44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO AREA VOCATIONAL SCHOOLS; REQUIRING SINGLE-MEMBER ELECTION DISTRICTS FOR AREA VOCATIONAL SCHOOL BOARD ELECTIONS.

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

Section 1. Section 21-17-4 NMSA 1978 (being Laws 1967, Chapter 177, Section 4, as amended) is amended to read:

"21-17-4. DESIGNATION AS AN AREA VOCATIONAL SCHOOL BY THE STATE BOARD--BOARD ELECTIONS--SINGLE-MEMBER DISTRICTS.--

A. Upon receipt and examination of the plan and supporting evidence, the state board shall conduct hearings, investigate records and procure such other information relating to vocational training as it deems necessary and appropriate.

B. If the state board finds that the plan provides an adequate, broad vocational and technical educational program, serves sufficient students for an economical operation, provides for adequate financing and sensibly relates to a statewide pattern for development of vocational and technical education, the state board may approve the plan.

C. After approval by the state board of the plan, the area vocational high school shall be officially designated by the state board as an area vocational school, shall be operated in accordance with provisions in the state plan for vocational education and shall meet all other requirements of an accredited school.

D. [At the first area vocational school board election, members of the board elected to positions 1, 3 and 5 shall be elected for terms ending February 28, 1989 and members elected to positions 2 and 4 shall be elected for terms ending February 28, 1991. Thereafter, each board member shall be elected for a term of four years. The] Board elections shall be conducted pursuant to the provisions of the Election Code and shall be held in the same manner and at the same time as regular school district elections on the first Tuesday in February of each odd-numbered year [beginning with the election to be held in February of 1987]. No later than the election to be held in February, 2001, the board shall provide for single-member election districts, and members of the board shall reside in and be elected from single-member districts as provided in this section. The board shall divide the area vocational school district into five election districts numbered 1 through 5, which shall constitute the single member districts. At the first election in which single member districts are in effect, board members shall be elected for all five positions on the board, with members elected to positions 1, 3 and 5 elected for initial terms of two years and members elected to positions 2 and 4 elected for initial terms of four years. After that initial election, board members shall be elected for a term of four years.

E. Once following each federal decennial census, the board shall redistrict to ensure that the districts remain as equal in population as practicable. The new districts shall go into effect at the first regular board election thereafter. Candidates for the new single-member districts that are scheduled to be voted on at the election shall reside in and be elected from the appropriate new single-member district. Incumbent board members whose districts before redistricting were not scheduled to be voted on at the election need not reside in the new single-member districts corresponding to their position numbers and may serve out their terms. At the second regular board election held after the redistricting, all candidates for the new single-member districts that are scheduled to be voted on shall reside in and be elected from the appropriate single-member district.

F. All election districts covered by this section shall be contiguous, compact and as equal in population as is practicable.

[E.] G. A vacancy occurring on the board shall be filled in the same manner as provided for school board vacancies in Section 22-5-9 NMSA 1978; provided that if a vacancy occurs in an election district where a nonresident board member had been serving the vacancy shall be filled with a resident of that district.

[F.] H. A member of the board may be recalled pursuant to the provisions of the Local School Board Member Recall Act, except that a recall election may be held only at the same time as a regular school district election."