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Bill > SB266


NM SB266

NM SB266
Higher Ed. Agreement Approval & Review


summary

Introduced
02/03/2025
In Committee
Crossed Over
Passed
Dead
03/22/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT RELATING TO HIGHER EDUCATION; PROVIDING FOR REVIEW AND APPROVAL BY THE STATE BOARD OF FINANCE FOR CERTAIN QUALIFYING AGREEMENTS WITH ADMINISTRATORS FOR STATE EDUCATIONAL INSTITUTIONS OR COMMUNITY COLLEGES; PROVIDING FOR REVIEW AND APPROVAL BY THE ATTORNEY GENERAL FOR RELEASE AND INDEMNIFICATION TERMS OF CERTAIN QUALIFYING AGREEMENTS WITH ADMINISTRATORS FOR STATE EDUCATIONAL INSTITUTIONS OR COMMUNITY COLLEGES; REQUIRING ANNUAL REPORTS REGARDING REVIEWED QUALIFYING AGREEMENTS BY THE STATE BOARD OF FINANCE TO THE ATTORNEY GENERAL; CREATING A CIVIL CAUSE OF ACTION AGAINST A BOARD OF REGENTS OR A COMMUNITY COLLEGE GOVERNING BOARD OR A MEMBER OF THOSE BOARDS FOR A BREACH OF A FIDUCIARY DUTY; REQUIRING BOARDS OF REGENTS OR COMMUNITY COLLEGE GOVERNING BOARDS TO SECURE SEPARATE COUNSEL IN THE EVENT OF A BOARD MEMBER'S BREACH OF FIDUCIARY DUTY ACTION.

AI Summary

This bill, known as the "Higher Education Accountability Act," establishes a comprehensive oversight framework for administrator agreements at state educational institutions and community colleges. The bill requires all qualifying agreements (such as employment, performance, retention, separation, or settlement contracts) exceeding five years or with total compensation more than ten times the lowest-paid full-time employee's compensation to be reviewed by the State Board of Finance. The Board will evaluate these agreements to prevent financial waste and ensure fiscally responsible terms. Additionally, the bill mandates that any agreements with release of liability or indemnification clauses must be separately reviewed by the Attorney General. The legislation creates a new civil cause of action allowing the Attorney General to sue board members or administrators for breach of fiduciary duty, with potential remedies including enjoining actions, compelling performance, ordering reimbursement, or impounding public funds. The bill also introduces annual reporting requirements for institutions, detailing administrator compensation and agreement specifics, with the State Board of Finance required to submit a comprehensive review report. These provisions aim to increase transparency, accountability, and responsible financial management in higher education administrative agreements, with an effective date of July 1, 2025.

Committee Categories

Education

Sponsors (2)

Last Action

Senate Education Committee (09:00:00 2/17/2025 Room 311) (on 02/17/2025)

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