NOTE: As provided in LFC policy, this report is intended 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 in any other situation.



Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.





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





SPONSOR: Madalena DATE TYPED: 02/15/01 HB 423
SHORT TITLE: Use of Zia Symbol SB
ANALYST: Woodlee


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY01 FY02 FY01 FY02
$ 50.0 Non-Recurring General Fund



(Parenthesis ( ) Indicate Expenditure Decreases)



SOURCES OF INFORMATION



Attorney General

Office of Indian Affairs



SUMMARY



Synopsis of Bill



House Bill 423 appropriates $50.0 from the general fund to the New Mexico Office of Indian Affairs for the purpose of facilitating a process between the Pueblo of Zia and a negotiating team to determine how the pueblo shall be compensated for use of its sacred sun symbol since 1925.



Significant Issues



The bill specifies that a six-member negotiating team will be responsible for working out the details. The negotiating team will be appointed by the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. Each will have two appointments. In addition, the bill provides that the team shall negotiate the appropriate wording for an acknowledgment and apology from the state for the unauthorized use of the Zia sun symbol. Also, the team will negotiate an authorized and just compensation to the pueblo for a license for the future use of the sacred Zia sun symbol. According to the Attorney General's office, there may be a possibility of future litigation if the state acknowledges fault or apologizes.



FISCAL IMPLICATIONS



The appropriation of $50.0 contained in this bill is a recurring expense to the general fund. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.



MW/njw