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

SPONSOR Jennings

ORIGINAL DATE

LAST UPDATED

02/18/07

03/11/07 HB

SHORT TITLE Community College Board Member Elections

SB 984/aHFl

ANALYST Williams

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total Minimal

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Higher Education Department (HED)

New Mexico Independent Community Colleges

SUMMARY

Synopsis of HFl Amendment

House Floor Amendment #1 to Senate Bill 984 deletes the term “governing" to read “A. The

branch community college board of a branch community college may, by adoption of a

resolution, establish a board…"

Synopsis of Original Bill

Senate Bill 984 would authorize the board of a two-branch branch campus to establish a new

Senate Bill 984/aHFl – Page

2

governing board. The governing board would have five members who would be elected to

staggered terms from single-member districts within the branch community college districts.

These districts must be compact and contiguous and composed of relatively equal populations.

The board may adopt a resolution for the districts to coincide with the county commission

districts if the county commission has five districts and the boundaries of the county and branch

community college district are identical. Board members must reside in the districts from which

they are elected. The board may redistrict one time after each federal decennial census.

FISCAL IMPLICATIONS

The bill does not include an appropriation.

SIGNIFICANT ISSUES

This legislation would create a third option for the structure of a branch community college

board. First, 21-14-2 NMSA 1978 provides that the local public school board or multiple public

school boards may constitute the board of a community college that is a branch of a university.

As well, 21-14-2.2 provides that a five-member board elected at large may serve as the board.

HED notes the legislation “does not address the implications of the parent institutions’ oversight

of branch community colleges with a separate governing board. Branch campuses are governed

by the board of regents of the parent institution. Moreover, the boards that are currently in place

for branch campuses (whether elected or identified through some other means) serve exclusively

in an advisory role. The branch campuses derive their authority from the parent institutions’

board of regents for all matters of policy and governance. This bill could affect the established

policy authority of parent institutions’ over branch community college governance."

HED continues to discuss the current role of branch community college boards as advisory to the

boards of regents of parent institutions. In contrast, HED notes under this legislation “governing

board members of the branch community colleges would serve as the administrative and fiscal

entities of the branches."

ADMINISTRATIVE IMPLICATIONS

There may be minimal additional costs associated with new elections in multiple board districts.

TECHNICAL ISSUES

What would happen when the new option for a districted board was implemented if two or more

of the existing board members lived in a single district. Would they continue to serve until their

original terms expired.

OTHER SUBSTANTIVE ISSUES

The Community College Act provides options for election of the college board on an at large

basis (21-13-8 NMSA 1978) or from single member district (21-13-8.1 NMSA 1978).

AW/nt