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committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

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

SPONSOR Begaye

ORIGINAL DATE

LAST UPDATED

02/17/07

02/28/07 HB 742/aHTRC/aHFl

SHORT TITLE Forensic Investigation Fees to Tribes

SB

ANALYST Williams

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Appropriation of $3,526.1 thousand in House Bill 7 version of the General

Appropriation Act.

Relates to Senate Bill 95 and House Bill 358

SOURCES OF INFORMATION

LFC Files

Responses Received From

Higher Education Department (HED)

University of New Mexico (UNM) 2007 Legislative Priorities

UNM Office of the Medical Investigator

Taxation and Revenue Department (TRD)

Department of Indian Affairs (2) (DIA)

SUMMARY

Synopsis of HFl Amendment

The House Floor Amendment to House Bill 742 removes Section 5 of the original bill which

provides for an effective date of July 1, 2007. A new section is added to provide for a contingent

enactment, so that the bill is contingent upon an appropriation to the office of the state medical

investigator for medical investigations requested by Indian nations, tribes or pueblos in the

General Appropriation Act of 2007 or other legislation enacted by the first session of the forty-

eighth legislature."

DFA would certify to the state compilation commission and the legislative council service that

House Bill 742/aHTRC/aHFl – Page

2

money to the office of the state medical investigator for those investigations has been

appropriated.

Synopsis of HTRC Amendment

The House Taxation and Revenue Committee amendment removes the appropriation.

Synopsis of Original Bill

House Bill 742 appropriates $400,000 from the general fund to the board of regents of the

University of New Mexico for expenditure in fiscal year 2008 and subsequent fiscal years for the

office of the state medical investigator to conduct forensic investigations and other services as

requested by Indian nations, tribes and pueblos located in whole or in part in New Mexico. Any

unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the

general fund.

Currently, the Office of the Medical Investigator (OMI) at the University of New Mexico

(UNM) charges fees to New Mexico Native American nations, tribes and pueblos for

investigational and autopsy services. House Bill 742 directs the office of the state medical

investigator to provide services to communities of New Mexico citizens and residents living in

the boundaries of a federally recognized Indian nation, tribe or pueblo at no charge, when those

services are requested by an Indian nation, tribe or pueblo.

The bill directs the state medical investigator to promulgate rules, guidelines and protocols for

proper forensic investigation of and the provision of other services related to deaths occurring

within the exterior boundaries of an Indian nation, tribe or pueblo, after a government-to-

government consultation. These rules are also to address the scope of:

•

ordinary and usual services provided at no fee

•

extraordinary services for which fees are assessed along with a specific schedule of

service fees.

Further, House Bill 742 authorizes the state medical investigator or a district medical investigator

to charge fees for services provided on federal military reservations. Fees are not to exceed the

cost of services.

Finally, the bill appropriates $400.0 thousand from the general fund to the board of regents of

New Mexico State University for the office of the state medical investigator to conduct forensic

investigations and other services when requested by Indian nations, tribes and pueblos located in

whole or in part in New Mexico.

The provisions of the bill would be effective July 1, 2007.

FISCAL IMPLICATIONS

The HTRC amendment removed the appropriation.

SIGNIFICANT ISSUES

According to Department of Indian Affairs, in 2005, OMI conducted 238 forensic investigation

House Bill 742/aHTRC/aHFl – Page

3

and other services for New Mexico tribal members and 66 similar services for Navajo tribal

members residing in Arizona. The cost for New Mexico OMI tribal services was $595 thousand,

while the cost for Navajo Nation tribal members residing in Arizona was $165 thousand. The

total cost for OMI tribal services in 2005 was $760 thousand.

Department of Indian Affairs also notes the cost for OMI services is determined by the location

of death. OMI provides forensic investigations and other services at no cost to the individuals or

other agencies for a person who passes away in New Mexico ---- where OMI and the State has

jurisdiction (regardless whether they are residents of the State, or legal or illegal immigrants).

Tribal governments are charged fees for services rendered.

Currently, a debt of $254.2 thousand is owed to the OMI by the Navajo Nation for these services.

Since March 2006, a moratorium has been in place on Navajo Nation investigations as a result of

that billing.

In its FIR, UNM notes the appropriation in the original bill would address autopsy and

transportation costs for about 150 investigations in FY07.

Department of Indian Affairs notes on January 1, 2007, the OMI autopsy fee will increase from

$2,500 to $2,800 and the medical staff consultation fee will increase from $350 to $400.

HED notes a base expansion request of $655.5 thousand was requested by UNM in the HED

budget process, but was not recommended for funding. According to UNM 2007 Legislative

Priorities, “over the past five years, the Office of the Medical Investigator’s (OMI) forensic

examination caseload has increased by 20.7 percent, while changes in law enforcement

compliance and litigation have placed pressure on OMI pathologists to spend more time on each

case. UNM is requesting $655,460 to hire additional staff to address the current workload."

Department of Indian Affairs notes in 2002, the state legislature made a $50.0 non-recurring

appropriation to UNM to address OMI services provided to tribes.

TECHNICAL ISSUES

UNM notes “ordinary" and “extraordinary" is determined on a case-by-case basis, and

developing codified definitions may not be appropriate.

AW/nt