pg_0001

.166444.1

SENATE JOINT RESOLUTION 15

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Dianna J. Duran

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 9, SECTION 14 OF THE

CONSTITUTION OF NEW MEXICO TO BROADEN THE VETERANS' SCHOLARSHIP

PROGRAM TO VETERANS OF ANY WAR OR CONFLICT.

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 of this section.

A. Nothing in this section prohibits the state or

pg_0002

.166444.1

- 2 -

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 from

establishing a veterans' scholarship program for [Vietnam

] war

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

] war or

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

] during a

time of declared war or an authorization to use force

C. 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. Nothing in this section prohibits the state or a

pg_0003

.166444.1

- 3 -

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. 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

pg_0004

.166444.1

- 4 -

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. The provisions of Subsection E 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 of this

section;

(4) require a county or municipality providing

assistance pursuant to Subsection E 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

pg_0005

.166444.1

(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.

- 5 -