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

SPONSOR Espinoza

ORIGINAL DATE

LAST UPDATED

3/5/07

HM 33

SHORT TITLE Protect Intellectual and Physical Property Rights

SB

ANALYST Leger

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Bill

House Memorial 33 requests that the Congressional Delegation of the State of New Mexico work

to protect intellectual and physical property rights.

SIGNIFICANT ISSUES

House Memorial 33 states that:

•

According to the Fifth Amendment of the United States, “nor shall private property be

taken for public use, without just compensation"

•

Kelo vs. the City of New London gave local governments and municipalities the power to

seize private property for private enterprises in order to increase tax and revenue and

stimulate economic development, not for any public use or purpose;

•

Article I, section 8 of the United States constitution states “Congress shall have the power

to…promote the progress of science and useful arts, by securing for limited times to

authors and inventors the exclusive right to their writings and discoveries;

•

State legislatures have the duty to limit both public and private infringements of private

entities’ rights to the use and enjoyment of physical and intellectual property on matters

within the authority of the legislatures, and to oppose such violations on matters outside

their authority;

House Memorial 33 – Page

2

HM 33 further reads that:

•

the House of Representatives of the State of New Mexico that governmental takings of

either physical or intellectual property for nonpublic uses or purposes, governmental

abrogation of physical or intellectual property rights without compensation and illegal

use of physical or intellectual property by private entities are violations of the

fundamental rights of the owners of physical and intellectual property; and

•

Be it further resolved that the house of representatives work to restore, protect and

enhance intellectual and physical property rights by reviewing present law and pending

legislation; and

•

Be it further resolved that the United States senate and house of representative be

instructed to restore, protect and enhance intellectual and physical property rights in

present federal law, pending federal legislation and all trade agreements; and

•

Be it further resolved that copies of this memorial be transmitted to members of the New

Mexico congressional delegation.

JL/nt