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

SPONSOR Sanchez, M.

ORIGINAL DATE

LAST UPDATED

1-30-06

2-5-06 HB

SHORT TITLE Prohibit Computer-Assisted Hunting

SB 157/aSJC

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)

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of SJC Amendment

Senate Judiciary Amendment to SB157 amends the legislation as follows:

1. On page 2, line 1, after the semicolon insert "or".

2. On page 2, line 3, strike "; or" and insert in lieu thereof a period.

3. On page 2, strike lines 4 through 6 in their entirety.

Senate Judiciary Amendment to SB157 attaches no additional appropriation to the legislation.

Synopsis of Original Bill

Senate Bill 157, which relates to Game and Fish; Prohibiting Computer-Assisted Hunting of Ani-

mals or Birds; Providing Penalties, seeks to enact:

Section 1. A new section of Chapter 17, Article 3 NMSA 1978, as follows:

Senate Bill 157/aSJC – Page

2

"[NEW MATERIAL] COMPUTER-ASSISTED REMOTE HUNTING PROHIBITED--

PENALTIES.--

A. A person shall not:

(1) engage in computer-assisted remote hunting;

(2) provide or operate facilities for the purpose of computer-assisted remote hunting;

(3) create, maintain, provide, advertise or sell computer software or an internet web

site for the purpose of computer-assisted remote hunting;

(4) entice, possess or confine an animal or bird for the purpose of computer-assisted

remote hunting; or

(5) import into or export from this state an animal or bird, or any part of an animal or

bird, that is taken or captured by computer-assisted remote hunting.

B. A person who violates the provisions of this section shall be sentenced in accordance

with the provisions of Section 17-2-10 NMSA 1978.

C. When a person who violates the provisions of this section possesses a license, certifi-

cate or permit issued by the state game commission, the license, certificate or permit

shall be subject to revocation by the commission pursuant to Sections 17-1-14 and 17-3-

34 NMSA 1978.

D. As used in this section:

(1) "computer-assisted remote hunting" means the use of a computer or other elec-

tronic device, equipment or software to access the internet and remotely control the

aiming and discharge of a bow, crossbow or firearm of any kind for the purpose of

hunting, taking or capturing an animal or bird; and

(2) "facilities for computer-assisted remote hunting" means the real property and

improvements on the property associated with computer-assisted remote hunting, in-

cluding hunting blinds, offices and rooms equipped to facilitate computer-assisted

remote hunting."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2006.

There is no appropriation attached to this legislation.

FISCAL IMPLICATIONS

The Department of Game and Fish (DGF) indicates that there will be little, if any, revenues gen-

erated from this bill. Anyone violating the provisions of this bill would be subject to prosecution

in magistrate court. If fined, the court money is routed to the education fund. Only civil penal-

ties for illegally taking game are routed back to Game Protection Fund (516). This is estimated

to be very low as the Department has not received a report of anyone hunting in this manner in

Senate Bill 157/aSJC – Page

3

New Mexico. There may be a very minimal cost in investigating and prosecuting individuals

that violate this prohibition. This cost is easily absorbed as Conservation Officers are already

stationed in the field and routinely check people for compliance and investigate alleged viola-

tions of Chapter 17.

SIGNIFICANT ISSUES

DGF adds that this bill makes in it a misdemeanor crime to participate in internet or computer-

assisted hunting. Specifically, the bill makes it illegal for any one to participate in computer-

assisted remote hunting, provide or operate facilities, advertise, create, maintain or sell an inter-

net website or computer software for this prohibited purpose. It makes it illegal to entice, pos-

sess, confine an animal or bird for the purposes of computer-assisted hunting; to import or export

(including parts) an animal or bird for purposes of taking by computer-assisted hunting.

TECHNICAL ISSUES

DGF notes that this bill would make it illegal to take, capture or kill all animals and birds includ-

ing protected game, non-protected game and birds as well as domestic animals and livestock by

computer-assisted hunting. Page 2, line 20 states… for the purpose of hunting, taking or captur-

ing an animal or bird. Likewise Page 2, line 2 refers to an animal or bird. And again on Page 2,

line 4-5 refers to an animal or bird. This would mean that rabbits, skunks, coyotes, dogs, cats,

pigeons, chickens, horses, as well as cougars, bears or elk could not be taken, captured or killed

with the aid of internet remote computer technology. Even nuisance or problem animals (wild or

domestic) could not be killed, taken or captured by internet hunting.

Traditionally, the Department by and through Conservation Officers actively enforce Chapter 17

laws and rules related to protected game, fish and birds and furbearers. Some limited enforce-

ment is also carried out on threatened and endangered species as well as other wild by nature

animals. Conservation Officers do not enforce laws on domestic and livestock animals. En-

forcement of domestic animals is currently carried out by municipalities, livestock board and

other agencies with jurisdiction. This bill will establish that Conservation Officers actively in-

vestigate and prosecute anyone that participates in computer-assisted hunting, no matter what

type of animal or bird it is including livestock like goats, chickens or horses, and domestic ani-

mals like dogs or cats. If it is the intent of this bill to have Conservation Officers investigate and

prosecute anyone who attempts to kill, take or capture by computer-assisted hunting, then the bill

is correct. If this is not the intent, then the scope of authority or limitation on the type of animal

and bird this applies to needs to be changed.

BW/nt