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:

Begaye

 

DATE TYPED:

03/05/03

 

HB

HJR 23

 

SHORT TITLE:

Boards of Regents Tribal Representative

 

SB

 

 

 

ANALYST:

Williams

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Relates to SR 1

SJR 18/HJR 22

 

SOURCES OF INFORMATION

 

LFC Files

Commission on Higher Education (CHE)

Office of the Attorney General

 

SUMMARY

 

     Synopsis of Bill

 

House Joint Resolution 23 proposes an amendment to the Article 12, Section 13 of the State Constitution to authorize at least one member of the Board of Regents of New Mexico State University and the University of New Mexico be a member of an Indian nation, tribe or pueblo located in New Mexico.  The amendment would be subject to voter approval at the next general election or special election called for that purpose.

 

     Significant Issues

 

Current requirements for appointment of the five members of the Board of Regents at New Mexico State University by the Governor with confirmation of the Senate:

  • Four must be qualified electors of the state
  • No more than three may be members of the same political party at the time of appointment
  • One member must be a student

 

Current requirements for appointment of the seven members of the Board of Regents at the University of New Mexico by the Governor with confirmation by the Senate:

 

  • Six must be qualified electors of the state
  • No more than four may be members of the same political party at the time of appointment
  • One member must be a student

 

The Office of the Attorney General notes: 

 

“This amendment could be challenged as a violation of the Equal Protection Clauses of the Constitutions of the United States and of New Mexico.  N.M. Const., art. II, §18; see Tafoya v. City of Albuquerque, 751 F. Supp. 1527 (D.N.M. 1990) (memorandum opinion).  If deemed a racial classification (rather than political), such challenge would ask whether the state has a compelling governmental interest to justify the classification (e.g., remedy past discrimination), and whether the state's means chosen to effectuate its purpose are narrowly tailored to promoting that interest. 

 

Other statutes which designate specific tribal representation in membership include: §28-12-4 (Commission on Indian Affairs shall consist of three Pueblo Indians, three Navajo Indians, and two Apache Indians); and §28-19-1(C)(Martin Luther King, Jr. Commission shall comprised of thirteen members, one of which shall be a native American appointed by the New Mexico Office of Indian Affairs).”

 

FISCAL IMPLICATIONS

 

No fiscal impact, if a separate election is not called.

 

AW/njw