A. The commission on higher education [higher education department] shall recommend an appropriation for each off-campus instruction program based upon its financial requirements in relation to its authorized program and its available funds from non-general fund sources.

B. The commission on higher education [higher education department] shall not recommend an appropriation greater than three hundred twenty-five dollars ($325) for each full-time-equivalent student for any off-campus instruction program that levies a tax at a rate less than two dollars ($2.00), 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 two dollars ($2.00) 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 off-campus board 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: Laws 1982, ch. 42, § 8; 1995, ch. 224, § 23.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 2003, ch. 153, § 73 repealed 22-10-3.5 NMSA 1978, effective April 4, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.

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".