This rule was filed as 5 NMAC 3.8.

TITLE 5 POST-SECONDARY EDUCATION

CHAPTER 3 POST-SECONDARY EDUCATION INSTITUTION FINANCES

PART 8 EDUCATIONAL TELEVISION EQUIPMENT REPLACEMENT FUND

5.3.8.1 ISSUING AGENCY: State of New Mexico Commission on Higher Education, 1068 Cerrillos Road, Santa Fe, New Mexico 87501-4295, (505) 827-7383.

[7-1-98; Recompiled 10/31/01]

5.3.8.2 SCOPE: The three publicly funded educational television stations operating within and receiving financial support from the state of New Mexico; KENW (Portales), KNME (Albuquerque), and KRWG (Las Cruces).

[7-1-98; Recompiled 10/31/01]

5.3.8.3 STATUTORY AUTHORITY: Authority for 5 NMAC 3.8 [now 5.3.8 NMAC] is found in NMSA 1978 Section 21-1-34.

[7-1-98; Recompiled 10/31/01]

5.3.8.4 DURATION: Permanent.

[7-1-98; Recompiled 10/31/01]

5.3.8.5 EFFECTIVE DATE: July 1, 1998 [unless a later date is cited at the end of a section].

[7-1-98; Recompiled 10/31/01]

5.3.8.6 OBJECTIVE:

A. The objective of 5 NMAC 3.8 [now 5.3.8 NMAC] is to provide a mechanism for equitable disbursement of yearly appropriations to the educational television equipment replacement fund.

B. The purpose of 5 NMAC 3.8 [now 5.3.8 NMAC] is to equitably distribute available funds among the three educational television stations operating within and receiving financial support from the state of New Mexico; KENW (Portales), KNME (Albuquerque), and KRWG (Las Cruces).

[7-1-98; Recompiled 10/31/01]

5.3.8.7 DEFINITIONS:

A. "Eligible equipment" means the broadcast equipment of the three educational television stations operating within and receiving financial support from the state of New Mexico; KENW (Portales), KNME (Albuquerque), and KRWG (Las Cruces), with a replacement cost of over $10,000.

B. "Useful life" means the amortization schedule of the internal revenue service (IRS) used by public New Mexico colleges and universities for equipment replacement purposes.

[7-1-98; Recompiled 10/31/01]

5.3.8.8 DISBURSEMENT CRITERIA:

A. Process to inform: The educational television stations will submit equipment inventories to the commission on higher education on September 15th of each year. These inventories will contain detailed listings of eligible equipment showing the useful life of the equipment.

B. Recommendations: Based on these inventories, and the equipment scheduled to be replaced, the commission on higher education will annually make a recommendation to the legislature regarding appropriations to the educational television replacement fund.

C. Disbursement: Upon receipt of the appropriation, the commission on higher education will make an equitable disbursement of the funds, corresponding to the previously submitted inventories from the three educational television stations operating in the state of New Mexico; KENW (Portales), KNME (Albuquerque), and KRWG (Las Cruces).

[7-1-98; Recompiled 10/31/01]

History OF 5.3.8 NMAC:

Pre NMAC History: The material in this Part was derived from that previously filed with the State Records Center and Archives under:

BEF Rule 420, Educational Television Equipment Replacement Fund, 2-27-85.

History of Repelaed Material: [RESERVED]