SENATE MEMORIAL 114

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

INTRODUCED BY

Daniel A. Ivey-Soto

 

 

 

 

 

A MEMORIAL

REQUESTING THE COUNCIL OF UNIVERSITY PRESIDENTS AND THE NEW MEXICO FOUNDATION FOR OPEN GOVERNMENT TO CONDUCT A STUDY WITH VARIOUS PUBLIC AND NONPROFIT ENTITIES ON HOW TO BALANCE THE WORK OF NONPROFIT FOUNDATIONS THAT PRIMARILY SUPPORT PUBLIC BODIES WITH THE NEED FOR TRANSPARENCY IN CONDUCTING PUBLIC BUSINESS; REQUESTING A REPORT.

 

     WHEREAS, many public bodies in New Mexico have nonprofit foundations that exist solely or primarily to support the public body; and

     WHEREAS, these foundations play a crucial role in supporting the mission and success of these public bodies; and

     WHEREAS, nonprofit foundations that exist solely or primarily to support a public body are considered private entities and are not subject to any state sunshine laws; and

     WHEREAS, nonprofit foundations that exist solely or primarily to support a public body have, from time to time, been perceived to engage in public business or to confer a public benefit upon donors while the terms of such transactions have not been shared with the public;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the council of university presidents and the New Mexico foundation for open government be requested to conduct a study regarding the proper level of transparency for nonprofit foundations that exist solely or primarily to support a public body; and

     BE IT FURTHER RESOLVED that the members of the legislature be informed of the times, dates and locations of meetings and that, in addition to the membership of the council of university presidents and the New Mexico foundation for open government, the New Mexico hospital association, the New Mexico coalition for charter schools, the New Mexico press association and the cultural affairs department be requested to participate in the study, and that members of the general public and entities that have an interest in the transparency of public functions or are public bodies with supporting nonprofit foundations be invited to participate as well; and

     BE IT FURTHER RESOLVED that the council of university presidents and the New Mexico foundation for open government be requested to develop a report on the study, including recommendations to balance the work of nonprofit foundations that support public bodies with the need of the public for transparency in the conduct of public business and to distribute copies of the report to the incoming members of the fifty-fourth legislature prior to the beginning of the legislative session in 2019; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the council of university presidents, the New Mexico foundation for open government, the New Mexico hospital association, the New Mexico coalition for charter schools, the New Mexico press association and the cultural affairs department.

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