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:

Adair

 

DATE TYPED:

2/24/03

 

HB

 

 

SHORT TITLE:

Consideration of Boards of Regents Nominees

 

SB

SR 1

 

 

ANALYST:

Chavez

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

NFI

NFI

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

LFC Files

 

SUMMARY

 

     Synopsis of Bill

 

Senate Resolution 1 proposes to suspend the consideration of nominees to boards of regents until the Governor terminates the practice of demanding the resignations of the nominees as a condition of their nominations and nullifies the letters of resignation that he has demanded of his nominees.  Additionally, Senate Resolution 1 proposes that the senate rules committee be prohibited, both during legislative sessions and in the interim, from conducting confirmation hearings on nominees to boards of regents until the governor so notifies the senate of the discontinuation of the above practice.

 

     Significant Issues

 

The required submission of undated letters of resignation nullifies the benefits and protections of staggered terms articulated by the Supreme Court of New Mexico in Denish v. Johnson.  The benefits noted in this opinion include:

 

  1. the preservation of continuity in the public entity;
  2. the isolation of the public entity as a whole from being manipulated for political reasons;
  3. the promotion of creative tension between new appointees an appointees of a prior administration; and
  4. the promotion of  institutional memory by assuring that older appointees have the opportunity to pass on important knowledge and experience to newer appointees.

 

FISCAL IMPLICATIONS

 

There is no appropriation contained in this bill.

 

FC/yr