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Governor partially vetoes Game and Fish reform bill, leaving legal questions

Two buck mule deer at Bandelier National Monument.
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Flickr
Two mule bucks at Bandelier National Monument.

Gov. Michelle Lujan Grisham “partially” vetoed a bill on Thursday aiming to bring sweeping reform to the Department of Game and Fish – the state’s premier wildlife conservation agency.

At issue for the governor is a piece of language that would bar her – or any future New Mexico governors – from promptly removing members of the State Game Commission without intervention from the State Ethics Commission and, possibly, the Supreme Court.

, the governor says this change “unnecessarily complicates and lengthens the removal process,” by making it confusing and costly.

Currently, the governor can appoint and remove any of the commission’s seven members without reason, at any time.

The people who have been working on the law are skeptical of the veto. One is Jesse Duebel – he is a hunter and the executive director of the New Mexico Wildlife Federation.

“It is very, very unfortunate that the removal process was stricken from the bill, because that's the issue with our current commission that has plagued wildlife management since this governor took office,” Deubel said.

In the past few years, the Game Commission has struggled with cancelled meetings and other issues because of seat vacancies – one of which has been empty since August.

The last line of the governor’s message is also noteworthy.

While Lujan Grisham wrote she is pleased to sign the legislation, she added that if the line-item veto is deemed invalid in court or otherwise, then her signature should be considered “null and void” – essentially killing the bill entirely.

She cited no prior legal precedent or law to back this up.

“I certainly don't want to see all of the fantastic things that this bill does disappear because of one detail,” Deubel said.

Usually, “partial” or “line-item” vetoes are used on bills that appropriate money, a privilege reserved for the governor in the state constitution.

So, when Lujan Grisham cited this as one of her reasons for the veto, Judy Calman, the policy director for the New Mexico Audubon Society, was surprised.

“There's definitely some questions about what's legal and what isn't,” Calman said. “We weren't expecting this to be considered an ‘appropriations’ bill.”

Regardless of the legal details, the majority of the bill will still become law – including a broadening of the agency’s conservation responsibilities and a bump in angling and hunting fees.

A license discount will be given to New Mexicans enrolled in the Supplemental Nutrition Assistance Program (SNAP).

The makeup of the Game Commission is also set to change significantly, with a new nominating committee vetting commissioners who bring a wide range of experience in wildlife conservation.

Lastly, the agency’s facade would get a facelift, with a rebrand to the “Department of Wildlife.”

Bill sponsor Rep. Matthew McQueen (D-Santa Fe), who has been working on this issue since Gov. Susana Martinez’ administration, told 91 that this legislation is a good “step forward” and the reorientation of the agency to equally focus on big game and at-risk wildlife is a big win for New Mexicans.

The bill’s signing comes in the waning days of the 60-day legislative session, which ends Saturday, March 22 at noon.

Bryce Dix is our local host for NPR's Morning Edition.
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