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

SPONSOR Garcia, M.J.

ORIGINAL DATE

LAST UPDATED

2/18/07

2/20/07 HB

SHORT TITLE Dona Ana County Land to Homeland Security

SB SJR 4

ANALYST Wilson

REVENUE (dollars in thousands)

Estimated Revenue

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

FY09

$0.1

Non-Recurring State Trust Land

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$0.1

Non-

Recurring State Trust

Land

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Commissioner of Public Lands (CPL)

Environment Department (ED)

SUMMARY

Synopsis of Bill

Senate Joint Resolution 4 grants approval to sell land in Dona Ana County to the United States

Department of Homeland Security Customs and Border Protection.

The legislature authorizes the Property Control Division (PCD) of the General Services

Department (GSD) to sell the described land at a value not less than the appraised market value

as determined by the Taxation and Revenue Department (TRD). The sale is contingent upon

federal approval.

Senate Joint Resolution 4 – Page

2

SIGNIFICANT ISSUES

SJR4 is designed to provide additional land space to support federal activities at the Santa Teresa

United States – Mexico Border Station in Dona Ana County.

Section 13-6-3 NMSA 1978 requires ratification and approval of a sale, a trade or a lease

for a period exceeding twenty-five years of state property that is valued $100,000 or more.

According to the CPL the resolution is fatally flawed:

•

The land in question is state trust land, under the management of the CPL. Title is not

held by GSD.

•

The State Land Office is not subject to Section 13-6-3. See § 13-6-3(B).

As a result, SJR 4 will have no legal effect if passed.

CPL further notes that, to date, the CPL has not received an application from GSD, the New

Mexico Office of Homeland Security, or the United States Department of Homeland Security to

acquire the state trust land in question.

ADMINISTRATIVE IMPLICATIONS

There will be some administrative impact on GSD or CPL depending on who holds title.

DW/nt