[1] NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

 

Only the most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC’s office in Suite 101 of the State Capitol Building North.

 

 

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

 

 

 

SPONSOR:

Romero

 

DATE TYPED:

02/06/02

 

HB

 

 

SHORT TITLE:

Create Guadalupe Hidalgo Treaty Department

 

SB

15/aSFC/aSFl#1

 

 

ANALYST:

Sandoval

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

 

 

 

$100.0

 

 

Recurring

General Fund

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 
LFC files

 

Responses Received

Attorney General

 

SUMMARY

 

     Synopsis of SFl#1 Amendment

 

The Senate Floor Amendment strikes the SFC amendment and restores Senate Bill 15 as originally presented.

 

     Synopsis of SFC Amendment

 

The Senate Finance Committee amendment strikes the $100.0 appropriation and changes the word “department” to “division” in the Attorney General’s office.

 

     Synopsis of Original Bill

 

Senate Bill 15 appropriates $100.0 from the general fund to the Office of the Attorney General for the purpose of creating the Guadalupe Hidalgo Treaty Department.  The department’s duty would be to review, oversee and address concerns relating to the provisions of the Treaty of Guadalupe Hidalgo that have not been implemented or observed.  The Attorney General is to report on the findings and recommendations of this department to the First Session of the Forty-Sixth Legislature. 

 

 

    Significant Issues

 

 

FISCAL IMPLICATIONS

 

The appropriation of $100.0 contained in this bill is a non-recurring expense to the general fund. Any unexpended or unencumbered balance remaining at the end of FY03 shall revert to the general fund.  Since the bill creates a new department, additional funding may be required in subsequent years. 

 

ADMINISTRATIVE IMPLICATIONS

 

Once the appropriation is available the Attorney General will have less than one year to complete an evaluation and report to the Legislature on the review of this issue.  This appropriation may provide resources to the continued effort of the Attorney General to provide administrative support to the Guadalupe Hidalgo Land Grant Task Force and assistance to the General Accounting Office of the federal government in it’s three year study of community land grant problems in New Mexico.  Appropriate experts may be needed to determine the history, origin, chain of title, current location, ownership and dispositions of specific land grants.  These investigations will require professional service contracts, travel, research and copy expenses which may be large.

 

OTHER SUBSTANTIVE ISSUES

 

The Attorney General states that the resolution of disputes concerning real property originating from Spanish and Mexican land grants is very difficult and expensive for private individuals to undertake.  There are substantial problems inherent in these issues, including the length of time that these controversies have continued.  It should not be expected that passage of this bill would solve the controversies; however, passage of this bill may result in an important definition of the scope of the land grant controversies and suggest possible solutions.

 

POSSIBLE QUESTIONS

 

1.   How is the Office of the Attorney General currently involved in the issues surrounding the Treaty of Guadalupe Hidalgo?

2.     What progress has the Guadalupe Hidalgo Land Grant Task Force made since its creation? 

 

 

3.   What is the involvement of the General Accounting Office of the federal government in the Treaty of Guadalupe Hidalgo?

4.   Exactly how does the Attorney General plan on using the appropriation in this bill?

 

JFS/ar                                                                         


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