HOUSE JOINT RESOLUTION 22

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Gail Chasey

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF NEW MEXICO TO ESTABLISH THE NUMBER AND QUALIFICATIONS OF MEMBERS OF THE BOARDS OF REGENTS OF THE STATE EDUCATIONAL INSTITUTIONS.

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

     Section 1. It is proposed to amend the constitution of New Mexico by repealing Article 12, Section 13 and enacting a new Article 12, Section 13 to read:

          "A. The legislature shall provide for the control and management of each of the state educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico by a board of regents for each institution.

          B. The board of regents for New Mexico state university, New Mexico institute of mining and technology, eastern New Mexico university, western New Mexico university, New Mexico highlands university and northern New Mexico state school shall consist of seven members nominated, appointed and qualified as provided in Subsection D of this section.

          C. The board of regents for the university of New Mexico shall consist of nine members nominated, appointed and qualified as provided in Subsection D of this section.

          D. For each educational institution enumerated in Subsections B and C of this section:

                (1) one of the members of the board of regents shall be a faculty member of the institution nominated and, with the consent of the senate, appointed by the governor from a list provided by the faculty of the institution; provided that the faculty of each institution shall determine how the faculty list is derived;

                (2) one of the members of the board of regents shall be a student at the institution nominated and, with the consent of the senate, appointed by the governor from a list provided by the president of the institution. The president, in making the list, shall include recommendations of the student body president of the institution; and

                (3) all other members of the board of regents shall be qualified electors of the state, no more than a simple majority of whom at the time of their appointment shall be members of the same political party.

          E. The term of the faculty members of the boards of regents enumerated in Subsections B and C of this section shall be three years; the terms of student members shall be two years; and the terms of appointed members shall be six years.

          F. The boards of regents of the New Mexico military institute, New Mexico school for the deaf and the New Mexico school for the blind and visually impaired shall consist of five members, no more than three of whom at the time of their appointments shall be members of the same political party. The governor shall nominate and by and with the consent of the senate shall appoint the members of each board. The terms of the members of the boards of regents shall be six years.

          G. A vacancy on a board of regents shall be filled in the same manner as the original appointment; provided that the appointment of a person to fill a vacancy shall be only until the expiration of the original term. A member shall not be removed except for incompetence, neglect of duty or malfeasance in office. No removal shall be made without notice of hearing and an opportunity to be heard having first been given the member. The supreme court of New Mexico has exclusive original jurisdiction over proceedings to remove members of the board under such rules as it may promulgate, and its decision in connection with such matters shall be final."

     Section 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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