SB 494 — HIGHER ED FUNDING AFTER BUDGET PASSES

SENATE BILL 494 56TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY George K.

Muñoz 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby HIGHERa EDUCATIONcommittee, FINANCE;but not yet adopted, as well as amendments that have been adopted during the current legislative session.

PROVIDINGThe FORdocument Ais REDUCTIONa INtool INSTRUCTIONto ANDshow GENERALamendments PURPOSESin FUNDINGcontext WHENand TUITIONcannot ORbe GENERALused FEESfor AREthe RAISEDpurpose AFTERof THEadding LEGISLATUREamendments HASto PASSEDlegislation. THE GENERAL APPROPRIATION ACT;

h AN ACT g o RELATING TO HIGHER EDUCATION FINANCE;

PROVIDING FOR A REDUCTION t hr g e i k IN INSTRUCTION AND GENERAL PURPOSES FUNDING WHEN TUITION OR h r i s GENERAL FEES ARE RAISED AFTER THE LEGISLATURE HAS PASSED THE h , t, GENERAL APPROPRIATION ACT;

16e u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

el t] 17b ,d i a º e SECTION 1.

A new section of Chapter 21, Article 1 NMSA wr li n= r t e w d 18m a n o 1978 is enacted to read:

=d = 19 a l "[NEW MATERIAL] TUITION OR GENERAL FEE INCREASES-- i a e r 20 APPROPRIATION ADJUSTMENT.-- a t m m: 21 A.

Exceptb ase otherwise provided in this section, d rs eº 22o thet highern education= department.224527.2AIC shallMarch not7, approve2023 the(10:38pm) operating c e s k 23m budgete of an institution of higher education enumerated in e a n be 24d Articler 12,e Sectionl 11 of the constitution of New Mexico that u [ hasA raisedd tuition"[NEW orMATERIAL] generalTUITION feesOR afterGENERAL theFEE generalINCREASES-- .224527.2APPROPRIATION appropriationADJUSTMENT.-- actA. has become law.

Except as otherwise provided in this section, the higher education department shall not approve the operating budget of an institution of higher education enumerated in Article 12, Section 11 of the constitution of New Mexico that has raised tuition or general fees after the general appropriation act has SFCº become law»SFC SFCºpassed the legislature»SFC .

If the institution raises tuition or general fees after the operating budget has been approved, the higher education department shall theSfl1º the»Sfl1 notify the h institution and the department of finance and administration u » r that the operating budget shall be adjusted downward by the t h g e l i same amount as it would have been adjusted if the institution h r i s had proposed the increase in its operating budget that the h , e h higher education department had approved.

The department of t u g e b l e e , gh finance and administration shall adjust the monthly allotment n d d i = = o h to the institution in conformance with the higher education l ] b ,d i a º r department's adjusted operating budget.

e r = t 17e w d m a n o B.

In consultation with the department of finance w l n d 18 and administration, the higher education department may waive = = 19 a l the decrease in instruction and general purposes during the i a e r 20 fiscal year for which the decrease applies in exigent a t m m: 21 circumstances defined by rule of the department, including a d r e 22 significant decrease in student enrollment, an epidemic or c e s k 23 other health emergency, economic conditions affecting e a n b 24 institutional finances or legislation that mandates that the u [ institution provide new services or otherwise act in compliance .224527.2 - 2 - with new law that has a fiscal impact on the institution without providing a necessary appropriation.

b r e t º o t n = .224527.2AIC March 7, 2023 (10:38pm) s k m e - 2 - e a n e d r e l u [ A d and administration, the higher education department may waive the decrease in instruction and general purposes during the fiscal year for which the decrease applies in exigent circumstances defined by rule of the department, including a significant decrease in student enrollment, an epidemic or other health emergency, economic conditions affecting institutional finances or legislation that mandates that the institution provide new services or otherwise act in compliance with new law that has a fiscal impact on the institution without providing a necessary appropriation.

h - 3 - 11u 13» 15r t h g e l i h r i s h , e h t 17u wg e b l e e , gh n d 18d i = = 19o ah l i] ab e,d ri 20 a tº m m 21 d r e 22r c= t e sw kd 23m e a n bo 24d um [: .224527.2

b r e t º o t n = .224527.2AIC March 7, 2023 (10:38pm) s k m e e a n e d r e l u [ A d