0001| SENATE BILL 1196
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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| DELORES C. WRIGHT
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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 HUNTING; PROVIDING FOR QUOTAS FOR SPECIAL ELK
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0012| HUNTS; DECLARING AN EMERGENCY.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 17-2A-3 NMSA 1978 (being Laws 1996,
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0016| Chapter 89, Section 5) is amended to read:
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0017| "17-2A-3. HUNTING GUIDES AND OUTFITTERS.--
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0018| A. Effective April 1, 1997, it is unlawful to be a
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0019| hunting guide or outfitter in New Mexico without being
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0020| registered, except for a private landowner or his authorized
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0021| agent who outfits or guides pursuant to a landowner permit
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0022| issued by the department of game and fish for the landowner's
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0023| property or for the landowner's shared private and public unit.
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0024| B. The state game commission shall adopt
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0025| regulations by September 1, 1997 to govern the granting of non-
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0001| interim registration, permits and certificates to hunting
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0002| guides and outfitters and to regulate the operations and
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0003| professional conduct of registered hunting guides and
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0004| outfitters. Regulations shall be adopted in accordance with
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0005| the following procedures and standards:
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0006| (1) the commission shall establish dates and
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0007| locations for a public hearing and provide reasonable prior
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0008| public notice of a hearing. A public hearing shall be held at
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0009| a place within any quadrant of the state affected by the
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0010| proposed regulation when the commission determines there is
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0011| substantial public interest in holding a hearing in that
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0012| quadrant;
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0013| (2) a hearing shall be held within six months
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0014| of the date a proposed regulation is issued;
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0015| (3) notice of a hearing shall:
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0016| (a) include the date, time and location
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0017| of the hearing;
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0018| (b) include a statement of the
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0019| recommended action;
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0020| (c) include an indication of the
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0021| location and availability of the public file on the regulation;
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0022| (d) indicate where and by what date
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0023| written and oral comments and testimony may be received; and
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0024| (e) specify that the public record shall
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0025| remain open for comments for thirty days after the date of the
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0001| final hearing; and
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0002| (4) the commission shall make its decision and
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0003| take action based upon relevant and reliable evidence.
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0004| C. No person shall be allowed to work as a
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0005| registered hunting guide or outfitter in New Mexico:
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0006| (1) without being registered by the state game
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0007| commission;
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0008| (2) if the person has had a guide or outfitter
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0009| license, registration, permit or certificate revoked in another
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0010| state;
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0011| (3) if the person has had a guide or outfitter
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0012| license, registration, permit or certificate suspended in
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0013| another state and it has not been reinstated; or
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0014| (4) if the person has been convicted of a
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0015| felony.
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0016| D. The state game commission shall develop a point
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0017| system for the suspension or revocation of a guide or outfitter
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0018| registration. The point system shall be similar to the point
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0019| system that governs individual hunting and fishing license
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0020| privileges.
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0021| E. To be granted a registration to be a guide, an
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0022| applicant shall, in addition to any other reasonable criteria
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0023| adopted by the state game commission, and except as provided
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0024| for persons granted an interim registration:
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0025| (1) be at least eighteen years of age;
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0001| (2) pass a written or oral examination
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0002| approved by the department of game and fish at a date and time
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0003| approved by the department; and
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0004| (3) be endorsed on his application by a New
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0005| Mexico registered or interim registered outfitter.
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0006| F. A registered or interim registered guide shall
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0007| work only under the supervision of a New Mexico registered or
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0008| interim registered outfitter and in an area designated by the
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0009| registered or interim registered outfitter.
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0010| G. The department of game and fish may provide a
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0011| registration for a temporary emergency guide, provided the
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0012| registration is limited to a maximum seven-day period and is
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0013| granted only in emergency circumstances as determined by the
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0014| department. The fee for a temporary emergency guide
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0015| registration is ten dollars ($10.00).
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0016| H. To be granted a registration to be an outfitter,
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0017| an applicant shall, in addition to any other reasonable
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0018| criteria adopted by the state game commission, and except as
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0019| provided for persons granted an interim registration:
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0020| (1) be at least twenty-one years of age;
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0021| (2) have operated as a New Mexico registered
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0022| guide for at least three years or have been granted an interim
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0023| outfitter's registration;
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0024| (3) not be a convicted felon or have a history
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0025| of violation of federal or state game and fish laws or
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0001| regulations or federal or state guide or outfitter licensing or
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0002| registration laws or regulations;
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0003| (4) pass a written or oral examination
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0004| approved by the department of game and fish at a date and time
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0005| determined by the department; and
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0006| (5) be endorsed by a registered outfitter or
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0007| present experience and other qualifications satisfactory to the
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0008| state game commission.
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0009| I. A registered outfitter shall:
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0010| (1) provide proof of commercial liability
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0011| insurance of at least five hundred thousand dollars ($500,000);
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0012| (2) responsibly supervise each registered
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0013| guide working under his direction;
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0014| (3) provide a written contract for outfitting
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0015| services, signed by the registered outfitter and identifying
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0016| the outfitter's registration number, to each nonresident who
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0017| seeks to use, and before the nonresident applies for, a license
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0018| granted from a special drawing for a hunt on public lands
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0019| pursuant to the provisions of Section 17-3-16 NMSA 1978;
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0020| (4) register with the taxation and revenue
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0021| department and provide proof of that registration to the
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0022| department of game and fish; and
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0023| (5) provide at least one registered guide or
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0024| outfitter for every four or fewer [nonresident] hunters who
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0025| are granted a license, pursuant to an application listing the
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0001| outfitter's registration number, from a special drawing for a
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0002| hunt on public lands pursuant to the provisions of Section
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0003| 17-3-16 NMSA 1978.
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0004| J. The department of game and fish shall provide to
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0005| the taxation and revenue department a copy of each outfitter
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0006| registration that is granted.
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0007| K. No person shall be allowed to charge a
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0008| processing or other fee to obtain for [a nonresident]
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0009| another person a license that is granted from a special
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0010| drawing for a hunt on public lands pursuant to the provisions
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0011| of Section 17-3-16 NMSA 1978, unless the person who obtains the
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0012| license is a registered New Mexico guide or outfitter who
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0013| physically accompanies the [nonresident] hunter on the hunt.
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0014| [L. The department of game and fish shall develop
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0015| by September 1, 1996 a point system to provide preferences for
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0016| the use of registered outfitters who are New Mexico residents.
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0017| The point system shall include a progressive preference based
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0018| upon the total number of years of guiding or outfitting
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0019| operations in New Mexico.
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0020| M.] L. A New Mexico resident registered
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0021| outfitter shall be defined by the state game commission in
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0022| accordance with regulations it adopts. The regulations shall
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0023| require at a minimum that a resident registered outfitter shall
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0024| maintain a residence and business address in New Mexico and
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0025| derive at least fifty percent of his guiding or outfitting
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0001| income from guiding or outfitting services provided in New
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0002| Mexico, as determined by gross receipts or corporate or
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0003| individual income tax returns for the immediately preceding
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0004| three years. The registration applicant may voluntarily
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0005| provide copies of the necessary tax records or the taxation and
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0006| revenue department shall assist the commission as needed to
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0007| make this determination. Tax records shall be confidential.
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0008| [N.] M. The department of game and fish shall
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0009| maintain for public distribution a list of New Mexico
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0010| registered outfitters.
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0011| [O.] N. The annual registration fee for a
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0012| registered guide in New Mexico is fifty dollars ($50.00). [for
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0013| a resident and one hundred dollars ($100) for a nonresident.
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0014| P.] O. The annual registration fee to be a
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0015| registered outfitter in New Mexico is five hundred dollars
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0016| ($500). [for a resident and five thousand dollars ($5,000) for
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0017| a nonresident.
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0018| Q.] P. Annual registration fees for guides and
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0019| outfitters shall be deposited in the game protection fund.
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0020| [R.] Q. The state game commission shall adopt
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0021| by September 1, 1996 interim regulations, consistent to the
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0022| greatest extent practicable with the provisions of this
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0023| section, to provide for the granting of interim registrations
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0024| to guides and outfitters. The commission shall issue interim
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0025| registrations prior to mailing applications for 1997 licensed
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0001| hunts to persons who qualify for interim registration and
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0002| submit applications to the department of game and fish by
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0003| November 1, 1996.
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0004| [S.] R. A person adversely affected by an
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0005| action, other than a regulation, taken pursuant to the
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0006| provisions of this section, including the denial, suspension or
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0007| revocation of a registration, license, permit or certificate,
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0008| may seek review of the action pursuant to the provisions of the
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0009| Uniform Licensing Act.
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0010| [T.] S. A person adversely affected by a
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0011| regulation adopted by the state game commission pursuant to
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0012| this section may appeal to the court of appeals. All appeals
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0013| shall be made upon the record at the hearing and shall be taken
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0014| to the court of appeals within thirty days following the date
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0015| of the action. The date of the action shall be the date of the
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0016| filing of the regulation by the commission, pursuant to the
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0017| provisions of the State Rules Act.
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0018| [U.] T. Upon appeal, the court of appeals shall
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0019| set aside a regulation only if it is found to be:
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0020| (1) arbitrary, capricious or an abuse of
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0021| discretion;
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0022| (2) not supported by substantial evidence in
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0023| the record; or
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0024| (3) otherwise not in accordance with law.
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0025| [V.] U. After a hearing and a showing of good
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0001| cause by the appellant, a stay of a regulation being appealed
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0002| may be granted:
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0003| (1) by the state game commission; or
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0004| (2) by the court of appeals if the state game
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0005| commission denies a stay or fails to act upon an application
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0006| for a stay within sixty days after receipt of the application.
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0007| [W.] V. The appellant shall pay all costs for
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0008| any appeal found to be frivolous by the court of appeals."
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0009| Section 2. A new section of Chapter 17, Article 2A NMSA
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0010| 1978 is enacted to read:
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0011| "[NEW MATERIAL] OUTFITTING OR GUIDING WITHOUT
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0012| REGISTRATION--PENALTIES.--A person who outfits or guides,
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0013| offers to outfit or guide or holds himself out as an outfitter
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0014| or guide without being registered is, except as otherwise
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0015| provided in this section, guilty of a misdemeanor and upon
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0016| conviction shall be punished by a fine of not less than fifty
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0017| dollars ($50.00) or more than five hundred dollars ($500) or by
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0018| imprisonment for a definite term not to exceed six months, or
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0019| both. Upon a second conviction, the person shall be punished
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0020| by a fine of not less than one thousand dollars ($1,000) or
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0021| more than two thousand dollars ($2,000) or by imprisonment for
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0022| a definite term not to exceed six months, or both. A third or
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0023| subsequent conviction under this section is a fourth degree
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0024| felony."
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0025| Section 3. Section 17-3-16 NMSA 1978 (being Laws 1964
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0001| (1st S.S.), Chapter 17, Section 7, as amended) is repealed and
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0002| a new Section 17-3-16 NMSA 1978 is enacted to read:
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0003| "17-3-16. [NEW MATERIAL] SPECIAL DRAWING FOR ELK
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0004| LICENSES.--
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0005| A. The director of the department of game and fish
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0006| may provide special envelopes and application blanks when a
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0007| special drawing is to be held to determine the persons to
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0008| receive a special elk license. Money required to be submitted
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0009| with the applications, if enclosed in the special envelopes,
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0010| need not be deposited with the state treasurer but may be held
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0011| by the director until the successful applicants are determined.
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0012| At that time, the fees of the successful applicants shall be
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0013| deposited with the state treasurer, and the fees submitted by
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0014| the unsuccessful applicants shall be returned to them.
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0015| B. Residents are eligible for seventy percent of
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0016| the special elk licenses offered each year.
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0017| C. Nonresidents are eligible for thirty percent of
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0018| the special elk licenses offered each year, divided as follows:
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0019| (1) fifteen percent of the licenses shall be
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0020| drawn by nonresidents who will be guided by a New Mexico
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0021| outfitter or guide; and
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0022| (2) fifteen percent of the licenses shall be
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0023| drawn by nonresidents who are not required to be guided by a
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0024| New Mexico outfitter or guide.
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0025| D. If there are not enough nonresident applicants
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0001| for licenses available pursuant to Paragraph (2) of Subsection
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0002| C of this section, applicants who qualify pursuant to Paragraph
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0003| (1) of Subsection C of this section shall be eligible for the
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0004| licenses; thereafter, unclaimed licenses shall be made
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0005| available to residents.
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0006| E. Of the total amount of money generated from the
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0007| sale of nonresident special elk licenses, one-third shall be
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0008| dedicated to and used for the acquisition by the state game
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0009| commission of conservation and access easements and habitat
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0010| management."
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0011| Section 4. Laws 1996, Chapter 89, Section 8 is amended to
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0012| read:
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0013| "Section 8. EFFECTIVE DATE. [A.] The effective date of
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0014| the provisions of Sections 1 and 3 through 5 of this act is
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0015| July 1, 1996.
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0016| [B. The effective date of the provisions of
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0017| Section 2 of this act is June 30, 1999.]"
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0018| Section 5. REPEAL.--
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0019| A. Section 17-2A-2 NMSA 1978 (being Laws 1996,
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0020| Chapter 89, Section 4) is repealed.
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0021| B. Laws 1996, Chapter 89, Sections 2, 6 and 7 are
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0022| repealed.
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0023| Section 6. EMERGENCY--It is necessary for the public
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0024| peace, health and safety that this act take effect immediately.
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0025| State of New Mexico
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0001| House of Representatives
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0002|
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0003| FORTY-THIRD LEGISLATURE
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0004| FIRST SESSION, 1997
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0005|
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0006|
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0007| March 4, 1997
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0008|
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0009|
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0010| Mr. Speaker:
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0011|
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0012| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0013| whom has been referred
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0014|
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0015| HOUSE BILL 1196
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO PASS, and thence referred to the
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0019| JUDICIARY COMMITTEE.
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0020|
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0021| Respectfully submitted,
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0022|
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0023|
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0024|
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0025|
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0001|
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0002| Gary King, Chairman
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0003|
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0004|
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0005| Adopted Not Adopted
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0006|
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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0009| Date
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0010|
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0011| The roll call vote was 7 For 0 Against
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0012| Yes: 7
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0013| Excused: Rios, Sandel, Vigil
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0014| Absent: None
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0015|
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0016|
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0017| G:\BILLTEXT\BILLW_97\H1196
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