community college, select the parent institution;
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0024| (3) request approval of the branch community
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0025| college from the [board of educational finance] commission on
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0001| higher education;
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0002| (4) enter into written agreements with the board
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0003| of regents of the parent institution [selected], subject
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0004| thereafter to biennial review by all parties concerned and to the
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0005| review and commentary of the [board of educational finance]
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0006| commission on higher education;
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0007| (5) act in an advisory capacity to the board of
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0008| regents of the parent institution in all matters relating to the
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0009| conduct of the branch community college;
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0010| (6) approve an annual budget for the branch
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0011| community college for recommendation to the board of regents of
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0012| the parent institution;
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0013| (7) certify to the board of county commissioners
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0014| the tax levy; and
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0015| (8) conduct the election for tax levies for the
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0016| branch community college.
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0017| [C.] D. Upon evidence of a demand for a branch
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0018| community college, the board shall cause a survey to be made. The
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0019| [board of educational finance] commission on higher education
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0020| shall develop criteria for the establishment of a branch community
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0021| college, and no branch community college shall be established
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0022| without the written authorization of the [board of educational
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finance] commission.
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0024| [D.] E. If need is established, the board, in
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0025| accordance with the [board of educational finance] commission
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0001| on higher education criteria for initiating a branch community
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0002| college program, shall consult with the board of regents of the
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0003| higher education institution selected or proposing to be the
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0004| parent institution, and, if the board and the board of regents
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0005| agree to conduct a branch community college in the area, they
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0006| shall transmit a proposal to establish a branch community college
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0007| to the [board of educational finance] commission. The [board
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of educational finance] commission shall evaluate the need and
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0009| shall notify the board and the board of regents of approval or
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0010| disapproval of the proposal.
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0011| [E.] F. If the proposal is approved, the board and
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0012| the board of regents of the parent institution shall enter into a
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0013| written agreement, which shall include provisions for:
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0014| (1) the higher education institution to have
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0015| full authority and responsibility in relation to all academic
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0016| matters;
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0017| (2) the higher education institution to honor
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0018| all credits earned by students as though they were earned on the
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0019| parent campus;
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0020| (3) the course of study and program offered;
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0021| (4) the cooperative use of physical facilities
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0022| and teaching staff;
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0023| (5) consideration of applications of local
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0024| qualified people before employing teachers of the local school
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0025| system; and
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0001| (6) the detailed agreement of financing and
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0002| financial control of the branch community college.
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0003| [F.] G. The agreement shall be binding upon both
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0004| the board and the board of regents of the parent institution;
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0005| however, it may be terminated by mutual consent or it may be
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0006| terminated by either board upon six months' notice. However, if
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0007| the branch community college has outstanding bonds, either tax or
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0008| revenue, neither the board nor the board of regents may terminate
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0009| [this] the agreement until the outstanding bonds are retired,
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0010| except as provided by Section 21-13-24.1 NMSA 1978. This
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0011| provision shall apply to all agreements in existence between the
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0012| branch community college and the board of regents of the parent
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0013| institution.
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0014| [G.] H. All taxes levied to pay for principal and
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0015| interest on bonds of the branch community college shall be in
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0016| addition to the taxes levied for operating, maintaining and
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0017| providing facilities for the branch community college pursuant to
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0018| Section 21-14-6 NMSA 1978 and shall not be limited by the tax
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0019| limitation found in that section.
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0020| [H.] I. For the purpose of relating branch
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0021| community colleges to existing laws, branch community college
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0022| districts or branch community colleges shall not:
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0023| (1) be considered a part of the uniform system
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0024| of free public schools pursuant to Article 12, Section 1 and
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0025| Article 21, Section 4 of the constitution of New Mexico;
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0001| (2) benefit from the permanent school fund and
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0002| from the current school fund under Article 12, Sections 2 and 4 of
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0003| the constitution of New Mexico;
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0004| (3) be subject, except as it relates to
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0005| technical and vocational education, to the control, management and
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0006| direction of the state board of education under Article 12,
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0007| Section 6 of the constitution of New Mexico; and
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0008| (4) be considered school districts insofar as
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0009| the restrictions of Article 9, Section 11 of the constitution of
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0010| New Mexico are concerned.
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0011| [I.] J. All elections held pursuant to the branch
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0012| community college laws shall be as follows:
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0013| (1) the board calling the election shall give
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0014| notice of the election in a newspaper of general circulation in
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0015| the branch community college district at least once a week for
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0016| three consecutive weeks, the last insertion to be not less than
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0017| thirty days prior to the proposed election;
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0018| (2) the election shall be conducted and
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0019| canvassed in the same manner as municipal school district
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0020| elections unless otherwise provided in the branch community
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0021| college laws; and
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0022| (3) any person or corporation may institute in
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0023| the district court of any county in which the branch community
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0024| college district affected lies an action or suit to contest the
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0025| validity of any proceedings held under the branch community
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0001| college laws, but no such suit or action shall be maintained
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0002| unless it is instituted within ten days after the issuance by the
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0003| proper officials of a certificate or notification of the results
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0004| of the election and the canvassing of the election returns by the
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0005| board.
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0006| [J.] K. The tax rolls of the school districts
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0007| comprising the branch community college district shall be adopted
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0008| as the tax rolls of the branch community college district.
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0009| L. A public post-secondary educational institution
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0010| established in Article 12, Section 11 of the constitution of New
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0011| Mexico desiring to initiate the establishment of a branch
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0012| community college shall comply with all procedures set forth in
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0013| the Branch Community College Act for establishing two-year
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0014| community colleges."
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0015| Section 3. TEMPORARY PROVISION--STUDY.--The commission on
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0016| higher education shall study the feasibility and benefit to the
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0017| state of the creation or establishment of learning centers or
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0018| similar educational entities operated for the purpose of brokering
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0019| post-secondary educational services to communities in the state.
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0020| The study should include the development of any criteria necessary
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0021| for the establishment of learning centers or entities and
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0022| appropriate establishment and operation procedures if such centers
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0023| are created. The commission shall make its recommendations to the
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0024| legislature and the governor before the second session of the
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0025| forty-third legislature.
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0001| State of New Mexico
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0002| House of Representatives
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0003|
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0004| FORTY-THIRD LEGISLATURE
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0005| FIRST SESSION, 1997
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0006|
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0007|
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0008| March 10, 1997
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0009|
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0010|
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0011| Mr. Speaker:
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0012|
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0013| Your EDUCATION COMMITTEE, to whom has been referred
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0014|
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0015| HOUSE BILL 1132
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO NOT PASS, but that
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0019|
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0020| HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
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0021| HOUSE BILL 1132
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0022|
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0023| DO PASS, and thence referred to TAXATION AND REVENUE
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0024| COMMITTEE.
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0025|
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0001|
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0002| Respectfully submitted,
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0003|
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0004|
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0005|
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0006|
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0007| Samuel F. Vigil, Chairman
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0008|
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0009|
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0010| Adopted Not Adopted
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0011|
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014| Date
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0015|
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0016| The roll call vote was 4 For 3 Against
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0017| Yes: 4
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0018| No: Trujillo, S.M. Williams, Vigil
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0019| Excused: Gonzales, Mallory, McSherry, Nicely, Weeks, Wright
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0020| Absent: None
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0021|
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0022|
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0023|
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0024| G:\BILLTEXT\BILLW_97\H1132 State of New Mexico
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0025| House of Representatives
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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| March 14, 1997
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0012| been referred
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0013|
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0014| HOUSE EDUCATION COMMITTEE SUBSTITUTE
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0015| FOR HOUSE BILL 1132
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO PASS.
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0019|
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0020|
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0021| Respectfully submitted,
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0022|
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0023|
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0024|
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0025|
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0001| Jerry W. Sandel, Chairman
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0002|
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0003|
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0004| Adopted Not Adopted
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0005|
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008| Date
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0009|
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0010| The roll call vote was 10 For 2 Against
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0011| Yes: 10
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0012| Against: Russell, Stell
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0013| Excused: Sandoval
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0014| Absent: None
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0015|
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0016|
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0017|
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0018| G:\BILLTEXT\BILLW_97\H1132
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0019|
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0020| FORTY-THIRD LEGISLATURE
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0021| FIRST SESSION, 1997
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0022|
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0023|
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0024| March 18, 1997
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0025|
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0001| Mr. President:
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0002|
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0003| Your EDUCATION COMMITTEE, to whom has been referred
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0004|
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0005| HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
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0006| HOUSE BILL 1132
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0007|
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0008| has had it under consideration and reports same with recommendation
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0009| that it DO PASS.
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0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015| __________________________________
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0016| Cynthia Nava, Chairman
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0017|
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0018|
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0019|
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0020| Adopted_______________________ Not Adopted_______________________
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023|
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0024|
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0025| Date ________________________
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0001|
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0002|
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0003| The roll call vote was 7 For 0 Against
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0004| Yes: 7
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0005| No: 0
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0006| Excused: Duran, Garcia, Maloof
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0007| Absent: None
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0008|
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0009|
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0010| H1132ED1
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