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

SPONSOR Altamirano

DATE TYPED 02/08/05 HB

SHORT TITLE Hispanic Affairs Act

SB 353

ANALYST Weber

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$250.0

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Human Services Department (HSD)

Department of Health (DOH)

Economic Development Department (EDD)

Department of Finance and Administration (DFA)

SUMMARY

Synopsis of Bill

Senate Bill 353 appropriates $250.0 thousand from the general fund to create the Office of His-

panic Affairs that is administratively attached to the Human Services Department. The Governor

will appoint the director with other necessary employees subject to the provisions of the Person-

nel Act.

The Office is charged with the responsibility of studying a wide range of issues important to

Hispanics from history and culture to economic and social issues, health and teen pregnancy.

The Office shall also secure recognition of Hispanics' accomplishments, cooperate with and as-

sist public and private entities dealing with issues important to Hispanics, conduct conferences

throughout the state to inform Hispanics of opportunities in the public and private sector and en-

courage Hispanics to participate in a variety of activities important to Hispanics.

The Office shall also coordinate all state agencies' services and activities relating to Hispanics,

encourage funding for education programs, prepare and submit a budget and publish an annual

Senate Bill 353 -- Page 2

report. The Office may also promulgate rules pursuant to the State Rules Act to carry out the

duties of the Office.

Significant Issues

The Department of Health notes the following.

Currently, Hispanics comprise 42.1% of the New Mexico population; they are the overwhelm-

ingly largest “minority” population in the state, and the percentage is increasing, according to the

US Census estimate of 2003.

Health data demonstrate the disparate health outcomes relative to Hispanics in New Mexico. For

example, under the age of 65 Hispanics have higher death rates than do White non-Hispanics

(New Mexico Selected Health Statistics 2002). A recent study conducted by the Department of

Health pursuant to SJM 13 from the 2004 legislative session showed that health care providers

are not adequately prepared to:

Provide services to patients whose language and culture are different from their own; and

Provide services that are culturally appropriate for the patients they serve.

This is particularly true where language and cultural differences exist, such as is the case for

Hispanics.

FISCAL IMPLICATIONS

The appropriation of $250 thousand 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.

OTHER SUBSTANTIVE ISSUES

The Department of Finance and Administration contributes.

It is not clear why this new agency is attached to the Human Services Department (HSD) nor is it

clear what HSD's responsibility would be. If the funding for the Office of Hispanic Affairs is to

hire staff, then that should include staff to perform administrative functions so HSD would not

have to assume any administrative burden. SB 353 is very ambitious in the number and intent of

duties assigned to the new office. The appropriation would only allow for a small staff after a

director is chosen and it is doubtful that this staff could perform all the duties anticipated by this

legislation.

SB 353 calls for the new Office to function as the coordinating office for all services and activi-

ties of state agencies and programs pertaining to Hispanics. Combined with the agency's ability

to promulgate rules, this function may seriously conflict with any other programs underway in

other agencies. There are many programs that "pertain" to Hispanics either directly or indirectly.

Such an agency might concern itself primarily with programs that are "unique" to Hispanics to

minimize conflicting with existing programs.

MW/yr