Fiscal impact
reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for
standing finance committees of the NM Legislature. The LFC does not assume
responsibility for the accuracy of these reports if they are used for other
purposes.
Current FIRs (in
HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us). Adobe PDF versions include all attachments,
whereas HTML versions may not.
Previously issued FIRs and attachments may also be obtained from the LFC
in
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SHORT
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State Ownership of |
SB |
SJM10\aSRC |
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ANALYST |
Johnson |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY04 |
FY05 |
FY04 |
FY05 |
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See
Narrative |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Duplicates HJM 15
LFC Files
Responses Received From
Energy, Minerals, and Natural Resources
Department (EMRND)
State Land Office (SLO)
SUMMARY
Synopsis
of SRC Amendment
The Senate Rules Committee amendment adds “,
records and archives” after each reference to the office of cultural
affairs. Presumably, the purpose of the
amendment is to involve the State Commission on Public Records. However, the state library, a division in the
office of cultural affairs, contains several records and archives functions. The purpose of the amendment is to engage additional
expertise, yet it is unclear which agency will provide the expertise.
Synopsis of Original Bill
Senate Joint Memorial
10 directs the office of cultural affairs and the office of the attorney general
to work with other federal and state agencies to conduct a study to determine
the extent to which lands that were formally part of the common lands of a land
grant-merced now belong to the state and how the land was obtained or acquired
by the state. The results of the study
are to be reported to the legislature not later than
Significant
Issues
The Energy, Minerals,
and Natural Resources Department reports that there could be a significant
impact to public lands in the state depending on the findings. Agencies, including state parks, whose land
holdings might be impacted may lose capital investment, revenue sources, and
other resources.
The State Land Office reports that as far the
SLO is aware, no state trust lands granted to New Mexico by the United States
government as part of the creation of New Mexico as a state were formerly part
of a Spanish or Mexican land grant.
According to the New Mexico Department of Transportation,
the terms “dishonestly, unjustly, or illegally” are too general and could cause
the possible return of much state-owned land, including highway
right-of-way. If the right-of-way
acquisitions are determined to be ‘unjust’, even if legal, the State might be
required to pay twice for the property.
FISCAL IMPLICATIONS
EMNRD reports the
fiscal implications could be significant if any state owned lands are identified
as meeting the criteria for return to the land grant heirs. If the lands were transferred from the state
parks division, revenues from the park would be lost. Additionally, state park lands include
improvements funded by the taxpayers and, presumably, those would be
transferred with the land.
ADMINISTRATIVE IMPLICATIONS
NMDOT reports the lack
of definitions or standards for “unjust or dishonest” property acquisitions
would cause implementation problems.
The joint memorial
does not contain an appropriation.
However, staff time and agency resources, which are not currently in the
budget, would be necessary to complete this study.
AMENDMENTS
State parks division requested exemption of state parks from this bill.
CJJ/yr