HOUSE BILL 202

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Alonzo Baldonado

AN ACT

RELATING TO GAME AND FISH; AMENDING A SECTION OF CHAPTER 17 NMSA 1978 TO PROVIDE A PENALTY ASSESSMENT OPTION FOR A MINOR VIOLATION OF HUNTING AND FISHING INFRACTIONS.

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

     SECTION 1. Section 17-2-10.1 NMSA 1978 (being Laws 1995, Chapter 177, Section 1) is amended to read:

     "17-2-10.1. GAME AND FISH PENALTY ASSESSMENT MISDEMEANORS--DEFINITION--SCHEDULE OF ASSESSMENTS.--

          A. As used in Chapter 17 NMSA 1978, "penalty assessment misdemeanor" means a violation of any of the following listed sections of the NMSA 1978 for which the listed penalty assessment is established:

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT

Fishing, hunting or trapping

  without the proper stamp or

  validation as required by law

  or adopted by state game

  commission rule            17-2-7 $ 50.00

Fishing without a license 17-3-17 $ 75.00

Hunting small game without

  a license 17-3-1 $100.00

Manner and method rule

  infraction contrary to

  adoption by state game

  commission rule 17-2-7 $125.00.

          B. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor.

          C. With the penalty assessment collected for each penalty assessment misdemeanor pursuant to this section, there shall be assessed and collected the cost of the appropriate license and validation that the violator failed to produce. Upon presentation of proof of payment of the penalty assessment, the director of the department of game and fish shall issue the appropriate license and validation."

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