HOUSE JOINT RESOLUTION 3

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Daymon Ely

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 8, SECTION 10 OF THE CONSTITUTION OF NEW MEXICO TO REQUIRE AN ADDITIONAL DISTRIBUTION FROM THE SEVERANCE TAX PERMANENT FUND 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 FIVE BILLION DOLLARS ($5,000,000,000) AND IF THE LEGISLATURE PROVIDES BY LAW FOR THE USE OF THAT DISTRIBUTION.

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

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

          "A. There shall be deposited in a permanent trust fund known as the "severance tax permanent fund" that part of state revenue derived from excise taxes that have been or shall be designated severance taxes imposed upon the severance of natural resources within this state, in excess of that amount that has been or shall be reserved by statute for the payment of principal and interest on outstanding bonds to which severance tax revenue has been or shall be pledged. Money in the severance tax permanent fund shall be invested as provided by law. Distributions from the fund shall be appropriated by the legislature as other general operating revenue is appropriated for the benefit of the people of the state.

          B. All additions to the fund and all earnings, including interest, dividends and capital gains from investment of the fund shall be credited to the corpus of the fund.

          C. The annual distributions from the fund shall be one hundred two percent of the amount distributed in the immediately preceding fiscal year until the annual distributions equal four and seven-tenths percent of the average of the year-end market values of the fund for the immediately preceding five calendar years. Thereafter, the amount of the annual distributions shall be four and seven-tenths percent of the average of the year-end market values of the fund for the immediately preceding five calendar years.

          D. In addition to the distribution in Subsection C of this section, if the average of the year-end market values of the fund for the immediately preceding five calendar years is at least five billion dollars ($5,000,000,000), 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 to the general fund. 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.

          [D.] E. The frequency and the time of the distributions made pursuant to Subsection C of this section shall be as provided by law."

     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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