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F I S C A L I M P A C T R E P O R T
SPONSOR Rodella
ORIGINAL DATE
LAST UPDATED
2-2-06
HB HJM59
SHORT TITLE
Elk License Property Impact Task Force
SB
ANALYST Woods
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
NFI
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
SUMMARY
Synopsis of Memorial
House Joint Memorial 59 requests the New Mexico Legislative Council to create a task force to
study the economic and private property rights of and impacts to landowners caused by the De-
partment of Game and Fish adopting Rule 19.30.5 NMAC for private land elk license allocation.
Specifically the memorial notes that:
on October 17, 2005, the Department of Game and Fish placed into effect Rule
19.30.5 NMAC for private land elk license allocation; and
the department rule implementation will have negative economic impacts to
small property landowners in economically depressed rural areas of the state; and
the department of game and fish has segregated small property landowners and
identified and
the department rule disqualifies small landowners from receiving elk authoriza-
tions, which violates their private property rights; and
the department rule disqualifies all landowners who choose to protect self or pri-
vate property under Section 17-2-7.2 NMSA 1978 from participating in the elk
authorization program violating their private property rights; and
pg_0002
House Joint Memorial 59 Page
2
a task force is needed to review the entire department rule provisions and report
on all or any negative economic or private property rights to landowners; and
the department of game and fish ignored and dismissed comments from land-
owners during the hearing process for the adopted department rule;
The memorial further resolves, by the Legislature of the State of New Mexico, that:
the New Mexico Legislative Council be requested to create a task force to study
the economic and private property rights and impacts to landowners caused by
the Department of Game and Fish's adoption of Rule 19.30.5 NMAC for private
land elk license allocation; and
all or any negative impacts to landowners caused by the recent department rule
be described and reported in the final task force report; and
the task force include a member of the New Mexico State University range im-
provement task force from the economics department and at least one affected
private property landowner; and
the task force report its findings to the legislature and the governor by December
2007; and
that copies of this memorial be transmitted to the co-chairs of the New Mexico
Legislative Council and to the governor.
There is no appropriation attached to this legislation.
BW/yr