0001| SENATE BILL 430
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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| MICHAEL S. SANCHEZ
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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 LICENSES; REVISING PROVISIONS AFFECTING
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0012| HUNTING GUIDES, OUTFITTERS AND LICENSES; AMENDING AND REPEALING
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0013| SECTIONS OF THE NMSA 1978; 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 17-2-10 NMSA 1978 (being Laws 1931,
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0017| Chapter 117, Section 7, as amended) is amended to read:
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0018| "17-2-10. VIOLATION OF GAME AND FISH LAWS OR REGULATIONS-
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0019| -PENALTIES.--
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0020| A. Except as otherwise provided in this section,
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0021| any person violating any of the provisions of Chapter 17 NMSA
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0022| 1978 or any regulations adopted by the state game commission
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0023| which relate to the time, extent, means or manner that game
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0024| animals, birds or fish may be hunted, taken, captured, killed,
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0025| possessed, sold, purchased or shipped is guilty of a
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0001| misdemeanor and upon conviction may be sentenced to
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0002| imprisonment in the county jail for a term not to exceed six
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0003| months and shall be sentenced to the payment of a fine in
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0004| accordance with the following schedule:
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0005| (1) illegally taking, attempting to take,
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0006| killing, capturing or possessing of each deer, antelope,
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0007| javelina, bear or cougar during a closed season, a fine of four
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0008| hundred dollars ($400);
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0009| (2) illegally taking, attempting to take,
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0010| killing, capturing or possessing of each elk, bighorn sheep,
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0011| oryx, ibex or Barbary sheep, a fine of one thousand dollars
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0012| ($1,000);
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0013| (3) hunting big game without a proper and
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0014| valid license, lawfully procured, a fine of one hundred dollars
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0015| ($100);
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0016| (4) exceeding the bag limit of any big game
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0017| species, a fine of four hundred dollars ($400);
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0018| (5) attempting to exceed the bag limit of any
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0019| big game species by the hunting of any big game animal after
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0020| having tagged a similar big game species, a fine of two hundred
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0021| dollars ($200);
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0022| (6) signing a false statement to procure a
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0023| resident hunting or fishing license when the applicant is
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0024| residing in another state at the time of application for a
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0025| license, a fine of four hundred dollars ($400);
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0001| (7) using a hunting or fishing license issued
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0002| to another person, a fine of one hundred dollars ($100);
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0003| (8) violation of Section 17-2-31 NMSA 1978, a
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0004| fine of three hundred dollars ($300); and
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0005| (9) [to sell, offer] selling, offering for
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0006| sale, [offer] offering to purchase or [purchase]
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0007| purchasing any big game animal unless otherwise provided by
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0008| Chapter 17 NMSA 1978, a fine of one thousand dollars ($1,000).
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0009| B. Any person who is convicted of a violation of
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0010| any regulations adopted by the state game commission which
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0011| relate to the time, extent, means or manner that game animals,
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0012| birds or fish may be hunted, taken, captured, killed,
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0013| possessed, sold, purchased or shipped, or of a violation of any
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0014| of the provisions of Chapter 17 NMSA 1978, for which a
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0015| punishment is not set forth under Subsection A of this section,
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0016| shall be fined not less than fifty dollars ($50.00) nor more
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0017| than five hundred dollars ($500) or imprisoned not more than
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0018| six months, or both.
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0019| C. Any person who violates as a first offense
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0020| Section 17-2A-3 NMSA 1978 or any regulations adopted pursuant
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0021| to that section is guilty of a misdemeanor and upon conviction
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0022| may be sentenced to imprisonment in the county jail for a term
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0023| not to exceed six months and shall be fined not less than fifty
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0024| dollars ($50.00) or more than five hundred dollars ($500), or
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0025| both. Any person who violates as a second or subsequent
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0001| offense Section 17-2A-3 NMSA 1978 or any regulations adopted
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0002| pursuant to that section is guilty of a fourth degree felony
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0003| and shall be sentenced and fined pursuant to the provisions of
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0004| Section 31-18-15 NMSA 1978."
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0005| Section 2. Section 17-2A-3 NMSA 1978 (being Laws 1996,
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0006| Chapter 89, Section 5) is amended to read:
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0007| "17-2A-3. HUNTING GUIDES AND OUTFITTERS.--
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0008| A. Effective April 1, 1997, it is unlawful to be a
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0009| hunting guide or outfitter in New Mexico without being
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0010| registered, except for a private landowner or his [authorized
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agent] regular employee who outfits or guides [pursuant to
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a landowner permit issued by the department of game and fish
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for the landowner's property or for the landowner's shared
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private and public unit] on the landowner's deeded property.
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0015| B. The state game commission shall adopt
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0016| regulations by September 1, 1997 to govern the granting of non-
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0017| interim registration, permits and certificates to hunting
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0018| guides and outfitters and to regulate the operations and
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0019| professional conduct of registered hunting guides and
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0020| outfitters. Regulations shall be adopted in accordance with
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0021| the following procedures and standards:
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0022| (1) the commission shall establish dates and
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0023| locations for a public hearing and provide reasonable prior
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0024| public notice of a hearing. A public hearing shall be held at
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0025| a place within any quadrant of the state affected by the
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0001| proposed regulation when the commission determines there is
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0002| substantial public interest in holding a hearing in that
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0003| quadrant;
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0004| (2) a hearing shall be held within six months
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0005| of the date a proposed regulation is issued;
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0006| (3) notice of a hearing shall:
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0007| (a) include the date, time and location
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0008| of the hearing;
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0009| (b) include a statement of the
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0010| recommended action;
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0011| (c) include an indication of the
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0012| location and availability of the public file on the regulation;
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0013| (d) indicate where and by what date
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0014| written and oral comments and testimony may be received; and
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0015| (e) specify that the public record shall
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0016| remain open for comments for thirty days after the date of the
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0017| final hearing; and
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0018| (4) the commission shall make its decision and
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0019| take action based upon relevant and reliable evidence.
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0020| C. No person shall be allowed to work as a
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0021| registered hunting guide or outfitter in New Mexico:
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0022| (1) without being registered by the state game
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0023| commission;
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0024| (2) if the person has had a guide or outfitter
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0025| license, registration, permit or certificate revoked in another
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0001| state;
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0002| (3) if the person has had a guide or outfitter
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0003| license, registration, permit or certificate suspended in
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0004| another state and it has not been reinstated; or
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0005| (4) if the person has been convicted of a
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0006| felony.
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0007| D. The state game commission shall develop a point
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0008| system for the suspension or revocation of a guide or outfitter
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0009| registration. The point system shall be similar to the point
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0010| system that governs individual hunting and fishing license
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0011| privileges.
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0012| E. To be granted a registration to be a guide, an
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0013| applicant shall, in addition to any other reasonable criteria
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0014| adopted by the state game commission, and except as provided
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0015| for persons granted an interim registration:
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0016| (1) be at least eighteen years of age; and
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0017| (2) pass a written or oral examination
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0018| approved by the department of game and fish at a date and time
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0019| approved by the department [and
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(3) be endorsed on his application by a New
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Mexico registered or interim registered outfitter].
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0022| F. A registered or interim registered guide shall
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0023| work only under the supervision of a New Mexico registered or
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0024| interim registered outfitter and in an area designated by the
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0025| registered or interim registered outfitter.
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0001| G. The department of game and fish may provide a
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0002| registration for a temporary emergency guide, provided the
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0003| registration is limited to a maximum seven-day period and is
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0004| granted only in emergency circumstances as determined by the
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0005| department. The fee for a temporary emergency guide
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0006| registration is ten dollars ($10.00).
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0007| H. To be granted a registration to be an outfitter,
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0008| an applicant shall, in addition to any other reasonable
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0009| criteria adopted by the state game commission, and except as
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0010| provided for persons granted an interim registration:
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0011| (1) be at least twenty-one years of age;
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0012| (2) have operated as a New Mexico registered
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0013| guide for at least three years or have been granted an interim
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0014| outfitter's registration;
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0015| (3) not be a convicted felon or have a history
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0016| of violation of federal or state game and fish laws or
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0017| regulations or federal or state guide or outfitter licensing or
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0018| registration laws or regulations; and
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0019| (4) pass a written or oral examination
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0020| approved by the department of game and fish at a date and time
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0021| determined by the department [and
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(5) be endorsed by a registered outfitter].
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0023| I. A registered outfitter shall:
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0024| (1) provide proof of commercial liability
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0025| insurance of at least five hundred thousand dollars ($500,000);
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0001| (2) responsibly supervise each registered
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0002| guide working under his direction;
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0003| (3) provide a written contract for outfitting
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0004| services, signed by the registered outfitter and identifying
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0005| the outfitter's registration number, to each resident and
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0006| nonresident who seeks to use [and before the nonresident
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applies for, a license granted from a special drawing for a
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hunt on public lands pursuant to the provisions of Section 17-
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3-16 NMSA 1978] the services of a registered outfitter;
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0010| (4) register with the taxation and revenue
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0011| department and provide proof of that registration to the
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0012| department of game and fish; and
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0013| (5) provide at least one registered guide or
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0014| outfitter for every four or fewer resident or nonresident
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0015| hunters [who are granted a license, pursuant to an application
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listing the outfitter's registration number, from a special
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drawing for a hunt on public lands pursuant to the provisions
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of Section 17-3-16 NMSA 1978] who have contracted for
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0019| outfitter services.
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0020| J. The department of game and fish shall provide to
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0021| the taxation and revenue department a copy of each outfitter
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0022| registration that is granted.
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0023| K. No person shall be allowed to charge a
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0024| processing or other fee to obtain for a resident or
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0025| nonresident a license that is granted from a special drawing
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0001| for a hunt on public lands pursuant to the provisions of
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0002| Section 17-3-16 NMSA 1978, unless the person who obtains the
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0003| license is a registered New Mexico guide or outfitter who
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0004| physically accompanies the resident or nonresident hunter on
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0005| the hunt, except that nothing in this subsection shall
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0006| prohibit the department of game and fish from collecting an
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0007| application fee.
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0008| [L. The department of game and fish shall develop
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by September 1, 1996 a point system to provide preferences for
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the use of registered outfitters who are New Mexico residents.
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The point system shall include a progressive preference based
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upon the total number of years of guiding or outfitting
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operations in New Mexico.
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M.] L. A New Mexico resident registered
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0015| outfitter shall be [defined by the state game commission in
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accordance with regulations it adopts. The regulations shall
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require] a registered outfitter who is a resident as defined
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0018| in Section 17-3-4 NMSA 1978. The state game commission shall
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0019| adopt regulations that set forth additional requirements and
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0020| that shall include at a minimum that a resident registered
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0021| outfitter shall maintain a [residence and] business address
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0022| in New Mexico and derive at least fifty percent of his guiding
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0023| or outfitting income from guiding or outfitting [services
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provided] in New Mexico, as determined by gross receipts or
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0025| corporate or individual income tax returns for the immediately
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0001| preceding three years. [The registration applicant may
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voluntarily provide copies of the necessary tax records or the
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taxation and revenue department shall assist the commission as
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needed to make this determination. Tax records shall be
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confidential.
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N.] M. The department of game and fish shall
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0007| maintain for public distribution a list of New Mexico
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0008| registered outfitters.
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0009| [O.] N. The annual registration fee for a
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0010| registered guide in New Mexico is fifty dollars ($50.00) for a
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0011| resident and one hundred dollars ($100) for a nonresident.
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0012| [P.] O. The annual registration fee to be a
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0013| registered outfitter in New Mexico is five hundred dollars
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0014| ($500) for either a resident [and five thousand dollars
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($5,000) for] or a nonresident.
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0016| [Q.] P. Annual registration fees for guides and
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0017| outfitters shall be deposited in the game protection fund.
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0018| [R.] Q. The state game commission shall adopt
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0019| by September 1, 1996 interim regulations, consistent to the
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0020| greatest extent practicable with the provisions of this
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0021| section, to provide for the granting of interim registrations
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0022| to guides and outfitters. The commission shall issue interim
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0023| registrations prior to mailing applications for 1997 licensed
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0024| hunts to persons who qualify for interim registration and
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0025| submit applications to the department of game and fish by
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0001| November 1, 1996.
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0002| [S.] R. A person adversely affected by an
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0003| action, other than a regulation, taken pursuant to the
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0004| provisions of this section, including the denial, suspension or
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0005| revocation of a registration, license, permit or certificate,
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0006| may seek review of the action pursuant to the provisions of the
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0007| Uniform Licensing Act.
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0008| [T.] S. A person adversely affected by a
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0009| regulation adopted by the state game commission pursuant to
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0010| this section may appeal to the court of appeals. All appeals
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0011| shall be made upon the record at the hearing and shall be taken
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0012| to the court of appeals within thirty days following the date
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0013| of the action. The date of the action shall be the date of the
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0014| filing of the regulation by the commission, pursuant to the
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0015| provisions of the State Rules Act.
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0016| [U.] T. Upon appeal, the court of appeals shall
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0017| set aside a regulation only if it is found to be:
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0018| (1) arbitrary, capricious or an abuse of
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0019| discretion;
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0020| (2) not supported by substantial evidence in
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0021| the record; or
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0022| (3) otherwise not in accordance with law.
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0023| [V.] U. After a hearing and a showing of good
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0024| cause by the appellant, a stay of a regulation being appealed
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0025| may be granted:
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0001| (1) by the state game commission; or
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0002| (2) by the court of appeals if the state game
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0003| commission denies a stay or fails to act upon an application
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0004| for a stay within sixty days after receipt of the application.
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0005| [W.] V. The appellant shall pay all costs for
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0006| any appeal found to be frivolous by the court of appeals."
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0007| Section 3. Section 17-3-16 NMSA 1978 (being Laws 1964
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0008| (1st S.S.), Chapter 17, Section 7, as amended) is amended to
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0009| read:
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0010| "17-3-16. FUNDS--SPECIAL DRAWINGS FOR LICENSES.--
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0011| A. The director of the department of game and fish
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0012| may provide special envelopes and application blanks when a
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0013| special drawing is to be held to determine the persons to
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0014| receive licenses. Money required to be submitted with these
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0015| applications, if enclosed in the special envelopes, need not be
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0016| deposited with the state treasurer but may be held by the
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0017| director until the successful applicants are determined. At
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0018| that time, the fees of the successful applicants shall be
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0019| deposited with the state treasurer and the fees submitted by
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0020| the unsuccessful applicants shall be returned to them.
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0021| B. Beginning with the licenses issued from a
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0022| special drawing for a hunt code on public lands that commences
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0023| on or after April 1, 1997:
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0024| [(1) seventeen percent of the licenses shall
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be issued to nonresidents. Except for antelope and javelina
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licenses, each nonresident applicant shall, at the time of
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submission of the application for the license, sign the
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application and identify the registration number of the New
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Mexico registered outfitter who will be used with the hunting
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party that includes the nonresident. The nonresident shall be
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required to contract for outfitting services with the New
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Mexico registered outfitter identified in the application.
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Except for antelope and javelina licenses, the nonresident
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shall not be allowed to hunt with a license issued from a
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drawing for a hunt on public lands without utilizing and being
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physically accompanied on the hunt by the New Mexico registered
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outfitter identified in the application, or one of that
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outfitter's guides; provided, however, that this requirement
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shall not apply to lands under the control of the federal
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military if the military objects to it. In a hunt covered by
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this paragraph that requires a New Mexico registered guide,
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there shall be at least one New Mexico registered guide or
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outfitter accompanying every four or fewer nonresident hunters;
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(2) three percent of the licenses shall be
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issued to individuals listed on an application where at least
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two of the applicants are residents and no more than two of the
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applicants are nonresidents. Each resident must be a New
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Mexico resident for at least one year prior to submitting the
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application. Nonresidents listed on such applications shall
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not be required to utilize the services of a registered New
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Mexico guide or outfitter, provided the nonresidents are
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physically accompanied on the hunt for that hunt code by the
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residents listed on the application; and]
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0004| (1) up to twenty percent of the licenses
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0005| shall be issued to nonresidents; and
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0006| [(3)] (2) at least eighty percent of the
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0007| licenses shall be issued to residents of New Mexico.
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0008| C. If the number of nonresidents who apply for
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0009| licenses pursuant to the provisions of [Paragraphs (1) and
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(2)] Paragraph (1) of Subsection B of this section does not
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0011| constitute the [allocated percentages] maximum allowable
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0012| twenty percent figure identified in [those provisions for a
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hunt code] that paragraph, then all of the nonresident
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0014| applicants shall be granted licenses, and the remainder of the
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0015| licenses shall be made available to residents for the special
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0016| drawing for that hunt code.
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0017| D. If the determination of [seventeen percent or
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three percent in Paragraphs (1) and (2)] twenty percent in
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0019| Paragraph (1) of Subsection B of this section yields a
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0020| fraction of:
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0021| (1) five-tenths or greater, the number of
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0022| licenses to be issued shall be rounded up to the next whole
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0023| number; and
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0024| (2) less than five-tenths, the number of
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0025| licenses shall be rounded down to the next whole number.
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0001| E. The fee for a nonresident license for a special
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0002| drawing in a high-demand hunt covered in Subsection B of this
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0003| section shall be assessed at the same rate as a license for
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0004| nonresident quality elk or quality deer. As used in this
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0005| subsection, "high-demand hunt" means:
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0006| (1) a hunt where the total number of
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0007| nonresident applicants for a hunt code in each unit exceeds
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0008| twenty percent of the total applicants based on data for the
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0009| two immediately preceding years; or
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0010| (2) an additional hunt code designated by the
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0011| department of game and fish as a quality hunt."
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0012| Section 4. REPEAL.--
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0013| A. That version of Section 17-3-16 NMSA 1978 (being
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0014| Laws 1996, Chapter 89, Section 2) that is to become effective
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0015| June 30, 1999 is repealed.
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0016| B. Laws 1996, Chapter 89, Sections 6 and 7 are
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0017| repealed.
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0018| Section 5. SEVERABILITY.--If any part or application of
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0019| this act or Laws 1996, Chapter 89, Sections 1 and 3 through 5
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0020| is held invalid, the remainder or its application to other
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0021| situations or persons shall not be affected.
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0022| Section 6. ACT RETROACTIVE.--In the event this act is not
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0023| enacted with the emergency clause, to make it effective prior
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0024| to April 1, 1997, upon its effective date its provisions shall
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0025| be made retroactive in operation to April 1, 1997.
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0001| Section 7. EMERGENCY.--It is necessary for the public
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0002| peace, health and safety that this act take effect immediately.
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0003|
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0004|
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0005| FORTY-THIRD LEGISLATURE SB 430/a
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0006| FIRST SESSION, 1997
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0007|
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0008|
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0009| February 26, 1997
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0010|
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0011| Mr. President:
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0012|
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0013| Your CONSERVATION COMMITTEE, to whom has been referred
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0014|
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0015| SENATE BILL 430
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO PASS, amended as follows:
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0019|
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0020| 1. On page 4, lines 8 and 9, strike the brackets and line-
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0021| through for "authorized agent" and strike "regular employee".
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0022|
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0023| 2. On page 4, line 9, after "guides" strike the bracket and
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0024| line-through, strike the line-through on lines 10 and 11 and on
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0025| line 12, strike the bracket and line-through.
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0001|
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0002| 3. On page 4, line 12, strike "on the landowner's deeded
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0003| property".
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0004|
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0005| 4. On page 8, line 15, after "for" strike "outfitter" and
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0006| insert in lieu thereof "an outfitter's guided".
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0007|
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0008| 5. On page 8, strike lines 24 and 25, and on page 9, line
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0009| 1, strike "resident or nonresident hunter on the hunt,".
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0010|
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0011| 6. On page 10, lines 20 and 21, and strike "by November 1,
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0012| 1996".
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0013|
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0014| 7. On page 13, line 23, strike "up to".
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0015|
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0016| 8. On page 13, line 25, strike "at least".
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0017|
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0018| 9. On page 14, strike lines 2 through 10, and insert the
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0019| following:
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0020|
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0021| "C. If the number of nonresidents or residents who
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0022| apply for licenses pursuant to the provisions of Paragraphs (1)
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0023| and (2) of Subsection B of this section does not constitute the
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0024| allocated
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0025|
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0001|
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0002|
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0003|
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0004|
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0005|
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0006| percentages for either category of nonresidents or residents,
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0007| then the additional licenses available shall be granted to the
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0008| other category of nonresidents or residents.".
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0009|
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0010| 10. On page 14, lines 12 and 13, strike "twenty percent in
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0011| Paragraph (1) of" and insert in lieu thereof "the percentages
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0012| in",
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0013|
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0014| and thence referred to the FINANCE COMMITTEE.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021| __________________________________
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0022| Michael S. Sanchez, Chairman
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0023|
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0024|
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0025|
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0001| Adopted_______________________ Not
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0002| Adopted_______________________
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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0005|
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0006| Date ________________________
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0007|
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0008|
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0009| The roll call vote was 8 For 0 Against
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0010| Yes: 8
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0011| No: None
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0012| Excused: Macias, Tsosie
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0013| Absent: None
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0014|
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0015|
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0016|
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0017|
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0018|
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0019| S0430C01 .116920.1
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0020| .116979.1
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0021| .117364.1
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0022|
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0023| FORTY-THIRD LEGISLATURE SB 430/a
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| March 6, 1997
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0003|
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0004| Mr. President:
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0005|
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0006| Your FINANCE COMMITTEE, to whom has been referred
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0007|
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0008| SENATE BILL 430, as amended
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0009|
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0010| has had it under consideration and reports same with
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0011| recommendation that it DO PASS, amended as follows:
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0012|
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0013| 1. On page 13, line 23, strike "twenty" and insert in lieu
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0014| thereof "twenty-two".
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0015|
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0016| 2. On page 13, line 24, before the semicolon insert:
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0017|
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0018| "divided as follows:
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0019|
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0020| (a) twelve percent of the licenses to be drawn
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0021| by nonresidents who will be guided by a New Mexico outfitter or
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0022| guide; and
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0023|
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0024| (b) ten percent of the licenses to be drawn by
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0025| nonresidents who are not required to be guided by a New Mexico
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0001| outfitter or guide".
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0002|
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0003| 3. On page 13, line 25, strike "eighty" and insert in lieu
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0004| thereof "seventy-eight".
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0005|
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0006|
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0007| 4. On page 15, line 2, strike "twenty" and insert in lieu
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0008| thereof "twenty-two".
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0009|
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0010| 5. On page 15, line 2, after "applicants" strike the
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0011| remainder of the line, strike line 3 and insert in lieu thereof
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0012| "and where the total applicants for a hunt exceeds the number of
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0013| licenses available based on application data indicating that this
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0014| criteria occurred in each of the two immediately preceding years;
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0015| or".
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0016|
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0017|
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0018|
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0019|
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0020|
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0021|
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0022|
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0023|
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005| __________________________________
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0006| Ben. D. Altamirano, Chairman
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0007|
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0008|
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0009|
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0010| Adopted_______________________ Not
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0011| Adopted_______________________
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014|
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0015| Date ________________________
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0016|
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0017|
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0018| The roll call vote was 9 For 0 Against
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0019| Yes: 9
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0020| No: None
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0021| Excused: Carraro, McKibben
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0022| Absent: None
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0023|
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0024|
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0025| S0430FC1 .118356.1
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0001| .118389.1
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION
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0004|
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0005|
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0006| March 6, 1997
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0007|
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0008|
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0009| SENATE FLOOR AMENDMENT number _______ to SENATE BILL 430, as
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0010| amended
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0011|
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0012| Amendment sponsored by Senator Carlos R. Cisneros
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0013|
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0014|
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0015| 1. On page 9, line 18, after "and" insert ", except as
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0016| provided in Subsection Q of this section,".
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0017|
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0018| 2. On page 10, between lines 12 and 13, insert a new
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0019| subsection:
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0020|
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0021| "Q. A resident interim registered or registered
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0022| outfitter may apply for inactive status of his registration for
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0023| any period in which he does not operate as an outfitter. The
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0024| state game commission shall reactivate an outfitter registration
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0025| at the request of the outfitter and upon proof that the outfitter
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0001| complies with the provisions of this section and upon payment of
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0002| the annual registration fee for the year the registration is
|
0003| being reinstated and payment of a reinstatement fee of not to
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0004| exceed fifty dollars ($50.00).".
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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| Carlos R. Cisneros
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0010|
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0011|
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0012|
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0013| Adopted ___________________ Not Adopted _______________________
|
0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016|
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0017| Date _________________
|