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 Laws 2003, ch. 153, § 73 repealed 22-10-3.5 NMSA 1978, effective April 4, 2003.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".
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