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

SPONSOR Trujillo

ORIGINAL DATE

LAST UPDATED

1-31-2007

HB 439

SHORT TITLE Labor Monument Design Competition

SB

ANALYST Dearing

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$25.0 Nonrecurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Labor (DOL)

Cultural Affairs Department (CAD)

SUMMARY

Synopsis of Bill

House Bill 439 appropriates $25 thousand from the general fund to department of Cultural

Affairs for the purpose of commissioning a statewide design competition to design for a

monument to honor the history of labor and working people in New Mexico.

FISCAL IMPLICATIONS

The appropriation of $25 thousand contained in this bill is a nonrecurring expense to the General

Fund for expenditure in FY08 and FY09. Any unexpended or unencumbered balance remaining

at the end of FY09 shall revert to the General Fund.

While House Bill 439 would provide funding for a competitive design process, the bill does not

mention other costs that would arise from the bill’s enactment. Specifically, the scale or scope of

the monument to New Mexico’s labor and worker history was not included in information

House Bill 439 – Page

2

submissions from Cultural Affairs department and the Department of Labor. It is unknown what

the related capital outlay costs in conjunction with enactment of this legislation are at this point.

SIGNIFICANT ISSUES

Sections 13-4A-1 through 13-4A-11 NMSA 1978; the "Art in Public Places Act," establishes that

a portion of capital outlay be used to fund art within newly constructed or re-modeled state

structures. The statute directs the lesser of 1% or $200 thousand of capital project funding

towards purchases of artwork. New Mexico Arts, a division of the Cultural Affairs Department,

administers the state’s Art in Public Places program. House Bill 439 proposes monument to

labor that would fall under this program and its mission.

According to the Cultural Affairs department, an appropriation of $25,000 would be an irregular

project. The New Mexico Arts division’s AIPP usually commissions artwork at the $30,000 level

or higher.

ADMINISTRATIVE IMPLICATIONS

New Mexico Arts received more that 1,000 capital outlay appropriations during the 2006 NM

Legislative Session; in conjunction with the Art in Public Places Program.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

If House Bill 439 is not enacted, this design competition would not be funded through general

fund dollars.

PD/nt