SENATE BILL 271

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Carrie Hamblen

 

 

 

 

 

AN ACT

RELATING TO LIVESTOCK; DEFINING "EQUINE" AND SUBSTITUTING THAT TERM FOR "HORSE"; REVISING PROCEDURES FOR EQUINE ESTRAYS; AMENDING THE LIVESTOCK CODE AND OTHER SECTIONS OF THE NMSA 1978.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 7-2-30.7 NMSA 1978 (being Laws 2013, Chapter 49, Section 2) is amended to read:

     "7-2-30.7. OPTIONAL DESIGNATION OF TAX REFUND CONTRIBUTION--[HORSE] EQUINE SHELTER RESCUE FUND.--

          A. Any individual whose state income tax liability after application of allowable credits and tax rebates in any year is lower than the amount of money held by the department to the credit of such individual for that tax year may designate any portion of the income tax refund due to the individual to be paid to the [horse] equine shelter rescue fund. In the case of a joint return, both individuals must make such a designation.

          B. The department shall revise the state income tax form to allow the designation of such contributions in the following form:

"[Horse] Equine Shelter Rescue Fund - Check [ ] if you wish to contribute a part or all of your tax refund to the [horse] equine shelter rescue fund. Enter here $_________ the amount of your contribution.".

          C. The provisions of this section do not apply to income tax refunds subject to interception under the provisions of the Tax Refund Intercept Program Act, and any designation made under the provisions of this section to such refunds is void."

     SECTION 2. Section 30-18-1.2 NMSA 1978 (being Laws 1999, Chapter 107, Section 3, as amended) is amended to read:

     "30-18-1.2. DISPOSITION OF SEIZED ANIMALS.--

          A. If the court finds that a seized animal is not being cruelly treated and that the animal's owner is able to provide for the animal adequately, the court shall return the animal to its owner.

          B. If the court finds that a seized animal is being cruelly treated or that the animal's owner is unable to provide for the animal adequately, the court shall hold a hearing to determine the disposition of the animal.

          C. An agent of the New Mexico livestock board, an animal control agency operated by the state, a county or a municipality, or an animal shelter or other animal welfare organization designated by an animal control agency or an animal shelter, in the custody of which an animal that has been cruelly treated has been placed may petition the court to request that the animal's owner may be ordered to post security with the court to indemnify the costs incurred to care and provide for the seized animal pending the disposition of any criminal charges of committing cruelty to animals pending against the animal's owner.

          D. The court shall determine the amount of security while taking into consideration all of the circumstances of the case including the owner's ability to pay, and may conduct periodic reviews of its order. If the posting of security is ordered, the New Mexico livestock board, animal control agency, animal shelter or animal welfare organization may, with permission of the court, draw from the security to indemnify the costs incurred to care and provide for the seized animal pending disposition of the criminal charges.

          E. If the owner of the animal does not post security within fifteen days after the issuance of the order, or if, after reasonable and diligent attempts the owner cannot be located, the animal may be deemed abandoned and relinquished to the New Mexico livestock board, animal control agency, animal shelter or animal welfare organization for adoption or humane destruction; provided that if the animal is livestock other than poultry associated with cockfighting, the animal may be sold pursuant to the procedures set forth in Section 77-18-2 NMSA 1978.

          F. Nothing in this section shall prohibit an owner from voluntarily relinquishing an animal to an animal control agency or shelter in lieu of posting security. A voluntary relinquishment shall not preclude further prosecution of any criminal charges alleging that the owner has committed felony cruelty to animals.

          G. Upon conviction, the court shall place the animal with an animal shelter or animal welfare organization for placement or for humane destruction.

          H. As used in this section, "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch and exotic animals in captivity and includes [horses, asses, mules] equines as defined in Section 77-2-1.1 NMSA 1978, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae but does not include canine or feline animals."

     SECTION 3. Section 77-2-1.1 NMSA 1978 (being Laws 1993, Chapter 248, Section 2, as amended) is amended to read:

     "77-2-1.1. DEFINITIONS.--As used in The Livestock Code:

          A. "animals" or "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch, including the carcasses thereof, and exotic animals in captivity and includes [horses, asses, mules] equines, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae upon any land in New Mexico. "Animals" or "livestock" does not include canine or feline animals;

          B. "bill of sale" means an instrument in substantially the form specified in The Livestock Code by which the owner or the owner's authorized agent transfers to the buyer the title to animals described in the bill of sale;

          C. "bison" or "buffalo" means a bovine animal of the species bison;

          D. "board" means the New Mexico livestock board;

          E. "bond" means cash or an insurance agreement from a New Mexico licensed surety or insurance corporation pledging surety for financial loss caused to another, including certificate of deposit, letter of credit or other surety as may be approved by the grain inspection, packers and stockyards administration of the United States department of agriculture or the board;

          F. "brand" means a symbol or device in a form approved by and recorded with the board as may be sufficient to readily distinguish livestock should they become intermixed with other livestock;

          G. "brand inspector" means an inspector who is not certified as a peace officer;

          H. "carcasses" means dead or dressed bodies of livestock or parts thereof;

          I. "cattle" means animals of the genus bos, including dairy cattle, and does not include any other kind of livestock;

          J. "dairy cattle" means animals of the genus bos raised not for consumption but for dairy products and distinguished from meat breed cattle;

          K. "director" means the executive director of the board;

          L. "disease" means a communicable, infectious or contagious disease;

          M. "district" means a livestock inspection district;

          N. "equine" means a horse, pony, mule, donkey or hinny;

          [N.] O. "estray" means livestock found running at large upon public or private lands, either fenced or unfenced, whose owner is unknown, or that is branded with a brand that is not on record in the office of the board or is a freshly branded or marked offspring not with its branded or marked mother, unless other proof of ownership is produced;

          [O.] P. "inspector" means a livestock or brand inspector;

          [P.] Q. "livestock inspector" means a certified inspector who is granted full law enforcement powers for enforcement of The Livestock Code and other criminal laws relating to livestock;

          [Q.] R. "mark" means an ear tag or ownership mark that is not a brand;

          [R.] S. "meat" means the edible flesh of poultry, birds or animals sold for human consumption and includes livestock, poultry and livestock and poultry products;

          [S.] T. "mule" means a hybrid resulting from the cross of a horse and an ass; and

          [T.] U. "person" means an individual, firm, partnership, association, corporation or similar legal entity."

     SECTION 4. Section 77-2-30 NMSA 1978 (being Laws 2005, Chapter 236, Section 1) is amended to read:

     "77-2-30. [HORSE] EQUINE RESCUE OR RETIREMENT FACILITY--REGISTRATION--BOARD POWERS AND DUTIES--FEES.--

          A. As used in this section, "facility" means [a horse] an equine rescue or retirement facility, including a private reserve or private preserve, that advertises [of] or solicits for [horses] equines and provides lifelong care or finds new owners for [horses] equines that are unwanted or have been neglected or abused or captured wild [horses] equines that cannot be returned to their range.

          B. A facility shall not operate in New Mexico unless registered by the board.

          C. The board shall:

                (1) register facilities that meet the requirements of this section;

                (2) annually consult with representatives from the equine industry, equine rescue organizations and veterinarians on facility standards; and

                (3) after consideration of recommendations by national organizations for the care of unwanted [horses] equines and equine rescue and retirement facilities, promulgate rules for facilities, including:

                     (a) health and sanitary requirements;

                     (b) standards for barns, paddocks, pastures and ranges;

                     (c) qualifications of the facility staff;

                     (d) provision of veterinary care;

                     (e) feeding and watering requirements;

                     (f) transportation; [and]

                     (g) a process to issue a temporary capacity waiver to a facility for the purpose of transferring equines in the custody of the board to a facility; and

                     [(g)] (h) other requirements necessary to ensure the humane care of [horses] equines.

          D. The board may charge the following fees:

                (1) an initial inspection and registration fee of not more than two hundred fifty dollars ($250);

                (2) an annual inspection and registration fee of not more than one hundred dollars ($100); and

                (3) reinspection fees of not more than one hundred dollars ($100).

          E. Fees collected pursuant to this section shall be deposited in the New Mexico livestock board general fund and may be used to carry out the provisions of [Sections 1 and 2 of this act] this section and Section 77-2-31 NMSA 1978."

     SECTION 5. Section 77-2-31 NMSA 1978 (being Laws 2005, Chapter 236, Section 2) is amended to read:

     "77-2-31. [HORSE] EQUINE RESCUE OR RETIREMENT FACILITIES--INSPECTIONS--REINSPECTION.--

          A. Prior to annual registration, each facility shall be inspected in accordance with board rules.

          B. The board or its agents may enter the premises of a facility to conduct unannounced inspections.

          C. If, following an inspection, the board determines that the facility does not meet the board's minimum facility requirements, it shall give the registrant written notice of the deficiencies and schedule a reinspection, allowing a reasonable time for the registrant to correct the deficiencies.

          D. The registrant shall remedy the deficiencies and submit evidence to the board demonstrating compliance with board rules for the facility.

          E. If on reinspection the board determines that the facility is still deficient in those areas for which it has been given written notice, the [horses] equines may be impounded in accordance with