HOUSE BILL 143

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Elias Barela

AN ACT

RELATING TO WILDLIFE; PROVIDING FOR PENALTIES FOR INFRACTIONS OF DEPARTMENT OF GAME AND FISH RULES TO BE PAID AS PENALTY ASSESSMENTS.

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

     Section 1. Section 17-2-10.1 NMSA 1978 (being Laws 1995, Chapter 177, Section 1) is amended to read:

     "17-2-10.1. GAME AND FISH PENALTY ASSESSMENT MISDEMEANORS--DEFINITION--SCHEDULE OF ASSESSMENTS.--

          A. As used in Chapter 17 NMSA 1978, "penalty assessment misdemeanor" means a violation of any of the following listed sections of the NMSA 1978 for which the listed penalty assessment is established:

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT

Fishing without a license      17-3-17        $ 75.00

Hunting small game without

  a license                     17-3-1         $100.00

Fishing rule infractions       17-2-7       $ 75.00

Upland game rule infractions   17-2-7       $100.00

Waterfowl rule infractions     17-2-7       $100.00

Manner and method infractions  17-2-7       $100.00.

          B. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor.

          C. With the penalty assessment collected for [each penalty assessment misdemeanor pursuant to this section] a violation of Section 17-3-1 or 17-3-17 NMSA 1978, there shall be assessed and collected the cost of the appropriate license that the violator failed to produce. Upon presentation of proof of payment of the penalty assessment, the director of the department of game and fish shall issue the appropriate license." 

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