HOUSE JOINT RESOLUTION 4

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Jeff Steinborn

A JOINT RESOLUTION

PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR NOMINATING COMMITTEES FOR ALL APPOINTED AND REAPPOINTED MEMBERS OF BOARDS OF REGENTS OF STATE EDUCATIONAL INSTITUTIONS.

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

     SECTION 1. It is proposed to amend Article 12, Section 13 of the constitution of New Mexico to read:

          "A. The legislature shall provide for the control and management of each of the institutions, except the university of New Mexico, by a board of regents for each institution, consisting of five members, four of whom shall be qualified electors of the state of New Mexico, one of whom shall be a member of the student body of the institution and no more than three of whom at the time of their appointment shall be members of the same political party; provided, however, that the student body member provision in this subsection shall not apply to the New Mexico school for the deaf, the New Mexico military institute or the New Mexico school for the blind and visually impaired, and for each of those three institutions all five members of the board of regents shall be qualified electors of the state of New Mexico.

          B. The governor shall nominate from a list provided by a nominating committee established by law and by and with the consent of the senate shall appoint the members of each board of regents for each of the institutions. The terms of nonstudent members shall be for staggered terms of six years, and the terms of student members shall be two years.

          C. The governor shall select, with the advice and consent of the senate, a student member from a list provided by a nominating committee established by law and from a list provided by the president of the institution. In making the list, the president of the institution shall give due consideration to the recommendations of the student body president of the institution. [Following the approval by the voters of this 2014 amendment and] Upon the first vacancy of a position on the northern New Mexico state school board of regents, the governor shall nominate and by and with the consent of the senate shall appoint a student member to serve a two-year term.

          D. The legislature shall provide for the control and management of the university of New Mexico by a board of regents consisting of seven members, six of whom shall be qualified electors of the state of New Mexico, one of whom shall be a member of the student body of the university of New Mexico and no more than four of whom at the time of their appointment shall be members of the same political party. The governor shall nominate from a list provided by a nominating committee established by law and by and with the consent of the senate shall appoint the members of the board of regents. The present five members shall serve out their present terms. The two additional members shall be appointed in 1987 for terms of six years. Following the approval by the voters of this amendment and upon the first vacancy of a position held by a nonstudent member on the university of New Mexico's board of regents, the governor shall nominate and by and with the consent of the senate shall appoint a student member to serve a two-year term. The governor shall select, with the advice and consent of the senate, a student member from a list provided by the president of the university of New Mexico. In making the list, the president of the university of New Mexico shall give due consideration to the recommendations of the student body president of the university.

          E. Members of the board shall not be removed except for incompetence, neglect of duty or malfeasance in office. Provided, however, no removal shall be made without notice of hearing and an opportunity to be heard having first been given such member. The supreme court of the state of New Mexico is hereby given 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.

          F. No member of a board of regents shall be reappointed except pursuant to the provisions of this section.

          G. Nominating committees shall be established by law to provide lists of names for appointments for members of the board by the governor to each board of regents of the state educational institutions enumerated in Article 12, Section 11 of this constitution. Each nominating committee shall include members of the faculty and student body of the educational institution and members of the community where the educational institution resides. The legislature shall provide by law for the appointment, terms, powers and duties of the nominating committees; provided that no more than fifty percent of the nominating committee shall be members of the same political party."

     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.