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F I S C A L I M P A C T R E P O R T
SPONSOR Begaye
DATE TYPED 3/2/05
HB 768/aHCPAC
SHORT TITLE Navajo Code Talker Documentary
SB
ANALYST Rosen
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
$150.0
Indeterminate Recurring General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates SB751
SOURCES OF INFORMATION
LFC Files
Responses Received From
Tourism Department (TD)
Department of Indian Affairs (DIA)
Department of Military Affairs (DMA)
Economic Development Department (EDD)
Veterans’ Service Department (VSD)
Department of Cultural Affairs (DCA)
SUMMARY
Synopsis of HCPAC Amendment
The House Consumer and Public Affairs Committee amendment directs the appropriation re-
quest to the DIA as opposed to the EDD. The DIA will work with public and private donors to
produce a documentary on Navajo Code Talkers’ contributions during WWII within the context
of the history of the Navajo Nation before and after the war.
Synopsis of Original Bill
House Bill 768 appropriates $150.0 from the general fund to EDD for expenditure in FY05 and
pg_0002
House Bill 768/aHCPAC -- Page 2
FY06 to work with other public and private donors to produce a documentary on the contribu-
tions of Navajo code talkers during World War II.
Significant Issues
DCA reports the topic of Navajo Code Talkers has been dealt with extensively in print and film
formats through fiction (Hollywood) movies, government documentaries, as well as private
documentaries (PBS). Unless new angles and aspects, new documentation, or new participants
are considered, DCA indicates this proposed project may be a duplication of earlier works. Al-
though there have been no Code Talker documentaries made from the Navajo historical perspec-
tive, the original, award-winning documentary on Code Talkers was produced by Museum of
New Mexico videographer Tom McCarthy under the auspices of the DCA.
EDD does not produce films; EDD’s Film Office markets the state’s film production and training
incentives to bring film productions to the state of New Mexico.
The State Investment Council (SIC) offers financing options to prospective film makers who are
willing to conduct principal photography in the state and agree to hire a majority of New Mexi-
cans to work on the production.
TD indicates its marketing department has the capability and expertise necessary to produce
high-quality documentaries.
FISCAL IMPLICATIONS
The appropriation of $150.0 contained in this bill is a recurring expense to the general fund. Any
unexpended or unencumbered balance remaining at the end of FY06 shall revert to the general
fund.
ADMINISTRATIVE IMPLICATIONS
EDD does not have the staff or expertise to produce film documentaries.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Duplicates SB751
OTHER SUBSTANTIVE ISSUES
According to DIA, when the Japanese attacked Pearl Harbor on December 17, 1941, U.S. Intelli-
gence set out on a search for a new means to counter the Japanese. Consequently, the U.S. gov-
ernment called upon the Navajo Nation to support the military effort by recruiting and enlisting
twenty-nine Navajo men to develop a code using the Navajo language to communicate military
messages in the Pacific. Subjected to alienation in their own homelands and discouraged from
speaking their native language, these Navajo men rose to the challenge. The code they devel-
oped proved to be unbreakable and was considered the most significant and successful military
code of the time. The use of the Navajo code was credited in saving the lives of American sol-
diers and in the success of the U.S. engagements in other wars.
pg_0003
House Bill 768/aHCPAC -- Page 3
DIA notes that on December 22, 2000, the Honoring the Navajo Code Talkers Act was signed
into law, which authorized the President of the United States to award each of the twenty-nine
Navajo Code Talkers a gold medal and a silver medal to other Navajo men who later qualified as
Navajo Code Talkers (Pub.L. No. 106-554).
DIA indicates this bill provides an opportunity for New Mexico to be part of history by sharing
the contributions and achievements of the Navajo Code Talkers with people throughout the
world. Part of this effort would involve the state partnering with the Navajo Nation in research-
ing and telling the history of the Navajo Nation before and after World Ward II. A Navajo Code
Talkers documentary may also bring economic benefits to the state and to the Navajo Nation.
DIA notes American Indians have served with distinction in U.S. military actions for more than
200 years. American Indians continue to play a major role in the armed services with nearly
11,000 on active duty today (Census 2000). Their heroic military contributions and courage are
well documented and this bill would only further honor the Navajo Code Talkers with a docu-
mentary on their contributions to the country.
DMA indicates it supports any legislation that benefits or highlights the service of New Mexico
veterans.
ALTERNATIVES
Make the appropriation to DIA, SIC, or TD to rely upon their expertise in Indian affairs, film fi-
nancing, or producing film documentaries, respectively.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.
DIA believes that, without this initial funding, the opportunity to share the history of New Mex-
ico’s American Indians’ military service to the U.S. may be lost.
DCA indicates the Navajo historical perspective would not be represented in a film about Navajo
Code Talkers.
JR/njw:lg