Summary:

 Senate Bill 5 (SB 5) reforms the State Game Commission appointment process and sets term limits for commissioners. It adds requirements for appointment and removal of commissioners and creates the State Wildlife Commission Nominating Committee. SB 5 renames the Department of Game and Fish as the Department of Wildlife and the State Game Commission as the State Wildlife Commission. It amends statutory policy, expands the management of wildlife, and adds definitions. SB 5 provides reporting requirements and amends licensing fees. It provides for fee adjustments to account for inflation and for discounts for residents who receive supplemental nutrition assistance program benefits. SB 5 provides transfers and repeals Section 17-2-2 NMSA 1978.

 

Legislation Overview:

 Senate Bill 5 (SB 5) amends statutory policy in Section 17-1-1 NMSA 1978 to include providing for the conservation and management of the state's wildlife as a public trust resource as well as for the benefit, use, food supply and nonconsumptive enjoyment of all; It renames State Game Commission (SGC) as the State Wildlife Commission (SWC); the Department of Game and Fish (DGF) as the Department of Wildlife and the director or any type of game warden as the director of the Department of Wildlife in Section 17-1-1.1 NMSA 1978. It reforms the existing SGC appointment process which will include seven voting members, all of whom shall possess knowledge of wildlife, hunting and fishing and be state residents. The governor shall appoint the members of the Commission with the advice and consent of the senate from a
list of qualified nominees that the State Wildlife Commission Nominating Committee submitted to the governor. The first three members are at large with geographic and party considerations. SB 5 requires the remaining positions to be filled by individuals with specific occupations/avocations with geographic and party considerations. It provides for a six-year term of office with no more than two terms total starting 1 January 2027. It states specific reasons for removal such as death, resignation, missing meetings, and no longer meeting the qualifications. Except for the reasons stated above, generally a commissioner may only be removed for incompetence, neglect of duty or malfeasance in office after notice of a hearing and an opportunity to be heard. SB 5 authorizes the State Ethics Commission to bring an action for removal based on a cause stated in subsections F and G. Change of party affiliation within the previous four years is grounds for ineligibility, with the exception of voting in primary elections and then changing back within ninety days.
SB 5 names the director of the NM Outdoor Recreation Division; the director of the NM Agriculture Department; the commissioner of public lands; and the secretary of Indian affairs as advisory, nonvoting members of the Commission. 
SB 5 creates the State Wildlife Commission Nominating Committee with seven members, four of whom represent the legislative branch; two from state universities; and one member appointed by the governor who shall represent an Indian nation, tribe or pueblo. SB 5 creates timelines for meeting before a commissioner’s term expires so the Committee can give the governor a list of a minimum of three qualified nominees for each position open, with certain consideration for geographic and political party diversity, thirty days prior to the beginning of a new term. It creates timeframes for meeting to fill a vacancy during a term. SB 5 requires the nominating committee to actively seek applications from qualified individuals with a specified process, including the need for a majority vote of the quorum for the nominee and public comment during committee meetings on these applications.
SB 5 amends the SGC rule making power to focus on the rule’s effects on wildlife and expands the types of activities that can be regulated. It expands the number of factors the SGC considers when determining what is a protected species and how that designation is achieved beyond what is allowed currently in Chapter 17 NMSA 1978. It only requires the NMED to respond to wildlife nuisance incidents under certain circumstances and provides a definition for wildlife. 
SB 5 adds a new section to the Wildlife Conservation Act concerning data collection on species of greatest need and annual publication of the results and conservation efforts on the NMED’s website.
It amends the relevant definitions in Section 17-2-38 NMSA 1978 to conform to the renaming of the commission and director; changes and expands the definition of wildlife; and makes technical changes. 
SB 5 increases almost all current license fees and allows the State Wildlife Commission to adjust fees for inflation starting on 1 April 2027 and each 1 April thereafter using the specific formula specified in this subsection (Section 17-3-13 NMSA 1978). It authorizes a discount of twenty-five percent for residents who receive supplemental nutrition assistance program (SNAP) benefits. It defines consumer price index.
SB 5 provides for a transfer of functions, personnel, money, appropriations, property,
contractual obligations and statutory references with the update of the name and logo on 1 July 2026.
SB 5 provides for the initial staggered appointments to the State Wildlife Commission starting on 1 January 2027.  It repeals Section 17-2-2 NMSA 1978 (Game to be Protected).
The effective date of the provisions of Sections 1, 2, 5 through 8, 10 and 12 of this act is 1 July 2026; for the provisions of Sections 3, 4 and 11 of this act, 1 January 2027; and for Section 9 of this act, 1April 2026.
 

Amendments:

 3/6/25
The House Energy, Environment and Natural Resources Committee amended SFCaaa/SB 5 Sfla by removing all the amendments made on the senate floor and by the SFC, the SCONC and the SRC (HENRCaaaaa/SB 5). 
HENRCaaaaa/SB 5 reinstates the original title of the bill and adds license fees and types. It removes the declaration or statement of policy throughout the bill.  HENRCaaaaa/SB 5 removes the definitions in Section 17- A-1 NMSA 1978 that were recompiled as Section 17-1-1.1 NMSA and then reinstates that section with no changes to the definitions in the original SB 5.
It reforms the existing SGC appointment process which will include seven voting members, all of whom shall possess knowledge of wildlife, hunting and fishing and be state residents. The governor shall appoint the members of the Commission with the advice and consent of the senate from a list of qualified nominees that the State Wildlife Commission Nominating Committee submitted to the governor. The first three members are at large with geographic and party considerations and the directive that at least one member shall be a member of a federally recognized Indian nation, tribe or pueblo in New Mexico. HENRCaaaaa/SB 5 requires the remaining positions to be filled by individuals with specific occupations/avocations with geographic and party considerations. It provides for a six-year term of office with no more than two terms total starting 1 January 2027. It declares a position to be vacant upon the death, resignation, missed meetings, or no longer meeting the qualifications and requires the same process to fill a vacancy as used for an original appointment to the SGC. Except for the reasons stated above, generally a commissioner may only be removed for incompetence, neglect of duty or malfeasance in office after notice of a hearing and an opportunity to be heard. The State Ethics Commission may bring an action to enforce the provisions of Subsections G or F of this section including seeking a declaration that the position is vacant. A final decision by a district court in these cases may be appealed directly to the state supreme court. Change of party affiliation within the previous four years is grounds for ineligibility, with the exception of voting in primary elections and then changing back within ninety days.
HENRCaaaaa/SB 5 names the director of the NM Outdoor Recreation Division; the director of the NM Agriculture Department; the commissioner of public lands; and the secretary of Indian Affairs as advisory, nonvoting members of the Commission. 
It creates the State Wildlife Commission Nominating Committee with nine members, four of whom represent the legislative branch; two from state universities; and three members appointed by the governor, one of whom represents an Indian nation, tribe or pueblo. HENRCaaaaa/SB 5 creates timelines for meeting before a commissioner’s term expires so the Committee can give the governor a list of a minimum of three qualified nominees for each position open, with certain consideration for geographic and political party diversity, thirty days prior to the beginning of a new term. It creates timeframes for meeting to fill a vacancy during a term. It requires the nominating committee to actively seek applications from qualified individuals with a specified process, including the need for a majority vote of the quorum for the nominee and public comment during committee meetings on these applications.
HENRCaaaaa/SB 5 amends the SGC ‘s rule making power to focus on the rule’s effects on wildlife and expands the types of activities that can be regulated. It expands the number of factors the SGC considers when determining what is a protected species and how that designation is achieved beyond what is allowed currently in Chapter 17 NMSA 1978. It only requires the NMED to respond to wildlife nuisance incidents under certain circumstances and provides a definition for wildlife. 
HENRCaaaaa/SB 5 adds a new section to the Wildlife Conservation Act concerning data collection on species of greatest need and annual publication of the results and conservation efforts on the NMED’s website.
It amends the relevant definitions in Section 17-2-38 NMSA 1978 to conform to the renaming of the commission and director; changes and expands the definition of wildlife; and makes technical changes. 
HENRCaaaaa/SB 5 amends Section 17-3-2 NMSA 1978 to reflect the Commission’s name change to the State Wildlife Commission and adds a requirement to obtain a shed hunter license with an exception for residents. It updates the term handicapped to disabled.
It amends Section 17-3-7 NMSA 1978 to reflect the Commission’s name change and to delete the one- dollar amount  a license collector may retain for a license or permit issued to an amount not to exceed vendor costs.
HENRCaaaaa/SB 5 increases almost all current license fees and allows the State Wildlife Commission to adjust fees for inflation starting on 1 April 2027 and each 1 April thereafter using the specific formula specified in this subsection (Section 17-3-13 NMSA 1978). It authorizes a discount of twenty-five percent for residents who receive supplemental nutrition assistance. It defines consumer price index.
HENRCaaaaa/SB 5 provides for a transfer of functions, personnel, money, appropriations, property, contractual obligations and statutory references with the update of the name and logo on 1 July 2026 or as soon as practicably possible with permission to use existing supplies, forms, insignias, signs and logos until exhausted or unserviceable. 
HENRC/SB 5 provides for the initial staggered appointments to the State Wildlife Commission starting on 1 January 2027. 
It repeals Sections 17-1-1 and 17-2-2 NMSA 1978. 
HENRCaaaaa/SB 5 establishes the following effective dates: for Sections 1, 4 through 7, 11 and 13 of this act, 1 July 2026; for Sections 2, 3 and 12, 1 January 2027; for Sections 8 through 10, 1 April 2026.

3/1/25
The Senate amended SFCaaa/SB 5 (SFCaaa/SB 5 Sfla) to clarify that the at least one at large position will be held by a NM member of a federally recognized Indian nation, tribe or pueblo

2/27/28
The Senate Finance Committee amended SCONCaa/SB 5 (SFCaaa/SB 5) reversed the technical correction made by the SRCa/SB 5 in its Amendment 3 and deleted the repeals of Sections 17-1-17 and 17-2-2 NMSA 1978 in SCONCaa/SB5. 
SFCaaa/SB 5 makes a change to the section of the bill referenced. It amends Section 17-3-2 NMSA 1978 to reflect the Commission’s name change to the State Wildlife Commission and adds a requirement to obtain a shed hunter license with an exception for residents.

2/10/25
The Senate Conservation Committee amended SB 5A SRC (SB 5AA SCONC) by changing the title to reflect the sections of law being repealed. It requires that at least one member of the State Wildlife Commission Nominating Committee be a member of an Indian nation, tribe or pueblo and that the rancher/farmer member actively work at selling livestock or crops from a farm or ranch where at least two big game species are frequently present.
SB 5AA SCONC increases the number of members in the Nominating Committee to nine, by having the governor appoint two members who will not be from the same political party. It mandates the SGC to consider certain factors when making rules including a sustainable food supply. It limits the Commission’s ability to manage and protect wildlife species or to direct the DGF to respond to wildlife nuisance incidents through rule making only.
SB 5AA SCONC reduces the fees for resident, fur dealer; resident, trapper; resident, junior trapper. It makes technical changes to the section number in section 11 of the act and corrects the citation error in SB 5A SRC. 
SB 5AA SCONC would be effective as follows: Section 8, 1 April2026; Sections 1, 4 through 7, 9 and 11, 1 July 2026; and Sections 2, 3 and 10, 1 January 2027. 

1/28/25
The Senate Rules Committee amended SB 5 (SB 5A SRC) by removing the policy and purpose section of the act and any reference to it. SB 5A SRC clarifies that the State Ethics Commission will bring an action in district court. It removes the provision of granting the state Supreme Court original jurisdiction over an commissioner’s removal. It makes a technical correction. SB 5A SRC repeals 17-1-17 and 17-2-2 NMSA 1978 and establishes effective dates for the following : Sections 1, 4 through 7, 9 and 11, July 1, 2026; Sections 2, 3 and 10, January 1, 2027; and 
Sections 8, April 1, 2026.