LAST EDITED ON Apr-28-19 AT 09:44PM (MST)[p]In 2011, NM Governor Martinez signed SB196 into law. This was the quota bill. At that time, the Governor made it clear that she would not sign the bill if the Game License and particular Species License applied for money was not refunded to unsuccessful applicants. The caption below is right out of the final bill.
"17-3-16. FUNDS--SPECIAL DRAWINGS FOR LICENSES.--
A. The director of the department of game and fish
may provide special envelopes and application blanks when a
special drawing is to be held to determine the persons to
receive licenses. Money required to be submitted with these
applications, if enclosed in the special envelopes, need not
be deposited with the state treasurer but may be held by the
director until the successful applicants are determined. At that time, the fees of the successful applicants shall be
deposited with the state treasurer and the fees submitted by
the unsuccessful applicants shall be returned to them.
In November, the NM Game Commission voted to rescind the refund of the Game License and is also now keeping the Habitiat and Access Management Fee. Does the Game Commission have the authority to do exceed the scope of the statute?
Below you will find letters from the New Mexico Legislative Council Service and Representative Bill Rheme to the AG that I believe you will find interesting.
Is the NM Dept of Game and Fish breaking the law by keeping the Game License Money and the HMAS Money??
"17-3-16. FUNDS--SPECIAL DRAWINGS FOR LICENSES.--
A. The director of the department of game and fish
may provide special envelopes and application blanks when a
special drawing is to be held to determine the persons to
receive licenses. Money required to be submitted with these
applications, if enclosed in the special envelopes, need not
be deposited with the state treasurer but may be held by the
director until the successful applicants are determined. At that time, the fees of the successful applicants shall be
deposited with the state treasurer and the fees submitted by
the unsuccessful applicants shall be returned to them.
In November, the NM Game Commission voted to rescind the refund of the Game License and is also now keeping the Habitiat and Access Management Fee. Does the Game Commission have the authority to do exceed the scope of the statute?
Below you will find letters from the New Mexico Legislative Council Service and Representative Bill Rheme to the AG that I believe you will find interesting.
Is the NM Dept of Game and Fish breaking the law by keeping the Game License Money and the HMAS Money??