45th legislature - STATE OF NEW MEXICO - first session, 2001

PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 13 OF THE CONSTITUTION OF NEW MEXICO TO CHANGE THE NUMBER AND THE METHOD OF SELECTING MEMBERS OF THE BOARDS OF REGENTS OF STATE EDUCATIONAL INSTITUTIONS; PROVIDING FOR BOTH GUBERNATORIAL APPOINTMENT AND ELECTION TO THE BOARDS; RESTRICTING CHANGES IN POLITICAL PARTY AFFILIATION DURING CERTAIN PERIODS BY CANDIDATES FOR APPOINTMENT TO BOARDS OF REGENTS.

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 [said] the institutions [except the university of New Mexico] specified in Article 12, Section 11 of the constitution of New Mexico by a board of regents for each institution. [consisting] Each board shall consist of [five] seven members, [four] six of whom shall be qualified electors of the state of New Mexico and 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 requirement for a student body member [provision in this section shall] does not apply to the New Mexico school for the deaf, the New Mexico military institute, the northern New Mexico state school or the New Mexico school for the visually handicapped [and]. For each of those four institutions all [five] seven members of the board of regents shall be qualified electors of the state [of New Mexico].

B. The governor shall nominate and by and with the consent of the senate shall appoint [the] three members of each board of regents for each of [said] the institutions, and shall appoint, within the three members appointed, the student member, if there is a student-member seat on the particular board. He shall not appoint more than two members who are of the same political party. The terms of [said] the appointed nonstudent members [shall be for] are six years, [provided that of the five first appointed the terms of two shall be for two years, the terms for two shall be for four years and the term of one shall be for 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 each eligible institution'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] and the terms of the student members are two years. Incumbent board members serving at the time of approval of this amendment shall serve for the terms for which they were appointed except as otherwise provided in this subsection. The governor shall appoint persons to fill the first two terms expiring on boards that include a student member and the first three terms expiring on boards that do not include a student member. The terms of the incumbent fourth and fifth members shall terminate upon certification of the results of the 2004 general election.

C. The governor shall [select] appoint, with the advice and consent of the senate, [a] the student member 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. [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 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.]

D. At the 2004 general election four members of the board of regents shall be elected on a nonpartisan basis with one member running in and being elected from each of the three congressional districts in the state and one member being elected from the state at-large. In the first election, the term of the at-large position shall be six years and the terms of the other three positions shall be one two-year term and two four-year terms, to be designated by drawing prior to the date that declarations of candidacy for those positions must be filed. Thereafter, members shall be elected for six- year terms. A vacancy occurring in an elected board member position shall be filled by appointment by the governor of a person to serve for the unexpired term. If the position is a congressional district position, the person appointed shall be a resident of that district.

E. Members of the board of regents 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] the member. The supreme court [of the state of New Mexico is hereby given] 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] removal matters [shall be] is final.

F. A person is not eligible for appointment to a board of regents if he has changed his major party affiliation subsequent to the immediately preceding general election."

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 which may be called for that purpose.