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

SPONSOR McCoy

ORIGINAL DATE

LAST UPDATED

1-26-06

2-15-06 HB 252/aSPAC

SHORT TITLE Bear-Proof Containers in Certain Areas

SB

ANALYST Woods

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Game and Fish (DGF)

SUMMARY

Synopsis of SPAC Amendment

Senate Public Affairs Committee amendment to HB252 amends the legislation as follows:

1.

On page 6, line 22, strike “required” and insert in lieu thereof “recommended”.

2.

On page 7, line 2, strike “required” and insert in lieu thereof “recommended”.

3.

On page 7, line 3, strike “enforcement of requirements for the”.

4.

On page 7, line 16, insert a closing quotation mark after the period.

5.

On page 7, strike lines 17 through 21 in their entirety.

Senate Public Affairs Committee amendment to HB252 adds no appropriation to the legislation.

House Bill 252/aSPAC – Page

2

Synopsis of Original Bill

House Bill 252, which relates to game and fish; providing for bear-proof containers, amends Sec-

tion 17-1-14 NMSA 1978 (being Laws 1921, Chapter 35, Section 7, as amended by Laws 2005,

Chapter 38, Section 1 and by Laws 2005, Chapter 177, Section 1) by inserting the following new

language:

F. The state game commission may designate areas where bear-proof garbage con-

tainers are required. The state game commission shall notify, within thirty days after

designating such an area, each county, municipality or other political subdivision in

that area of the designation. A political subdivision in which bear-proof containers

are required shall establish a plan for the implementation and enforcement of re-

quirements for the use of bear-proof containers in these designated areas. The state

game commission may use the big game depredation damage fund for cooperative

funding to encourage cost-effective implementation with a political subdivision re-

questing assistance in implementing its plan. As used in this subsection, "bear-proof

container" means a covered dumpster or container that is structurally configured and

constructed of materials to prevent or substantially impede access by wildlife or a

container enclosed in an area not accessible to wildlife. The state game commission

shall adopt rules on the capacity requirements of bear-proof containers located at

commercial establishments or in use as community dumpsters and on an exemption

from the rules for small capacity containers at residential properties. A container that

exists at the time a county, municipal or other political subdivision's plan is imple-

mented and that has a future life expectancy of three years or more is not required to

be a bear-proof container for a period of three years from implementation of the plan.

There is no appropriation attached to this legislation.

FISCAL IMPLICATIONS

The Department of Game and Fish (DGF) indicates that the proposed bill allows the State Game

Commission the ability to designate areas where bear-proof garbage containers are required, and

allows the commission to use funds designated for correcting damage caused by big game on

federal, state or private land and to prevent future damage.

DGF further notes that while the commission may provide cooperative funding to encourage

cost-effective implementation (such as grant match) with a political subdivision, the legislation

does not indicate either a maximum or minimum amount that could be allocated to assist politi-

cal subdivisions. The commission will notify the county, municipality or other political subdivi-

sion of the designation within 30 days and notified political subdivisions must develop a plan for

container implementation.

SIGNIFICANT ISSUES

DGF indicates that it is unknown how many political subdivisions will be required to provide

bear-proof containers and how many will request assistance from the department. The depart-

ment recognizes that bear-proof containers are in the best interest of bears, political subdivisions

and the department itself, therefore an offer of limited cooperative funding is necessary for prac-

tical, long-term solutions that protect bears, as well as citizens and diminish human/bear interac-

House Bill 252/aSPAC – Page

3

tions. Language in the bill recognizes implementation limitations and provides that existing con-

tainers with a future life expectancy of 3 years or more not be converted to “bear proof” immedi-

ately and in addition, it also provides an exemption for small capacity containers normally used

in residential areas.

ADMINISTRATIVE IMPLICATIONS

This legislation requires the State Game Commission to promulgate rules that establishes capac-

ity requirements for containers at commercial establishments, community dumpsters and pro-

vides exemptions for residential properties. The bill also requires the commission to designate

areas where bear-proof containers are required and provide notification to counties, municipali-

ties, or political subdivisions within 30 days. Political subdivisions would also develop a plan,

but there is no timeline for plan development.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

DGF notes that the proposed language expands on current language in the statute, specifically

section 16 of 17-1-14 NMSA 1978.

BW/mt