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: McSorely DATE TYPED: 02/21/01 HB
SHORT TITLE: Allow Non-Citizens to Own Land SB SJR 22
ANALYST: Burch


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY01 FY02 FY01 FY02
** ** Nonrecurring General Fund



(Parenthesis ( ) Indicate Expenditure Decreases)



** Please see Fiscal Implications section of this report.



Duplicates House Joint Resolution 29

SOURCES OF INFORMATION



LFC files

Attorney General

State Engineer



SUMMARY



Synopsis of Bill



Senate Joint Resolution 22 proposes to repeal Section 22 of Article 2 of the New Mexico Constitution which currently prohibits aliens from owning land or any interest in land in the state unless otherwise provided by law.



Significant Issues



Section 45-2-111 NMSA 1978, originally enacted in 1975 and amended in 1993, permits aliens who are ineligible for U.S. citizenship to acquire interests in real estate in New Mexico and suspends the constitutional prohibition. If adopted, the proposed repeal of the prohibition would not significantly affect the current ability of aliens covered by Section 22 of Article 2 of the New Mexico Constitution to acquire interests in real estate. However, this constitutional provision would remain and become effective should the statutory provisions suspending the prohibition be repealed.





FISCAL IMPLICATIONS



The next general election that would include constitutional questions on the ballot will be in November 2002. The Secretary of State reports it costs $30.0 to place an item on the ballot. Included in the cost is: (1) the publishing of constitutional amendments in English and Spanish for four consecutive weeks in one newspaper in each county of the state; (2) the oral translation and radio broadcast into the Native American languages of Tewa, Tiwa, Towa, Keres, Zuni, Mescalero Apache, Jicarilla Apache and Navajo; and (3) the printing of amendments booklets in English and Spanish (including Spanish language translation cost) and distribution to all county clerks (100,000 booklets were printed for 2000 general election). Therefore, there would be a nonrecurring cost to the general fund of $30.0 in FY03. There is no appropriation contained in the bill for this purpose.



DKB/prr