SENATE MEMORIAL 55
54th legislature - STATE OF NEW MEXICO - second session, 2020
Elizabeth "Liz” Stefanics
REQUESTING THAT THE DEPARTMENT OF FINANCE AND ADMINISTRATION CONVENE A TASK FORCE TO STUDY ACCESS TO INFRASTRUCTURE FUNDING FOR RURAL NONGOVERNMENTAL ENTITIES AND NONPROFIT ORGANIZATIONS AND THE IMPACT OF THE ANTI-DONATION CLAUSE OF THE CONSTITUTION OF NEW MEXICO ON ACCESS TO INFRASTRUCTURE FUNDING.
WHEREAS, many rural nonprofit organizations and nongovernmental agencies provide services for their communities that are equivalent to those provided in non-rural communities by government or municipal entities; and
WHEREAS, rural communities, by definition, lack the governmental and municipal structure that would allow these nonprofit organizations and nongovernmental agencies to function as municipal or governmental entities; and
WHEREAS, these rural nonprofit organizations and nongovernmental agencies serve a population that comprises one-third of New Mexico's communities and one-fifth of its residents; and
WHEREAS, the anti-donation clause of the constitution of New Mexico limits access to capital infrastructure funding for these rural nongovernmental agencies and nonprofit organizations, creating hardships and inequities for these entities and compromising the services offered in rural communities; and
WHEREAS, many rural nonprofit organizations and nongovernmental agencies are required to retain their nonprofit or nongovernmental status by their foundational documents and remain excluded by the anti-donation clause from accessing state capital infrastructure funding in New Mexico; and
WHEREAS, other states, such as New York, have instituted processes that address these inequities and enable capital infrastructure funding for nonprofit organizations and nongovernmental agencies providing equitable services in rural communities;
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the department of finance and administration be requested to convene a task force to study access to infrastructure funding for nongovernmental entities and nonprofit organizations and the impact of the anti-donation clause on funding access; and
BE IT FURTHER RESOLVED that the task force be requested to develop recommendations for providing equitable access to infrastructure funding for nonprofit organizations and nongovernmental entities that offer equivalent services in rural communities as those provided to governmental or municipal entities; and
BE IT FURTHER RESOLVED that the department of finance and administration be requested to appoint members from the economic development department, the house of representatives and the senate, representatives of rural nonprofit organizations and other persons with experience or knowledge that would be useful to the task force; and
BE IT FURTHER RESOLVED that the task force be requested to issue a report of its findings and recommendations by October 1, 2020; and
BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of finance and administration, the secretary of economic development, the director of the center for nonprofit excellence and the co-chairs of the New Mexico legislative council.
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