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 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	McSorley		DATE TYPED	2/9/2004		HB
SHORT TITLE		Repeal Land Ownership Provision				SB	SJR 13
					ANALYST		Bransford

APPROPRIATION

Appropriation Contained		Estimated Additional Impact		Recurring or Non-Rec	Fund Affected
FY04	FY05	FY04	FY05
	NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General (AG)

SUMMARY

Synopsis of Bill

Senate Joint Resolution 13 proposes to repeal Article II, Section 22 of the New Mexico Constitution which prohibits persons other than U.S. citizens or aliens who are eligible for citizenship from owning or having an interest in real estate in New Mexico.

Significant Issues

Article II, Section 22 prohibits landownership based on citizenship not race.

The AG reports that in Article II, Section 22 landownership prohibition by certain non-citizens has been suspended by statute in Section 45-2-111 NMSA 1978. Therefore the repeal of Article II, Section 22 is warranted. The restriction is unenforceable and suspect under the U.S. Constitution, see NM AG Op. No. 63-120 (1963).

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