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F I S C A L I M P A C T R E P O R T

SPONSOR HJC

DATE TYPED 3/12/05

HB 798/HJCS

SHORT TITLE Game & Fish Law & Rule Violation Penalties

SB

ANALYST Aguilar

REVENUE

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY05

FY06

Minimal

Indeterminate Recurring

Various

(Parenthesis ( ) Indicate Revenue Decreases)

Conflicts with: HB-47

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Game and Fish (DGF)

SUMMARY

Synopsis of Bill

The House Judiciary Committee substitute for House Bill 798 increases fines and other sanctions

for violating game and fish laws or rules.

Significant Issues

The committee substitute increases the fines and jail time for those convicted of violating statute

and game commission rules that involves the illegal taking, killing, possession of wildlife. This

bill also provides for a fourth degree felony if a person is convicted a second or subsequent time

of violating Chapter 17 statutes and game commission rules that relate to the illegal possession

or transportation of big game during closed season; taking big game during closed season; at-

tempting to take or taking big game using artificial light; exceeding the bag limit on big game

during open season; and hunting big game without a license.

House Bill 798/HJCS -- Page 2

The committee substitute removes reference to the term “during a closed season” which clears up

language regarding the illegal taking of game.

The Department of Game & Fish notes the bill clearly raises the possibility of fines and incar-

ceration. It is unknown how this will affect individual’s behavior. However, the bill is consis-

tent with the cornerstone philosophy of law enforcement, which is the best deterrence of viola-

tions, now and in the future, is the active apprehension and strong punishment of violators. Spe-

cifically, the Department has received broad support through public comment about increasing

penalties for violators, especially those that poach big game out of season, spotlight or hunt

without a license.

Preliminary data from other western states indicates that New Mexico has an overall lesser fine

and punishment schedule for wildlife violations; however it is unclear how accurate other states

data is as it has not been thoroughly and comprehensively compared.

FISCAL IMPLICATIONS

Revenue generated by the provision contained in this bill will have an effect on a variety of

funds statewide depending on the amounts levied and the court collecting the fines.

ADMINISTRATIVE IMPLICATIONS

No significant fiscal impact is expected because Conservation Officers will enforce these laws

whether they are misdemeanors or felonies. A minor amount of additional time might be re-

quired by conservation officers to work with District Attorney’s on felony cases, but the actual

impact is unknown and most likely will not have a negative impact on fiscal resources.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

A relationship may exist with HJM 18 which asks for a study of the waste of game and potential

solutions.

TECHNICAL ISSUES

If this bill is successful and these five specific felony violations are committed those facing a fel-

ony charge will have to be indicted or bound over to District Court. If District Court becomes

the appropriate venue for trial, legislators may wish to consider amending 17-2-9, which gives

magistrate court jurisdiction for all criminal and civil cases arising from Chapter 17.

PA/lg