45th legislature - STATE OF NEW MEXICO - second session, 2002

REQUESTING THE CONGRESS OF THE UNITED STATES TO CONSENT TO THE AMENDMENT OF THE CONSTITUTION OF NEW MEXICO TO INCREASE THE ANNUAL DISTRIBUTION FROM THE PERMANENT SCHOOL FUND.

WHEREAS, the provisions of Sections 9 and 10 of the Enabling Act for New Mexico, Act of June 20, 1910, as amended, 36 Statutes at Large 557, provide that lands granted by the United States to New Mexico shall be held in trust for the land grant beneficiaries and that distributions from the trust fund shall be made as provided in Article 12, Section 7 of the constitution of New Mexico; and

WHEREAS, the constitution of New Mexico, by accepting the provisions of the Enabling Act, incorporates the foregoing restrictions into the fundamental law of New Mexico; and

WHEREAS, Section 2 of the Enabling Act for New Mexico and Article 21, Section 9 and Article 19, Section 4 of the constitution of New Mexico prohibit a change in the restrictions without the consent of the United States congress; and

WHEREAS, New Mexico's public schools are in desperate need for additional revenue for teacher salaries, other operating revenue and capital improvements; and

WHEREAS, increasing the distribution of the permanent school fund from four and seven-tenths percent to six percent would provide needed revenue for the public schools while maintaining the permanent inviolable nature and fiscal integrity of the fund;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the congress of the United States be respectfully petitioned to consent to the amendment of the constitution of New Mexico in order to provide more revenue for public education by increasing the distribution from the permanent school fund, all as set forth with particularity in a constitutional amendment proposed by a joint resolution of the second session of the forty-fifth legislature, entitled "A JOINT RESOLUTION PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO TO PROVIDE MORE MONEY FOR PUBLIC SCHOOLS BY INCREASING THE DISTRIBUTION FROM THE PERMANENT SCHOOL FUND"; and

BE IT FURTHER RESOLVED that copies of this memorial and the referenced proposed constitutional amendment be sent to the president of the United States senate, the speaker of the United States house of representatives and the New Mexico congressional delegation.