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HJR 01: LOCAL GOV’T FUNDS FOR PRIVATE USE, CA

A Joint Resolution Proposing To Amend Article 9, Section 14 Of The Constitution Of New Mexico To Allow A County Or Municipality Upon A Unanimous Vote Of All Members Of The Governing Body To Expend Funds Or Use Public Resources To Benefit A Private Individual, An Association Or A Private Or Public Corporation To Protect And Promote The Public's Health, Safety Or Welfare.

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MILD HJR 01
LOCAL GOV’T FUNDS FOR PRIVATE USE, CA

Legislative URL:
HJR 01 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
HVEC
Action:
HPREF [5] HVEC/HEC-HVEC API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
Fiscal Impact Report
Summary

This joint resolution proposes to amend the anti-donation clause of the New Mexico Constitution. The anti-donation clause is designed to prevent the State and local governments from spending public funds on private interests. The anti-donation clause has several exceptions and this resolution proposes another. It proposes that municipalities and counties could spend public money or use public resources on a project “that may benefit a private individual, an association or a public or private corporation to protect the public’s health, safety or welfare.” The project must be designed to enhance the quality of life of the residents of the county or municipality.

If the joint resolution passes, it would be put on the general election ballot for New Mexico’s voters to decide in the fall of 2014.

 

An argument in favor of the proposed amendment might be that allowing funds to be spent in this manner may benefit the public by funding anti-pollution projects or making direct payments to farmers and ranchers for wildlife depredation if that results in increased herd size and health if the private interest would not undertake the project without such assistance. A concern might be that the language is quite loose and may perhaps be subject to abuse and generate litigation. “Quality of life” may have many different meanings for different people. Perhaps a developer would argue that a new shopping center would improve the public’s quality of life but the future neighbors who would bear the increased traffic would not.

 

Date of Summary:  1/21/2014

Outcome: 

HJR 01 died in the House Voters and Election Committee.

 

Updated 7/31/14