0001|                      HOUSE JOINT RESOLUTION 19
    |
0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
    |
0003|                            INTRODUCED BY
    |
0004|                          M. MICHAEL OLGUIN
    |
0005|     
    |
0006|                                   
    |
0007|     
    |
0008|     
    |
0009|     
    |
0010|                          A JOINT RESOLUTION
    |
0011|     PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO TO
    |
0012|     TEMPORARILY POSTPONE DEPOSITS INTO THE SEVERANCE TAX PERMANENT
    |
0013|     FUND IN ORDER TO FUND CAPITAL OUTLAY PROJECTS.
    |
0014|     
    |
0015|     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0016|          Section 1.  It is proposed to amend Article 8, Section 10
    |
0017|     of the constitution of New Mexico to read:
    |
0018|               "A.  There shall be deposited in a permanent trust
    |
0019|     fund known as the "severance tax permanent fund" that part of
    |
0020|     state revenue derived from excise taxes that have been or
    |
0021|     shall be designated severance taxes imposed upon the severance
    |
0022|     of natural resources within this state, in excess of:
    |
0023|                    (1)  that amount that has been or shall be
    |
0024|     reserved by statute for the payment of principal and interest
    |
0025|     on outstanding bonds to which severance tax revenue has been
    |
- 1 -
0001|     or shall be pledged; and
    |
0002|                    (2)  that amount received from severance
    |
0003|     taxes after January 1, 1999 and before January 1, 2003 and
    |
0004|     appropriated by the legislature for capital outlay projects.
    |
0005|               B.  Money in the severance tax permanent fund
    |
0006|     shall be invested as provided by law.  Distributions from the
    |
0007|     fund shall be appropriated by the legislature as other general
    |
0008|     operating revenue is appropriated for the benefit of the
    |
0009|     people of the state.
    |
0010|               [B.] C.  All additions to the fund and all
    |
0011|     earnings, including interest, dividends and capital gains from
    |
0012|     investment of the fund shall be credited to the corpus of the
    |
0013|     fund.
    |
0014|               [C.] D.  The annual distributions from the fund
    |
0015|     shall be one hundred two percent of the amount distributed in
    |
0016|     the immediately preceding fiscal year until the annual
    |
0017|     distributions equal four and seven-tenths percent of the
    |
0018|     average of the year-end market values of the fund for the
    |
0019|     immediately preceding five calendar years.  Thereafter, the
    |
0020|     amount of the annual distributions shall be four and seven-
    |
0021|     tenths percent of the average of the year-end market values of
    |
0022|     the fund for the immediately preceding five calendar years.
    |
0023|               [D.] E.  The frequency and the time of the
    |
0024|     distributions made pursuant to Subsection [C] D of this
    |
0025|     section shall be as provided by law."
    |
- 2 -
0001|          Section 2.  The amendment proposed by this resolution
    |
0002|     shall be submitted to the people for their approval or
    |
0003|     rejection at the next general election or at any special
    |
0004|     election prior to that date which may be called for that
    |
0005|     purpose.
    |
0006|                              
    |