0001| SENATE BILL 193 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| MICHAEL S. SANCHEZ | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO HUNTING LICENSES; IMPOSING LIMITATIONS ON THE NUMBER | 0013| OF CERTAIN HUNTING LICENSES TO BE ISSUED TO NONRESIDENTS; | 0014| ESTABLISHING CRITERIA FOR THE DESIGNATION OF HIGH-DEMAND UNITS; | 0015| DECLARING AN EMERGENCY. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 17-3-16 NMSA 1978 (being Laws 1964 (1st | 0019| S.S.), Chapter 17, Section 7) is amended to read: | 0020| "17-3-16. FUNDS--SPECIAL DRAWINGS FOR LICENSES.-- | 0021| A. The director of the department of game and | 0022| fish may provide special envelopes and application blanks where | 0023| a drawing is to be held to determine the persons to receive | 0024| licenses. Money required to be submitted with these | 0025| applications, if enclosed in the special envelopes, need not be | 0001| deposited with the state treasurer but may be held by the | 0002| director until the successful applicants are determined. At | 0003| that time, the fees of the successful applicants shall be | 0004| deposited with the state treasurer and the fees submitted by the | 0005| unsuccessful applicants shall be returned to them. | 0006| B. No more than ten percent of the licenses issued | 0007| by hunt code in each unit for special drawings on public land | 0008| may be issued to nonresidents. | 0009| C. The fee for a nonresident license for a special | 0010| drawing in a high-demand hunt shall be assessed at the same rate | 0011| as a license for nonresident quality elk or deer. As used in | 0012| this subsection, "high-demand hunt" means: | 0013| (1) a hunt where the total number of | 0014| nonresident applicants for a hunt code in each unit exceeds | 0015| twenty percent based on data for two successive years beginning | 0016| with the 1994 application data; and | 0017| (2) an additional hunt code designated by the | 0018| department as a quality hunt." | 0019| Section 2. EFFECTIVE DATE.--The effective date of the | 0020| provisions of this act is April 1, 1996. | 0021| Section 3. EMERGENCY.--It is necessary for the public | 0022| peace, health and safety that this act take effect immediately. | 0023| - 2 - | 0024| | 0025| | 0001| FORTY-SECOND LEGISLATURE | 0002| SECOND SESSION, 1996 | 0003| | 0004| | 0005| JANUARY 24, 1996 | 0006| | 0007| Mr. President: | 0008| | 0009| Your COMMITTEES' COMMITTEE, to whom has been referred | 0010| | 0011| SENATE BILL 193 | 0012| | 0013| has had it under consideration and finds same to be GERMANE, PURSUANT | 0014| TO CONSTITUTIONAL PROVISIONS, and thence referred to the | 0015| CONSERVATION COMMITTEE. | 0016| | 0017| Respectfully submitted, | 0018| | 0019| | 0020| | 0021| | 0022| __________________________________ | 0023| SENATOR MANNY M. ARAGON, Chairman | 0024| | 0025| | 0001| | 0002| Adopted_______________________ Not Adopted_______________________ | 0003| (Chief Clerk) (Chief Clerk) | 0004| | 0005| | 0006| Date ________________________ | 0007| | 0008| | 0009| | 0010| S0193CC1 | 0011| | 0012| FORTY-SECOND LEGISLATURE SB 193/a | 0013| SECOND SESSION, 1996 | 0014| | 0015| | 0016| February 1, 1996 | 0017| | 0018| Mr. President: | 0019| | 0020| Your CONSERVATION COMMITTEE, to whom has been referred | 0021| | 0022| SENATE BILL 193 | 0023| | 0024| has had it under consideration and reports same with recommendation that | 0025| it DO PASS, amended as follows: | 0001| | 0002| 1. On page 1, lines 13 and 14 strike "; DECLARING AN EMERGENCY". | 0003| | 0004| 2. On page 2, line 19, strike "1996" and insert in lieu therof | 0005| "1997". | 0006| | 0007| 3. On page 2, strike lines 20 and 21, | 0008| | 0009| and thence referred to the FINANCE COMMITTEE. | 0010| | 0011| Respectfully submitted, | 0012| | 0013| | 0014| | 0015| __________________________________ | 0016| Tom R. Benavides, Chairman | 0017| | 0018| | 0019| | 0020| Adopted_______________________ Not Adopted_______________________ | 0021| (Chief Clerk) (Chief Clerk) | 0022| | 0023| | 0024| Date ________________________ | 0025| | 0001| | 0002| The roll call vote was 4 For 1 Against | 0003| Yes: 4 | 0004| No: Lyons | 0005| Excused: Rutherford, Tsosie, Vernon, Wray | 0006| Absent: 0 | 0007| | 0008| S0193CO1 | 0009| | 0010| FORTY-SECOND LEGISLATURE | 0011| SECOND SESSION, 1996 | 0012| | 0013| | 0014| February 11, 1996 | 0015| | 0016| Mr. President: | 0017| | 0018| Your FINANCE COMMITTEE, to whom has been referred | 0019| | 0020| SENATE BILL 193, as amended | 0021| | 0022| has had it under consideration and reports same with recommendation that | 0023| it DO NOT PASS, but that | 0024| | 0025| SENATE FINANCE COMMITTEE SUBSTITUTE FOR | 0001| SENATE BILL 193 | 0002| | 0003| DO PASS. | 0004| Respectfully submitted, | 0005| | 0006| | 0007| | 0008| __________________________________ | 0009| Ben D. Altamirano, Chairman | 0010| | 0011| | 0012| Adopted_______________________ Not Adopted_______________________ | 0013| (Chief Clerk) (Chief Clerk) | 0014| | 0015| | 0016| Date ________________________ | 0017| | 0018| | 0019| The roll call vote was 10 For 0 Against | 0020| Yes: 10 | 0021| No: 0 | 0022| Excused: Duran, Kysar, Nava | 0023| Absent: None | 0024| | 0025| | 0001| S0193FC1 | 0002| SENATE FINANCE COMMITTEE SUBSTITUTE FOR | 0003| SENATE BILL 193 | 0004| 42nd legislature - STATE OF NEW MEXICO - second session, 1996 | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| AN ACT | 0013| RELATING TO HUNTING LICENSES; IMPOSING LIMITATIONS ON THE NUMBER | 0014| OF CERTAIN HUNTING LICENSES TO BE ISSUED TO NONRESIDENTS; | 0015| ESTABLISHING CRITERIA FOR THE DESIGNATION OF HIGH-DEMAND UNITS; | 0016| IMPOSING REQUIREMENTS CONCERNING GUIDES AND OUTFITTERS; | 0017| AMENDING, REPEALING AND ENACTING CERTAIN SECTIONS OF THE NMSA | 0018| 1978. | 0019| | 0020| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0021| Section 1. Section 17-3-16 NMSA 1978 (being Laws 1964 (1st | 0022| S.S.), Chapter 17, Section 7) is amended to read: | 0023| "17-3-16. FUNDS--SPECIAL DRAWINGS FOR LICENSES.-- | 0024| A. The director of the department of game and fish | 0025| may provide special envelopes and application blanks ~~[where]~~ | 0001| when a special drawing is to be held to determine the | 0002| persons to receive licenses. Money required to be submitted | 0003| with these applications, if enclosed in the special envelopes, | 0004| need not be deposited with the state treasurer but may be held | 0005| by the | 0006| director until the successful applicants are determined. At | 0007| that time, the fees of the successful applicants shall be | 0008| deposited with the state treasurer and the fees submitted by the | 0009| unsuccessful applicants shall be returned to them. | 0010| B. Beginning with the licenses issued from a special | 0011| drawing for a hunt code on public lands that commences on or | 0012| after April 1, 1997: | 0013| (1) seventeen percent of the licenses shall be | 0014| issued to nonresidents. Except for antelope and javelina | 0015| licenses, each nonresident applicant shall, at the time of | 0016| submission of the application for the license, sign the | 0017| application and identify the registration number of the New | 0018| Mexico registered outfitter who will be used with the hunting | 0019| party that includes the nonresident. The nonresident shall be | 0020| required to contract for outfitting services with the New Mexico | 0021| registered outfitter identified in the application. Except for | 0022| antelope and javelina licenses, the nonresident shall not be | 0023| allowed to hunt with a license issued from a drawing for a hunt | 0024| on public lands without utilizing and being physically | 0025| accompanied on the hunt by the New Mexico registered outfitter | 0001| identified in the application, or one of that outfitter's | 0002| guides; provided, however, that this requirement shall not apply | 0003| to lands under the control of the federal military if the military | 0004| objects to it. In a hunt covered by this paragraph that requires a | 0005| New Mexico registered guide, there shall be at least one New Mexico | 0006| registered guide or outfitter accompanying every four or fewer | 0007| nonresident hunters; | 0008| (2) three percent of the licenses shall be issued to | 0009| individuals listed on an application where at least two of the | 0010| applicants are residents and no more than two of the applicants are | 0011| nonresidents. Each resident must be a New Mexico resident for at | 0012| least one year prior to submitting the application. Nonresidents | 0013| listed on such applications shall not be required to utilize the | 0014| services of a registered New Mexico guide or outfitter, provided | 0015| the nonresidents are physically accompanied on the hunt for that | 0016| hunt code by the residents listed on the application; and | 0017| (3) eighty percent of the licenses shall be issued | 0018| to residents of New Mexico. | 0019| C. If the number of nonresidents who apply for licenses | 0020| pursuant to the provisions of Paragraphs (1) and (2) of Subsection | 0021| B of this section does not constitute the allocated percentages | 0022| identified in those provisions for a hunt code, then all of the | 0023| nonresident applicants shall be granted licenses, and the remainder | 0024| of the licensees shall be made available to residents for the | 0025| special drawing for that hunt code. | 0001| D. If the determination of seventeen percent or three | 0002| percent in Paragraphs (1) and (2) of Subsection B of this section | 0003| yields a fraction of: | 0004| (1) five-tenths or greater, the number of licenses | 0005| to be issued shall be rounded up to the next whole number; and | 0006| (2) less than five-tenths, the number of licenses | 0007| shall be rounded down to the next whole number. | 0008| E. The fee for a nonresident license for a special | 0009| drawing in a high-demand hunt covered in Subsection B of this | 0010| section shall be assessed at the same rate as a license for | 0011| nonresident quality elk or quality deer. As used in this | 0012| subsection, "high-demand hunt" means: | 0013| (1) a hunt where the total number of nonresident | 0014| applicants for a hunt code in each unit exceeds twenty percent of | 0015| the total applicants based on data for the two immediately | 0016| preceding years; or | 0017| (2) an additional hunt code designated by the | 0018| department as a quality hunt." | 0019| Section 2. Effective June 30, 1999, Section 17-3-16 NMSA 1978 | 0020| (being Laws 1964 (1st S.S.), Chapter 17, Section 7, as amended by | 0021| Section 1 of this act) is repealed and a new Section 17-3-16 NMSA | 0022| 1978 is enacted to read: | 0023| "17-3-16. [NEW MATERIAL] FUNDS--SPECIAL DRAWINGS FOR | 0024| LICENSES.--The director of the department of game and fish may | 0025| provide special envelopes and application blanks when a special | 0001| drawing is to be held to determine the persons to receive licenses. | 0002| Money required to be submitted with these applications, if enclosed | 0003| in the special envelopes, need not be deposited with the state | 0004| treasurer but may be held by the director until the successful | 0005| applicants are determined. At that time, the fees of the | 0006| successful applicants shall be deposited with the state treasurer | 0007| and the fees submitted by the unsuccessful applicants shall be | 0008| returned to them." | 0009| Section 3. A new section of Chapter 17 NMSA 1978 is enacted | 0010| to read: | 0011| "[NEW MATERIAL] DEFINITIONS.--For the purposes of Chapter | 0012| 17 NMSA 1978: | 0013| A. "hunt code" means a description used to identify and | 0014| define the species, weapon type and time frame authorized for a | 0015| specific hunt; | 0016| B. "outfitter" or "guide" means a person who advertises | 0017| or holds himself out to the public for hire or is employed or | 0018| accepts compensation for providing, within the unit where a hunt | 0019| occurs, facilities, equipment or services for hunting activities; | 0020| provided, however, that "outfitter" or "guide" does not include a | 0021| person who only cooks, cuts wood or performs other comparable or | 0022| incidental duties not directly related to hunting activities; and | 0023| C. "unit" means a geographically bound area in the state | 0024| that is used to manage game species." | 0025| Section 4. A new section of Chapter 17 NMSA 1978 is enacted | 0001| to read: | 0002| "[NEW MATERIAL] STATEWIDE SYSTEM FOR HUNTING ACTIVITIES.--The state game commission shall develop a statewide system for | 0003| hunting activities that increases participation by New Mexico | 0004| residents and considers hunter safety, quality hunts, high demand | 0005| areas, guides and outfitters, quotas and local and financial | 0006| interests." | 0007| Section 5. A new section of Chapter 17 NMSA 1978 is enacted | 0008| to read: | 0009| "[NEW MATERIAL] HUNTING GUIDES AND OUTFITTERS.-- | 0010| A. Effective April 1, 1997, it is unlawful to be a | 0011| hunting guide or outfitter in New Mexico without being registered, | 0012| except for a private landowner or his authorized agent who outfits | 0013| or guides pursuant to a landowner permit issued by the department | 0014| of game and fish for the landowner's property or for the | 0015| landowner's shared private and public unit. | 0016| B. The state game commission shall adopt regulations by | 0017| September 1, 1997 to govern the granting of non-interim | 0018| registration, permits and certificates to hunting guides and | 0019| outfitters and to regulate the operations and professional conduct | 0020| of registered hunting guides and outfitters. Regulations shall be | 0021| adopted in accordance with the following procedures and standards: | 0022| (1) the commission shall establish dates and | 0023| locations for a public hearing and provide reasonable prior public | 0024| notice of a hearing. A public hearing shall be held at a place | 0025| within any quadrant of the state affected by the proposed | 0001| regulation when the commission determines there is substantial | 0002| public interest in holding a hearing in that quadrant; | 0003| (2) a hearing shall be held within six months of the | 0004| date a proposed regulation is issued; | 0005| (3) notice of a hearing shall: | 0006| (a) include the date, time and location of the | 0007| hearing; | 0008| (b) include a statement of the recommended | 0009| action; | 0010| (c) include an indication of the location and | 0011| availability of the public file on the regulation; | 0012| (d) indicate where and by what date written and | 0013| oral comments and testimony may be received; and | 0014| (e) specify that the public record shall remain | 0015| open for comments for thirty days after the date of the final | 0016| hearing; and | 0017| (4) the commission shall make its decision and take | 0018| action based upon relevant and reliable evidence. | 0019| C. No person shall be allowed to work as a registered | 0020| hunting guide or outfitter in New Mexico: | 0021| (1) without being registered by the state game | 0022| commission; | 0023| (2) if the person has had a guide or outfitter | 0024| license, registration, permit or certificate revoked in another | 0025| state; | 0001| (3) if the person has had a guide or outfitter | 0002| license, registration, permit or certificate suspended in another | 0003| state and it has not been reinstated; or | 0004| (4) if the person has been convicted of a felony. | 0005| D. The state game commission shall develop a point system | 0006| for the suspension or revocation of a guide or outfitter | 0007| registration. The point system shall be similar to the point | 0008| system that governs individual hunting and fishing license | 0009| privileges. | 0010| E. To be granted a registration to be a guide, an | 0011| applicant shall, in addition to any other reasonable criteria | 0012| adopted by the state game commission, and except as provided for | 0013| persons granted an interim registration: | 0014| (1) be at least eighteen years of age; | 0015| (2) pass a written or oral examination approved by | 0016| the department of game and fish at a date and time approved by the | 0017| department; and | 0018| (3) be endorsed on his application by a New Mexico | 0019| registered or interim registered outfitter. | 0020| F. A registered or interim registered guide shall work | 0021| only under the supervision of a New Mexico registered or interim | 0022| registered outfitter and in an area designated by the registered or | 0023| interim registered outfitter. | 0024| G. The department of game and fish may provide a | 0025| registration for a temporary emergency guide, provided the | 0001| registration is limited to a maximum seven-day period and is | 0002| granted only in emergency circumstances as determined by the | 0003| department. The fee for a temporary emergency guide registration | 0004| is ten dollars ($10.00). | 0005| H. To be granted a registration to be an outfitter, an | 0006| applicant shall, in addition to any other reasonable criteria | 0007| adopted by the state game commission, and except as provided for | 0008| persons granted an interim registration: | 0009| (1) be at least twenty-one years of age; | 0010| (2) have operated as a New Mexico registered guide | 0011| for at least three years or have been granted an interim | 0012| outfitter's registration; | 0013| (3) not be a convicted felon or have a history of | 0014| violation of federal or state game and fish laws or regulations or | 0015| federal or state guide or outfitter licensing or registration laws | 0016| or regulations; | 0017| (4) pass a written or oral examination approved by | 0018| the department of game and fish at a date and time determined by | 0019| the department; and | 0020| (5) be endorsed by a registered outfitter. | 0021| I. A registered outfitter shall: | 0022| (1) provide proof of commercial liability insurance | 0023| of at least five hundred thousand dollars ($500,000); | 0024| (2) responsibly supervise each registered guide | 0025| working under his direction; | 0001| (3) provide a written contract for outfitting | 0002| services, signed by the registered outfitter and identifying the | 0003| outfitter's registration number, to each nonresident who seeks to | 0004| use, and before the nonresident applies for, a license granted from | 0005| a special drawing for a hunt on public lands pursuant to the | 0006| provisions of Section 17-3-16 NMSA 1978; | 0007| (4) register with the taxation and revenue | 0008| department and provide proof of that registration to the department | 0009| of game and fish; and | 0010| (5) provide at least one registered guide or | 0011| outfitter for every four or fewer nonresident hunters who are | 0012| granted a license, pursuant to an application listing the | 0013| outfitter's registration number, from a special drawing for a hunt | 0014| on public lands pursuant to the provisions of Section 17-3-16 NMSA | 0015| 1978. | 0016| J. The department of game and fish shall provide to the | 0017| taxation and revenue department a copy of each outfitter | 0018| registration that is granted. | 0019| K. No person shall be allowed to charge a processing or | 0020| other fee to obtain for a nonresident a license that is granted | 0021| from a special drawing for a hunt on public lands pursuant to the | 0022| provisions of Section 17-3-16 NMSA 1978, unless the person who | 0023| obtains the license is a registered New Mexico guide or outfitter | 0024| who physically accompanies the nonresident hunter on the hunt. | 0025| L. The department of game and fish shall develop by | 0001| September 1, 1996 a point system to provide preferences for the use | 0002| of registered outfitters who are New Mexico residents. The point | 0003| system shall include a progressive preference based upon the total | 0004| number of years of guiding or outfitting operations in New Mexico. | 0005| M. A New Mexico resident registered outfitter shall be | 0006| defined by the state game commission in accordance with regulations | 0007| it adopts. The regulations shall require at a minimum that a | 0008| resident registered outfitter shall maintain a residence and | 0009| business address in New Mexico and derive at least fifty percent of | 0010| his guiding or outfitting income from guiding or outfitting | 0011| services provided in New Mexico, as determined by gross receipts or | 0012| corporate or individual income tax returns for the immediately | 0013| preceding three years. The registration applicant may voluntarily | 0014| provide copies of the necessary tax records, or the taxation and | 0015| revenue department shall assist the commission as needed to make | 0016| this determination. Tax records shall be confidential. | 0017| N. The department of game and fish shall maintain for | 0018| public distribution a list of New Mexico registered outfitters. | 0019| O. The annual registration fee for a registered guide in | 0020| New Mexico is fifty dollars ($50.00) for a resident and one hundred | 0021| dollars ($100) for a nonresident. | 0022| P. The annual registration fee to be a registered | 0023| outfitter in New Mexico is five hundred dollars ($500) for a | 0024| resident and five thousand dollars ($5,000) for a nonresident. | 0025| Q. Annual registration fees for guides and outfitters | 0001| shall be deposited in the game protection fund. | 0002| R. The state game commission shall adopt by September 1, | 0003| 1996 interim regulations, consistent to the greatest extent | 0004| practicable with the provisions of this section, to provide for the | 0005| granting of interim registrations to guides and outfitters. The | 0006| commission shall issue interim registrations prior to mailing | 0007| applications for 1997 licensed hunts to persons who qualify for | 0008| interim registration and submit applications to the department of | 0009| game and fish by November 1, 1996. | 0010| S. A person adversely affected by an action, other than a | 0011| regulation, taken pursuant to the provisions of this section, | 0012| including the denial, suspension or revocation of a registration, | 0013| license, permit or certificate, may seek review of the action | 0014| pursuant to the provisions of the Uniform Licensing Act. | 0015| T. A person adversely affected by a regulation adopted by | 0016| the state game commission pursuant to this section may appeal to | 0017| the court of appeals. All appeals shall be made upon the record at | 0018| the hearing and shall be taken to the court of appeals within | 0019| thirty days following the date of the action. The date of the | 0020| action shall be the date of the filing of the regulation by the | 0021| commission, pursuant to the provisions of the State Rules Act. | 0022| U. Upon appeal, the court of appeals shall set aside a | 0023| regulation only if it is found to be: | 0024| (1) arbitrary, capricious or an abuse of discretion; | 0025| (2) not supported by substantial evidence in the | 0001| record; or | 0002| (3) otherwise not in accordance with law. | 0003| V. After a hearing and a showing of good cause by the | 0004| appellant, a stay of a regulation being appealed may be granted: | 0005| (1) by the state game commission; or | 0006| (2) by the court of appeals if the state game | 0007| commission denies a stay or fails to act upon an application for a | 0008| stay within sixty days after receipt of the application. | 0009| W. The appellant shall pay all costs for any appeal found | 0010| to be frivolous by the court of appeals." | 0011| Section 6. DELAYED REPEAL.--Sections 1 and 3 through 5 of | 0012| this act are repealed effective June 30, 1999. | 0013| Section 7. ACT NOT SEVERABLE.--If any part or application of | 0014| this act is held invalid, the remainder or its application to other | 0015| situations or persons shall likewise be invalid. The provisions of | 0016| this act are not severable. | 0017| Section 8. EFFECTIVE DATE.-- | 0018| A. The effective date of the provisions of Sections 1 and | 0019| 3 through 5 of this act is July 1, 1996. | 0020| B. The effective date of the provisions of Section 2 of | 0021| this act is June 30, 1999. | 0022| - 13 - State of New Mexico | 0023| House of Representatives | 0024| | 0025| FORTY-SECOND LEGISLATURE | 0001| SECOND SESSION, 1996 | 0002| | 0003| | 0004| February 14, 1996 | 0005| | 0006| | 0007| Mr. Speaker: | 0008| | 0009| Your AGRICULTURE AND WATER RESOURCES COMMITTEE, to | 0010| whom has been referred | 0011| | 0012| SENATE FINANCE COMMITTEE SUBSTITUTE FOR | 0013| SENATE BILL 193 | 0014| | 0015| has had it under consideration and reports same with | 0016| recommendation that it DO PASS. | 0017| | 0018| Respectfully submitted, | 0019| | 0020| | 0021| | 0022| | 0023| G. X. McSherry, Chairman | 0024| | 0025| | 0001| Adopted Not Adopted | 0002| (Chief Clerk) (Chief Clerk) | 0003| | 0004| Date | 0005| | 0006| The roll call vote was 9 For 0 Against | 0007| Yes: 9 | 0008| Excused: None | 0009| Absent: None | 0010| | 0011| | 0012| S0193AG1 |