Analysis

Synopsis:

 House Joint Resolution 11 (HJR 11) proposes to amend Article 4, Section 31, Article (, Section 14 and Article 12, Section 3 of the constitution of new Mexico to allow for the appropriation of public funds for private educational purposes.

Analysis:

 House Joint Resolution 11 (HJR 11) proposes to amend Article 4, Section 31, Article (, Section 14 and Article 12, Section 3 of the constitution of new Mexico to allow for the appropriation of public funds for private educational purposes.

Section 1 inserts except for educational purposes.
SECTION 1. It is proposed to amend Article 4, Section 31 of the constitution of New Mexico to read:
"No appropriation shall be made, except for educational purposes, for charitable [educational] or other benevolent purposes to any person, corporation, association, institution or community, not under the absolute control of the state, but the legislature may, in its discretion, make appropriations for the charitable institutions and hospitals, for the maintenance of which annual appropriations were made by the legislative assembly of 1909.

Section 2 proposes inserting Subsection H and changes the introductory paragraph to show the addition: Subsection A through H.
SECTION 2. 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 H of this section. 
Subsection H is inserted as follows:
H. Nothing in this section prohibits the state or any county or municipality from providing public funds to the parents or legal guardians of children for educational purposes related to those children.

Section 3 is amended to allow the state to use proceeds arising from the sale or disposal of lands granted to the state by congress for the support of any sectarian, denominational or private school, college or university. This amendment does not include any other funds appropriated, levied or collected for educational purposes. The amended text reads as:
 
SECTION 3. It is proposed to amend Article 12, Section 3 of the constitution of New Mexico to read: "The schools, colleges, universities and other educational institutions provided for by this constitution shall forever remain under the exclusive control of the state, and no part of the proceeds arising from the sale or disposal of any lands granted to the state by congress shall be used for the support of any sectarian, denominational or private school, college or university.”

SECTION 4. 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.

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