HOUSE JOINT RESOLUTION 2
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Daymon Ely
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 AN ADDITIONAL ANNUAL DISTRIBUTION OF ONE-HALF PERCENT OF THE LAND GRANT PERMANENT FUNDS FOR CRIMINAL JUSTICE AND PUBLIC SAFETY PURPOSES, ONLY IF THE AVERAGE OF THE YEAR-END MARKET VALUES OF THE FUND FOR THE IMMEDIATELY PRECEDING FIVE CALENDAR YEARS IS AT LEAST FIFTEEN BILLION DOLLARS ($15,000,000,000) AND IF THE LEGISLATURE PROVIDES BY LAW FOR THE USE OF THAT ADDITIONAL DISTRIBUTION.
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 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] at least fifteen billion dollars ($15,000,000,000), an additional annual distribution of one-half percent of the average of the year-end market values of the fund for the immediately preceding five calendar years shall be made unless the distribution is suspended in accordance with Subsection H of this section. The additional annual distribution shall be used only for those criminal justice and public safety purposes specifically provided for by law to fund:
(1) education programs;
(2) law enforcement, district attorneys' and public defenders' offices;
(3) courts;
(4) corrections facilities and programs;
(5) pretrial and post-trial services for accused and convicted criminal offenders; and
(6) behavioral health and substance abuse programs.
H. 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 this resolution shall take effect only with the consent of the United States congress.
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