A. The higher education department shall recommend an appropriation for each branch community college, except the branch community college of northern New Mexico college, and junior college based upon the college's financial requirements in relation to its authorized program and its available funds from non-general fund sources; provided, the recommended appropriation shall be an amount not less than three hundred twenty-five dollars ($325) for each full-time-equivalent student.

B. The higher education department shall not recommend an appropriation greater than three hundred twenty-five dollars ($325) for each full-time-equivalent student for any branch community college that levies a tax at a rate less than one dollar ($1.00), unless a lower amount is required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon a rate approved by the electors of at least one dollar ($1.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], or any branch community college that reduces a previously authorized tax levy, except as required by the operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978.

History: 1953 Comp., § 73-30-23, enacted by Laws 1973, ch. 371, § 1; 1995, ch. 224, § 22; 2019, ch. 77, § 3.

Repeals and reenactments. — Laws 1973, ch. 371, § 1, repealed former 73-30-23, 1953 Comp., relating to state support of community colleges, and enacted a new 73-30-23, 1953 Comp.

The 2019 amendment, effective June 14, 2019, provided that the higher education department shall not recommend an appropriation for the branch community college of northern New Mexico college; and in Subsection A, added "except the branch community college of northern New Mexico college".

The 1995 amendment, effective June 16, 1995, designated the formerly undesignated provision as Subsection A; added Subsection B; and, in Subsection A, substituted "commission on higher education" for "board of educational finance" and made minor stylistic changes.

Legislature not bound to appropriate. — None of the actions taken by a local board of education, the board of educational finance, the voters in a local school district or the regents of the university of New Mexico can bind the legislature to an appropriation. 1980 Op. Att'y Gen. No. 80-03.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities § 33.

81A C.J.S. States § 204.