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

SPONSOR Garcia, M.H.

ORIGINAL DATE

LAST UPDATED

2/12/07

2/28/07 HB HJR 10/aHJC

SHORT TITLE School Board Recall Election Voters, CA

SB

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 146, SJR 18, SB 928

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Education Department (PED)

SUMMARY

Synopsis of HJC Amendment

House Judiciary Committee amendment requires that a petition and vote by the voters of the school

district must be conducted for the recall of any elected local school board member.

Synopsis of Original Bill

House Joint Resolution 10,

School Board Recall Election Voters, amends Article 12, Section 14 of the

constitution to identify the following criteria for an elected local school board member to be subject to a

recall by the voters of the school district:

1.

A member elected from a single-member district, only the voters of that single-

member district may vote to recall the member; or

2.

A member elected at large from the school district, the voters of the school district

may vote to recall that member.

House Joint Resolution 10/aHJC – Page

2

SIGNIFICANT ISSUES

The Public Education Department states that as this is a resolution to submit a proposed

amendment to the New Mexico Constitution at the next general election, the proposed change

could only take effect if the public votes in favor of it. Should the amendment be voted for in the

affirmative, it would limit who can vote to recall school board members.

The change proposed by this bill would represent a departure from the current language at

Article XII, Section 14 of the New Mexico Constitution, which provides, “Any elected local

school board member is subject to recall by the voters of the school district from which elected."

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

This joint resolution relates to HB 146, School Board Recall Petitions & Elections, SJR 18,

Albuquerque School Board Election, and SB 928, Election of Certain School District Boards.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The proposed constitutional amendment will not be submitted to the public at the next general

election.

EO/mt