SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 173

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

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 July 1, 2011 and January 1, 2017, there shall be no new educational buildings constructed or opened at any location 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 construction or opening of the building meets one or more of the following conditions:

                (1) it was the result of a project that received final approval by the higher education department and was funded prior to January 1, 2011;

                (2) it is a research or similar facility that receives no state funds for construction or building renewal and replacement;

                (3) it is a dormitory, student union or other student services building for which the institution does not receive state funds for construction or renewal and its operations are not funded through the higher education funding formula, including building renewal and replacement funding;

                (4) the institution demonstrates that the facility will not require any state funding through the funding formula for operations or for capital outlay funded by the legislature during the moratorium; or

                (5) 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.

          B. In no event shall an institution of higher education build, renovate or occupy any building at a location or address that prior to January 1, 2011 was not an established location or address at which the institution's students were taught.

          C. Between July 1, 2011 and January 1, 2017, there shall be no new educational buildings constructed or opened at any location 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 renewal and replacement funding, or for capital outlay funded by the legislature unless:

                (1) the construction was begun prior to January 1, 2011;

                (2) it is a workforce training center for customized training as provided in the Workforce Training Act; or

                (3) 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."

- 3 -