1. A. As used in Chapter 21, Article 14 NMSA 1978, "board" means either the local school board or the combined local school boards acting as a single board of the school district or the board of the branch community college elected pursuant to Section 21-14-2.1 NMSA 1978.

2. B. The duties of the board are to:

   1. (1) enter into written agreements with the board of regents of the parent institution, subject thereafter to biennial review by all parties concerned and to the review and commentary of the higher education department;
   2. (2) act in an advisory capacity to the board of regents of the parent institution in all matters relating to the conduct of the branch community college;
   3. (3) approve an annual budget for the branch community college for recommendation to the board of regents of the parent institution;
   4. (4) certify to the board of county commissioners the tax levy; and
   5. (5) issue the proclamation for the election for tax levies for the branch community college if the tax levies are to be presented to the voters of the district at a special election, or approve the ballot question if the tax levies are to be presented to the voters of the district at either the general or regular local election.
3. C. Except for the branch community college of northern New Mexico college, the board and the board of regents of the parent institution of the branch community college shall jointly conduct a search for qualified candidates for director. The board of regents of the parent institution, after consultation with the board, shall then select a director for the branch community college.

4. D. The board and the board of regents of the parent institution shall enter into a written agreement, which shall include provisions for:

   1. (1) the parent institution to have full authority and responsibility in relation to all academic matters;
   2. (2) the parent institution to honor all credits earned by students as though they were earned on the parent campus;
   3. (3) the course of study and program offered;
   4. (4) the cooperative use of physical facilities and teaching staff;
   5. (5) consideration of applications of local qualified people before employing teachers of the local school system; and
   6. (6) the detailed agreement of financing and financial control of the branch community college.
5. E. The agreement shall be binding upon both the board and the board of regents of the parent institution; however, it may be terminated by mutual consent or it may be terminated by either board upon six months' notice. However, if the branch community college has outstanding general obligation or revenue bonds, neither the board nor the board of regents may terminate the agreement until the outstanding bonds are retired, except as provided by Section 21-13-24.1 NMSA 1978. This provision shall apply to all agreements in existence between the branch community college and the board of regents of the parent institution.
6. F. All taxes levied to pay for principal and interest on bonds of the branch community college shall be in addition to the taxes levied for operating, maintaining and providing facilities for the branch community college pursuant to the College District Tax Act [21-2A-1 to 21-2A-10 NMSA 1978].

7. G. For the purpose of relating branch community colleges to existing laws, branch community college districts or branch community colleges shall not:

   1. (1) be considered a part of the uniform system of free public schools pursuant to Article 12, Section 1 and Article 21, Section 4 of the constitution of New Mexico;
   2. (2) benefit from the permanent school fund and from the current school fund under Article 12, Sections 2 and 4 of the constitution of New Mexico;
   3. (3) be subject, except as it relates to technical and vocational education, to the control, management and direction of the public education department;
   4. (4) be considered school districts insofar as the restrictions of Article 9, Section 11 of the constitution of New Mexico are concerned;
   5. (5) for the branch community college of northern New Mexico college, be eligible for separate state appropriations through the higher education funding formula; and
   6. (6) for the branch community college of northern New Mexico college, any courses, students, student credit hours and degrees and certificates awarded shall be reported to the higher education department along with and in the same manner as those for northern New Mexico college. These courses, students, student credit hours and degrees and certificates awarded shall be included in all reports and funding formula calculations by the higher education department for northern New Mexico college.
8. H. All elections held pursuant to the branch community college laws shall be conducted and canvassed pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978].
9. I. The territory of a branch of community college may be extended to include additional school districts in the same manner as provided for community colleges in Section 21-13-21 NMSA 1978.
10. J. Any person or corporation may institute in the district court of any county in which the branch community college district affected lies an action or suit to contest the validity of any proceedings held under the branch community college laws, but no such suit action shall be maintained unless it is instituted within ten days after the issuance by the proper officials of a certificate or notification of the results of the election and the canvassing of the election returns.
11. K. The tax rolls of the school districts comprising the branch community college district shall be adopted as the tax rolls of the branch community college district.

History: 1953 Comp., § 73-30-18, enacted by Laws 1963, ch. 162, § 2; 1971, ch. 182, § 1; 1983, ch. 85, § 1; 1985, ch. 238, § 28; 1997, ch. 167, § 2; 1998, ch. 61, § 6; 2005, ch. 117, § 1; 2019, ch. 77, § 2; 2019, ch. 212, § 217.

ANNOTATIONS

Cross references. — For provisions relating to legislative findings for branch community colleges, see 21-1-39 NMSA 1978.

For public school fund, see 22-8-14 NMSA 1978.

For current school fund, see 22-8-32 NMSA 1978.

2019 Multiple Amendments. — Laws 2019, ch. 77, § 2, effective June 14, 2019, and Laws 2019, ch. 212, § 217, effective April 3, 2019, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2019, ch. 212, § 217, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2019, ch. 77, § 2 and Laws 2019, ch. 212, § 217 are described below. To view the session laws in their entirety, see the 2019 session laws on NMOneSource.com.

The nature of the difference between the amendments is that Laws 2019, ch. 77, § 2, exempted the branch community college of northern New Mexico college from the requirement that the board and board of regents of the parent institution of the branch community college conduct a search for qualified candidates for director, provided that the branch community college of northern New Mexico college is not eligible for separate state appropriations through the higher education funding formula, and required that any courses, students, student credit hours and degrees and certificates awarded by the branch community college of northern New Mexico college be reported to the higher education department and be included in all reports and funding formula calculations by the higher education department for northern New Mexico college, and Laws 2019, ch. 212, § 217, provided the higher education department with the duty of issuing the proclamation for the election for tax levies, provided that all elections held pursuant to the branch community college laws shall be conducted pursuant to the Local Election Act, and provided that the territory of a branch of community college may be extended to include additional school districts in the same manner as provided for community colleges.

Laws 2019, ch. 77, § 2, effective June 14, 2019, exempted the branch community college of northern New Mexico college from the requirement that the board and board of regents of the parent institution of the branch community college conduct a search for qualified candidates for director, provided that the branch community college of northern New Mexico college is not eligible for separate state appropriations through the higher education funding formula, and required that any courses, students, student credit hours and degrees and certificates awarded by the branch community college of northern New Mexico college be reported to the higher education department and be included in all reports and funding formula calculations by the higher education department for northern New Mexico college; in Subsection C, added "Except for the branch community college of northern New Mexico college"; in Subsection D, replaced each occurrence of "higher education", with "parent"; and in Subsection G, added Paragraphs G(5) and G(6).

Laws 2019, ch. 212, § 217, effective April 3, 2019, provided the higher education department with the duty of issuing the proclamation for the election for tax levies, provided that all elections held pursuant to the branch community college laws shall be conducted pursuant to the Local Election Act, and provided that the territory of a branch of community college may be extended to include additional school districts in the same manner as provided for community colleges; in Subsection B, in Paragraph B(5), after the paragraph designation, deleted "conduct" and added "issue the proclamation for", and after "for the branch community college", added "if the tax levies are to be presented to the voters of the district at a special election, or approve the ballot question if the tax levies are to be presented to the voters of the district at either the general or regular local election"; in Subsection H, after "shall be", deleted former Paragraphs H(1) and H(2) and added "pursuant to the provisions of the Local Election Act"; and added new Subsection I and redesignated former Paragraph H(3) as Subsection J and former Subsection I as Subsection K.

The 2005 amendment, effective June 17, 2005, provided in Subsection C that the board of a branch community college and the board of regents of the parent institution shall jointly conduct a search for qualified candidates for director and that the board of regents, after consultation with the board of the branch community college shall select the director of the branch community college.

The 1998 amendment, effective March 9, 1998, rewrote this section to the extent that a detailed comparison is impracticable.

The 1997 amendment added "method; parent institution method" to the section heading; added Subsection B and redesignated the remaining subsections accordingly; inserted "if the board has initiated the establishment of the branch community college" in Paragraph C(2); added Subsection L; substituted "commission on higher education" for "board of educational finance" throughout the section; and made minor stylistic changes throughout the section.

Composition of board. — Branch community college laws give certain powers to the board of education (local board). When more than one school district makes up a branch community college district, that board is expressly intended to be a composite of the local school board. 1975 Op. Att'y Gen. No. 75-50.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 5, 10, 11; 68 Am. Jur. 2d Schools §§ 37, 38, 52 to 70.

14A C.J.S. Colleges and Universities §§ 15 to 17; 78 C.J.S. Schools and School Districts § 22 et seq.