0001| SENATE BILL 51 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| BILLY J. McKIBBEN | 0005| | 0006| | 0007| | 0008| FOR THE EXCELLENCE IN HIGHER EDUCATION COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO EDUCATION; LIMITING THE NUMBER OF UNIVERSITIES, | 0012| BRANCH CAMPUSES, COMMUNITY COLLEGES, BRANCH COMMUNITY | 0013| COLLEGES, TECHNICAL AND VOCATIONAL INSTITUTES, AREA VOCATIONAL | 0014| SCHOOLS AND OFF-CAMPUS INSTRUCTION CENTERS; AMENDING, | 0015| REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN | 0016| EMERGENCY. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. Section 21-1-39 NMSA 1978 (being Laws 1997, | 0020| Chapter 167, Section 1) is amended to read: | 0021| "21-1-39. ||LEGISLATIVE FINDINGS ~[PROHIBITION]~.-- | 0022| ~[A.]~ The legislature finds that the state currently has six | 0023| ~[four-year]~ universities established by the constitution of | 0024| New Mexico. The legislature has authorized these institutions | 0025| to create branches of their institutions in conjunction with | - 1 - 0001| local school districts. The legislature also finds that | 0002| proliferation of ~[four-year]~ post-secondary educational | 0003| institutions is not in the best interest of the state ~[and | 0004| shall not be funded by the legislature unless specifically | 0005| authorized by law, but that state universities should be | 0006| allowed to initiate the creation of branch community colleges. | 0007| B. Effective July 1, 1997, no new public four-year | 0008| post-secondary educational institution shall be created or | 0009| established except as specifically authorized by law]~." | 0010| Section 2. A new section of Chapter 21, Article 1 NMSA | 0011| 1978 is enacted to read: | 0012| "[|NEW MATERIAL|] LIMITATION--COMMISSION ON HIGHER | 0013| EDUCATION--REVIEW OF PROPOSED CAMPUSES.--Effective January 1, | 0014| 1998, no new public post-secondary educational institution, | 0015| branch campus or off-campus instructional center shall be | 0016| created except as specifically created by the legislature. | 0017| The commission on higher education shall review any proposal | 0018| for the establishment of a new public post-secondary | 0019| educational institution or campus and submit its | 0020| recommendations to the legislature. In reviewing proposals, | 0021| the commission may consider: | 0022| A. provisions for a local mill levy of at least | 0023| two mills; | 0024| B. population base to provide at least five | 0025| hundred full-time students; | - 2 - 0001| C. at least fifty percent of the costs of initial | 0002| construction comes from private or local sources; | 0003| D. governance structure; | 0004| E. means for acquisition of property, including | 0005| purchase, lease, donations or any other means; | 0006| F. eligibility and level of funding request of the | 0007| state; and | 0008| G. brokering of extended learning provisions." | 0009| Section 3. Section 21-13-2 NMSA 1978 (being Laws 1963, | 0010| Chapter 17, Section 2, as amended) is amended to read: | 0011| "21-13-2. DEFINITIONS.--As used in the Community College | 0012| Act: | 0013| A. "community college" means a public educational | 0014| institution ~[which]~ |that| provides not to exceed two years | 0015| of training in the arts, sciences and humanities beyond the | 0016| twelfth grade of the public high school curriculum or, in lieu | 0017| of that training or in addition to it, not to exceed two years | 0018| of a vocational and technical curriculum and appropriate | 0019| courses of study for persons who may or may not have completed | 0020| the twelfth grade of public high school; | 0021| B. "community college district" means a district | 0022| in which a community college is located ~[or proposed to be | 0023| created]~, which district ~[shall be]~ |is| composed of the | 0024| territory of one or more school districts of the state. For | 0025| the purposes of relating community college districts to | - 3 - 0001| existing law, community college districts and the community | 0002| colleges thereof shall not: | 0003| (1) be considered a part of the uniform | 0004| system of free public schools pursuant to Article 12, Section | 0005| 1 and Article 21, Section 4 of the constitution of New Mexico; | 0006| (2) benefit from the permanent school fund | 0007| and from the current school fund under Article 12, Sections 2 | 0008| and 4 of the constitution of New Mexico; | 0009| (3) be subject, except as it relates to | 0010| technical and vocational education, to the control, management | 0011| and direction of the state board of education under Article | 0012| 12, Section 6 of the constitution of New Mexico; and | 0013| (4) be considered school districts insofar as | 0014| the restrictions of Article 9, Section 11 of the constitution | 0015| of New Mexico are concerned; and | 0016| C. "qualified elector" means a person otherwise | 0017| eligible to vote within the community college district." | 0018| Section 4. Section 21-13-8 NMSA 1978 (being Laws 1963, | 0019| Chapter 17, Section 7, as amended) is amended to read: | 0020| "21-13-8. COMMUNITY COLLEGE BOARD.-- | 0021| ~[A. If it appears from the records in the office | 0022| of the executive director of the commission on higher | 0023| education that the required majority of votes were cast in | 0024| favor of the organization of the community college district, | 0025| the executive director shall declare the organization of the | - 4 - 0001| "_______________ community college district". The executive | 0002| director of the commission shall notify, by registered mail, | 0003| all boards of education within the community college district | 0004| of the results of the election and shall call a meeting of the | 0005| members of the boards of education, which shall be held at a | 0006| time and site, within the community college district, selected | 0007| by the executive director not later than sixty days after the | 0008| election. The executive director or his appointed delegate | 0009| shall act as chairman pro tempore of the meeting, and a | 0010| majority of the members of the boards of education so notified | 0011| shall constitute a quorum. | 0012| B. A majority of all board of education members | 0013| present shall elect five persons as members of the | 0014| "_______________ community college board". The persons | 0015| elected shall be assigned position numbers one through five.]~ | 0016| |A.| Board members shall be over twenty-one years | 0017| of age, qualified electors and residents of the community | 0018| college district. ~[The members of the board shall continue | 0019| to serve until the next regular community college election, to | 0020| be held on the first Tuesday of March of each odd-numbered | 0021| year, at which time five board members shall be elected by the | 0022| registered voters of the community college district. The | 0023| candidates shall file for and be elected to a particular | 0024| position number. The candidate receiving the highest number | 0025| of votes for a particular position shall be elected. At the | - 5 - 0001| first community college board meeting after the election, the | 0002| five members shall draw lots for the following terms: one for | 0003| a term of two years, two for terms of four years and two for | 0004| terms of six years. Thereafter]~ | 0005| |B.| Board members shall be elected for | 0006| |staggered| terms of six years from April 1 succeeding their | 0007| elections; |provided that terms and staggering shall continue | 0008| to be as they are on January 1, 1998|. All vacancies caused | 0009| in any other manner than by the expiration of the term of | 0010| office shall be filled by appointment by the remaining | 0011| members. An individual appointed by the remaining members of | 0012| the board to fill ~[any]~ |a| vacancy in office shall serve | 0013| until the next community college board election, at which time | 0014| candidates shall file for and be elected to fill ~[any]~ |the| | 0015| vacant position to serve the remainder of the unexpired term. | 0016| C. ~[Immediately after the election of the five | 0017| members by the assembled board of education members]~ The | 0018| "________________ community college board" shall select from | 0019| its members a chairman and secretary who shall serve in these | 0020| offices until the next regular community college board | 0021| election. After each "_______________ community college | 0022| board" election, the members shall proceed to reorganize." | 0023| Section 5. A new section of the Community College Act is | 0024| enacted to read: | 0025| "[|NEW MATERIAL|] LIMITATIONS ON COMMUNITY COLLEGES.-- | - 6 - 0001| There shall be no new community college, branch campus or off- | 0002| campus instructional center created after January 1, 1998 | 0003| unless specifically created by the legislature." | 0004| Section 6. Section 21-14-2 NMSA 1978 (being Laws 1963, | 0005| Chapter 162, Section 2, as amended) is amended to read: | 0006| "21-14-2. ~[ESTABLISHMENT AUTHORIZED--BOARD METHOD-- | 0007| PARENT INSTITUTION METHOD--DETERMINATION OF NEED--AGREEMENTS]~ | 0008| |BOARD DUTIES--RELATIONSHIP WITH PARENT INSTITUTION-- | 0009| ELECTIONS|.-- | 0010| A. ~[A branch community college may be established | 0011| in a school district upon the showing of need by the local | 0012| board of education. A branch community college may be | 0013| established to include more than one school district, in which | 0014| instance the boards of education shall act as a single board | 0015| and, if the branch community college is established, shall | 0016| continue to act as a single board unless a successor board is | 0017| established as provided in Section 21-14-2.1 NMSA 1978.]~ As | 0018| used in Chapter 21, Article 14 NMSA 1978, "board" means either | 0019| the local school board or the combined local school boards | 0020| acting as a single board of the school district or the board | 0021| of the branch community college elected pursuant to Section | 0022| 21-14-2.1 NMSA 1978. | 0023| ~[B. A public post-secondary educational | 0024| baccalaureate degree-granting institution established in | 0025| Article 12, Section 11 of the constitution of New Mexico may | - 7 - 0001| initiate the establishment of a branch community college by | 0002| contacting a local school board or a number of local school | 0003| boards and offer to serve as a parent institution for a branch | 0004| community college district created pursuant to Chapter 21, | 0005| Article 14 NMSA 1978. | 0006| C.]~ |B.| The duties of the board are to: | 0007| ~[(1) initiate and conduct the survey | 0008| provided for in Subsection D of this section; | 0009| (2) if the board has initiated the | 0010| establishment of the branch community college, select the | 0011| parent institution; | 0012| (3) request approval of the branch community | 0013| college from the commission on higher education; | 0014| (4)]~ |(1)| enter into written agreements | 0015| with the board of regents of the parent institution, subject | 0016| thereafter to biennial review by all parties concerned and to | 0017| the review and commentary of the commission on higher | 0018| education; | 0019| ~[(5)]~ |(2)| act in an advisory capacity to | 0020| the board of regents of the parent institution in all matters | 0021| relating to the conduct of the branch community college; | 0022| ~[(6)]~ |(3)| approve an annual budget for | 0023| the branch community college for recommendation to the board | 0024| of regents of the parent institution; | 0025| ~[(7)]~ |(4)| certify to the board of county | - 8 - 0001| commissioners the tax levy; and | 0002| ~[(8)]~ |(5)| conduct the election for tax | 0003| levies for the branch community college. | 0004| ~[D. Upon evidence of a demand for a branch | 0005| community college, the board shall cause a survey to be made. | 0006| The commission on higher education shall develop criteria for | 0007| the establishment of a branch community college, and no branch | 0008| community college shall be established without the written | 0009| authorization of the commission. | 0010| E. If need is established, the board, in | 0011| accordance with the commission on higher education criteria | 0012| for initiating a branch community college program, shall | 0013| consult with the board of regents of the higher education | 0014| institution selected or proposing to be the parent | 0015| institution, and, if the board and the board of regents agree | 0016| to conduct a branch community college in the area, they shall | 0017| transmit a proposal to establish a branch community college to | 0018| the commission. The commission shall evaluate the need and | 0019| shall notify the board and the board of regents of approval or | 0020| disapproval of the proposal. | 0021| F. If the proposal is approved]~ |C.| The board | 0022| and the board of regents of the parent institution shall enter | 0023| into a written agreement, which shall include provisions for: | 0024| (1) the higher education institution to have | 0025| full authority and responsibility in relation to all academic | - 9 - 0001| matters; | 0002| (2) the higher education institution to honor | 0003| all credits earned by students as though they were earned on | 0004| the parent campus; | 0005| (3) the course of study and program offered; | 0006| (4) the cooperative use of physical | 0007| facilities and teaching staff; | 0008| (5) consideration of applications of local | 0009| qualified people before employing teachers of the local school | 0010| system; and | 0011| (6) the detailed agreement of financing and | 0012| financial control of the branch community college. | 0013| ~[G.]~ |D.| The agreement shall be binding upon | 0014| both the board and the board of regents of the parent | 0015| institution; however, it may be terminated by mutual consent | 0016| or it may be terminated by either board upon six months' | 0017| notice. However, if the branch community college has | 0018| outstanding |general obligation or revenue| bonds ~[either tax | 0019| or revenue]~, neither the board nor the board of regents may | 0020| terminate the agreement until the outstanding bonds are | 0021| retired, except as provided by Section 21-13-24.1 NMSA 1978. | 0022| This provision shall apply to all agreements in existence | 0023| between the branch community college and the board of regents | 0024| of the parent institution. | 0025| ~[H.]~ |E.| All taxes levied to pay for principal | - 10 - 0001| and interest on bonds of the branch community college shall be | 0002| in addition to the taxes levied for operating, maintaining and | 0003| providing facilities for the branch community college pursuant | 0004| to ~[Section 21-14-6 NMSA 1978 and shall not be limited by the | 0005| tax limitation found in that section]~ |the College District | 0006| Tax Act|. | 0007| ~[I.]~ |F.| For the purpose of relating branch | 0008| community colleges to existing laws, branch community college | 0009| districts or branch community colleges shall not: | 0010| (1) be considered a part of the uniform | 0011| system of free public schools pursuant to Article 12, Section | 0012| 1 and Article 21, Section 4 of the constitution of New Mexico; | 0013| (2) benefit from the permanent school fund | 0014| and from the current school fund under Article 12, Sections 2 | 0015| and 4 of the constitution of New Mexico; | 0016| (3) be subject, except as it relates to | 0017| technical and vocational education, to the control, management | 0018| and direction of the state board of education under Article | 0019| 12, Section 6 of the constitution of New Mexico; and | 0020| (4) be considered school districts insofar as | 0021| the restrictions of Article 9, Section 11 of the constitution | 0022| of New Mexico are concerned. | 0023| ~[J.]~ |G.| All elections held pursuant to the | 0024| branch community college laws shall be as follows: | 0025| (1) the board calling the election shall give | - 11 - 0001| notice of the election in a newspaper of general circulation | 0002| in the branch community college district at least once a week | 0003| for three consecutive weeks, the last insertion to be not less | 0004| than thirty days prior to the proposed election; | 0005| (2) the election shall be conducted and | 0006| canvassed in the same manner as municipal school district | 0007| elections unless otherwise provided in the branch community | 0008| college laws; and | 0009| (3) any person or corporation may institute | 0010| in the district court of any county in which the branch | 0011| community college district affected lies an action or suit to | 0012| contest the validity of any proceedings held under the branch | 0013| community college laws, but no such suit or action shall be | 0014| maintained unless it is instituted within ten days after the | 0015| issuance by the proper officials of a certificate or | 0016| notification of the results of the election and the canvassing | 0017| of the election returns by the board. | 0018| ~[K.]~ |H.| The tax rolls of the school districts | 0019| comprising the branch community college district shall be | 0020| adopted as the tax rolls of the branch community college | 0021| district. | 0022| ~[L. A public post-secondary educational | 0023| institution established in Article 12, Section 11 of the | 0024| constitution of New Mexico desiring to initiate the | 0025| establishment of a branch community college shall comply with | - 12 - 0001| all procedures set forth in the Branch Community College Act | 0002| for establishing two-year community colleges.]~" | 0003| Section 7. A new section of Chapter 21, Article 14 NMSA | 0004| 1978 is enacted to read: | 0005| "[|NEW MATERIAL|] LIMITATIONS ON BRANCH COMMUNITY | 0006| COLLEGES.--There shall be no new branch community college or | 0007| off-campus instructional center created after January 1, 1998 | 0008| unless specifically created by the legislature." | 0009| Section 8. Section 21-14A-5.1 NMSA 1978 (being Laws | 0010| 1993, Chapter 344, Section 1) is amended to read: | 0011| "21-14A-5.1. TITLE TO PROPERTY ACQUIRED.--All property | 0012| acquired using the proceeds of a bond issue and all property | 0013| acquired by gift, devolution or bequest shall be taken in the | 0014| name of the local school board in the district in which the | 0015| property is situate. All property held by the local school | 0016| board pursuant to this section shall be used solely for the | 0017| purpose of carrying out the provisions of the Off-Campus | 0018| Instruction Act until such time as the off-campus instruction | 0019| program ceases to exist. At such time, the property so held | 0020| by the local school board may be ~[utilized]~ |used| for other | 0021| purposes within the scope of authority of the local school | 0022| board. |No real property may be acquired pursuant to this | 0023| section after July 1, 1998|." | 0024| Section 9. A new section of the Off-Campus Instruction | 0025| Act is enacted to read: | - 13 - 0001| "[|NEW MATERIAL|] PROPERTY OWNERSHIP PROHIBITED.--An off- | 0002| campus board may not own, accept as a gift or purchase land, | 0003| buildings or other form of real property." | 0004| Section 10. Section 21-16-16 NMSA 1978 (being Laws 1964 | 0005| (1st S.S.), Chapter 12, Section 1) is amended to read: | 0006| "21-16-16. ALTERNATE PROCEDURES PERMITTED.--In addition | 0007| to the election procedures provided in ~[Laws 1963, Chapter | 0008| 108]~ |Chapter 21, Article 16 NMSA 1978| for an election ~[for | 0009| the creation of a technical and vocational institute district | 0010| and for an election]~ for the approval or disapproval of a tax | 0011| levy of not to exceed five mills for current operations and | 0012| retirement of bonds of a technical and vocational institute, | 0013| the election procedures set out in ~[this]~ |the Technical and | 0014| Vocational Institute| Act may be used for ~[such]~ |those| | 0015| purposes." | 0016| Section 11. Section 21-16-17 NMSA 1978 (being Laws 1964 | 0017| (1st S.S.), Chapter 12, Section 2) is amended to read: | 0018| "21-16-17. IDENTIFICATION OF ELECTORATE.-- | 0019| ~[A. In any election held under this act relating | 0020| to the creation of a technical and vocational institute | 0021| district, the persons qualified to vote shall be those | 0022| qualified electors residing within an affected school district | 0023| who shall have paid a property tax therein during the | 0024| preceding year. | 0025| B.]~ In any election ~[held under this act]~ | - 14 - 0001| relating to the approval or disapproval of a tax levy for the | 0002| current operations and retirement of bonds of a technical and | 0003| vocational institute, the persons qualified to vote ~[shall | 0004| be]~ |are those| qualified electors residing within an | 0005| affected school district." | 0006| Section 12. A new section of the Technical and | 0007| Vocational Institute Act is enacted to read: | 0008| "[|NEW MATERIAL|] LIMITATIONS ON TECHNICAL AND VOCATIONAL | 0009| INSTITUTES.--There shall be no new technical and vocational | 0010| institute branch campus or off-campus instructional center | 0011| created after January 1, 1998 unless specifically created by | 0012| the legislature." | 0013| Section 13. Section 21-17-4 NMSA 1978 (being Laws 1967, | 0014| Chapter 177, Section 4, as amended) is amended to read: | 0015| "21-17-4. DESIGNATION AS AN AREA VOCATIONAL SCHOOL ~[BY | 0016| THE STATE BOARD]~.-- | 0017| ~[A. Upon receipt and examination of the plan and | 0018| supporting evidence, the state board shall conduct hearings, | 0019| investigate records and procure such other information | 0020| relating to vocational training as it deems necessary and | 0021| appropriate. | 0022| B. If the state board finds that the plan provides | 0023| an adequate, broad vocational and technical educational | 0024| program, serves sufficient students for an economical | 0025| operation, provides for adequate financing and sensibly | - 15 - 0001| relates to a statewide pattern for development of vocational | 0002| and technical education, the state board may approve the plan. | 0003| C. Upon approval by the state board the board of | 0004| each school district concerned shall present the proposal for | 0005| the creation of an area vocational school district on a | 0006| separate ballot at the time of the next school board election | 0007| or at any separate election called for that purpose. If a | 0008| majority of those qualified ad valorem tax paying electors who | 0009| are not delinquent in the payment of their ad valorem tax, | 0010| voting in the election in each school district concerned, vote | 0011| in favor of establishing an area vocational school district, | 0012| the board of each school district concerned shall declare the | 0013| organization of the area vocational school district. | 0014| D. After approval by the state board of the plan, | 0015| the]~ | 0016| |A. An area vocational| school shall be officially | 0017| designated by the state board as an area vocational school, | 0018| shall be operated in accordance with provisions in the state | 0019| plan for vocational education and shall meet all other | 0020| requirements of an accredited school. | 0021| ~[E. At the next school board election held | 0022| pursuant to Section 22-6-1 NMSA 1978, an election may be held | 0023| to elect five members to the area vocational school board to | 0024| replace the local school board as the governing board of the | 0025| area vocational school. | - 16 - 0001| (1) Except where specific provision is | 0002| otherwise provided by law, all election proceedings for area | 0003| vocational school elections shall be conducted pursuant to the | 0004| provisions of Sections 22-6-1 through 22-6-34 NMSA 1978, with | 0005| the president of the area vocational school serving in the | 0006| place of the superintendent of schools in every case. | 0007| (2) The board shall consist of five separate | 0008| positions, and each position shall be designated by number. | 0009| Qualified electors seeking election to the board shall file | 0010| and run for only one of the numbered positions. | 0011| (3)]~ |B.| At the ~[next regular]~ |first area | 0012| vocational| school board election, members of the board | 0013| elected to positions 1, 3 and 5 shall be elected for terms | 0014| ending February 28, 1989 and members elected to positions 2 | 0015| and 4 shall be elected for terms ending February 28, 1991. | 0016| Thereafter, each board member shall be elected for a term of | 0017| four years. The elections |shall be conducted pursuant to the | 0018| provisions of the Election Code and| shall be held in the same | 0019| manner and at the same time as regular school district | 0020| elections on the first Tuesday in February of each odd- | 0021| numbered year, beginning with the election to be held in | 0022| February of 1987. | 0023| ~[F.]~ |C.| A vacancy occurring on the board shall | 0024| be filled in the same manner as provided for school board | 0025| vacancies in Section 22-5-9 NMSA 1978. | - 17 - 0001| ~[G.]~ |D.| A member of the board may be recalled | 0002| pursuant to the provisions of ~[Sections 22-7-1 through 22-7- | 0003| 16 NMSA 1978]~ |the Local School Board Member Recall Act|, | 0004| except that a recall election may be held only at the same | 0005| time as a regular school district election." | 0006| Section 14. A new section of Chapter 21, Article 17 NMSA | 0007| 1978 is enacted to read: | 0008| "[|NEW MATERIAL|] LIMITATIONS ON AREA VOCATIONAL | 0009| SCHOOLS.--There shall be no new area vocational school, branch | 0010| campus or off-campus instructional center created after | 0011| January 1, 1998 unless specifically created by the | 0012| legislature." | 0013| Section 15. REPEAL.--Sections 21-13-3 through 21-13-7, | 0014| 21-14-3, 21-16-3, 21-16-4, 21-16-19 and 21-17-3 NMSA 1978 | 0015| (being Laws 1963, Chapter 17, Section 3, Laws 1964 (1st S.S.), | 0016| Chapter 16, Sections 2 through 5, Laws 1972, Chapter 36, | 0017| Section 3, Laws 1963, Chapter 108, Sections 3 and 4, Laws 1964 | 0018| (1st S.S.), Chapter 12, Section 4 and Laws 1967, Chapter 177, | 0019| Section 3, as amended) are repealed. | 0020| Section 18. EMERGENCY.--It is necessary for the public | 0021| peace, health and safety that this act take effect | 0022| immediately. | 0023|  |