HOUSE BILL 34
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Miguel P. Garcia
FOR THE WELFARE REFORM OVERSIGHT COMMITTEE
AN ACT
RELATING TO HUNTING AND FISHING; SUBSIDIZING GENERAL HUNTING AND FISHING LICENSES FOR PERSONS WHO RECEIVE PUBLIC ASSISTANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Public Assistance Act is enacted to read:
"[NEW MATERIAL] HUNTING AND FISHING LICENSES FOR RECIPIENTS.--
A. The department shall issue a declaration of public assistance, identifying a recipient as a current recipient of public assistance as of the date the declaration is signed, when so requested by the recipient for the recipient's use in getting a general hunting and fishing license at no cost. The declaration shall be in the following form:
"PROOF OF PUBLIC ASSISTANCE
__________(name) is currently receiving public assistance from the state of New Mexico and the federal government.
Signed ___________(departmental agent) ________________(date)".
B. The department shall provide by rule for issuance of a proof of public assistance."
Section 2. Section 17-3-2 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 2, as amended) is amended to read:
"17-3-2. CLASSES OF LICENSES.--
A. As used with reference to licenses in Chapter 17 NMSA 1978:
(1) "fishing" entitles the licensee to fish for game fish during the open seasons for each species;
(2) "small game" entitles the licensee to hunt game birds, other than wild turkey, and squirrel during the open seasons for each;
(3) "deer" entitles the licensee to hunt deer during the open season;
(4) "general hunting" entitles the licensee to hunt deer, squirrel and game birds during the open seasons for each;
(5) "general hunting and fishing" entitles the licensee to hunt deer, squirrel and game birds and to fish for game fish during the open seasons for each;
(6) "antelope" entitles the licensee to hunt antelope during the open season;
(7) "elk" entitles the licensee to hunt elk during the open season;
(8) "bighorn sheep" entitles the licensee to hunt bighorn sheep during the open season;
(9) "Barbary sheep" entitles the licensee to hunt Barbary sheep during the open season;
(10) "javelina" entitles the licensee to hunt javelina during the open season;
(11) "bear" entitles the licensee to hunt bear during the open season;
(12) "nongame" entitles the licensee to hunt or take any animal or bird not protected by law;
(13) "temporary fishing" entitles the licensee to fish for game fish during a specific period of time indicated on the license;
(14) "oryx" entitles the licensee to hunt oryx during the open season;
(15) "ibex" entitles the licensee to hunt ibex during the open season;
(16) "cougar" entitles the licensee to hunt cougar during the open season;
(17) "turkey" entitles the licensee to hunt turkey during the open season;
(18) "special season turkey" entitles the licensee to hunt turkey during special seasons designated by the state game commission;
(19) "quality elk" entitles the licensee to hunt elk during a special quality elk season, to be established by the state game commission, when the timing of the season and hunter density is specially regulated and the elk population is managed with an intent to provide the licensee an increased opportunity to take a mature elk;
(20) "quality deer" entitles the licensee to hunt deer during a special quality deer season, to be established by the state game commission, when the timing of the season and hunter density is specially regulated and the deer population is managed with an intent to provide the licensee an increased opportunity to take a mature deer;
(21) "temporary small game" entitles the licensee to hunt game birds, except wild turkey, and squirrel during a specific period of time indicated on the license; and
(22) "second rod" entitles the licensee to fish using two fishing rods to fish for game fish during the open seasons for each species.
B. A hunting license does not entitle the licensee to hunt, kill or take game animals or birds within or upon a park or enclosure licensed or posted as provided by law or within or upon a privately owned enclosure without consent of the owner or within or upon a game refuge or game management area.
C. A fishing license does not entitle the licensee to fish for or take fish within or upon a park or enclosure licensed or posted as provided by law or within or upon a privately owned enclosure without consent of the owner or in or on closed waters.
D. A junior fishing license may be purchased by a resident who has reached [his twelfth birthday] the age of twelve years but has not reached [his eighteenth birthday] the age of eighteen years. A junior fishing license entitles the licensee to fish for game fish during the open season for each species.
E. A senior fishing license may be purchased by a resident who has reached [his sixty-fifth birthday] the age of sixty-five years. A senior fishing license entitles the licensee to fish for game fish during the open season for each species.
F. A nonresident junior fishing license may be purchased by a nonresident who has reached [his twelfth birthday] the age of twelve years but has not reached [his eighteenth birthday] the age of eighteen years. A nonresident junior fishing license entitles the licensee to fish for game fish during the open season for each species.
G. A senior general hunting license may be purchased by a resident who has reached [his sixty-fifth birthday] the age of sixty-five years. A senior general hunting license entitles the licensee to hunt for deer, squirrel and game birds during the open seasons for each species.
H. A junior general hunting license may be purchased by a resident who has not reached [his eighteenth birthday] the age of eighteen years. A junior general hunting license entitles the licensee to hunt for deer, squirrel and game birds during the open seasons for each species.
I. A handicapped fishing license may be purchased by a resident who has a severe physical impairment that substantially limits one or more major life activities and who can furnish adequate proof of this disability to the state game commission. A handicapped fishing license may be purchased by a resident who has a developmental disability as defined in Subsection H of Section 43-1-3 NMSA 1978 and who can furnish adequate proof of this disability to the state game commission. A handicapped fishing license entitles the licensee to fish for game fish during the open season for each species.
J. A handicapped general hunting license may be purchased by a resident who has a severe physical impairment that substantially limits one or more major life activities and who can furnish adequate proof of this disability to the state game commission. A handicapped general hunting license entitles the licensee to hunt for deer, squirrel and game birds during the open season for each species.
K. A fishing license may be obtained at no cost by a resident who has reached [his seventieth birthday] the age of seventy years.
L. A second rod validation may be purchased by either a resident or nonresident. A second rod validation entitles the licensee to fish using two rods for game fish during the open season for each species.
M. A junior-senior elk license may be purchased by a resident who has not reached [his eighteenth birthday] the age of eighteen years or by a resident who has reached [his sixty-fifth birthday] the age of sixty-five years. A junior-senior elk license entitles the licensee to hunt for elk during the open season for that species.
N. A general hunting and fishing license may be obtained at no cost by a resident who is a recipient of public assistance and who furnishes a declaration of public assistance provided by the human services department."
Section 3. Section 17-3-5 NMSA 1978 (being Laws 1923, Chapter 129, Section 1, as amended) is amended to read:
"17-3-5. APPLICATION FOR HUNTING OR FISHING LICENSES--CONTENTS--FILING.--
A. The director of the department of game and fish shall prepare and furnish blank applications for all persons applying for fishing or hunting licenses within the state. Except as provided in Subsection B or E of this section, each person, before receiving any fishing or hunting license, shall make application on a blank so provided. Among other matters that may be shown by the application, [shall be] a statement [showing] shall show the exact residence of the applicant. Except as provided in Subsection B or E of this section, the application shall be signed by the applicant. All applications for licenses shall be filed with and issued by license vendors appointed by the director. All fishing and hunting licenses and the applications therefor shall contain the place of residence of the person to whom any license may be issued.
B. License vendors, as authorized by the director of the department of game and fish, [shall be allowed to] may take applications for hunting and fishing licenses or authorizations via telephone or the internet. The vendor or applicant shall fill out a license application with the same information as required for other applications. The vendor shall mail the license to the applicant, and the license shall be in the possession of the hunter or angler unless otherwise provided in Chapter 17 NMSA 1978. All money collected through telephone or internet sales shall be remitted to the director by the tenth day of the month following the sale. An individual receiving a license pursuant to this subsection is not required to sign an application prior to issuance of the license; provided, however, that such individual is subject to prosecution pursuant to Section 17-3-6 NMSA 1978 for any false or fraudulent statement or other misrepresentation as if the individual had signed an application for license.
C. Upon request, an applicant for a fishing or small game license shall receive an authorization number as assigned by the director of the department of game and fish through the vendor. The authorization number may be used in lieu of the actual license only by the individual who applies and meets the requirements for a license. The authorization number shall serve as a license for the purposes of Sections 17-3-1 and 17-3-17 NMSA 1978. It is a misdemeanor to hunt or fish with an invalid authorization number or a number issued to another person.
D. Each license vendor authorized to sell licenses via telephone or internet may collect the actual cost, not to exceed five dollars ($5.00), of shipping and handling the application and license issuance.
E. The director of the department of game and fish may prepare and furnish an electronic application for all persons applying for hunting license drawings. A person making an electronic application is not required to sign an application prior to issuance of the license; provided that the person is subject to prosecution pursuant to Section
17-3-6 NMSA 1978 for any false or fraudulent statement or other misrepresentation as if the person had signed an application.
F. A public assistance recipient may be issued a general hunting and fishing license at no cost so long as the public assistance recipient applies for the general hunting and fishing license, fulfills the requirements for issuance of the license and furnishes a declaration of public assistance provided by the human services department."
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