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.

 

The most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC 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:

Begaye

 

DATE TYPED:

  02/13/03

 

HB

151/aHJC/aHFl#1

 

SHORT TITLE:

Appoint Indian to Commissions

 

SB

 

 

 

ANALYST:

Chabot

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

LFC Files

 

Responses Received From

New Mexico Environment Department (NMED)

Office of the State Engineer (OSE)

 

SUMMARY

 

     Synopsis of HFl#1

 

House Floor Amendment Number 1 strikes “Native American” on page 2, line 2 and inserts “member of a New Mexico Indian tribe or pueblo.”

 

This was already changed by the HJC amendment described below.

 

     Synopsis of HJC Amendment

 

The House Judiciary Committee amendment changes the term “Native American” to “member of a New Mexico Indian Tribe or Pueblo” in three instances in the bill.  It does not change the intent of the original bill.

 

     Synopsis of Original Bill

 

House Bill 151 amends Section 72-14-1 NMSA 1978 and Section 74-6-3 NMSA 1978 to require a Native American be appointed to the Interstate Stream Commission (ISC) and the Water Quality Control Commission (WQCC).

 

     Significant Issues

 

Current membership of the ISC is eight members from major irrigation districts appointed by the Governor and a ninth member who is the State Engineer.  This bill would require one of the eight appointed members be a Native American.

 

Current membership of the WQCC consists of 12 members: six are secretaries or directors of state agencies, the chairman of the soil and water conservation commission, the director of the Bureau of Mines and Mineral Resources at New Mexico Institute of Mining and Technology, a municipal or county government representative, and three public representatives appointed by the Governor.  This bill would require that one of the three public representatives be a Native American.

 

NMED states that since the inception of the Water Quality Act, a number of groups have indicated a desire to designate public member slots for their particular interest group.  It is important to ensure that the commission will not become even larger and more unwieldy by granting designated public member slots.  The Governor currently has the discretion to nominate Native Americans to both of the commissions.

 

POSSIBLE QUESTIONS

 

  1. If all appointments are filled on the ISC or WQCC at the effective date of the statute, does the general have to appoint a Native American immediately or can he wait until the first open appointment to comply with the statute?

 

GAC/yr:sb/njw