SENATE JOINT RESOLUTION 8

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Jeff Steinborn

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 12, SECTION 13 OF THE CONSTITUTION OF NEW MEXICO TO INCREASE AND MAKE UNIFORM THE NUMBER OF MEMBERS OF BOARDS OF REGENTS OF INSTITUTIONS OF HIGHER EDUCATION AND TO DECREASE THEIR TERMS OF OFFICE.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. It is proposed to amend Article 12, Section 13 of the constitution of New Mexico to read:

          "A. The legislature shall provide for the control and management of each of the institutions [except the university of New Mexico] of higher education by a board of regents for each institution, consisting of [five] seven members, [four] five of whom shall be qualified electors of the state of New Mexico, one of whom shall be a faculty member of the institution, one of whom shall be a member of the student body of the institution and no more than [three] four of whom at the time of their appointment shall be members of the same political party [provided, however, that the student body member provision in this subsection shall not apply to].

          B. The New Mexico school for the deaf, the New Mexico military institute [or] and the New Mexico school for the blind and visually impaired [and for each of those three institutions all] shall have five members of [the board] their boards of regents, all of whom shall be qualified electors of the state of New Mexico.

          [B.] C. The governor shall nominate and by and with the consent of the senate shall appoint the members of each board of regents for each of the institutions. The terms of nonstudent members shall be for staggered terms of [six] four years, and the terms of student members shall be two years.

          [C.] D. The governor shall select, with the advice and consent of the senate, a student member from a list provided by the president of the institution of higher education. In making the list, the president of the institution shall give due consideration to the recommendations of the student body president of the institution. [Following the approval by the voters of this 2014 amendment and upon the first vacancy of a position on the northern New Mexico state school board of regents, the governor shall nominate and by and with the consent of the senate shall appoint a student member to serve a two-year term.

          D. The legislature shall provide for the control and management of the university of New Mexico by a board of regents consisting of seven members, six of whom shall be qualified electors of the state of New Mexico, one of whom shall be a member of the student body of the university of New Mexico and no more than four of whom at the time of their appointment shall be members of the same political party. The governor shall nominate and by and with the consent of the senate shall appoint the members of the board of regents. The present five members shall serve out their present terms. The two additional members shall be appointed in 1987 for terms of six years. Following the approval by the voters of this amendment and upon the first vacancy of a position held by a nonstudent member on the university of New Mexico's board of regents, the governor shall nominate and by and with the consent of the senate shall appoint a student member to serve a two-year term. The governor shall select, with the advice and consent of the senate, a student member from a list provided by the president of the university of New Mexico. In making the list, the president of the university of New Mexico shall give due consideration to the recommendations of the student body president of the university.]

          E. Members of [the] a board of regents shall not be removed except for incompetence, neglect of duty or malfeasance in office. Provided, however, no removal shall be made without notice of hearing and an opportunity to be heard having first been given such member. The supreme court of the state of New Mexico is hereby given exclusive original jurisdiction over proceedings to remove members of the board under such rules as it may promulgate, and its decision in connection with such matters shall be final.

          F. Following the approval by the voters of this amendment:

                (1) nonstudent members who are serving on the board of regents of an institution of higher education shall finish out their terms, and their successors shall be appointed for terms of four years or less in such a way that the board of regents shall continue to have staggered terms;

                (2) upon the first vacancy of a position held by a nonstudent member on the board of regents of each institution of higher education except the university of New Mexico, the governor shall nominate and by and with the consent of the senate shall appoint a faculty member of the institution to serve a four-year term, and that position shall remain a faculty position, and upon the second vacancy, the governor shall appoint a public member to serve a four-year term; and

                (3) upon the first vacancy of a position held by a nonstudent member on the university of New Mexico board of regents, the governor shall nominate and by and with the consent of the senate shall appoint a faculty member of the university of New Mexico to serve a four-year term, and that position shall remain a faculty position."

     SECTION 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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