HOUSE JOINT RESOLUTION 10

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Antonio "Moe" Maestas and Javier Martínez

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 7 OF THE CONSTITUTION OF NEW MEXICO, SUBJECT TO THE APPROVAL OF CONGRESS, TO PROVIDE FOR ADDITIONAL ANNUAL DISTRIBUTIONS OF THE PERMANENT FUNDS, OF WHICH CERTAIN AMOUNTS DISTRIBUTED FROM THE PERMANENT SCHOOL FUND SHALL BE USED FOR THE IMPLEMENTATION AND MAINTENANCE OF EDUCATIONAL PROGRAMS AND EARLY CHILDHOOD EDUCATION SERVICES, AS PROVIDED BY LAW.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. It is proposed to amend Article 12, Section 7 of the constitution of New Mexico to read:

          "A. As used in this section, "fund" means the permanent school fund described in Article 12, Section 2 of this constitution and all other permanent funds derived from lands granted or confirmed to the state by the act of congress of June 20, 1910, entitled "An act to enable the people of New Mexico to form a constitution and state government and be admitted into the union on an equal footing with the original states.".

          B. The fund shall be invested by the state investment officer in accordance with policy regulations promulgated by the state investment council.

          C. In making investments, the state investment officer, under the supervision of the state investment council, shall invest and manage the fund in accordance with the Uniform Prudent Investor Act.

          D. The legislature may establish criteria for investing the fund if the criteria are enacted by a three-fourths' vote of the members elected to each house, but investment of the fund is subject to the following restrictions:

                (1) not more than sixty-five percent of the book value of the fund shall be invested at any given time in corporate stocks;

                (2) not more than ten percent of the voting stock of a corporation shall be held; and

                (3) stocks eligible for purchase shall be restricted to those stocks of businesses listed upon a national stock exchange or included in a nationally recognized list of stocks.

          E. All additions to the fund and all earnings, including interest, dividends and capital gains from investment of the fund shall be credited to the fund.

          F. Except as provided in Subsection G of this section, the annual distributions from the fund shall be five percent of the average of the year-end market values of the fund for the immediately preceding five calendar years.

          G. [In addition to the annual distribution made pursuant to Subsection F of this section, unless suspended pursuant to Subsection H of this section, an additional annual distribution shall be made pursuant to the following schedule, provided that no distribution shall be made pursuant to the provisions of this subsection in any fiscal year] If the average of the year-end market values of the fund for the immediately preceding five calendar years is [less than] at least ten billion dollars ($10,000,000,000),

                [(1) in fiscal years 2005 through 2012, an amount equal to eight-tenths percent of the average of the year-end market values of the fund for the immediately preceding five calendar years; provided that any additional distribution from the permanent school fund pursuant to this paragraph shall be used to implement and maintain educational reforms as provided by law; and

                (2) in fiscal years 2013 through 2016, an amount equal to one-half percent of the average of the year-end market values of the fund for the immediately preceding five calendar years; provided that any additional distribution from the permanent school fund pursuant to this paragraph shall be used to implement and maintain educational reforms as provided by law] additional annual distributions shall be made, unless suspended pursuant to Subsection I of this section, of:

                (1) one-half percent of the average of the year-end market values of the fund for the immediately preceding five calendar years; provided that the amount of the additional distribution pursuant to this paragraph from the permanent school fund shall be used for the implementation and maintenance of educational programs administered by the state, as provided by law; and

                (2) one and one-half percent of the average of the year-end market values of the fund for the immediately preceding five calendar years; provided that the amount of the additional distribution pursuant to this paragraph from the permanent school fund shall be used for early childhood education services administered by the state, as provided by law.

          H. As used in this section, "early childhood education services" means nonsectarian services for children until eligible for kindergarten. Such services may be provided by a school district, a state contractor, an entity of an Indian nation, tribe or pueblo, the New Mexico school for the blind and visually impaired or the New Mexico school for the deaf; provided that early childhood education services available from the New Mexico school for the blind and visually impaired or the New Mexico school for the deaf shall not be delivered by a state contractor.

          [H.] I. The legislature, by a three-fifths' vote of the members elected to each house, may suspend any additional distribution provided for in Subsection G of this section."

     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.

     SECTION 3. The amendment proposed by Section 1 of this resolution shall not become effective without the consent of the United States congress.

- 5 -