HOUSE JOINT RESOLUTION 9
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Jeff Steinborn and William Soules
A JOINT RESOLUTION
PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR THE ELECTION, APPOINTMENT AND QUALIFICATIONS OF MEMBERS OF BOARDS OF REGENTS OF THE UNIVERSITY OF NEW MEXICO AND NEW MEXICO STATE UNIVERSITY.
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 [said] the institutions, except the university of New Mexico and New Mexico state university, by a board of regents for each institution, consisting of five members, four 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 institution and no more than three 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 section shall not apply to the New Mexico school for the deaf, the New Mexico military institute, the northern New Mexico state school or the New Mexico school for the blind and visually [handicapped] impaired, and for each of those four institutions all five members of the board of regents shall be qualified electors of the state of New Mexico. 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 [said] the institutions. The terms of [said] the nonstudent members shall be for six years, provided that of the five first appointed the terms of two shall be for two years, the terms for two shall be for four years, and the term of one shall be for 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 each eligible institution'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 institution. In making the list, the president of the institution shall give due consideration to the recommendations of the student body president of the institution.
B. The legislature shall provide for the control and management of the university of New Mexico and New Mexico state university by a board of regents for each 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] as follows:
(1) three members, one elected by the qualified electors of each congressional district in a nonpartisan election as provided by law;
(2) two members from the county in which the main campus of the university is located appointed by the governor with the advice and consent of the senate;
(3) one student member appointed by the other regents from a list of names provided by the governing body of the student body after consultation with the student body as a whole, or, if there is more than one student body, by the governing bodies of those student bodies after consultation with those student bodies, of the university, and with the advice and consent of the senate; and
(4) one member who is a faculty member appointed by the other regents from a list provided by the faculty senate after consultation with the faculty of the university and with the advice and consent of the senate.
C. Elected members for the university of New Mexico and New Mexico state university shall serve staggered four-year terms; provided that after the first election, elected members of each board shall draw lots to determine which member shall serve a term of two years and which member shall serve a term of four years. The appointed nonstudent, nonfaculty members of each board shall serve staggered terms of four years by drawing lots as provided for elected members, except that the lots shall determine which member shall serve an initial term of two years and which member shall serve an initial term of four years. The student member shall serve a term of two years. The faculty member shall serve one four-year term and be succeeded by a faculty member from a different college within the university. No member shall serve more than two terms. The legislature shall provide by law for the election or appointment of and qualifications for the nonstudent, nonfaculty members.
D. 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."
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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