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.

 

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

 

 

SPONSOR:

Boykin

 

DATE TYPED:

02/26/03

 

HB

430/aHENRC

 

SHORT TITLE:

Official State Reptile & Amphibian

 

SB

 

 

 

ANALYST:

Gonzales

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

Insignificant

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Conflicts/Relates to HB13

 

SOURCES OF INFORMATION

 

LFC Files

 

Responses Received From

Office of Cultural Affairs, Natural History Museum

Department of Game and Fish

 

SUMMARY

 

     Synopsis of HENRC Amendment

 

The House Energy & Natural Resources Committee amendment adds the Sandia hairstreak as the official butterfly of New Mexico.

 

     Significant Issues of Amendment

 

This bill incorporates the intentions of House Bill 13 which also proposed to adopt the “Land of Enchantment” as the official nickname of New Mexico and the Sandia hairstreak as the official butterfly of New Mexico.

 

The Department of Agriculture states the scientific name Callophrys macfarlandi should be referenced to assure the identity of the Sandia hairstreak is maintained.

 

The 2002 legislature passed House Joint Memorial 1 recommending that New Mexico consider naming the Sandia Hairstreak the official state butterfly

 

The Office of Cultural Affairs notes the following:  “While several states do have official state butterflies, New Mexico does not as yet have a butterfly within its healthy family of state symbols.  There exist several rationales for naming an official state butterfly, such as benefiting tourism through publicity efforts, possible educational opportunities, and enhancing the awareness of the importance of butterflies within our ecosystem.  These are all valid contributions.  The Sandia Hairstreak has special characteristics meaningful to New Mexico.  It is a New Mexico native, does not migrate, and remains in the environment year-round.  Also significant – the Sandia Hairstreak has not been designated the official butterfly of any other state.”

 

Identifying an official butterfly would add credibility to New Mexico among professional entomologists and may encourage additional scientific research in the state.

 

     Synopsis of Original Bill

 

House Bill 430 designates (1) “The Land of Enchantment” as the official nickname of New Mexico, (2) The New Mexico whiptail lizard as the official reptile of New Mexico, and (3) the New Mexico spadefoot toad, as the official amphibian of New Mexico.

 

     Significant Issues

 

New Mexico's state symbols include the official flower, bird, tree, fish, animal, vegetable, gem, grass, fossil, cookie, insect, and question.  Additionally, a nickname has been designated, although due to technicalities it needs to be included in legislation adding more state symbols.  

 

According to the Office of Cultural Affairs, the designations of Cnemidophorus neomexicanus as the state reptile and Spea multiplicata as the state amphibian are appropriate. Both species are typical of New Mexico and are considered distinct species by all biologists. Note that these scientific names should be italicized in accordance with normal scientific protocol

 

FISCAL and ADMINISTRATIVE IMPLICATIONS

 

Any expected fiscal and administrative impact associated with updating the New Mexico Blue Book and other informational and promotional state publications is expected to be minimal.

 

CONFLICT, RELATIONSHIP

 

See technical issues below.

 

TECHNICAL ISSUES

 

House Bill 13 proposes to adopt the “Land of Enchantment” as the official nickname of New Mexico and the Sandia hairstreak as the official butterfly of New Mexico.

 

Both House Bill 430 and House Bill 13 are proposing adding symbols to the same section of law.  This can cause a conflict if both bills pass and are signed into law as shown below:

 

Laws 1999, ch. 266, § 1, effective June 18, 1999, adding "state nickname" at the end of the section heading and adding Subsection L, adopting "The Land of Enchantment" as the official nickname of New Mexico, was approved on April 8, 1999. However, Laws 1999, ch. 271, § 1, effective June 18, 1999, adding "state question" to the end of the section heading, adding Subsection L, and making a minor stylistic change, was approved later on April 8, 1999. The section was set out as amended by Laws 1999, ch. 271, § 1. See 12-1-8 NMSA 1978. 

 

OTHER SUBSTANTIVE ISSUES

 

According to the Department of Game and Fish, these species were chosen by public vote at events sponsored by the New Mexico Herpetological Society. Both are native to New Mexico and represent species with unique lifestyles. The whiptail is an active and terrestrial lizard that prefers xeric landscapes in disturbed areas. The spadefoot is dependent upon summer monsoon rainfall for reproduction and is unique to the desert southwest.

 

JMG/sb