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.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Foley

 

DATE TYPED:

2/21/03

 

HB

581

 

SHORT TITLE:

Student Athlete College Entrance Requirements

 

SB

 

 

 

ANALYST:

L. Baca

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

LFC files

 

Responses Received From

Commission on Higher Education (CHE)

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 581 establishes in statute that boards of regents and boards of governors at certain post-secondary institutions shall not fix the standard of requirements for admission or ongoing academic eligibility for student athletes at a level greater than those of student athletes in a college or university in an athletic conference in which the respective state educational institution participates, or higher than in a national association in which the state educational institution participates if it is not a member of an athletic conference.

 

     Significant Issues

 

HB 581 names the following institutions:

 

The University of New Mexico

New Mexico State University

New Mexico Highlands University

Western New Mexico University

Eastern New Mexico University           

New Mexico Military Institute

New Mexico Institute of Mining and Technology

Northern New Mexico State School

New Mexico Junior College

 

ADMINISTRATIVE IMPLICATIONS

 

If enacted, this bill could have administrative implications for each of the institutions listed.

When surveyed by CHE regarding the impact of this bill, athletic directors at the respective institutions indicated institutions could comply with the provisions of law, but questioned whether capping maximum entrance requirements would compromise an institution’s efforts to improve the graduation rate of student athletes.  This could require evidence of ability to balance both college-level work and the time demands of inter-collegiate athletics.

 

TECHNICAL ISSUES

 

HB 581 conflicts with Section 21-1-1.A. NMSA 1978 which stipulates that boards of regents at New Mexico State University, New Mexico Institute of Mining and Technology and the New Mexico Military Institute shall determine and fix standards of admission for their respective institutions.

 

OTHER SUBSTANTIVE ISSUES

 

If enacted, this bill could be in violation of federal law by requiring two sets of admission.  Moreover, boards of regents of post-secondary institutions, other than those named in 22-1-1A, have traditionally set admission requirements.

 

POSSIBLE QUESTIONS

 

1.                  Will this be in violation of any federal statutes?

2.                  If this bill is signed into law, will any New Mexico statutes have to be amended?

3.                  Do you know whether other states are considering this type of legislation?

4.                  Have you received any reaction from representatives from the institutions affected?

5.                  How would enacting this bill help student athletes?

6.                  Has any inter-collegiate conference gone on record supporting this type of legislation?  Opposing this type of legislation?

 

LRB/ls