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

SPONSOR Zanetti

DATE TYPED 02/15/05 HB 839

SHORT TITLE Indian Education Advisory Council Membership

SB

ANALYST Chabot

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Indian Affairs (DIA)

Public Education Department (PED)

SUMMARY

Synopsis of Bill

House Bill 839 amends Section 22-23A-1 NMSA 1978 to increase the membership on the Indian

Education Advisory Council (IEAC) from fourteen to sixteen members by adding representatives

from the Pueblo of Zuni and the Pueblo of Laguna. It makes editorial changes to update the stat-

ute to recognize the Departments of Public Education and Indian Affairs.

Significant Issues

PED assesses “changes to the membership may delay the current work of the IEAC as it estab-

lishes its role through a constitution and bylaws, identifies its responsibilities and establishes the

procedures to follow as a council. The change may have political impact on other represented

tribes and agencies as they view their representation in light of this proposal. Under procedures

for appointing members to the IEAC, all nominations to the PED are considered. As such, the

Pueblo of Zuni is currently represented on the council. Tribal representation, regional location,

education interests and resume are considered when appointments are made.” DIA concurs with

this assessment.

House Bill 839 -- Page 2

FISCAL IMPLICATIONS

Expanding the council membership will result in additional per diem and travel expenses; how-

ever, these can be absorbed in the appropriation for Indian Education.

OTHER SUBSTANTIVE ISSUES

DIA adds it “was made aware of the IEAC membership issue by the Pueblo of Laguna. Subse-

quently, the IAD contacted the Indian Education Division on this matter. The understanding was

that the issue would be addressed administratively and the affected tribes would be contacted by

the Indian Education Division.”

ALTERNATIVES

PED proposes addressing the issue of membership through the IEAC.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

IEAC membership will not change.

POSSIBLE QUESTIONS

1.

Should all tribes and pueblos have representation on the IEAC.

GAC/lg