46th legislature - STATE OF NEW MEXICO - first session, 2003
FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE 9, SECTION 14 OF THE CONSTITUTION OF NEW MEXICO TO PERMIT THE STATE TO ESTABLISH LOAN REPAYMENT PROGRAMS FOR TEACHER EDUCATION EXPENSES.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. It is proposed to amend Article 9, Section 14 of the constitution of New Mexico to read:
"A. Neither the state nor any county, school
district or municipality, except as otherwise provided in this
constitution, shall directly or indirectly lend or pledge its
credit or make any donation to or in aid of any person,
association or public or private corporation or in aid of any
private enterprise for the construction of any railroad except
as provided in [Subsections A through F of] this section.
[A.] B. Nothing in this section prohibits the state
or any county or municipality from making provision for the
care and maintenance of sick and indigent persons.
[B.] C. Nothing in this section prohibits the state
from establishing a veterans' scholarship program for Vietnam
conflict veterans who are post-secondary students at
educational institutions under the exclusive control of the
state by exempting such veterans from the payment of tuition.
For the purposes of this subsection, a "Vietnam conflict
veteran" is any person who has been honorably discharged from
the armed forces of the United States, who was a resident of
New Mexico at the original time of entry into the armed forces
from New Mexico or who has lived in New Mexico for ten years or
more and who has been awarded a Vietnam campaign medal for
service in the armed forces of this country in Vietnam during
the period from August 5, 1964 to the official termination date
of the Vietnam conflict as designated by executive order of the
president of the United States.
[C.] D. The state may establish by law a program of
loans to students of the healing arts, as defined by law, for
residents of the state who, in return for the payment of
educational expenses, contract with the state to practice their
profession for a period of years after graduation within areas
of the state designated by law.
E. The state may establish by law a program to repay the principal and reasonable interest accrued on loans obtained from the federal government or a commercial lender for educational expenses by persons who are licensed or certified as elementary or secondary teachers.
[D.] F. Nothing in this section prohibits the state
or a county or municipality from creating new job opportunities
by providing land, buildings or infrastructure for facilities
to support new or expanding businesses if this assistance is
granted pursuant to general implementing legislation that is
approved by a majority vote of those elected to each house of
the legislature. The implementing legislation shall include
adequate safeguards to protect public money or other resources
used for the purposes authorized in this subsection. The
implementing legislation shall further provide that:
(1) each specific county or municipal project providing assistance pursuant to this subsection need not be approved by the legislature but shall be approved by the county or municipality pursuant to procedures provided in the implementing legislation; and
(2) each specific state project providing assistance pursuant to this subsection shall be approved by law.
[E.] G. Nothing in this section prohibits the
state, a county or a municipality from:
(1) donating land owned by the state, county or municipality for the construction on it of affordable housing;
(2) donating an existing building owned by the state, county or municipality for conversion or renovation into affordable housing; or
(3) providing or paying the costs of infrastructure necessary to support affordable housing projects.
[F.] H. The provisions of Subsection [E] G of this
section are not self-executing. Before the described
assistance may be provided, enabling legislation shall be
enacted by a majority vote of the members elected to each house
of the legislature. This enabling legislation shall:
(1) define "affordable housing";
(2) establish eligibility criteria for the recipients of land, buildings and infrastructure;
(3) contain provisions to ensure the
successful completion of affordable housing projects supported
by assistance authorized pursuant to Subsection [E] G of this
section;
(4) require a county or municipality providing
assistance pursuant to Subsection [E] G of this section to give
prior formal approval by ordinance for a specific affordable
housing assistance grant and include in the ordinance the
conditions of the grant; and
(5) require prior approval by law of a specific affordable housing assistance grant by the state."
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.