AN ACT

RELATING TO GAME AND FISH; PROVIDING FOR LICENSE APPLICATIONS TO BE ACCEPTED OVER THE INTERNET; PROVIDING FOR ELECTRONIC APPLICATIONS FOR HUNTING LICENSE DRAWINGS; PROVIDING A PENALTY FOR A NONRESIDENT TO POSSESS A RESIDENT LICENSE.

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

     Section 1. 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 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 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."

     Section 2. Section 17-3-6 NMSA 1978 (being Laws 1923, Chapter 129, Section 2, as amended) is amended to read:

     "17-3-6. FALSE STATEMENTS--USING LICENSE ISSUED TO ANOTHER--HUNTING WITHOUT LICENSE LAWFULLY PROCURED--ALTERING LICENSES.--It is a misdemeanor:

          A. to certify or sign any false or fraudulent statement relative to the residence of any applicant for a hunting or fishing license or permit;

          B. for any nonresident of New Mexico, for the purpose of securing a New Mexico hunting or fishing license, to make or cause to be made any false or fraudulent statements or representations to any person issuing hunting and fishing licenses in this state;

          C. to use a hunting or fishing license issued to or in the name of any other person or in the name of any fictitious person;

          D. to hunt game or fish in New Mexico without a license lawfully procured; 

          E. for any license vendor or any licensee to alter or predate or postdate any license, certificate or permit; or

          F. for any nonresident to possess a resident hunting, fishing or trapping license issued in the nonresident's name pursuant to a telephone, electronic or hard copy application."

HB 37

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