0001| HOUSE BILL 961
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| G. X. MCSHERRY
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO GAME AND FISH; ESTABLISHING A BIG GAME PARTNERSHIP
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0012| PROGRAM; PROVIDING FOR BIG GAME PARTNERSHIP LICENSES TO BE
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0013| ISSUED THROUGH AUCTIONS OR RAFFLES; CREATING THE BIG GAME
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0014| PARTNERSHIP FUND; MAKING AN APPROPRIATION.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. SHORT TITLE.--This act may be cited as the
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0018| "Big Game Partnership Act".
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0019| Section 2. DEFINITIONS.--As used in the Big Game
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0020| Partnership Act:
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0021| A. "depredation" means damage to or undesirable use
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0022| of public or private property by big game;
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0023| B. "local depredation committee" means a committee
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0024| appointed by the state game commission to address local
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0025| depredation issues; and
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0001| C. "big game" means large wild ungulates which may
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0002| be hunted under regulations adopted by the state game
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0003| commission.
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0004| Section 3. PURPOSE--POWERS AND DUTIES--BIG GAME
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0005| PARTNERSHIP LICENSES.--
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0006| A. The purpose of this section is to establish a
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0007| big game partnership program within the department of game and
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0008| fish and to authorize the department to enter into cooperative
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0009| agreements or contracts with other state agencies, federal
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0010| agencies, local depredation committees, or contracts with other
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0011| state agencies, federal agencies, local depredation committees,
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0012| individuals or corporations for the purpose of minimizing big
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0013| game depredation on public or private property.
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0014| B. Pursuant to regulations adopted by the state
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0015| game commission, the department of game and fish shall
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0016| establish a big game partnership program to limit big game
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0017| depredation on public and private lands. The big game
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0018| partnership program shall:
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0019| (1) undertake cooperative projects on private
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0020| and public lands to conserve, control and manage big game;
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0021| (2) use best management practices for big game
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0022| habitat; and
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0023| (3) annually conduct a performance evaluation,
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0024| including costs and accomplishments, of the big game
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0025| partnership program and report the results of this evaluation
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0001| to the state game commission.
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0002| C. The department of game and fish shall establish
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0003| procedures to approve cooperative projects for matching funds.
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0004| The department's share shall not exceed fifty percent of the
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0005| cost of any project. The department may accept private or
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0006| public grants or gifts and contributions of materials,
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0007| equipment or services to meet the matching funds provisions of
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0008| the big game partnership program.
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0009| D. Within one year of the effective date of this
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0010| act, the state game commission shall adopt regulations for the
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0011| big game partnership program and the issuance of special
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0012| licenses for the big game partnership program. The department
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0013| of game and fish may issue no more than two big game
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0014| partnership licenses per species per year for the purpose of
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0015| raising funds for the state's share of the big game partnership
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0016| program. The department may also authorize the issuance of one
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0017| big game partnership license for each local depredation
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0018| committee for the purpose of raising funds for the local
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0019| committee's share of the big game partnership program projects.
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0020| E. The state game commission shall prescribe by
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0021| regulation the form, species and number of big game partnership
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0022| licenses issued. The department shall issue the licenses by
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0023| auction or raffle. The department may designate an
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0024| incorporated nonprofit organization dedicated to wildlife
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0025| conservation or a local depredation committee to conduct the
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0001| auction or raffle.
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0002| F. Money generated by the auction or raffle shall
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0003| be divided between the nonprofit organization or local
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0004| depredation committee and the department of game and fish so
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0005| that the department receives at least ninety percent of the
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0006| money generated. All money collected by the department form
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0007| the issuance and sale of big game partnership licenses shall be
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0008| deposited in the big game partnership fund. Proceeds generated
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0009| by the local depredation committee auction or raffle shall be
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0010| designated in the big game partnership fund for approved
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0011| projects by that committee.
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0012| Section 4. BIG GAME PARTNERSHIP FUND CREATED--
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0013| APPROPRIATION.--The "big game partnership fund" is created in
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0014| the state treasury. Money in the fund is appropriated to the
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0015| department of game and fish to minimize big game depredation
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0016| according to the provisions of the big game partnership
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0017| program. The state game commission shall have general control
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0018| over the collection and disbursement of all money collected or
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0019| received under state laws for the protection and propagation of
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0020| game and fish, which money shall be paid over to the state
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0021| treasurer to the credit of the big game partnership fund, and
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0022| the fund, including all earned income therefrom, shall not be
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0023| transferred to another fund. Any unexpended or unencumbered
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0024| balance or earned income from the money in the fund remaining
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0025| at the end of the fiscal year shall remain in the fund.
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0001| Disbursements from the fund remaining at the end of the fiscal
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0002| year shall remain in the fund. Disbursements from the fund
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0003| shall be by warrant drawn by the secretary of finance and
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0004| administration pursuant to vouchers signed by the director of
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0005| the department of game and fish.
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0006| Section 5. DELAYED REPEAL.--Sections 1 through 4 of this
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0007| act are repealed effective June 30, 2003.
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0008| State of New Mexico
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0009| House of Representatives
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0010|
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0011| FORTY-THIRD LEGISLATURE
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0012| FIRST SESSION, 1997
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0013|
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0014|
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0015| March 4, 1997
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0016|
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0017|
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0018| Mr. Speaker:
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0019|
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0020| Your AGRICULTURE AND WATER RESOURCES COMMITTEE,
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0021| to whom has been referred
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0022|
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0023| HOUSE BILL 961
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO PASS, amended as follows:
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0002|
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0003| 1. On page 2, line 10, after "committees," strike the
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0004| remainder of the line and all of line 11.
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0005|
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0006| 2. On page 4, line 5, strike "form" and insert in lieu
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0007| thereof "from".
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0008|
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0009| 3. On page 4, line 24, after "fund." strike the remainder
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0010| of the line and all of line 25.
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0011|
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0012| 4. On page 5, line 1, strike "the fund.".,
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0013|
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0014| and thence referred to the APPROPRIATIONS AND FINANCE
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0015| COMMITTEE.
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0016|
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0017| Respectfully submitted,
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0018|
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0019|
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0020|
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0021|
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0022|
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0023| G. X. McSherry, Chairman
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0024|
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0025|
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0001| Adopted Not Adopted
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0002|
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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0005| Date
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0006|
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0007| The roll call vote was 7 For 0 Against
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0008| Yes: 7
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0009| Excused: Abeyta, Porter
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0010| Absent: None
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0011|
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0012|
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0013|
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0014| G:\BILLTEXT\BILLW_97\H0961
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0015| State of New Mexico
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0016| House of Representatives
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0017|
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0018| FORTY-THIRD LEGISLATURE
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0019| FIRST SESSION, 1997
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0020|
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0021|
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0022| March 10, 1997
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0003| whom has been referred
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0004|
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0005| HOUSE BILL 961, as amended
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0006|
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0007| has had it under consideration and reports same with
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0008| recommendation that it DO PASS, amended as follows:
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0009|
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0010| 1. On page 4, line 13, strike "is appropriated" and insert
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0011| in lieu thereof "shall be subject to appropriation by the
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0012| legislature".
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0013|
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0014| Respectfully submitted,
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0015|
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0016|
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0017|
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0018|
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0019|
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0020| Max Coll, Chairman
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0021|
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0022|
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0023| Adopted Not Adopted
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0024|
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002| Date
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0003|
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0004| The roll call vote was 13 For 0 Against
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0005| Yes: 13
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0006| Excused: Coll, Marquardt, Salazar, Watchman
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0007| Absent: None
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0008|
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0009|
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0010|
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0011| G:\BILLTEXT\BILLW_97\H0961
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0012|
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0013| FORTY-THIRD LEGISLATURE
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0014| FIRST SESSION, 1997
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0015|
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0016|
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0017| March 15, 1997
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0018|
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0019| Mr. President:
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0020|
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0021| Your CONSERVATION COMMITTEE, to whom has been referred
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0022|
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0023| HOUSE BILL 961, as amended
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO PASS, and thence referred to the
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0002| FINANCE COMMITTEE.
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0003|
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0004| Respectfully submitted,
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0005|
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0006|
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0007|
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0008|
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0009| __________________________________
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0010| Michael S. Sanchez, Chairman
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0011|
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0012|
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0013|
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0014| Adopted_______________________ Not
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0015| Adopted_______________________
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0016| (Chief Clerk) (Chief Clerk)
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0017|
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0018|
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0019| Date ________________________
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0020|
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0021|
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0022| The roll call vote was 8 For 1 Against
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0023| Yes: 8
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0024| No: Griego
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0025| Excused: Kysar
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0001| Absent: None
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0002|
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0003|
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0004| H0961C01
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION
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0008|
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0009|
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0010| March 19, 1997
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0011|
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0012|
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0013| SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 961, as
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0014| amended
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0015|
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0016| Amendment sponsored by Senator Timothy Z. Jennings
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0017|
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0018|
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0019| 1. On page 5, between lines 4 and 5, insert the following
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0020| new section:
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0021|
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0022| "Section 5. A new section of Chapter 17, Article 2 NMSA
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0023| 1978 is enacted to read:
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0024|
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0025| "[NEW MATERIAL] LANDOWNER TAKING--CONDITIONS--DEPARTMENT
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0001| RESPONSIBILITIES.--
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0002|
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0003| A. A landowner or lessee, or employee of either, may
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0004| take or kill animals on private land, in which they have an
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0005| ownership or leasehold interest, including game animals and other
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0006| quadrupeds, game birds and fowl, that present an immediate threat
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0007| to human life or an immediate threat of damage to property,
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0008| including crops; provided, however, that the taking or killing is
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0009| reported to the department of game and fish within twenty-four
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0010| hours and before the removal of the carcass of the animal killed,
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0011| in accordance with regulations adopted by the commission.
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0012|
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0013| B. A landowner or lessee, or employee of either, may
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0014| take or kill animals on private land, in which they have an
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0015| ownership or leasehold interest, including game animals and other
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0016| quadrupeds, game birds and fowl, that present a threat to human
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0017| life or damage to property, including crops, according to
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0018| regulations adopted by the commission. The regulations shall:
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0019|
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0020| (1) provide a method for filing a complaint to the
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0021| department by the landowner or lessee, or employee of either of
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0022| them, of the existence of a depredation problem;
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0023|
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0024| (2) provide for various departmental
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0025| interventions, depending upon the type of animal and depredation;
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0001|
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0002| (3) require the department to offer at least three
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0003| different interventions, if practical;
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0004|
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0005| (4) require the department to respond to the
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0006| initial and any subsequent complaints within ten days with an
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0007| intervention response to the complaint, and to carry out the
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0008| intervention, if agreed upon between the department and the
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0009| landowner, within five days of that agreement;
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0010|
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0011| (5) permit the landowner or lessee to reject for
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0012| good cause the interventions offered by the department;
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0013|
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0014| (6) require a landowner or lessee to demonstrate
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0015| that the property depredation is greater in value than the value
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0016| of any wildlife-related income or fee collected by the landowner
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0017| or lessee for permission to take or kill an animal of the same
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0018| species, on the private property or portion of the private
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0019| property identified in the complaint as the location where the
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0020| depredation occurred; and
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0021|
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0022| (7) permit the landowner, lessee or employee, when
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0023| interventions by the department have not been successful and
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0024| after one year from the date of the filing of the initial
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0025| complaint, to kill or take an animal believed responsible for
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0001| property depredation.
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0002|
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0003| C. For purposes of this section:
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0004|
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0005| (1) "commission" means the state game commission;
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0006|
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0007| (2) "department" means the department of game and
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0008| fish; and
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0009|
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0010| (3) "intervention" means a solution proposed by
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0011| the department to eliminate the depredation.
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0012|
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0013|
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0014| D. Regulations to implement this section shall be adopted
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0015| by the commission and become effective by July 1, 1997."".
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0016|
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0017| 2. Renumber the succeeding section accordingly.
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0018|
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0019|
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0020|
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0021|
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0022|
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0023|
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0024| __________________________
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0025| Timothy Z. Jennings
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0001|
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0002|
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0003|
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0004|
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0005|
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0006| Adopted ___________________ Not Adopted _______________________
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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0009|
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0010| Date _________________
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0011|
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