New Mexico 2025 Regular Session

New Mexico House Bill HJR12 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE JOINT RESOLUTION 12
29	29	57
30	30	TH LEGISLATURE
31	31	- STATE OF NEW MEXICO -
32	32	FIRST SESSION
33	33	, 2025
34	34	INTRODUCED BY
35	35	Nathan P. Small and Charlotte Little and Sarah Silva
36	36	and Anita Gonzales and Javier Martínez
37	37	A JOINT RESOLUTION
38	38	PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 13 OF THE
39	39	CONSTITUTION OF NEW MEXICO TO ESTABLISH THE FIDUCIARY DUTIES OF
40	40	MEMBERS OF BOARDS OF REGENTS OF STATE EDUCATIONAL INSTITUTIONS,
41	41	VEST DISTRICT COURTS WITH ORIGINAL JURISDICTION OVER ACTIONS TO
42	42	REMOVE BOARD MEMBERS AND PROVIDE THAT THE ATTORNEY GENERAL OR A
43	43	MAJORITY OF THE MEMBERS OF A BOARD OF REGENTS MAY SEEK REMOVAL
44	44	OF A MEMBER.
45	45	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
46	46	SECTION 1. It is proposed to amend Article 12, Section 13
47	47	of the constitution of New Mexico to read:
48	48	"A. The legislature shall provide for the control
49	49	and management of each of the institutions, except the
50	50	university of New Mexico, by a board of regents for each
51	51	institution, consisting of five members, four of whom shall be
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79	79	qualified electors of the state of New Mexico, one of whom
80	80	shall be a member of the student body of the institution and no
81	81	more than three of whom at the time of their appointment shall
82	82	be members of the same political party; provided, however, that
83	83	the student body member provision in this subsection shall not
84	84	apply to the New Mexico school for the deaf, the New Mexico
85	85	military institute or the New Mexico school for the blind and
86	86	visually impaired, and for each of those three institutions all
87	87	five members of the board of regents shall be qualified
88	88	electors of the state of New Mexico.
89	89	B. The governor shall nominate and by and with the
90	90	consent of the senate shall appoint the members of each board
91	91	of regents for each of the institutions. The terms of
92	92	nonstudent members shall be for staggered terms of six years,
93	93	and the terms of student members shall be two years.
94	94	C. The governor shall select, with the advice and
95	95	consent of the senate, a student member from a list provided by
96	96	the president of the institution. In making the list, the
97	97	president of the institution shall give due consideration to
98	98	the recommendations of the student body president of the
99	99	institution. Following the approval by the voters of this 2014
100	100	amendment and upon the first vacancy of a position on the
101	101	northern New Mexico state school board of regents, the governor
102	102	shall nominate and by and with the consent of the senate shall
103	103	appoint a student member to serve a two-year term.
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132	132	D. The legislature shall provide for the control
133	133	and management of the university of New Mexico by a board of
134	134	regents consisting of seven members, six of whom shall be
135	135	qualified electors of the state of New Mexico, one of whom
136	136	shall be a member of the student body of the university of New
137	137	Mexico and no more than four of whom at the time of their
138	138	appointment shall be members of the same political party. The
139	139	governor shall nominate and by and with the consent of the
140	140	senate shall appoint the members of the board of regents. The
141	141	present five members shall serve out their present terms. The
142	142	two additional members shall be appointed in 1987 for terms of
143	143	six years. Following the approval by the voters of this
144	144	amendment and upon the first vacancy of a position held by a
145	145	nonstudent member on the university of New Mexico's board of
146	146	regents, the governor shall nominate and by and with the
147	147	consent of the senate shall appoint a student member to serve a
148	148	two-year term. The governor shall select, with the advice and
149	149	consent of the senate, a student member from a list provided by
150	150	the president of the university of New Mexico. In making the
151	151	list, the president of the university of New Mexico shall give
152	152	due consideration to the recommendations of the student body
153	153	president of the university.
154	154	E. Each member of a board of regents holds a
155	155	position of trust and owes a fiduciary duty to the institution
156	156	that the member serves, and the member's control and management
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185	185	of that institution shall at all times be subject to and
186	186	limited by the member's adherence to the member's fiduciary
187	187	duty. The fiduciary duties of each member of a board of
188	188	regents include a duty of undivided loyalty; a duty of due care
189	189	and prudent administration of the member's responsibilities; a
190	190	duty to act in good faith; and an obligation to conduct
191	191	business in accordance with the laws of the state of New Mexico
192	192	and the internal policies of the institution that the member
193	193	serves. The fiduciary duties of a board of regents of an
194	194	institution extend to any of the institution's administrators
195	195	to whom the board of regents delegates its authority. The
196	196	legislature may provide for additional duties for a board of
197	197	regents and may define the scope of the board of regents'
198	198	control and management of the institution that the board
199	199	serves.
200	200	[E.] F. Members of the board shall not be removed
201	201	except for incompetence, neglect, [of duty ] breaches of
202	202	fiduciary duties, breaches of other duties or malfeasance in
203	203	office. [Provided, however, no removal shall be made without
204	204	notice of hearing and an opportunity to be heard having first
205	205	been given such member. The supreme court of the state of New
206	206	Mexico is hereby given exclusive original jurisdiction over
207	207	proceedings to remove members of the board under such rules as
208	208	it may promulgate, and its decision in connection with such
209	209	matters shall be final. ] Incompetence, neglect, breach of a
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238	238	fiduciary duty, breach of other duties or malfeasance of a
239	239	member of a board may be remedied as provided by law or as
240	240	recognized in a common-law cause of action. A member of a
241	241	board of regents may be removed from the board of the
242	242	institution that the member serves by an action seeking removal
243	243	of the member filed in the district court by the attorney
244	244	general or by a majority of the other members of the board of
245	245	regents of the institution that the member serves. "
246	246	SECTION 2. The amendment proposed by this resolution
247	247	shall be submitted to the people for their approval or
248	248	rejection at the next general election or at any special
249	249	election prior to that date that may be called for that
250	250	purpose.
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