AGO IAL 030308.

• Case Date: March 03, 2008
• Court: New Mexico

New Mexico Attorney Gen eral Opinions 2008. AGO IAL 030308. March 3, 2008IAL 030308The Honorable Carroll LeavellNew Mexico State Senator P.O. Drawer DJal, NM 88252 Re: Opinion Request - New Mexico Junior College and Lea County Cowboy Hall of Fame Operating AgreementDear Senator Leavell: You have requested our opinion regarding whether an Operating Agreement between the New Mexico Junior College ("NMJC") and the Lea County Cowboy Hall of Fame ("Hall of Fame") is in compliance with the anti-donation clause of Article IX, Section 14 of the New Mexico Constitution. According to your letter, the Operating Agreement allows the Hall of Fame to exhibit its artifacts in the Western Heritage Museum, which is owned by NMJC. Based on our examination of the relevant New Mexico statutes, opinions and case law authorities, and on the information available to us at this time, we conclude that the anti-donation clause is not implicated because NMJC is not a state institution covered by the clause. There are two constitutional provisions that are applicable to this matter. First, the anti-donation clause is implicated whenever a state institution proposes to enter into an agreement with a private entity where the private entity may be receiving a benefit or donation from the state institution. See N.M. Att'y Gen. Op. 02-02 (2002). The clause provides, with certain exceptions not relevant here, that:

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 ...."

N.M. Const. art. IX, § 14. By its terms, the clause applies to the state, counties, school districts and municipalities. Political subdivisions and local governing bodies that are not listed are excluded from the prohibition. See New Mexico Att'y Gen. Advisory Letter to State Representative Nick Salazar from Assistant Attorney General Elizabeth Glenn (Feb. 4, 1993) (concluding that the...