SENATE BILL 173

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Gay G. Kernan

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO HIGHER EDUCATION; PLACING A MORATORIUM ON EDUCATIONAL SITES OR BUILDINGS AT NEW MEXICO PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS.

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

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

     "[NEW MATERIAL] PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS--MORATORIUM ON NEW BUILDINGS.--

          A. Between January 1, 2011 and January 1, 2017, there shall be no new educational sites or new buildings constructed or opened by an institution of higher education specified in Article 12, Section 11 of the constitution of New Mexico, including a branch of the institution, unless the site or construction or its opening received final approval by the higher education department and was funded prior to January 1, 2011 or unless the higher education department and the state board of finance certify that a particular building must be replaced because of serious health and safety concerns or built because of significant enrollment growth. In no event shall an institution of higher education build, renovate or occupy any building at a location that did not exist prior to January 1, 2011 as an established location at which the institution's students were taught.

          B. Between January 1, 2011 and January 1, 2017, there shall be no new educational sites or new buildings constructed or opened by an independent community college or technical-vocational institute for which the community college or technical-vocational institute expects to receive any state funding through the funding formula for operations, including building and equipment replacement funding, or for capital outlay funded by the legislature during or after the moratorium unless the site was established or building was begun prior to January 1, 2011 or unless the higher education department and the state board of finance certify that a particular building must be replaced because of serious health and safety concerns or built because of significant enrollment growth."

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