0001| SENATE BILL 1196 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| DELORES C. WRIGHT | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO HUNTING; PROVIDING FOR QUOTAS FOR SPECIAL ELK | 0012| HUNTS; DECLARING AN EMERGENCY. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 17-2A-3 NMSA 1978 (being Laws 1996, | 0016| Chapter 89, Section 5) is amended to read: | 0017| "17-2A-3. HUNTING GUIDES AND OUTFITTERS.-- | 0018| A. Effective April 1, 1997, it is unlawful to be a | 0019| hunting guide or outfitter in New Mexico without being | 0020| registered, except for a private landowner or his authorized | 0021| agent who outfits or guides pursuant to a landowner permit | 0022| issued by the department of game and fish for the landowner's | 0023| property or for the landowner's shared private and public unit. | 0024| B. The state game commission shall adopt | 0025| regulations by September 1, 1997 to govern the granting of non- | 0001| interim registration, permits and certificates to hunting | 0002| guides and outfitters and to regulate the operations and | 0003| professional conduct of registered hunting guides and | 0004| outfitters. Regulations shall be adopted in accordance with | 0005| the following procedures and standards: | 0006| (1) the commission shall establish dates and | 0007| locations for a public hearing and provide reasonable prior | 0008| public notice of a hearing. A public hearing shall be held at | 0009| a place within any quadrant of the state affected by the | 0010| proposed regulation when the commission determines there is | 0011| substantial public interest in holding a hearing in that | 0012| quadrant; | 0013| (2) a hearing shall be held within six months | 0014| of the date a proposed regulation is issued; | 0015| (3) notice of a hearing shall: | 0016| (a) include the date, time and location | 0017| of the hearing; | 0018| (b) include a statement of the | 0019| recommended action; | 0020| (c) include an indication of the | 0021| location and availability of the public file on the regulation; | 0022| (d) indicate where and by what date | 0023| written and oral comments and testimony may be received; and | 0024| (e) specify that the public record shall | 0025| remain open for comments for thirty days after the date of the | 0001| final hearing; and | 0002| (4) the commission shall make its decision and | 0003| take action based upon relevant and reliable evidence. | 0004| C. No person shall be allowed to work as a | 0005| registered hunting guide or outfitter in New Mexico: | 0006| (1) without being registered by the state game | 0007| commission; | 0008| (2) if the person has had a guide or outfitter | 0009| license, registration, permit or certificate revoked in another | 0010| state; | 0011| (3) if the person has had a guide or outfitter | 0012| license, registration, permit or certificate suspended in | 0013| another state and it has not been reinstated; or | 0014| (4) if the person has been convicted of a | 0015| felony. | 0016| D. The state game commission shall develop a point | 0017| system for the suspension or revocation of a guide or outfitter | 0018| registration. The point system shall be similar to the point | 0019| system that governs individual hunting and fishing license | 0020| privileges. | 0021| E. To be granted a registration to be a guide, an | 0022| applicant shall, in addition to any other reasonable criteria | 0023| adopted by the state game commission, and except as provided | 0024| for persons granted an interim registration: | 0025| (1) be at least eighteen years of age; | 0001| (2) pass a written or oral examination | 0002| approved by the department of game and fish at a date and time | 0003| approved by the department; and | 0004| (3) be endorsed on his application by a New | 0005| Mexico registered or interim registered outfitter. | 0006| F. A registered or interim registered guide shall | 0007| work only under the supervision of a New Mexico registered or | 0008| interim registered outfitter and in an area designated by the | 0009| registered or interim registered outfitter. | 0010| G. The department of game and fish may provide a | 0011| registration for a temporary emergency guide, provided the | 0012| registration is limited to a maximum seven-day period and is | 0013| granted only in emergency circumstances as determined by the | 0014| department. The fee for a temporary emergency guide | 0015| registration is ten dollars ($10.00). | 0016| H. To be granted a registration to be an outfitter, | 0017| an applicant shall, in addition to any other reasonable | 0018| criteria adopted by the state game commission, and except as | 0019| provided for persons granted an interim registration: | 0020| (1) be at least twenty-one years of age; | 0021| (2) have operated as a New Mexico registered | 0022| guide for at least three years or have been granted an interim | 0023| outfitter's registration; | 0024| (3) not be a convicted felon or have a history | 0025| of violation of federal or state game and fish laws or | 0001| regulations or federal or state guide or outfitter licensing or | 0002| registration laws or regulations; | 0003| (4) pass a written or oral examination | 0004| approved by the department of game and fish at a date and time | 0005| determined by the department; and | 0006| (5) be endorsed by a registered outfitter or | 0007| present experience and other qualifications satisfactory to the | 0008| state game commission. | 0009| I. A registered outfitter shall: | 0010| (1) provide proof of commercial liability | 0011| insurance of at least five hundred thousand dollars ($500,000); | 0012| (2) responsibly supervise each registered | 0013| guide working under his direction; | 0014| (3) provide a written contract for outfitting | 0015| services, signed by the registered outfitter and identifying | 0016| the outfitter's registration number, to each nonresident who | 0017| seeks to use, and before the nonresident applies for, a license | 0018| granted from a special drawing for a hunt on public lands | 0019| pursuant to the provisions of Section 17-3-16 NMSA 1978; | 0020| (4) register with the taxation and revenue | 0021| department and provide proof of that registration to the | 0022| department of game and fish; and | 0023| (5) provide at least one registered guide or | 0024| outfitter for every four or fewer [nonresident] hunters who | 0025| are granted a license, pursuant to an application listing the | 0001| outfitter's registration number, from a special drawing for a | 0002| hunt on public lands pursuant to the provisions of Section | 0003| 17-3-16 NMSA 1978. | 0004| J. The department of game and fish shall provide to | 0005| the taxation and revenue department a copy of each outfitter | 0006| registration that is granted. | 0007| K. No person shall be allowed to charge a | 0008| processing or other fee to obtain for [a nonresident] | 0009| another person a license that is granted from a special | 0010| drawing for a hunt on public lands pursuant to the provisions | 0011| of Section 17-3-16 NMSA 1978, unless the person who obtains the | 0012| license is a registered New Mexico guide or outfitter who | 0013| physically accompanies the [nonresident] hunter on the hunt. | 0014| [L. The department of game and fish shall develop | 0015| by September 1, 1996 a point system to provide preferences for | 0016| the use of registered outfitters who are New Mexico residents. | 0017| The point system shall include a progressive preference based | 0018| upon the total number of years of guiding or outfitting | 0019| operations in New Mexico. | 0020| M.] L. A New Mexico resident registered | 0021| outfitter shall be defined by the state game commission in | 0022| accordance with regulations it adopts. The regulations shall | 0023| require at a minimum that a resident registered outfitter shall | 0024| maintain a residence and business address in New Mexico and | 0025| derive at least fifty percent of his guiding or outfitting | 0001| income from guiding or outfitting services provided in New | 0002| Mexico, as determined by gross receipts or corporate or | 0003| individual income tax returns for the immediately preceding | 0004| three years. The registration applicant may voluntarily | 0005| provide copies of the necessary tax records or the taxation and | 0006| revenue department shall assist the commission as needed to | 0007| make this determination. Tax records shall be confidential. | 0008| [N.] M. The department of game and fish shall | 0009| maintain for public distribution a list of New Mexico | 0010| registered outfitters. | 0011| [O.] N. The annual registration fee for a | 0012| registered guide in New Mexico is fifty dollars ($50.00). [for | 0013| a resident and one hundred dollars ($100) for a nonresident. | 0014| P.] O. The annual registration fee to be a | 0015| registered outfitter in New Mexico is five hundred dollars | 0016| ($500). [for a resident and five thousand dollars ($5,000) for | 0017| a nonresident. | 0018| Q.] P. Annual registration fees for guides and | 0019| outfitters shall be deposited in the game protection fund. | 0020| [R.] Q. The state game commission shall adopt | 0021| by September 1, 1996 interim regulations, consistent to the | 0022| greatest extent practicable with the provisions of this | 0023| section, to provide for the granting of interim registrations | 0024| to guides and outfitters. The commission shall issue interim | 0025| registrations prior to mailing applications for 1997 licensed | 0001| hunts to persons who qualify for interim registration and | 0002| submit applications to the department of game and fish by | 0003| November 1, 1996. | 0004| [S.] R. A person adversely affected by an | 0005| action, other than a regulation, taken pursuant to the | 0006| provisions of this section, including the denial, suspension or | 0007| revocation of a registration, license, permit or certificate, | 0008| may seek review of the action pursuant to the provisions of the | 0009| Uniform Licensing Act. | 0010| [T.] S. A person adversely affected by a | 0011| regulation adopted by the state game commission pursuant to | 0012| this section may appeal to the court of appeals. All appeals | 0013| shall be made upon the record at the hearing and shall be taken | 0014| to the court of appeals within thirty days following the date | 0015| of the action. The date of the action shall be the date of the | 0016| filing of the regulation by the commission, pursuant to the | 0017| provisions of the State Rules Act. | 0018| [U.] T. Upon appeal, the court of appeals shall | 0019| set aside a regulation only if it is found to be: | 0020| (1) arbitrary, capricious or an abuse of | 0021| discretion; | 0022| (2) not supported by substantial evidence in | 0023| the record; or | 0024| (3) otherwise not in accordance with law. | 0025| [V.] U. After a hearing and a showing of good | 0001| cause by the appellant, a stay of a regulation being appealed | 0002| may be granted: | 0003| (1) by the state game commission; or | 0004| (2) by the court of appeals if the state game | 0005| commission denies a stay or fails to act upon an application | 0006| for a stay within sixty days after receipt of the application. | 0007| [W.] V. The appellant shall pay all costs for | 0008| any appeal found to be frivolous by the court of appeals." | 0009| Section 2. A new section of Chapter 17, Article 2A NMSA | 0010| 1978 is enacted to read: | 0011| "[NEW MATERIAL] OUTFITTING OR GUIDING WITHOUT | 0012| REGISTRATION--PENALTIES.--A person who outfits or guides, | 0013| offers to outfit or guide or holds himself out as an outfitter | 0014| or guide without being registered is, except as otherwise | 0015| provided in this section, guilty of a misdemeanor and upon | 0016| conviction shall be punished by a fine of not less than fifty | 0017| dollars ($50.00) or more than five hundred dollars ($500) or by | 0018| imprisonment for a definite term not to exceed six months, or | 0019| both. Upon a second conviction, the person shall be punished | 0020| by a fine of not less than one thousand dollars ($1,000) or | 0021| more than two thousand dollars ($2,000) or by imprisonment for | 0022| a definite term not to exceed six months, or both. A third or | 0023| subsequent conviction under this section is a fourth degree | 0024| felony." | 0025| Section 3. Section 17-3-16 NMSA 1978 (being Laws 1964 | 0001| (1st S.S.), Chapter 17, Section 7, as amended) is repealed and | 0002| a new Section 17-3-16 NMSA 1978 is enacted to read: | 0003| "17-3-16. [NEW MATERIAL] SPECIAL DRAWING FOR ELK | 0004| LICENSES.-- | 0005| A. The director of the department of game and fish | 0006| may provide special envelopes and application blanks when a | 0007| special drawing is to be held to determine the persons to | 0008| receive a special elk license. Money required to be submitted | 0009| with the applications, if enclosed in the special envelopes, | 0010| need not be deposited with the state treasurer but may be held | 0011| by the director until the successful applicants are determined. | 0012| At that time, the fees of the successful applicants shall be | 0013| deposited with the state treasurer, and the fees submitted by | 0014| the unsuccessful applicants shall be returned to them. | 0015| B. Residents are eligible for seventy percent of | 0016| the special elk licenses offered each year. | 0017| C. Nonresidents are eligible for thirty percent of | 0018| the special elk licenses offered each year, divided as follows: | 0019| (1) fifteen percent of the licenses shall be | 0020| drawn by nonresidents who will be guided by a New Mexico | 0021| outfitter or guide; and | 0022| (2) fifteen percent of the licenses shall be | 0023| drawn by nonresidents who are not required to be guided by a | 0024| New Mexico outfitter or guide. | 0025| D. If there are not enough nonresident applicants | 0001| for licenses available pursuant to Paragraph (2) of Subsection | 0002| C of this section, applicants who qualify pursuant to Paragraph | 0003| (1) of Subsection C of this section shall be eligible for the | 0004| licenses; thereafter, unclaimed licenses shall be made | 0005| available to residents. | 0006| E. Of the total amount of money generated from the | 0007| sale of nonresident special elk licenses, one-third shall be | 0008| dedicated to and used for the acquisition by the state game | 0009| commission of conservation and access easements and habitat | 0010| management." | 0011| Section 4. Laws 1996, Chapter 89, Section 8 is amended to | 0012| read: | 0013| "Section 8. EFFECTIVE DATE. [A.] The effective date of | 0014| the provisions of Sections 1 and 3 through 5 of this act is | 0015| July 1, 1996. | 0016| [B. The effective date of the provisions of | 0017| Section 2 of this act is June 30, 1999.]" | 0018| Section 5. REPEAL.-- | 0019| A. Section 17-2A-2 NMSA 1978 (being Laws 1996, | 0020| Chapter 89, Section 4) is repealed. | 0021| B. Laws 1996, Chapter 89, Sections 2, 6 and 7 are | 0022| repealed. | 0023| Section 6. EMERGENCY--It is necessary for the public | 0024| peace, health and safety that this act take effect immediately. | 0025|  State of New Mexico | 0001| House of Representatives | 0002| | 0003| FORTY-THIRD LEGISLATURE | 0004| FIRST SESSION, 1997 | 0005| | 0006| | 0007| March 4, 1997 | 0008| | 0009| | 0010| Mr. Speaker: | 0011| | 0012| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to | 0013| whom has been referred | 0014| | 0015| HOUSE BILL 1196 | 0016| | 0017| has had it under consideration and reports same with | 0018| recommendation that it DO PASS, and thence referred to the | 0019| JUDICIARY COMMITTEE. | 0020| | 0021| Respectfully submitted, | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| Gary King, Chairman | 0003| | 0004| | 0005| Adopted Not Adopted | 0006| | 0007| (Chief Clerk) (Chief Clerk) | 0008| | 0009| Date | 0010| | 0011| The roll call vote was 7 For 0 Against | 0012| Yes: 7 | 0013| Excused: Rios, Sandel, Vigil | 0014| Absent: None | 0015| | 0016| | 0017| G:\BILLTEXT\BILLW_97\H1196 |