0001| SENATE JOINT RESOLUTION 12 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| DUNCAN SCOTT | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| A JOINT RESOLUTION | 0012| PROPOSING AN AMENDMENT TO ARTICLE 4, SECTION 17 OF THE | 0013| CONSTITUTION OF NEW MEXICO TO REQUIRE A THREE-FIFTHS VOTE OF THE | 0014| MEMBERS OF EACH HOUSE OF THE LEGISLATURE TO LEVY A NEW TAX, TO | 0015| INCREASE THE RATE OR BASE OF A TAX OR TO CREATE OR RAISE A FEE. | 0016| | 0017| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. It is proposed to amend Article 4, Section 17 | 0019| of the constitution of New Mexico by amending the section to | 0020| read: | 0021| "No bill shall be passed except by a vote of a majority of | 0022| the members present in each house, [nor] or unless on its | 0023| final passage a vote be taken by yeas and nays, and entered on | 0024| the journal; provided, however, that no bill to levy a new tax, | 0025| to increase the rate or base of an existing tax or to create or | 0001| raise a fee shall be passed except by a vote of three-fifths of | 0002| the members present in each house. The determination of whether | 0003| a bill levies a new tax, increases the rate or base of an | 0004| existing tax or creates or raises a fee shall be made to resolve | 0005| reasonable doubt in favor of requiring the three-fifths vote. A | 0006| taxpayer has standing to bring an action to enforce the | 0007| provisions of this section." | 0008| Section 2. The amendment proposed by this resolution shall | 0009| be submitted to the people for their approval or rejection at | 0010| the next general election or at any special election prior to | 0011| that date which may be called for that purpose. | 0012|  |