44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO HIGHER EDUCATIONAL INSTITUTIONS; PROVIDING A MECHANISM FOR STUDENTS TO EARN A BACHELOR'S DEGREE BY DISTANCE LEARNING; LIMITING THE POWERS OF THE BOARD OF REGENTS AT FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING.

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

Section 1. A new section of Chapter 21, Article 1 NMSA 1978 is enacted to read:

"[NEW MATERIAL] DISTANCE LEARNING--DEGREE.--

A. A student may earn a bachelor's degree through a distance learning program from a four-year institution of higher learning.

B. Four-year institutions of higher learning shall provide degree granting programs through distance learning in all areas of study that do not require physical contact with an instructor in a classroom or laboratory setting.

C. For purposes of Chapter 21 NMSA 1978, "distance learning" means instruction, learning and training that is transmitted from one site to one or more other sites by telecommunications services that are used by an educational institution predominantly for such instruction, learning or training, including video, data, voice and electronic information."

Section 2. Section 21-3-7 NMSA 1978 (being Laws 1893, Chapter 19, Section 6, as amended) is amended to read:

"21-3-7. POWERS--SUPERINTENDENT--STUDIES--ADMISSION OF STUDENTS.--[SEC. 172. Said] The boards of regents of New Mexico highlands university and western New Mexico university shall have full and complete power and control over their respective [normal schools] universities, except in the area of distance learning. Each board shall employ a superintendent or principal for [such school] the university who shall have the supervision and control of the [school] university under such rules [and regulations] as may be provided by [such] the board. [Such] The board shall determine and provide as to what branches of learning shall be taught in [such school] the university and [the] their classification and order [of the same] and shall also direct the number of teachers that shall be employed and [shall] determine the compensation to be paid to the superintendent and teachers. [Such] The board shall also prescribe upon what terms and conditions pupils shall be admitted to [such school] the university, but no pupils shall be admitted who are not residents of this state, except on payment of a tuition fee to be prescribed by the board of regents for each term."

Section 3. Section 21-3-30 NMSA 1978 (being Laws 1927, Chapter 79, Section 1) is amended to read:

"21-3-30. EASTERN NEW MEXICO UNIVERSITY BOARD OF REGENTS.--The governor is [hereby] authorized and empowered to appoint a board of regents for [the] eastern New Mexico [Normal School] university, at Portales, New Mexico, by and with the advice and consent of the senate, consisting of five members, no more than three of whom shall be of the same political party at the time of their appointment and not more than three of whom shall be appointed for a longer term than two years, [and] the remainder being appointed for four years, after which [such] appointments shall be for four years; [and] provided that should the senate not be in session when [such] appointment is made, [such] the appointees shall hold their office until the convening of the senate and, if confirmed, for the period of their appointment. [Such] The board shall have the general powers now conferred on boards of regents of the other [normal schools] institutions of higher learning of this state, except in the area of distance learning, including the power to acquire by donations the title to the necessary lands for building site and campus and the acceptance of such other donations as may be available; [and] provided [further] that [such] the board [can] may incur no indebtedness [whatever]."

Section 4. Section 21-7-3 NMSA 1978 (being Laws 1889, Chapter 138, Section 9, as amended) is amended to read:

"21-7-3. BOARD OF REGENTS.--The management and control of the university of New Mexico, the care and preservation of all its property, the erection and construction of all buildings necessary for its use and the disbursements and expenditures of all money, except in the area of distance learning, shall be vested in a board of seven regents."

Section 5. Section 21-8-5 NMSA 1978 (being Laws 1889, Chapter 138, Section 23, as amended) is amended to read:

"21-8-5. BOARD OF REGENTS--POWERS AND DUTIES.--[SEC. 115.] The board of regents of New Mexico state university shall direct the disposition of any [moneys] money belonging [to] or appropriated to [the agricultural college] New Mexico state university and experiment station, [and shall] make all rules [and regulations] necessary for the government and management of the [same] university and experiment station, except in the area of distance learning, adopt plans and specifications for necessary buildings and superintend the construction of [said] those buildings and fix the salaries of professors, teachers and other [employes] employees and the tuition fees to be charged [in said college] by the university."

Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is the date that the secretary of state certifies adoption of an amendment to the constitution of New Mexico proposed by the first session of the forty-fourth legislature entitled "A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 13 OF THE CONSTITUTION OF NEW MEXICO TO GRANT THE LEGISLATURE AUTHORITY OVER THE BOARDS OF REGENTS AT HIGHER EDUCATIONAL INSTITUTIONS FOR THE PURPOSE OF DISTANCE EDUCATION PROGRAMS.".