NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Madalena

 

DATE TYPED:

3/05/03

 

HB

49a/HCPAC/aHBIC/aSIAC

 

SHORT TITLE:

Medical Examiner and Deceased Indians

 

SB

 

 

 

ANALYST:

Weber

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

Minimal

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

Responses Received From

University of New Mexico-School of Medicine

Office of Medical Investigations

 

SUMMARY

 

    Synopsis of SIAC

 

The Senate Indian Affairs Committee made the following amendments.

 

  1. On page 2, line 11, after “diligence” insert “,after any legally required autopsy or post-mortem examination,”.
  2. On page 2, line 13, strike the period and insert in lieu thereof “,unless other treatment of the remains is provided for by law.”.

 

These two changes clarify that any legally required procedures must be completed prior to disposition of the remains.

 

    Synopsis of HBIC Amendment

 

The House Business and Industry Committee inserted “to be determined” on page 2, line 9 after “is”. 

 

   Synopsis of HCPAC Amendment

 

The House Consumer and Public Affairs Committee amendment changes the wording “surviving relatives” on the second page to “legal next of kin”.

 

     Synopsis of Original Bill

 

House Bill 49 adds the director of the New Mexico Office of Indian Affairs to the Board of Medical Investigators.  The bill also requires that the state medical investigator use all due diligence to consult with the surviving relatives of a deceased member of Indian nations, tribes or pueblos regarding the disposition of all the deceased’s remains.  This is to ensure the handling of the deceased conforms to the conventions and sensitivities of the relatives. 

 

FISCAL IMPLICATIONS

 

There is no appropriation contained in this bill.  The fiscal impact is minimal.  Since the medical investigator board members are not paid, the only fiscal impact would be the per diem and mileage associated with an additional member.

 

OTHER SUBSTANTIVE ISSUES

 

Current board policy requires sensitivity to cultural differences and states “The office honors the traditions Native American (tribal and pueblo), Jewish, and Muslim peoples, and attempts to stay abreast of all cultural requirements that it may encounter.”                                

 

MW/prr/njw