SENATE BILL 412

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO HIGHER EDUCATION; REQUIRING CERTAIN EDUCATIONAL INSTITUTIONS TO SHARE PHYSICAL FACILITIES FOR INSTRUCTIONAL PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 21, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] REQUESTS TO SHARE PHYSICAL FACILITIES.--

          A. Educational institutions shall share physical facilities for instructional purposes whenever it is reasonably feasible to do so.

          B. An educational institution requesting permission of another educational institution to use the other educational institution's physical facilities for instructional purposes shall state with specificity the extent and timing of the proposed instructional use.

          C. After receiving a request for the use of its physical facilities by another educational institution, the chief operating officer of the requested educational institution shall respond to the request in writing within ninety days of receipt of the request.

          D. The requested educational institution may grant the request for the use of its physical facilities and may impose reasonable conditions, or it may deny the request. If the request is granted with conditions or is denied, the chief operating officer of the requested educational institution shall state with particularity the reasons for the conditions or the denial.

          E. If an educational institution's request for the use of another educational institution's physical facilities is denied, or if a requesting educational institution objects to conditions imposed upon the use of another educational institution's physical facilities, the requesting educational institution may appeal the decision to the secretary of higher education.

          F. After receiving an appeal concerning a request for the use of its physical facilities by another educational institution, the secretary of higher education shall, within ninety days of receiving the appeal, issue a decision regarding the appeal and shall state with particularity the reasons for the secretary's decision.

          G. The secretary of higher education shall have the authority to require educational institutions to share physical facilities for instructional purposes pursuant to this section.

          H. As used in this section:

                (1) "chief operating officer" means the president, chief executive officer or chief academic officer of the educational institution; and

                (2) "educational institution" means the educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico and their branch campuses."

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