Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR Wirth

ORIGINAL DATE

LAST UPDATED

1/28/08

1/31/08 HB 249

SHORT TITLE Community College and School District Elections

SB

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to SJR4

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Association of County Clerks (ACC)

Secretary of State (SOS)

Higher Education Department (HED)

Public Education Department (PED)

SUMMARY

Synopsis of Bill

House Bill 249 amends existing statutes sections related to community colleges. Specifically, it

changes when community college board elections must be held. It requires them to be held in

conjunction with regular school district elections on the first Tuesday of February in each odd-

numbered year if the board and school board agree to hold concurrent elections; if not, on a date

prescribed by the Community College Act. Another section of the bill contains language related

to a resolution that must be issued by the community college board when noticing an election.

That section has language consistent with the previously referenced concurrent-election

language.

House Bill 249 – Page

2

FISCAL IMPLICATIONS

Association of County Clerks notes that this bill will result in a considerable cost savings to both

districts. Since both elections are conducted under School Election Law, requirements for

precinct boards are identical. Shared precinct boards will cut the cost to both districts. In

addition, the cost to the districts for county personnel to deliver and pick up voting equipment,

truck rental and even the cost of ballots will be reduced. An exact estimate of cost savings

would depend on each individual district.

Higher Education Department echo ACC, offering that although there is no funding

accompanying HB249, it is likely that enacting this legislation would reduce costs incurred by

separate elections.

SIGNIFICANT ISSUES

As explained by the Secretary of State, this bill conflicts with Article VII, Section 1 which states:

“… All school elections shall be held at different times from other elections …" Senate Joint

Resolution 4 seeks to repeal that part of the constitution. If it passes and is removed by the

voters, this bill would be constitutional and the sponsor may wish to re-introduce it in 2009.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

This bill relates to SJR 4 “School Elections with other Elections".

TECHNICAL ISSUES

The bill does not specify which school board must agree with the community college board for

the two to hold concurrent elections. There are 89 school boards in the state. Presumably, the

school board is in the school district where the community college is located.

EO/mt:nt