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

SPONSOR:	Tsosie		DATE TYPED:	02/27/01		HB
SHORT TITLE:		Forensic Investigations on Tribal Land				SB	698/aSIAC
					ANALYST:		Fernandez

APPROPRIATION

Appropriation Contained		Estimated Additional Impact		Recurring or Non-Rec	Fund Affected
FY01	FY02	FY01	FY02	Recurring or Non-Rec	Fund Affected
	$ 225.0			Recurring	G/F

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates HB809

SOURCES OF INFORMATION

Commission on Higher Education (CHE)

SUMMARY

Synopsis of SIAC Amendment

The Indian and Cultural Affairs Committee amendment increases the appropriation to $225.0 and makes corrections addressed under Technical Issues.

Synopsis of Original Bill

Senate Bill 698 appropriates $150.0 from the general fund to the University of New Mexico, Office of the Medical Examiner to conduct forensic investigations and related services as requested on tribal land in New Mexico.

Significant Issues

According to Office of the Medical Investigator, as part of the criminal investigation process they are authorized to conduct mandatory autopsies only where state law is applicable. Since tribal lands are outside the statutory jurisdiction of the state, they do provide forensic services to tribes when invited to do so, but must charge for the services.

FISCAL IMPLICATIONS

The appropriation of $150.0 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.

OMI provided the following actual amounts billed to tribal governments over the past 3 years for forensic services: FY98, $188.3; FY99, $151.9; FY00 $190.9 and FY01, $221.5 (projected).

DUPLICATION

This bill duplicates HB809.

TECHNICAL ISSUES

The bill should be amended to reflect the correct name which is Office of Medical Investigator.

OTHER SUBSTANTIVE ISSUES

CHE indicates that in addition to New Mexico tribal organizations, OMI bills other organizations such as Bureau of Indian Affairs and the Federal Bureau of Investigations, which request forensic investigations on tribal lands.

CTF/njw:ar