HOUSE JOINT RESOLUTION 5

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Dennis J. Roch and Daniel A. Ivey-Soto

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 10, SECTION 8 OF THE CONSTITUTION OF NEW MEXICO TO PROHIBIT STATE RULES OR REGULATIONS THAT MANDATE NEW OR INCREASED ACTIVITY OR SERVICE BY SCHOOL DISTRICTS OR CHARTER SCHOOLS FROM HAVING THE FORCE OF LAW UNLESS FUNDING FOR THOSE MANDATES IS PROVIDED.

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

     SECTION 1. It is proposed to amend Article 10, Section 8 of the constitution of New Mexico to read:

     "A state rule or regulation mandating any county, [or] city, school district or charter school to engage in any new activity, to provide any new service or to increase any current level of activity or to provide any service beyond that required by existing law, shall not have the force of law, unless, or until, the state provides sufficient new funding or a means of new funding to the county, [or] city, school district or charter school to pay the cost of performing the mandated activity or service for the period of time during which the activity or service is required to be performed."

     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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