AGO 12-03.

• Case Date: February 01, 2012
• Court: New Mexico

New Mexico Attorney General Opinions 2012. AGO 12-03. OPINION OF GARY K. KING Attorney GeneralFebruary 1, 2012Opinion No. 12-03BY: Susan Sita Assistant Attorney GeneralTO: The Honorable Mimi StewartNew Mexico State Representative 313 Moon Street NE Albuquerque, NM 87123The Honorable Rick MieraNew Mexico State Representative 1011 Forrester NW Albuquerque, NM 87102QUESTIONS: (1) Would the anti-donation clause of Article IX, § 14 of the New Mexico Constitution permit the distribution of money from the land grant permanent funds to finance private or sectarian early childhood education programs? (2) Would the anti-donation clause permit the distribution of money from the funds to a public agency or entity, such as the Children, Youth and Families Department, to finance contracts between agents of the state government and private sectarian early childhood education programs? (3) Does the New Mexico Legislature possess the authority to enact a law or propose a constitutional amendment to:

(a) add a private or sectarian entity to the roster of designated beneficiaries of the land grant permanent funds; or

(b) alter the distribution of the funds to the currently designated beneficiaries to accommodate a new additional beneficiary?

(4) Would any other state or federal law or regulation impede the addition of a new, private or sectarian entity to the list of designated beneficiaries of the land grant permanent funds or impede the execution of contracts between a governmental or other public entity and a private or sectarian entity for services in exchange for money distributed from the fund? (5) Are there any legal issues with respect to a joint resolution and proposed constitutional amendment to increase the base distribution from the land grant permanent funds by one and one-half percent for ten years in order to provide early childhood learning programs for New Mexico children younger than age five? CONCLUSIONS: (1) and (2) An analysis of the effect of the anti-donation clause is not necessary at this time because the federal Enabling Act of June 20, 1910, 36 Stat. 557, ch. 310 ("Enabling Act" or "Act") and corresponding provisions of the state constitution directly prohibit the state from using money from the land grant permanent funds for private, sectarian or denominational entities.(fn1) (3) and (4) Unless Congress amends the Enabling Act, the legislature has no authority to propose amendments to the constitution or enact laws that add a private or sectarian entity to the roster of designated land...