0001| HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 1132 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO PUBLIC POST-SECONDARY EDUCATION; PROHIBITING THE | 0013| CREATION OF NEW FOUR-YEAR STATE EDUCATIONAL INSTITUTIONS; | 0014| AMENDING CERTAIN SECTIONS OF THE BRANCH COMMUNITY COLLEGE LAWS | 0015| TO AUTHORIZE CERTAIN INSTITUTIONS TO INITIATE THE ESTABLISHMENT | 0016| OF BRANCH COMMUNITY COLLEGES; REQUESTING A STUDY; AMENDING AND | 0017| ENACTING SECTIONS OF THE NMSA 1978. | 0018| | 0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0020| Section 1. A new section of Chapter 21, Article 1 NMSA | 0021| 1978 is enacted to read: | 0022| "[NEW MATERIAL] LEGISLATIVE FINDINGS--PROHIBITION.-- | 0023| A. The legislature finds that the state currently | 0024| has six four-year universities established by the constitution | 0025| of New Mexico. The legislature has authorized these | 0001| institutions to create branches of their institutions in | 0002| conjunction with local school districts. The legislature also | 0003| finds that proliferation of four-year post-secondary | 0004| educational institutions is not in the best interest of the | 0005| state and shall not be funded by the legislature unless | 0006| specifically authorized by law, but that state universities | 0007| should be allowed to initiate the creation of branch community | 0008| colleges. | 0009| B. Effective July 1, 1997, no new public four-year | 0010| post-secondary educational institution shall be created or | 0011| established except as specifically authorized by law." | 0012| Section 2. Section 21-14-2 NMSA 1978 (being Laws 1963, | 0013| Chapter 162, Section 2, as amended) is amended to read: | 0014| "21-14-2. ESTABLISHMENT AUTHORIZED--BOARD METHOD--PARENT | 0015| INSTITUTION METHOD--DETERMINATION OF NEED--AGREEMENTS.-- | 0016| A. A branch community college may be established in | 0017| a school district upon the showing of need by the local board | 0018| of education. A branch community college may be established to | 0019| include more than one school district, in which instance the | 0020| boards of education shall act as a single board and, if the | 0021| branch community college is established, shall continue to act | 0022| as a single board unless a successor board is established as | 0023| provided in Section 21-14-2.1 NMSA 1978. As used in Chapter | 0024| 21, Article 14 NMSA 1978, "board" means either the local school | 0025| board [of education] or the combined local school boards [of | 0001| education] acting as a single board of the school district or | 0002| the board of the branch community college elected pursuant to | 0003| Section 21-14-2.1 NMSA 1978. | 0004| B. A public post-secondary educational baccalaureate | 0005| degree-granting institution established in Article 12, Section 11 | 0006| of the constitution of New Mexico may initiate the establishment | 0007| of a branch community college by contacting a local school board | 0008| or a number of local school boards and offer to serve as a parent | 0009| institution for a branch community college district created | 0010| pursuant to Chapter 21, Article 14 NMSA 1978. | 0011| [B.] C. The duties of the board are to: | 0012| (1) initiate and conduct the survey provided for | 0013| in Subsection [C] D of this section; | 0014| (2) if the board has initiated the establishment | 0015| of the branch community college, select the parent institution; | 0016| (3) request approval of the branch community | 0017| college from the [board of educational finance] commission on | 0018| higher education; | 0019| (4) enter into written agreements with the board | 0020| of regents of the parent institution [selected], subject | 0021| thereafter to biennial review by all parties concerned and to the | 0022| review and commentary of the [board of educational finance] | 0023| commission on higher education; | 0024| (5) act in an advisory capacity to the board of | 0025| regents of the parent institution in all matters relating to the | 0001| conduct of the branch community college; | 0002| (6) approve an annual budget for the branch | 0003| community college for recommendation to the board of regents of | 0004| the parent institution; | 0005| (7) certify to the board of county commissioners | 0006| the tax levy; and | 0007| (8) conduct the election for tax levies for the | 0008| branch community college. | 0009| [C.] D. Upon evidence of a demand for a branch | 0010| community college, the board shall cause a survey to be made. The | 0011| [board of educational finance] commission on higher education | 0012| shall develop criteria for the establishment of a branch community | 0013| college, and no branch community college shall be established | 0014| without the written authorization of the [board of educational | 0015| finance] commission. | 0016| [D.] E. If need is established, the board, in | 0017| accordance with the [board of educational finance] commission on | 0018| higher education criteria for initiating a branch community | 0019| college program, shall consult with the board of regents of the | 0020| higher education institution selected or proposing to be the | 0021| parent institution, and, if the board and the board of regents | 0022| agree to conduct a branch community college in the area, they | 0023| shall transmit a proposal to establish a branch community college | 0024| to the [board of educational finance] commission. The [board of | 0025| educational finance] commission shall evaluate the need and shall | 0001| notify the board and the board of regents of approval or | 0002| disapproval of the proposal. | 0003| [E.] F. If the proposal is approved, the board and the | 0004| board of regents of the parent institution shall enter into a | 0005| written agreement, which shall include provisions for: | 0006| (1) the higher education institution to have | 0007| full authority and responsibility in relation to all academic | 0008| matters; | 0009| (2) the higher education institution to honor | 0010| all credits earned by students as though they were earned on the | 0011| parent campus; | 0012| (3) the course of study and program offered; | 0013| (4) the cooperative use of physical facilities | 0014| and teaching staff; | 0015| (5) consideration of applications of local | 0016| qualified people before employing teachers of the local school | 0017| system; and | 0018| (6) the detailed agreement of financing and | 0019| financial control of the branch community college. | 0020| [F.] G. The agreement shall be binding upon both the | 0021| board and the board of regents of the parent institution; however, | 0022| it may be terminated by mutual consent or it may be terminated by | 0023| either board upon six months' notice. However, if the branch | 0024| community college has outstanding bonds, either tax or revenue, | 0025| neither the board nor the board of regents may terminate [this] | 0001| the agreement until the outstanding bonds are retired, except as | 0002| provided by Section 21-13-24.1 NMSA 1978. This provision shall | 0003| apply to all agreements in existence between the branch community | 0004| college and the board of regents of the parent institution. | 0005| [G.] H. All taxes levied to pay for principal and | 0006| interest on bonds of the branch community college shall be in | 0007| addition to the taxes levied for operating, maintaining and | 0008| providing facilities for the branch community college pursuant to | 0009| Section 21-14-6 NMSA 1978 and shall not be limited by the tax | 0010| limitation found in that section. | 0011| [H.] I. For the purpose of relating branch community | 0012| colleges to existing laws, branch community college districts or | 0013| branch community colleges shall not: | 0014| (1) be considered a part of the uniform system | 0015| of free public schools pursuant to Article 12, Section 1 and | 0016| Article 21, Section 4 of the constitution of New Mexico; | 0017| (2) benefit from the permanent school fund and | 0018| from the current school fund under Article 12, Sections 2 and 4 of | 0019| the constitution of New Mexico; | 0020| (3) be subject, except as it relates to | 0021| technical and vocational education, to the control, management and | 0022| direction of the state board of education under Article 12, | 0023| Section 6 of the constitution of New Mexico; and | 0024| (4) be considered school districts insofar as | 0025| the restrictions of Article 9, Section 11 of the constitution of | 0001| New Mexico are concerned. | 0002| [I.] J. All elections held pursuant to the branch | 0003| community college laws shall be as follows: | 0004| (1) the board calling the election shall give | 0005| notice of the election in a newspaper of general circulation in | 0006| the branch community college district at least once a week for | 0007| three consecutive weeks, the last insertion to be not less than | 0008| thirty days prior to the proposed election; | 0009| (2) the election shall be conducted and | 0010| canvassed in the same manner as municipal school district | 0011| elections unless otherwise provided in the branch community | 0012| college laws; and | 0013| (3) any person or corporation may institute in | 0014| the district court of any county in which the branch community | 0015| college district affected lies an action or suit to contest the | 0016| validity of any proceedings held under the branch community | 0017| college laws, but no such suit or action shall be maintained | 0018| unless it is instituted within ten days after the issuance by the | 0019| proper officials of a certificate or notification of the results | 0020| of the election and the canvassing of the election returns by the | 0021| board. | 0022| [J.] K. The tax rolls of the school districts | 0023| comprising the branch community college district shall be adopted | 0024| as the tax rolls of the branch community college district. | 0025| L. A public post-secondary educational institution | 0001| established in Article 12, Section 11 of the constitution of New | 0002| Mexico desiring to initiate the establishment of a branch | 0003| community college shall comply with all procedures set forth in | 0004| the Branch Community College Act for establishing two-year | 0005| community colleges." | 0006| Section 3. TEMPORARY PROVISION--STUDY.--The commission on | 0007| higher education shall study the feasibility and benefit to the | 0008| state of the creation or establishment of learning centers or | 0009| similar educational entities operated for the purpose of brokering | 0010| post-secondary educational services to communities in the state. | 0011| The study should include the development of any criteria necessary | 0012| for the establishment of learning centers or entities and | 0013| appropriate establishment and operation procedures if such centers | 0014| are created. The commission shall make its recommendations to the | 0015| legislature and the governor before the second session of the | 0016| forty-third legislature. | 0017|  |