N.M. Const. art. XIV, § 3
Each of said institutions shall be under such control and management as may be provided by law. (As amended September 20, 1955.)
The 1955 amendment, which was proposed by S.J.R. No. 20 (Laws 1955) and adopted at a special election held on September 20, 1955, by a vote of 18,407 for and 12,344 against, completely rewrote this section. Prior to amendment, this section read: "Each of said institutions shall be under the control and management of a board whose title, duties and powers shall be as may be provided by law. Each of said boards shall be composed of five members who shall hold office for the term of four years, and shall be appointed by the governor by and with the consent of the senate, and not more than three of whom shall belong to the same political party at the time of their appointment."
Comparable provisions. — Idaho Const., art. X, §§ 1, 5.
Extent legislature can alter control and management. — Legislature may alter control and management of institutions except that it cannot change number of members on board nor power of appointment which is in the governor, nor could it provide that all board members may be of same political party. 1960 Op. Att'y Gen. No. 60-26 (opinion construes section as it read before 1955 amendment).
No amendment necessary should land grant beneficiary move. — So long as the seven institutions named in N.M. Const., art. XIV, § 1, remain named as the land grant beneficiaries, no amendment of that section is necessary should one of the institutions move to another location. 1980 Op. Att'y Gen. No. 80-16.
Hospital entitled to funds if remains essentially as defined. — If the Carrie Tingley crippled children's hospital should move from Truth or Consequences to another location, but, nevertheless, remain essentially the institution defined in N.M. Const., art. XIV, § 1, it would retain its entitlement to the funds derived from lands granted under the Enabling Act. 1980 Op. Att'y Gen. No. 80-16.
Authority to move penitentiary out of Santa Fe. — "The penitentiary at Santa Fe" is merely descriptive and not mandatory language. Under the broad powers granted by 33-2-2 and 33-2-5 NMSA 1978 to sell real, personal or mixed property, penitentiary commissioners have authority to move penitentiary out of county of Santa Fe if in their judgment they deem it necessary and proper for the operation and management of the penitentiary. 1953 Op. Att'y Gen. No. 53-5628.