HOUSE JOINT RESOLUTION 26
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
James Roger Madalena
A JOINT RESOLUTION
PROPOSING TO AMEND ARTICLE 9, SECTION 14 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW, UNDER CERTAIN CONDITIONS, THE STATE OR ANY COUNTY OR MUNICIPALITY TO PROVIDE REAL ESTATE, IMPROVEMENTS, EQUIPMENT OR MONEY TO BE USED BY NONPROFIT ORGANIZATIONS THAT PROVIDE ESSENTIAL HEALTH OR HUMAN SERVICES TO THE PUBLIC ON BEHALF OF A COUNTY OR MUNICIPALITY.
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] G 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 or any county or municipality from providing real estate, improvements, equipment or money for the use of a nonprofit organization that provides essential health or human services to the public on behalf of a county or municipality if the essential health or human services are provided pursuant to a contract between the nonprofit organization and the county or municipality and the contract also:
(1) identifies how the real estate, improvements, equipment or money will be used;
(2) identifies the specific essential health or human services that will be provided;
(3) provides that, upon termination or expiration of the contract, the real estate, improvements, equipment or unexpended money will be returned; and
(4) has been approved by the state board of finance or its successor agency as provided by law.
[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.
[D.] E. 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.] F. 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.] G. The provisions of Subsection [E] F 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] F of this section;
(4) require a county or municipality providing assistance pursuant to Subsection [E] F 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 election prior to that date that may be called for that purpose.
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