All forfeitures, unless otherwise provided by law, and all fines collected under general laws; the net proceeds of property that may come to the state by escheat; the rentals of all school lands and other lands granted to the state, the disposition of which is not otherwise provided for by the terms of the grant or by act of congress shall constitute the current school fund of the state. (As amended November 2, 1971, November 4, 1986 and November 5, 1996.)

ANNOTATIONS

The 1996 amendment, which was proposed by S.J.R. No. 2 (Laws 1996) and adopted at the general election held November 5, 1996, by a vote of 307,442 for and 153,021 against, deleted "and the income derived from the permanent school fund" following "act of congress" near the end and made a stylistic change. Section 6 of S.J.R. No. 2 (Laws 1996) provides that this amendment shall not become effective without the consent of the United States congress. The United States Congress approved the amendment in P.L. 105-37, 111 Stat. 1113, the New Mexico Statehood and Enabling Act Amendments of 1997, approved August 7, 1997.

The 1986 amendment, which was proposed by S.J.R. No. 11 (Laws 1986) and adopted at the general election held on November 4, 1986, by a vote of 181,813 for and 93,731 against, deleted "fines and" before "forfeitures" and added "unless otherwise provided by law and all fines" after "forfeitures" at the beginning of the section.

The 1971 amendment, which was proposed by S.J.R. No. 30 (Laws 1971) and adopted at the special election held on November 2, 1971, by a vote of 43,139 for and 28,945 against, deleted everything after the first sentence. The deleted provisions related to the school tax, distribution of the current school fund and the minimum school year.

Special election. — Laws 1971, ch. 308, §§ 1 and 2, provided that all constitutional amendments proposed by the thirtieth legislature be voted upon at a special election on the first Tuesday of November, 1971, unless otherwise specified, and appropriated $171,000 for election expenses.

Compiler's notes. — Eight amendments to the constitution were proposed by 1970 session of legislature although attorney general stated that constitutional amendments may not be considered in even-numbered years. 1969 Op. Att'y Gen. No. 69-151; 1965 Op. Att'y Gen. No. 65-212.

An amendment to this section proposed by S.J.R. No. 10 (Laws 1961), which would have provided for deduction of administrative costs from fines and forfeitures before transmission to current school fund, was submitted to the people at a special election held on September 19, 1961. It was defeated by a vote of 20,780 for and 28,202 against.

H.J.R. No. 3 (Laws 1969) proposed the repeal of this section but provided that the proposal would not be submitted to the people if the constitutional convention submitted a new constitution or an amendment to repeal this section. A proposed constitution was submitted to the voters and rejected on December 9, 1969.

H.J.R. No. 3 (Laws 1970), which proposed the repeal of this section, was submitted to the people at the general election held on November 3, 1970. It was defeated by a vote of 60,531 for and 68,720 against.

An amendment proposed by H.J.R. No. 8 (Laws 1994), which would have deleted "and the income derived from the permanent school fund" following "congress" near the end of the section, was submitted to the people at the general election held on November 8, 1994. It was defeated by a vote of 187,216 for and 192,492 against.

Comparable provisions. — Idaho Const., art. IX, § 4.

Montana Const., art. X, §§ 2, 3.

Utah Const., art. X, § 7.

Wyoming Const., art. VII, §§ 3, 5.

County taxes for school maintenance valid. — Taxes levied in county for school maintenance under Laws 1917, ch. 105 (repealed), were county taxes levied for a public purpose and did not violate this section. Raynolds v. Swope, 1922-NMSC-046, 28 N.M. 141, 207 P. 581.

"Common school current fund" appropriate name. — Although this section provides that school funds shall be kept in the "current school fund," the "common school income (now current) fund" created by 19-1-17 NMSA 1978 shall be carried in the treasurer's books and funds shall be transferred to the "common school (current) fund". 1912 Op. Att'y Gen. No. 12-947.

Section does away with previous statutory provisions on disposition of fines. — All fines must go into state treasury to credit of current school fund. This section does away with all previous statutory provisions on the subject. 1912 Op. Att'y Gen. No. 12-956.

Disposition of fines under game and fish law unconstitutional. — Laws 1912, ch. 85, § 49 (repealed), which provided that fines collected for violations of act for protection of game and fish should be sent to state treasurer and by him set aside to the "game protection fund," and § 50 (repealed), which provided that one-half of fines collected should go to state treasurer and be credited by him as aforesaid and the other half should go to persons instituting prosecution were unconstitutional insofar as they related to disposition of fines, being in direct conflict with this section requiring all fines collected under general laws to be credited to current school fund. 1915 Op. Att'y Gen. No. 15-1418.

Medical licensing fines go into current school fund. — Fines collected under Laws 1907, ch. 34 (superseded by 61-6-1 NMSA 1978 et seq., relating to licensing of doctors and surgeons), go into current school fund by virtue of this section. 1913 Op. Att'y Gen. No. 13-1030.

Proper disposition of fines levied by justices of the peace. — Justices of the peace should collect their own fines and report them to board of county commissioners who should see that such fines are paid to state treasurer for current school fund. 1937 Op. Att'y Gen. No. 37-1705.

Costs not part of fine. — Section 53-1-10, 1953 Comp. (repealed), relating to state game commission, is constitutional as it imposes costs in criminal cases which are not part of fine. 1931 Op. Att'y Gen. No. 31-259.

Payment made upon forfeiture of bond properly sent to state treasury. 1915 Op. Att'y Gen. No. 15-1680.

Fines exempt from referendum. — Under this section all fines collected by the state go to maintenance of public schools, thus falling within exemption from referendum provided in N.M. Const., art. IV, § 1. 1955 Op. Att'y Gen. No. 55-6268.

Proper disposition of escheated property. — Net proceeds of property that comes to state by escheat go into current school fund, and after expiration of a year, which is given to permit claims or administration of estate, such proceeds should be remitted to state treasurer. 1937 Op. Att'y Gen. No. 37-1795 (decided prior to 1986 amendment, inserting "unless otherwise provided by law").

Rental income from school lands goes into fund. — State superintendent of schools may no longer use income from rental, sale or lease of common school lands, but such funds must go into current school fund. 1913 Op. Att'y Gen. No. 13-1043.

Delinquent taxes provision subject to this section. — Section 72-7-32, 1953 Comp. (repealed), providing for 10% of delinquent taxes to be paid into tax commission fund, cannot divest taxes from levies for state current school fund, which must be used as provided in this section. 1939 Op. Att'y Gen. No. 39-3127.

Constitution does not require distribution of current school funds on any certain day. 1961 Op. Att'y Gen. No. 61-19 (opinion rendered prior to 1971 amendment).

Time for opening and closing schools. — County boards of education may set time for opening and closing of schools provided they comply with provisions of this section and 73-13-13, 1953 Comp. (repealed), requiring that school be maintained for at least seven months each year. 1950 Op. Att'y Gen. No. 50-5318 (opinion rendered prior to 1971 amendment).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 68 Am. Jur. 2d Schools §§ 44, 45, 87 et seq., 92 to 97.

Injunction against enforcement of illegal school tax, upon joinder of several affected thereby, 32 A.L.R. 1273, 156 A.L.R. 319.

Recovery of tax illegally exacted, judgment in favor of taxpayer for, as subject to provisions of statute regarding substance and form, manner of collection or enforcement of judgment against political unit, 101 A.L.R. 800.

Common or public school, what is, within contemplation of constitutional or statutory provisions as to taxation, 113 A.L.R. 715.

Right of other governmental unit, or officers thereof, to compensation for collecting or disbursing special school taxes levied by school district, 114 A.L.R. 1098.

Kinds or types of contractual obligations within general terms "contracts," "obligations," etc., or specific terms "bonds," "notes," etc., in statute validating or legalizing obligations of public bodies, 128 A.L.R. 1411.

Rescission of vote authorizing school district bond issue, expenditure or tax, 68 A.L.R.2d 1041.

Amount of property which may be condemned for public school, 71 A.L.R.2d 1071.

Determination of school attendance, enrollment or pupil population for purpose of apportionment of funds, 80 A.L.R.2d 953.

78 C.J.S. Schools and School Districts §§ 10, 13; 78A C.J.S. Schools and School Districts § 558 et seq.