REMOVAL OF WILDLIFE COMMISSION MEMBERS

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AN ACT
RELATING TO PUBLIC OFFICIALS; PROVIDING FOR THE REMOVAL OF
APPOINTED MEMBERS OF THE STATE WILDLIFE COMMISSION FOR
INCOMPETENCE, NEGLECT OF DUTY OR MALFEASANCE IN OFFICE;
REQUIRING NOTICE, AN OPPORTUNITY FOR A HEARING AND JUDICIAL
APPEAL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. That version of Section 17-1-2 NMSA 1978
(being Laws 1921, Chapter 35, Section 2, as amended) that is
to become effective January 1, 2027 is amended to read:
"17-1-2. STATE WILDLIFE COMMISSION--APPOINTMENT--
TERM.--
A. There is created a "state wildlife commission"
of seven voting members, all of whom shall possess knowledge
of wildlife, hunting and fishing and be New Mexico residents.
The governor shall appoint the members of the commission with
the advice and consent of the senate from a list of qualified
nominees submitted to the governor by the state wildlife
commission nominating committee. The commission shall select
one commissioner to be chair and one commissioner to be vice
chair. The department shall provide administrative support
to the commission.
B. Three at-large members of the commission shall
hold positions one, two and three, with no more than one
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member residing in any one county and with no more than two
members affiliated with the same political party; provided
that at least one member shall be a member of a federally
recognized Indian nation, tribe or pueblo in New Mexico.
C. Four members of the commission shall hold
positions four, five, six and seven, with no more than one
member residing in any one county and with no more than two
members affiliated with the same political party, as follows:
(1) position four, a rancher or farmer who
actively works at growing and selling livestock or crops from
a ranch or farm where at least two big game species, as
defined by and for which hunting is licensed by the
department, are frequently present;
(2) position five, a conservationist who for
the previous four years has been an employee, a member of the
board or a member of an established advisory committee of a
nonprofit wildlife or habitat conservation organization, the
primary focus of which is not game species;
(3) position six, an individual who is both
a hunter and an angler having held both a New Mexico hunting
license and fishing license each of the previous four years;
and
(4) position seven, a scientist who holds at
least a master's degree in wildlife biology, conservation
biology, fisheries science or management, wildlife science or
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management or a comparable wildlife field.
D. Except for the initial appointments as provided
in Laws 2025, Chapter 9, Section 12, the term of office for
each member of the commission shall be six years.
E. A commissioner shall serve for no more than two
terms after January 1, 2027. A partial term shall be counted
as one full term, unless the partial term is less than one
full year.
F. When a commissioner dies, resigns or no longer
meets the qualifications required for the commissioner's
appointment or misses three consecutive meetings, that
position on the commission becomes vacant. The governor
shall appoint a successor for the remainder of the term from
a list of qualified nominees submitted to the governor by the
state wildlife commission nominating committee.
G. Except when the position of commissioner
becomes vacant pursuant to Subsection F of this section, a
commissioner shall not be removed except for incompetence,
neglect of duty or malfeasance in office. A proceeding for
the removal of a commissioner may be commenced by the
governor. A commissioner shall be given notice of the
hearing and an opportunity to be heard before the
commissioner is removed. The supreme court is given
exclusive original jurisdiction over proceedings to remove
commissioners, and its decision in connection with such
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matters shall be final.
H. A person shall not be eligible to be appointed
as a commissioner if the person changed party affiliation
during the previous four years; provided that a person who
changed party affiliation for the purpose of voting in a
primary election pursuant to Section 1-4-5.7 NMSA 1978 and
then changed party affiliation back to the status of that
person's party affiliation immediately prior to the change
within ninety days shall not be considered to have changed
party affiliation for the purposes of this subsection.
I. The following persons shall serve as advisory,
nonvoting members of the commission:
(1) the director of the New Mexico outdoor
recreation division of the economic development department or
the director's designee;
(2) the director of the New Mexico
department of agriculture or the director's designee;
(3) the commissioner of public lands or the
commissioner's designee; and
(4) the secretary of Indian affairs or the
secretary's designee."
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is January 1, 2027.