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 [northern New Mexico college], 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 (As repealed and reenacted November 8, 1960; as amended November 3, 1964 and November 2, 2004.)
Editor’s notes.
Pursuant to Laws 2005, ch. 308, § 2, effective June 17, 2005, northern New Mexico state school is also known as northern New Mexico college.
Effect of amendments.
The 2004 amendment, which was proposed by H.J.R. 5 (Laws 2004) and adopted at the general election held on November 2, 2004, by a vote of 462,144 for and 188,026 against, substituted “the New Mexico school for the blind and visually impaired, at Alamogordo, formerly known as New Mexico school for the visually handicapped” for “the New Mexico school for the visually handicapped, at Alamogordo, formerly known as New Mexico institute for the blind”.
Notes to Decisions
Analysis
State educational institutions.
Generally.
Where a university hospital was the principal teaching hospital of the state university, the hospital was a state educational institution under N.M. Const. art XII § 11 and doctors and staff employed there fell within the exception contained in 38-3-1G NMSA 1978. Clothier v. Lopez, 1985-NMSC-088, 103 N.M. 593, 711 P.2d 870, 1985 N.M. LEXIS 2002 (N.M. 1985).
Construction with other law.
Citing the fact that the university of New Mexico was defined as a “state educational institution” under N.M. Const. art XII § 11, and that 6-3-1 NMSA 1978 defined “state agency” as any department, institution, board, bureau, commission, district or committee of government of the state and meant every office or officer of any of the above, the court stated that it had no doubt that the University of New Mexico, its regents, and the committee on admissions were “arms of the state,” entitled to eleventh amendment immunity. Buchwald v. University of N.M. Sch. of Med., 159 F.3d 487, 1998 U.S. App. LEXIS 26598 (10th Cir. N.M. 1998).
Notice.
Materials supplier’s complaint against sureties for payment of the claims of subcontractors, materialmen, and laborers on a construction project for a state educational institution, which was created under N.M. Const. art XII § 11, was dismissed because a letter notifying the president of the board of regents of the supplier’s claim was not mailed to the board’s official office, where records were required to be kept. Taylor v. Via, 1955-NMSC-047, 59 N.M. 320, 284 P.2d 211, 1955 N.M. LEXIS 1025 (N.M. 1955).
State educational institutions.
University of New Mexico Hospital is a state educational institution and doctors and staff employed there fall within the exception contained in 38-3-1G NMSA 1978 regarding venue in lawsuits against officers and employees of a state educational institution. Clothier v. Lopez, 1985-NMSC-088, 103 N.M. 593, 711 P.2d 870, 1985 N.M. LEXIS 2002 (N.M. 1985).
Title.
Former employee’s Americans with Disabilities Act (ADA) suit against the University of New Mexico’s Board of Regents and its individual members was barred by the Eleventh Amendment because the Board was an arm of the state; the Ex parte Young exception was not triggered by general allegations of the Board members’ responsibility to enforce the ADA, as the Board members were required to act as a body corporate and were not empowered to act individually. Barrett v. Univ. of N.M. Bd. of Regents, 562 Fed. Appx. 692, 2014 U.S. App. LEXIS 7389 (10th Cir. 2014).
Notes to Unpublished Decisions
Construction with other law.
Unpublished decision: Former employee’s Americans with Disabilities Act (ADA) suit against the University of New Mexico’s Board of Regents and its individual members was barred by the Eleventh Amendment because the Board was an arm of the state; the Ex parte Young exception was not triggered by general allegations of the Board members’ responsibility to enforce the ADA, as the Board members were required to act as a body corporate and were not empowered to act individually. Barrett v. Univ. of N.M. Bd. of Regents, 562 Fed. Appx. 692, 2014 U.S. App. LEXIS 7389 (10th Cir. 2014).
OPINIONS OF ATTORNEY GENERAL
Analysis
Authority of regents to set tuition.
Generally.
The specific tuition schedules for institutions of higher education, contained in § 4(K)(19) of the General Appropriations Act, are proper subjects of an appropriations act, since tuition schedules are non-substantive matters which relate and are germane to the setting of appropriations for higher education. 1983-1986 N.M. Op. Att'y Gen. No. 51.
Applicability.
The reasoning of the Court of Appeals in State ex rel. Stratton v. Roswell Indep. Schools, Vol. 30, No. 13, SBB 230 (Ct.App. 1991) does not alter the state law prohibition against a person simultaneously serving in the state legislature and as an employee of a state educational institution. 1991 N.M. Op. Att'y Gen. No. 1991-5.
Application of 22-13-5 NMSA 1978 to the (1) New Mexico school for the visually handicapped; (2) New Mexico school for the deaf; (3) New Mexico military institute; (4) Carrie Tingley crippled children’s hospital; (5) institutions and facilities under the jurisdiction of the secretary of corrections; and (6) children’s psychiatric unit at the University of New Mexico is not prohibited by the New Mexico Constitution. 1983-1986 N.M. Op. Att'y Gen. No. 233.
Appropriations.
The failure of the legislature to fund a branch community college in the amount recommended by the board of educational finance does not have the effect of substantive legislation and does not violate N. M. Const., art. IV, § 16. 1979-1982 N.M. Op. Att'y Gen. No. 108.
Authority of regents to set tuition.
If the governor’s veto of specific tuition schedules for institutions of higher education in the 1985 Act did not revive the 1984 schedules, there was other legal authority, outside the legislative appropriation process, by which tuition levels could be set for the 74th Fiscal Year. Absent a statute setting the tuition schedules, authority to set tuition schedules lies with the boards of regents of the respective institutions, or the Santa Fe community college board, so long as they act in accordance with the specific requirements of law on the subject. 1983-1986 N.M. Op. Att'y Gen. No. 51.
Education.
New Mexico school for the deaf and other state educational institutions confirmed by N.M. Const. art XII § 11 are not public employers “other than the state” for purposes of the Public Employee Bargaining Act. The applicable definitions in the statute indicate the legislature’s intent that state educational institutions be included within the term “state,” and neither the other provisions of the statute nor constitutional principles require deviation from this apparent intent. 1993 N.M. Op. Att'y Gen. No. 1993-5.
Requirements.
State agencies may not open banking accounts for the deposit of public funds without specific statutory authorization to do so; and the deposit of funds in accounts opened by district courts and magistrate courts are not exempt from the deposit restrictions imposed by 6-10-24.1 NMSA 1978. 1983-1986 N.M. Op. Att'y Gen. No. 88.