HOUSE BILL 396

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Susan K. Herrera and Raymundo Lara and Christine Trujillo

 

 

 

 

 

AN ACT

RELATING TO LOCAL SCHOOL BOARDS; INCREASING TERMS TO SIX YEARS.

 

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

     SECTION 1. Section 22-4-14 NMSA 1978 (being Laws 1967, Chapter 16, Section 25, as amended) is amended to read:

     "22-4-14. REGULAR SCHOOL DISTRICT ELECTION--TERM OF OFFICE.--If the interim local school board calls for the election of members to the local school board of a newly created or consolidated school district at a regular school district election, the terms of office of the members elected shall be as [follows:

          A. three members shall be elected for terms of two years; and

          B. two members shall be elected for terms of four years] provided in Section 22-5-8 NMSA 1978."

     SECTION 2. Section 22-5-3.1 NMSA 1978 (being Laws 1981, Chapter 302, Section 1, as amended) is amended to read:

     "22-5-3.1. LOCAL SCHOOL BOARDS--REVERSION TO FIVE MEMBERS.--

          A. Any seven-member local school board of a school district in the state may by resolution provide for the local school board of that school district to be composed of five qualified electors of the state who reside within the school district.

          B. If the resolution specified in Subsection A of this section is adopted, the existing local school board at the first election at which the terms of three members expire shall by lot:

                (1) eliminate two positions if the next succeeding election is one at which the terms of two members expire;

                (2) eliminate two positions if the next succeeding election is one at which the term of one member expires, and at the next election at which the terms of three members expire designate one position for a [two-year] four-year term; provided that thereafter all terms shall be [four-year] six-year terms; or

                (3) eliminate two positions if the next succeeding election is one at which the terms of three members expire, and at the succeeding election designate one position for a [two-year] four-year term; provided that thereafter all terms shall be [four-year] six-year terms.

          C. Any resolution adopted pursuant to the provisions of this section shall be effective thirty days after its adoption unless a petition signed by the qualified electors of the school district in a number equal to at least twenty percent of all voters in the school district voting at the last regular school board election is presented to the local school board on or before the thirtieth day asking that an election be held on the question of decreasing the membership of the local school board to five members.

          D. Upon receipt and verification of the petition, the local school board shall within thirty days call a special election to vote upon the question of decreasing the membership of the local school board in that school district to five members.

          E. If the voters of the school district approve the decrease in the local school board's membership to five members, the resolution shall be in effect, and the elimination of two members at subsequent elections as provided in Subsection B of this section shall be valid."

     SECTION 3. Section 22-5-8 NMSA 1978 (being Laws 1967, Chapter 16, Section 31, as amended) is amended to read:

     "22-5-8. TERM OF OFFICE.--

          A. The full term of office of a member of a local school board shall be [four] six years [succeeding the member's election to office at a regular local election held pursuant to the Local Election Act]; provided that at least one hundred days before the 2023 local election, the secretary of state shall decide by lot the term of office of each local school board position to be elected at the 2023 election so that:

                (1) for five-member boards, the initial terms of members shall be as follows:

                     (a) two positions shall be for two years;

                     (b) two positions shall be for four years; and

                     (c) one position shall be for six years; and

                (2) for seven-member boards, the initial terms of members shall be as follows:

                     (a) three positions shall be for two years;

                     (b) three positions shall be for four years; and

                     (c) one position shall be for six years.

          B. Any member of a local school board whose term of office has expired shall continue in that office until a successor is elected and qualified."

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