NOTE: As provided in LFC policy, this report is intended 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.



The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.



Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Room 416 of the State Capitol Building.





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





SPONSOR: Lujan DATE TYPED: 3-1-99 HB 854
SHORT TITLE: Tribal Assistance Act SB
ANALYST: Taylor


REVENUE



Estimated Revenue
Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY99 FY2000
n.a. $ 1,538.0 $ 1,538.0 Recurring Tribal Assistance
n.a. $ (1,538.0) $ (1,538.0) Recurring General Fund

(Parenthesis ( ) Indicate Revenue Decreases)



Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

Taxation and Revenue Department (TRD)



SUMMARY



Synopsis of Bill



House Bill 854, the Tribal Assistance Act, creates the tribal assistance fund and provides for an annual distribution to the fund. The distribution to the fund is equal to 3 percent of compensating tax revenue. The fund is to be administered by the Department of Finance and Administration, Local Government Division.



The annual distribution to a tribe is calculated at $10 dollars per tribal member, with a minimum distribution of $20 thousand. The distribution to the Navajo nation is to be further distributed to the tribal government to its New Mexico chapters in proportion to their population. The tribe may use the money for any tribal government purpose. Undistributed amounts in the trial assistance fund revert to the general fund.



FISCAL IMPLICATIONS



TRD reports that this bill would result in the redistribution of $1.5 million in revenue from the state's general fund to the tribal assistance fund. The revenue estimate is based on the 1997 census bureau estimate that there are 158 thousand native Americans in New Mexico. TRD notes that some unknown percentage of native Americans live outside the reservation boundaries, so the state would likely see a reversion if the tribal assistance fund were fully funded.



TECHNICAL ISSUES



TRD raises technical questions as to when the redirection of revenue should begin. See TRD FIR for details.



ADMINISTRATIVE IMPLICATIONS



TRD reports no administrative impact. There may be a small administrative impact on the Department of Finance and Administration, Local Government Division, but the Department did not issue a report on that matter.



BT/gm