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