RELATING TO POST-SECONDARY EDUCATION; PROVIDING VERIFICATION FUNCTION FOR THE COMMISSION ON HIGHER EDUCATION; PROVIDING FOR AN ANNUAL ACCOUNTABILITY REPORT; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 21-1-26.3 NMSA 1978 (being Laws 1986, Chapter 24, Section 3) is amended to read:

"21-1-26.3. VERIFICATION FUNCTION.--The commission on higher education shall annually conduct special verifications of the institutions of higher education. The verifications shall include but not be limited to enrollments, fund balances, compliance with legislation, comparison of expenditures to budgets and other areas to be determined by the commission. Reports on the verifications shall be made annually to the department of finance and administration and the legislative finance committee. The commission shall consider the verification findings in making its annual recommendations to the executive and legislature for higher education funding."

Section 2. Section 21-1-26.7 NMSA 1978 (being Laws 1990 (1st S.S.), Chapter 4, Section 2) is amended to read:

"21-1-26.7. ANNUAL ACCOUNTABILITY REPORT.--

A. The commission on higher education shall submit an annual accountability report to the governor and to the legislature by December 31. Prior to publication, the commission on higher education shall distribute a draft of the accountability report to all public, post-secondary institutions and shall allow comment upon the draft report.

B. The commission on higher education in consultation with the public post-secondary educational institution shall develop and adopt the content and a format for the report, including the following information:

(1) student progress and success;

(2) student access and diversity;

(3) affordability and cost of educational services; and

(4) public and community service by the institutions.

C. The commission on higher education shall make no funding recommendation, capital outlay recommendation, distribution or certification on behalf of any public, post-secondary institution that has not submitted the information required pursuant to this section."

Section 3. REPEAL.--Section 21-1-26.6 NMSA 1978 (being Laws 1990 (S.S.), Chapter 4, Section 1) is repealed.