HB0084

HOUSE BILL 84

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Patricia A. Lundstrom

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; CREATING THE NATURAL RESOURCES AND ENVIRONMENT DEPARTMENT; REPLACING THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT, THE DEPARTMENT OF ENVIRONMENT, THE DEPARTMENT OF GAME AND FISH AND THE NATURAL RESOURCES TRUSTEE; PROVIDING POWERS AND DUTIES; CONSOLIDATING CERTAIN REGULATORY BOARDS; TRANSFERRING THE DUTIES OF THE STATE GAME COMMISSION TO THE GAME AND FISH DIVISION OF THE NATURAL RESOURCES AND ENVIRONMENT DEPARTMENT; ELIMINATING THE STATE GAME COMMISSION; COMBINING THE MINING COMMISSION AND THE COAL SURFACE MINING COMMISSION; ELIMINATING THE TECHNICAL ADVISORY COMMITTEE TO THE OFFICE OF INTERSTATE NATURAL GAS MARKETS AND THE NATURAL LANDS PROTECTION COMMITTEE; SUNSETTING ALL BOARDS AND COMMISSIONS ADDRESSING ENERGY AND NATURAL RESOURCES ISSUES; CHANGING THE DEPOSIT OF FINES FROM SPECIAL FUNDS TO THE GENERAL FUND FOR CREDIT TO THE CURRENT SCHOOL FUND; TRANSFERRING FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES; REPEALING THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT ACT AND THE DEPARTMENT OF ENVIRONMENT ACT; AMENDING, REPEALING, ENACTING AND RECOMPILING SECTIONS OF THE NMSA 1978; RECONCILING MULTIPLE AMENDMENTS TO SECTIONS OF LAW IN LAWS 1997, LAWS 2000 AND LAWS 2005.

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

SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 17 of this act may be cited as the "Natural Resources and Environment Department Act".

SECTION 2. [NEW MATERIAL] PURPOSE.--The purpose of the Natural Resources and Environment Department Act is to establish a single, unified department to administer laws and exercise functions formerly administered and exercised by the energy, minerals and natural resources department, the department of environment, the department of game and fish and the natural resources trustee.

SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Natural Resources and Environment Department Act:

A. "board" means the environmental improvement board;

B. "department" means the natural resources and environment department; and

C. "secretary" means the secretary of natural resources and environment.

SECTION 4. [NEW MATERIAL] DEPARTMENT CREATED.--

A. The "natural resources and environment department" is created as a cabinet department and includes the following organizational units:

(1) the office of the secretary;

(2) the administrative services division;

(3) the environmental protection division, which shall include:

(a) the air quality bureau;

(b) the environmental health bureau;

(d) the natural resources trustee bureau;

(e) the petroleum storage tank bureau; and

(f) the solid waste bureau;

(4) the energy conservation and management division;

(5) the forestry division;

(6) the mining and minerals division, which shall include:

(a) the abandoned mine lands bureau;

(b) the mine regulatory bureau; and

(7) the oil conservation division;

(8) the state parks division;

(9) the water and waste management division, which shall include:

(a) the department of energy oversight bureau;

(b) the ground water quality bureau;

(d) the surface water quality bureau;

(10) the water and wastewater infrastructure development division; and

(11) the game and fish division.

B. The secretary may establish, merge or eliminate organizational units for better efficiency or effectiveness, but a reorganization of statutory divisions or bureaus shall be reported to the next regular session of the legislature.

SECTION 5. [NEW MATERIAL] ADMINISTRATIVELY ATTACHED AGENCIES.--The following boards, commissions, committees and councils are administratively attached to the department:

A. the environmental improvement board;

B. the mining commission;

C. the natural lands protection committee;

D. the oil conservation commission;

E. the radiation technical advisory council;

F. the water quality control commission;

G. the New Mexico youth conservation corps commission;

H. off-highway motor vehicle advisory board;

I. state parks advisory board;

J. tree planting advisory committee; and

K. fire planning task force.

SECTION 6. [NEW MATERIAL] SECRETARY OF NATURAL RESOURCES AND ENVIRONMENT--APPOINTMENT.--

A. The administrative head of the natural resources and environment department is the "secretary of natural resources and environment", who shall be appointed by the governor with the consent of the senate and who shall serve in the executive cabinet.

B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting the appointment.

SECTION 7. [NEW MATERIAL] DUTIES AND GENERAL POWERS.--

A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which the secretary or the department is charged.

B. To perform the duties, the secretary has every power expressly enumerated in the laws, whether granted to the secretary, the department or any division of the department, except where authority conferred upon any division is explicitly exempt from the secretary's authority by statute. In accordance with these provisions, the secretary shall:

(1) except as otherwise provided in the Natural Resources and Environment Department Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and rules;

(2) delegate authority to subordinates as the secretary deems necessary and appropriate, clearly delineating that delegated authority and the limitations thereto;

(3) organize the department into those organizational units the secretary deems will enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge the duties of the department;

(5) take administrative action by issuing orders and instructions, consistent with the law, to assure implementation of and compliance with the provisions of law for which administration or execution the department or the secretary is responsible and to enforce those orders and instructions by appropriate administrative action or actions in the courts;

(6) conduct research and studies that will improve the operations of the department and the provision of services to the residents of the state;

(7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs with the objective of improving the operations and efficiency of administration;

(8) prepare an annual budget of the department; and

(9) appoint, with the governor's consent, a "director" for each division. These appointed positions are exempt from the provisions of the Personnel Act. Persons appointed to these positions shall serve at the pleasure of the secretary.

C. The secretary may apply for and receive, with the governor's approval and in the name of the department, any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.

D. The secretary may make and adopt such reasonable and procedural rules as necessary to carry out the duties of the department and its divisions. No rule promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the secretary, unless otherwise provided by statute. Unless otherwise provided by statute, no procedural rules affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule, proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules shall be filed in accordance with the State Rules Act.

SECTION 8. [NEW MATERIAL] DEPARTMENT--ADDITIONAL DUTIES.--The department shall develop a comprehensive watershed restoration strategy that sets guidelines for coordination with state and federal land management agencies and political subdivisions, including the soil and water conservation districts and other stakeholders. The strategy shall focus on removing the overabundance of woody vegetation, particularly non-native species of phreatophytes, that consume excessive amounts of water and on reestablishing the natural ecology of New Mexico. The strategy shall use:

A. incentives to encourage the formation of businesses to clear vegetation;

B. incentives to encourage biomass energy use; and

C. inmates from the corrections department to assist with watershed cleanup.

SECTION 9. [NEW MATERIAL] DIVISIONS--DIRECTORS.--The secretary shall appoint, with the approval of the governor, directors of the divisions established within the department. Division directors are exempt from the Personnel Act.

SECTION 10. [NEW MATERIAL] BUREAUS--CHIEFS.--The secretary shall establish within each division such "bureaus" as deemed necessary to carry out the provisions of the Natural Resources and Environment Department Act. The secretary shall employ a "chief" to be the administrative head of each bureau. The chief and all subsidiary employees of the department shall be covered by the Personnel Act unless otherwise provided by law.

SECTION 11. [NEW MATERIAL] ORGANIZATIONAL UNITS OF THE DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, and the secretary shall retain the final decision-making authority and responsibility for the administration of any laws as provided in Section 7 of the Natural Resources and Environment Department Act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.

SECTION 12. [NEW MATERIAL] ADVISORY COMMITTEES.--

A. Advisory committees may be created. "Advisory" means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements and does not extend to administering a program or function or setting policy unless specified by law. Advisory committees shall be appointed in accordance with the provisions of the Executive Reorganization Act.

B. All members of advisory committees appointed under the authority of this section are entitled to receive as their sole remuneration for services as a member those amounts authorized under the Per Diem and Mileage Act.

SECTION 13. [NEW MATERIAL] STATE ALTERNATIVE FUEL PROGRAM MANAGER--CREATION.--A "state alternative fuel program manager" is created in the energy conservation and management division of the department. The manager's duties include:

A. promoting, coordinating and monitoring the implementation of state clean alternative fuel transportation programs, including a mass transit demonstration project and other demonstration projects that place New Mexico on the leading edge of new clean fuel technologies;

B. coordinating and directing the provisions of the Alternative Fuel Acquisition Act; and

C. mobilizing and coordinating necessary resources and expertise from government, education and the private sector to assist in clean alternative fuel transportation programs and projects.

SECTION 14. [NEW MATERIAL] WASTEWATER TREATMENT TECHNICAL ADVISORY COMMITTEE CREATED--DUTIES AND POWERS OF THE COMMITTEE.--

A. The "wastewater treatment technical advisory committee" is created. The committee shall consist of five members to be appointed by and to serve at the pleasure of the secretary. The members shall include:

(1) a wastewater treatment system engineer with at least ten years of experience in wastewater system design and construction;

(2) a faculty member from a university or college located within New Mexico with a minimum of a master's degree in biological science, microbiology, soil science or engineering, and with a minimum of ten years of work or academic experience with wastewater treatment or wastewater treatment facility management;

(3) a representative from the New Mexico state university water utilities technical assistance program;

(4) a class 4 certified wastewater operator with at least ten years of experience; and

(5) a representative from the New Mexico home builders association.

B. The term of appointed members shall be three years. Members shall serve until their successors are appointed and qualified. Vacancies occurring in the membership of an appointed member shall be filled by the secretary for the remainder of the unexpired term.

C. The committee shall conduct open meetings as needed but not less than quarterly.

D. The department shall provide technical and legal assistance to the committee as needed.

E. The committee shall:

(1) establish procedures, practices and policies governing the committee's activities;

(2) provide standardized objective evaluation of wastewater treatment and disposal technologies for both large- and small-flow domestic, commercial and agricultural wastewater systems and submit its findings to the secretary for final approval by the secretary, who shall add the wastewater treatment and disposal technologies to the list of approved technologies maintained by the department, including the ground water quality bureau and the liquid waste program of the water and waste management division of the department or their successors and their constituent agencies; and

(3) maintain a current list of approved wastewater technologies accessible by the public on the department's web site.

F. Members of the committee are entitled to receive reimbursement for expenses incurred in the performance of their duties pursuant to the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance. Expenditures for this purpose shall be made from the budgeted funds of the department.

SECTION 15. [NEW MATERIAL] COOPERATION WITH THE FEDERAL GOVERNMENT--AUTHORITY OF SECRETARY--SINGLE STATE STATUS.--

A. The department is authorized to cooperate with the federal government in the administration of natural resource, energy or environmental programs in which financial or other participation by the federal government is authorized or mandated under state or federal laws, rules or orders. The secretary may enter into agreements with agencies of the federal government to implement natural resource, energy or environmental programs subject to availability of appropriated state funds and any provisions of state laws applicable to such agreements or participation by the state.

B. The governor or the secretary may by appropriate order designate the department or any organizational unit of the department as the single state agency for the administration

of any natural resource, energy or environmental program when that designation is a condition of federal financial or other participation in the program under applicable federal law, rule or order. Whether or not a federal condition exists, the governor may designate the department or any organizational unit of the department as the single state agency for the administration of any natural resource, energy or environmental program. No designation of a single state agency under the authority granted in this section shall be made in contravention of state law.

SECTION 16. [NEW MATERIAL] ENVIRONMENTAL IMPROVEMENT BOARD--EXEMPTIONS FROM AUTHORITY OF SECRETARY.--The board shall receive staff support from the department. All powers, duties and responsibilities of the board under the Food Service Sanitation Act, the New Mexico Food Act, the Flour and Bread Act, the Occupational Health and Safety Act, the Environmental Improvement Act, the Air Quality Control Act, the Radiation Protection Act, the Hazardous Waste Act, the Ground Water Protection Act, the Environmental Compliance Act, the Solid Waste Act, the Rural Infrastructure Act, the Recycling and Illegal Dumping Act and Sections 74-4A-1 and 74-8-1 through 74-8-3 NMSA 1978 are explicitly exempt from the authority of the secretary under the provisions of Subsection B of Section 7 of the Natural Resources and Environment Department Act.

SECTION 17. [NEW MATERIAL] WATER QUALITY CONTROL COMMISSION--EXEMPTIONS FROM AUTHORITY OF SECRETARY.--The water quality control commission shall receive staff support from the department. All powers, duties and responsibilities of the water quality control commission under Section 74-6-11 NMSA 1978 and the Water Quality Act are hereby explicitly exempted from the authority of the secretary under the provisions of Subsection B of Section 7 of the Natural Resources and Environment Department Act.

SECTION 18. Section 3-29-2 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-28-2, as amended) is amended to read:

"3-29-2. DEFINITIONS.--As used in the Sanitary Projects Act:

A. "community" means a rural unincorporated community and includes a combination of two or more rural unincorporated communities when they have been combined for the purposes set forth in the Sanitary Projects Act;

B. "association" includes an association or mutual domestic water consumers association organized under Laws 1947, Chapter 206, Laws 1949, Chapter 79 or Laws 1951, Chapter 52, as well as any association organized under the provisions of the Sanitary Projects Act;

C. "department" means the natural resources and environment department [of environment];

D. "member" or "membership" means a person who has paid the appropriate fees and has been issued a certificate as required by association bylaws;

E. "person" means a single residence or property owner, as determined by the rules adopted by the association's board of directors; and

F. "project" means a water supply or reuse, storm drainage or wastewater facility owned, constructed or operated by an association."

SECTION 19. Section 6-10-3 NMSA 1978 (being Laws 1923, Chapter 76, Section 2, as amended) is amended to read:

"6-10-3. PAYMENT OF STATE MONEY INTO TREASURY--SUSPENSE FUNDS.--All public money in the custody or under the control of any state official or agency obtained or received by any official or agency from any source, except as in Section 6-10-54 NMSA 1978 provided, shall be paid into the state treasury. It is the duty of every official or person in charge of any state agency receiving any money in cash or by check, draft or otherwise for or on behalf of the state or any agency thereof from any source, except as in Section 6-10-54 NMSA 1978 provided, to forthwith and before the close of the next succeeding business day after the receipt of the money to deliver or remit it to the state treasurer. Provided, however, that the money collected by the state [park and recreation] parks division of the [energy, minerals and] natural resources and environment department and the state monuments [of the museum] division of the [office of] cultural affairs department shall be deposited into the state treasury no later than ten days following collection. Provided that county treasurers shall remit all money received for taxes for state purposes or that are by law required to be remitted to the state treasurer on or before the tenth day of the next succeeding month following the receipt or collection thereof. Provided further that every official or person in charge of any state agency receiving any money, except as in Section 6-10-54 NMSA 1978 provided, in cash or by check, draft or otherwise, on deposit, in escrow or in evidence of good faith to secure the performance of any contract or agreement with the state or with any department, institution or agency of the state, which money has not yet been earned so as to become the absolute property of the state, shall deliver or remit to the state treasurer within the times and in the manner in this section provided, which money shall be by the state treasurer deposited in a suspense account to the credit of the proper official, person, board or bureau in charge of any state agency so receiving the money; provided, however, that all money held by the commissioner of public lands on deposit, in escrow or in evidence of good faith to secure the performance of any contract or agreement with the state shall be delivered or remitted to the state treasurer within six months from the date this act is approved and, at those times, in the amounts and from the various banks in which it is deposited as may be directed by the state board of finance."

SECTION 20. Section 6-21A-3 NMSA 1978 (being Laws 1997, Chapter 144, Section 3, as amended) is amended to read:

"6-21A-3. DEFINITIONS.--As used in the Drinking Water State Revolving Loan Fund Act:

A. "authority" means the New Mexico finance authority;

B. "department" means the natural resources and environment department [of environment];

C. "drinking water facility construction project" means the acquisition, design, construction, improvement, expansion, repair or rehabilitation of all or part of any structure, facility or equipment necessary for a drinking water system or water supply system;

D. "drinking water supply facility" means any structure, facility or equipment necessary for a drinking water system or water supply system;

E. "financial assistance" means loans, the purchase or refinancing of debt obligation of a local authority at an interest rate that is less than or equal to the market interest rate in any case in which a debt obligation is incurred after July 1, 1993, loan guarantees, bond insurance or security for revenue bonds issued by the authority;

F. "fund" means the drinking water state revolving loan fund;

G. "local authority" means any municipality, county, incorporated county, sanitation district, water and sanitation district or any similar district, public or private water cooperative or association or any similar organization, public or private community water system or nonprofit noncommunity water system or any other agency created pursuant to a joint powers agreement acting on behalf of any entity listed in this subsection with a publicly owned drinking water system or water supply system that qualifies as a community water system or nonprofit noncommunity system as defined by the Safe Drinking Water Act. "Local authority" does not include systems owned by federal agencies;

H. "operate and maintain" means to perform all necessary activities, including the replacement of equipment or appurtenances, to assure the dependable and economical function of a drinking water facility in accordance with its intended purpose; and

I. "Safe Drinking Water Act" means the federal Safe Drinking Water Act as amended in 1996 and its subsequent amendments or successor provisions."

SECTION 21. Section 6-21D-2 NMSA 1978 (being Laws 2005, Chapter 176, Section 2) is amended to read:

"6-21D-2. DEFINITIONS.--As used in the Energy Efficiency and Renewable Energy Bonding Act:

A. "authority" means the New Mexico finance authority;

B. "bonds" means energy efficiency bonds;

C. "department" means the [energy, minerals and] natural resources and environment department;

D. "energy efficiency measure" means a modification or improvement to a building or complex of buildings that is designed to reduce energy consumption or operating costs or that provides a renewable energy source and may include:

(1) insulation of the building structure or systems within the building;

(2) storm windows or doors, caulking or weatherstripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, additional glazing, reductions in glass area or other window and door system modifications that reduce energy consumption;

(3) automated or computerized energy control systems;

(4) heating, ventilating or air conditioning system modifications or replacements;

(5) replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system;

(6) energy recovery systems;

(7) on-site photovoltaics, solar heating and cooling systems or other renewable energy systems; or

(8) cogeneration or combined heat and power systems that produce steam, chilled water or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings;

E. "fund" means the energy efficiency and renewable energy bonding fund;

F. "school district" means a political subdivision of the state established for the administration of public schools, segregated geographically for taxation and bonding purposes and governed by the Public School Code;

G. "school district building" means a building, the title to which is held by a school district; and

H. "state building" means a building, the title to which is held by the state or an agency of the state."

SECTION 22. Section 6-23-2 NMSA 1978 (being Laws 1993, Chapter 231, Section 2, as amended) is amended to read:

"6-23-2. DEFINITIONS.--As used in the Public Facility Energy Efficiency and Water Conservation Act:

A. "conservation-related cost savings" means cost savings, other than utility cost savings, in the operating budget of a governmental unit that are a direct result of energy or water conservation measures implemented pursuant to a guaranteed utility savings contract;

B. "energy conservation measure" means a training program or a modification to a facility, including buildings, systems or vehicles, that is designed to reduce energy consumption or conservation-related operating costs and may include:

(1) insulation of the building structure or systems within the building;

(2) storm windows or doors, caulking or weatherstripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area or other window and door system modifications that reduce energy consumption;

(3) automated or computerized energy control systems;

(4) heating, ventilating or air conditioning system modifications or replacements;

(5) replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code or nationally accepted standards for the lighting system after the proposed modifications are made;

(6) energy recovery systems;

(7) solar energy generating or heating and cooling systems or other renewable energy systems;

(9) energy conservation measures that provide long-term operating cost reductions;

(10) maintenance and operation management systems that provide long-term operating cost reductions;

(11) traffic control systems; or

(12) alternative fuel options or accessories for vehicles;

C. "governmental unit" means an agency, political subdivision, institution or instrumentality of the state, including two- and four-year institutions of higher education, a municipality, a county or a school district;

D. "guaranteed utility savings contract" means a contract for the evaluation and recommendation of energy or water conservation measures and for the implementation of one or more of those measures, and which contract provides that all payments, except obligations on termination of the contract before its expiration, are to be made over time and the savings are guaranteed to the extent necessary to make the payments for the conservation measures;

E. "qualified provider" means a person experienced in the design, implementation and installation of energy or water conservation measures and who meets the experience qualifications developed by the [energy, minerals and] natural resources and environment department for energy conservation measures or the office of the state engineer for water conservation measures;

F. "utility cost savings" means the amounts saved by a governmental unit in the purchase of energy or water that are a direct result of energy or water conservation measures implemented pursuant to a guaranteed utility savings contract; and

G. "water conservation measures" means a training program, change in maintenance practices or facility or landscape alteration designed to reduce water consumption or conservation-related operating costs."

SECTION 23. Section 7-29A-2 NMSA 1978 (being Laws 1992, Chapter 38, Section 2) is amended to read:

"7-29A-2. DEFINITIONS.--As used in the Enhanced Oil Recovery Act:

A. "crude oil" means oil and other liquid hydrocarbons removed from natural gas at or near the wellhead;

B. "division" means the oil conservation division of the [energy, minerals and] natural resources and environment department;

C. "enhanced recovery project" means the use or the expanded use of any process for the displacement of crude oil from an oil well or pool classified by the division pursuant to Paragraph (11) of Subsection B of Section 70-2-12 NMSA 1978 other than a primary recovery process, including but not limited to the use of a pressure maintenance process, a water flooding process, an immiscible, miscible, chemical, thermal or biological process or any other related process;

D. "expansion or expanded use" means a significant change or modification, as determined by the [oil conservation] division in:

(1) the technology or process used for the displacement of crude oil from an oil well or pool classified by the division pursuant to Paragraph (11) of Subsection B of Section 70-2-12 NMSA 1978; or

(2) the expansion, extension or increase in size of the geologic area or adjacent geologic area that could reasonably be determined to represent a new or unique area of activity;

E. "operator" means the person responsible for the actual physical operation of an enhanced recovery project;

F. "person" means any individual, estate, trust, receiver, business trust, corporation, firm, copartnership, cooperative, joint venture, association or other group or combination acting as a unit, and the plural as well as the singular number;

G. "positive production response" means that the rate of oil production from the wells or pools affected by an enhanced recovery project is greater than the rate that would have occurred without the project;

H. "primary recovery" means the displacement of crude oil from an oil well or pool classified by the division pursuant to Paragraph (11) of Subsection B of Section 70-2-12 NMSA 1978 into the well bore by means of the natural pressure of the oil well or pool, including but not limited to artificial lift;

I. "recovered oil tax rate" means that tax rate, as set forth in Paragraph (3) of Subsection A of Section 7-29-4 NMSA 1978, on crude oil produced from an enhanced recovery project;

J. "secondary recovery project" means an enhanced recovery project that:

(1) occurs subsequent to the completion of primary recovery and is not a tertiary recovery project;

(2) involves the application, in accordance with sound engineering principles, of carbon dioxide miscible fluid displacement, pressure maintenance, water flooding or any other secondary recovery method accepted and approved by the division pursuant to the provisions of Paragraph (14) of Subsection B of Section 70-2-12 NMSA 1978 that can reasonably be expected to result in an increase, determined in light of all facts and circumstances, in the amount of crude oil that may ultimately be recovered; and

(3) encompasses a pool or portion of a pool the boundaries of which can be adequately defined and controlled;

K. "severance" means the taking from the soil of any product in any manner whatsoever;

L. "termination" means the discontinuance of an enhanced recovery project by the operator; and

M. "tertiary recovery project" means an enhanced recovery project that:

(1) occurs subsequent to the completion of a secondary recovery project;

(2) involves the application, in accordance with sound engineering principles, of carbon dioxide miscible fluid displacement, pressure maintenance, water flooding or any other tertiary recovery method accepted and approved by the division pursuant to the provisions of Paragraph (14) of Subsection B of Section 70-2-12 NMSA 1978 that can reasonably be expected to result in an increase, determined in light of all facts and circumstances, in the amount of crude oil that may ultimately be recovered; and

(3) encompasses a pool or portion of a pool the boundaries of which can be adequately defined and controlled."

SECTION 24. Section 7-29B-2 NMSA 1978 (being Laws 1995, Chapter 15, Section 2, as amended by Laws 1999, Chapter 7, Section 2 and as further amended by Laws 1999, Chapter 256, Section 3) is amended to read:

"7-29B-2. DEFINITIONS.--As used in the Natural Gas and Crude Oil Production Incentive Act:

A. "average annual taxable value" means the average of the taxable value per barrel, determined pursuant to Section 7-31-5 NMSA 1978, of all oil produced in New Mexico for the specified calendar year as determined by the department;

B. "average daily production" means, for any crude oil or natural gas property assigned a single production number by the department, the number derived by dividing the total volume of crude oil or natural gas production from the property reported to the division during a calendar year by the sum of the number of days each eligible well within the property produced or injected during that calendar year;

C. "department" means the taxation and revenue department;

D. "division" means the oil conservation division of the [energy, minerals and] natural resources and environment department;

E. "eligible well" means a crude oil or natural gas well that produces or an injection well that injects and is integral to production for any period of time during the preceding calendar year;

F. "natural gas" means any combustible vapor composed chiefly of hydrocarbons occurring naturally;

G. "operator" means the person responsible for the actual physical operation of a natural gas or oil well;

H. "person" means any individual or other legal entity, including any group or combination of individuals or other legal entities acting as a unit;

I. "production restoration incentive tax exemption" means the tax exemption set forth in Subsection B of Section 7-29-4 NMSA 1978 for natural gas or oil produced from a production restoration project;

J. "production restoration project" means the use of any process for returning to production a natural gas or oil well that had thirty days or less of production in any period of twenty-four consecutive months beginning on or after January 1, 1993 as approved and certified by the division;

K. "severance" means the taking from the soil of any product in any manner whatsoever;

L. "stripper well property" means a crude oil or natural gas producing property that is assigned a single production unit number by the department and:

(1) if a crude oil producing property, produced an average daily production of less than ten barrels of oil per eligible well per day for the preceding calendar year;

(2) if a natural gas producing property, produced an average daily production of less than sixty thousand cubic feet of natural gas per eligible well per day during the preceding calendar year; or

(3) if a property with wells that produce both crude oil and natural gas, produced an average daily production of less than ten barrels of oil per eligible well per day for the preceding calendar year, as determined by converting the volume of natural gas produced by the well to barrels of oil by using a ratio of six thousand cubic feet to one barrel of oil;

M. "stripper well incentive tax rates" means the tax rates set forth in Paragraphs (6) through (9) of Subsection A of Section 7-29-4 NMSA 1978 and in Paragraphs (4) through (7) of Subsection A of Section 7-31-4 NMSA 1978 for natural gas or oil produced from a well within a stripper well property;

N. "well workover incentive tax rate" means the tax rate set forth in Paragraphs (4) and (5) of Subsection A of Section 7-29-4 NMSA 1978 on the natural gas or oil produced from a well workover project; and

O. "well workover project" means any procedure undertaken by the operator of a natural gas or oil well that is intended to increase the production from the well and that has been approved and certified by the division."

SECTION 25. Section 9-5B-1 NMSA 1978 (being Laws 1992, Chapter 91, Section 1) is amended to read:

"9-5B-1. SHORT TITLE.--[This act] Chapter 9, Article 5B NMSA 1978 may be cited as the "New Mexico Youth Conservation Corps Act"."

SECTION 26. Section 9-5B-3 NMSA 1978 (being Laws 1992, Chapter 91, Section 3) is amended to read:

"9-5B-3. DEFINITIONS.--As used in the New Mexico Youth Conservation Corps Act:

A. "commission" means the New Mexico youth conservation corps commission;

B. "corps" means the New Mexico youth conservation corps;

C. "corps member" means a person enrolled in the corps;

D. "department" means the [energy, minerals and] natural resources and environment department;

E. "nonprofit organization" means any organization that has been granted an exemption from federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c) of the United States Internal Revenue Code of 1986, as amended or renumbered;

F. "project" means an activity that can be completed in six months or less, results in a specific identifiable service or product that otherwise would not be accomplished with existing funds and does not duplicate the routine services or functions of the sponsor;

G. "resident" means an individual who has resided in New Mexico for at least six months before applying for employment with the corps; and

H. "sponsor" means any local unit of government, state agency, federal agency, nonprofit organization or federally recognized Native American tribe."

SECTION 27. Section 9-5B-5 NMSA 1978 (being Laws 1992, Chapter 91, Section 5) is amended to read:

"9-5B-5. COMMISSION CREATED--MEMBERSHIP--APPOINTMENTS--

TERMS--VACANCIES--COMPENSATION.--

A. There is created a nine-member "New Mexico youth conservation corps commission", which is administratively attached to the department. The commission consists of the following members:

(1) the [superintendent of public instruction] secretary of public education or [his] the secretary's designee;

(2) the commissioner of public lands or [his] the commissioner's designee;

(3) the secretary of [energy, minerals and] natural resources and environment or [his] the secretary's designee;

(4) the secretary of [the youth authority] children, youth and families or [his] the secretary's designee; and

(5) five members of the general public appointed by the governor to reflect the geographic diversity of the state, one of whom is knowledgeable in the current policies of the United States forest service and one of whom is Native American.

B. One [of the members] public member of the commission shall be appointed by the governor for a one-year term, two public members shall be appointed for two-year terms and two public members shall be appointed for three-year terms [and]. All subsequent appointments of public members shall be made for three-year terms.

C. The public members shall serve at the pleasure of the governor. Vacancies on the commission caused by the loss of a public member shall be filled by appointment by the governor for the unexpired term within sixty days of the vacancy. Public commission members shall serve until their successors have been appointed.

D. A majority of the members of the commission constitutes a quorum for transaction of business. The commission shall elect a [chairman] chair from its membership.

E. Public members of the commission [shall be compensated] are entitled to per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

SECTION 28. A new section of the New Mexico Youth Conservation Corps Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The New Mexico youth conservation corps commission is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act. The commission shall continue to operate according to the provisions of Chapter 9, Article 5B NMSA 1978 until July 1, 2018. Effective July 1, 2018, the New Mexico Youth Conservation Corps Act is repealed."

SECTION 29. Section 11-16-1 NMSA 1978 (being Laws 2001, Chapter 101, Section 1) is amended to read:

"11-16-1. SHORT TITLE.--[This act] Chapter 11, Article 16 NMSA 1978 may be cited as the "Wildlife Violator Compact"."

SECTION 30. Section 11-16-11 NMSA 1978 (being Laws 2001, Chapter 101, Section 11) is amended to read:

"11-16-11. LICENSING AUTHORITY--ADMINISTRATOR--EXPENSES.--

A. The [department of] game and fish division of the natural resources and environment department is designated as the licensing authority in New Mexico for the purposes of the Wildlife Violator Compact.

B. The director of the [department of] game and fish division shall furnish to the appropriate authorities of the participating states any information or documents reasonably necessary to facilitate the administration of the Wildlife Violator Compact.

C. The compact administrator shall not be entitled to any additional compensation for [his] service as the compact administrator, but shall be entitled to expenses incurred in connection with [his] the duties and responsibilities as compact administrator in the same manner as for expenses incurred in connection with other duties or responsibilities of [his] the compact administrator's office or employment."

SECTION 31. Section 13-1B-2 NMSA 1978 (being Laws 1992, Chapter 58, Section 2, as amended) is amended to read:

"13-1B-2. DEFINITIONS.--As used in the Alternative Fuel Acquisition Act:

A. "alternative fuel" means natural gas, liquefied petroleum gas, electricity, hydrogen, a fuel mixture containing not less than eighty-five percent ethanol or methanol, a fuel mixture containing not less than twenty percent vegetable oil or a water-phased hydrocarbon fuel emulsion consisting of a hydrocarbon base and water in an amount not less than twenty percent by volume of the total water-phased fuel emulsion;

B. "conventional fuel" means gasoline or diesel fuel;

C. "department" means the [energy, minerals and] natural resources and environment department;

D. "fund" means the alternative fuel acquisition loan fund;

E. "political subdivision" means a county, municipality or school district; and

F. "vehicle" means a light duty vehicle under [8,500] eight thousand five hundred pounds."

SECTION 32. Section 16-2-2 NMSA 1978 (being Laws 1977, Chapter 254, Section 113, as amended) is amended to read:

"16-2-2. STATE PARKS ADVISORY BOARD CREATED--MEMBERSHIP--COMPENSATION--DUTIES.--

A. The "advisory board" to the state parks division of the [energy, minerals and] natural resources and environment department is created. It shall be composed of seven to eleven members appointed by the governor.

B. The advisory board shall provide advice and make recommendations relating to the administration of [the] state parks [division]. It shall advise on all matters of policy, [regulations] rules, the formulation of a comprehensive statewide recreation plan and such other matters as may be requested by the director of that division.

C. The advisory board shall meet quarterly or at the call of the [chairman] chair.

D. Each member of the advisory board shall annually elect a [chairman] chair and vice [chairman] chair from its membership. The director of the state parks division shall serve as the executive secretary of the board.

E. Members of the advisory board shall not be paid and shall not receive per diem.

F. The advisory board is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act unless continued by law. The provisions of the Sunset Act notwithstanding, there is no wind-up period for the board."

SECTION 33. Section 16-2-3 NMSA 1978 (being Laws 1977, Chapter 254, Section 12, as amended) is amended to read:

"16-2-3. MEANING OF DESIGNATIONS.--Wherever in the laws of New Mexico, whether or not the statutes have been compiled in the NMSA 1978, reference is made to the "state park and recreation commission" [or to the "commission"], the term shall mean the state [park and recreation] parks division of the [energy, minerals and] natural resources and environment department. As used in Chapter 16 NMSA 1978, "secretary" means the secretary of [energy, minerals and] natural resources and environment."

SECTION 34. Section 16-2-32 NMSA 1978 (being Laws 1935, Chapter 57, Section 19, as amended) is amended to read:

"16-2-32. CRIMINAL OFFENSES--PENALTY.--A person who commits any of the following acts is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978:

A. cut, break, injure, destroy, take or remove a tree, shrub, timber, plant or natural object in any state park and recreation area, except in areas designated by the secretary of natural resources and environment and permitted by [regulations] rules adopted by the secretary. [such. regulations] Rules shall only permit the removal of a tree, shrub, timber, plant or natural object for scientific study or for noncommercial use by an individual as a souvenir. The quantity of material authorized for removal from any area shall be strictly regulated by park personnel in order to minimize resource damage;

B. kill, cause to be killed or pursue with intent to kill a bird or animal in a state park and recreation area, except in areas designated by the secretary and except in conformity with the provisions of general law and the [regulations] rules of the [state game commission] game and fish division of the natural resources and environment department;

C. take a fish from the waters of a state park and recreation area, except in conformity with the provisions of general law and the [regulations] rules of the [state game commission] game and fish division;

D. willfully mutilate, injure, deface or destroy any guidepost, notice, tablet, fence, enclosure or work that is for the protection or ornamentation of a state park and recreation area;

E. light a fire in a state park and recreation area, except in those places authorized for fires by the secretary, or willfully or carelessly permit any fire [which] that is authorized and that [he] the person has lighted or caused to be lighted or under [his] the person's charge to spread or extend to or burn the shrubbery, trees, timber, ornaments or improvements in a state park and recreation area or leave a campfire that [he] the person has lighted or that has been left in [his] the person's charge unattended by a competent person without extinguishing it;

F. place in a state park and recreation area or affix to an object in a state park and recreation area a word, character or device designed to advertise a business, profession, article, thing, exhibition, matter or event without a written license from the secretary permitting [him] the person to do it; or

G. violate a rule [or regulation] adopted by the secretary pursuant to the provisions of Chapter 16, Article 2 NMSA 1978."

SECTION 35. Section 16-3-2 NMSA 1978 (being Laws 1973, Chapter 372, Section 2, as amended) is amended to read:

"16-3-2. DEFINITIONS.--As used in the State Trails System Act:

A. "local government" means any county, municipality or other political subdivision of the state and includes rural communities and unincorporated towns or villages in the state; and

B. "secretary" means the secretary of [energy, minerals and] natural resources and environment."

SECTION 36. Section 16-4-3 NMSA 1978 (being Laws 1977, Chapter 242, Section 3, as amended) is amended to read:

"16-4-3. DEFINITIONS.--As used in El Rio Chama Scenic and Pastoral Act:

A. "corridor" means those lands immediately adjacent to the riverbed essentially from rim to rim or four hundred feet back from the river banks of the Rio Chama, whichever is less;

B. "pastoral" means those free-flowing segments of the river [which] that are affected by the works of [man] humans but [which] that still possess natural and scenic value. Included are areas with developed or partially developed shorelines;

C. "river" means a flowing body of water or any segment, portion or tributary thereof within the corridor, including rivers, streams, creeks, branches or small lakes;

D. "scenic" means those sections of the river that are free of impoundments, with shorelines remaining largely undeveloped, but [which] that may be accessible in places by primitive roads; and

E. "secretary" means the secretary of [energy, minerals and] natural resources and environment."

SECTION 37. Section 16-4-11 NMSA 1978 (being Laws 1983, Chapter 18, Section 3, as amended) is amended to read:

"16-4-11. DEFINITIONS.--As used in the Rio Grande Valley State Park Act:

A. "conservancy district" means the middle Rio Grande conservancy district;

B. "operating party" means the party designated by the secretary to manage the state park; and

C. "secretary" means the secretary of [energy, minerals and] natural resources and environment."

SECTION 38. Section 17-1-5 NMSA 1978 (being Laws 1931, Chapter 117, Section 5, as amended) is amended to read:

"17-1-5. [EMPLOYMENT AND DISCHARGE OF] DIRECTOR [AND OTHER EMPLOYEES--DEPARTMENT OF GAME AND FISH CREATED] OF THE GAME AND FISH DIVISION.--[A.] The [state game commission] natural resources and environment department shall employ a director of the game and fish division of the department, who shall [under such authorization that the game commission shall approve] employ such conservation officers, clerks and other employees as [he shall deem] the director deems proper and necessary to enforce and administer the laws and [regulations] rules relating to game and fish, and who shall prescribe their duties respectively. [and who with the advice and consent of the state game commission shall fix the compensation of all the employees of the "department of game and fish", which is hereby created.

B. The state game commission may at any time discharge the director for reasons that the state game commission shall deem sufficient. The director may dismiss employees in accordance with the provisions of the Personnel Act.]"

SECTION 39. Section 17-1-5.1 NMSA 1978 (being Laws 1994, Chapter 129, Section 1) is amended to read:

"17-1-5.1. CONSERVATION SERVICES [DIVISION] BUREAU-- DUTIES.--

A. The "conservation services [division] bureau" is created within the [department of] game and fish division of the natural resources and environment department.

B. The conservation services [division] bureau is responsible for:

(1) management, enhancement, research and conservation of public wildlife habitat;

(2) the lease, purchase, enhancement and management of state wildlife habitat;

(3) assisting landowners in improving wildlife habitats;

(4) development of educational programs related to conservation of wildlife and the environment, including the expanded dissemination of wildlife publications; and

(5) communication and consultation with federal and other state agencies, local governments and communities, private organizations and affected interests responsible for habitat, wilderness, recreation, water quality and environmental protection to ensure comprehensive conservation services for hunters, anglers and nonconsumptive wildlife users."

SECTION 40. Section 17-1-7 NMSA 1978 (being Laws 1955, Chapter 181, Section 1) is amended to read:

"17-1-7. RESERVE CONSERVATION OFFICER.--There is hereby created within the [department of] game and fish division of the natural resources and environment department the position of "reserve conservation officer", which shall be a nonsalaried position."

SECTION 41. Section 17-1-8 NMSA 1978 (being Laws 1955, Chapter 181, Section 2) is amended to read:

"17-1-8. QUALIFICATIONS.--

A. Reserve conservation officer commissions shall be issued only to [the following: (a)] persons who have successfully completed a school of at least twenty-five hours conducted by the [department of] game and fish division of the natural resources and environment department covering procedures and techniques of wildlife management, law enforcement, public relations and such other subjects as may be deemed desirable by the [department of game and fish] division.

[(b)] B. The director of the game and fish division may substitute a minimum of six [months] months' experience as an employee of a state or federal conservation agency or a state livestock law enforcement board in lieu of the [aforementioned] schooling required under Subsection A of this section. Any substitution made under the provisions of this [paragraph] subsection shall be limited to the personnel currently employed by one of the [aforementioned] conservation agencies set forth in this subsection. Any appointments the director may make under the provisions of this [paragraph will] subsection shall terminate automatically with the termination of employment by [said] the agency of the individual so appointed or the individual's transfer from the state."

SECTION 42. Section 17-1-9 NMSA 1978 (being Laws 1955, Chapter 181, Section 3, as amended) is amended to read:

"17-1-9. POWERS AND DUTIES OF RESERVE CONSERVATION OFFICERS.--

A. Under the supervision of the [department of] game and fish [and subject to such restrictions as may be provided by the state game commission] division of the natural resources and environment department, reserve conservation officers shall have authority to enforce laws and valid [regulations] rules of the [state game commission] division relating to game and fish and perform such duties with respect to wildlife management and conservation education as may be assigned to them from time to time by the [department of game and fish] division. When on duty, reserve conservation officers shall be covered by the [Workmen's] Workers' Compensation Act. Reserve conservation officers shall have only the rights of private citizens in the enforcement of laws other than those relating to game and fish.

B. For the purpose of calculating the amount of reserve conservation officer's disability or death benefits pursuant to the [Workmen's] Workers' Compensation Act, the officer's average weekly wages shall be deemed to be the base wage of a wildlife management officer II as classified by the personnel board."

SECTION 43. Section 17-1-11 NMSA 1978 (being Laws 1977, Chapter 290, Section 5) is amended to read:

"17-1-11. CONSERVATION OFFICERS--OFFICIAL DUTIES--INSURANCE.--Conservation officers shall, in emergency situations, be considered on duty and within the scope of their employment for purposes of employee benefits and risk insurance when they follow specific instructions from a duly qualified full-time peace officer and in aid of [such] the peace officer in the carrying out of [his] the peace officer's duties. [The state game commission shall expand current insurance coverage to provide protection in such situations.]"

SECTION 44. Section 17-1-13 NMSA 1978 (being Laws 1912, Chapter 85, Section 46, as amended) is amended to read:

"17-1-13. [GAME WARDEN] DIRECTOR--SEAL OF OFFICE [SHALL KEEP].--[Sec. 46.] The [State Warden] director of the game and fish division of the natural resources and environment department shall keep a seal of office [which] that shall be used to authenticate all papers and documents issued and executed by [him] the director as such officer."

SECTION 45. Section 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) is amended to read:

"17-1-14. GENERAL POWERS AND DUTIES OF [STATE GAME

COMMISSION] GAME AND FISH DIVISION--GAME PROTECTION FUND--LIABILITY SUSPENSE ACCOUNT.--

A. The [state game commission] game and fish division of the natural resources and environment department shall have general control over the collection and disbursement of all money collected or received under the state laws for the protection and propagation of game and fish, which money shall be paid over to the state treasurer to the credit of the game protection fund, unless otherwise provided by law, and the fund, including all earned income, shall not be transferred to another fund. Prior to depositing money into the game protection fund, the [department of game and fish] division shall ensure that an amount adequate to cover the cost of refunds allowed by the provisions of Chapter 17 NMSA 1978 is held in a liability suspense account. All refunds shall be made from the liability suspense account. Money not needed to cover the cost of refunds shall be deposited in the game protection fund at the end of each month. Chapter 17 NMSA 1978 shall be guaranty to the person who pays for hunting and fishing licenses and permits that the money in that fund shall not be used for any purpose other than as provided in Chapter 17 NMSA 1978.

B. The [state game commission] game and fish division shall have authority to:

(1) establish and [through the director of the department of game and fish, to] operate fish hatcheries for the purpose of stocking public waters of the state and to furnish fish fry and fingerlings to stock private waters, receipts from such sources to go into the game protection fund;

(2) declare closed seasons in any specified locality and on any species of game or fish threatened with undue depletion from any cause;

(3) establish game refuges for the purpose of providing safe sanctuaries in which game may breed and replenish adjacent hunting ranges, it being the purpose of this provision to establish small refuges rather than large preserves or to close large areas to hunting;

(4) purchase lands for game refuges where suitable public lands do not exist, to purchase lands for fish hatcheries and to purchase lands to be maintained perpetually as public hunting grounds, particularly lands suitable for waterfowl hunting, all such lands to be paid for from the game protection fund;

(5) receive by gift or bequest, in the name and on behalf of the state, lands suitable for game refuges, hunting grounds, fish hatcheries or for any other purpose necessary to carry out the provisions of Chapter 17 NMSA 1978;

(6) apply for and accept any state, federal or private funds, grants or donations from any source for game and fish programs and projects;

(7) designate certain areas as rest grounds for migratory birds, in which hunting shall be forbidden at all times or at such times as the [state game commission] division shall provide, it being the purpose of this provision not to interfere unduly with the hunting of waterfowl but to provide havens in which they can rest and feed without molestation;

(8) close any public stream or lake or portion thereof to fishing when such action is necessary to protect a recently stocked water, to protect spawning waters or to prevent undue depletion of the fish;

(9) propagate, capture, purchase, transport or sell any species of game or fish needed for restocking any lands or streams of the state;

(10) after reasonable notice and hearing, suspend or revoke any license or permit issued pursuant to the provisions of Chapter 17 NMSA 1978 and withhold license privileges for a definite period not to exceed three years from any person procuring a license through misrepresentation, violating any provisions of Chapter 17 NMSA 1978 or hunting without a proper license;

(11) adopt rules establishing procedures that provide reasonable notice and a hearing before the [state game commission] director of the division for the suspension, revocation or withholding of license privileges of a person charged with violating the provisions of Chapter 17 NMSA 1978, subject to such judicial review as may be provided by law;

(12) conduct studies of programs for the management of endangered and nongame species of wildlife;

(13) establish licenses, permits and certificates not otherwise provided for in Section 17-3-13 NMSA 1978 and charge and collect just and reasonable fees for them; provided the fees shall not exceed the costs of administration associated with the licenses, permits or certificates;

(14) permit, regulate or prohibit the commercial taking or capturing of native, free-ranging amphibians or reptiles not specifically protected by law, except for rattlesnake roundups, collection of fish bait and lizard races;

(15) adopt rules to control, eradicate or prevent the spread of a contagious disease, pest or parasite, including chronic wasting disease, to or among game animals. The rules shall include provisions for:

(a) notification to the [department of game and fish] division of the diagnosis or suspected presence of a contagious disease;

(b) examination by the state veterinarian or the state veterinarian's designee of suspected infected game animals;

(d) disinfection and isolation of a licensed private park where an infected game animal has been; and

(e) indemnification and destruction of a protected game animal;

(16) as necessary, designate areas of the state in which bear-proof garbage containers are required on public and private lands to reduce potential human-bear interactions; and

(17) pursuant to appropriation by the legislature, expend money from the game protection fund and the habitat management fund for the improvement, maintenance, development and operation of property for fish and wildlife habitat management.

C. The director of the [department of] game and fish division shall exercise all the powers and duties conferred upon the state game and fish warden and the chair of the state game commission by all previous statutes now in force not in conflict with Chapter 17 NMSA 1978.

D. The [state game commission] game and fish division shall have authority to prohibit all hunting in periods of extreme forest fire danger, at such times and places as may be necessary to reduce the danger of destructive forest fires.

E. The hunting, pursuing, capturing, killing or wounding of any game animals, birds or fish in or upon any game refuge, rest ground or closed water or closed area or during any closed season established or proclaimed by the [state game commission] game and fish division in accordance with the authority conferred in Chapter 17 NMSA 1978 constitutes a misdemeanor and shall be punishable as prescribed in Chapter 17 NMSA 1978."

SECTION 46. Section 17-1-18 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 3, as amended) is amended to read:

"17-1-18. BONDING AUTHORITY.--Whenever the [state game commission, by vote of a majority of its full membership entered in its minutes] secretary of natural resources and environment determines, [by resolution] upon recommendation of the director of the game and fish division of the natural resources and environment department, that it is necessary to raise funds to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvement projects or other similar capital outlay projects, the [commission] secretary may issue and sell bonds of the state [of New Mexico] as provided in the Game and Fish Bond Act, provided that the total amount of [such] bonds issued under the authority of [this] the Game and Fish Bond Act shall not exceed two million dollars ($2,000,000). The purposes stated by the [commission] secretary and the amount of each bond issue shall be approved by the state board of finance before issuance of the bonds. The [commission] secretary shall report annually to the legislature any bonds issued pursuant to [this] the Game and Fish Bond Act and the purpose for which issued."

SECTION 47. Section 17-1-19 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 4, as amended) is amended to read:

"17-1-19. BONDS--FORM--TERMS.--Bonds issued under the Game and Fish Bond Act shall be payable in consecutive order over a period of not more than twenty years from the date of issue. They shall be issued in denominations determined by the [state game commission] secretary of natural resources and environment and shall be sold at a net effective interest rate not exceeding the maximum net effective interest rate permitted by the Public Securities Act, as hereafter amended and supplemented. The form of the bonds shall be determined by the [state game commission] secretary and, except with respect to bonds issued in book entry or similar form without the delivery of physical securities, signatures of the governor, the state treasurer and the [chairman of the state game commission] secretary shall be affixed in compliance with the Uniform Facsimile Signature of Public Officials Act. The form and terms of the bonds shall be approved by the state board of finance before issuance of the bonds."

SECTION 48. Section 17-1-20 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 5, as amended) is amended to read:

"17-1-20. SALE OF BONDS.--Bonds issued under the Game and Fish Bond Act shall be sold at public or private sale as determined by the [state game commission] secretary of natural resources and environment. If sold at public sale, the [chairman of the commission] secretary shall give notice of the time, place and terms of the sale by publication in a newspaper of general circulation published in Santa Fe, New Mexico, not less than twenty days nor more than sixty days prior to the sale date."

SECTION 49. Section 17-1-22 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 7, as amended) is amended to read:

"17-1-22. SECURITY--RETIREMENT OF BONDS.--

A. There is created in the state treasury the "game and fish bond retirement fund". The [state game commission] game and fish division of the natural resources and environment department shall place into the game and fish bond retirement fund the sum of one dollar ($1.00) from each license enumerated in this subsection that is sold after April 1, 1976:

(1) resident, fishing;

(2) resident, small game;

(3) resident, deer;

(4) resident, general hunting;

(5) resident, general hunting and fishing;

(6) resident, trapper;

(7) nonresident, fishing;

(8) nonresident, small game;

(9) temporary fishing, five days; and

(10) nonresident, deer.

Such payments to the game and fish bond retirement fund shall be effective for all bonds issued under the Game and Fish Bond Act up to the maximum limitation on the amount of bonds provided in that act.

B. Money in the game and fish bond retirement fund is first pledged for the payment of principal and interest on all state game commission bonds [which] that have been issued and are outstanding [at the time of the effective date of this 1983 amendment] prior to June 17, 1983. Money in the game and fish bond retirement fund is further pledged for the payment of principal and interest on all state game commission bonds issued [after the effective date of this 1983 amendment] as of June 17, 1983. The issuance and sale of bonds under the Game and Fish Bond Act [constitutes] constitute an irrevocable contract between the [state game commission] natural resources and environment department and the owner of any bond, and so long as any bond remains outstanding, the fees pledged for payment shall not be reduced.

C. Bonds issued under the Game and Fish Bond Act are payable solely from the game and fish bond retirement fund, and they are not general obligations of the state.

D. The [state game commission] game and fish division shall continue to place in the game and fish bond retirement fund the sum of one dollar ($1.00) from each of the licenses enumerated in Subsection A of this section, even after the fund is sufficient to pay the principal and interest of the outstanding bonds and after all bonds issued have been retired."

SECTION 50. Section 17-1-22.1 NMSA 1978 (being Laws 1983, Chapter 143, Section 2) is amended to read:

"17-1-22.1. GAME AND FISH CAPITAL OUTLAY FUND--CREATED--TRANSFER OF MONEY--STATE BOARD OF FINANCE APPROVAL.--

A. There is created in the state treasury the "game and fish capital outlay fund".

B. Upon request of the [state game commission] director of the game and fish division of the natural resources and environment department, approved by the state board of finance, the state treasurer shall transfer to the game and fish capital outlay fund all money in the game and fish bond retirement fund except the amount necessary to meet all principal and interest payments on state game commission or game and fish division bonds due in the ensuing twelve months.

C. Money in the game and fish capital outlay fund may be expended by the [department of] game and fish division to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvements and other similar capital projects.

D. Projects to be funded pursuant to Subsection C of this section shall be approved by the [state game commission] secretary of natural resources and environment and the state board of finance prior to any money being encumbered for the project.

E. At any time that the game and fish bond retirement fund is insufficient to pay the principal and interest on all bonds [which] that have been issued and are outstanding, the unencumbered balance in the game and fish capital outlay fund shall be transferred to the game and fish bond retirement fund."

SECTION 51. Section 17-1-23 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 8) is amended to read:

"17-1-23. CONSTRUCTION.--The Game and Fish Bond Act is full authority for authorization and issuance by the [state game commission] natural resources and environment department of bonds authorized by the state board of finance, and the [commission] department may do anything necessary to carry out the powers granted by the Game and Fish Bond Act."

SECTION 52. Section 17-1-25 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 10) is amended to read:

"17-1-25. REFUNDING.--Any bonds issued under the Game and Fish Bond Act may be refunded under the terms of resolutions adopted by the [state game commission] secretary of natural resources and environment subject to any contractual limitations involved with any outstanding bonds, claims or other obligations. The proceeds of refunding bonds shall be applied to retirement of the bonds to be retired or refunded, or placed in escrow to be applied to payment of the bonds upon presentation for payment by the holders. Refunding bonds shall be issued under all applicable conditions prescribed in the Game and Fish Bond Act for issuance of the original bonds."

SECTION 53. Section 17-1-26 NMSA 1978 (being Laws 1931, Chapter 117, Section 2, as amended) is amended to read:

"17-1-26. RULEMAKING POWER--PREDATOR ERADICATION.--

A. The [state game commission is hereby authorized and directed to make such] game and fish division of the natural resources and environment department shall promulgate rules [and regulations] and establish [such service] services as it may deem necessary to carry out all the provisions and purposes of [this Act] Chapter 17 NMSA 1978 and all other acts relating to game and fish [and]. In making such rules [and regulations] and in providing when, to what extent, if at all, and by what means game animals, birds and fish may be hunted, taken, captured, killed, possessed, sold, purchased and shipped, the [state game and Fish commission] division shall give due regard to the zones of temperatures and to the distribution, abundance, economic value and breeding habits of [such] the game animals, birds and fish.

B. The [state game commission is hereby authorized to] game and fish division may spend such reasonable amounts as in its judgment is [desirable and] necessary annually, from [their] the division's funds not otherwise needed, for the eradication of predatory animals."

SECTION 54. Section 17-1-27 NMSA 1978 (being Laws 1921, Chapter 35, Section 10) is amended to read:

"17-1-27. RULES--NOTICE AND HEARING.--Whenever three percent of the duly qualified electors of any county affected by a rule [or regulation] promulgated by the [commission] game and fish division of the natural resources and environment department, concerning hunting or fishing within [said] that county, [shall] petition the [commission] division in writing requesting a hearing, the [commission] division shall grant a public hearing, the time, place and purpose of which shall be set forth by advertising in one or more newspapers of general circulation within the state not less than ten [(10)] days before the date of [such] the hearing, and shall, on the date of hearing, give full opportunity for all persons to be heard on the point in controversy; [but] provided that nothing in this section shall be construed as suspending or invalidating any such rule [or regulation], unless it is suspended or revoked by the [commission] division."

SECTION 55. Section 17-1-28 NMSA 1978 (being Laws 1939, Chapter 19, Section 1) is amended to read:

"17-1-28. ASSENT TO ACT OF CONGRESS.--The state of New Mexico hereby assents to the provisions of the act of congress of the United States of America entitled "An act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes", approved September [7] 2, 1937 (Public Number 415, 75th Congress), and the [state game commission] game and fish division of the natural resources and environment department is hereby authorized and directed to perform all [such] acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects as defined by [said] that act of congress and in compliance with [said] that act and rules and regulations promulgated by the secretary of [agriculture] the interior thereunder."

SECTION 56. Section 17-1-29 NMSA 1978 (being Laws 1939, Chapter 19, Section 2) is amended to read:

"17-1-29. DISTRIBUTION OF FEDERAL FUNDS.--The [state game commission] game and fish division of the natural resources and environment department is authorized to receive any [moneys] money to which the state [of New Mexico] may become entitled under the [aforesaid act of congress] federal Wildlife and Sport Fish Restoration Programs Improvement Act of 2000. Such [moneys] money, when received, [to] shall be deposited with the state treasurer [of the state of New Mexico] to the credit of the [state] game protection fund, expended for the purpose designated and withdrawn [and] as other [moneys are] money is withdrawn from the [state] game protection fund."

SECTION 57. Section 17-2-1 NMSA 1978 (being Laws 1931, Chapter 117, Section 3, as amended) is amended to read:

"17-2-1. [COMMISSION] DIVISION POWERS.--The [state game commission] game and fish division of the natural resources and environment department, in addition to the powers now vested in it and not as a limitation of those powers, is expressly authorized and empowered by [regulation] rule adopted and promulgated in the manner provided in Chapter 17 NMSA 1978 to:

A. define game birds, game animals and game fish;

B. establish open and closed seasons for the killing or taking of all kinds of game animals, game birds and game fish and to change such open seasons from year to year and to fix different seasons for different parts of the state;

C. establish bag limits covering all kinds of game animals, game birds and game fish and the numbers thereof [which] that may be killed or taken by any one person during any one day or during any one open season;

D. authorize or prohibit the killing or taking of any game animals, game birds or game fish of any kind or sex;

E. prescribe the manner, methods and devices [which] that may be used in hunting, taking or killing game animals, game birds and game fish;

F. prescribe rules [and regulations] to prohibit any vehicle or vehicles used in transporting persons engaged in hunting, taking or killing game animals, game birds and game fish from leaving established roadways; and

G. appoint one or more advisory committees to furnish advice, evaluations and recommendations for wildlife management projects utilizing revenue derived from the sale of public land management stamps. The advisory committees shall be created pursuant to the procedures of Section 9-1-9 NMSA 1978, provided that the restrictions on the life of advisory committees contained in Subsection F of that section shall not be applicable."

SECTION 58. Section 17-2-2 NMSA 1978 (being Laws 1937, Chapter 23, Section 1) is amended to read:

"17-2-2. GAME TO BE PROTECTED.--The game animals and quadrupeds, game birds and fowl and game fish as [herein] defined in Chapter 17 NMSA 1978 shall be protected, and hunting, taking, capturing, killing or possession of or attempt to hunt, take, capture or kill [of] any or all species named [herein] in that chapter shall be regulated by the [state game commission] game and fish division of the natural resources and environment department under the authority of Chapter [117 of the 1931 Session Laws of the State of New Mexico] 17 NMSA 1978."

SECTION 59. Section 17-2-4.2 NMSA 1978 (being Laws 2001, Chapter 66, Section 2) is amended to read:

"17-2-4.2. AMPHIBIANS AND REPTILES--PROTECTED--

PERMITS--UNLAWFUL TAKING--MISDEMEANOR--PENALTIES.--

A. All species, except for those collected in rattlesnake roundups, for fish bait or for lizard races, of native, free-ranging amphibians and reptiles are hereby classified as protected nongame animals for commercial taking purposes. The commercial taking or capturing of native, free-ranging amphibians and reptiles is prohibited except by a permit issued by the [state game commission] game and fish division of the natural resources and environment department.

B. The [state game commission] game and fish division shall adopt rules necessary to administer Paragraph (14) of Subsection A of Section 17-1-14 NMSA 1978 and this section to assure that viable populations of native, free-ranging amphibians and reptiles are maintained in the state.

C. If the [state game commission] game and fish division determines that it will offer permits to take or capture native, free-ranging amphibians or reptiles, the [commission] division shall adopt a rule listing protected native, free-ranging amphibians and reptiles that may be taken or captured after taking into consideration any criteria that can be shown to have an effect from commercial takings on the viability of the species population in the state.

D. Unlawful taking of a native, free-ranging amphibian or reptile consists of intentionally taking or capturing, for commercial purposes, a regulated native, free-ranging amphibian or reptile without a valid permit from the [state game commission] game and fish division.

E. Amphibians and reptiles may be removed, captured or destroyed without a permit, by any person, in emergency situations involving an immediate threat to human life or private property.

F. Whoever commits unlawful taking of a native, free-ranging amphibian or reptile is guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) per occurrence and not more than one thousand dollars ($1,000) per occurrence or be imprisoned for not more than one year or both.

G. As referred to in this section, "taking" means the act of seizing amphibians or reptiles for a commercial purpose."

SECTION 60. Section 17-2-7 NMSA 1978 (being Laws 1931, Chapter 117, Section 8, as amended) is amended to read:

"17-2-7. UNLAWFUL HUNTING OR FISHING.--

A. Except as permitted by [regulations] rules adopted by the [state game commission] game and fish division of the natural resources and environment department or as otherwise allowed by law, it is unlawful to:

(1) hunt, take, capture, kill or attempt to take, capture or kill, at any time or in any manner, any game animal, game bird or game fish in the state; or

(2) possess, offer for sale, sell, offer to purchase or purchase in the state all or any part of any game animal, game bird or game fish.

B. Notwithstanding any other law, the owner of domestic livestock in this state or [his] the owner's regular employee may hunt, take, capture or kill any cougar or bear [which] that has killed domestic livestock. The owner of livestock or [his] the owner's regular employee who takes action under this provision [will] shall report this action to the [department of] game and fish [who will] division, which shall verify the necessity of the action taken.

C. Violation of this section is a misdemeanor and shall be punished as provided in Section 17-2-10 NMSA 1978.

D. The provisions of this section shall not be deemed to prohibit the possession of game animals, birds or fish taken legally in any other jurisdiction."

SECTION 61. Section 17-2-7.1 NMSA 1978 (being Laws 1993, Chapter 94, Section 1) is amended to read:

"17-2-7.1. INTERFERENCE PROHIBITED--CRIMINAL PENALTIES--CIVIL PENALTIES--REVOCATION OF LICENSE, CERTIFICATE OR PERMIT.--

A. It is unlawful for a person to commit interference with another person who is lawfully hunting, trapping or fishing in an area where hunting, trapping or fishing is permitted by a custodian of public property or an owner or lessee of private property.

B. A person who commits a:

(1) first offense of interference is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and

(2) second or subsequent offense of interference is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

C. When a person who commits interference possesses a license, certificate or permit issued to [him] the person by the [state game commission] game and fish division of the natural resources and environment department, the license, certificate or permit shall be subject to revocation by the [commission] division pursuant to the provisions of Sections 17-1-14 and 17-3-34 NMSA 1978.

D. As used in this section, "interference" means:

(1) intentionally placing oneself in a location where a human presence may affect the behavior of a game animal, bird or fish or the feasibility of killing or taking a game animal, bird or fish with the intent of interfering with or harassing another person who is lawfully hunting, trapping or fishing;

(2) intentionally creating a visual, aural, olfactory or physical stimulus for the purpose of affecting the behavior of a game animal, bird or fish with the intent of interfering with or harassing another person who is lawfully hunting, trapping or fishing; or

(3) intentionally affecting the condition or altering the placement of personal property used for the purpose of killing or taking a game animal, bird or fish.

E. Nothing in this section shall be construed to include a farmer or rancher in pursuit of [his] normal farm or ranch operation or a law enforcement officer in pursuit of [his] official duties."

SECTION 62. Section 17-2-7.2 NMSA 1978 (being Laws 1997, Chapter 224, Section 3) is amended to read:

"17-2-7.2. LANDOWNER TAKING--CONDITIONS--[DEPARTMENT] DIVISION RESPONSIBILITIES.--

A. A landowner or lessee, or an employee of either, may take or kill an animal on private land, in which [they have] the landowner or lessee has an ownership or leasehold interest, including game animals and other quadrupeds, game birds and fowl, that presents an immediate threat to human life or an immediate threat of damage to property, including crops; provided, however, that the taking or killing is reported to the [department of game and fish] division within twenty-four hours and before the removal of the carcass of the animal killed, in accordance with [regulations] rules adopted by the [commission] division.

B. A landowner or lessee, or an employee of either, may take or kill animals on private land, in which [they have] the landowner or lessee has an ownership or leasehold interest, including game animals and other quadrupeds, game birds and fowl, that present a threat to human life or damage to property, including crops, according to [regulations] rules adopted by the [commission] division. The [regulations] rules shall:

(1) provide a method for filing a complaint to the [department] division by the landowner or lessee, or an employee of either of them, of the existence of a depredation problem;

(2) provide for various [departmental] interventions by the division, depending upon the type of animal and depredation;

(3) require the [department] division to offer at least three different interventions, if practical;

(4) require the [department] division to respond to the initial and any subsequent complaints within ten days with an intervention response to the complaint and to carry out the intervention, if agreed upon between the [department] division and the landowner, within five days of that agreement;

(5) permit the landowner or lessee to reject for good cause the interventions offered by the [department] division;

(6) require a landowner or lessee to demonstrate that the property depredation is greater in value than the value of any wildlife-related income or fee collected by the landowner or lessee for permission to take or kill an animal of the same species on the private property or portion of the private property identified in the complaint as the location where the depredation occurred; and

(7) permit the landowner, lessee or employee, when interventions by the [department] division have not been successful and after one year from the date of the filing of the initial complaint, to kill or take an animal believed responsible for property depredation.

C. For purposes of this section:

[(1) "commission" means the state game commission;

(2) "department"] (1) "division" means the [department of] game and fish division of the natural resources and environment department; and

[(3)] (2) "intervention" means a solution proposed by the [department] division to eliminate the depredation."

SECTION 63. Section 17-2-8 NMSA 1978 (being Laws 1977, Chapter 70, Section 1) is amended to read:

"17-2-8. WASTE OF GAME.--It is unlawful for any person:

A. who hunts or fishes and takes any game mammal designated in [Paragraphs] Paragraph (2), (3) or (4) of Subsection A of Section [53-2-3 NMSA 1953] 17-2-3 NMSA 1978, any game bird or any game fish to fail to transport the edible portions of the meat obtained to [his] the person's home for human consumption or to provide for the human consumption thereof under any [commission regulations] rules of the game and fish division of the natural resources and environment department pertaining to exportation, transportation and donation of game; or

B. who wounds or may have wounded any game mammal designated in [Paragraphs] Paragraph (2), (3) or (4) of Subsection A of Section [53-2-3 NMSA 1953] 17-2-3 NMSA 1978 to fail to go to the place where the mammal sustained or may have sustained the wound and make a reasonable attempt to track the mammal and reduce it to possession."

SECTION 64. Section 17-2-9 NMSA 1978 (being Laws 1931, Chapter 117, Section 9, as amended) is amended to read:

"17-2-9. JURISDICTION OF MAGISTRATE COURT.--The magistrate court has jurisdiction in all cases arising under Chapter [53 NMSA 1953] 17 NMSA 1978 and [regulations] rules promulgated by the [state game commission] game and fish division of the natural resources and environment department. In addition to other jurisdiction, a magistrate has jurisdiction over such cases arising in any magistrate district adjoining at any point that in which [he] the magistrate serves, with the consent of the accused."

SECTION 65. Section 17-2-10 NMSA 1978 (being Laws 1931, Chapter 117, Section 7, as amended) is amended to read:

"17-2-10. VIOLATION OF GAME AND FISH LAWS OR [REGULATIONS] RULES--PENALTIES.--

A. [Any] A person violating any of the provisions of Chapter 17 NMSA 1978 or any [regulations] rule adopted by the [state game commission] game and fish division of the natural resources and environment department that [relate] relates to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped is guilty of a misdemeanor and upon conviction may be sentenced to imprisonment in the county jail for a term not to exceed six months. In addition, the person shall be sentenced to the payment of a fine in accordance with the following schedule:

(1) for illegally taking, attempting to take, killing, capturing or possessing of each deer, antelope, javelina, bear or cougar during a closed season, a fine of four hundred dollars ($400);

(2) for illegally taking, attempting to take, killing, capturing or possessing of each elk, bighorn sheep, oryx, ibex or Barbary sheep, a fine of one thousand dollars ($1,000);

(3) for hunting big game without a proper and valid license, lawfully procured, a fine of one hundred dollars ($100);

(4) for exceeding the bag limit of any big game species, a fine of four hundred dollars ($400);

(5) for attempting to exceed the bag limit of any big game species by the hunting of any big game animal after having tagged a similar big game species, a fine of two hundred dollars ($200);

(6) for signing a false statement to procure a resident hunting or fishing license when the applicant is residing in another state at the time of application for a license, a fine of four hundred dollars ($400);

(7) for using a hunting or fishing license issued to another person, a fine of one hundred dollars ($100);

(8) for a violation of Section 17-2-31 NMSA 1978, a fine of three hundred dollars ($300);

(9) for selling, offering for sale, offering to purchase or purchasing any big game animal, unless otherwise provided by Chapter 17 NMSA 1978, a fine of one thousand dollars ($1,000);

(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of two thousand dollars ($2,000); and

(11) for a violation of the provisions of Subsection A of Section 17-2A-3 NMSA 1978, a fine of five hundred dollars ($500).

B. A person convicted a second time for violating any of the provisions of Chapter 17 NMSA 1978 or any [regulations] rule adopted by the [state game commission] game and fish division that [relate] relates to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped is guilty of a misdemeanor and upon conviction may be sentenced to imprisonment in the county jail for a term of not more than three hundred sixty-four days. In addition, the person shall be sentenced to the payment of a fine in accordance with the following schedule:

(1) for illegally taking, attempting to take, killing, capturing or possessing of each deer, antelope, javelina, bear or cougar during a closed season, a fine of six hundred dollars ($600);

(2) for illegally taking, attempting to take, killing, capturing or possessing of each elk, bighorn sheep, oryx, ibex or Barbary sheep, a fine of one thousand five hundred dollars ($1,500);

(3) for hunting big game without a proper and valid license, lawfully procured, a fine of four hundred dollars ($400);

(4) for exceeding the bag limit of any big game species, a fine of six hundred dollars ($600);

(5) for attempting to exceed the bag limit of any big game species by the hunting of any big game animal after having tagged a similar big game species, a fine of six hundred dollars ($600);

(7) for using a hunting or fishing license issued to another person, a fine of two hundred fifty dollars ($250);

(8) for a violation of Section 17-2-31 NMSA 1978, a fine of five hundred dollars ($500);

(9) for selling, offering for sale, offering to purchase or purchasing any big game animal, unless otherwise provided by Chapter 17 NMSA 1978, a fine of one thousand five hundred dollars ($1,500);

(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of four thousand dollars ($4,000); and

(11) for a violation of the provisions of Subsection A of Section 17-2A-3 NMSA 1978, a fine of one thousand dollars ($1,000).

C. Notwithstanding the provisions of Section 31-18-13 NMSA 1978, a person convicted a third or subsequent time for violating any of the provisions of Chapter 17 NMSA 1978 or any [regulations] rule adopted by the [state game commission] game and fish division that [relate] relates to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped is guilty of a misdemeanor and upon conviction may be sentenced to imprisonment in the county jail for a term of not less than ninety days, which shall not be suspended or deferred, and not more than three hundred sixty-four days. In addition, the person shall be sentenced to the payment of a fine in accordance with the following schedule:

(1) for illegally taking, attempting to take, killing, capturing or possessing of each deer, antelope, javelina, bear or cougar during a closed season, a fine of one thousand two hundred dollars ($1,200);

(2) for illegally taking, attempting to take, killing, capturing or possessing of each elk, bighorn sheep, oryx, ibex or Barbary sheep, a fine of three thousand dollars ($3,000);

(3) for hunting big game without a proper and valid license, lawfully procured, a fine of one thousand dollars ($1,000);

(4) for exceeding the bag limit of any big game species, a fine of one thousand two hundred dollars ($1,200);

(5) for attempting to exceed the bag limit of any big game species by the hunting of any big game animal after having tagged a similar big game species, a fine of one thousand dollars ($1,000);

(7) for using a hunting or fishing license issued to another person, a fine of one thousand dollars ($1,000);

(8) for a violation of Section 17-2-31 NMSA 1978, a fine of one thousand dollars ($1,000);

(9) for selling, offering for sale, offering to purchase or purchasing any big game animal, unless otherwise provided by Chapter 17 NMSA 1978, a fine of three thousand dollars ($3,000);

(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of six thousand dollars ($6,000); and

(11) for a violation of the provisions of Subsection A of Section 17-2A-3 NMSA 1978, a fine of two thousand dollars ($2,000).

D. [Any] A person who is convicted of a violation of any [regulations] rule adopted by the [state game commission] game and fish division that [relate] relates to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped or of a violation of any of the provisions of Chapter 17 NMSA 1978, for which a punishment is not set forth under this section, shall be fined not less than fifty dollars ($50.00) or more than five hundred dollars ($500) or imprisoned not more than six months or both.

E. The provisions of this section shall not be interpreted to prevent, constrain or penalize a Native American for engaging in activities for religious purposes, as provided in Section 17-2-14 or 17-2-41 NMSA 1978.

F. The provisions of this section shall not apply to a landowner or lessee, or an employee of either of them, who kills an animal on private land, in which they have an ownership or leasehold interest, that is threatening human life or damaging or destroying property, including crops; provided, however, that the killing is reported to the [department of] game and fish division within twenty-four hours and before the removal of the carcass of the animal killed; and provided further that all actions authorized in this subsection are carried out according to [regulations] rules of the [department] division."

SECTION 66. 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.

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, 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 division of the natural resources and environment department shall issue the appropriate license."

SECTION 67. Section 17-2-10.2 NMSA 1978 (being Laws 1995, Chapter 177, Section 2) is amended to read:

"17-2-10.2. GAME AND FISH PENALTY ASSESSMENT--PAYMENT.--

A. Unless a warning notice is given to an alleged violator, at the time the alleged violator is charged with a penalty assessment misdemeanor, the conservation officer shall offer the alleged violator the option of accepting a penalty assessment. The signature of the alleged violator on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice. The acknowledgment shall be included in accrual of points toward revocation of licenses as provided for in Section 17-3-34 NMSA 1978 or in [regulations] rules adopted to implement that section.

B. Payment of [any] a penalty assessment, including cost of the appropriate license, shall be mailed to the [state game commission] game and fish division of the natural resources and environment department within thirty days from the date of charge. Payment of penalty assessments are timely if postmarked within thirty days from the date of the charge. The [commission] division may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt.

C. No record of [any] a penalty assessment payment is admissible as evidence in court in [any] a civil action."

SECTION 68. Section 17-2-10.3 NMSA 1978 (being Laws 1995, Chapter 177, Section 3) is amended to read:

"17-2-10.3. GAME AND FISH PENALTY ASSESSMENT--LICENSE REVOCATION.--

A. The [state game commission] game and fish division of the natural resources and environment department is authorized to revoke the hunting or fishing license, or both, of a person who fails to pay a penalty assessment or who fails to appear, after proper notice, for hearings as required by law or [regulation] rule.

B. The [state game commission] game and fish division may revoke the hunting or fishing license, or both, of any person, resident or nonresident, who is convicted in another state of any single offense that, if committed in New Mexico, would be grounds for revocation of license."

SECTION 69. Section 17-2-11 NMSA 1978 (being Laws 1912, Chapter 85, Section 40, as amended) is amended to read:

"17-2-11. [GAME--FISH] PROSECUTIONS--[ACCOMPLICES MAY TESTIFY--EVIDENCE] ACCOMPLICE TESTIMONY--IMMUNITY.--[SEC. 40.] In any prosecution under [this] Chapter 17 NMSA 1978, any participant in a violation thereof, when so requested by the district attorney, [State Warden] director of the game and fish division of the natural resources and environment department or other officer instituting the prosecution, may testify as a witness against any other person charged with violating the same, and [his] the accomplice's evidence so given shall not be used against [him] the accomplice in any prosecution for [such] that violation."

SECTION 70. Section 17-2-12 NMSA 1978 (being Laws 1937, Chapter 23, Section 3, as amended) is amended to read:

"17-2-12. REFUGES--FIREARMS [ON] PROHIBITED--EXCEPTIONS.--It is unlawful for any person to carry, transport or have in [his] the person's possession bows, arrows, crossbows or firearms of any kind or description within or upon any game refuge or to discharge any firearm or arrow into or within any state game refuge in New Mexico; provided that this section shall not apply to any county, state or federal officer in the discharge of [his] official duties [nor] or to persons crossing refuges over public roads and trails with firearms unloaded or taken down; and provided further that permits may be issued by the director of the game and fish division of the natural resources and environment department to stockmen, trappers, ranchers and property owners, or their employees, to carry firearms while engaged in the discharge of their legitimate affairs on or within game refuges."

SECTION 71. Section 17-2-13 NMSA 1978 (being Laws 1912, Chapter 85, Section 55, as amended) is amended to read:

"17-2-13. SONGBIRDS--TRAPPING, KILLING OR INJURING PROHIBITED.--It [shall be] is unlawful for any person to shoot, ensnare or trap for the purpose of killing or in any other manner to injure or destroy any songbird or birds whose principal food consists of insects, comprising all the species and varieties of birds represented by the several families of bluebirds, including the western and mountain bluebirds; also bobolinks, catbirds, chickadees, cuckoos, which includes the chaparral bird or roadrunner (Geococcyx novo mexicanus), flickers, flycatchers, grosbeaks, hummingbirds, kinglets, martins, meadowlarks, nighthawks or bull bats, nuthatches, orioles, robins, shrikes, swallows, swifts, tanagers, titmice, thrushes, vireos, warblers, waxwings, [whipporwills] whippoorwills, woodpeckers, wrens and all other perching birds [which] that feed entirely or chiefly on insects. This section does not prohibit the killing of such birds for scientific purposes under permits from the [department of] game and fish division of the natural resources and environment department."

SECTION 72. Section 17-2-14 NMSA 1978 (being Laws 1973, Chapter 104, Section 1, as amended) is amended to read:

"17-2-14. HAWKS, VULTURES AND OWLS--TAKING, POSSESSING, TRAPPING, DESTROYING, MAIMING OR SELLING PROHIBITED--EXCEPTION BY PERMIT--PENALTY.--

A. It is unlawful for any person to take, attempt to take, possess, trap or ensnare or in any manner to injure, maim or destroy birds of the order Falconiformes, comprising all of the species and varieties of birds represented by the several families of vultures and hawks, and all of the order Stringiformes, comprising all of the species and varieties of owls. It is also unlawful to purchase, sell or trade, or to possess for the purpose of selling or trading, any parts of these birds.

B. The director of the [department of] game and fish division of the natural resources and environment department may issue permits to allow any person to take, possess, trap, ensnare or destroy any bird protected by this section or to possess, give, purchase, sell or trade, or to possess for the purpose of selling or trading, any parts of any birds protected by this section. Permits shall be granted for the following purposes:

(1) Indian religious purposes;

(2) scientific purposes in accordance with law and the [regulations] rules of the [department of] game and fish division; or

(3) falconry purposes in accordance with law and the [regulations] rules of the [department] division.

C. Notwithstanding any other law, any person engaged in the commercial raising of poultry or game birds may take, capture or kill any hawk, owl or vulture that has killed such poultry or game birds. The owner of [such] a game or poultry farm who takes action under this provision shall report this action to the [department of] game and fish division, which shall verify the necessity of the action taken.

D. Any person violating the provisions of this section is guilty of a petty misdemeanor."

SECTION 73. Section 17-2-17 NMSA 1978 (being Laws 1912, Chapter 85, Section 26, as amended) is amended to read:

"17-2-17. GAME AND FISH--[HELD IN] STORAGE [WHEN LAWFUL].--[SEC. 26.] No game or fish shall be received or held in storage except as follows [namely]:

[(1)] A. during the open season [therefor] for such game and fish and for five days thereafter when the [same] game or fish is stored for the person lawfully in possession of [the same] it;

[(2)] B. at any time of the year when there is attached [thereto] to the game or fish a proper and valid officer's invoice as provided in [this] Chapter 17 NMSA 1978 relating to the seizure of game and fish, for not more than thirty days after the date of [such] that invoice; or

[(3)] C. when there is attached [thereto] to the game or fish a proper and valid certificate or permit signed by the [State Warden or deputy] director of the game and fish division of the natural resources and environment department or conservation officer and on its face authorizing storage of the [article named therein] game or fish listed in the certificate or permit and during the period [therein stated] listed on the certificate or permit."

SECTION 74. Section 17-2-19 NMSA 1978 (being Laws 1912, Chapter 85, Section 57, as amended) is amended to read:

"17-2-19. ENFORCEMENT OF GAME LAWS--POWERS OF

CONSERVATION OFFICERS.--

A. The director of the [department of] game and fish division of the natural resources and environment department, each conservation officer, each sheriff in [his] the sheriff's respective county and each member of the New Mexico state police shall enforce Chapter 17 NMSA 1978 and shall:

(1) seize any game or fish held in violation of that chapter;

(2) with or without warrant, arrest any person whom [he] the director, conservation officer, sheriff or state police officer knows to be guilty of a violation of that chapter; and

(3) open, enter and examine all camps, wagons, cars, tents, packs, boxes, barrels and packages where [he has] there is reason to believe any game or fish taken or held in violation of that chapter is to be found, and seize it.

B. Any warrant for the arrest of a person shall be issued upon sworn complaint, the same as in other criminal cases, and any search warrant shall issue upon a written showing of probable cause, supported by oath or affirmation, describing the places to be searched or the persons or things to be seized.

C. Conservation officers may, under the direction of the [state game commission and the] director of the [department of] game and fish division:

(1) establish [from time to time, as needed for the proper functioning of the game and fish research and management division] checking stations at points along established roads, or roadblocks, for the purpose of collecting biological information or detecting and apprehending persons violating the game and fish laws and the [regulations] rules referred to in Section 17-2-10 NMSA 1978;

(2) under emergency circumstances and while on official duty only enforce the provisions of the Criminal Code and the Motor Vehicle Code; and

(3) while on official duty only, enforce the provisions of:

(a) Sections 30-14-1 and 30-14-1.1

NMSA 1978 pertaining to criminal trespass;

(b) Section 30-7-4 NMSA 1978 pertaining to negligent use of a deadly weapon;

(d) Section 30-22-1 NMSA 1978 pertaining to resisting, evading or obstructing an officer; and

(e) Section 72-1-8 NMSA 1978 pertaining to camping next to a manmade water hole."

SECTION 75. Section 17-2-20 NMSA 1978 (being Laws 1912, Chapter 85, Section 31, as amended) is amended to read:

"17-2-20. [PUBLIC NUISANCE--NETS, TRAPS, EXPLOSIVES--WHEN DEEMED TO BE--PROVISO] UNLAWFUL DEVICES--SEIZURE AND DESTRUCTION.--[SEC. 31.] Every net, trap, explosive, poisonous or stupefying substance or device used or intended for use in taking or killing game or fish in violation of [this] Chapter 17 NMSA 1978 and set, kept or found in or upon any of the streams or waters in this state or upon the shores thereof, and every trap, device, blind or deadfall found baited in violation of [this] that chapter, is declared to be a public nuisance and may be abated and summarily destroyed by any person [and]. It [shall be] is the duty of every officer authorized to enforce [this] that chapter to seize and summarily destroy the same, and no prosecution or suit shall be maintained for such destruction; provided that nothing in [this] that chapter shall be construed as affecting the right of the [State Warden] director of the game and fish division of the natural resources and environment department to use such means as may be proper for the promotion of game and fish propagation and culture [nor] or as authorizing the seizure or destruction of firearms."

SECTION 76. Section 17-2-20.3 NMSA 1978 (being Laws 1979, Chapter 321, Section 3) is amended to read:

"17-2-20.3. PENALTIES.--The following violations [shall] constitute a misdemeanor:

A. illegal possession or transportation of big game during closed season;

B. taking or attempting to take big game during closed season;

C. taking or attempting to take big game by the use of spotlight or artificial light;

D. selling or attempting to sell big game or parts thereof, except as permitted by [regulation] rules of the [state game commission] game and fish division of the natural resources and environment department; and

E. exceeding the bag limit on any big game species during open season."

SECTION 77. Section 17-2-21 NMSA 1978 (being Laws 1912, Chapter 85, Section 23, as amended) is amended to read:

"17-2-21. GAME AND FISH--SEIZED BY OFFICERS--DISPOSAL [OF]--PROCEEDS.--[SEC. 23.] All game and fish seized under the game laws shall without unnecessary delay be sold by the officer making [such] the seizure or by the [State Warden] director of the game and fish division of the natural resources and environment department, except when such sale is impracticable or likely to incur expenses exceeding the proceeds, in which case the [same] game or fish shall be donated to some charitable institution or needy person not concerned in the unlawful killing or possession thereof. The officer making [such] the seizure shall sign and give to each purchaser or donee an invoice stating the time and place of disposition, the kind and weight as near as may be of the game or fish disposed of and the name of the purchaser or donee. [Such] The invoice [shall authorize] authorizes possession, transportation and use within the state and storage for thirty days from date. The proceeds from [such] the sale, after deducting the cost of seizure and sale, shall, if made by the [State Warden] director of the division or any [deputy] conservation officer under salary, be paid into the game protection fund, but if made by a [deputy warden] conservation officer not under salary, or any other officer, the proceeds shall be paid one-half to the officer making [such] the seizure."

SECTION 78. Section 17-2-26 NMSA 1978 (being Laws 1912, Chapter 85, Section 45, as amended) is amended to read:

"17-2-26. CIVIL LIABILITY.--

A. The director of the [department of] game and fish division of the natural resources and environment department, or any other officer charged with enforcement of the laws relating to game and fish if so directed by the director, may bring a civil action in the name of the state against any person unlawfully wounding or killing, or unlawfully in possession of, any game quadruped, bird or fish, or part thereof, and recover judgment for the following minimum sums as damages for the taking, killing or injuring:

for each elk--------------------------- $ 500.00

for each deer-------------------------- 250.00

for each antelope---------------------- 250.00

for each mountain sheep---------------- 1,000.00

for each Barbary sheep----------------- 250.00

for each black bear-------------------- 500.00

for each cougar------------------------ 500.00

for each bison------------------------- 600.00

for each ibex-------------------------- 1,000.00

for each oryx-------------------------- 1,000.00

for each javelina---------------------- 100.00

for each beaver------------------------ 65.00

for each bird-------------------------- 20.00

for each fish-------------------------- 5.00

for each endangered species------------ 500.00

for each raptor------------------------ 200.00

for each turkey------------------------ 150.00

for each jaguar----------------------- 2,000.00.

B. Notwithstanding the provisions of Subsection A of this section, the [state game commission] game and fish division shall establish damages recoverable by civil judgment on a game animal, bird or fish designated to be a trophy animal by [commission] division rule.

C. Damages recovered pursuant to this section are intended to compensate the state for the loss of unique public resources and shall not be limited or reduced by the extent of fines assessed pursuant to any criminal statute. The [department of] game and fish division shall not award or issue a license, permit or certificate to a debtor owing damages pursuant to this section until the judgment has been paid in full to the [department] division.

D. No verdict or judgment recovered by the state in an action shall be for less than the sum fixed in this section. The action for damages may be joined with an action for possession, and recovery may be had for the possession as well as the damages.

E. The pendency or determination of an action for damages or payment of a judgment, or the pendency or determination of a criminal prosecution for the same taking, wounding, killing or possession, is not a bar to the other, nor does either affect the right of seizure under any other provision of the laws relating to game and fish.

F. The provisions of this section shall not be interpreted to prevent, constrain or penalize a Native American for engaging in activities for religious purposes, as provided in Section 17-2-14 or 17-2-41 NMSA 1978.

G. The provisions of this section shall not apply to a landowner or lessee, or employee of either, who kills an animal, on private land in which the person has an ownership or leasehold interest, that is threatening human life or damaging or destroying property, including crops; provided, however, that the killing is reported to the [department of] game and fish division within twenty-four hours and before the removal of the carcass of the animal killed; and provided further that all actions authorized in this subsection are carried out according to rules of the [department] division."

SECTION 79. Section 17-2-33 NMSA 1978 (being Laws 1971, Chapter 61, Section 2) is amended to read:

"17-2-33. USE OF FIREARMS BY MINORS.--

A. It is unlawful after April 1, 1972 for any person born after January 1, 1958 to hunt with or shoot a firearm, unless the person:

(1) [he] is supervised by a parent, legal guardian or a responsible adult designated by the parent or guardian; [or]

(2) [he] carries a certificate indicating that [he] the person has successfully completed the New Mexico hunter training course or the hunter training course of another state [which] that is approved by the [New Mexico department of] game and fish division of the natural resources and environment department; or

(3) [he] is eighteen years of age or older.

B. It is unlawful after April 1, 1976 for any person under the age of eighteen years to hunt with or shoot a firearm unless [he] the person is carrying a certificate indicating that [he] the person has successfully completed the New Mexico hunter training course or a hunter training course of another state [which] that is approved by the [New Mexico department of] game and fish division.

C. Any person violating the [pvovisions] provisions of this section is guilty of a petty misdemeanor."

SECTION 80. Section 17-2-34 NMSA 1978 (being Laws 1971, Chapter 61, Section 3) is amended to read:

"17-2-34. HUNTER TRAINING PROGRAM--INSTRUCTOR CERTIFICATION--CERTIFICATE OF COMPETENCY.--

A. The [department of] game and fish division of the natural resources and environment department shall provide a course of instruction in the safe handling of firearms for individuals interested in obtaining a certificate of competency in the safe handling of firearms. The [department] division may cooperate with the [superintendent] secretary of public [instruction] education or any reputable association or organization as determined by the [department] division and having as one of its objectives the promotion of safety in firearm handling.

B. The [department of] game and fish division shall prescribe the type of instruction and the qualifications of instructors and shall designate annually those persons qualified to give instruction in the safe handling of firearms. Persons designated by the [department of game and fish] division to be instructors are authorized to give the course of instruction in the safe handling of firearms to all interested persons. Upon the completion of the course and certification to the [department] division by the instructor, the [department] division shall cause to be issued, to the person instructed, a certificate of competency in the safe handling of firearms, which shall be valid unless revoked by the [department of game and fish] division for such cause as determined by [regulation] rule of the [department] division to be unsafe handling of a firearm.

C. The [department of] game and fish division shall promulgate rules [and regulations] to implement the provisions of the Hunter Training Act."

SECTION 81. Section 17-2-38 NMSA 1978 (being Laws 1974, Chapter 83, Section 2, as amended) is amended to read:

"17-2-38. DEFINITIONS.--As used in the Wildlife Conservation Act:

[A. "commission" means the state game commission;

B.] A. "director" means the director of the [department of game and fish] division;

B. "division" means the game and fish division of the natural resources and environment department;

C. "ecosystem" means a system of living organisms and their environment;

D. "endangered species" means any species of fish or wildlife whose prospects of survival or recruitment within the state are in jeopardy due to any of the following factors:

(1) the present or threatened destruction, modification or curtailment of its habitat;

(2) overutilization for scientific, commercial or sporting purposes;

(3) the effect of disease or predation;

(4) other natural or man-made factors affecting its prospects of survival or recruitment within the state; or

(5) any combination of the foregoing factors.

The term may also include any species of fish or wildlife appearing on the United States list of endangered native and foreign fish and wildlife as set forth in Section 4 of the federal Endangered Species Act of 1973 as endangered species, provided that the [commission] division adopts those lists in whole or in part. The term shall not include any species covered by the provisions of 16 U.S.C. 1331 through 1340 (1971) and shall not include any species of the class insecta determined by the director to constitute a pest whose protection under the Wildlife Conservation Act would present an overwhelming and overriding risk to man;

E. "investigation" means a process pursuant to Subsections B through L of Section 17-2-40 NMSA 1978 undertaken whenever the [director] secretary suspects that a species may be threatened or endangered and [which] that consists of a formal review of existing data and studies and may include additional field research to determine whether a species is threatened or endangered;

F. "land or aquatic habitat interests" means interests in real property or water rights consisting of fee simple title, easements in perpetuity, time certain easements, long-term leases and short-term leases;

G. "management" means the collection and application of biological information for the purposes of establishing and maintaining a congruous relationship between individuals within species and populations of wildlife and the carrying capacity of their habitat. The term includes the entire range of activities that constitutes a full scientific resource program [of], including [but not limited to] research, census, law enforcement, propagation, acquisition or maintenance of land or aquatic habitat interests appropriate for recovery of the species; improvement and maintenance, education and related activities; [or] and protection and regulated taking;

H. "recovery plan" means a designated program or methodology reasonably expected to lead to restoration and maintenance of a species and its habitat;

I. "peer review panel" means an advisory panel of scientists, each of whom possesses expertise relevant to the proposed investigation and at least one of whom is a wildlife biologist, convened to review the scientific methodology for collection and analysis of data by a researcher based on commonly accepted scientific peer review;

J. "secretary" means the secretary of natural resources and environment;

[J.] K. "species" means any species or subspecies;

[K.] L. "substantial public interest" means a nonfrivolous claim indicated by a broad-based expression of public concern;

[L.] M. "take" or "taking" means to harass, hunt, capture or kill any wildlife or attempt to do so;

[M.] N. "threatened species" means any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range in New Mexico; the term may also include any species of fish or wildlife appearing on the United States list of endangered native and foreign fish and wildlife as set forth in Section 4 of the federal Endangered Species Act of 1973 as threatened species, provided that the [commission] division adopts the list in whole or in part; and

[N.] O. "wildlife" means any nondomestic mammal, bird, reptile, amphibian, fish, mollusk or crustacean or any part, egg or offspring or the dead body or parts thereof."

SECTION 82. Section 17-2-40 NMSA 1978 (being Laws 1974, Chapter 83, Section 4, as amended) is amended to read:

"17-2-40. BIENNIAL REVIEW--INVESTIGATIONS--RECOMMENDATIONS OF THE [DIRECTOR] SECRETARY--PROCEDURES.--

A. The secretary, in consultation with the director, shall conduct a biennial review of all species of wildlife named on the list required by Section 17-2-41 NMSA 1978. The [director] secretary may conduct investigations at any time of those other species of wildlife indigenous to the state that are suspected of being threatened or endangered in order to develop information relating to population, distribution, habitat needs, limiting factors and other biological and ecological data to determine [his] recommendations for listing or not listing a species and management measures and requirements necessary for [their] its survival. The [director] secretary shall also conduct, within a reasonable time, an investigation to support listing or delisting [of] a species based upon new evidence or [with the advice and consent of the commission, based upon] substantial public interest. Upon completion of an investigation [or investigations, he], the secretary shall [make written recommendations to the commission] determine whether to list or not list any unlisted species or to delist any listed species investigated. In conducting any investigation for new listing or delisting required or undertaken pursuant to this subsection, the [director] secretary shall comply with the procedures established in Subsections B through L of this section. Species listed as threatened or endangered on the state list through adoption of the United States list pursuant to Subsections D and M of Section 17-2-38 NMSA 1978 shall not be subject at the time of adoption to the listing procedures established in Subsections B through K of this section.

B. The secretary, in consultation with the director, shall select a researcher to conduct an investigation pursuant to Subsection A of this section and request the appointment of a peer review panel composed of one qualified individual from each of the four-year state universities to be appointed by the presidents of the respective universities. The peer review panel shall be requested to submit comments according to a schedule determined by the [director] secretary. The researcher shall submit [his] the research design to the peer review panel.

C. When additional field research is undertaken as part of an investigation, the peer review panel shall examine the proposed research design for methodology for collection and analysis of data. Upon receipt of the peer review panel's submitted comments, the researcher shall initiate the field research regarding the designated species.

D. To the extent practicable, as part of [his] the researcher's investigation, the researcher shall meet and consult with private landowners, lessees and land and resource managers who are or may be affected by or have information pertinent to the investigation.

E. When the researcher initiates [his] the investigation, the [director] secretary shall:

(1) create a public repository file in which copies of all documents filed with the [director] secretary pertaining to the investigation or a potential recovery plan, to be developed pursuant to Section 17-2-40.1 NMSA 1978, including all peer review comments, shall be maintained;

(2) mail a notice of the initiation of the investigation to federal and state agencies, local and tribal governments that are or may be affected by the results of the investigation and individuals and organizations that have requested notification of [department] division actions regarding threatened or endangered species;

(3) notify the general public of the initiation of the investigation by information releases to the media in the area of the state affected;

(4) indicate, in all notices and information releases, where and until what date information may be submitted for inclusion in the public repository file;

(5) accept data, views or information about the biological or ecological status of the species for use in both the investigation and the development of the potential recovery plan; and

(6) accept data, views and information on the potential economic or social impacts or opportunities of a change in the legal status of the species for inclusion in the recovery plan.

F. The [director] secretary shall file all written comments, data, views and information furnished pursuant to Subsection [D] E of this section in the public repository file and shall preserve that file for use in connection with the listing process and development of any recovery plan developed pursuant to the provisions of Section 17-2-40.1 NMSA 1978. The [director] secretary shall file in the public repository file all records indicating contact by the secretary, director, the researcher, employees or contractors with landowners or public or private resource managers affected by the potential action.

G. Information from the public repository file relating to social and economic impacts shall not be considered by the [director] secretary in making [his recommendation or the commission in making its] a decision to list, delist, not list, continue to list, upgrade or downgrade a species, but shall be considered only in the development of any recovery plan for the species.

H. The [commission] division shall [adopt, notwithstanding the provisions of Section 14-2-1 NMSA 1978, regulations by January 1, 1996] promulgate rules governing the confidentiality of data from an investigation.

I. The researcher shall prepare and submit draft reports to the peer review panel and to the public repository file. The peer review panel will be requested to examine and comment on the draft report in a timely manner.

J. After consideration of the peer review panel's submitted comments on the draft reports, the researcher shall prepare final reports and file them and all peer review panel comments with the [director] secretary and in the public repository file. The peer review panel shall not be compelled to attend any hearing before the [commission] division.

K. Upon receipt of the researcher's final reports, the [director] secretary shall [make recommendations to the commission to list, not list or delist the species based upon criteria listed in Subsection L of this section. The commission shall] establish dates and locations for public hearings on the recommended actions and give notice of the public hearings in the same manner and to the same persons as notice was given of the initiation of the investigation and, in addition, publish legal notice in a newspaper of general circulation in the area affected at least ninety days before the date set for the hearing. Public hearings shall be held at a place within any quadrant of the state affected by the recommended actions when the [director] secretary determines that there is substantial public interest indicated in holding a hearing in that quadrant. All hearings on the recommended actions shall be held within six months of the date the [director makes his recommendations] researcher files the final report with the secretary. The notice shall:

(1) include the date, time and location of all hearings on the matter;

(2) include a statement of the recommended action;

(3) include an indication of the location and availability of the public repository file;

(4) indicate where and by what date written comments and testimony to be included in the hearing record may be filed;

(5) indicate that views, data and comments pertaining to the final report may be presented orally at or in writing to the hearing;

(6) specify that notice of intent to present technical and scientific testimony and a written copy of the testimony to be presented shall be submitted to the [commission] secretary not less than thirty days prior to the initial hearing; and

(7) specify that the public record shall remain open for comments for thirty days after the date of the final hearing.

L. The [commission] secretary shall make [its decisions] a decision and take action based upon relevant and reliable evidence to list, not list or delist a species [at its next regularly scheduled meeting within] no more than thirty days after the close of the hearing record. The [commission] secretary shall:

(1) list or maintain a species as endangered and shall not delist a species if [it] the secretary finds that the species' prospects for survival or recruitment within the state are in jeopardy based upon the biological and ecological evidence in the public repository file and based upon biological and ecological evidence received in the public hearings; and

(2) list or maintain a species as threatened and shall not delist a species if [it] the secretary finds that the species' prospects for survival or recruitment within the state are likely within the foreseeable future to be in jeopardy based upon the biological and ecological evidence in the public repository file and biological and ecological evidence received in public hearings.

M. Whenever the [director] secretary finds that there is an emergency posing a significant risk to the well-being of any species and that risk is likely to jeopardize the continued survival or recruitment of the species within the state, the [director] secretary shall [recommend to the commission that the species should be listed as endangered. The commission shall act upon the director's recommendation] immediately [and shall] either list or not list the species by [regulation] rule based upon the evidence supporting the recommendation if [it] the secretary finds that the continued survival of the species is in jeopardy. If the [commission] secretary lists the species as endangered, [it shall waive] the requirements of Subsections A through L of this section shall be waived. Whenever the [commission] secretary adopts a [regulation] rule listing a species as endangered pursuant to this subsection, it shall give notice of the listing in the same manner and to the same persons as notice is given in the initiation of investigations and in addition shall publish legal notice in a newspaper of general circulation in the area affected. The emergency listing shall cease to have force and effect at the close of a three-year period following the date of the finding unless, during the three-year period, the procedures for listing pursuant to Subsections B through L of this section or continuing to list pursuant to [commission regulations] rules for the biennial review are completed."

SECTION 83. Section 17-2-40.1 NMSA 1978 (being Laws 1995, Chapter 145, Section 5) is amended to read:

"17-2-40.1. RECOVERY PLANS--PROCEDURES.--

A. To the extent practicable, a recovery plan shall be developed pursuant to Subsections B through G of this section for any species listed as threatened or endangered. If indicated, the director shall conduct a social and economic analysis and, if adverse impacts are found, develop a social or economic mitigation plan.

B. To the extent practicable, the director shall develop recovery plans that include several threatened or endangered species that utilize similar habitats or share a common threat or both. A multiple-species recovery plan shall be designed to accomplish recovery of the shared habitat or reduce a common threat or both.

C. As the initial action in the development of a recovery plan, the director shall, within one year of listing, schedule a public information meeting in each of the quadrants of the state determined by the director to be affected by the development of a recovery plan. These meetings shall be held in a manner calculated to provide a reasonable opportunity for individuals and private and public entities to participate and express their views about the development of a recovery plan for one or more species and the attendant adverse social or economic impacts, if any, that may result from implementation of a recovery plan. At these meetings, the director shall present background information about the basis of the listing, an explanation of the process to develop a recovery plan and the probable content in general terms, if known, of the recovery plan and if needed, the process to develop a social and economic mitigation plan.

D. Upon completion of the public information [meeting or] meetings on a recovery plan, the director shall consult and cooperate with other states or countries when appropriate and shall solicit interest from representatives of affected local governments, tribal governments, landowners, state and federal agencies and other interested individuals and organizations to serve on an advisory committee. [He] The director shall appoint to the advisory committee all of those who are willing to participate in the development of the recovery plan. When necessary, [he] the director may appoint from the membership of the advisory committee a working group reflecting the diversity of the advisory committee.

E. With the assistance of the advisory committee, the director shall develop a draft recovery plan to achieve the following objectives:

(1) restoration and maintenance of a viable population of the threatened or endangered species and its habitat reasonably expected to lead to the delisting of the species;

(2) avoidance or mitigation of adverse social or economic impacts;

(3) identification of social or economic benefits and opportunities; and

(4) use of volunteer resources and existing economic recovery and assistance programs and funding available from public and private sources to implement the plan.

F. The director shall mail the draft recovery plan to federal and state agencies, local and tribal governments that are or may be affected by the recovery plan and individuals and organizations that have requested notification of [department] division actions regarding threatened or endangered species.

G. [The final recovery plan shall be presented to the commission for its consideration not later than two years from the date the species was listed.] If, after receiving comment from the entities listed in Subsection F of this section, the [commission] director determines that the proposed plan has achieved the objectives set forth in Subsection E of this section, [it] the director shall approve the recovery plan or approve with conditions. After approval of the plan, the director shall seek cooperation with other states and countries, when appropriate, and landowners, state and federal agencies and local and tribal governments for implementation of the recovery plan and when appropriate submit the recovery plan to the secretary of the interior for approval pursuant to the federal Endangered Species Act of 1973."

SECTION 84. Section 17-2-41 NMSA 1978 (being Laws 1974, Chapter 83, Section 5, as amended) is amended to read:

"17-2-41. ENDANGERED SPECIES.--

A. On the basis of investigations concerning wildlife, other available scientific and commercial data and after consultation with wildlife agencies in other states, appropriate federal agencies, local and tribal governments and other interested persons and organizations, the [commission] division shall by [regulation] rule develop a list of those species of wildlife indigenous to the state that are determined to be threatened or endangered within the state, giving their common and scientific names by species and subspecies.

B. The director shall conduct a review of the state list of threatened or endangered species [and shall present] biennially to [the commission his recommendations for appropriate] determine what action [The commission shall act on the director's biennial recommendations at its next regularly scheduled meeting. The commission shall adopt, no later than January 1, 1996, regulations providing procedures for commission actions on the director's recommendations to continue to list or to upgrade or downgrade] to take relating to the upgrade or downgrade of a species.

C. Except as otherwise provided in the Wildlife Conservation Act, it is unlawful for any person to take, possess, transport, export, process, sell or offer for sale or ship any species of wildlife appearing on any of the following lists:

(1) the list of wildlife indigenous to the state determined to be endangered within the state as set forth by [regulations] rules of the [commission] division; and

(2) the United States lists of endangered native and foreign fish and wildlife as set forth in Section 4 of the federal Endangered Species Act of 1973 as endangered or threatened species, but only to the extent that those lists are adopted for this purpose by [regulations] rules of the [commission] division; provided that any species of wildlife appearing on any of the lists set forth in this subsection, transported into the state from another state or from a point outside the territorial limits of the United States and [which] that is destined for a point beyond the state, may be transported across the state without restriction in accordance with the terms of any federal permit or permit issued under the laws or [regulations] rules of another state or otherwise in accordance with the laws of another state.

D. The provisions of Subsection C of this section shall not apply to a taking of wildlife by a Native American for religious purposes, unless it materially and negatively affects an endangered species or threatened species."

SECTION 85. Section 17-2-42 NMSA 1978 (being Laws 1974, Chapter 83, Section 6) is amended to read:

"17-2-42. MANAGEMENT PROGRAMS.--

A. The director shall establish such programs, including programs for research and the acquisition of land or aquatic habitat, as authorized and deemed necessary [by the commission] for the management of endangered species.

B. In carrying out programs authorized by the Wildlife Conservation Act, the director may enter into agreements with federal agencies, political subdivisions of the state or with private persons for administration and management of any program established under this section or utilized for management of endangered species.

C. The director may authorize by permit the taking, possession, transportation, exportation or shipment of species or subspecies [which] that have been deemed [by the commission] to be in need of management as provided in the Wildlife Conservation Act, so long as such use is for scientific, zoological or educational purposes, for propagation in captivity of such wildlife or to protect private property.

D. Endangered species may be removed, captured or destroyed where necessary to alleviate or prevent damage to property or to protect human health. Such removal, capture or destruction may be carried out only by prior authorization by permit from the director, unless otherwise provided by law; provided that endangered species may be removed, captured or destroyed without permit by any person in emergency situations involving an immediate threat to human life or private property. [Regulations] Rules governing the removal, capture or destruction of endangered species shall be [adopted] promulgated by the [commission within one year after the effective date of the Wildlife Conservation Act] division."

SECTION 86. Section 17-2-43 NMSA 1978 (being Laws 1974, Chapter 83, Section 7) is amended to read:

"17-2-43. [COMMISSION] DIVISION--POWER TO REGULATE.--The [commission] division is authorized and directed to establish such [regulations] rules as it may deem necessary to carry out all the provisions and purposes of the Wildlife Conservation Act."

SECTION 87. Section 17-2-43.1 NMSA 1978 (being Laws 1995, Chapter 145, Section 8, as amended) is amended to read:

"17-2-43.1. JUDICIAL REVIEW--ADMINISTRATIVE ACTIONS.--

A. Any person adversely affected by an order of the [commission] division or secretary may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

B. Any person adversely affected by a [regulation] rule adopted by the [commission] division or secretary may appeal to the court of appeals. All appeals shall be upon the record made at the hearing or contained in the public repository file and shall be taken to the court of appeals within thirty days following the date of the filing of the [regulation] rule by the [commission] division pursuant to the provisions of the State Rules Act.

C. Upon appeal, the court of appeals shall set aside the [regulation] rule only if it is found to be:

(1) arbitrary, capricious or an abuse of discretion;

(2) not supported by substantial evidence in the record; or

(3) otherwise not in accordance with law.

D. After a hearing and a showing of good cause by the appellant, a stay of the [regulation] rule being appealed may be granted:

(1) by the [commission] division; or

(2) by the court of appeals if the [commission] division denies a stay or fails to act upon an application for a stay within sixty days after receipt of the application.

E. The appellant shall pay all costs for any appeal found to be frivolous by the court of appeals."

SECTION 88. Section 17-2A-2 NMSA 1978 (being Laws 1996, Chapter 89, Section 4) is amended to read:

"17-2A-2. STATEWIDE SYSTEM FOR HUNTING ACTIVITIES.--The [state game commission] game and fish division of the natural resources and environment department shall develop a statewide system for hunting activities that increases participation by New Mexico residents and considers hunter safety, quality hunts, high demand areas, guides and outfitters, quotas and local and financial interests."

SECTION 89. Section 17-3-7 NMSA 1978 (being Laws 1912, Chapter 85, Section 48, as amended) is amended to read:

"17-3-7. BLANK FORMS--LICENSE ISSUED ONLY ON

APPLICATION--FALSE STATEMENT VOIDS LICENSE--RECORDS--REPORTS--ACCOUNTING FOR FEES COLLECTED--REFUND OF FEES--TRANSFER OF HUNTING LICENSE.--

A. The director of the [department of] game and fish division of the natural resources and environment department shall prescribe and procure the printing of all forms and blanks that may be required to carry out the intent of Chapter 17 NMSA 1978. All necessary blanks shall be furnished by the director to the license collectors. No license shall be issued except as provided in Section 17-3-5 NMSA 1978. Any false statement in any application shall render the license issued void.

B. A license collector shall keep a correct and complete record of licenses issued, which record shall remain in the license collector's office and be open to inspection by the public at all times.

C. A license collector may collect and retain a vendor fee for each license or permit issued; provided the fee shall be just and reasonable, as determined by [regulation] rule of the [state game commission] game and fish division, and shall not exceed one dollar ($1.00) for each license or permit issued; and provided further that no such fee shall be collected by the [department of game and fish] division from the purchaser of a special license. "Special license" includes those licenses for the following species: antelope, elk, Barbary sheep, bighorn sheep, bison, oryx, ibex, gazelle and javelina.

D. A license collector shall remit to the director of the [department of] game and fish division the statutory fee of all licenses and permits sold on or before the tenth day of the month following and shall by the same time report the number and kind of licenses issued.

E. Except as provided in Section 17-1-14 NMSA 1978, the director of the [department of] game and fish division shall turn over all money so received to the state treasurer to be credited to the game protection fund.

F. The director of the [department of] game and fish division, in the director's sole discretion, may authorize a refund of the amount of a hunting license fee from the game and fish suspense fund if:

(1) upon written application by the licensee, prior to the time of the hunt for which the license has been issued, the director finds that:

(a) the licensee has a disability, due to a verified injury or life-threatening illness, that prohibits the licensee from hunting during the period that the license is valid; or

(b) the licensee has been deployed by the military and the deployment prevents the licensee from traveling to the hunt during the period that the license is valid; or

(2) upon written application by a personal representative of a licensee's estate, the director finds that the licensee died prior to the time of the hunt for which the license was issued.

G. The director of the [department of] game and fish division, in the director's sole discretion, may authorize a transfer of a hunting license:

(1) to the licensee's designee if, upon written application by the licensee, prior to the time of the hunt for which the license has been issued, the director finds that:

(a) the licensee has a disability, due to a verified injury or life-threatening illness, that prohibits the licensee from hunting during the period that the license is valid; or

(b) the licensee has been deployed by the military and the deployment prevents the licensee from traveling to the hunt during the period that the license is valid;

(2) to the designee of the licensee's estate if, upon written application by the personal representative of the licensee's estate, the director finds that the licensee died prior to the time of the hunt for which the license was issued; or

(3) upon written application by a licensee, to a nonprofit organization approved by the [state game commission] division.

H. The [state game commission] game and fish division may prescribe, by rule, the documentation necessary for a finding pursuant to Subsection F or G of this section."

SECTION 90. Section 17-3-12 NMSA 1978 (being Laws 1959, Chapter 144, Section 6) is amended to read:

"17-3-12. ACCOUNTING FOR LICENSES.--When a license vendor is unable to account for hunting and fishing licenses issued to [him] the license vendor, the [state game commission] game and fish division of the natural resources and environment department shall determine the extent of liability of the vendor, and the decision of the [commission] division shall be final."

SECTION 91. Section 17-3-13.5 NMSA 1978 (being Laws 2003, Chapter 290, Section 1) is amended to read:

"17-3-13.5. ELK LICENSES RESERVED.--The [state game commission] game and fish division of the natural resources and environment department shall reserve no more than two elk licenses a year for sale to persons under the age of twenty-one who have been determined by a licensed physician to have a life-threatening illness and who have been qualified through a nonprofit wish-granting organization approved by the [commission] division."

SECTION 92. Section 17-3-14.1 NMSA 1978 (being Laws 1989, Chapter 86, Section 1) is amended to read:

"17-3-14.1. LANDOWNER PERMITS FOR ELK.--The director of the [department of] game and fish division of the natural resources and environment department shall issue landowner permits for the lawful taking of elk in accordance with [regulations] rules of the [state game commission] division."

SECTION 93. Section 17-3-14.2 NMSA 1978 (being Laws 1998, Chapter 12, Section 1) is amended to read:

"17-3-14.2. LANDOWNER PERMITS--MANAGEMENT OF CERTAIN BIG GAME SPECIES.--The director of the [department of] game and fish division of the natural resources and environment department may issue landowner permits for the lawful taking of elk, antelope, oryx and deer. The permits may be issued when, in the determination of the director, they are necessary to effectively reduce conflicts between humans and wildlife and provide sport-hunting opportunities in accordance with [regulations] rules of the [state game commission] division."

SECTION 94. Section 17-3-15 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 6, as amended) is amended to read:

"17-3-15. ADDITIONAL DEER LICENSE.--

A. It is a misdemeanor for any person to procure or use more than one license to hunt big game in one year, except as provided in this section, or to use any tag after it has been used once.

B. For the purpose of effectuating better game management and control, the [state game commission] game and fish division of the natural resources and environment department may by [regulation] rule authorize the sale of not more than one additional deer license each year to any person holding a license that entitled the person to hunt deer during that year. The fee for an additional deer license shall be the resident or nonresident deer license fee pursuant to Section 17-3-13 NMSA 1978.

C. It is a misdemeanor for any person to take or attempt to take a deer with an additional deer license unless the person has the additional deer license and the other license that entitled the person to hunt deer for that year in the person's possession. Possession of an additional deer license without the other license that entitled the person to hunt deer for that year is prima facie evidence of violation of this section."

SECTION 95. Section 17-3-16.1 NMSA 1978 (being Laws 1989, Chapter 384, Section 1, as amended) is amended to read:

"17-3-16.1. BIGHORN SHEEP ENHANCEMENT PERMITS--ISSUANCE--USE.--

A. The [state game commission shall direct the department of] game and fish [to] division of the natural resources and environment department shall authorize not more than two of the permits available for issuance in the license year for the taking of two bighorn rams for the purpose of raising funds for programs and projects to benefit bighorn sheep.

B. The [state game commission] game and fish division shall prescribe by [regulation] rule the form, design and manner of issuance of the bighorn sheep enhancement permits. The issuance of one permit shall be subject to auction by the [department] division or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the [commission] division and shall be sold to the highest bidder. The issuance of the other permit shall be subject to a lottery by the [department] division, or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the [commission] division.

C. All money collected from the issuance and sale of the bighorn sheep enhancement permits shall be credited to the game protection fund to be used exclusively for bighorn sheep preservation, restoration and management."

SECTION 96. Section 17-3-16.2 NMSA 1978 (being Laws 1999, Chapter 69, Section 1) is amended to read:

"17-3-16.2. ELK ENHANCEMENT PERMIT--ISSUANCE--USE.--

A. The [state game commission shall direct the department of] game and fish [to] division of the natural resources and environment department shall authorize two elk enhancement permits each license year for the taking of two elk bulls to raise funds for programs and projects to better manage elk.

B. The [state game commission] game and fish division shall prescribe by rule the form, design and manner of issuance of the two elk enhancement permits. The issuance of one permit shall be subject to auction by the [department] division or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the [commission] division, and shall be sold to the highest bidder. The issuance of the other permit shall be subject to a lottery by the [department] division or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the [commission] division.

C. All money collected from the issuance and sale of the elk enhancement permits shall be credited to the game protection fund to be used exclusively for elk restoration and management."

SECTION 97. Section 17-3-16.3 NMSA 1978 (being Laws 2003, Chapter 69, Section 1) is amended to read:

"17-3-16.3. LIEUTENANT GOVERNOR'S DEER ENHANCEMENT PERMITS--ISSUANCE--USE.--

A. The [state game commission shall direct the department of] game and fish [to] division of the natural resources and environment department shall authorize two deer enhancement permits each license year for the taking of two deer to raise funds for programs and projects to better manage deer.

B. The [state game commission] game and fish division shall prescribe by rule the form, design and manner of issuance of the two deer enhancement permits. The issuance of one permit shall be subject to auction by the [department] division or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the [commission] division, and shall be sold to the highest bidder. The issuance of the other permit shall be subject to a lottery by the [department] division or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the [commission] division.

C. All money collected from the issuance and sale of the lieutenant governor's deer enhancement permits shall be credited to the game protection fund to be used exclusively for deer restoration and management."

SECTION 98. Section 17-3-16.4 NMSA 1978 (being Laws 2005, Chapter 149, Section 1) is amended to read:

"17-3-16.4. GOULD'S TURKEY ENHANCEMENT PERMITS--ISSUANCE--USE.--

A. The [state game commission may direct the department of] game and fish [to] division of the natural resources and environment department may authorize Gould's turkey enhancement permits for the taking of Gould's turkeys, Meleagris gallopavo mexicana, to raise funds for programs and projects to better manage the Gould's turkey population in New Mexico.

B. The [state game commission] game and fish division shall prescribe by rule the form, design and manner of issuance of the Gould's turkey enhancement permits. The issuance of the permits shall be subject to a lottery or auction. Such allotment of the permits may be conducted by an incorporated nonprofit organization dedicated to conservation of wildlife, in cooperation with and overseen by the [commission and the department of game and fish] division.

C. The [state game commission] game and fish division shall [direct the department of game and fish to] authorize Gould's turkey enhancement permits only after the [department] division has documented that the issuance of each enhancement permit will not jeopardize the prospects for the survival and recruitment of the Gould's turkey within New Mexico.

D. Gould's turkey enhancement permits shall be authorized only when doing so does not conflict with the Wildlife Conservation Act or any rules implementing that act.

E. Money collected from the issuance and sale of the Gould's turkey enhancement permits shall be credited to the game protection fund to be used exclusively for the restoration and management of Gould's turkeys and Gould's turkey habitats, which support a variety of other unique and rare wildlife of southwestern New Mexico."

SECTION 99. Section 17-3-16.5 NMSA 1978 (being Laws 2007, Chapter 105, Section 1) is amended to read:

"17-3-16.5. HUNTING AND FISHING AUTHORIZATIONS--GOVERNOR'S SPECIAL EVENTS.--The director of the [department of] game and fish division of the natural resources and environment department may annually make available to the governor no more than twelve big game special authorizations and twelve game bird or trophy fish special authorizations. The authorizations shall be allocated by auction in conjunction with special events called by the governor to raise money for fish and wildlife conservation. Any auction used to allocate an authorization shall comply with rules adopted by the [state game commission] division. Each authorization shall allow the holder to purchase a license to hunt or fish for the species indicated on the authorization during dates and times at locations specified by the [state game commission] division. The director may designate the species allowable for each authorization, but no more than three authorizations shall be issued for any one species each year. Money collected pursuant to the special authorizations of the governor shall be deposited in the game protection fund."

SECTION 100. Section 17-3-16.6 NMSA 1978 (being Laws 2007, Chapter 243, Section 1) is amended to read:

"17-3-16.6. ENHANCEMENT AUTHORIZATION PACKAGES--HABITAT ENHANCEMENT.--The [state game commission] game and fish division of the natural resources and environment department shall adopt rules [for the department of game and fish] to issue enhancement authorization packages each license year for the taking of one each of elk, deer, oryx, ibex and pronghorn antelope. Each enhancement authorization package shall be auctioned by the [department of game and fish] division or by an incorporated nonprofit organization dedicated to the conservation of wildlife and sold to the highest bidder. Money collected from the enhancement authorization packages shall be deposited in the game protection fund and shall be used exclusively for big game habitat enhancement, conservation and protection."

SECTION 101. Section 17-3-17 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 8, as amended) is amended to read:

"17-3-17. FISHING WITHOUT LICENSE--EXCEPTIONS.--

A. It is a misdemeanor for any person, except children who have not reached their twelfth birthday, to take or attempt to take any game fish from any public stream or water in this state without [having on his person] carrying a proper fishing license as provided by law. The presence of any person, except children who have not reached their twelfth birthday, along any public stream or water in this state with fishing rod, hook or line, without [having on his person] carrying a proper fishing license, is prima facie evidence of the violation of this section. The director of the [department of] game and fish division of the natural resources and environment department or any conservation officer may require any person along any public stream or water in this state with fishing rod, hook or line to exhibit [his] the person's license.

B. The director [with the approval of the state game commission] of the game and fish division may designate no more than two nonconsecutive Saturdays in each year as free fishing days. During the free fishing days, residents and nonresidents may exercise the privileges of holders of proper fishing licenses without having proper fishing licenses and without payment of any license fees, subject to all limitations, restrictions, conditions, laws and rules [and regulations] applicable to holders of proper fishing licenses."

SECTION 102. Section 17-3-21 NMSA 1978 (being Laws 1949, Chapter 149, Section 3) is amended to read:

"17-3-21. FISHING LAWS APPLICABLE TO SPECIAL LICENSEES.--All fishing under the privileges granted to the holders of [such] special licenses issued pursuant to Section 17-3-19 NMSA 1978 shall be in accordance with the seasons and bag limits and other [regulations] rules established by the [state game commission] game and fish division of the natural resources and environment department."

SECTION 103. Section 17-3-24 NMSA 1978 (being Laws 1951, Chapter 60, Section 2) is amended to read:

"17-3-24. FISHING SUPERVISION AT BOYS' SCHOOL.--[Provided however, that such] Fishing by [said wards] resident children as provided by Section [1 of this act] 17-3-23 NMSA 1978 shall be done under the supervision of the officials of [said] the New Mexico [Industrial] boys' school and in conformity with seasons and bag limits established by the [state game commission] game and fish division of the natural resources and environment department."

SECTION 104. Section 17-3-26 NMSA 1978 (being Laws 1939, Chapter 27, Section 1, as amended) is amended to read:

"17-3-26. TAKING MINNOWS AND NONGAME FISH TO SELL AS BAIT--LICENSE REQUIRED--EXCEPTION.--It is unlawful for any person, except children under the age of twelve years, to take from the streams or public waters of this state minnows and nongame fish for the purpose of sale to fishermen or others for bait without having first procured from the [state game commission] game and fish division of the natural resources and environment department a license therefor as provided in Sections 17-3-26 through 17-3-28 NMSA 1978."

SECTION 105. Section 17-3-27 NMSA 1978 (being Laws 1939, Chapter 27, Section 2, as amended) is amended to read:

"17-3-27. BAIT LICENSE--BOND--FEE--ISSUANCE.--Any person desiring to procure a license for the purpose of engaging in the business of selling minnows and nongame fish for bait or taking minnows and nongame fish from the streams of this state for the purpose of sale to others shall apply to the [state game commission] game and fish division of the natural resources and environment department for a license. The application shall be upon forms provided by the [commission] division and shall set forth the public streams or waters out of which the applicant intends to take the minnows and nongame fish and the place at which they are to be sold. The application shall be accompanied by a just and reasonable fee as determined by [regulation] rule of the [state game commission] division. Upon receipt of the application, it [shall be] is the duty of the [state game commission or, when it is not in session, the] director of the [department of game and fish] division to pass upon the application and to issue a license authorizing the taking and the manner of taking of the minnows and nongame fish by the applicant from those waters in the state as in the opinion of the [state game commission or] director will not be detrimental to the public or injurious to protected fish. The license when so issued shall specify the manner of taking and the waters from which the applicant is permitted to take minnows and nongame fish for sale for bait."

SECTION 106. Section 17-3-28 NMSA 1978 (being Laws 1939, Chapter 27, Section 3) is amended to read:

"17-3-28. EXCEPTIONS--PROHIBITIONS.--Nothing in [this act] Sections 17-3-26 through 17-3-28 NMSA 1978 shall be construed to prevent licensed fishermen from taking minnows and other nongame fish for [his] their own use for bait or to prevent any minor under fifteen [(15)] years of age from taking minnows not for resale; provided, however, that it shall be unlawful for licensed fishermen or any other person using nongame fish for bait to place any of [such] the nongame fish [which] that are not used for bait in any waters stocked or reserved for game fish by the [state game commission of the state of New Mexico] game and fish division of the natural resources and environment department."

SECTION 107. Section 17-3-29 NMSA 1978 (being Laws 1912, Chapter 85, Section 42, as amended) is amended to read:

"17-3-29. PERMIT TO TAKE GAME, BIRDS OR FISH AS SPECIMENS OR FOR SCIENTIFIC OR PROPAGATING PURPOSES--ELIGIBILITY--ISSUANCE--CONTENTS--NONASSIGNABLE–SALE FOR FOOD PURPOSES PROHIBITED.--The [state] director of the game and fish division of the natural resources and environment department may issue permits to any person to take, capture, kill or transport within or out of the state any game, birds or fish mentioned in [this] Chapter 17 NMSA 1978 at any time when satisfied that [such] the person desires the [same] game, birds or fish exclusively as specimens or for scientific or propagating purposes. [Such] The permit shall be in writing and shall state the kind and number to be taken and the manner of taking, the name of the person to whom issued, the name of the place to which the [same is] game, birds or fish are to be transported and the name of the persons shipping [such] the game, birds or fish, and shall be signed by [him. Such] the person. The permit shall not be transferable, nor shall it be lawful to sell or barter any of the [animals] game, birds or fish taken or exported under [such] the permit for food purposes, and the holder [such] of the permit shall be liable to the penalties provided in [this] Chapter 17 NMSA 1978 if [he] the person violates any of its provisions."

SECTION 108. Section 17-3-30 NMSA 1978 (being Laws 1912, Chapter 85, Section 43, as amended) is amended to read:

"17-3-30. GAME AND FISH [WARDEN MAY TRANSMIT SPECIMENS] FURNISHED TO OTHER STATES.--[SEC. 43.] The [State Warden] director of the game and fish division of the natural resources and environment department may, upon application from the game and fish warden or corresponding officer of any other state, procure and transmit to [such] that officer alive specimens of the game animals, birds and fish of this state to be used for scientific or propagating purposes."

SECTION 109. Section 17-3-34 NMSA 1978 (being Laws 1912, Chapter 85, Section 35, as amended) is amended to read:

"17-3-34. REVOCATION OF LICENSE, CERTIFICATE OR PERMIT FOR VIOLATION OF LAW--NOTICE AND HEARING--JUDICIAL REVIEW.--

A. If the holder of [any] a license, certificate or permit persistently, flagrantly or knowingly violates or countenances the violation of any of the provisions of Chapter 17 NMSA 1978 or of any [regulations] rules referred to in Section 17-2-10 NMSA 1978, the license, certificate or permit shall be revoked by the [state game commission] game and fish division of the natural resources and environment department after reasonable notice given the accused of the alleged violation and after the accused is afforded an opportunity to appear and show cause against the charges.

B. At the hearing, the [state game commission] game and fish division shall cause a record of the hearing to be made and shall allow the person charged to examine witnesses testifying at the hearing. [Any] A person whose license, certificate or permit has been revoked by the [commission] division may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."

SECTION 110. Section 17-3-35 NMSA 1978 (being Laws 1957, Chapter 194, Section 1) is amended to read:

"17-3-35. SHORT TITLE.--[This act] Sections 17-3-35 through 17-3-42 NMSA 1978 may be cited as the "Regulated Shooting Preserve Act"."

SECTION 111. Section 17-3-36 NMSA 1978 (being Laws 1957, Chapter 194, Section 2, as amended) is amended to read:

"17-3-36. REGULATED SHOOTING PRESERVES--FEES.--The [state game commission] game and fish division of the natural resources and environment department may issue licenses authorizing the establishment and operation of regulated propagated game bird shooting preserves on private lands when in the judgment of the [commission] division such areas will not conflict with any reasonable prior interest. The [commission] division shall govern and prescribe by [regulation] rule the following:

A. the minimum and maximum size of the areas, including the type of fences and signs;

B. the method of hunting;

C. the open and closed seasons, which need not conform to the regular hunting seasons;

D. the releasing, possession and use of legally propagated pen-raised game birds on the preserves; and

E. the fee for the licenses, which shall be just and reasonable."

SECTION 112. Section 17-3-38 NMSA 1978 (being Laws 1957, Chapter 194, Section 4) is amended to read:

"17-3-38. TAGS.--All game birds taken from preserves shall be tagged, with tags to be furnished by the [commission] game and fish division of the natural resources and environment department at a reasonable fee, before being transported."

SECTION 113. Section 17-3-39 NMSA 1978 (being Laws 1957, Chapter 194, Section 5) is amended to read:

"17-3-39. SPECIAL NONRESIDENT LICENSES.--The [commission] game and fish division of the natural resources and environment department may issue special nonresident bird licenses to nonresidents to hunt on regulated shooting preserves with the owner's consent for legally propagated game birds upon the payment of a license fee of five dollars [and] twenty-five cents ($5.25). The license must be carried on the person at all times when hunting on private shooting preserves.

Five dollars ($5.00) of the special nonresident bird license fee is to be paid to the [state game and fish department] division. Twenty-five cents ($.25) of the fee is to be retained by the issuing agent."

SECTION 114. Section 17-3-42 NMSA 1978 (being Laws 1957, Chapter 194, Section 8) is amended to read:

"17-3-42. REVOCATION OF PERMITS.--Any permit issued under the [Private] Regulated Shooting Preserve Act may be revoked for a violation of any provision or any [regulation] rule made by the [commission] game and fish division of the natural resources and environment department relating to [the] that act."

SECTION 115. Section 17-3-49 NMSA 1978 (being Laws 2006, Chapter 86, Section 1) to read:

"17-3-49. 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; or

(4) entice, possess or confine an animal or bird for the purpose of 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, certificate or permit issued by the [state game commission] game and fish division of the natural resources and environment department, the license, certificate or permit shall be subject to revocation by the [commission] division 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 electronic 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, including hunting blinds, offices and rooms equipped to facilitate computer-assisted remote hunting."

SECTION 116. Section 17-4-1 NMSA 1978 (being Laws 1939, Chapter 223, Section 1, as amended) is amended to read:

"17-4-1. POWER TO ACQUIRE LAND.--The [state game commission of the state of New Mexico] game and fish division of the natural resources and environment department is [hereby] authorized and empowered to acquire by purchase, gift, bequest or lease, and to hold, develop and improve, lands for fish hatcheries, game farms, game refuges, bird refuges, resting and nesting grounds, field stations, dams, lakes, ditches, flumes, waterways, pipelines, canals, rights of way, trails, roads and for all purposes incidental to the propagation, preservation, protection and management of the game, birds, fish and wildlife of the state [of New Mexico]."

SECTION 117. Section 17-4-2 NMSA 1978 (being Laws 1939, Chapter 223, Section 2, as amended) is amended to read:

"17-4-2. EMINENT DOMAIN POWER--ABANDONMENT OR RELINQUISHMENT OF PROPERTY ACQUIRED.--Any property or rights of way required for use by the [state game commission] game and fish division of the natural resources and environment department may be acquired as for a public purpose and as a matter of public necessity under the power of eminent domain, by and with the written approval of the board of county commissioners of the county in which the property or rights of way sought are located, in an action instituted and prosecuted in the name of the state, according to the procedure for condemnation provided by the Eminent Domain Code; provided, nevertheless, that any property right acquired under the provisions of this section, if and when the use for which it was acquired has been abandoned for three years or otherwise relinquished, shall revert to the grantor from whom it was derived."

SECTION 118. Section 17-4-3 NMSA 1978 (being Laws 1939, Chapter 223, Section 3, as amended) is amended to read:

"17-4-3. SALE, EXCHANGE OR LEASE OF LANDS--PROCEEDS.--The [state game commission] game and fish division of the natural resources and environment department, except as [herein] limited in this section, is authorized to exchange, sell, lease, sublease or assign any interest in any lands and leases heretofore or hereafter acquired, including but not limited to the sale or lease of timber, oil, gas, minerals or any other severable product of or interest in real estate, when in the [judgement] judgment of [said commission such] the division the transaction will be in the interest of the [state game commission] division and [said] the lands, leases, products or severable parts thereof are in the opinion of [such commission] the division no longer necessary for the purposes for which [such] the lands were acquired or where [such] the lease or sublease will not materially interfere [with] or conflict with the use of [such] the lands for the purpose for which they were acquired. The proceeds of any such sale, exchange, lease or assignment shall be converted into the game protection fund and disbursed as the other [moneys] money in [said] the fund [are] is disbursed."

SECTION 119. Section 17-4-12 NMSA 1978 (being Laws 1912, Chapter 85, Section 63, as amended) is amended to read:

"17-4-12. LICENSE--APPLICATION--CONTENTS--LIMITS.--Any person having already established or desiring to establish or maintain a park or lake for the purpose of keeping or propagating and selling the game or game fish [therein] in the park or lake, or to be placed therein, shall apply in writing to the [Warden] director of the game and fish division of the natural resources and environment department, stating the name, location, extent and proprietorship of the [same] park or lake and the kind and, as near as may be, the number of game or game fish kept or desired to be kept therein and the term for which the license is desired and [inclosing] enclosing the fee [therefor, and] for the license. If upon examination by the [Warden] director it [shall appear] appears that the application is in good faith and in other respects proper and reasonable, [he] the director shall grant to [such] the applicant a license therefor; provided that the maximum area that may be included within any park shall not exceed three thousand two hundred acres and that every park shall be enclosed by a game-proof fence [which] that shall conform to specifications required by the [state game commission] division."

SECTION 120. Section 17-4-13 NMSA 1978 (being Laws 1912, Chapter 85, Section 64, as amended) is amended to read:

"17-4-13. LICENSE--[SEC. 63] FORM [OF].--[SEC. 64.] Such license shall be substantially in the following form:

GAME AND FISH

STATE OF NEW MEXICO

[DEPARTMENT OF] GAME AND FISH DIVISION

LICENSED PARKS AND LAKES

No.__________ Class A.Santa Fe_______________ [19] 20__

This certifies that ____________________ proprietor of a (public or private) (park or lake) called ___________________ and situated on _________________________ Sec________________ Twp _______________ Range _______________ in ________________ county, New Mexico, is hereby authorized to keep and propagate [therein] and dispose of as provided by law the following (game quadrupeds, birds or fish), viz: ______________________ together with such additions thereto (with the natural increase of all) as may be hereafter lawfully acquired. This license expires ____________________ years after date.

___________________________ [Warden] Director."

SECTION 121. Section 17-4-16 NMSA 1978 (being Laws 1912, Chapter 85, Section 67, as amended) is amended to read:

"17-4-16. GAME OR FISH FROM PARKS OR LAKES--SALE [OF--OWNER--DUTY]--INVOICE--FORM [WARDEN].--[SEC. 67.] When the proprietor of any licensed park or lake of Class A shall sell or dispose of any game or game fish as [herein] provided [he] in Sections 17-4-8 through 17-4-28 NMSA 1978, the proprietor shall at the same time deliver to the purchaser or donee or attach thereto an invoice signed by [such] the proprietor or [his] the proprietor's agent, stating the number of the license and name of [such] the park or lake, the date of disposition, the kind and as near as practicable the number and weight of [such] the game or fish and the name and address of the purchaser, consignee or donee. [Such] The invoice shall authorize transportation within this state, possession and use for thirty days after its date and shall be substantially in the following form:

STATE OF NEW MEXICO

[DEPARTMENT OF] GAME AND FISH DIVISION

PRIVATE PARKS AND LAKES--INVOICE

Name of park or lake_________________________________Class A No. of license ________________ Date _______________ [19] 20 _____ Kind and number of game and fish_______________________ Weight of same _________ lbs. Name of consignee_______ __________________ Address of consignee________________

This authorizes transportation within this state, possession and sale for thirty days after date if attached to article.

__________________________ Proprietor_____

By__________________________________Agent.

[Such] The proprietor or [his] the proprietor's agent shall at the same time mail, postpaid, a duplicate of [such] the invoice to the [Warden] director of the game and fish division of the natural resources and environment department at Santa Fe."

SECTION 122. Section 17-4-30 NMSA 1978 (being Laws 1951, Chapter 66, Section 1) is amended to read:

"17-4-30. FEDERAL AID.--The state of New Mexico hereby assents to the provisions of the act of congress of the United States [of America] entitled "An Act to Provide That The United States Shall Aid The States In Fish Restoration And Management Projects, And For Other Purposes", approved August 9, 1950 (Public Law 681, 81st Congress), and the [state game commission] game and fish division of the natural resources and environment department is hereby authorized and directed to perform all [such] acts as may be necessary to the conduct and establishment of cooperative fish restoration and management projects as defined by [said] that act of congress and in compliance with [said] that act and rules and regulations promulgated by the secretary of [Agriculture] the interior thereunder."

SECTION 123. Section 17-4-31 NMSA 1978 (being Laws 1951, Chapter 66, Section 2) is amended to read:

"17-4-31. FEDERAL FUNDS--DISBURSEMENT.--The [state game commission] game and fish division of the natural resources and environment department is authorized to receive any [moneys] money to which the state [of New Mexico] may become entitled under the [aforesaid] act of congress set forth in Section 17-4-30 NMSA 1978, such [moneys] money when received to be deposited with the state treasurer [of the state of New Mexico] to the credit of the [State] game protection fund, expended for the purpose designated and withdrawn as other [moneys are] money is withdrawn from the [State] game protection fund."

SECTION 124. Section 17-4-32 NMSA 1978 (being Laws 1965, Chapter 73, Section 1) is amended to read:

"17-4-32. DESTRUCTION OF BOUNDARY MARKERS.--Every person who shall [wilfully] willfully, maliciously and without cause break down, injure, remove or destroy any sign, marker or poster erected for the purpose of designating the boundaries of any tract of land, refuge or sanctuary for wildlife, or for the purpose of designating the boundaries of a hunting area set forth by [the state game commission] or under the direction of the director of the [department of] game and fish division of the natural resources and environment department, shall upon conviction thereof be deemed guilty of a petty misdemeanor."

SECTION 125. Section 17-4-33 NMSA 1978 (being Laws 2005, Chapter 173, Section 1) is amended to read:

"17-4-33. GAINING ACCESS INTO NATURE PROGRAM--POLICY--ADDITIONAL POWERS OF [STATE GAME COMMISSION] GAME AND FISH DIVISION.--

A. It is the policy of the state [of New Mexico] to encourage and promote wildlife-associated recreation in New Mexico and to provide for public participation in the use of available natural resources in a manner that will benefit the general public in its enjoyment of public assets and the state and its political subdivisions in increased economic development.

B. To implement the state policy, the [state game commission] game and fish division of the natural resources and environment department shall develop and administer a "gaining access into nature program" pursuant to the provisions of this section.

C. In addition to its other powers, in order to develop and administer the gaining access into nature program, the [state game commission] game and fish division may:

(1) designate areas and properties under its control where activities other than hunting, fishing and trapping are available to the public;

(2) designate activities that may take place on properties under its control and designate conditions and qualifications for the activities;

(3) enter into partnership and joint powers agreements, leases and other contractual arrangements with other state agencies, private landowners and other private entities to jointly administer, promote and expand the gaining access into nature program;

(4) issue permits, special use licenses and other authorizations for access to individuals and organizations to access [state game commission] division properties for purposes of participating in gaining access into nature programs and charge fees for the access privileges; provided that the fees do not exceed the reasonable costs associated with developing and administering the gaining access into nature program;

(5) engage in public outreach programs to identify through public meetings, surveys and educational programs the interests of the public that may be best served by the gaining access into nature program;

(6) adopt such rules as it deems necessary for programs, events or other activities to properly implement the goals and the administration of the gaining access into nature program; and

(7) subject to appropriation by the legislature, expend money from the game protection fund necessary to develop and administer the gaining access into nature program, including:

(a) the reasonable costs of improving habitat and properties in order to make them suitable for the public uses intended;

(b) costs of personnel necessary to service the properties being used for the program and to provide informational and interpretive services on the properties;

(c) the reasonable costs of maintenance and repair of habitat and properties being used for public access under the provisions of this section; and

(d) costs associated with issuing permits, licenses and other authorizations for access.

D. All money collected from issuing and selling gaining access into nature permits, licenses and other authorizations for access shall be deposited in the game protection fund."

SECTION 126. Section 17-4-34 NMSA 1978 (being Laws 2005, Chapter 177, Section 2) is amended to read:

"17-4-34. HABITAT MANAGEMENT STAMP--FUND--EXPENDITURE FOR HABITAT MANAGEMENT--EXCEPTION.--

A. On and after April 1, 2006, each of the following licenses or permits shall include a habitat management stamp. The fee for a habitat management stamp shall be three dollars ($3.00). Each of the following licenses or permits shall not be considered to be a proper and valid license unless the licensee can demonstrate, by a stamp, check off or other official mark, that the fee for the habitat management stamp has been paid, provided that an individual purchaser shall be required to purchase only one stamp each license year, regardless of the number of licenses or permits purchased by that purchaser:

(1) a resident or nonresident license specified in Section 17-3-13 NMSA 1978; or

(2) a wildlife-associated recreation permit issued by the [state game commission] game and fish division of the natural resources and environment department pursuant to Section [17-1-4] 17-1-14 NMSA 1978.

B. Revenue from the sale of habitat management stamps shall be deposited in the "habitat management fund", hereby created in the state treasury. The fund shall consist of money appropriated and transferred to the fund and revenue from the sale of habitat management stamps deposited in the fund. Earnings from investment of the fund shall be credited to the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the [department of] game and fish division.

C. Upon appropriation by the legislature, money in the habitat management fund may be expended by the [state game commission] game and fish division only for the improvement, maintenance, development and operation of property for fish and wildlife habitat management.

D. A habitat management stamp shall not be required for persons under the age of eighteen."

SECTION 127. Section 17-4-35 NMSA 1978 (being Laws 2009, Chapter 38, Section 1, as amended) is amended to read:

"17-4-35. AQUATIC INVASIVE SPECIES CONTROL.--

A. Based on a determination of credible scientific evidence, the director, after consulting with the secretary of [energy, minerals and] natural resources and environment and with the concurrence of the director of the New Mexico department of agriculture, is authorized to designate:

(1) species of exotic or nonnative animals or plants as aquatic invasive species;

(2) water bodies within the state as infested waters; and

(3) specific requirements to decontaminate conveyances and equipment.

B. Prior to entering a conveyance or equipment into any water body in the state, the owner or person in control of a warning-tagged conveyance or warning-tagged equipment or a conveyance or equipment that has been in an infested water body in New Mexico or elsewhere shall:

(1) have the conveyance or equipment decontaminated by a person or entity approved by the director to effect decontamination, and only the person legally effecting the decontamination is authorized to remove a warning tag and provide certification that the conveyance or equipment is free from infestation; or

(2) have the conveyance or equipment inspected and certified as free from infestation by trained personnel prior to entering a water body or if certification or other documentation of decontamination is not available, otherwise demonstrate compliance with the decontamination requirements established by the director.

C. A law enforcement officer may impound a conveyance or equipment if the person transporting the conveyance or equipment refuses to submit to an inspection authorized by this section and the officer has reason to believe that an aquatic invasive species may be present, or if the conveyance or equipment has a warning tag affixed and the operator of the conveyance is attempting to enter a state water body and cannot provide evidence that the conveyance or equipment has been decontaminated. A law enforcement officer shall take action to prevent equipment or conveyances believed or known to contain an aquatic invasive species and warning-tagged equipment or conveyances from entering a state water body.

D. The impoundment of a conveyance or equipment may continue for a reasonable period necessary to inspect and decontaminate the conveyance or equipment.

E. Notwithstanding any provision to the contrary, no motor vehicle that is drawing a conveyance shall be impounded pursuant to this section.

F. Trained personnel may:

(1) establish, operate and maintain aquatic invasive species check stations and conduct inspections at or adjacent to the entrance to any state-controlled water body or, pursuant to a cooperative agreement, at or adjacent to any county, municipal or federally or privately controlled water body or at or adjacent to the exit point of an infested water body or at a location agreed to by the owner of the conveyance or equipment in order to inspect conveyances and equipment prior to a conveyance or equipment entering, being launched onto or being directly exposed to water bodies of the state or upon the conveyance's or equipment's departure from infested waters;

(2) affix a warning tag to equipment or a conveyance where the presence of an aquatic invasive species has been found;

(3) affix a warning tag to a conveyance or equipment upon the conveyance or equipment leaving an infested water; or

(4) affix a warning tag to a conveyance or equipment that the trained personnel have reason to believe is infested with an aquatic invasive species based on its point of origin or use.

G. Except for state, local, tribal or federal agencies and their respective agents, employees and contractors while performing their duties or contractual obligations specific to management or control of an aquatic invasive species, it is unlawful for a person to:

(1) knowingly possess, import, export, ship or transport an aquatic invasive species into, within or from the state;

(2) knowingly release, place, plant or cause to be released, placed or planted an aquatic invasive species into a water body or adjacent to a water body where it reasonably might be anticipated to be introduced into a water body that is not infested;

(3) remove a warning tag other than as provided pursuant to this section;

(4) introduce any tagged conveyance or equipment or any equipment or conveyance from which a warning tag has been unlawfully removed into a water body without first having that conveyance or equipment decontaminated and certified pursuant to the provisions of this section; or

(5) knowingly introduce into any water body a conveyance or equipment that has been exposed to an infested water body or a water body in any other state known to contain aquatic invasive species without first being decontaminated and certified pursuant to the provisions of this section.

H. Knowingly or willfully violating any provision of this section as a first offense is a petty misdemeanor. A second or subsequent violation of any provision of this section is a misdemeanor. Any violation is punishable pursuant to Section 31-19-1 NMSA 1978.

I. The director or the director's designee shall coordinate the monitoring of the water bodies of the state for the presence of aquatic invasive species, including privately controlled waters if the director has authorized access to them or has received permission to monitor them from the persons controlling access to such waters.

J. Upon determination of an infested water body in New Mexico, the director shall immediately recommend to the person in control of the infested water body actions to limit access or take other actions to prevent the potential spread of an aquatic invasive species to other water bodies.

K. The [commission] division is authorized to adopt rules pursuant to Section 17-1-26 NMSA 1978, and the secretary of [energy, minerals and] natural resources and environment is authorized to adopt rules pursuant to Section 16-2-32 NMSA 1978 as necessary to implement and enforce the provisions of this section.

L. The director may enter into cooperative agreements with any federal, state, county or municipal authority or private entity that may be in control of a water body potentially affected by aquatic invasive species.

M. As used in this section:

(1) "aquatic invasive species" means quagga mussels and zebra mussels and other exotic or nonnative aquatic animals, including invertebrates but excluding those species listed as protected in Chapter 17 NMSA 1978, or any plant or animal species whose introduction into an aquatic ecosystem is determined by the director, after consulting with the secretary of [energy, minerals and] natural resources and environment and with the concurrence of the director of the New Mexico department of agriculture, to cause or be likely to cause harm to the economy, environment or human health or safety;

[(2) "commission" means the state game commission;

(3)] (2) "conveyance" means a motor vehicle, vessel, trailer or any associated equipment or containers, including, but not limited to, live wells, fish-hauling tanks, ballast tanks, motorized skis and bilge areas that may contain or carry an aquatic invasive species or any other equipment by which aquatic invasive species may be introduced into an aquatic ecosystem;

[(4)] (3) "decontaminate" means to wash, drain, dry or otherwise treat a conveyance in accordance with guidelines established by the director in order to remove or destroy an aquatic invasive species;

[(5)] (4) "director" means the director of the [department of game and fish] division;

(5) "division" means the game and fish division of the natural resources and environment department;

(6) "equipment" means an article, a tool, an implement, a device or a piece of clothing, including boots and waders, that is capable of containing or transporting water;

(7) "infested water" means a geographic region, water body or water supply system or facility within the state that the director, after consulting with the secretary of [energy, minerals and] natural resources and environment and with the concurrence of the director of the New Mexico department of agriculture, identifies as carrying or containing an aquatic invasive species or a water body outside the state that has been identified as carrying or containing an aquatic invasive species;

(8) "inspect" means to examine a conveyance or equipment to determine whether an aquatic invasive species is present;

(9) "law enforcement officer" means a state or federal certified law enforcement officer;

(10) "trained personnel" means individuals who have successfully completed the United States fish and wildlife service's aquatic invasive species watercraft inspection and decontamination training, level I or level II, or an equivalent training recognized by the director;

(11) "warning tag" means a tag that is affixed to equipment or a conveyance upon the equipment or conveyance leaving an infested water or upon an inspection determining that the equipment or conveyance contains an aquatic invasive species that requires the equipment or conveyance to be decontaminated; and

(12) "water body" means a natural or impounded surface water, including a stream, river, spring, lake, reservoir, pond, wetland, tank or fountain."

SECTION 128. Section 17-5-3 NMSA 1978 (being Laws 1939, Chapter 178, Section 3, as amended) is amended to read:

"17-5-3. SEASONS--SPECIAL PERMITS TO TAKE ANIMALS DOING DAMAGE.--Fur-bearing animals as defined in Section 17-5-2 NMSA 1978 shall be taken only during the seasons declared by [regulation] rule of the [state game commission] game and fish division of the natural resources and environment department promulgated as provided in Section 17-5-4 NMSA 1978. The director of the division may, however, issue permits at any time for the taking of fur-bearing animals doing damage to game, private property, poultry or livestock."

SECTION 129. Section 17-5-4 NMSA 1978 (being Laws 1939, Chapter 178, Section 4, as amended) is amended to read:

"17-5-4. [STATE GAME COMMISSION] GAME AND FISH DIVISION TO ADMINISTER ACT--RULES [AND REGULATIONS].--The [state game commission] game and fish division of the natural resources and environment department is authorized and directed to administer the provisions of Sections 17-5-1 through

17-5-9 NMSA 1978 and to make such rules [and regulations] and establish such [service] services as it may deem necessary to carry out all the provisions and purposes of those sections. In making [such] rules [and regulations] and providing when and by what means fur-bearing animals may be hunted, taken, captured, possessed or killed, the [state game commission] division shall give due regard to the zones of temperatures and to the distribution, abundance, economic value and breeding habits of [such] the animals. Provided, nothing in Sections 17-5-1 through 17-5-9 NMSA 1978 shall interfere with the authority granted to the president of New Mexico state university under Sections 77-15-1 through 77-15-5 NMSA 1978 or [shall] prevent livestock producers without a permit from the taking of bobcats that are doing damage to livestock."

SECTION 130. Section 17-5-5 NMSA 1978 (being Laws 1939, Chapter 178, Section 5, as amended) is amended to read:

"17-5-5. TRAPPER'S LICENSES.--

A. No resident who has reached [his twelfth birthday] the age of twelve shall capture, trap or possess any fur-bearing animal or attempt to do so without first procuring a resident trapper's license; or, in the case of a resident who has reached [his twelfth birthday] the age of twelve but not [his eighteenth birthday] the age of eighteen, a resident junior trapper's license.

B. No nonresident shall capture, trap or possess any fur-bearing animal or skunk or coyote or attempt to do so without first procuring a nonresident trapper's license.

C. No nonresident who resides in a state that does not permit New Mexico residents to procure nonresident trapper's licenses may purchase a New Mexico nonresident trapper's license.

D. Trappers shall release all fur-bearing animals trapped during closed seasons, and resident trappers who release all fur-bearing animals during open seasons need not procure a trapper's license.

E. Trappers on official business, paid from state and federal funds and under supervision of the [department of] game and fish division of the natural resources and environment department, the New Mexico department of agriculture or the United States fish and wildlife service need not purchase a trapper's license.

F. Trapping of animals, both fur-bearing and nongame, by a resident in order to protect [his] livestock or domesticated animals or fowl shall not be subject to rules [and regulations] on trapping made pursuant to Section 17-5-4 NMSA 1978 or to licensing requirements provided in this section.

G. The [state game commission] game and fish division may by [regulation] rule require holders of trapper's licenses to use bobcat pelt tags and may specify the conditions for use of the tags."

SECTION 131. Section 17-5-8 NMSA 1978 (being Laws 1939, Chapter 178, Section 9) is amended to read:

"17-5-8. OFFICERS AUTHORIZED TO ENFORCE ACT.--All peace officers, [Port of Entry] employees of the motor transportation division of the department of public safety and [deputy game wardens] conservation officers are hereby authorized and required to cooperate fully with the [state game commission] game and fish division of the natural resources and environment department in the enforcement of [this Act] Sections 17-5-1 through 17-5-9 NMSA 1978. It shall be the duty of all [such] those persons to make searches, seizures and arrests as in the case of other misdemeanors."

SECTION 132. Section 17-6-1 NMSA 1978 (being Laws 1973, Chapter 242, Section 1) is amended to read:

"17-6-1. SHORT TITLE.--[This act] Chapter 17, Article 6 NMSA 1978 may be cited as the "Habitat Protection Act"."

SECTION 133. Section 17-6-2 NMSA 1978 (being Laws 1973, Chapter 242, Section 2) is amended to read:

"17-6-2. DEFINITIONS.--As used in the Habitat Protection Act:

A. ["commission"] "division" means the [state game commission] game and fish division of the natural resources and environment department;

B. "cross-country" means travel over the countryside other than by road;

C. "vehicle" means any motor-powered mechanical device used for conveyance; and

D. "road" means any maintained or unmaintained right of way that has been utilized by the public, and includes roads, streets, highways and state scenic, recreation or historical trails."

SECTION 134. Section 17-6-3 NMSA 1978 (being Laws 1973, Chapter 242, Section 3, as amended) is amended to read:

"17-6-3. RESTRICTIONS ON MOTOR VEHICLE USE--RECOMMENDATIONS--RULES [AND REGULATIONS].--

A. When the [commission] division determines that the operation of vehicles within a certain area is or may be damaging to wildlife reproduction, wildlife management or the wildlife habitat of the area, the [department] division, with the concurrence of the private land owner or the land management agency involved, after proper notice, shall hold public meetings in the area affected on the necessity and desirability of closing such lands to the operation of any vehicles for a stated definite period. Upon finding, after public meetings, that the use of vehicles on such lands is or may be damaging to wildlife reproduction or habitat and that it is necessary and desirable to close such lands to vehicles in order to avoid such damage, the [commission] division shall make and publish an order closing such lands to vehicle operation except on established roads that are marked by appropriate signs.

B. The [commission] division may also recommend to the appropriate land management agency or the legislature that particular areas of land be set aside or made available for recreational vehicles.

C. The [commission] division may also enter into agreements with or recommend to public land management agencies that certain areas be closed to camping during particular open hunting seasons or that camping be permitted only in designated areas during such open hunting seasons.

D. The [commission] division may enter into agreements with private landowners and land management agencies controlling areas that the [commission] division has made recommendations on pursuant to Subsection B of this section. Any such agreement shall stipulate the restrictions, prohibitions and permitted uses of vehicles in such area and the duties of the [commission] division and such private landowner or land management agency relating to the enforcement of the terms of such agreement. Agreements with private landowners may also include provisions for sharing costs of performing any of the functions as set forth in Section [53-6-7 NMSA 1953] 17-6-7 NMSA 1978.

E. The [commission] division shall adopt and file, in accordance with the State Rules Act, rules [and regulations] necessary to carry out the provisions of the Habitat Protection Act, including [regulations] rules setting out procedures for hearings and notice."

SECTION 135. Section 17-6-4 NMSA 1978 (being Laws 1973, Chapter 242, Section 4) is amended to read:

"17-6-4. NOTICES OF RESTRICTIONS--POSTING--PUBLICATION.--

A. For all areas closed to vehicles pursuant to Section [53-6-3 NMSA 1953] 17-6-3 NMSA 1978, the [commission] division shall cause notices of the restrictions, prohibitions or permitted uses of such areas to be posted prior to their effective date on the main traveled roads entering such areas and at such other locations as the [commission] division deems appropriate.

B. In addition to the public meetings required by Section [53-6-3 NMSA 1953] 17-6-3 NMSA 1978 and posted notices required by Subsection A of this section, the [commission] division shall publish a notice of such restrictions, prohibitions or permitted uses, together with a description of the area, in a newspaper of general circulation in the area of the state affected for three consecutive weeks prior to the effective date of such restrictions, prohibitions or permitted uses. Copies of the notices of restrictions, prohibitions or permitted uses together with a description or appropriate map of the area affected by the notices shall be made available to the public by the [commission] division."

SECTION 136. Section 17-6-7 NMSA 1978 (being Laws 1973, Chapter 242, Section 7) is amended to read:

"17-6-7. EXPENDITURE OF FUNDS--FUNCTIONS.--The [commission] division may expend such funds as become available from the game protection fund, state or federal grants or other sources to carry out the provisions of the Habitat Protection Act, including but not limited to:

A. investigations and surveys of actual or possible wildlife habitat damage by vehicles and the study of areas to be recommended for recreational vehicle use;

B. posting notices of restrictions, prohibitions and permitted use of vehicles;

C. providing maps and other necessary information to the public;

D. an informational and educational program on wildlife habitat preservation and restoration; or

E. the enforcement of the provisions of the Habitat Protection Act."

SECTION 137. Section 17-6-8 NMSA 1978 (being Laws 1973, Chapter 242, Section 8) is amended to read:

"17-6-8. LIMITATION OF LIABILITY ON LANDOWNERS.--No person or corporation, or their successors in interest, [who] that has granted a right of way or easement across [his] the person's land to the [commission] division for use under the Habitat Protection Act shall be liable to any user of the land for injuries suffered on [said] the right of way or

easement unless the injuries are caused by the willful or wanton misconduct of the grantor."

SECTION 138. Section 17-7-1 NMSA 1978 (being Laws 1976 (S.S.), Chapter 43, Section 1) is amended to read:

"17-7-1. SHORT TITLE.--[This act] Chapter 17, Article 7 NMSA 1978 may be cited as the "Shooting Range Fund Act"."

SECTION 139. Section 17-7-2 NMSA 1978 (being Laws 1976 (S.S.), Chapter 43, Section 2, as amended) is amended to read:

"17-7-2. FUND CREATED.--There is created in the state treasury a special fund to be known as the "shooting range fund". All money appropriated to this fund or accruing to it as a result of gift, deposit or from other sources, except interest earned on the fund [which] that shall be credited to the general fund, shall not be transferred to another fund or encumbered or disbursed in any manner except as provided in the Shooting Range Fund Act. Appropriated money in the fund shall not revert to the general fund. Money in the fund shall be used for construction or improvement of public shooting ranges pursuant to the Shooting Range Fund Act. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the [department of] game and fish division of the natural resources and environment department."

SECTION 140. Section 17-7-3 NMSA 1978 (being Laws 1976 (S.S.), Chapter 43, Section 3) is amended to read:

"17-7-3. ADMINISTRATION.--

A. The [state game commission] game and fish division of the natural resources and environment department shall administer the provisions of the Shooting Range Fund Act and shall, pursuant to the State Rules Act, adopt such rules [and regulations] as deemed necessary to carry out the provisions of the Shooting Range Fund Act.

B. Rules [and regulations] shall include:

(1) a method for the determination of a county or municipality eligibility for grants from the shooting range fund;

(2) procedures for applications, approvals and rejections of grant proposals;

(3) a requirement that a county or municipality contribute at least twenty-five percent of the cost necessary to complete a shooting range grant proposal;

(4) a requirement that one-half of the local contribution required by Paragraph (3) of this subsection is to be money;

(5) a requirement that a shooting range project shall be undertaken in accordance with specifications determined by the [department of] game and fish division. Such specifications may provide for pistol, rifle, shotgun and archery facilities; and

(6) provisions for the operation and maintenance of shooting range facilities.

C. Grants from the shooting range fund shall be awarded by the [state game commission] game and fish division only for new public shooting range construction or for improvements to existing public shooting ranges. No funds shall be approved for maintenance of shooting ranges [nor] or for shooting range renovation prior to 1980. No grant from the money appropriated to the shooting range fund shall exceed:

(1) twenty-five percent of the cost of any one project; [nor] or

(2) more than ten percent of the amount appropriated to the shooting range fund by the Shooting Range Fund Act.

D. The [state game commission] game and fish division may expend not more than five percent of the appropriated money in the shooting range fund each fiscal year for administrative purposes to carry out the provisions of the Shooting Range Fund Act."

SECTION 141. Section 25-1-2 NMSA 1978 (being Laws 1977, Chapter 309, Section 2, as amended) is amended to read:

"25-1-2. DEFINITIONS.--As used in the Food Service Sanitation Act:

A. "agency" or "division" means the natural resources and environment department [of environment];

B. "board" means the environmental improvement board;

C. "employee" means [any individual] a person employed in a food service establishment who transports food or food containers, who handles food during storage, preparation or serving, who comes in contact with any utensils or who is employed in a room in which food is stored, prepared or served;

D. "food" means any solid or liquid substance intended for human consumption by eating or drinking;

E. "general public" includes beneficiaries of governmental feeding programs and private charitable feeding programs and residents and employees of institutions that provide meals to their residents and employees either with or without direct payment to the institution by the residents or employees;

F. "temporary food service establishment" means a food service establishment that operates at a fixed location in conjunction with a single event or celebration for a short period of time not exceeding the event or celebration or not exceeding thirty days;

[G. "person" means an individual or any other legal entity;

H.] G. "food service establishment" means:

(1) any fixed or mobile place where food is served and sold for consumption on the premises;

(2) any fixed or mobile place where food is prepared for sale to or consumption by the general public either on or off the premises, including any place where food is manufactured for ultimate sale in a sealed original package, but "prepared" as used in this paragraph does not include the preparation of raw fruits, vegetables or pure honey for display and sale in a grocery store or similar operation. For purposes of this paragraph, "pure honey" means natural liquid or solid honey, extracted from the combs or in the comb, taken from beehives, with no processing or additional ingredients. "Food service establishment" does not mean a dairy establishment; and

(3) meat markets, whether or not operated in conjunction with a grocery store;

[I.] H. "utensil" means any implement used in the storage, preparation, transportation or service of food; and

[J.] I. "dairy establishment" means a milk processing or milk producing facility."

SECTION 142. Section 25-2-2 NMSA 1978 (being Laws 1951, Chapter 169, Section 2, as amended) is amended to read:

"25-2-2. DEFINITIONS.--For the purpose of the New Mexico Food Act:

A. "board" means the environmental improvement board;

B. "dairy establishment" means a milk processing or milk producing facility;

C. "division" means the natural resources and environment department [of environment];

D. "director" means the secretary of natural resources and environment or [his] the secretary's authorized representative;

E. "person" includes an individual, partnership, corporation and association;

F. "food" means:

(1) articles used for food or drink for [man] people or animals;

(2) chewing gum; and

(3) articles used for components of food or drink or chewing gum for [man] people or animals;

G. "label" means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made by or under authority of the New Mexico Food Act that any word, statement or other information appear on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper, if any, of the retail package of such article or is easily legible through the outside container or wrapper;

H. "immediate container" does not include package liners;

I. "labeling" means all labels and other written, printed or graphic matter:

(1) upon an article or any of its containers or wrappers; or

(2) accompanying such article;

J. if an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences [which] that may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual;

K. "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or [which] that are likely to induce, directly or indirectly, the purchase of food;

L. "contaminated with filth" applies to any food not securely protected from dust, dirt and, so far as may be necessary by all reasonable means, [from] all foreign or injurious contaminations, or any food found to contain any dust, dirt, foreign or injurious contamination or infestation; M. the provisions shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession and holding of any such article and the supplying or applying of any such articles in the conduct of any food establishment; and

N. "federal act" means the Federal Food Drug and Cosmetic Act, [21 USC § 301 et seq.] the Federal Meat Inspection Act [21 USC § 601 et seq.] and the federal Poultry

Products Inspection Act [21 USC § 451 et seq]."

SECTION 143. Section 25-5-1 NMSA 1978 (being Laws 1955, Chapter 244, Section 1, as amended) is amended to read:

"25-5-l. DEFINITIONS.--As used in the Flour and Bread Act, unless the context otherwise requires:

A. "flour" means foods commonly known in the milling and baking industries [as] and:

(1) includes:

(a) white flour, also known as wheat flour or plain flour;

[(2)] (b) bromated flour;

[(3)] (c) self-rising flour, also known as self-rising white flour or self-rising wheat flour; and

[(4)] (d) phosphated flour, also known as phosphated white flour or phosphated wheat flour; [but] and

(2) excludes whole wheat flour and [also excludes] special flours not used for bread, roll, bun or biscuit baking, such as specialty cake, pancake and pastry flours;

B. "white bread" means any bread made with flour as defined in Subsection A of this section, whether baked in a pan or on a hearth or screen, [which] that is commonly known or usually represented and sold as white bread, including Vienna bread, French bread and Italian bread;

C. "rolls" includes plain white rolls and buns of the semi-bread dough type, namely: soft rolls such as hamburger rolls, hot dog rolls and Parker House rolls and hard rolls such as Vienna rolls and Kaiser rolls; but [shall] "rolls" does not include yeast-raised sweet rolls or sweet buns made with fillings or coatings such as cinnamon rolls or buns and butterfly rolls;

D. "board" means the environmental improvement board;

E. "director" means the [director of the division] secretary of natural resources and environment or [his] the secretary's authorized representative;

F. "division" means the [environmental improvement division of the health] natural resources and environment department; and

G. "person" means an individual, corporation, partnership, association, joint stock company, trust or any group of persons, whether incorporated or not, engaged in the commercial manufacture or sale of flour, white bread or rolls."

SECTION 144. Section 29-4A-3 NMSA 1978 (being Laws 1995, Chapter 59, Section 3, as amended) is amended to read:

"29-4A-3. DEFINITIONS.--As used in the Peace Officers' Survivors Supplemental Benefits Act:

A. "fund" means the peace officers' survivors fund;

B. "peace officer" means any full-time salaried and commissioned or certified law enforcement officer of a police or sheriff's department or a conservation officer of the natural resources and environment department [of game and fish] as used in Chapter 17 NMSA 1978 that is part of or administered by the state or any political subdivision of the state; and

C. "secretary" means the secretary of public safety."

SECTION 145. Section 30-8-5 NMSA 1978 (being Laws 1975, Chapter 199, Section 2) is amended to read:

"30-8-5. ENFORCEMENT.--The [state game commission] game and fish division of the natural resources and environment department may designate trained employees of the [commission] division vested with police powers to enforce the provisions of Section [40A-8-4 NMSA 1953] 30-8-4 NMSA 1978. In addition, members of the state police, county sheriffs and their deputies, police officers and those employees of the state [park and recreation commission] parks division of the department vested with police powers shall enforce the provisions of that section."

SECTION 146. Section 30-8-7 NMSA 1978 (being Laws 1975, Chapter 199, Section 4) is amended to read:

"30-8-7. PUBLIC EDUCATION.--The [state game commission, the state highway] department of transportation and the state [park and recreation commission] parks division and the [environmental improvement agency] game and fish division of the natural resources and environment department are encouraged to institute public education programs through the news media in order to inform the public of the litter problem in New Mexico and of individual efforts that can be made to assist in the abatement of the problem. In addition, these agencies are authorized to work with industry organizations in a joint anti-litter campaign so that additional effect may be given to the anti-litter effort in New Mexico."

SECTION 147. Section 30-14-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 14-1, as amended) is amended to read:

"30-14-1. CRIMINAL TRESPASS.--

A. Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land. The provisions of this subsection do not apply if:

(1) the owner or person in control of the land has entered into an agreement with the [department of] game and fish division of the natural resources and environment department granting access to the land to the general public for the purpose of taking any game animals, birds or fish by hunting or fishing; or

(2) a person is in possession of a landowner license given to [him] the person by the owner or person in control of the land that grants access to that particular private land for the purpose of taking any game animals, birds or fish by hunting or fishing.

B. Criminal trespass also consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant [thereof] of the lands. Notice of no consent to enter shall be deemed sufficient notice to the public and evidence to the courts, by the posting of the property at all vehicular access entry ways.

C. Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions knowing that consent to enter or remain is denied or withdrawn by the custodian [thereof] of the lands.

D. Any person who enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, is guilty of a misdemeanor and [he] shall be liable to the owner, lessee or person in lawful possession for civil damages in an amount equal to double the value of the damage to the property injured or destroyed.

E. [Whoever] Any person who commits criminal trespass is guilty of a misdemeanor. Additionally, any person who violates the provisions of Subsection A, B or C of this section, when in connection with hunting, fishing or trapping activity, shall have [his] the person's hunting or fishing license revoked by the [state game commission] game and fish division for a period of not less than three years, pursuant to the provisions of Section 17-3-34 NMSA 1978.

F. [Whoever] Any person who knowingly removes, tampers with or destroys any "no trespass" sign is guilty of a petty misdemeanor; except when the damage to the sign amounts to more than one thousand dollars ($1,000), [he or she] the person is guilty of a misdemeanor and shall be subject to imprisonment in the county jail for a definite term less than one year or a fine not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.

G. This section, as amended, shall be published in all issues of "Big Game Hunt Proclamation" as published by the [department of] game and fish division."

SECTION 148. Section 30-32-3 NMSA 1978 (being Laws 1921, Chapter 33, Section 6, as amended) is amended to read:

"30-32-3. ARREST FOR VIOLATIONS.--All peace officers of the state, including [department of game and fish] conservation officers of the game and fish division of the natural resources and environment department, have the power to make arrests on warrant issued by any magistrate of the state for violation of any of the state forest fire laws, including Chapter 68, Article 2 NMSA 1978, rules implementing Chapter 68, Article 2 NMSA 1978 or fire restrictions issued pursuant to such rules, or without warrant for violations of those laws committed in their presence, and shall not be liable to civil action for trespass for acts done in the discharge of their duties."

SECTION 149. Section 33-13-2 NMSA 1978 (being Laws 1998, Chapter 57, Section 2) is amended to read:

"33-13-2. DEFINITIONS.--As used in the Inmate Forestry Work Camp Act:

A. "department" means the corrections department;

B. "forestry division" means the forestry division of the [energy, minerals and] natural resources and environment department;

C. "program" means the inmate forestry work camp program; and

D. "work camp" means a minimum security facility operated by the department that houses inmates training or working in the program."

SECTION 150. Section 35-7-6 NMSA 1978 (being Laws 1968, Chapter 62, Section 101) is amended to read:

"35-7-6. MAGISTRATE ADMINISTRATION--CURRENT STATUTES.--

A. Each magistrate shall obtain without cost:

(1) the volume of compiled laws relating to magistrates, along with current [pocket] supplements, from the New Mexico compilation commission;

(2) all current laws relating to motor vehicles from the [commissioner] director of the motor [vehicles] vehicle division of the taxation and revenue department;

(3) all current laws relating to game animals and fish [along with all regulations of the state game commission] from the [department of] game and fish division of the natural resources and environment department; and

(4) all current laws relating to motor carriers, along with all regulations of the [state corporation] public regulation commission relating to motor carriers, from the [state corporation] public regulation commission.

B. These materials remain the property of the state and shall be delivered by each magistrate to [his] the magistrate's successor in office or to the administrative office of the courts. Each magistrate is responsible for the care of the materials and for the cost of replacement in case of loss, damage or if not disposed of as required in this section."

SECTION 151. Section 40-5A-1 NMSA 1978 (being Laws 1995, Chapter 25, Section 1) is amended to read:

"40-5A-1. SHORT TITLE.--[This act] Chapter 40, Article 5A NMSA 1978 may be cited as the "Parental Responsibility Act"."

SECTION 152. Section 40-5A-3 NMSA 1978 (being Laws 1995, Chapter 25, Section 3, as amended) is amended to read:

"40-5A-3. DEFINITIONS.--As used in the Parental Responsibility Act:

A. "applicant" means an obligor who is applying for issuance of a license;

B. "board" means:

(1) the construction industries commission, the construction industries division and the electrical bureau, mechanical bureau and general construction bureau of the construction industries division of the regulation and licensing department;

(2) the manufactured housing committee and manufactured housing division of the regulation and licensing department;

(3) a board, commission or agency that administers a profession or occupation licensed pursuant to Chapter 61 NMSA 1978;

(4) any other state agency to which the Uniform Licensing Act is applied by law;

(5) a licensing board or other authority that issues a license, certificate, registration or permit to engage in a profession or occupation regulated in New Mexico;

(6) the [department of] game and fish division of the natural resources and environment department;

(7) the motor vehicle division of the taxation and revenue department; or

(8) the alcohol and gaming division of the regulation and licensing department;

C. "certified list" means a verified list that includes the names, social security numbers and last known addresses of obligors not in compliance;

D. "compliance" means that:

(1) an obligor is no more than thirty days in arrears in payment of amounts required to be paid pursuant to an outstanding judgment and order for support; and

(2) an obligor has, after receiving appropriate notice, complied with subpoenas or warrants relating to paternity or child support proceedings;

E. "department" means the human services department;

F. "judgment and order for support" means the judgment entered against an obligor by the district court or a tribal court in a case enforced by the department pursuant to Title IV-D of the Social Security Act;

G. "license" means a liquor license or other license, certificate, registration or permit issued by a board that a person is required to have to engage in a profession or occupation in New Mexico; "license" includes a commercial driver's license, driver's license and recreational licenses, including hunting, fishing or trapping licenses;

H. "licensee" means an obligor to whom a license has been issued; and

I. "obligor" means the person who has been ordered to pay child or spousal support pursuant to a judgment and order for support."

SECTION 153. Section 50-9-1 NMSA 1978 (being Laws 1972, Chapter 63, Section 1, as amended) is amended to read:

"50-9-1. SHORT TITLE.--[Sections 50-9-1 through 50-9-25] Chapter 50, Article 9 NMSA 1978 may be cited as the "Occupational Health and Safety Act"."

SECTION 154. Section 50-9-3 NMSA 1978 (being Laws 1972, Chapter 63, Section 3, as amended) is amended to read:

"50-9-3. DEFINITIONS.--As used in the Occupational Health and Safety Act:

A. "person" means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency or any other legal entity or their legal representatives, agents or assigns;

B. "employee" means an individual who is employed by an employer, but does not include a domestic employee or a volunteer nonsalaried firefighter;

C. "employer" means any person who has one or more employees, but does not include the United States;

D. "board" means the environmental improvement board;

E. "department" means the [department of] natural resources and environment department;

F. "place of employment" means any place, area or environment in or about which an employee is required or permitted to work;

G. "commission" means the [occupational health and safety review commission established under the Occupational Health and Safety Act] board;

H. "chemical" means any element, chemical compound or mixture of elements or compounds;

I. "hazardous chemical" means any chemical or combination of chemicals that has been labeled hazardous by the chemical manufacturer, importer or distributor in accordance with regulations promulgated by the federal Occupational Safety and Health Act of 1970;

J. "label" means any written, printed or graphic material displayed on or affixed to containers of chemicals [which] that identifies the chemical as hazardous;

K. "material safety data sheet" means written or printed material concerning a hazardous chemical that contains information on the identity listed on the label, the chemical and common names of the hazardous ingredients, the physical and health hazards, the primary route of entry, the exposure limits, any generally applicable control measures, any emergency or first aid procedures, the date of preparation and the name, address and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet;

L. "mobile work site" means any place of employment in standard industrial classification codes 13, oil and gas extraction, and 15 through 17, construction, where work is performed in a different location than the principal office in a fixed location used by the employer; and

M. "secretary" means the secretary of natural resources and environment."

SECTION 155. Section 60-2C-10 NMSA 1978 (being Laws 1989, Chapter 346, Section 10) is amended to read:

"60-2C-10. PENALTY--CRIMINAL.--

A. [Any] An individual, firm, partnership or corporation that violates [any] a provision of the Fireworks Licensing and Safety Act is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than one year, or both.

B. Nothing in the Fireworks Licensing and Safety Act shall apply to or prohibit [any] employees of the game and fish division of the natural resources and environment department [of game and fish] or the United States fish and wildlife service from possessing fireworks for control of game birds and animals or to prohibit [any] a law enforcement officer from possessing fireworks in the performance of [his] the officer's duties or to prohibit [any] a municipality or civic organization [therein] from sponsoring and conducting in connection with [any] a public celebration an officially supervised and controlled fireworks display."

SECTION 156. Section 61-14E-4 NMSA 1978 (being Laws 1983, Chapter 317, Section 4, as amended) is amended to read:

"61-14E-4. DEFINITIONS.--As used in the Medical Imaging and Radiation Therapy Health and Safety Act:

A. "advisory council" means the medical imaging and radiation therapy advisory council;

B. "board" means the environmental improvement board;

C. "certificate of limited practice" means a certificate issued pursuant to the Medical Imaging and Radiation Therapy Health and Safety Act to persons who perform restricted diagnostic radiography under direct supervision of a licensed practitioner limited to the following specific procedures:

(1) the viscera of the thorax;

(2) extremities;

(3) radiation to humans for diagnostic purposes in the practice of dentistry;

(4) axial/appendicular skeleton; or

(5) the foot, ankle or lower leg;

D. "certified nurse practitioner" means a person licensed pursuant to Section 61-3-23.2 NMSA 1978;

E. "credential" or "certification" means the recognition awarded to an individual who meets the requirements of a credentialing or certification organization;

F. "credentialing organization" or "certification organization" means a nationally recognized organization recognized by the board that issues credentials or certification through testing or evaluations that determine whether an individual meets defined standards for training and competence in a medical imaging modality;

G. "department" means the [department of] natural resources and environment department;

H. "diagnostic medical sonographer" means a person, including a vascular technologist or echocardiographer, other than a licensed practitioner, who provides patient care services using ultrasound;

I. "division" means the environmental health [division] bureau of the [department of] environmental protection division of the natural resources and environment department;

J. "ionizing radiation" means alpha particles, beta particles, gamma rays, x-rays, neutrons, high-speed electrons, high-speed protons and other particles capable of producing ions; "ionizing radiation" does not include non-ionizing radiation, such as sound waves, radio waves or microwaves, or visible, infrared or ultraviolet light;

K. "license" means a document issued by the department pursuant to the Medical Imaging and Radiation Therapy Health and Safety Act to [an individual] a person who has met the requirements of licensure;

L. "licensed practitioner" means a person licensed to practice medicine, dentistry, podiatry, chiropractic or osteopathy in this state;

M. "licensure" means a grant of authority through a license or limited license to perform specific medical imaging and radiation therapy services pursuant to the Medical Imaging and Radiation Therapy Health and Safety Act;

N. "magnetic resonance technologist" means a person other than a licensed practitioner who performs magnetic resonance procedures under the supervision of a licensed practitioner using magnetic fields and radio frequency signals;

O. "medical imaging" means the use of substances or equipment emitting ionizing or non-ionizing radiation on humans for diagnostic or interventional purposes;

P. "medical imaging modality" means:

(1) diagnostic medical sonography and all of its subspecialties;

(2) magnetic resonance imaging and all of its subspecialties;

(3) nuclear medicine technology and all of its subspecialties;

(4) radiation therapy and all of its subspecialties; and

(5) radiography and all of its subspecialties;

Q. "medical imaging professional" means a person who is a magnetic resonance technologist, radiographer, nuclear medicine technologist or diagnostic medical sonographer and who is licensed pursuant to the Medical Imaging and Radiation Therapy Health and Safety Act;

R. "non-ionizing radiation" means the optical radiations, including ultraviolet, visible, infrared and lasers, static and time-varying electric and magnetic fields and radio frequency, including microwave radiation and ultrasound;

S. "nuclear medicine technologist" means a person other than a licensed practitioner who applies radiopharmaceutical agents to humans for diagnostic or therapeutic purposes under the direction of a licensed practitioner;

T. "physician assistant" means a person licensed pursuant to Section 61-6-7 or 61-10A-4 NMSA 1978;

U. "radiation therapy" means the application of ionizing radiation to humans for therapeutic purposes;

V. "radiation therapy technologist" means a person other than a licensed practitioner whose application of radiation to humans is for therapeutic purposes;

W. "radiographer" means a person other than a licensed practitioner whose application of radiation to humans is for diagnostic purposes;

X. "radiography" means the application of radiation to humans for diagnostic purposes, including adjustment or manipulation of x-ray systems and accessories, including image receptors, positioning of patients, processing of films and any other action that materially affects the radiation dose to patients;

Y. "radiologist" means a licensed practitioner certified by the American board of radiology, the British royal college of [radiology] radiologists, the American osteopathic board of radiology or the American chiropractic board of radiology; and

Z. "radiologist assistant" means [an individual] a person licensed as a radiographer as defined in the Medical Imaging and Radiation Therapy Health and Safety Act who holds additional certification as a registered radiologist assistant by the American registry of radiologic technologists and who works under the supervision of a radiologist; provided that a radiologist assistant shall not interpret images, render diagnoses or prescribe medications or therapies."

SECTION 157. Section 61-33-2 NMSA 1978 (being Laws 1992, Chapter 44, Section 2, as amended) is amended to read:

"61-33-2. DEFINITIONS.--As used in the Utility Operators Certification Act:

A. "certified operator" means a person who is certified by the department as being qualified to operate one of the classifications of public water supply systems or public wastewater facilities;

B. "commission" means the water quality control commission;

C. "department" means the [department of] natural resources and environment department;

D. "domestic liquid waste" means human excreta and water-carried waste from typical residential plumbing fixtures and activities, including waste from toilets, sinks, bath fixtures, clothes or dishwashing machines and floor drains;

E. "domestic liquid waste treatment unit" means any system that is designed to discharge less than two thousand gallons per day and that is subject to rules promulgated by the environmental improvement board pursuant to Paragraph (3) of Subsection A of Section 74-1-8 NMSA 1978 or a watertight unit designed, constructed and installed to stabilize only domestic liquid waste and to retain solids contained in such domestic liquid waste, including septic tanks;

F. "operate" means performing any activity, function, process control decision or system integrity decision regarding water quality or water quantity that has the potential to affect the proper functioning of a public water supply system or public wastewater facility or to affect human health, public welfare or the environment;

G. "person" means any agency, department or instrumentality of the United States and any of its officers, agents or employees, the state or any agency, institution or political subdivision thereof, any public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any political subdivision or public or private corporation;

H. "public wastewater facility" means a system of structures, equipment and processes designed to collect and treat domestic and industrial waste and dispose of the effluent, but does not include:

(1) any domestic liquid waste treatment unit; or

(2) any industrial facility subject to an industrial pretreatment program regulated by the United States environmental protection agency under the requirements of the federal Clean Water Act of 1977; and

I. "public water supply system" means:

(1) a system for the provision through pipes or other constructed conveyances to the public of water for human consumption or domestic purposes if the system:

(a) has at least fifteen service connections; or

(b) regularly serves an average of at least twenty-five individuals at least sixty days of the year; and

(2) includes any water supply source and any treatment, storage and distribution facilities under control of the operator of the system."

SECTION 158. Section 66-3-1001.1 NMSA 1978 (being Laws 2005, Chapter 325, Section 1, as amended) is amended to read:

"66-3-1001.1. DEFINITIONS.--As used in the Off-Highway Motor Vehicle Act:

A. "board" means the off-highway motor vehicle advisory board;

B. "department" means the [department of] game and fish division of the natural resources and environment department;

C. "division" means the motor vehicle division of the taxation and revenue department;

D. "fund" means the trail safety fund;

E. "off-highway motor vehicle" means a motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes:

(1) "all-terrain vehicle", which means a motor vehicle fifty inches or less in width, having an unladen dry weight of one thousand pounds or less, traveling on three or more low-pressure tires and having a seat designed to be straddled by the operator and handlebar-type steering control;

(2) "off-highway motorcycle", which means a motor vehicle traveling on not more than two tires and having a seat designed to be straddled by the operator and that has handlebar-type steering control;

(3) "snowmobile", which means a motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners or low-pressure tires;

(4) "recreational off-highway vehicle", which means a motor vehicle designed for travel on four or more non-highway tires, for recreational use by one or more persons, and having:

(a) a steering wheel for steering control;

(b) non-straddle seating;

(d) gross vehicle weight rating no greater than one thousand seven hundred fifty pounds;

(e) less than eighty inches in overall width, exclusive of accessories;

(f) engine displacement of less than one thousand cubic centimeters; and

(g) identification by means of a seventeen-character vehicle identification number; or

(5) by rule of the department, any other vehicles that may enter the market that fit the general profile of vehicles operated off the highway for recreational purposes;

F. "staging area" means a parking lot, trailhead or other location to or from which an off-highway motor vehicle is transported so that it may be placed into operation or removed from operation; and

G. "unpaved public roadway" means a dirt graveled street or road that is constructed, signed and maintained for regular passenger-car use by the general public."

SECTION 159. Section 66-3-1017 NMSA 1978 (being Laws 2005, Chapter 325, Section 19, as amended) is amended to read:

"66-3-1017. OFF-HIGHWAY MOTOR VEHICLE ADVISORY BOARD CREATED--MEMBERS--COMPENSATION.--

A. The "off-highway motor vehicle advisory board" is created to advise the department on matters related to administration of the Off-Highway Motor Vehicle Act. The board shall consist of the following seven members appointed by the governor:

(1) one landowner living near a national forest or bureau of land management property that is used extensively for recreational off-highway vehicle activity;

(2) one producer or one grazing permittee on public lands from the farming or livestock industry;

(3) one person from the off-highway motor vehicle industry;

(4) one off-highway motor vehicle user;

(5) one hunter or angler;

(6) one quiet recreationalist, such as a hiker, backpacker, birdwatcher, equestrian, mountain biker, rock climber or archaeological enthusiast; and

(7) one member with expertise in injury prevention or treatment.

B. The board shall select a chair and a vice chair.

C. The board shall meet at the call of the chair but not less than twice annually.

D. Members shall be appointed to staggered terms of two years each; provided that no more than four terms expire in any one year. The board members shall select by lot four members to serve initial terms of three years each. A vacancy shall be filled by appointment of the governor for the remainder of the unexpired term. Members of the board shall not be [entitled to reimbursement pursuant to the Per Diem and Mileage Act] paid and shall not receive per diem."

SECTION 160. A new section of the Off-Highway Motor Vehicle Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The off-highway motor vehicle advisory board is terminated on July 1, 2013 pursuant to the provisions of the Sunset Act. The board shall continue to operate according to the provisions of Section 66-3-1017 NMSA 1978 until July 1, 2014. Effective July 1, 2014, Section 66-3-1017 NMSA 1978 is repealed."

SECTION 161. Section 66-12-3 NMSA 1978 (being Laws 1959, Chapter 338, Section 3, as amended) is amended to read:

"66-12-3. DEFINITIONS.--As used in the Boat Act:

A. "vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

B. "motorboat" means any vessel propelled by machinery, whether or not machinery is the principal source of propulsion, but does not include a vessel that has a valid marine document issued by the [bureau of] United States customs and border protection [of the United States government] or any federal agency successor thereto; "motorboat" includes any vessel propelled or designed to be propelled by sail and that does not have a valid document issued by a federal agency, but does not include a sailboard or windsurf board;

C. "owner" means a person, other than a lienholder, having the property in or title to a motorboat; "owner" includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but excludes a lessee under a lease not intended as security;

D. "waters of this state" means waters within the territorial limits of this state;

E. "person" means an individual, partnership, firm, corporation, association or other entity;

F. "operate" means to navigate or otherwise use a motorboat or a vessel;

G. "state agency" means any department, institution, board, bureau, commission, district or committee of the government of this state and means every office or officer of any state agency;

H. "subdivision of the state" means every county, county institution, board, bureau or commission, incorporated city, town or village, drainage, conservancy, irrigation or other district and every office or officer of any subdivision of this state;

I. "division" means the state parks division of the [energy, minerals and] natural resources and environment department;

J. "boat" means a motorboat that is ten feet in length or longer;

K. "dealer" means any person who engages in whole or in part in the business of buying, selling or exchanging new and unused motorboats or used motorboats, or both, either outright or on conditional sale, bailment, lease, chattel mortgage or otherwise and who has an established place of business for sale, trade and display of motorboats; "dealer" includes a yacht broker;

L. "lien" means every chattel mortgage, conditional sales contract, lease, purchase lease, sales lease, contract, security interest under the Uniform Commercial Code or other instrument in writing having the effect of a mortgage or lien or encumbrance upon, or intended to hold the title to any boat in the former owner, possessor or grantor;

M. "manufacturer" means any person engaged in the business of manufacturing or importing new and unused motorboats for the purpose of sale or trade;

N. "demonstration" means:

(1) the operation of a motorboat on the waters of this state for the purpose of selling, transferring, bartering, trading, negotiating or attempting to negotiate the sale or exchange of an interest in a motor boat; or

(2) the operation of a motorboat by a manufacturer for the purpose of testing the motorboat; and

O. "established place of business" means a salesroom in an enclosed building or structure that the dealer owns or leases, where the business of bartering, trading and selling of motorboats is conducted and where the books, records and files necessary to conduct the business are maintained."

SECTION 162. Section 68-2-29 NMSA 1978 (being Laws 1990, Chapter 96, Section 1) is amended to read:

"68-2-29. SHORT TITLE.--Sections [1 through 5 of this act] 68-2-29 through 68-2-33 NMSA 1978 may be cited as the "New Mexico Forest Re-Leaf Act"."

SECTION 163. Section 68-2-31 NMSA 1978 (being Laws 1990, Chapter 96, Section 3, as amended) is amended to read:

"68-2-31. DEFINITION.--As used in the New Mexico Forest Re-Leaf Act:

A. "division" means the forestry division of the [energy, minerals and] natural resources and environment department; and

B. "tree" means any living single-stemmed or multi-stemmed woody material."

SECTION 164. A new section of the New Mexico Forest Re-Leaf Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The tree planting advisory committee is terminated on July 1, 2015 pursuant to the provisions of the Sunset Act. The committee shall continue to operate according to the provisions of Section 68-2-33 NMSA 1978 until July 1, 2016. Effective July 1, 2016, Section 68-2-33 NMSA 1978 is repealed."

SECTION 165. A new section of the Mining Safety Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The mining safety board is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act. The board shall continue to operate according to the provisions of Sections 69-8-3 through 69-8-4.1 NMSA 1978 until July 1, 2018. Effective July 1, 2018, Sections 69-8-3 through

69-8-4.1 NMSA 1978 are repealed."

SECTION 166. Section 69-25A-3 NMSA 1978 (being Laws 1979, Chapter 291, Section 3, as amended) is amended to read:

"69-25A-3. DEFINITIONS.--As used in the Surface Mining Act:

A. "commission" means the [coal surface] mining commission;

B. "director", when used without further qualification, means the director of the mining and minerals division of the [energy, minerals and] natural resources and environment department or [his] the director's designee;

C. "alluvial valley floors" means the unconsolidated stream-laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas [which] that are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits by unconcentrated runoff or slope wash, together with talus, other mass movement accumulation and windblown deposits;

D. "approximate original contour" means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain with all highwalls and spoil piles eliminated; water impoundments may be permitted where the director determines that they are in compliance with Paragraph (8) of Subsection B of Section 69-25A-19 NMSA 1978;

E. "imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirement of the Surface Mining Act, in a surface coal mining and reclamation operation, which condition, practice or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not [expose himself] agree to be exposed to the danger during the time necessary for abatement;

F. "operator" means any person engaged in coal mining who removes or intends to remove more than two hundred fifty tons of coal from the earth by coal mining within twelve consecutive calendar months in any one location;

G. "other minerals" means clay, stone, sand, gravel, metalliferous and nonmetalliferous ores and any other solid material or substances of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal, and those minerals [which] that occur naturally in liquid or gaseous form;

H. "permit" means a permit to conduct surface coal mining and reclamation operations issued by the director pursuant to the Surface Mining Act;

I. "permit applicant" or "applicant" means a person applying for a permit;

J. "permit area" means the area of land indicated on the approved map submitted by the operator with [his] the operator's application, which area of land is to be covered by the operator's bond as required by Section 69-25A-13 NMSA 1978 and shall be readily identifiable by appropriate markers on the site;

K. "permittee" means a person holding a permit;

L. "person" means an individual, partnership, association, society, joint stock company, firm, company, corporation or other business organization;

M. [the term] "prime farmland" is to be defined by [regulation] rule of the commission after considering such factors as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding, erosion characteristics, history of use for intensive agricultural purposes and regulations issued by the United States secretary of agriculture;

N. "reclamation plan" means a plan submitted by an applicant for a permit [which] that sets forth a plan for reclamation of the proposed surface coal mining operations pursuant to Section 69-25A-12 NMSA 1978;

O. "surface coal mining and reclamation operations" means surface coal mining operations and all activities necessary and incident to the reclamation of those operations after the date of enactment of the Surface Mining Act;

P. "surface coal mining operations" means:

(1) activities conducted on the surface of lands in connection with a surface coal mine or activities subject to the requirements of Section 69-25A-20 NMSA 1978 relating to surface operations and surface impacts incident to an underground coal mine. The activities include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit and area mining. These activities also include uses of explosives and blasting and in situ distillation or retorting, leaching or other chemical or physical processing and the cleaning, concentrating or other processing or preparation, including loading of coal at or near the mine site. [Provided] However, [that] such activities do not include the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent of the tonnage of minerals removed for purposes of commercial use or sale or coal exploration subject to Section 69-25A-16 NMSA 1978; and

(2) the areas upon which these activities occur or where the activities disturb the natural land surface. These areas also include any adjacent land, the use of which is incidental to any of the activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of these activities and for haulage and excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities or other property or materials on the surface, resulting from or incident to these activities;

Q. "unwarranted failure to comply" means the failure of a permittee to prevent the occurrence of any violation of [his] the permittee's permit or any requirement of the Surface Mining Act due to indifference, lack of diligence or lack of reasonable care, or the failure to abate any violation of the permit or the Surface Mining Act due to indifference, lack of diligence or lack of reasonable care; and

R. "lignite coal" means consolidated lignitic coal [having] that has less than eight thousand three hundred BTUs per pound and that is moisture- and mineral-matter-free."

SECTION 167. A new section of the Surface Mining Act is enacted to read:

"[NEW MATERIAL] DUTIES OF COAL SURFACE MINING COMMISSION TO MINING COMMISSION.--Beginning July 1, 2011, the mining commission shall assume the duties of the coal surface mining commission. All rules of the coal surface mining commission shall remain in force unless the mining commission repeals or amends them."

SECTION 168. Section 69-25B-3 NMSA 1978 (being Laws 1980, Chapter 87, Section 3, as amended) is amended to read:

"69-25B-3. DEFINITIONS.--As used in the Abandoned Mine Reclamation Act:

A. "director" means the director of the mining and minerals division of the [energy, minerals and] natural resources and environment department;

B. "eligible lands and water" means land or water that was mined or that was affected by mining, wastebanks, processing or other mining processes and abandoned or left in an inadequate reclamation status and for which there is no continuing reclamation responsibility under state or federal laws;

C. "emergency" means a sudden danger or impairment that presents a high probability of substantial physical harm to health, safety or general welfare of people before the danger can be abated under normal program procedures; and

D. "fund" means the abandoned mine reclamation fund."

SECTION 169. Section 69-36-1 NMSA 1978 (being Laws 1993, Chapter 315, Section 1) is amended to read:

"69-36-1. SHORT TITLE.--[This act] Chapter 69, Article 36 NMSA 1978 may be cited as the "New Mexico Mining Act"."

SECTION 170. Section 69-36-3 NMSA 1978 (being Laws 1993, Chapter 315, Section 3) is amended to read:

"69-36-3. DEFINITIONS.--As used in the New Mexico Mining Act:

A. "affected area" means the area outside of the permit area where the land surface, surface water, ground water and air resources are [impacted] affected by mining operations within the permit area;

B. "commission" means the mining commission [established in the New Mexico Mining Act];

C. "director" means the director of the division or [his] the director's designee;

D. "division" means the mining and minerals division of the [energy, minerals and] natural resources and environment department;

E. "existing mining operation" means an extraction operation that produced marketable minerals for a total of at least two years between January 1, 1970 and [the effective date of the New Mexico Mining Act] June 18, 1993;

F. "exploration" means the act of searching for or investigating a mineral deposit, including sinking shafts, tunneling, drilling core and bore holes, digging pits, making cuts and other works for the purpose of extracting samples prior to commencement of development or extraction operations and the building of roads, access ways and other facilities related to such work; however, activities that cause no or very little surface disturbance, such as airborne surveys and photographs, use of instruments or devices that are hand carried or otherwise transported over the surface to perform magnetic, radioactive or other tests and measurements, boundary or claim surveying, location work or other work that causes no greater disturbance than is caused by ordinary lawful use of the area by persons not engaged in exploration, are excluded from the meaning of "exploration";

G. "mineral" means a nonliving commodity that is extracted from the earth for use or conversion into a [saleable] salable or usable product, but does not include clays, adobe, flagstone, potash, sand, gravel, caliche, borrow dirt, quarry rock used as aggregate for construction, coal, surface water or subsurface water, geothermal resources, oil and natural gas together with other chemicals recovered with them, commodities, byproduct materials and wastes that are regulated by the nuclear regulatory commission or waste regulated under Subtitle C of the federal Resource Conservation and Recovery Act of 1976;

H. "mining" means the process of obtaining useful minerals from the earth's crust or from previously disposed or abandoned mining wastes, including exploration, open-cut mining and surface operation, the disposal of refuse from underground and in situ mining, mineral transportation, concentrating, milling, evaporation, leaching and other processing. "Mining" does not mean the exploration and extraction of potash, sand, gravel, caliche, borrow dirt [and] or quarry rock used as aggregate in construction; the exploration and extraction of natural petroleum in a liquid or gaseous state by means of wells or pipes; the development or extraction of coal; the extraction of geothermal resources; smelting, refining, cleaning, preparation, transportation or other off-site operations not conducted on permit areas; or the extraction, processing or disposal of commodities, byproduct materials or wastes or other activities regulated by the federal nuclear regulatory commission;

I. "new mining operation" means a mining operation that engages in a development or extraction operation after [the effective date of the New Mexico Mining Act] June 18, 1993 and that is not an existing mining operation;

J. "permit area" means the geographical area defined in the permit for a new mining operation or for an existing mining operation on which mining operations are conducted or cause disturbance; and

K. "reclamation" means the employment during and after a mining operation of measures designed to mitigate the disturbance of affected areas and permit areas and, to the extent practicable, provide for the stabilization of a permit area following closure that will minimize future impact to the environment from the mining operation and protect air and water resources."

SECTION 171. Section 69-36-6 NMSA 1978 (being Laws 1993, Chapter 315, Section 6, as amended) is amended to read:

"69-36-6. MINING COMMISSION--CREATED--MEMBERS.--

A. The "mining commission" is created. The commission shall consist of seven voting members, including:

(1) the director of the bureau of geology and mineral resources of the New Mexico institute of mining and technology or [his] the director's designee;

(2) the secretary of natural resources and environment or [his] the secretary's designee;

(3) the state engineer or [his] the state engineer's designee;

(4) the commissioner of public lands or [his] the commissioner's designee;

(5) the director of the [department of] game and fish division of the natural resources and environment department or [his] the director's designee; and

(6) two members of the public and an alternate for each, all to be appointed by the governor with the advice and consent of the senate. The public members shall be chosen to represent and to balance environmental and mining interests while minimizing conflicts of interest. No more than one of the public members and one of the alternates appointed may belong to the same political party. When the initial appointments are made, one of the public members and [his] the public member's alternate will be designated to serve for two-year terms, after which all public members shall serve for four years. An alternate member may vote only in the absence of the public member for whom [he] the member is the alternate.

B. The [chairman] chair of the soil and water conservation commission, [and] the director of the agricultural experiment station of New Mexico state university and the inspector or their designees shall be nonvoting members of the commission.

C. The commission shall elect a [chairman] chair and other necessary officers and keep records of its proceedings.

D. The commission shall convene upon the call of the [chairman] chair or a majority of its members.

E. A majority of the voting members of the commission shall be a quorum for the transaction of business. However, no action of the commission shall be valid unless concurred upon by at least four of the members present.

F. No member of the commission, with the exception of one of the public members and [his] the public member's alternate, shall receive, or shall have received during the previous two years, more than ten percent of [his] that member's income directly or indirectly from permit holders or applicants for permits. Each member of the commission shall, upon acceptance of [his] appointment and prior to the performance of any [of his] duties, file a statement of disclosure with the secretary of state stating:

(1) the amount of money or other valuable consideration received, whether provided directly or indirectly, from persons subject to or who appear before the commission;

(2) the identity of the source of money or other valuable consideration; and

(3) whether the money or other valuable consideration was in excess of ten percent of [his] the member's gross personal income in either of the preceding two years.

G. No commissioner with any financial interest affected or potentially affected by a permit action may participate in proceedings related to that permit action.

H. No member, designee or alternate member of the commission shall have a direct or indirect financial interest in any underground or surface coal mining operation."

SECTION 172. Section 69-36-14 NMSA 1978 (being Laws 1993, Chapter 315, Section 14, as amended) is amended to read:

"69-36-14. CITIZENS SUITS.--

A. A person having an interest that is or may be adversely affected may commence a civil action on [his] the person's own behalf to compel compliance with the New Mexico Mining Act. Such action may be brought against:

(1) the [department of environment, the energy, minerals and] natural resources and environment department or the commission alleging a violation of the New Mexico Mining Act or of a rule, regulation, order or permit issued pursuant to that act;

(2) a person who is alleged to be in violation of a rule, regulation, order or permit issued pursuant to the New Mexico Mining Act; or

(3) the [department of environment, the energy, minerals and] natural resources and environment department or the commission alleging a failure to perform any nondiscretionary act or duty required by the New Mexico Mining Act; provided, however, that no action pursuant to this section shall be commenced if the [department of environment, the energy, minerals and] natural resources and environment department or the commission has commenced and is diligently prosecuting a civil action in a court of this state or an administrative enforcement proceeding to require compliance with that act. In an administrative or court action commenced by the [department of environment, the energy, minerals and] natural resources and environment department or the commission, a person whose interest may be adversely affected and who has provided notice pursuant to Subsection B of this section prior to the initiation of the action may intervene as a matter of right.

B. No action shall be commenced pursuant to this section prior to sixty days after the plaintiff has given written notice to the [department of environment, the energy, minerals and] natural resources and environment department, the commission, the attorney general and the alleged violator of the New Mexico Mining Act; provided, however, when the violation or order complained of constitutes an immediate threat to the health or safety of the plaintiff or would immediately and irreversibly impair a legal interest of the plaintiff, an action pursuant to this section may be brought immediately after notification of the proper parties.

C. [Except as otherwise provided herein] Suits against the [department of environment, the energy, minerals and] natural resources and environment department or the commission shall be brought in the district court of Santa Fe county. Suits [only against] in which only one or more owners or operators of one or more mining operations are named as defendants shall be brought in the district court where one of the mining operations is located. If an action is brought against the [department of environment, the energy, minerals and] natural resources and environment department or the commission and [the] an owner or operator of a mining operation, [such] the owner or operator may apply for a change of venue to the judicial district in which the mining operation is located. If not already a party, an owner or operator may intervene, upon a showing that the action relates primarily to a dispute regarding [the] a single mining operation and apply for [such] a change of venue. The district court shall grant a change of venue upon a showing that the action relates primarily to a dispute regarding the [subject] single mining operation and a showing that a forum non conveniens analysis suggests that the location of the mining operation is a superior venue.

D. In an action brought pursuant to this section, the [department of environment, the energy, minerals and] natural resources and environment department or the commission, if not a party, may intervene.

E. The court, in issuing a final order in an action brought pursuant to this section, may award costs of litigation, including attorney and expert witness fees, to a party whenever the court determines such award is appropriate. The court may, if a temporary injunction or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the rules of civil procedure."

SECTION 173. Section 69-36-19 NMSA 1978 (being Laws 1993, Chapter 315, Section 19) is amended to read:

"69-36-19. FUNDS CREATED.--

A. There is created within the state treasury the "mining act fund". All money received by the state from permit applicants, permit holders, the federal government, other state agencies or legislative appropriations shall be delivered to the state treasurer and deposited in the fund. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of [energy, minerals and] natural resources and environment. Money in the fund is appropriated to the [energy, minerals and] natural resources and environment department to carry out the purposes of the New Mexico Mining Act. Any unexpended or unencumbered balance remaining in the mining act fund at the end of a fiscal year shall not revert to the general fund but shall remain and accrue to the benefit of the mining act fund.

B. There is created within the state treasury the "inactive or abandoned non-coal mine reclamation fund". All money received from administrative or court-imposed penalties shall be delivered to the state treasurer and deposited in the general fund to the credit of the current school fund. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of [energy, minerals and] natural resources and environment. Money in the fund is appropriated to the [energy, minerals and] natural resources and environment department to conduct reclamation activities on abandoned or inactive non-coal mining areas. Any unexpended or unencumbered balance remaining in the inactive or abandoned non-coal mine reclamation fund at the end of a fiscal year shall not revert to the general fund but shall remain and accrue to the benefit of the inactive or abandoned non-coal mine reclamation fund."

SECTION 174. A new section of the New Mexico Mining Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The mining commission is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act. The commission shall continue to operate according to the provisions of Sections 69-36-6 through 69-36-9 NMSA 1978 until July 1, 2018. Effective July 1, 2018, Sections 69-36-6 through 69-36-9 NMSA 1978 are repealed."

SECTION 175. A new section of the Oil and Gas Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The oil conservation commission is terminated on July 1, 2015 pursuant to the provisions of the Sunset Act. The commission shall continue to operate according to the provisions of Sections 70-2-4 through 70-2-6 NMSA 1978 until July 1, 2016. Effective July 1, 2016, Sections 70-2-4 through 70-2-6 NMSA 1978 are repealed."

SECTION 176. Section 70-6-2 NMSA 1978 (being Laws 1963, Chapter 139, Section 2, as amended) is amended to read:

"70-6-2. DEFINITIONS.--As used in Chapter 70, Article 6 NMSA 1978:

A. "underground storage" means storage of natural gas in a subsurface stratum or formation of the earth;

B. "natural gas" means natural gas either while in its original state after withdrawal from the earth or after it has been processed by removal of component parts not essential to its use for light and fuel;

C. "native gas" means gas that has not been previously withdrawn from the earth;

D. "division" means the oil conservation division of the [energy, minerals and] natural resources and environment department;

E. "commission" means the oil conservation commission;

F. "natural gas company" means any person, firm or corporation engaged in the distribution, sale or furnishing of natural gas to or for the public and subject to regulation by the [New Mexico] public [utility] regulation commission under the Public Utility Act or any person, firm or corporation engaged in the business of transporting natural gas and subject to regulation by the federal energy regulatory commission under the federal Natural Gas Act; and

G. "public body" means the state or any department, board, commission, bureau, institution, public agency, county or political subdivision thereof, including bodies corporate, bodies politic, municipal corporations, school districts, conservancy districts and quasi-municipal corporations of all kinds."

SECTION 177. Section 70-7-3 NMSA 1978 (being Laws 1975, Chapter 293, Section 3, as amended) is amended to read:

"70-7-3. ADDITIONAL POWERS AND DUTIES OF THE OIL CONSERVATION DIVISION.--

A. As used in the Statutory Unitization Act, "division" means the oil conservation division of the natural resources and environment department.

B. Subject to the limitations of the Statutory Unitization Act, the [oil conservation] division [of the energy, minerals and natural resources department, hereinafter referred to as the "division"] is vested with jurisdiction, power and authority and it shall be its duty to make and enforce such orders and do such things as may be necessary or proper to carry out and effectuate the purposes of the Statutory Unitization Act."

SECTION 178. Section 70-11-2 NMSA 1978 (being Laws 1989, Chapter 189, Section 2) is amended to read:

"70-11-2. OFFICE CREATED--DUTIES.--[There is created] The "office of interstate natural gas markets" [to be located] is created in the [energy, minerals and] natural resources and environment department. The office shall:

A. conduct economic and legal studies of the interstate natural gas markets and of the trade policies and practices of the federal energy regulatory commission and regulatory agencies and local distributing companies lying outside New Mexico;

B. determine the impact of those practices on the economic well-being of New Mexico, especially as it relates to severance tax, royalty and general fund income of the state;

C. develop and implement marketing strategies and, if applicable, prepare legislation to promote the use of natural gas produced in New Mexico by markets in other states;

D. employ legal counsel and initiate or enter lawsuits as appropriate for the purpose of protecting and promoting the public interest in matters involving interstate natural gas markets;

E. initiate or intervene in cases before the federal energy regulatory commission, the California public utility commission and other regulatory agencies lying outside New Mexico to protect and promote the public interest of the state;

F. present two progress reports to the legislative finance committee each year; and

G. contract with state agencies and other appropriate entities and persons as may be required to carry out the purposes of [this act] Chapter 70, Article 11 NMSA 1978 and those purposes outlined in Laws 1988, Chapter 27, Section 3."

SECTION 179. Section 71-5-3 NMSA 1978 (being Laws 1975, Chapter 272, Section 3, as amended) is amended to read:

"71-5-3. DEFINITIONS.--As used in the Geothermal Resources Conservation Act:

A. "geothermal resources" means the natural heat of the earth or the energy, in whatever form, below the surface of the earth present in, resulting from, created by or [which] that may be extracted from this natural heat and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, but excluding oil, hydrocarbon gas and other hydrocarbon substances;

B. "commission" means the oil conservation commission;

C. "correlative rights" means the opportunity afforded, insofar as is practicable to do so, to the owner of each property in a geothermal reservoir to produce [his] the owner's just and equitable share of the geothermal resources within [such] the reservoir, being an amount, so far as can be practicably determined and so far as can be practicably obtained without waste, substantially in the proportion that the recoverable geothermal resources under [such] the property bear to the total recoverable geothermal resources in the reservoir and, for such purpose, to use [his] the owner's just and equitable share of the natural heat or energy in the reservoir;

D. "division" means the oil conservation division of the [energy, minerals and] natural resources and environment department;

E. "geothermal reservoir" means an underground reservoir containing geothermal resources, whether the fluids in the reservoir are native to the reservoir or flow into or are injected into the reservoir;

F. "geothermal field" means the general area [which] that is underlaid or reasonably appears to be underlaid by at least one geothermal reservoir;

G. "low-temperature thermal reservoir" means a geothermal reservoir containing low-temperature thermal water, which is defined as naturally heated water, the temperature of which is less than boiling at the altitude of occurrence, which has additional value by virtue of the heat contained therein and is found below the surface of the earth or in warm springs at the surface;

H. "person" means:

(1) any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity; or

(2) the United States or any agency or instrumentality [thereof] of the United States or the state of New Mexico or any political subdivision [thereof] of the state;

I. "well" means any well dug or drilled for the discovery or development of geothermal resources or incident to the discovery or development of geothermal resources or for the purpose of injecting or reinjecting geothermal resources or the residue [thereof] of geothermal resources or other fluids into a geothermal reservoir or any well dug or drilled for any other purpose and reactivated or converted to any of the aforesaid uses; and

J. "potash" means the naturally occurring bedded deposits of the salts of the element potassium."

SECTION 180. Section 71-6-6 NMSA 1978 (being Laws 1981, Chapter 379, Section 16, as amended) is amended to read:

"71-6-6. DEFINITIONS.--As used in the Solar Collector Standards Act:

A. "department" means the [energy, minerals and] natural resources and environment department; and

B. "solar collector" means a component that provides for the collection and transfer of incident solar energy, such transfer to be effected through a liquid or air medium primarily by mechanical means for use in water heating, space heating or cooling or other applications that normally require or would require a conventional source of energy such as petroleum products, natural gas or electricity; but "solar collector" does not include a passive system that uses structural elements of a building to provide for the collection, storage and distribution of solar energy for heating or cooling without the use of a motor-driven fan or pump."

SECTION 181. Section 71-7-4 NMSA 1978 (being Laws 2004, Chapter 55, Section 4) is amended to read:

"71-7-4. DEFINITIONS.--As used in the Advanced Energy Technologies Economic Development Act:

B. "clean energy" means alternative fuels, energy efficiency, renewable energy and fuel cells;

C. "department" means the [energy, minerals and] natural resources and environment department;

D. "energy efficiency" means the application of technology resulting in the reduced or improved use of energy;

E. "fuel cell" means equipment using an electrochemical process to generate electricity and heat;

F. "fund" means the clean energy grants fund;

G. "renewable energy" means thermal or electrical energy generated by means of a low- or zero-emissions generation technology that has substantial long-term production potential, including solar, wind, geothermal, landfill gas or biomass, but does not include fossil fuel or nuclear power; and

H. "secretary" means the secretary of [energy, minerals and] natural resources and environment."

SECTION 182. Section 72-4A-1 NMSA 1978 (being Laws 2001, Chapter 164, Section 1) is amended to read:

"72-4A-1. SHORT TITLE.--[This act] Chapter 72, Article 4A NMSA 1978 may be cited as the "Water Project Finance Act"."

SECTION 183. Section 72-4A-4 NMSA 1978 (being Laws 2001, Chapter 164, Section 4, as amended) is amended to read:

"72-4A-4. WATER TRUST BOARD CREATED.--

A. The "water trust board" is created. The board is composed of the following [sixteen] fifteen members:

(1) the state engineer or the state engineer's designee;

(2) the secretary of finance and administration or the secretary's designee;

(3) the executive director of the New Mexico finance authority or the executive director's designee;

(4) the secretary of natural resources and environment or the secretary's designee;

[(5) the secretary of energy, minerals and natural resources or the secretary's designee;

(6)] (5) the director of the [department of] game and fish division of the natural resources and environment department or the director's designee;

[(7)] (6) the director of the New Mexico department of agriculture or the director's designee;

[(8)] (7) the executive director of the New Mexico municipal league or the executive director's designee;

[(9)] (8) the executive director of the New Mexico association of counties or the executive director's designee;

[(10)] (9) five public members appointed by the governor and confirmed by the senate and who represent:

(a) the environmental community;

(b) an irrigation or conservancy district that uses surface water;

(d) acequia water users; and

(e) soil and water conservation districts;

[(11)] (10) one public member appointed by the Indian affairs commission; and

[(12)] (11) the president of the Navajo Nation or the president's designee.

B. The chair of the board shall be elected by a quorum of the board members. The board shall meet at the call of the chair or whenever three members submit a request in writing to the chair, but not less often than once each calendar year. A majority of members constitutes a quorum for the transaction of business. The affirmative vote of at least a majority of a quorum present shall be necessary for an action to be taken by the board.

C. Each public member of the board appointed by the governor shall be appointed to a four-year term. To provide for staggered terms, two of the initially governor-appointed public members shall be appointed for terms of two years and three members for terms of four years. Thereafter, all governor-appointed members shall be appointed for four-year terms. Vacancies shall be filled by appointment by the governor for the remainder of the unexpired term.

D. Public members of the board shall be reimbursed for attending meetings of the board as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

E. Public members of the board are appointed public officials of the state while carrying out their duties and activities under the Water Project Finance Act."

SECTION 184. Section 74-1-3 NMSA 1978 (being Laws 1971, Chapter 277, Section 3, as amended) is amended to read:

"74-l-3. DEFINITIONS.--As used in the Environmental Improvement Act:

A. "board" means the environmental improvement board;

B. "department" or "environmental improvement department" means the [department of] natural resources and environment department;

C. "on-site liquid waste system" means a liquid waste system, or part thereof, serving a dwelling, establishment or group, and using a liquid waste treatment unit designed to receive liquid waste followed by either a soil treatment or other type of disposal system. "On-site liquid waste system" includes holding tanks and privies but does not include systems or facilities designed to receive or treat mine or mill tailings or wastes;

D. "person" means the state or any agency, institution or political subdivision thereof, any public or private corporation, individual, partnership, association or other entity and includes any officer or governing or managing body of any political subdivision or public or private corporation;

E. "residential on-site liquid waste system" means an on-site liquid waste system serving up to four dwelling units; and

F. "secretary" means the secretary of natural resources and environment."

SECTION 185. Section 74-1-7 NMSA 1978 (being Laws 1971, Chapter 277, Section 10, as amended by Laws 2000, Chapter 86, Section 1 and also by Laws 2000, Chapter 96, Section 1) is amended to read:

"74-1-7. DEPARTMENT--DUTIES.--

A. The department is responsible for environmental management and consumer protection programs. In that respect, the department shall maintain, develop and enforce rules and standards in the following areas:

(1) food protection;

(2) water supply, including implementing a capacity development program to assist water systems in acquiring and maintaining technical, managerial and financial capacity in accordance with Section 1420 of the federal Safe Drinking Water Act and establishing administrative penalties for enforcement;

(3) liquid waste, including exclusive authority to collect on-site liquid waste system fees that are no more than the average charged by the contiguous states to New Mexico for similar permits and services and to implement and administer an inspection and permitting program for on-site liquid waste systems;

(4) air quality management as provided in the Air Quality Control Act;

(5) radiation control and collection of license, registration and other related fees as provided in the Radiation Protection Act;

(6) noise control;

(7) nuisance abatement;

(8) vector control;

(9) occupational health and safety as provided in the Occupational Health and Safety Act;

(10) sanitation of public swimming pools and public baths;

(11) plumbing, drainage, ventilation and sanitation of public buildings in the interest of public health;

(12) medical radiation, health and safety certification and standards for [radiologic technologists] medical imaging professionals and radiation therapists as provided in the Medical Imaging and Radiation Therapy Health and Safety Act;

(13) hazardous wastes and underground storage tanks as provided in the Hazardous Waste Act; [and]

(14) solid waste as provided in the Solid Waste Act; and

(15) any other area assigned by law.

B. Nothing in Subsection A of this section imposes requirements for the approval of subdivision plats in addition to those required elsewhere by law. Nothing in Subsection A of this section preempts the authority of any political subdivision to approve subdivision plats."

SECTION 186. Section 74-1-8 NMSA 1978 (being Laws 1971, Chapter 277, Section 11, as amended by Laws 2000, Chapter 86, Section 2 and also by Laws 2000, Chapter 96, Section 2) is amended to read:

"74-1-8. BOARD--DUTIES.--

A. The board is responsible for environmental management and consumer protection. In that respect, the board shall promulgate rules and standards in the following areas:

(1) food protection;

(2) water supply, including a capacity development program to assist water systems in acquiring and maintaining technical, managerial and financial capacity in accordance with Section 1420 of the federal Safe Drinking Water Act and rules authorizing imposition of administrative penalties for enforcement;

(3) liquid waste, including exclusive authority to establish on-site liquid waste system fees that are no more than the average charged by the contiguous states to New Mexico for similar permits and services and to implement and administer an inspection and permitting program for on-site liquid waste systems;

(4) air quality management as provided in the Air Quality Control Act;

(5) radiation control and establishment of license and registration and other related fees not to exceed fees charged by the United States nuclear regulatory commission for similar licenses as provided in the Radiation Protection Act;

(6) noise control;

(7) nuisance abatement;

(8) vector control;

(9) occupational health and safety as provided in the Occupational Health and Safety Act;

(10) sanitation of public swimming pools and public baths;

(11) plumbing, drainage, ventilation and sanitation of public buildings in the interest of public health;

(13) hazardous wastes and underground storage tanks as provided in the Hazardous Waste Act; [and]

(14) solid waste as provided in the Solid Waste Act; and

(15) any other area assigned by law.

C. Administrative penalties collected pursuant to Paragraph (2) of Subsection A of this section shall be deposited in the [water conservation] general fund to the credit of the current school fund.

D. On-site liquid waste system fees shall be deposited in the liquid waste fund.

[D.] E. Radiation license and registration and other related fees shall be deposited in the radiation protection fund."

SECTION 187. Section 74-1-10 NMSA 1978 (being Laws 1973, Chapter 340, Section 8, as amended) is amended to read:

"74-1-10. PENALTY.--

A. A person who violates any [regulation] rule of the board is guilty of a petty misdemeanor. This section does not apply to any [regulation] rule for which a criminal penalty is otherwise provided by law.

B. Whenever, on the basis of any information, the secretary determines that a person has violated, is violating or threatens to violate any provision of Paragraph (2) or (3) of Subsection A of Section 74-1-8 NMSA 1978 or any rule [regulation] or permit condition adopted and promulgated thereunder, the secretary may:

(1) issue a compliance order stating with reasonable specificity the nature of the violation or threatened violation, requiring compliance immediately or within a specified time period and assessing a civil penalty for any past or current violation, or both; or

(2) commence a civil action in district court for appropriate relief, including a temporary or permanent injunction.

C. An order issued pursuant to Subsection B of this section may include suspension or revocation of any permit issued by the department. Any penalty assessed in the order, except for residential on-site liquid waste systems, shall not exceed one thousand dollars ($1,000) for each violation. Any penalty assessed in the order for a residential on-site liquid waste system shall not exceed one hundred dollars ($100) for each violation. A penalty imposed for violation of drinking water regulations 20 NMAC 7.1 or permit conditions shall not exceed one thousand dollars ($1,000) per violation per day. In assessing the penalty, the secretary shall take into account the seriousness of the violation and any good-faith efforts to comply with the applicable requirements.

D. If a violator fails to take corrective actions within the time specified in the compliance order, the secretary shall:

(1) assess civil penalties of not more than one thousand dollars ($1,000) for each noncompliance with the order; and

(2) suspend or revoke any permit issued to the violator pursuant to Paragraph (3) of Subsection A of Section 74-1-8 NMSA 1978.

E. An order issued pursuant to this section shall become final unless, no later than thirty days after the order is served, the person named in the order submits a written request to the secretary for a hearing. Upon such a request, the secretary shall conduct a hearing. The secretary shall appoint an independent hearing officer to preside over the hearing. The hearing officer shall make and preserve a complete record of the proceedings and forward [his] the hearing officer's recommendation based on the record to the secretary, who shall make the final decision.

F. In connection with any proceeding pursuant to this section, the secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents and may adopt and promulgate rules for discovery procedures.

G. Penalties collected pursuant to violations of rules, regulations or permit conditions adopted pursuant to Paragraph (3) of Subsection A of Section 74-1-8 NMSA 1978 shall be deposited in the state treasury to be credited to the general fund.

H. Penalties collected pursuant to violations of drinking water regulations 20 NMAC 7.1 or permit conditions pursuant to Paragraph (2) of Subsection A of Section 74-1-8 NMSA 1978 shall be deposited in the [state treasury to the credit of the water conservation] general fund for credit to the current school fund."

SECTION 188. Section 74-2-2 NMSA 1978 (being Laws 1967, Chapter 277, Section 2, as amended) is amended to read:

"74-2-2. DEFINITIONS.--As used in the Air Quality Control Act:

A. "air contaminant" means a substance, including any particulate matter, fly ash, dust, fumes, gas, mist, smoke, vapor, micro-organisms, radioactive material, any combination thereof or any decay or reaction product thereof;

B. "air pollution" means the emission, except emission that occurs in nature, into the outdoor atmosphere of one or more air contaminants in quantities and of a duration that may with reasonable probability injure human health or animal or plant life or as may unreasonably interfere with the public welfare, visibility or the reasonable use of property;

C. "department" means the [department of] natural resources and environment department;

D. "director" means the administrative head of a local agency;

E. "emission limitation" or "emission standard" means a requirement established by the environmental improvement board or the local board, the department, the local authority or the local agency or pursuant to the federal act that limits the quantity, rate or concentration, or combination thereof, of emissions of air contaminants on a continuous basis, including any requirements relating to the operation or maintenance of a source to assure continuous reduction;

F. "federal act" means the federal Clean Air Act, its subsequent amendments and successor provisions;

G. "federal standard of performance" means a standard of performance, emission limitation or emission standard adopted pursuant to 42 U.S.C. Section 7411 or 7412;

H. "hazardous air pollutant" means an air contaminant that has been listed as a hazardous air pollutant pursuant to the federal act;

I. "local agency" means the administrative agency established by a local authority pursuant to Paragraph (2) of Subsection A of Section 74-2-4 NMSA 1978;

J. "local authority" means any of the following political subdivisions of the state that have, by following the procedure set forth in Subsection A of Section 74-2-4 NMSA 1978, assumed jurisdiction for local administration and enforcement of the Air Quality Control Act:

(1) a county that was a class A county as of January 1, 1980; or

(2) a municipality with a population greater than one hundred thousand located within a county that was a class A county as of January 1, 1980;

K. "local board" means a municipal, county or joint air quality control board created by a local authority;

L. "mandatory class I area" means any of the following areas in this state that were in existence on August 7, 1977:

(1) national wilderness areas that exceed five thousand acres in size; and

(2) national parks that exceed six thousand acres in size;

M. "modification" means a physical change in, or change in the method of operation of, a source that results in an increase in the potential emission rate of a regulated air contaminant emitted by the source or that results in the emission of a regulated air contaminant not previously emitted, but does not include:

(1) a change in ownership of the source;

(2) routine maintenance, repair or replacement;

(3) installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the environmental improvement board or the local board or pursuant to the federal act; or

(4) unless previously limited by enforceable permit conditions:

(a) an increase in the production rate, if such increase does not exceed the operating design capacity of the source;

(b) an increase in the hours of operation; or

(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material or if use of an alternate fuel or raw material is caused by a natural gas curtailment or emergency allocation or [an other] another lack of supply of natural gas;

N. "nonattainment area" means for an air contaminant an area that is designated "nonattainment" with respect to that contaminant within the meaning of Section 107(d) of the federal act;

O. "person" includes an individual, partnership, corporation, association, the state or political subdivision of the state and any agency, department or instrumentality of the United States and any of their officers, agents or employees;

P. "potential emission rate" means the emission rate of a source at its maximum capacity to emit a regulated air contaminant under its physical and operational design, provided any physical or operational limitation on the capacity of the source to emit a regulated air contaminant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its physical and operational design only if the limitation or the effect it would have on emissions is enforceable by the department or the local agency pursuant to the Air Quality Control Act or the federal act;

Q. "regulated air contaminant" means an air contaminant, the emission or ambient concentration of which is regulated pursuant to the Air Quality Control Act or the federal act;

R. "secretary" means the secretary of natural resources and environment;

S. "significant deterioration" means an increase in the ambient concentrations of an air contaminant above the levels allowed by the federal act or federal regulations for that air contaminant in the area within which the increase occurs;

T. "source" means a structure, building, equipment, facility, installation or operation that emits or may emit an air contaminant;

U. "standard of performance" means a requirement of continuous emission reduction, including any requirement relating to operation or maintenance of a source to assure continuous emission reduction;

V. "state implementation plan" means a plan submitted by New Mexico to the federal environmental protection agency pursuant to 42 U.S.C. Section 7410; and

W. "toxic air pollutant" means an air contaminant, except a hazardous air pollutant, classified by the environmental improvement board or the local board as a toxic air pollutant."

SECTION 189. Section 74-3-4 NMSA 1978 (being Laws 1971, Chapter 284, Section 4, as amended) is amended to read:

"74-3-4. DEFINITIONS.--As used in the Radiation Protection Act:

A. "board" means the environmental improvement board;

B. "agency" or "division" means the environmental protection division of the [department of] natural resources and environment department;

C. "council" means the radiation technical advisory council;

D. "radiation" includes particulate and electromagnetic radiation and ultrasound, but does not include audible sound;

E. "radioactive material" includes any materials or sources, regardless of chemical or physical state, that emit radiation;

F. "radiation equipment" means any device that is capable of producing radiation;

G. "agreement state" means any state with which the nuclear regulatory commission has entered into an agreement under Section 274(b) of the federal Atomic Energy Act of 1954, as amended;

H. "person" means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or its legal representatives, agents or assigns;

I. "continued care fund" means the radiation protection continued care fund;

J. "director" means the director of the division;

K. "nuclear regulatory commission" means the United States nuclear regulatory commission; and

L. "secretary" means the secretary of natural resources and environment."

SECTION 190. Section 74-4-3 NMSA 1978 (being Laws 1977, Chapter 313, Section 3, as amended) is amended to read:

"74-4-3. DEFINITIONS.--As used in the Hazardous Waste Act:

A. "above ground storage tank" means a single tank or combination of tanks, including underground pipes connected thereto, that are used to contain petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure of sixty degrees Fahrenheit and fourteen and seven-tenths pounds per square inch absolute, and the volume of which is more than ninety percent above the surface of the ground. "Above ground storage tank" does not include any:

(1) farm, ranch or residential tank used for storing motor fuel for noncommercial purposes;

(2) pipeline facility, including gathering lines, regulated under the federal Natural Gas Pipeline Safety Act of 1968 or the federal Hazardous Liquid Pipeline Safety Act of 1979 or that is an intrastate pipeline facility regulated under state laws comparable to either act;

(3) surface impoundment, pit, pond or lagoon;

(4) storm water or wastewater collection system;

(5) flow-through process tank;

(6) liquid trap, tank or associated gathering lines or other storage methods or devices related to oil, gas or mining exploration, production, transportation, refining, processing or storage, or to oil field service industry operations;

(7) tank used for storing heating oil for consumptive use on the premises where stored;

(8) pipes connected to any tank that is described in Paragraphs (1) through (7) of this subsection; or

(9) tanks or related pipelines and facilities owned or used by a refinery, natural gas processing plant or pipeline company in the regular course of [their] its refining, processing or pipeline business;

B. "board" means the environmental improvement board;

C. "corrective action" means an action taken in accordance with rules of the board to investigate, minimize, eliminate or clean up a release to protect the public health, safety and welfare or the environment;

D. "director" or "secretary" means the secretary of natural resources and environment;

E. "disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters;

F. "division" or "department" means the [department of] natural resources and environment department;

G. "federal agency" means any department, agency or other instrumentality of the federal government and any independent agency or establishment of that government, including any government corporation and the government printing office;

H. "generator" means any person producing hazardous waste;

I. "hazardous agricultural waste" means hazardous waste generated as part of the licensed activity by any person licensed pursuant to the Pesticide Control Act or hazardous waste designated as hazardous agricultural waste by the board, but does not include animal excrement in connection with farm, ranch or feedlot operations;

J. "hazardous substance incident" means any emergency incident involving a chemical or chemicals, including but not limited to transportation wrecks, accidental spills or leaks, fires or explosions, which incident creates the reasonable probability of injury to human health or property;

K. "hazardous waste" means any solid waste or combination of solid wastes that because of their quantity, concentration or physical, chemical or infectious characteristics may:

(1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. "Hazardous waste" does not include any of the following, until the board determines that they are subject to Subtitle C of the federal Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901 et seq.:

(a) drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil or natural gas or geothermal energy;

(b) fly ash waste;

(d) slag waste;

(e) flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels;

(f) solid waste from the extraction, beneficiation or processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore; or

(g) cement kiln dust waste;

L. "manifest" means the form used for identifying the quantity, composition, origin, routing and destination of hazardous waste during transportation from point of generation to point of disposal, treatment or storage;

M. "person" means an individual, trust, firm, joint stock company, federal agency, corporation, including a government corporation, partnership, association, state, municipality, commission, political subdivision of a state or any interstate body;

N. "regulated substance" means:

(1) a substance defined in Section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not including a substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976, as amended; and

(2) petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure of sixty degrees Fahrenheit and fourteen and seven-tenths pounds per square inch absolute;

O. "solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended, 86 Stat. 880, or source, special nuclear or byproduct material as defined by the federal Atomic Energy Act of 1954, as amended, 68 Stat. 923;

P. "storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste;

Q. "storage tank" means an above ground storage tank or an underground storage tank;

R. "tank installer" means any individual who installs or repairs a storage tank;

S. "transporter" means a person engaged in the movement of hazardous waste, not including movement at the site of generation, disposal, treatment or storage;

T. "treatment" means any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous waste so as to neutralize the waste or so as to render the waste nonhazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume. "Treatment" includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous;

U. "underground storage tank" means a single tank or combination of tanks, including underground pipes connected thereto, that [are] is used to contain an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground. "Underground storage tank" does not include any:

(1) farm, ranch or residential tank of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes;

(2) septic tank;

(3) pipeline facility, including gathering lines, that is regulated under the federal Natural Gas Pipeline Safety Act of 1968 or the federal Hazardous Liquid Pipeline Safety Act of 1979 or that is an intrastate pipeline facility regulated under state laws comparable to either act;

(4) surface impoundment, pit, pond or lagoon;

(5) storm water or wastewater collection system;

(6) flow-through process tank;

(7) liquid trap, tank or associated gathering lines directly related to oil or gas production and gathering operations;

(8) storage tank situated in an underground area, such as a basement, cellar, mineworking drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the undesignated floor;

(9) tank used for storing heating oil for consumptive use on the premises where stored;

(10) tank exempted by rule of the board after finding that the type of tank is adequately regulated under another federal or state law; or

(11) pipes connected to any tank that is described in Paragraphs (1) through (10) of this subsection; and

V. "used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities."

SECTION 191. Section 74-4C-3 NMSA 1978 (being Laws 1985 (1st S.S.), Chapter 4, Section 3) is amended to read:

"74-4C-3. DEFINITIONS.--As used in the Hazardous Waste Feasibility Study Act:

A. "committee" means the radioactive and hazardous materials committee;

B. "division" means the environmental [improvement] protection division of the [health] natural resources and environment department;

C. "hazardous waste" means garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility or other discarded material, including solid, liquid or semisolid material or containing gaseous material resulting from industrial, commercial, mining or agricultural operations, other than waste pesticides disposed of by a farmer pursuant to Section 74-4-3.1 NMSA 1978, or from community activities [which] that, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. [The term] "Hazardous waste" does not include solid or dissolved material in domestic sewage, or animal excrement in connection with farm, ranch or feedlot operations, or solid or dissolved materials in irrigation return flows or industrial discharges [which] that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended, as the provisions exist on January 1, 1981; or source, special or byproduct material as defined in the Atomic Energy Act of 1954, as amended, as these definitions exist on January 1, 1981; or any of the following, until the environmental improvement board determines that they are subject to Subtitle C of the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6921 et seq.): drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil or natural gas or geothermal energy; any fly ash waste, bottom ash waste, slag waste or flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; solid waste from the extraction, beneficiation or processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore; cement kiln dust waste; or pesticide waste disposed of by any farmer from [his] the farmer's own use, provided that [he] the farmer triple rinses each emptied pesticide container and disposes of the pesticide residues on [his] the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label; and

D. "hazardous waste activity" means the generation, treatment, storage, transportation or disposal of hazardous waste."

SECTION 192. Section 74-4G-3 NMSA 1978 (being Laws 1997, Chapter 38, Section 3) is amended to read:

"74-4G-3. DEFINITIONS.--As used in the Voluntary Remediation Act:

A. "applicable standards" means federal, state or local standards, requirements, criteria or limitations that are legally applicable to the facility;

B. "applicant" means a person that elects to submit an application to participate and enter into an agreement under the Voluntary Remediation Act;

C. "contaminant" means the following substances within the jurisdiction of the department:

(1) solid waste;

(2) hazardous waste as defined in 20 NMAC 4.1.200;

(3) an RCRA hazardous waste constituent listed in Appendices VIII and IX in 20 NMAC 4.1.200;

(4) any substance that could alter, if discharged or spilled, the physical, chemical, biological or radiological qualities of water; or

(5) a hazardous substance, as defined by Section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 and 40 C.F.R. Part 302, Table 302.4;

D. "department" means the [department of] natural resources and environment department;

E. "enforcement action" means:

(1) a written notice from the department or other state agency that requires abatement of contamination under 20 NMAC 6.2;

(2) a written order from the department or other state agency that requires or involves the removal or remediation of contaminants;

(3) a judicial action by the department or other state agency seeking the abatement of contamination or the remediation of contaminants; or

(4) a notice, order or judicial action similar to those enumerated in Paragraphs (1) through (3) of this subsection, but initiated by the federal government;

F. "fraud" means the knowingly false representation, whether by words or conduct and whether by inaccurate or misleading allegations or by concealment of that which should have been disclosed, that is intended to deceive or circumvent the intent of this statute;

G. "participant" means an applicant that has been approved by the department as eligible for and that signs and performs an agreement pursuant to the provisions of the Voluntary Remediation Act;

H. "person" means an individual or any other entity, including partnerships, corporations, associations, responsible business or association agents or officers, the state or a political subdivision of the state or any agency, department or instrumentality of the United States and any of its officers, agents or employees;

I. "release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, including abandonment or discarding of any contaminant;

J. "remediation" means:

(1) actions necessary to investigate, prevent, minimize or mitigate damages to the public health or to the environment that may otherwise result from a release or threat of release; and

(2) the cleanup or removal of released contaminants to conform with applicable standards;

K. "site" means a parcel of real property for which an application has been submitted pursuant to the provisions of Section [5 of the Voluntary Remediation Act] 74-4G-5 NMSA 1978; and

L. "voluntary remediation" means remediation taken [under and] in compliance with the Voluntary Remediation Act."

SECTION 193. Section 74-6-2 NMSA 1978 (being Laws 1967, Chapter 190, Section 2, as amended) is amended to read:

"74-6-2. DEFINITIONS.--As used in the Water Quality Act:

A. "gray water" means untreated household wastewater that has not come in contact with toilet waste and includes wastewater from bathtubs, showers, washbasins, clothes washing machines and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers or laundry water from the washing of material soiled with human excreta, such as diapers;

B. "water contaminant" means any substance that could alter, if discharged or spilled, the physical, chemical, biological or radiological qualities of water. "Water contaminant" does not mean source, special nuclear or by-product material as defined by the federal Atomic Energy Act of 1954;

C. "water pollution" means introducing or permitting the introduction into water, either directly or indirectly, of one or more water contaminants in such quantity and of such duration as may with reasonable probability injure human health, animal or plant life or property, or to unreasonably interfere with the public welfare or the use of property;

D. "wastes" means sewage, industrial wastes or any other liquid, gaseous or solid substance that may pollute any waters of the state;

E. "sewer system" means pipelines, conduits, pumping stations, force mains or any other structures, devices, appurtenances or facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal;

F. "treatment works" means any plant or other works used for the purpose of treating, stabilizing or holding wastes;

G. "sewerage system" means a system for disposing of wastes, either by surface or underground methods, and includes sewer systems, treatment works, disposal wells and other systems;

H. "water" means all water, including water situated wholly or partly within or bordering upon the state, whether surface or subsurface, public or private, except private waters that do not combine with other surface or subsurface water;

I. "person" means an individual or any other entity, including partnerships, corporations, associations, responsible business or association agents or officers, the state or a political subdivision of the state or any agency, department or instrumentality of the United States and any of its officers, agents or employees;

J. "commission" means the water quality control commission;

K. "constituent agency" means, as the context may require, any or all of the following agencies of the state:

(1) the [department of] natural resources and environment department;

(2) the state engineer and the interstate stream commission;

(3) the [department of] game and fish division of the natural resources and environment department;

(4) the oil conservation commission;

(5) the state parks division of the [energy, minerals and] natural resources and environment department;

(6) the New Mexico department of agriculture;

(7) the soil and water conservation commission; and

(8) the bureau of geology and mineral resources at the New Mexico institute of mining and technology;

L. "new source" means:

(1) any source, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance applicable to the source; or

(2) any existing source when modified to treat substantial additional volumes or when there is a substantial change in the character of water contaminants treated;

M. "source" means a building, structure, facility or installation from which there is or may be a discharge of water contaminants directly or indirectly into water;

N. "septage" means the residual wastes and water periodically pumped from a liquid waste treatment unit or from a holding tank for maintenance or disposal purposes;

O. "sludge" means solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility that is associated with the treatment of these wastes. "Sludge" does not mean treated effluent from a wastewater treatment plant;

P. "substantial adverse environmental impact" means that an act or omission of the violator causes harm or damage:

(1) to human beings; or

(2) that amounts to more than ten thousand dollars ($10,000) damage or mitigation costs to flora, including agriculture crops; fish or other aquatic life; waterfowl or other birds; livestock or wildlife or damage to their habitats; ground water or surface water; or the lands of the state;

Q. "federal act" means the Federal Water Pollution Control Act, its subsequent amendment and successor provisions; and

R. "standards of performance" means any standard, effluent limitation or effluent standard adopted pursuant to the federal act or the Water Quality Act."

SECTION 194. Section 74-6-3 NMSA 1978 (being Laws 1967, Chapter 190, Section 3, as amended) is amended to read:

"74-6-3. WATER QUALITY CONTROL COMMISSION CREATED.--

A. [There is created] The "water quality control commission" is created, consisting of:

(1) the secretary of natural resources and environment or a member of the secretary's staff designated by the secretary;

(2) the secretary of health or a member of the secretary's staff designated by the secretary;

(3) the director of the [department of] game and fish division of the natural resources and environment department or a member of the director's staff designated by the director;

(4) the state engineer or a member of the state engineer's staff designated by the state engineer;

(5) the chair of the oil conservation commission or a member of the chair's staff designated by the chair;

(6) the director of the state parks division of the [energy, minerals and] natural resources and environment department or a member of the director's staff designated by the director;

(7) the director of the New Mexico department of agriculture or a member of the director's staff designated by the director;

(8) the chair of the soil and water conservation commission or a soil and water conservation district supervisor designated by the chair;

(9) the director of the bureau of geology and mineral resources at the New Mexico institute of mining and technology or a member of the director's staff designated by the director;

(10) a municipal or county government representative; and

(11) four representatives of the public to be appointed by the governor for terms of four years and who shall be compensated from the budgeted funds of the natural resources and environment department [of environment] in accordance with the provisions of the Per Diem and Mileage Act. At least one member appointed by the governor shall be a member of a New Mexico Indian tribe or pueblo.

B. A member of the commission shall not receive, or shall not have received during the previous two years, a significant portion of the member's income directly or indirectly from permit holders or applicants for a permit. A member of the commission shall, upon the acceptance of the member's appointment and prior to the performance of any of the member's duties, file a statement of disclosure with the secretary of state disclosing any amount of money or other valuable consideration, and its source, the value of which is in excess of ten percent of the member's gross personal income in each of the preceding two years, that the member received directly or indirectly from permit holders or applicants for permits required under the Water Quality Act. A member of the commission shall not participate in the consideration of an appeal if the subject of the appeal is an application filed or a permit held by an entity that either employs the commission member or from which the commission member received more than ten percent of the member's gross personal income in either of the preceding two years.

C. The commission shall elect a chair and other necessary officers and shall keep a record of its proceedings.

D. A majority of the commission constitutes a quorum for the transaction of business, but no action of the commission is valid unless concurred in by six or more members present at a meeting.

E. The commission is the state water pollution control agency for this state for all purposes of the federal act and the wellhead protection and sole source aquifer programs of the federal Safe Drinking Water Act of 1974 and may take all action necessary and appropriate to secure to this state, its political subdivisions or interstate agencies the benefits of that act and those programs.

F. The commission is administratively attached, as defined in the Executive Reorganization Act, to the [department of] natural resources and environment department."

SECTION 195. Section 74-6A-3 NMSA 1978 (being Laws 1986, Chapter 72, Section 3, as amended) is amended to read:

"74-6A-3. DEFINITIONS.--As used in the Wastewater Facility Construction Loan Act:

A. "administrative fee" means a fee assessed and collected by the department from a local authority on each loan and expressed as a percentage per year on the outstanding principal amount of the loan, payable by the borrower on the same date that principal and interest on the loan are due, for deposit in the clean water administrative fund;

B. "commission" means the water quality control commission;

C. "division" or "department" means the [department of] natural resources and environment department;

D. "financial assistance" means loans, the purchase or refinancing of existing local political subdivision obligations, loan guarantees, credit enhancement techniques to reduce interest on loans and bonds, bond insurance and bond guarantees or any combination of these purposes;

E. "fund" means the wastewater facility construction loan fund;

F. "local authority" means any municipality, county, incorporated county, sanitation district, water and sanitation district or any similar district, recognized Indian tribe or other issuing agency created pursuant to a joint powers agreement acting on behalf of any entity listed in this subsection;

G. "operate and maintain" means to perform all necessary activities, including replacement of equipment or appurtenances, to ensure the dependable and economical function of a wastewater facility in accordance with its intended purpose;

H. "wastewater facility" means a publicly owned system for treating or disposing of sewage or wastes either by surface or underground methods, including any equipment, plant, treatment works, structure, machinery, apparatus or land, in any combination, that is acquired, used, constructed or operated for the storage, collection, reduction, recycling, reclamation, disposal, separation or treatment of water or wastes or for the final disposal of residues resulting from the treatment of water or wastes, such as pumping and ventilating stations, facilities, plants and works, outfall sewers, interceptor sewers and collector sewers and other real or personal property and appurtenances incident to their use or operation. "Wastewater facility" also includes a nonpoint source water pollution control project as eligible under the Clean Water Act;

I. "account" means the wastewater suspense account;

J. "board" means the state board of finance;

K. "bonds" means wastewater bonds or other obligations authorized by the commission to be issued by the board pursuant to the Wastewater Facility Construction Loan Act;

L. "Clean Water Act" means the federal Clean Water Act of 1977 and its subsequent amendments or successor provisions;

M. "federal securities" means direct obligations of the United States, or obligations the principal and interest of which are unconditionally guaranteed by the United States, or an ownership interest in either of the foregoing;

N. "force account construction" means construction performed by the employees of a local authority rather than through a contractor;

O. "holders" means persons who are owners of bonds, whether registered or not, issued pursuant to the Wastewater Facility Construction Loan Act;

P. "issuing resolution" means a formal statement adopted by the board to issue bonds pursuant to the Wastewater Facility Construction Loan Act, including any trust agreement, trust indenture or similar instrument providing terms and conditions for the bonds to be issued; and

Q. "recommending resolution" means a formal statement adopted by the commission recommending to the board that bonds be issued pursuant to the Wastewater Facility Construction Loan Act, including any trust agreement, trust indenture or similar instrument providing the terms and conditions for the bonds that are issued."

SECTION 196. Section 74-6B-3 NMSA 1978 (being Laws 1990, Chapter 124, Section 3, as amended) is amended to read:

"74-6B-3. DEFINITIONS.--As used in the Ground Water Protection Act:

A. "above ground storage tank" means a single tank or a combination of tanks, including underground pipes connected thereto, that [are] is used to contain petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure of sixty degrees Fahrenheit and fourteen and seven-tenths pounds per square inch absolute, and the volume of which is more than ninety percent above the surface of the ground. The term does not include any:

(1) farm, ranch or residential tank used for storing motor fuel for noncommercial purposes;

(2) pipeline facility, including gathering lines, that [are] is regulated under the federal Natural Gas Pipeline Safety Act of 1968 or the federal Hazardous Liquid Pipeline Safety Act of 1979 or that is an intrastate pipeline facility regulated under state laws comparable to either act;

(3) surface impoundment, pit, pond or lagoon;

(4) storm water or wastewater collection system;

(5) flow-through process tank;

(7) tank used for storing heating oil for consumptive use on the premises where stored;

(8) [pipes] pipe connected to any tank that is described in Paragraphs (1) through (7) of this subsection; or

(9) [tanks] tank or related [pipelines] pipeline and [facilities] facility owned or used by a refinery, natural gas processing plant or pipeline company in the regular course of [their] its refining, processing or pipeline business;

B. "board" means the environmental improvement board;

D. "department" means the [department of] natural resources and environment department;

E. "operator" means any person in control of or having responsibility for the daily operation of a storage tank;

F. "owner":

(1) means:

(a) in the case of a storage tank in use or brought into use on or after November 8, 1984, a person who owns a storage tank used for storage, use or dispensing of regulated substances; and

(b) in the case of a storage tank in use before November 8, 1984 but no longer in use after that date, a person who owned the tank immediately before the discontinuation of its use; and

(2) excludes, for purposes of tank registration requirements only, a person who:

(a) had an underground storage tank taken out of operation on or before January 1, 1974;

(b) had an underground storage tank taken out of operation after January 1, 1974 and removed from the ground prior to November 8, 1984; or

G. "person" means an individual or any legal entity, including all governmental entities;

H. "regulated substance" means:

(1) a substance defined in Section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, but not including a substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976; and

(2) petroleum, including crude oil or a fraction thereof, that is liquid at standard conditions of temperature and pressure of sixty degrees Fahrenheit and fourteen and seven-tenths pounds per square inch absolute;

I. "release" means a spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank into ground water, surface water or subsurface soils in amounts exceeding twenty-five gallons;

J. "secretary" means the secretary of natural resources and environment;

K. "site" means a place where there is or was at a previous time one or more storage tanks and may include areas contiguous to the actual location or previous location of the tanks;

L. "storage tank" means an above ground storage tank or an underground storage tank; and

M. "underground storage tank" means a single tank or combination of tanks, including underground pipes connected thereto, that [are] is used to contain an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground. The term does not include any:

(1) farm, ranch or residential tank of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes;

(2) septic tank;

(4) surface impoundment, pit, pond or lagoon;

(5) storm water or wastewater collection system;

(6) flow-through process tank;

(7) liquid trap, tank or associated gathering lines directly related to oil or gas production and gathering operations;

(8) storage tank situated in an underground area, such as a basement, cellar, mineworking drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the undesignated floor;

(9) tank used for storing heating oil for consumptive use on the premises where stored;

(10) tank exempted by rule of the board after finding that the type of tank is adequately regulated under another federal or state law; or

(11) [pipes] pipe connected to any tank that is described in Paragraphs (1) through (10) of this subsection."

SECTION 197. Section 74-7-3 NMSA 1978 (being Laws 1983, Chapter 29, Section 3) is amended to read:

"74-7-3. DEFINITIONS.--As used in the Environmental Compliance Act:

A. "board" means the environmental improvement board;

B. "director" means the director of the division;

C. "division" means the environmental [improvement] protection division of the [health] natural resources and environment department;

D. "environmental audit" means a systematic assessment, analysis and evaluation by a regulated entity of its compliance with environmental laws and [regulations] rules administered by the board and the division, applicable to its operation; and

E. "regulated entity" means any person, partnership, corporation, firm, association, governmental or other entity organized and engaging in any business or activity in the state [which] that deals with or has an impact on the environment of this state or [which] that must by law comply with federal or state environmental protection [regulations] rules."

SECTION 198. Section 74-9-3 NMSA 1978 (being Laws 1990, Chapter 99, Section 3) is amended to read:

"74-9-3. DEFINITIONS.--As used in the Solid Waste Act:

A. "agricultural" means all methods of production and management of livestock, crops, vegetation and soil. This includes, but is not limited to, raising, harvesting and marketing. It also includes, but is not limited to, the activities of feeding, housing and maintaining animals such as cattle, dairy cows, sheep, goats, hogs, horses and poultry;

B. "board" means the environmental improvement board;

C. "commercial hauler" means any person transporting solid waste for hire by whatever means for the purpose of disposing of the solid waste in a solid waste facility, except that [the term] "commercial hauler" does not include an individual transporting solid waste generated on or from [his] the person's residential premises for the purpose of disposing of it in a solid waste facility;

D. "construction and demolition debris" means materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing materials, pipe, gypsum wallboard and lumber from the construction or destruction of a structure as part of a construction or demolition project, and includes rocks, soil, tree remains, trees and other vegetative matter that normally results from land clearing or land development operations for a construction project, but if construction and demolition debris is mixed with any other types of solid waste, whether or not originating from the construction project, it loses its classification as construction and demolition debris;

E. "densified-refuse-derived fuel" means a product resulting from the processing of mixed municipal solid waste in a manner that produces a fuel suitable for combustion in existing or new solid-fuel-fired boilers;

F. "director" means the director of the [environmental improvement] division [of the health and environment department];

G. "division" means the environmental [improvement] protection division of the [health] natural resources and environment department;

H. "municipality" means any incorporated city, town or village, whether incorporated under general act, special act or special charter, incorporated counties and H class counties;

I. "person" means an individual or any entity, including federal, state and local governmental entities, however organized;

J. "plan" or "state plan" means the solid waste management plan required to be developed under Section [4 of the Solid Waste Act] 74-9-4 NMSA 1978;

K. "program" or "state program" means the comprehensive state solid waste management program described in Section [12 of the Solid Waste Act] 74-9-12 NMSA 1978;

L. "recyclable materials" means materials that would otherwise become solid waste if not recycled and that can be collected, separated or processed and placed in use in the form of raw materials, products or densified-refuse-derived fuels;

M. "recycling" means any process by which recyclable materials are collected, separated or processed and reused or returned to use in the form of raw materials or products;

N. "solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities. "Solid waste" does not include:

(1) drilling fluids, produced waters and other nondomestic wastes associated with the exploration, development or production, transportation, storage, treatment or refinement of crude oil, natural gas, carbon dioxide gas or geothermal energy;

(2) fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels and wastes produced in conjunction with the combustion of fossil fuels that are necessarily associated with the production of energy and that traditionally have been and actually are mixed with and are disposed of or treated at the same time with fly ash, bottom ash, boiler slag or flue gas emission control wastes from coal combustion;

(3) waste from the extraction, beneficiation and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore, coal, copper, molybdenum and other ores and minerals;

(4) agricultural waste, including, but not limited to, manures and crop residues returned to the soil as fertilizer or soil conditioner;

(5) cement kiln dust waste;

(6) sand and gravel;

(7) solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1342 or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, 42 U.S.C. Section 2011 et seq.;

(8) densified-refuse-derived fuel; or

(9) any material regulated by Subtitle C of the federal Resource Conservation and Recovery Act of 1976, substances regulated by the federal Toxic Substances Control Act or low-level radioactive waste;

O. "solid waste district" means a geographical area designated by the board as a solid waste district under Section [11 of the Solid Waste Act] 74-9-11 NMSA 1978;

P. "solid waste facility" means any public or private system, facility, location, improvements on the land, structures or other appurtenances or methods used for processing, transformation, recycling or disposal of solid waste, including landfill disposal facilities, transfer stations, resource recovery facilities, incinerators and other similar facilities not specified, but does not include equipment specifically approved by order of the director to render medical waste noninfectious or a facility [which] that is permitted pursuant to the provisions of the Hazardous Waste Act and does not apply to a facility fueled by a densified-refuse-derived fuel that accepts no other solid waste;

Q. "source reduction" means any action that causes a net reduction in the generation, volume or toxicity of solid waste;

R. "special waste" means solid waste that has unique handling, transportation or disposal requirements to assure protection of the environment and the public health and safety;

S. "transformation" means incineration, pyrolysis, distillation, gasification or biological conversion other than composting; and

T. "yard refuse" means vegetative matter resulting from landscaping, land maintenance and land clearing operations."

SECTION 199. Section 74-13-3 NMSA 1978 (being Laws 2005, Chapter 171, Section 3) is amended to read:

"74-13-3. DEFINITIONS.--As used in the Recycling and Illegal Dumping Act:

A. "abatement" means to reduce in amount, degree or intensity or to eliminate;

B. "agricultural use" means the beneficial use of scrap tires in conjunction with the operations of a farm or ranch that includes construction projects and aids in the storage of feed;

C. "alliance" means the recycling and illegal dumping alliance;

D. "board" means the environmental improvement board;

E. "civil engineering application" means the use of scrap tires or other recycled material in conjunction with other aggregate materials in engineering applications;

F. "composting" means the process by which biological decomposition of organic material is carried out under controlled conditions and the process stabilizes the organic fraction into a material that can be easily and safely stored, handled and used in an environmentally acceptable manner;

G. "cooperative association" means a refuse disposal district created pursuant to the Refuse Disposal Act, a sanitation district created pursuant to the Water and Sanitation District Act, a special district created pursuant to the Special District Procedures Act or other associations created pursuant to the Joint Powers Agreements Act or the Solid Waste Authority Act;

H. "department" means the natural resources and environment department [of environment];

I. "dispose" means to deposit scrap tires or solid waste into or on any land or water;

J. "household" means any single and multiple residence, hotel or motel, bunkhouse, ranger station, crew quarters, campground, picnic ground or day-use recreation area;

K. "illegal dumping" means disposal of trash, scrap tires or any solid waste in a manner that violates the Solid Waste Act or the Recycling and Illegal Dumping Act;

L. "illegal dumpsite" means a place where illegal dumping has occurred except as stated in Subsection A of Section [4 of the Recycling and Illegal Dumping Act] 74-13-4 NMSA 1978;

M. "market development" means activities to expand or create markets for recyclable and reusable materials;

N. "motor vehicle" means a vehicle or device that is propelled by an internal combustion engine or electric motor power that is used or may be used on the public highways for the purpose of transporting persons or property and includes any connected trailer or semitrailer;

O. "processing" means techniques to change physical, chemical or biological character or composition of solid waste but does not include composting, transformation or open burning;

P. "recycling" means any process by which recyclable materials are collected, separated or processed and reused or returned to use in the form of raw materials or products;

Q. "reuse" means the return of a commodity into the economic stream without a change to its original form;

R. "scrap tire" means a tire that is no longer suitable for its originally intended purpose because of wear, damage or defect;

S. "scrap tire baling" means the process by which scrap tires are mechanically compressed and bound into block form;

T. "scrap tire generator" means a person who generates scrap tires, including retail tire dealers, retreaders, scrap tire processors, automobile dealers, automobile salvage yards, private company vehicle maintenance shops, garages, service stations and city, county and state government, but does not include persons who generate scrap tires in a household or in agricultural operations;

U. "scrap tire hauler" means a person who transports scrap tires for hire for the purpose of recycling, disposal, transformation or use in a civil engineering application;

V. "secretary" means the secretary of natural resources and environment;

W. "tire" means a continuous solid or pneumatic rubber covering that encircles the wheel of a motor vehicle;

X. "tire-derived fuel" means whole or chipped tires that produce a low sulfur, high-heating-value fuel;

Y. "tire-derived product" means a usable product produced from the processing of a scrap tire but does not include baled tires;

Z. "tire recycling" means a process in which scrap tires are collected, stored, separated or reprocessed for reuse as a different product or shredded into a form suitable for use in rubberized asphalt or as raw material for the manufacture of other products; and

AA. "tire recycling facility" means a place operated or maintained for tire recycling but does not include:

(1) retail business premises where tires are sold, if no more than five hundred loose scrap tires or two thousand scrap tires, if left in a closed conveyance or enclosure, are kept on the premises at one time;

(2) the premises of a tire retreading business, if no more than three thousand scrap tires are kept on the premises at one time;

(3) premises where tires are removed from motor vehicles in the ordinary course of business, if no more than five hundred scrap tires are kept on the premises at one time;

(4) a solid waste facility having a valid permit or registration issued pursuant to the provisions of the Solid Waste Act or regulations adopted pursuant to that act or registration issued pursuant to the Environmental Improvement Act; or

(5) a site where tires are stored or used for agricultural uses."

SECTION 200. Section 75-1-2 NMSA 1978 (being Laws 1973, Chapter 333, Section 2, as amended) is amended to read:

"75-1-2. DEFINITIONS.--As used in the Rural Infrastructure Act:

A. "department" means the natural resources and environment department [of environment];

B. "fund" means the rural infrastructure revolving loan fund;

C. "local authority" means a mutual domestic association or water and sanitation district that supplies water, wastewater or solid waste services to, or a municipality that has, a population of less than twenty thousand or a county with a population of less than two hundred thousand;

D. "operate and maintain" means all necessary activities, including replacement of equipment or appurtenances to assure the dependable and economical function of a facility in accordance with its intended purpose;

E. "secretary" means the secretary of natural resources and environment;

F. "solid waste facility" includes transfer and convenience facilities, landfills or other equipment or systems used for the processing, transformation, recycling or disposal of solid waste;

G. "wastewater facility" includes collection lines, pumping equipment, treatment works and disposal piping or process units; and

H. "water supply facility" includes the source of supply of water, pumping equipment, storage facilities, transmission lines, treatment works and distribution systems."

SECTION 201. Section 75-5-1 NMSA 1978 (being Laws 1987, Chapter 192, Section 1, as amended) is amended to read:

"75-5-1. SHORT TITLE.--[Sections 1 through 6 of this act] Chapter 75, Article 5 NMSA 1978 may be cited as the "Natural Lands Protection Act"."

SECTION 202. Section 75-5-3 NMSA 1978 (being Laws 1987, Chapter 192, Section 3, as amended) is amended to read:

"75-5-3. DEFINITIONS.--As used in the Natural Lands Protection Act:

A. ["committee" means the natural lands protection committee] "department" means the natural resources and environment department;

B. "unique and ecologically significant lands" are lands [which] that:

(1) afford habitat for species listed as rare, threatened or endangered by the state or federal government; and

(2) are identified by the [natural resources] department as constituting the best remaining examples of native ecological communities that are otherwise unprotected; and

C. "corporation" means a New Mexico not-for-profit corporation whose primary purpose is the preservation and conservation of lands."

SECTION 203. Section 75-5-4 NMSA 1978 (being Laws 1987, Chapter 192, Section 4, as amended) is amended to read:

"75-5-4. ADMINISTRATION OF THE ACT.--

A. The Natural Lands Protection Act shall be administered by the secretary of natural resources and environment in consultation with [a committee consisting of the secretary of natural resources, who shall serve as chairman of the committee] the director of the [department of] game and fish division of the department, the commissioner of public lands and the director of the New Mexico department of agriculture [and three public members appointed by the governor, one of whom shall represent the ranching or farming industry].

B. The secretary of natural resources and environment shall [present a list of projects to the committee based on priorities generated by the natural resources department.

C. The committee shall] recommend lands to be acquired under the provisions of the Natural Lands Protection Act and, subject to appropriation for such purpose by the legislature, pay the state's share of acquisitions. No land shall be acquired unless a corporation jointly acquires the land with the state. A corporation [must] shall participate in acquiring a minimum of at least ten percent undivided interest in the land or the state cannot participate in the acquisition. Title to lands acquired shall be held as cotenants having undivided interests in proportion to the state's and the corporation's share of the acquisition and shall be held in the name of the state [of New Mexico] and the corporation.

[D.] C. Priority among projects qualified under the Natural Lands Protection Act shall be determined in descending order as follows:

(1) the degree to which the lands in question are subject to the threat of immediate alteration or destruction;

(2) the degree to which ecosystems in question are unduplicated elsewhere; and

(3) usefulness for teaching and research."

SECTION 204. Section 75-5-5 NMSA 1978 (being Laws 1987, Chapter 192, Section 5) is amended to read:

"75-5-5. MANAGEMENT.--

A. The purposes of management shall be for education, research and preservation, provided that no use of the lands acquired under the Natural Lands Protection Act shall compromise or endanger the natural attributes for which they were acquired.

B. The secretary of natural resources and environment may assign responsibility for management of lands acquired under the Natural Lands Protection Act to the corporation [which] that jointly owns the land.

C. The corporation shall be required to develop and submit to the secretary of natural resources and environment for review a plan for the management of lands for which [they are] it is responsible. The secretary [of natural resources, in consultation with the committee, will] shall review these plans to insure compliance with the purposes of the Natural Lands Protection Act.

D. Lands adjacent to the land acquired under the Natural Lands Protection Act shall not be subjected to any regulation or restriction as a result of such [acquisition] acquisition.

E. Access to the land by the general public may be restricted to visits conducted under the direct supervision of an employee or designated representative of the managing corporation.

F. The corporation shall annually pay to the state and its political subdivisions a sum equal to an amount which would have been paid in taxes, levies and assessments. This payment shall be in lieu of such taxes, levies and assessments."

SECTION 205. Section 75-7-2 NMSA 1978 (being Laws 1993, Chapter 292, Section 2, as amended) is amended to read:

"75-7-2. NATURAL RESOURCES TRUSTEE--OFFICE OF NATURAL RESOURCES TRUSTEE.--[A.] The "natural resources trustee" is created. The [trustee is appointed by and serves at the pleasure of the governor] secretary of natural resources and environment shall serve as the natural resources trustee pursuant to the provisions of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the federal Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act and any other applicable federal law. The natural resources trustee shall act on behalf of the public as trustee of natural resources within the state or belonging to, managed by, controlled by or appertaining to the state, including protecting and representing the state's interest under applicable federal laws regarding injury to, destruction of or loss of natural resources in the state.

[B. The "office of natural resources trustee" is created. The office shall be administratively attached to the department of environment. The administrative head of the office of natural resources trustee is the natural resources trustee. For purposes of this subsection, the term "administratively attached" means the same as specified in Section 9-1-7 NMSA 1978.]"

SECTION 206. Section 75-7-3 NMSA 1978 (being Laws 1993, Chapter 292, Section 3, as amended) is amended to read:

"75-7-3. NATURAL RESOURCES TRUSTEE POWERS AND DUTIES.--

A. The natural resources trustee shall take all actions necessary to carry out the responsibilities of the natural resources trustee as provided in the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the federal Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act and any other applicable federal law, including the responsibility to:

(1) act on behalf of the public to protect New Mexico's natural resources by recovering damages for injury to, destruction of or loss of those resources;

(2) investigate injury to, destruction of or loss of natural resources;

(3) determine the amount and cause of injury to, destruction of or loss of natural resources;

(4) determine the liability of any person for injury to, destruction of or loss of natural resources;

(5) assess and collect damages for injury to, destruction of or loss of natural resources, including bringing legal actions and collecting the costs of assessing and collecting the damages; and

(6) expend money for the purposes set forth in the Natural Resources Trustee Act.

B. The natural resources trustee may:

(1) hire staff, in accordance with the Personnel Act, to carry out the provisions of the Natural Resources Trustee Act;

(2) contract with economists, consultants and other experts; and

(3) accept gifts and grants to carry out the provisions of the Natural Resources Trustee Act. Gifts and grants accepted by the natural resources trustee shall be deposited in the natural resources trustee fund. C. The attorney general shall provide legal counsel and representation to the natural resources trustee [and the office of the natural resources trustee]."

SECTION 207. Section 75-7-5 NMSA 1978 (being Laws 1993, Chapter 292, Section 5, as amended) is amended to read:

"75-7-5. NATURAL RESOURCES TRUSTEE FUND.--

A. The "natural resources trustee fund" is created in the state treasury. Money appropriated to the fund or accruing to it through gifts, grants, fees, penalties, bequests or any other source shall be delivered to the state treasurer and deposited in the fund. Money recovered for the state by or on behalf of the natural resources trustee shall be deposited in the natural resources trustee fund. The fund shall be administered by the natural resources trustee as a separate account and may consist of subaccounts that the natural resources trustee deems necessary to carry out the purposes of the fund. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the natural resources trustee or the trustee's designated representative. Money in the fund shall not revert to the general fund at the end of a fiscal year.

B. Pursuant to the following criteria, money in the natural resources trustee fund shall be used to carry out the provisions of the Natural Resources Trustee Act by restoring, replacing or acquiring natural resources in an area where natural resources have been injured, destroyed or lost, provided that money deposited in the fund because of injury to, destruction of or loss of natural resources in an area shall be disbursed to restore, replace or acquire natural resources in that same area:

(1) if an expenditure from the fund is necessary to comply with a court order or court-approved settlement or to match federal funds, then, pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, the natural resources trustee may request a budget increase and, if approved, the amount of the expenditure is appropriated;

(2) if money is received for reimbursement of assessment costs, then the natural resources trustee may expend money for injury assessment, and money is appropriated in that amount for that purpose; and

(3) any other expenditures from the fund shall be made only pursuant to appropriation by the legislature.

C. In addition to expenditures made pursuant to Subsection B of this section, money shall be appropriated annually by the legislature from the general fund for the purpose of providing for necessary personnel and other costs of the natural resources trustee and the attorney general [and the office of natural resources trustee] in carrying out the provisions of the Natural Resources Trustee Act, including the cost of investigation, assessment, collection or enforcement.

D. For purposes of this section, "assessment

costs" means the costs of restoration and the costs of collecting, compiling and analyzing information, statistics or data to determine damages for injuries to natural resources pursuant to the Natural Resources Trustee Act.

E. Money in the natural resources trustee fund

shall be invested as other state funds are invested, and interest and earnings from the fund shall not revert to the general fund but shall be credited to the natural resources trustee fund."

SECTION 208. Section 75-10-1 NMSA 1978 (being Laws 2010, Chapter 83, Section 1) is amended to read:

"75-10-1. SHORT TITLE.--[This act] Chapter 75, Article 10 NMSA 1978 may be cited as the "Natural Heritage Conservation Act"."

SECTION 209. Section 75-10-3 NMSA 1978 (being Laws 2010, Chapter 83, Section 3) is amended to read:

"75-10-3. DEFINITIONS.--As used in the Natural Heritage Conservation Act:

[A. "committee" means the natural lands protection committee;

B.] A. "conservation entity" means a private nonprofit charitable corporation or trust authorized to do business in New Mexico that has tax-exempt status as a public charity pursuant to the federal Internal Revenue Code of 1986 and that has the power to acquire, hold or maintain land or interests in land;

[C.] B. "conservation project" means the acquisition of conservation or agricultural easements from a willing seller or a land restoration project;

[D.] C. "department" means the [energy, minerals and] natural resources and environment department;

[E.] D. "fund" means the natural heritage conservation fund; and

[F.] E. "qualified entity" means a state agency, a state educational institution named in Article 12, Section 11 of the constitution of New Mexico, a political subdivision of the state or, for conservation projects wholly within New Mexico, an Indian tribe or pueblo."

SECTION 210. Section 75-10-6 NMSA 1978 (being Laws 2010, Chapter 83, Section 6) is amended to read:

"75-10-6. CONSERVATION PROJECTS--PROCEDURES.--

A. All conservation projects shall be maintained to protect the public health and welfare and shall be for:

(1) preserving and conserving water quality and quantity;

(2) protecting agricultural production on working farms, ranches and other agricultural lands;

(3) protecting and restoring New Mexico's forests and watersheds;

(4) conserving wildlife habitat;

(5) maintaining natural areas;

(6) providing outdoor recreation opportunities, including hunting and fishing; or

(7) preserving cultural and historic sites with natural resource heritage value.

B. The department, working with [the committee] landowners, conservationists and other interested persons, shall establish criteria for evaluating possible conservation projects. Criteria shall include:

(1) the degree to which the conservation project serves the purposes of the Natural Heritage Conservation Act;

(2) the amount of matching financial support for the conservation project from sources other than the state;

(3) the technical qualifications of the applicant and its ability to complete and maintain the proposed conservation project;

(4) the degree to which the conservation project fosters and integrates with existing conservation plans, strategies and initiatives;

(5) the potential for benefits at landscape and ecosystem scale;

(6) the potential for improved public access for outdoor recreation opportunities, including hunting and fishing;

(7) the potential for economic benefits of the completed conservation project; and

(8) other measurements and requirements required by the department [and the committee.

C. The committee shall receive applications for conservation projects and shall evaluate them against the department's criteria. The committee may reject any incomplete applications or applications that do not meet the established criteria. After review, the committee shall make its recommendations on all evaluated conservation projects to the department]."

SECTION 211. Section 75-10-9 NMSA 1978 (being Laws 2010, Chapter 83, Section 9) is amended to read:

"75-10-9. ANNUAL REPORT TO THE GOVERNOR AND THE LEGISLATURE.--The department [and the committee] shall report annually to the governor and the legislature on the status of applications and funded conservation projects."

SECTION 212. TEMPORARY PROVISION--TRANSFERS--CONTRACTUAL OBLIGATIONS--STATUTORY REFERENCES.--

A. On the effective date of this act, all functions, personnel, appropriations, money, records, furniture, equipment and other property of the following agencies shall be transferred to the natural resources and environment department:

(1) the energy, minerals and natural resources department;

(2) the department of environment; and

(3) the natural resources trustee.

B. On the effective date of this act, all functions, personnel, appropriations, money, records, furniture, equipment and other property of the:

(1) occupational health and safety review commission shall be transferred to the environmental improvement board; and

(2) coal surface mining commission shall be transferred to the mining commission.

C. On the effective date of this act, all functions, personnel, appropriations, money, records, furniture, equipment and other property, including interests in land, minerals and water rights, of the department of game and fish and the state game commission shall be transferred to the game and fish division of the natural resources and environment department.

D. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment and other property of the natural lands protection committee shall be transferred to the natural resources and environment department.

E. On the effective date of this act, all contractual obligations of the:

(1) energy, minerals and natural resources department, the department of environment and the natural resources trustee shall be binding on the natural resources and environment department;

(2) occupational health and safety review commission shall be binding on the environmental improvement board;

(3) coal surface mining commission shall be binding on the mining commission;

(4) department of game and fish and the state game commission shall be binding on the natural resources and environment department; and

(5) natural lands protection committee shall be binding on the natural resources and environment department.

F. On the effective date of this act, all references in law to the:

(1) energy, minerals and natural resources department and the department of environment shall be deemed to be references to the natural resources and environment department;

(2) natural resources trustee shall be deemed to be references to the secretary of natural resources and environment;

(3) department of game and fish shall be deemed to be references in law to the game and fish division of the natural resources and environment department, and all references in law to the director of the department of game and fish shall be deemed to be references to the director of the game and fish division of the natural resources and environment department;

(4) state game commission shall be deemed to be references in law to the game and fish division of the natural resources and environment department;

(5) occupational health and safety review commission shall be deemed to be references to the environmental improvement board; and

(6) coal surface mining commission shall be deemed to be references to the mining commission.

G. The rules of any transferred agency shall remain in effect until repealed or amended by the natural resources and environment department.

SECTION 213. REPEAL.--

A. Sections 9-5A-1 through 9-5A-10 NMSA 1978 (being Laws 1987, Chapter 234, Sections 1 through 6, Laws 1997, Chapter 149, Section 3, Laws 1987, Chapter 234, Section 7, Laws 1992, Chapter 58, Section 8, Laws 2003, Chapter 129, Section 1 and Laws 2003, Chapter 133, Section 1, as amended) are repealed.

B. Sections 9-7A-1 through 9-7A-15 NMSA 1978 (being Laws 1991, Chapter 25, Sections 1 through 12, Laws 1977, Chapter 253, Sections 77 and 78 and Laws 2003, Chapter 99, Section 1, as amended) are repealed.

C. Sections 17-1-2 through 17-1-4, 17-1-6, 17-1-15,

17-2-5, 17-3-25, 69-25A-36 and 70-11-5 NMSA 1978 (being Laws 1921, Chapter 35, Sections 2 through 4, Laws 1955, Chapter 59, Section 2, Laws 1931, Chapter 117, Sections 6 and 4, Laws 1967, Chapter 26, Section 1, Laws 1987, Chapter 333, Section 14 and Laws 1989, Chapter 189, Section 5, as amended) are repealed.

D. Section 50-9-9 NMSA 1978 (being Laws 1975, Chapter 290, Section 6) is repealed.

E. Section 69-25A-4 NMSA 1978 (being Laws 1979, Chapter 291, Section 4, as amended) is repealed.

SECTION 214. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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