HB 251 — HIGHER EDUCATION COORDINATING COUNCIL

(b)research university or the secretaryofficer's designee appointed by the council of workforceuniversity solutions;presidents for an initial term of four years, rotating among the state research universities every four years;

and(3) 6the (c)chief executive officer of a state comprehensive university or the secretaryofficer's designee appointed by the council of economicuniversity development;presidents for an initial term of four years, rotating among the state comprehensive universities every four years;

and(4) (9)the threechief publicexecutive membersofficer withof expertisea instate businessbranch community college or finance,the officer's designee appointed by h the governor,New oneMexico association of community colleges for an initial termu of» fourr years,t oneh forterm anof initialtwo termyears, ofrotating threeamong yearsthe andstate onebranch forcommunity ang initiale terml ofi colleges every two years;

thereafter,h termsr shalli bes for(5) fourthe yearschief andexecutive officer of a public membersh may, bee reappointedh att u g independent community college or the endofficer's designee e b l e e , gh appointed by New Mexico independent community colleges for an n d d i = = o h l ] b ,d initial term of theirtwo terms.years, rotating among the state independent i a º r e r = community colleges every two years;

C.t e w d m a n o d m :

[Fourb membersr ofe thet initialº board,o includingt n = .211897.1 s k m e - 5 - e a n e d r e l u [ A d (6) the studentchief member,financial shallofficer beof appointeda forstate tworesearch years,university fiveor membersthe shallofficer's bedesignee appointed by the council of university presidents for threean yearsinitial andterm fiveof memberstwo eyears, erotating 17among shallthe bestate appointedresearch foruniversities fourevery two years;

thereafter,(7) the studentchief efinancial eofficer nof d 18 member shall serve a two-yearstate termcomprehensive anduniversity or the otherofficer's membersdesignee shallappointed =by =the lcouncil ]of 19university servepresidents four-yearfor terms.]an Publicinitial membersterm areof entitledtwo toyears, receiverotating aamong l r i 20 per diem and mileage as provided in the Perstate Diemcomprehensive anduniversities Mileageevery ttwo eyears; a t Act and shall receive no other perquisite, compensation or m m 21 e d r e 22 allowance.

c(8) ethe rchief cfinancial 23officer D.of a public independent community college or the officer's designee appointed by New Mexico independent community colleges for an initial term of four years, rotating among the independent community colleges every four years;

The(9) [boardthe ]chief councilexecutive shallofficer annuallyof elect a etribal ah ncollege blocated 24in [chair]New viceMexico [chair]or chairpersonthe officer's designee u » r t h appointed by the governor in consultation with the secretaries g e l i of higher education and secretaryIndian fromaffairs for an initial term of h r i s three years, rotating among itsthe New Mexico tribal colleges h , e h t u [g membership.every three years;»HSEIC e b l e e , gh HSEICº(8) (10)»HSEIC the following ex-officio n d d i = = o h members or their designees:

Al majority] ofb the,d membersi constitutes a quorumº forr .211897.1e -r 5= -(a) the conductsecretary of business.public education;

E.t e w d m a n o d m :

Theb [boardr ]e councilt shallº meeto att then call= of.211897.1 s k m e - 6 - e a n e d r e l u [ A d (b) the chairsecretary atof leastworkforce quarterly.solutions;

Meetings of the [board ] council shall be held in Santa Fe and at(c) other sites within the statesecretary ]of council.economic development;

TheHSEICºand»HSEIC councilHSEICº(9) isthree atpublic members with expertise in business or finance, appointed by the directiongovernor, one for an initial term of thefour [boardyears, subjectone tofor thean Openinitial Meetingsterm Act.of three years and one for an initial term of two years;

Meetingsthereafter, terms shall be webcast,for recordedfour years and archived.public members may be reappointed at the end of their terms.»HSEIC HSEICº(11) three public members with expertise in education, research, business or finance to serve permanent staggered terms of four years, as follows:

F.(a) one member appointed by the governor in consultation with the secretary of higher education for an initial term of four years;

h (b) one member appointed by the u » r t h president pro tempore of the senate for an initial term of g e l i three years;

and h r i s (c) one member appointed by the speaker h , e h t u g of the house of representatives for an initial term of two e b l e e , gh years;

and n d d i = = o h (12) one student member appointed by the l ] b ,d i a º r e r = governor for a term of two years;

provided that the student t e w d m a n o d m :

b r e t º o t n = .211897.1 s k m e - 7 - e a n e d r e l u [ A d member shall cease to be a member if the student disenrolls or graduates with an undergraduate degree from the college and a new student member shall be appointed to finish the leaving student's term.»HSEIC C.

[Four members of the initial board, including the student member, shall be appointed for two years, five members shall be appointed for three years and five members shall be appointed for four years;

thereafter, the student member shall serve a two-year term and the other members shall serve four-year terms.] Public members are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other perquisite, compensation or allowance.

D.

The [board] council shall annually elect a HSEICº [chair] vice [chair] chairperson vice chair»HSEIC and secretary from among its membership.

A majority of the members h constitutes a quorum for the conduct of business.

g o t hr E.

The [board] council shall meet at the call of g e i k the chair at least quarterly.

Meetings of the [board] council h r i s shall be held in Santa Fe and at other sites within the state h , t, e u g at the direction of the [board ] HSEICºcouncil chair»HSEIC.

e b l e e h The council is subject to the Open Meetings Act.

Meetings n d d i = = o h shall be webcast, recorded and archived.

l ] b ,d i a º e r i = r F.

t e w d m a n o (1) coordinate ongoing discussions and analysesd of:m :

b e d s º o t n = .211897.1 s k m e - 8 - e a n e d r e l u [ A d analyses of:

and e e 17 (2) with the department, develop and update a e e n d 18 statewide higher education strategic plan and monitor the = = l ] 19 progress of theHSEICºthe department andand»HSEIC the institutions in meeting the a l r i 20 goals of the strategic plan." t e a t SECTION 4.

Section 9-25-13 NMSA 1978 (being Laws 2005, m m 21 e d r e 22 Chapter 289, Section 13) is amended to read:

c e r c 23 "9-25-13.

ADVISORY COMMITTEES.-- e a n b 24 A.

[In addition to the higher education advisory u [ board] The department may create [other] advisory committees.

.211897.1h - 6 - "Advisory" means furnishing advice, gathering information, u » r making recommendations and performing such other activities as t h g e l i may be instructed or delegated and as may be necessary to h r i s fulfill advisory functions or to comply with federal or private h , e h funding requirements and does not extend to administering a t u g e b l e e , gh program or function or setting policy unless specified by law.

n d d i = = o h Advisory committees shall be appointed in accordance with the l ] b ,d i a º r provisions of the Executive Reorganization Act.

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

All members of advisory committees are entitled tod receivem per: diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance." SECTION 5.

b r e t º o t n = .211897.1 s k m e - 9 - e a n e d r e l u [ A d to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance." SECTION 5.

CAPITAL EXPENDITURES.--No expenditure shall be made by any state educational institution confirmed by Article e e 17 12, Section 11 of the [state ] constitution of New Mexico for e e n d 18 the purchase of real property or the construction of buildings = = l ] 19 or other major structures or for major remodeling projects a l r i 20 without prior approval of the proposed purchase, [or ] t e a t construction or remodeling by the [board of educational m m 21 e d r e 22 finance] higher education department andHSEICºand the [state board of c e r c 23 finance] higher education coordinating council."council»HSEIC." eHSEICºSECTION a n b 24 SECTION 6.

Section 21-1-21.1 NMSA 1978 (being Laws 2001, u [ Chapter 319, Section 22) is amended to read:

.211897.1h - 7 - "21-1-21.1.

STATE EDUCATIONAL INSTITUTIONS--ADEQUATE u » r PARKING.--The staff architect of a university, or the [commissiont onh ]g e l i [commission on] higher education department in the case of h r i s state educational facilities that do not employ a staff h , e h architect, shall review all plans for the construction or major t u g e b l e e , gh enlargement of a state educational facility prior to the n d d i = = o h execution of a contract for such work and shall certify to the [statel board of finance ] higherb education,d coordinatingi councila thatº adequater parkinge isr provided= for[state theboard use of stafffinance] employedhigher ineducation thecoordinating facility,council studentst whoe attendw classesd orm eventsa inn theo facilitythat andadequate membersparking ofis provided for the publicuse reasonablyof expectedstaff toemployed enterd them facility.:

Ifb adequater parkinge ist notº providedo for,t non contract= may.211897.1 bes enteredk into."m SECTIONe 7.- 10 - e a n e d r e l u [ A d in the facility, students who attend classes or events in the facility and members of the public reasonably expected to enter the facility.

If adequate parking is not provided for, no contract may be entered into."»HSEIC SECTION HSEICº7 6»HSEIC.

GRADUATE PROGRAMS.--None of the funds e e 17 appropriated in the general [appropriations actact] ] appropriation e e n d 18 acts to the state educational institutions confirmed by Article = = l ] 19 12, Section 11 of the [state ] constitution of New Mexico may be a l r i 20 used for the support of any program [or programs ] of graduate t e a t study beyond the level of the bachelor's degree other than m m 21 e d r e 22 programs that were maintained by each institution previous to c e r c 23 September 1, 1954, except by explicit approval of each program e a n b 24 by the [board of educational finance ] higher education u [ department andHSEICºand the [state board of finance] higher h education .211897.1 - 8 - coordinating council prior to [such] the use of the funds."u » r funds»HSEIC." t h g e l i SECTION 8.HSEICº8 7»HSEIC.

Section 21-1-26.9 NMSA 1978 h r i s (being Laws 1998, Chapter 61, Section 2, as amended) is amended h , e h to read:

t u g e b l e e , gh "21-1-26.9.

LIMITATION--HIGHER EDUCATION DEPARTMENT-- n d d i = = o h REVIEW OF PROPOSED CAMPUSES.--Effective January 1, 1998, no new l ] b ,d i a º r public post-secondary educational institution, branch campus or e r = t e w d m a n o off-campus instructional center shall be created except as specificallyd createdm by: the legislature.

b r e t º o t n = .211897.1 s k m e - 11 - e a n e d r e l u [ A d specifically created by the legislature.

population base to provide at least five hundred e e 17 full-time students;

e e n d 18 C.

whether at least fifty percent of the costs of = = l ] 19 initial construction comes from private or local sources;

a l r i 20 D.

t e a t E.

means for acquisition of property, including m m 21 e d r e 22 purchase, lease, donations or any other means;

c e r c 23 F.

eligibility and level of funding request of the eh a n b 24 state;

and ug [o t hr G.

brokering of extended learning provisions." .211897.1g -e 9i -k SECTION 9.HSEICº 9 8»HSEIC.

Section 21-1-26.12 NMSA 1978 h r i s (being Laws 2005, Chapter 289, Section 14) is amended to read:

h , t, "21-1-26.12.

EDUCATIONAL NEEDS AND GUIDELINES-- e u g e b l e e h ACCOUNTABILITY REPORTS.-- n d d i = = o h A.

The higher education department shall, [through l ] b ,d i a º e consultation] with the assistance of the higher education coordinatingr councili and= allr publict post-secondarye educationalw institutions,d developm and publish a statementn ofo statewidecoordinating educationalcouncil needs and guidelinesall topublic assistpost-secondary theeducational institutionsd inm the: development or modification of institutional strategic plans.

b e d s º o t n = .211897.1 s k m e - 12 - e a n e d r e l u [ A d institutions, develop and publish a statement of statewide educational needs and guidelines to assist the institutions in the development or modification of institutional strategic plans.

All public post-secondary educational e e 17 institutions, including off-campus instruction programs and e e n d 18 learning centers, shall:

= = l ] 19 (1) approve and submit accountability reports a l r i 20 prepared in accordance with the statewide public agenda;

and t e a t (2) submit budgets for review no later than m m 21 e d r e 22 August 1 each year for the following fiscal year." cSECTION eHSEICº r10 c9»HSEIC. 23 SECTION 10.

Section 21-2-3 NMSA 1978 h (being Laws 1973, e a n b 24 Chapter 233, Section 3, as amended) is g o t hr amended to read:

ug [e i k "21-2-3.

STATE COMMISSION CREATED--DESIGNATED MEMBERS-- .211897.1h -r 10i -s DESIGNATION OF SUPPLEMENTARY MEMBERS FOR SPECIFIC FUNCTIONS.-- h , t, [There is createdcreated] ] The "state commission on post-secondary e u g e b l e e h education" is createdcreated. .

The [commission on] higher education n d d i = = o h coordinating council is designated the state commission and l ] b ,d i a º e shall work closely with the higher education department when 6r i = r t e w d m a n o undertaking the commission duties.

For the purposes of the Post-Secondaryd Educationalm Planning: Act, the [commission on higher education] council, in functioning as the state commission, is charged with a concern for all types of post- secondary education and all types of educational institutions and programs as enumerated in Section 21-2-2 NMSA 1978.

Wheneverb federale statutesd ands regulationsº soo require,t then state= commission.211897.1 mays requestk them governore to- appoint,13 for- specifice functionsa relatingn toe federallyd sponsoredr programs,e supplementaryl membersu to[ A d Post-Secondary Educational Planning Act, the [commission on higher education] council, in functioning as the state commission, andis memberscharged shallwith bea appointedconcern byfor theall governortypes toof fulfillpost- thosesecondary specificeducation eand eall 17types functionsof educational institutions and programs as requested.enumerated in Section 21-2-2 NMSA 1978.

WhenWhenever sittingfederal withstatutes theand stateregulations eso erequire, n d 18 commission, the supplementarystate memberscommission shallmay have,request forthe purposesHSEICºgovernor =secretary =of lhigher ]education»HSEIC 19to ofappoint, thefor specific functions forrelating whichto theyfederally weresponsored appointed,programs, allsupplementary amembers lto r i 20 the powersstate commission, and perquisitesmembers ofshall regularbe membersappointed ofby the stateHSEICºgovernor tsecretary»HSEIC eto afulfill tthose commission."specific mfunctions mas 21requested. e d r e 22 SECTION 11.

SectionWhen 21-2-5.1sitting NMSAwith 1978the (beingstate Lawscommission, 1988,the csupplementary emembers rshall chave, 23for Chapterpurposes 164,of Sectionthe 1,specific asfunctions amended)for iswhich amendedthey towere read:appointed, all the powers and perquisites of regular members of the state commission." h SECTION HSEICº 11 10»HSEIC.

Section 21-2-5.1 NMSA 1978 g o t hr (being Laws 1988, Chapter 164, Section 1, as amended) is g e ai nk bamended 24to "21-2-5.1.read:

FUNDINGh FORMULA.--r ui [s A."21-2-5.1.

TheFUNDING [commissionFORMULA.-- on]h higher, educationt, departmente .211897.1u -g 11A. - shall develop a funding formula that will provide funding for each institution of higher education to accomplish its mission as determined by [a ] the statewide plan.

B.The [commission on] higher education department e b l e e h shall develop a funding formula that will provide funding for n d d i = = o h each institution of higher education to accomplish its mission l ] b ,d i a º e as determined by [a ] the statewide plan.

Ther [commissioni on]= higherr educationt departmente mayw included factorsm ina then fundingo formula,B. which when 6 implemented will achieve the following:

The [commission on ] higher education department d m :

b e d s º o t n = .211897.1 s k m e - 14 - e a n e d r e l u [ A d may include factors in the funding formula, which when implemented will achieve the following:

(4) consider faculty salaries and benefits adjustment to a competitive level with similar institutions in similar states, when such compensation adjustments are e e 17 supported by detailed analyses of faculty workloads and e e n d 18 educational outcomes assessments, and nonteaching staff = = l ] 19 salaries and benefits at a competitive level with other similar a l r i 20 public or private sector employment in the community in which th e a t the institution is situated;

mu m» 21 e d r e 22 (5) recognize additional costs incurred ct eh rg ce 23l i through increases in enrollment;

eh ar ni bs 24 (6) provide for equipment and equipment uh [, e h maintenance and library acquisitions and operations since the .211897.1t -u 12g -e b l e e , gh development of the prior funding formula;

n d d i = = o h (7) fund off-campus courses and other l ] b ,d i a º r nontraditional course delivery systems at a level sufficient to e r = t e w d m a n o allow their development;

(8)d providem incentives: to institutions to pursue private or alternative funding sources;

b r e t º o t n = .211897.1 s k m e - 15 - e a n e d r e l u [ A d (8) provide incentives to institutions to pursue private or alternative funding sources;

and (13) require each institution of higher education that offers distance learning and computer-based e e 17 courses of study to provide accompanying electronic formats e e n d 18 that are usable by an individual with a disability using = = l ] 19 assistive technology, and those formats shall be based on the a l r i 20 American standard code for information interchange, hypertext th e a t markup language and extensible markup language." mg mo 21t ehr dSECTION rHSEICº e12 2211»HSEIC. SECTION 12.

Section 21-2-6 NMSA 1978 (beingg Lawse 1978,i ck e(being rLaws c1978, 23 Chapter 54, Section 1, as amended) is amended h r i s to read:

eh a, nt, b 24 "21-2-6.

STATEWIDE PLANNING--PARTICIPATING AGENCIES AND e u [g e b l e e h PERSONS.-- .211897.1n -d 13d -i = = o h A.

The state commission in carrying out its l ] b ,d i a º e planning activities for post-secondary education shall consult r i = r t e w d m a n o with HSEICº and invite the active participation of:of»HSEIC:

(1)d them department;:

[(1)]b (2)e representativesd ofs post-secondaryº 6o educationalt institutionsn of= the.211897.1 severals typesk enumeratedm ine Paragraph- (2)16 of- Subsectione a n e d r e l u [ A ofd Section(1) 21-2-2the NMSAHSEICºhigher 1978;education»HSEIC department;

[(1)] (2) representatives of post-secondary educational institutions of the several types enumerated in Paragraph (2) of Subsection A of Section 21-2-2 NMSA 1978;

][(8)] (9) the economic development department;

[(8) e e 17 [(9)] (10) the state advisory council on e e n d 18 vocational education;

=h = l ] 19 [(10) the secretary of finance and ag lo rt ihr 20 administration or the secretary's designee;] tg e ai tk (11) persons familiar with the education needs mh m 21 e d r ei 22s of persons with a disability and persons disadvantaged by ch e, rt, c 23 economic, racial or ethnic status;

e au ng e b 24l e e h (12) representatives of business, industry, un [d d i = = o h organized labor and agriculture;

.211897.1l -] 14b -,d i a º e (13) the general public;

and r i = r t e w d m a n o (14) private in-state post-secondary institutions.d m :

b e d s º o t n = .211897.1 s k m e - 17 - e a n e d r e l u [ A d institutions.

Whenever the planning activities carried out under the provisions of Section 21-2-5 NMSA 1978 are concerned with the types of post-secondary education enumerated in Subparagraphs (a) through (e) of Paragraph (1) of Subsection A of Section 21-2-2 NMSA 1978, the state commission shall directly involve the public education commission and the public education department in all planning activities." SECTION 13.HSEICº 13 12»HSEIC.

[Such[Such] ] The report shall describe the planning activities undertaken, present data on e e 17 the status of all types of post-secondary education and set e e n d 18 forth all recommendations developed under Subsections I, J and =h = l ] 19 K of Section [5, Items I, J and K of the Post-Secondary au l» r i 20 Educational Planning Act] 21-2-5 NMSA 1978.

Prior to the final t h g e al ti adoption of the annual report, the state commission shall mh m 21 e d r ei 22s distribute a draft of the report to all institutions and ch , e rh c 23 programs of the types enumerated in Paragraph (2) of Subsection et au ng e b 24l e e , gh A of Section [2A (2)] 21-2-2 NMSA 1978 and to representatives un [d d i = = o h of all other interests enumerated in Section [6 ] 21-2-6 NMSA .211897.1l -] 15b -,d i a º r 1978 and shall then hold a hearing at which all [such] those institutions, programs and interests may comment upon the draft report." - 16 - 6 8 10 12 14 16 e er 17= et e nw d 18m = = l ] 19 a ln ro iinstitutions, 20programs tand einterests amay tcomment mupon mthe 21draft e d rm e: 22 c e r c 23 e a n b 24 u [ .211897.1

b r e t º o t n = .211897.1 s k m e - 18 - e a n e d r e l u [ A d report." HSEICºSECTION 13.

Section 13-6-2.1 NMSA 1978 (being Laws 1989, Chapter 380, Section 1, as amended) is amended to read:

"13-6-2.1.

SALES, TRADES OR LEASES--STATE BOARD OF FINANCE APPROVAL.-- A.

Except as provided in Section 13-6-3 NMSA 1978, for state agencies, any sale, trade or lease for a period of more than five years of real property belonging to a state agency, local public body or school district or any sale, trade or lease of such real property for a consideration of more than twenty-five thousand dollars ($25,000) shall not be valid unless it is approved prior to its effective date by the state board of finance.

B.

The provisions of this section shall not be applicable to:

(1) those institutions specifically enumerated h in Article 12, Section 11 of the constitution of New Mexico;

u » r t h (2) the state land office;

g e l i (3) the state transportation commission;

h r i s (4) the economic development department when h , e h t u g disposing of property acquired pursuant to the Statewide e b l e e , gh Economic Development Finance Act;

[or] n d d i = = o h (5) a school district when leasing facilities l ] b ,d i a º r e r = to a locally chartered or state-chartered charter school;

or t e w d m a n o d m :

b r e t º o t n = .211897.1 s k m e - 19 - e a n e d r e l u [ A d (6) a community college organized pursuant to the Community College Act or a technical and vocational institute organized pursuant to the Technical and Vocational Institute Act."»HSEIC - 20 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .211897.1 s k em e e a n e d r e l u [ A d