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

 

 

 

SPONSOR:

Beffort, Wilson,

 

DATE TYPED:

3/11/03

 

HB

 

 

SHORT TITLE:

Expression of Public School Employee Opinions

 

SB

SJM 94

 

 

ANALYST:

Segura

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

State Department of Education (SDE)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Joint Memorial 94 requests that the State Board of  Education (SBE) ensure that public school employees, while on duty, refrain from expressing personal opinions regarding work events and the actions of political leaders.

 

 

     Significant Issues

 

The memorial resolves that these public school individuals refrain from expressing their personal opinions while on duty, which prohibited expression would include forms of communication such as personnel attire, lapel pins, buttons, classroom displays of posters, bumper stickers or similar material.

 

FISCAL IMPLICATIONS

 

Senate Joint Memorial 94 does not contain an appropriation.

 

ADMINISTRATIVE IMPLICATIONS

 

According to SDE, the SBE would have to amend its existing rule that permits local school boards to regulate “speech and assembly within the public schools”.

 

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

 

The SDE indicates that the memorial conflicts with Sections 22-10-2, 22-10-14 and 22-10-17 NMSA 1978.

 

OTHER SUBSTANTIVE ISSUES

 

According to SDE, the memorial clearly implicates the First Amendment to the U.S. Constitution as well as Section 17 (ART.III) of the Bill of Rights to the New Mexico Constitution. Both provisions prohibit the government from passing laws that abridge or restrain speech.

 

In addition, if the SBE carries out the assurance required by this memorial, it is likely to be named in civil rights lawsuits based on alleged violations of First Amendment rights that are brought by school employees disciplined for expressing their personal opinion on world events or the actions of political leaders.

 

RS/njw:yr