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

SPONSOR Madalena

ORIGINAL DATE

LAST UPDATED

2/10/07

3/12/07 HB 939/aHJC/aSJC

SHORT TITLE Eastern Sandoval County Flood Control Authority SB

ANALYST Propst

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Office of the State Engineer (OSE)

SUMMARY

Synopsis of SJC Amendment

The amendment:

1.

Clarifies that all actions and business of the board must be conducted pursuant to the

Open Meetings Act.

2.

That all actions and decision of the board are deemed final and conclusive unless “if

supported by substantial evidence" unless the action or decision are arbitrary, capricious

or fraudulent.

3.

That all challenges to board action must be commenced within “sixty" days as opposed to

twenty days contained in the original bill. Applies to first publication of resolutions,

other proceedings or notice.

Synopsis of HJC Amendment

The House Judiciary Committee amendment removes the requirement that electronic voting

machines be used for any authority election.

House Bill 939/aSJC/aHJC – Page

2

Synopsis of Original Bill

House Bill 939 creates the Eastern Sandoval County Arroyo Flood Control Authority and defines

the purposes, powers duties, privileges, immunities, rights, liability and disabilities of the

authority.

FISCAL IMPLICATIONS

A voter approved property tax levy not to exceed $2 per $1000 of net taxable value for properties

in the Authorities boundaries is authorized.

SIGNIFICANT ISSUES

The bill creates a new Flood Control Authority to address flood control within the Boundaries

defined by the Act, which generally include the Town of Bernalillo and Placitas.

The Office of the State Engineer notes that HB 939 appears to be modeled upon and include all

the sections included in the Southern Sandoval County Flood Control Act, except for the

inclusion in this bill of Section 104, declaring an emergency, and providing that it is necessary

for the public peace, health and safety that this Act take effect immediately. All lands held in

trust or ownership by the federal government or an Indian Pueblo located within the boundaries

of the Authority are excluded from the authority of the Authority.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Flood control issues will continue to be addressed by Sandoval County or the Town of

Bernalillo

.

WEP/nt