0001|                           HOUSE BILL 1236
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          DELORES C. WRIGHT
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO HUNTING; AMENDING AND REPEALING SECTIONS OF THE
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0012|     NMSA 1978 AND LAWS 1996 PERTAINING TO OUTFITTERS AND GUIDES;
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0013|     DECLARING AN EMERGENCY.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 17-3-16 NMSA 1978 (being Laws 1964
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0017|     (1st S.S.), Chapter 17, Section 7, as amended) is amended to
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0018|     read:
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0019|          "17-3-16.  FUNDS--SPECIAL DRAWINGS FOR LICENSES. <s>[A.]</s> 
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0020|     The director of the department of game and fish may provide
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0021|     special envelopes and application blanks when a special drawing
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0022|     is to be held to determine the persons to receive licenses. 
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0023|     Money required to be submitted with these applications, if
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0024|     enclosed in the special envelopes, need not be deposited with
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0025|     the state treasurer but may be held by the director until the
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0001|     successful applicants are determined.  At that time, the fees
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0002|     of the successful applicants shall be deposited with the state
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0003|     treasurer and the fees submitted by the unsuccessful applicants
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0004|     shall be returned to them.
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0005|               <s>[B.  Beginning with the licenses issued from a
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<s></s>0006| <s>    special drawing for a hunt code on public lands that commences
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<s></s>0007| <s>    on or after April 1, 1997:
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<s></s>0008| <s>                   (1)  seventeen percent of the licenses shall be
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<s></s>0009| <s>    issued to nonresidents.  Except for antelope and javelina
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<s></s>0010| <s>    licenses, each nonresident applicant shall, at the time of
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<s></s>0011| <s>    submission of the application for the license, sign the
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<s></s>0012| <s>    application and identify the registration number of the New
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<s></s>0013| <s>    Mexico registered outfitter who will be used with the hunting
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<s></s>0014| <s>    party that includes the nonresident.  The nonresident shall be
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<s></s>0015| <s>    required to contract for outfitting services with the New
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<s></s>0016| <s>    Mexico registered outfitter identified in the application. 
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<s></s>0017| <s>    Except for antelope and javelina licenses, the nonresident
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<s></s>0018| <s>    shall not be allowed to hunt with a license issued from a
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<s></s>0019| <s>    drawing for a hunt on public lands without utilizing and being
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<s></s>0020| <s>    physically accompanied on the hunt by the New Mexico registered
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<s></s>0021| <s>    outfitter identified in the application, or one of that
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<s></s>0022| <s>    outfitter's guides; provided, however, that this requirement
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<s></s>0023| <s>    shall not apply to lands under the control of the federal
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<s></s>0024| <s>    military if the military objects to it.  In a hunt covered by
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<s></s>0025| <s>    this paragraph that requires a New Mexico registered guide,
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<s></s>0001| <s>    there shall be at least one New Mexico registered guide or
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<s></s>0002| <s>    outfitter accompanying every four or fewer nonresident hunters;
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<s></s>0003| <s>                   (2)  three percent of the licenses shall be
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<s></s>0004| <s>    issued to individuals listed on an application where at least
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<s></s>0005| <s>    two of the applicants are residents and no more than two of the
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<s></s>0006| <s>    applicants are nonresidents.  Each resident must be a New
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<s></s>0007| <s>    Mexico resident for at least one year prior to submitting the
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<s></s>0008| <s>    application.  Nonresidents listed on such applications shall
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<s></s>0009| <s>    not be required to utilize the services of a registered New
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<s></s>0010| <s>    Mexico guide or outfitter, provided the nonresidents are
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<s></s>0011| <s>    physically accompanied on the hunt for that hunt code by the
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<s></s>0012| <s>    residents listed on the application; and
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<s></s>0013| <s>                   (3)  eighty percent of the licenses shall be
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<s></s>0014| <s>    issued to residents of New Mexico.
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<s></s>0015| <s>              C.  If the number of nonresidents who apply for
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<s></s>0016| <s>    licenses pursuant to the provisions of Paragraphs (1) and (2)
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<s></s>0017| <s>    of Subsection B of this section does not constitute the
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<s></s>0018| <s>    allocated percentages identified in those provisions for a hunt
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<s></s>0019| <s>    code, then all of the nonresident applicants shall be granted
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<s></s>0020| <s>    licenses, and the remainder of the licenses shall be made
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<s></s>0021| <s>    available to residents for the special drawing for that hunt
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<s></s>0022| <s>    code.
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<s></s>0023| <s>              D.  If the determination of seventeen percent or
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<s></s>0024| <s>    three percent in Paragraphs (1) and (2) of Subsection B of this
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<s></s>0025| <s>    section yields a fraction of:
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<s></s>0001| <s>                   (1)  five-tenths or greater, the number of
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<s></s>0002| <s>    licenses to be issued shall be rounded up to the next whole
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<s></s>0003| <s>    number; and
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<s></s>0004| <s>                   (2)  less than five-tenths, the number of
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<s></s>0005| <s>    licenses shall be rounded down to the next whole number.
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<s></s>0006| <s>              E.  The fee for a nonresident license for a special
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<s></s>0007| <s>    drawing in a high-demand hunt covered in Subsection B of this
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<s></s>0008| <s>    section shall be assessed at the same rate as a license for
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<s></s>0009| <s>    nonresident quality elk or quality deer.  As used in this
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<s></s>0010| <s>    subsection, "high-demand hunt" means:
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<s></s>0011| <s>                   (1)  a hunt where the total number of
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<s></s>0012| <s>    nonresident applicants for a hunt code in each unit exceeds
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<s></s>0013| <s>    twenty percent of the total applicants based on data for the
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<s></s>0014| <s>    two immediately preceding years; or
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<s></s>0015| <s>                   (2)  an additional hunt code designated by the
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<s></s>0016| <s>    department as a quality hunt.]</s>"
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0017|          Section 2.  REPEAL.--
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0018|               A.  Sections 17-2A-1 through 17-2A-3 NMSA 1978
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0019|     (being Laws 1996, Chapter 89, Sections 3 through 5) are
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0020|     repealed.
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0021|               B.  Laws 1996, Chapter 89, Sections 2 and 6 through
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0022|     8 are repealed.
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0023|          Section 3. EMERGENCY.--It is necessary for the public
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0024|     peace, health and safety that this act take effect immediately.
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0025|                                - 4 -
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