NOTE: As provided in LFC policy, this report is
intended only for use by the standing finance committees of the
legislature. The Legislative Finance Committee does not assume
responsibility for the accuracy of the information in this report when used for
other purposes.
The most recent FIR
version (in HTML & Adobe PDF formats) is available on the Legislative
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obtained from the LFC in Suite 101 of the State Capitol Building North.
|
SPONSOR: |
Stewart |
DATE
TYPED: |
2/4/03 |
HB |
79 |
||
|
SHORT
TITLE: |
School
Board Campaign Finance Reporting |
SB |
|
||||
|
|
ANALYST: |
Chavez |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated Additional
Impact |
Recurring or Non-Rec |
Fund Affected |
||
|
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
NFI |
NFI |
|
|
|
|
|
|
|
|
|
|
|
(Parenthesis ( ) Indicate
Expenditure Decreases)
Secretary
of State (SOS)
New
Mexico State Department of Education (SDE)
LFC
Files
SUMMARY
Synopsis of Bill
House Bill 79 creates the “School Board Campaign
Finance Reporting Act.” House Bill 79 proposes to establish campaign finance
reporting requirements for school board elections and provides for enforcement
penalties.
Significant Issues
The Act
applies to individuals who have filed declarations of candidacy for positions
on local school boards and governing boards of technical and vocational
institutes, area vocational institutes, community colleges and branch community
colleges. The Act a) establishes campaign reporting
requirements; b) excludes certain candidates from reporting; c) establishes
requirements for the content of reports of contributions and expenditures; d)
prescribes limitations on the use of campaign contributions; and e) sets forth
provisions for enforcement and penalties.
FISCAL
IMPLICATIONS
The bill contains no appropriation. The State Department of Education (SDE)
indicates that this Act does not appear to cause any direct fiscal impact for
local school districts.
ADMINISTRATIVE
IMPLICATIONS
The Act provides that if a candidate violates
the provisions of the Act and is elected to a school board, that person shall
not serve on the board or participate in school board meetings until the person
satisfies the reporting requirements and pays all penalties owed. The SDE indicates that this provision may
negatively impact a local school board’s ability to conduct its business.
TECHNICAL
ISSUES
The
SDE indicates the Act is unclear whether the provisions of the Act (which indicate that a person would not serve
on the board or participate in school board meetings until the person satisfies
the reporting requirements and all penalties owed are paid) would result in a
vacancy in the membership of the local school board for purposes of the Public
School Code and, if so, whether the filling of the vacancy in the manner
prescribed by the Public School Code would result in the removal of the member.