The university of New Mexico, at Albuquerque; the New Mexico state university, near Las Cruces, formerly known as New Mexico college of agriculture and mechanic arts; the New Mexico highlands university, at Las Vegas, formerly known as New Mexico normal university; the western New Mexico university, at Silver City, formerly known as New Mexico western college and New Mexico normal school; the eastern New Mexico university, at Portales, formerly known as eastern New Mexico normal school; the New Mexico institute of mining and technology, at Socorro, formerly known as New Mexico school of mines; the New Mexico military institute, at Roswell, formerly known as New Mexico military institute; the New Mexico school for the blind and visually impaired, at Alamogordo, formerly known as New Mexico school for the visually handicapped; the New Mexico school for the deaf, at Santa Fe, formerly known as New Mexico asylum for the deaf and dumb; the northern New Mexico state school, at El Rito, formerly known as Spanish-American school; are hereby confirmed as state educational institutions. All lands, together with the natural products thereof and the money proceeds of any of the lands and products, held in trust for the institutions, respectively, under their former names, and all properties heretofore granted to, or owned by, or which may hereafter be granted or conveyed to, the institutions respectively, under their former names, shall, in like manner as heretofore, be held in trust for, or owned by or be considered granted to, the institutions individually under their names as hereinabove adopted and confirmed. The appropriations made and which may hereafter be made to the state by the United States for agriculture and mechanical colleges and experiment stations in connection therewith shall be paid to the New Mexico state university, formerly known as New Mexico college of agriculture and mechanic arts. (As repealed and reenacted November 8, 1960; as amended November 3, 1964 and November 2, 2004.)

ANNOTATIONS

The 2004 amendment, which was proposed by H.J.R. 5 (Laws 2004) and adopted at a general election held November 2, 2004, by a vote of 462,144 for and 212,297 against, changed the name of the New Mexico school for the visually handicapped to the New Mexico school for the blind and visually impaired.

The 1964 amendment, which was proposed by H.J.R. No. 11 (Laws 1963) and adopted at the general election held on November 3, 1964, by a vote of 89,084 for and 31,788 against, changed the name of New Mexico western college to western New Mexico university.

The 1960 amendment, which was proposed by H.J.R. No. 11 (Laws 1959) and adopted at the general election held on November 8, 1960, with a vote of 74,256 for and 44,823 against, repealed this section and enacted a new Section 11, which changed the names of several institutions and added the present second sentence.

Cross references. — For severance tax bond acts for state educational institutions, see Appendix following Chapter 7, Article 27 NMSA 1978, Severance Tax Bonding Act.

Comparable provisions. — Idaho Const., art. IX, § 10.

Utah Const., art. X, § 4.

Wyoming Const., art. VII, § 15.

State owns state educational institutions. — By this section, state was made owner of state educational institutions. State v. Regents of Univ. of N.M., 1927-NMSC-047, 32 N.M. 428, 258 P. 571 (decided before 1960 amendment).

Governmental immunity applies to state educational institutions. — Suit based upon tort against state agency (such as regents of state college), demanding judgment only to extent that such agency is protected by liability insurance, violates rule of governmental immunity from suit. Livingston v. Regents of N.M. College of Agric. & Mechanic Arts, 1958-NMSC-089, 64 N.M. 306, 328 P.2d 78, superseded by statute, Clark v. Ruidoso-Hondo Valley Hosp., 1963-NMSC-063, 72 N.M. 9, 380 P.2d 168.

State institution is not subject to action in damages for negligence of its employees. Livingston v. Regents of N.M. College of Agric. & Mechanic Arts, 1958-NMSC-089, 64 N.M. 306, 328 P.2d 78, superseded by statute, Clark v. Ruidoso-Hondo Valley Hosp., 1963-NMSC-063, 72 N.M. 9, 380 P.2d 168.

The university of New Mexico is a state agency, and, as such, the university, its regents and its admissions committee are entitled to eleventh amendment immunity, as are its employees acting in their official capacities. Buchwald v. University of N.M. Sch. of Med., 159 F.3d 487 (10th Cir. 1998).

Action against regents barred by eleventh amendment immunity. — A student at the New Mexico school of mines (now New Mexico institute of mining and technology) was barred from bringing an action in the United States district court for damages for personal injuries alleged to have resulted from the negligence of the school's board of regents in the operation of the school because the action was in effect against the state of New Mexico, and U.S. Const., amend. XI, barred federal jurisdiction. Korgich v. Regents of N.M. Sch. of Mines, 582 F.2d 549 (10th Cir. 1978).

Northern New Mexico college is not prohibited from moving coursework from El Rito. — The state of New Mexico, in N.M. Const., Art. XII, § 11, enumerated the state educational institutions to benefit from the 1910 Enabling Act, in which the United States congress granted over thirteen million acres of federal land to be held in trust for the benefit of various public schools and other institutions, and the state, in N.M. Const., Art. XII, § 12, reaffirmed the Enabling Act's restrictions on land, applying them specifically to state educational institutions. These constitutional provisions, however, do not prohibit the enumerated state institutions from moving from their constitutionally-specified locations so long as the schools' trust lands and their proceeds are used for the purpose of maintaining the schools as state educational institutions, and therefore the northern New Mexico state school, at El Rito (NNMC) is not prohibited from moving the majority of its coursework from the El Rito campus to Española so long as NNMC continues to exist as a state educational institution and trust lands granted under the Enabling Act are used for the benefit of NNMC. Northern New Mexico College (10/20/15), Att'y Gen. Adv. Ltr. 2015-07.

State legislator prohibited from employment at state educational institution. — Member of state legislature is prohibited from accepting employment as administrative assistant in one of state educational institutions set forth in this section. 1957 Op. Att'y Gen. No. 57-40.

State educational institutions not public employers. — The New Mexico school for the deaf and other state educational institutions confirmed by this section are not public employers "other than the state" for purposes of the Public Employee Bargaining Act (Chapter 10, Article 7E NMSA 1978). The applicable statutory definitions indicate the legislature's intent that state educational institutions be included within the term "state," and neither any other statutory provisions nor constitutional principles require deviation from this intent. 1993 Op. Att'y Gen. No. 93-05.

University officials may regulate ice cream vendors. — New Mexico state university officials may preclude sale of ice cream by private individuals from mobile ice cream truck on university streets providing reasons for regulation directly concern health, safety, education and welfare of students and are not so unreasonable and arbitrary as to offend due process of law under fourteenth amendment to United States constitution. 1962 Op. Att'y Gen. No. 62-38.

Characterization of schools for purposes of federal law. — New Mexico military institute and northern New Mexico state school are "secondary schools" for purpose of National Defense Education Act (20 U.S.C. § 401 et seq.). 1959 Op. Att'y Gen. No. 59-150.

Students may not be forced to attend particular public school. — Enrollment in another school within or without the local district would be subject to availability of accommodations and must be determined by the local board. 1979 Op. Att'y Gen. No. 79-36.

Valid intrusion by legislature of another governmental branch. — The failure to fund a branch campus does not put the university of New Mexico out of business, nor does it constitute an invalid intrusion of the legislature into another branch of government. 1980 Op. Att'y Gen. No. 80-03.

Creation of statewide magnet school. — The legislature has the authority to create a statewide magnet school for the arts without amending Article XII, Section 11 of the New Mexico constitution. 2006 Op. Att'y Gen. No. 06-03.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities § 2.

Determination of residence or nonresidence for purpose of fixing tuition fees or the like in public school or college, 83 A.L.R.2d 497, 56 A.L.R.3d 641.

Validity and application of provisions governing determination of residency for purpose of fixing fee differential for out-of-state students in public college, 56 A.L.R.3d 641.

14A C.J.S. Colleges and Universities § 3.