SENATE JOINT RESOLUTION 10
49th legislature - STATE OF NEW MEXICO - second session, 2010
INTRODUCED BY
Cisco McSorley
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF NEW MEXICO TO CREATE A STATE BOARD OF REGENTS THAT HAS CONTROL AND MANAGEMENT OF THE STATE'S COLLEGES AND UNIVERSITIES AND TO PROVIDE FOR THE CONTROL AND MANAGEMENT OF THE STATE'S SPECIAL SCHOOLS BY BOARDS OF TRUSTEES.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. It is proposed to amend the constitution of New Mexico by repealing Article 12, Section 13 and enacting a new Article 12, Section 13 to read:
"A. The New Mexico university system consists of the university of New Mexico, New Mexico state university, New Mexico highlands university, western New Mexico university, eastern New Mexico university, New Mexico institute of mining and technology and northern New Mexico state school and includes their several campuses and branch colleges and their off-campus instruction programs and learning centers. The control and management shall be by a board of regents.
B. The board of regents shall consist of thirteen regents appointed by the governor with the consent of the senate. Eleven regents shall be appointed so as to be broadly reflective of the economic, cultural and social diversity of the state and to ensure geographic distribution of the membership; two regents shall be appointed from the student bodies of the institutions in the university system. The governor shall select regents, including the student regents, from lists provided by the regents nominating committee. No more than seven members shall be from the same political party at the time of their appointment.
C. For appointments to the board of regents, including vacancy appointments, the governor, the speaker of the house of representatives and the president pro tempore of the senate shall each name three persons knowledgeable about higher education in New Mexico to a regents nominating committee that will develop a list of at least three candidates for each appointment who are qualified to serve on the board. The committee shall actively solicit, accept and evaluate applications from qualified persons. Recommendations of the committee to the governor shall be by a majority of the committee.
D. The terms of nonstudent regents shall be for six years; provided that of the eleven nonstudent regents first appointed, the terms of four regents shall be for six years, the terms of four shall be for four years and the terms of three shall be for two years. The terms of student regents shall be for two years.
E. In addition to other duties prescribed by law, the board of regents shall:
(1) prescribe applicable standards of higher education, including standards for matriculation, articulation and undergraduate and graduate degrees, at each institution under its control;
(2) determine the functions and courses of study at each institution that conform with the standards;
(3) develop and periodically review the role and mission statements of each institution, the president's office and the board;
(4) publish and annually update a five-year plan for higher education in New Mexico;
(5) submit a proposed budget for the board, president's office and each institution to the governor and the legislature each year and make other recommendations the board deems necessary;
(6) propose to the legislature the expansion or contraction of the public higher education system; provided that the legislature or a school district or community college shall not authorize a new campus, satellite campus, branch campus, instructional center, off-campus instruction program, learning center, community college or technical-vocational institute without prior investigation and approval by the board of the need for such expansion of publicly funded higher education;
(7) set tuition and fees at each institution;
(8) establish policies for the president's office; and
(9) direct the control and management of each institution through the president and each institution's chancellor.
F. The board of regents shall appoint a president of the New Mexico university system, who shall be president of all the faculties and who shall be vested with the responsibility of administering the system under board policies and shall direct a central administration that:
(1) establishes system-wide policies pursuant to board directive and monitors, reviews and evaluates those policies;
(2) coordinates program development and operation among institutions in the university system;
(3) plans the programmatic, financial and physical development of the system; and
(4) maintains fiscal control and compiles and recommends educational programs, operating budgets and building programs to the board of regents.
G. The president, with the approval of the board of regents, shall appoint a chancellor for each institution in the New Mexico university system. The chancellors shall be the executive heads of their respective faculties and institutions, including the several campuses and branch colleges and off-campus instruction programs and learning centers of those institutions as provided by law. The chancellors shall be vested with the responsibility of administering board policies under the coordinating direction of the president and shall be accountable and report to the president and the board on the operation and administration of their institutions.
H. The board of regents may delegate to each institution those powers and duties it deems necessary and appropriate.
I. All degrees or certificates granted by a state educational institution named in Subsection A of this section shall be in the name of that institution.
J. The New Mexico military institute, the New Mexico school for the blind and visually impaired and the New Mexico school for the deaf shall each be under the control and management of a board of trustees. Each board of trustees shall consist of five members, no more than three of whom at the time of their appointment shall be members of the same political party. The legislature may prescribe other qualifications by law. The governor shall nominate and with the consent of the senate appoint the members of each board. The terms of the members shall be for six years; provided that the members of the boards of regents of the New Mexico military institute, the New Mexico school for the blind and visually impaired and the New Mexico school for the deaf serving on December 31, 2011 shall continue to serve the terms for which they were appointed. The members are entitled to receive reimbursement for per diem and mileage expenses as provided by law but shall receive no other compensation, perquisite or allowance for serving on the board of trustees.
K. Members of the board of regents or the boards of trustees shall not be removed except for incompetence, neglect of duty or malfeasance in office. No removal shall be made without notice of hearing and an opportunity to be heard having first been given the member. The supreme court of the state is given exclusive original jurisdiction over proceedings to remove members of the board of regents or boards of trustees under such rules as it may promulgate, and its decision in connection with such matters shall be final. Regents and trustees are entitled to receive reimbursement for per diem and mileage expenses as provided by law but shall receive no other compensation, perquisite or allowance for serving on the board of regents or a board of trustees. A vacancy on the board of regents or a board of trustees shall be filled by appointment of the governor pursuant to this section and shall be only for the remainder of that term.
L. Regents shall be appointed initially for terms beginning on January 1, 2012. On January 1, 2012, the boards of regents of the university of New Mexico, New Mexico state university, New Mexico highlands university, western New Mexico university, eastern New Mexico university, New Mexico institute of mining and technology and northern New Mexico state school shall cease to exist. On January 1, 2012, the higher education department shall cease to exist and the board of regents shall take over the statutory duties of the department and the higher education commission.
M. Upon certification by the secretary of state that this amendment has been approved by the people, the governor shall appoint a transition team consisting of regents, university personnel and other interested persons to plan for the transition to the New Mexico university system. The team shall make periodic reports to the governor and the legislature and shall make final recommendations by November 1, 2011. The governor, the speaker of the house of representatives and the president pro tempore of the senate shall name a regents nominating committee by February 1, 2011, and that committee shall make its recommendations to the governor by September 30, 2011."
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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