HOUSE ENERGY AND NATURAL RESOURCES COMMITTEE SUBSTITUTE FOR

HOUSE BILL 509

48th legislature - STATE OF NEW MEXICO - first session, 2007

AN ACT

RELATING TO STATE AGENCIES; CREATING EXCEPTIONS TO THE PROHIBITION ON SPOTLIGHTING LAND WHERE BIG GAME OR DOMESTIC LIVESTOCK RESIDE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 17-2-31 NMSA 1978 (being Laws 1951, Chapter 171, Section 1) is amended to read:

     "17-2-31. USE OF ARTIFICIAL LIGHT WHILE HUNTING PROHIBITED.--It [shall be] is unlawful for [any] a person or [one or more of] a group of persons together in possession or control of a firearm or other implement to throw or cast the rays of a spotlight or other artificial light into any field, pasture, woodland, forest or prairie [wherein] where big game or domestic livestock may be, or [may be] are reasonably expected to be, [while having in his possession or their possession or under control a firearm or other implement] whereby any big game animal or domestic animal could be killed by aid of an artificial light [provided, however, that all officers]. However, the following shall be exempt from the provisions of this section:

          A. an officer authorized to enforce the game and livestock laws of the state [of New Mexico and all landowners or lessees, while on their own lands in connection with their legitimate activities, and employees of such landowners and lessees shall be exempt from the provisions of this Act];

          B. a government employee acting in an official capacity;

          C. a landowner or lessee or employee of such landowner or lessee, while on the land owned or leased in connection with legitimate activities; or

          D. a person who has received a permit or authorization from the department of game and fish to conduct such activities."

- 2 -