reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.13 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The following procedures will be used by the commission in
				  the approval of operating budgets:
A.
				Budgets will be presented in the format prescribed by the commission on higher
				education through the commission's staff. Budgets will be in compliance with
				the financial reporting manual as adopted by the commission on higher
				education. Any significant changes in the format or manual will be reviewed
				with the institutional budgetary officers before being put into
				effect.
B. Each institution will
				submit a draft of the operating budget to the commission's staff by May 1. The
				commission's staff will review and check this draft and then consult with the
				appropriate institutional officials for clarification, correction of errors,
				and consistency in budgetary format.
C. The institution will then submit four
				original copies that have been approved by the institution's governing board to
				the commission's office by a specified date. This will be reproduced by the
				commission's staff and copies provided to each commissioner upon
				request.
D. The commission's staff
				will analyze each budget and, to the extent possible, report the results of its
				analyses to the commission members in advance of the commission meeting when
				approval of budgets is to be considered. Particular attention will be given to
				the proposed use of balances.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.14 - DEADLINES

Current through Register Vol. 35, No. 13, July 16, 2024
The commission will meet about the middle of June and act on
				  approval of the budgets. The budgets as approved by the commission will be
				  transmitted to the budget division of the department of finance and
				  administration for official approval prior to July 1.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 5 - OPERATING BUDGETS - FUNDING RECOMMENDATIONS › Section 5.3.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico Commission on Higher Education, 1068
				  Cerrillos Road, Santa Fe, New Mexico 87501-4295, (505)
				  827-7383.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 5 - OPERATING BUDGETS - FUNDING RECOMMENDATIONS › Section 5.3.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of 5 NMAC 3.3 [now 5.3.5 NMAC] apply to all state
				  public post secondary institutions in the state of New
				  Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 5 - OPERATING BUDGETS - FUNDING RECOMMENDATIONS › Section 5.3.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  21-1-26
				  NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 5 - OPERATING BUDGETS - FUNDING RECOMMENDATIONS › Section 5.3.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a different date is cited at the
				  end of a section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 5 - OPERATING BUDGETS - FUNDING RECOMMENDATIONS › Section 5.3.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 5 NMAC 3.3 [now 5.3.5 NMAC] is to establish
				  a policy for the development of funding recommendations for institutional
				  operating budgets, which includes provisions for the use of funding formulas;
				  procedures for research, public service, and other special projects; and
				  procedures for non-formula institutions.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 5 - OPERATING BUDGETS - FUNDING RECOMMENDATIONS › Section 5.3.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Base
				contribution methodology" means that inflationary and compensation adjustments
				to expenditures are made according to the proportion of state general fund
				appropriations to total revenues.
B. "Commission" means the New Mexico
				commission on higher education.
C.
				"Off-campus credits" are student credit hours earned from courses offered that
				do not meet the definitions of on-campus credits but are offered for regular
				academic credit and are applicable to an approved degree or certification
				program, taught by regular faculty or equivalent and delivered via extended
				learning instruction. Off-campus credits are reported in separate extended
				services data files to generate funding and include additional data fields to
				indicate the delivery location(s) of the instruction.
D. "On-campus credits" are student credit
				hours earned from courses that are offered within the geographical boundaries
				of the campus for academic credit and for which regular main campus tuition is
				charged.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 5 - OPERATING BUDGETS - FUNDING RECOMMENDATIONS › Section 5.3.5.8 - GENERAL PRINCIPLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. In an
				effort to maintain equitable funding among institutions, present a reasonable
				and appropriate funding package to the executive and the legislature, and serve
				their intended purpose as an analytical and unbiased screen for legislative
				proposals, the following principles are adopted:
(1) The commission will consider only those
				institutional requests which have been approved by their governing
				boards.
(2) Any institutional
				request requiring action by the commission, along with supporting information,
				must be in the commission's office thirty (30) days prior to the meeting at
				which the proposal will be considered. After consideration of any unique
				circumstances (e.g., nature of commission responsibility, prior commission
				action on similar proposals, and funding sources), the executive director may
				waive this requirement.
(3) The
				commission will not support legislative proposals for funding to higher
				education institutions which were not reviewed and approved by the commission
				in the development of its funding recommendations.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 5 - OPERATING BUDGETS - FUNDING RECOMMENDATIONS › Section 5.3.5.9 - WORKLOAD BASE FOR CALCULATING THE I AND G FORMULA

Current through Register Vol. 35, No. 13, July 16, 2024
A. For four-year institutions, the
				instructional portion of the I and G formula will generally be calculated using
				an average of the three previous academic years unrestricted student credit
				hours. Each year, the average will roll forward, drop the earliest years data,
				and add the most recent years actuals.
B. For two-year institutions, the
				instructional portion of the I and G formula is calculated on the most recent
				academic years unrestricted student credit hours. Adjustments may be made when
				dictated by anticipated enrollment growth in relation to size of instructional
				budget.
C. For both four-year and
				two-year institutions, the general portion of the I and G formula is calculated
				on the most recent academic year's workload factors.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 5 - OPERATING BUDGETS - FUNDING RECOMMENDATIONS › Section 5.3.5.10 - INSTRUCTION AND GENERAL - FORMULA INSTITUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Appropriate expenditure levels will be
				calculated taking into consideration such factors as compensation levels, the
				effect of inflation on nonsalary items, and the differential costs attributable
				to levels of instruction and fields of study at institutions of varying
				sizes.
B. The commission will, as a
				part of its regular legislative recommendation process, review the revenue
				credit assumptions contained in the prior general fund appropriation, and use
				these assumptions as a basis for making recommendations when taking credit
				against formula expenditure levels.
C. Revenue from other non-general fund
				sources will be projected and credit will be taken against expenditure levels
				on the basis of guidelines developed annually by the commission.
D. Formula transfers for state scholarships,
				building renewal and replacement, and equipment replacement will be added to
				formula expenditures. An amount equal to these formula transfers will be
				required as a transfer to the appropriate budget exhibits.
E. Revenue required by statute from district
				ad valorem taxes will be projected and will be credited against the formula
				expenditure level in support of the I and G budget for institutions maintaining
				local taxing districts.
F. Revenue
				from federal and other grants for instructional and general programs will be
				counted as available for support of the I and G budget when these programs have
				been recognized in expenditure calculations. Grants from such sources for
				instructional programs not recognized in expenditure calculations will not be
				counted as available for support of the I and G budget.
G. After taking into account revenue
				available directly for minor capital outlay, transfers from I and G will be
				allowed in support of minor capital outlay expenditures.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 5 - OPERATING BUDGETS - FUNDING RECOMMENDATIONS › Section 5.3.5.11 - INSTRUCTION AND GENERAL - NON-FORMULA INSTITUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The recommended appropriation for these institutions will be
				  determined by taking the calculated justified expenditures, adding the
				  beginning balance, adding net transfers from I and G, subtracting ending
				  balance, and subtracting income available for support of the I and G budget
				  from sources other than appropriation.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 5 - OPERATING BUDGETS - FUNDING RECOMMENDATIONS › Section 5.3.5.12 - RESEARCH, PUBLIC SERVICE, AND OTHER SPECIAL PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Line item appropriations will be
				recommended where appropriate for research, public service and certain other
				activities. In general, calculations of these recommendations will be based on
				justified expenditures to maintain a desirable level of program activity, minus
				income other than appropriations. Proposed expansion of programs or initiation
				of new programs will be evaluated on the basis of specific written
				justification. New programs, if recommended by the commission, will be
				submitted as separate line item appropriations requests.
B. The commission on higher education must
				determine when it is appropriate to recommend the expansion of existing
				research, public service and other special projects and the establishment of
				new ones. New projects should be established to meet identified statewide needs
				upon a finding that one of the state's higher education institutions can most
				effectively meet the need. Proposed expansion must also be intended to meet
				identified statewide needs effectively and efficiently. All possible sources of
				funding should be explored before a request for state funding is
				made.
C. Once established,
				research, public service and other special projects should be subject to
				periodic review to determine the ongoing need for the project and the
				effectiveness of the project in meeting the need. Likewise, the relationship of
				each project to the institutional and, when appropriate, statewide priority
				needs should be periodically established.
D. Existing Projects:
(1) The budget of each project shall be
				separately identified and reported on forms provided by the
				commission.
(2) Each project shall
				be subject to a review by the commission at least once every four years. This
				review shall include a hearing before the commission. The hearing shall include
				a presentation by an institutional representative on the activities of the
				project, and a presentation by the commission staff of the staff findings of
				the review of the project. On the basis of the hearing, the commission shall
				decide whether or not to recommend an ongoing state appropriation for the
				project.
(3) Projects that receive
				significant revenues from sources other than the state general fund shall be
				evaluated using the base contribution methodology. The state contribution is
				considered "seed" money to encourage the continuation of the project. However,
				specific projects may be evaluated using an alternative method where more
				appropriate.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 5 - OPERATING BUDGETS - FUNDING RECOMMENDATIONS › Section 5.3.5.13 - PROCEDURES FOR THE DEVELOPMENT OF THE COMPLETE INSTITUTIONAL FUNDING RECOMMENDATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following procedures and policies will be used by the
				  commission in arriving at recommendations as to the amounts of appropriations
				  to be made to support state-funded activities, including both I and G and
				  other, at each institution.
A. Early
				in the fall, the commission will schedule a hearing on matters relating to
				legislative funding requests. The commission will instruct the staff regarding
				certain criteria and factors, such as salary increases, impact of inflation,
				etc., to be used in staff calculations.
B. After being approved by the governing
				boards, legislative funding requests will be submitted to the office of the
				commission. These requests may include proposed formula revisions as well as
				research, public service, or other special project requests. The commission's
				staff will review the requests with appropriate officials of the
				institutions.
C. The commission's
				staff will analyze the institutional requests and will prepare preliminary
				staff calculations for each institution, incorporating the criteria and factors
				as instructed by the commission, and will distribute these calculations
				together with supporting information to the commission members and to each of
				the institutions.
D. The commission
				will hold hearings at which representatives of each institution will support
				their requests and present their reactions to the preliminary staff
				calculations. At the conclusion of the hearings, the commission will instruct
				the staff as to further calculations and adjustments to be made in preparation
				for subsequent meetings.
E. The
				commission will meet to adopt final funding recommendations.
F. The staff will transmit the commission's
				recommendations to the governor and consult with the governor regarding
				incorporation of the commission's recommendations in the executive
				budget.
G. The staff will transmit
				the commission's recommendations to the appropriate legislative committees to
				explain the recommended appropriations and assist the committees in their
				review of the recommendations.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 6 - HIGHER EDUCATION ENDOWMENT FUN › Section 5.3.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for 5.3.6 NMAC apply to all public post-secondary
				  institutions in New Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 6 - HIGHER EDUCATION ENDOWMENT FUN › Section 5.3.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  21-1-26
				  and
				  21-1-27
				  NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 6 - HIGHER EDUCATION ENDOWMENT FUN › Section 5.3.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 15, 2015, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 6 - HIGHER EDUCATION ENDOWMENT FUN › Section 5.3.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective and purpose of 5.3.6 NMAC is to outline the
				  distribution of monies in the higher education endowment fund. Money in the
				  higher education endowment fund is appropriated by the legislature to the
				  higher education department. The department shall distribute funds to New
				  Mexico public post-secondary educational institutions that submit proposals and
				  receive award determinations from the department to establish endowments at the
				  institutions for purposes outlined in
				  21-1-27
				  NMSA 1978 and 5.3.6 NMAC.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 6 - HIGHER EDUCATION ENDOWMENT FUN › Section 5.3.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Committee"
means the higher education endowment committee.
B.
"Department"
means the New
				Mexico higher education department.
C.
"Eligible institution"
means
				a New Mexico public post-secondary institution.
D.
"Endowment"
means the higher
				education endowment fund.
E.
"Non-Government Funds"
as used in Subsection E of 5.3.6.8 NMAC herein
				means no portion of the matching funds from an eligible institution may be
				derived from any federal, state or local government grant, allocation or
				appropriation of any type without limitation.
F.
"Proposal"
means a formal
				request submitted to the higher education endowment committee to establish
				endowments at an eligible institution for endowment purposes.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 6 - HIGHER EDUCATION ENDOWMENT FUN › Section 5.3.6.8 - HIGHER EDUCATION ENDOWMENT FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				"higher education endowment fund" is created in the state treasury. The fund
				shall consist of appropriations, income from investment of the fund, gifts,
				grants, donations and bequests.
B.
				The higher education endowment fund shall be administered by the department.
				Money shall be disbursed only on warrant of the secretary of finance and
				administration upon receipt of voucher signed by the secretary of higher
				education or the secretary's authorized representative.
C. Money in the higher education endowment
				fund is appropriated to the department for distribution to the public
				post-secondary educational institutions listed in Subsection D of 5.3.6.8 NMAC
				that submit proposals and receive award determinations from the department to
				establish endowments at the institutions for endowment purposes. Endowment
				purposes shall include:
(1) establishing
				endowed chairs, lectureships, professorships, research positions, graduate
				assistantships and faculty development programs that will enhance the quality
				of public post-secondary education in New Mexico; and
(2)addressing one or more of the governor's
				initiatives, including research and development initiatives; technology
				transfer initiatives; science, technology, engineering and mathematics
				initiatives; health, education, water and agriculture initiatives; and work
				force development initiatives.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 6 - HIGHER EDUCATION ENDOWMENT FUN › Section 5.3.6.9 - HIGHER EDUCATION ENDOWMENT COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
The committee is composed of the secretaries of higher
				  education, economic development and finance and administration or their
				  designees.
A. Additional ex-officio
				members of the committee may be appointed by the department pursuant to
				policies and procedures set forth by the committee. Ex-officio members will
				serve only in an advisory capacity and shall not make any vote or otherwise
				determine the outcome of any proposal submitted to the committee. The advisory
				members shall be composed of:
(1)two
				representatives of the council of university presidents, consisting of one
				person representing the research institutions and one person representing the
				comprehensive institutions;
(2) a
				representative of New Mexico independent community colleges;
(3) a representative of the New Mexico
				association of community colleges; and
(4)other representatives as appointed by the
				department.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 6 - HIGHER EDUCATION ENDOWMENT FUN › Section 5.3.6.10 - PROPOSAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. To be
				considered eligible for a distribution from the endowment, a proposal submitted
				by a public postsecondary institution shall:
(1) demonstrate how the funds will be used to
				enhance the quality of public post-secondary education in New Mexico;
(2) indicate which of the governor's
				initiatives the proposal addresses; and
(3) identify the source and eligibility of
				matching funds.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 6 - HIGHER EDUCATION ENDOWMENT FUN › Section 5.3.6.11 - SELECTION OF PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				committee shall develop a timeline of application periods setting forth
				deadlines for proposal submission and a schedule of review.
B. The committee shall develop a scoring
				matrix that scores all proposals received pursuant to the requirements of
				5.3.6.10 NMAC.
C. No award
				determination shall be made until all proposals submitted within an application
				period have been reviewed and scored by the committee.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 6 - HIGHER EDUCATION ENDOWMENT FUN › Section 5.3.6.12 - REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall report annually to the legislative
				  finance committee on award determinations made pursuant to this section. The
				  report shall include the amounts awarded to each institution, the amount of
				  matching funds and their sources and the purposes of the endowments and
				  awards.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 7 - BUILDING AND IMPROVEMENT BONDS › Section 5.3.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All public post-secondary educational institutions operating
				  within and receiving financial support from the state of New
				  Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 7 - BUILDING AND IMPROVEMENT BONDS › Section 5.3.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for 5.3.7 NMAC is found in NMSA 1978 Sections
				  6-13-1 through
				  6-13-26;
				  Sections
				  6-17-1
				  through
				  6-17-14;
				  and Sections
				  21-7-13
				  through
				  21-7-25.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 7 - BUILDING AND IMPROVEMENT BONDS › Section 5.3.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 7 - BUILDING AND IMPROVEMENT BONDS › Section 5.3.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective and purpose of 5.3.7 NMAC is to establish a
				  process upon which public higher education institutions may initiate their
				  statutory authority to borrow money for certain improvements.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 8 - EDUCATIONAL TELEVISION EQUIPMENT REPLACEMENT FUND › Section 5.3.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico Commission on Higher Education, 1068
				  Cerrillos Road, Santa Fe, New Mexico 87501-4295, (505)
				  827-7383.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 8 - EDUCATIONAL TELEVISION EQUIPMENT REPLACEMENT FUND › Section 5.3.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The three publicly funded educational television stations
				  operating within and receiving financial support from the state of New Mexico;
				  KENW (Portales), KNME (Albuquerque), and KRWG (Las Cruces).
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 8 - EDUCATIONAL TELEVISION EQUIPMENT REPLACEMENT FUND › Section 5.3.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for 5 NMAC 3.8 [now 5.3.8 NMAC] is found in NMSA
				  1978 Section
				  21-1-34.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 8 - EDUCATIONAL TELEVISION EQUIPMENT REPLACEMENT FUND › Section 5.3.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1998 [unless a later date is cited at the end of a
				  section].
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 8 - EDUCATIONAL TELEVISION EQUIPMENT REPLACEMENT FUND › Section 5.3.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The objective of
				5 NMAC 3.8 [now 5.3.8 NMAC] is to provide a mechanism for equitable
				disbursement of yearly appropriations to the educational television equipment
				replacement fund.
B. The purpose of
				5 NMAC 3.8 [now 5.3.8 NMAC] is to equitably distribute available funds among
				the three educational television stations operating within and receiving
				financial support from the state of New Mexico; KENW (Portales), KNME
				(Albuquerque), and KRWG (Las Cruces).
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 8 - EDUCATIONAL TELEVISION EQUIPMENT REPLACEMENT FUND › Section 5.3.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Eligible
				equipment" means the broadcast equipment of the three educational television
				stations operating within and receiving financial support from the state of New
				Mexico; KENW (Portales), KNME (Albuquerque), and KRWG (Las Cruces), with a
				replacement cost of over $10,000.
B. "Useful life" means the amortization
				schedule of the internal revenue service (IRS) used by public New Mexico
				colleges and universities for equipment replacement purposes.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 8 - EDUCATIONAL TELEVISION EQUIPMENT REPLACEMENT FUND › Section 5.3.8.8 - DISBURSEMENT CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
A. Process
				to inform: The educational television stations will submit equipment
				inventories to the commission on higher education on September 15th of each
				year. These inventories will contain detailed listings of eligible equipment
				showing the useful life of the equipment.
B. Recommendations: Based on these
				inventories, and the equipment scheduled to be replaced, the commission on
				higher education will annually make a recommendation to the legislature
				regarding appropriations to the educational television replacement
				fund.
C. Disbursement: Upon receipt
				of the appropriation, the commission on higher education will make an equitable
				disbursement of the funds, corresponding to the previously submitted
				inventories from the three educational television stations operating in the
				state of New Mexico; KENW (Portales), KNME (Albuquerque), and KRWG (Las
				Cruces).
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 9 - CAPITAL BUDGETS - PLANNING AND FUNDING RECOMMENDATIONS › Section 5.3.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico Higher Education
				  Department.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 9 - CAPITAL BUDGETS - PLANNING AND FUNDING RECOMMENDATIONS › Section 5.3.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All public post-secondary educational institutions operating
				  within and receiving financial support from the state of New
				  Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 9 - CAPITAL BUDGETS - PLANNING AND FUNDING RECOMMENDATIONS › Section 5.3.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for 5.3.9 NMAC is found in NMSA 1978 Sections
				  12-1-21.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 9 - CAPITAL BUDGETS - PLANNING AND FUNDING RECOMMENDATIONS › Section 5.3.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 9 - CAPITAL BUDGETS - PLANNING AND FUNDING RECOMMENDATIONS › Section 5.3.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The objective of
				5.3.9 NMAC is to establish a process by which the higher education department
				will review capital outlay funding recommendation packages developed by
				institutions and present those to the higher education department and submit
				those approved to the legislature annually.
B. The purpose of 5.3.9 NMAC is to provide
				public higher education institutions with an equitable process by which the
				department can review packages from institutions that contain capital projects,
				listed in priority order, that are considered to represent the greatest needs
				of the state and of the institutions. The higher education department, will
				review requests for capital outlay funding submitted by postsecondary
				institutions and special constitutional schools, recommend the projects in
				priority order, and present funding recommendations for approval by the
				department.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 9 - CAPITAL BUDGETS - PLANNING AND FUNDING RECOMMENDATIONS › Section 5.3.9.8 - REVIEW CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Reviewing and recommending: In reviewing and recommending capital project
				requests, the higher education department will be guided by the general
				criteria listed below. Specific determinants for evaluating the projects may
				vary from year to year as the immediate capital needs of the institutions
				evolve and as requirements for code compliance are revised. These influences
				will be explained each year in the capital project recommendations document
				prepared for the New Mexico legislature. In general, the higher education
				department will give preference to the following types of projects:
(1) projects which are strongly related to
				instructional programs and which support an institutions mission and particular
				role;
(2) projects to provide high
				quality educational settings which represent up-to-date technologies;
(3) projects which are necessary to
				accommodate enrollment growth;
(4)
				projects to address major health and safety problems and elimination of
				physical barriers to handicapped persons;
(5) projects resulting from unforeseen
				conditions that if uncorrected would result in major property
				deterioration;
(6) projects to
				renovate facilities or to make wise use of other existing resources whenever
				feasible and economical;
(7)
				projects to improve utilities systems or building energy efficiency that will
				result in rapid capitalization of initial costs and long-term reduction of
				energy costs;
(8) projects for
				which there is no other available or more appropriate funding source, such as
				building renewal and replacement funds, local bonds, revenue bonds, auxiliary
				revenues, or research revenues.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 9 - CAPITAL BUDGETS - PLANNING AND FUNDING RECOMMENDATIONS › Section 5.3.9.9 - INSTITUTIONAL FACILITY PLANNING

Current through Register Vol. 35, No. 13, July 16, 2024
Each four-year university and two-year college must have on
				  file at the higher education department a current five-year institutional plan
				  containing the information on capital resources which is required by the
				  institutional planning guidelines. The required information for branches of
				  four-year institutions may be included in the main campus institutional plan,
				  but must be provided in full for each branch campus.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 10 - CAPITAL PROJECTS APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico higher education department, 2044
				  Galisteo Street, Suite 4, Santa Fe, New Mexico 87505-2100,
				  (505)476-8400.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 10 - CAPITAL PROJECTS APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All public post-secondary educational institutions operating
				  within and receiving financial support from the state of New
				  Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 10 - CAPITAL PROJECTS APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  21-1-21 NMSA
				  1978, Sections
				  21-2A-1 et
				  seq. NMSA 1978, Section
				  9-25-13 NMSA
				  1978, and Section
				  9-25-8
				  NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 10 - CAPITAL PROJECTS APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The objective of
				5.3.10 NMAC is to assume responsibility for approving all building
				construction, major remodeling projects, and purchases of real property at
				public post-secondary educational institutions.
B. The purpose of 5.3.10 NMAC is to provide
				approval of proposed capital outlay projects for which funding is available and
				to be handled by the department.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 10 - CAPITAL PROJECTS APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Capital
				outlay committee"
means the standing committee of the New Mexico
				department of higher education that reviews all capital projects.
B.
"Department"
means the New
				Mexico department of higher education.
C.
"FTE enrollments"
means the
				total number of student credit hours divided by 30 at the undergraduate level
				and divided by 24 at the graduate level, on an annual basis.
D.
"Institutional plan"
means
				the plan that each university, branch campus, college and special school must
				have on file at the department. It is a current five-year institutional plan
				containing the information on capital resources which is required by the
				institutional planning guidelines. The required information for branches of
				four-year institutions may be included in the main campus institutional plan,
				but must be provided in full for each branch campus.
E.
"Legal description"
means the
				legal description of the subject property as described by the meets and bounds
				survey as completed and verified by a certified New Mexico land
				surveyor.
F.
"Real
				property"
means land and all interests in it such as buildings and
				fixtures.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 10 - CAPITAL PROJECTS APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.10.8 - PRINCIPLES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Following are the principles and procedures for approval of
				  proposed capital outlay projects:
A.
				All projects submitted for department approval must have the prior approval of
				the institution's governing board.
B. Proposed projects should be consistent
				with the institutions long-range capital planning as presented in the
				institutional plan.
C. All projects
				that fall under the following categories must be submitted to the department
				for approval:
(1) any purchase of real
				property;
(2) any project which
				results in the addition of square footage, whether from construction or
				long-term lease of a new facility or a building addition, or purchase of
				portable buildings;
(3) any
				proposal to issue bonds;
(4) the
				approval authority for any alterations or site improvements is as follows,
				based on total project cost:
(a) For
				institutions with FTE enrollments of 1,500 or less:
(i) over fifty thousand ($50,000) - staff
				approval;
(ii) over three hundred
				thousand ($300,000) - capital outlay committee approval;
(b) For institutions with FTE enrollments
				over 1,500:
(i) over three hundred thousand
				($300,000) - staff approval;
(ii)
				over five hundred thousand ($500,000) - capital outlay committee
				approval;
(iii) Exception: The New
				Mexico institute of mining and technology will be included with the over 1,500
				FTE institutions when a particular project is entirely funded by restricted
				funds.
(c) In
				determining the total project cost, in-house labor costs and burden, along with
				all materials, subcontract costs, and reasonable charge for owned equipment,
				must be included.
(d) Projects may
				not be artificially segmented or phased in a manner designed to avoid review by
				the Department.
(5) Any
				demolition of an existing building must be submitted for approval by the
				department staff.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 10 - CAPITAL PROJECTS APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.10.9 - INFORMATION TO BE SUBMITTED

Current through Register Vol. 35, No. 13, July 16, 2024
For construction, renovation, or site improvement projects,
				  institutions must complete the department capital request forms and ensure that
				  information is provided on:
A. need
				for the proposed facility or improvement and a discussion of how the project
				relates to the overall institutional plan;
B. if the project was included in the
				department recommendations for legislative funding, and if applicable,
				information outlining any departures from descriptions used in obtaining the
				initial recommendation;
C. a
				statement that the institutions board of regents or governing board has
				approved the project;
D. a summary
				of the types and sizes of facilities to be included in the project;
E. a copy of the project program;
F. completed preliminary floor plan drawings
				of the project, including elevations, with each space identified as to
				function;
G. a plot plan indicating
				the site of the project;
H. the
				anticipated use of any facilities to be vacated when the project is
				completed;
I. the projects
				estimated budget and source of funding.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 10 - CAPITAL PROJECTS APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.10.10 - FOR PURCHASES OF REAL PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
For purchase of real property, institutions must submit to
				  the department:
A. a legal description
				of the property;
B. a copy of the
				appraisal and a report from the property tax division of the taxation and
				revenue department containing their appraised value;
C. a site improvement survey to verify the
				legal description and to uncover the existence of recorded and unrecorded
				easements and encroachments;
D. a
				title insurance policy;
E. a
				description of the use to which the property will be put;
F. a phase one environmental report stating
				that an environmental review or assessment has been done and that the property
				is free of environmental hazards and contamination; a written statement that a
				phase two environmental survey is recommended or is not required;
G. the sources of funds for the
				purchase;
H. to obtain the approval
				of the state board of finance, institutions will be required to submit
				additional documents, as listed in the boards rules and regulations;
I. a copy of warranty deed
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 10 - CAPITAL PROJECTS APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.10.11 - APPROVAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The department's approval process will proceed as
				  follows:
A. The department's staff
				will review the proposed project and will present the project to the capital
				outlay committee in advance of the meeting at which the project is to be acted
				upon.
B. Representatives of the
				institution will appear to present the proposed project to the capital outlay
				committee.
C. The capital outlay
				committee will approve or disapprove the project and will present this
				recommendation to the department. The capital outlay committee may forward a
				project to the department with no recommendation.
D. The department will act to approve or
				disapprove the project.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 10 - CAPITAL PROJECTS APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.10.12 - REVISED PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. When
				the development of a project has reached the stage just short of advertising
				for bids, if substantial changes have occurred in the size of the project,
				types of spaces, or estimated costs, the institution should resubmit the
				appropriate forms and plans to the department's staff. The staff will then
				determine whether the project should proceed or be reconsidered by both the
				capital outlay committee and the department. Substantial changes are defined
				as:
(1) a change in the size of the project
				of 10 percent or over 1,000 net assignable square feet, whichever is
				larger;
(2) a 10 percent change in
				the type or purpose of planned space; or
(3) a change in the total project cost of 10
				percent or one hundred thousand ($100,000), whichever is larger.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 10 - CAPITAL PROJECTS APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.10.13 - NOTICE OF DISPOSITION OF REAL PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
Notice of the sale or trade of real property must be
				  submitted to department staff when the property exceeds a current appraisal
				  value of one hundred thousand ($100,000). The following information should be
				  submitted:
A. a description of the
				land parcel being sold or traded, including a location map and a statement of
				the appraised value;
B. the reason
				for the disposition;
C. the amount
				of anticipated revenue from the sale and the expected use of this
				revenue;
D. to obtain the approval
				of the state board of finance, institutions will be required to submit
				additional documents, as listed in the boards rules and regulations.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 10 - CAPITAL PROJECTS APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.10.14 - EMERGENCY SITUATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The capital outlay committee or the department may modify or
				  suspend any of these procedures to expedite projects which are necessary to
				  address emergency situations.
A.
				Deadline dates: 30 days prior to the capital outlay committee meeting at which
				approval is requested.
B. Reporting
				Forms: Form 1 through 6 - Department of higher education capital project
				request forms.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of 5.3.11 NMAC apply to all public higher
				  education institutions operating within and receiving financial support from
				  the state of New Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-25-8
				  NMSA 1978, Section
				  21-1-26
				  NMSA 1978, Section
				  21-1-26.3
				  NMSA 1978, Section
				  21-1-26.12
				  NMSA 1978, and Section
				  21-1-33
				  NMSA 1978.