[1] 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 in any other situation.

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

SPONSOR:	Watchman		DATE TYPED:	02/04/02		HB	435
SHORT TITLE:		Forensic Investigations on Tribal Lands				SB
					ANALYST:		Baca

APPROPRIATION

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

$225.0

Recurring

General Fund

(Parenthesis) Indicate Expenditure Decreases)

Relates to Appropriation in The General Appropriation Act

Identical to SB 374

SOURCES OF INFORMATION

Commission on Higher Education (CHE)

LFC Files

SUMMARY

Synopsis of Bill

House Bill 435 appropriates $225.0 to the Board of Regents of the University of New Mexico (UNM) for expenditure in FY2003 to conduct forensic investigations and related services as requested by Indian nations, tribes or pueblos 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 $225.0 contained in this bill is a recurring expense to the general fund Any unexpended or unencumbered balance remaining at the end of FY2003shall revert to the general fund.

According to the LFC staff analysis of an identical bill introduced during the 2001 session, the OMI reported that actual amounts billed to tribal governments for forensic services over a three year period were: FY98, $188.3, FY99, $151.9, FY00190.9, and projected 221.5 for FY01.

OTHER SIGNIFICANT ISSUES

The following is provided for information only. It is not intended as a commentary on the merits of the bill:

This request was not included in UNM’s budget request to the CHE. Consequently, it was not reviewed nor recommended by the CHE.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

House Bill 435 duplicates Senate Bill 374, Forensic Investigations on Tribal Land. HB 435 relates to HB 2, the General Appropriation Act, which includes the appropriation for UNM.

LB/ar