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A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 9, SECTION 14 OF THE

CONSTITUTION OF NEW MEXICO TO PERMIT THE STATE, AN

INSTRUMENTALITY OF THE STATE AND LOCAL GOVERNMENTS TO PROVIDE

OR PAY A PORTION OF THE COST OF LAND, BUILDINGS OR NECESSARY

FINANCING FOR AFFORDABLE HOUSING PROJECTS.

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:

"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. 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. 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.

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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. 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.

D. 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

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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. Nothing in this section prohibits the state, or

the instrumentality of the state designated by the legislature

as the state's housing authority, or a county or a

municipality from:

(1) donating or otherwise providing or

paying a portion of the costs of land for the construction on

it of affordable housing;

(2) donating or otherwise providing or

paying a portion of the costs of construction or renovation of

affordable housing or the costs of conversion or renovation of

buildings into affordable housing; or

(3) providing or paying the costs of

financing or infrastructure necessary to support affordable

housing projects.

F. The provisions of Subsection E of this section

are not self-executing. Before the described assistance may

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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 of this

section;

(4) require a county or municipality

providing assistance pursuant to Subsection E 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;

(5) require prior approval by law of an

affordable housing assistance grant by the state; and

(6) require the governing body of the

instrumentality of the state, designated by the legislature as

the state's housing authority, to give prior approval, by

resolution, for affordable housing grants that are to be given

by the instrumentality."

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

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election prior to that date that may be called for that

purpose.