New Mexico 2023 Regular Session Status: Enacted 1 D cosponsors

SB 271 — EQUINE DEFINITION

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2023. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on March 30, 2023.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

576 added · 926 removed

Plain-language change summary

The key change in Bill SB 271 is the definition of the term "equine," which has been officially substituted for "horse" throughout the legislation. This update is important because it broadens the scope of the law to potentially include other members of the equine family, such as donkeys and mules, enhancing protection and support for all types of equine animals. Additionally, the bill makes it easier for individuals to donate part of their tax refunds to an equine shelter rescue fund, which can help improve resources for animal rescue efforts.

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SENATE BILL 271 56TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Carrie Hamblen This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AN ACT RELATING TO LIVESTOCK;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
DEFINING "EQUINE" AND SUBSTITUTING THAT TERM FOR "HORSE";
h AN ACT g o RELATING TO LIVESTOCK;
DEFINING "EQUINE" AND SUBSTITUTING THAT t hr g e i k TERM FOR "HORSE";
h r i s AMENDING THE LIVESTOCK CODE AND OTHER SECTIONS OF THE NMSA h , t, 1978.
AMENDING THE LIVESTOCK CODE AND OTHER SECTIONS OF THE NMSA 1978.
e u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
l ] b ,d i a º e SECTION 1.
SECTION 1.
Section 7-2-30.7 NMSA 1978 (being Laws 2013, r i = r t e w d m a n o Chapter 49, Section 2) is amended to read:
Section 7-2-30.7 NMSA 1978 (being Laws 2013, Chapter 49, Section 2) is amended to read:
d m :
"7-2-30.7.
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e e a n e d r e l u [ A d "7-2-30.7.
OPTIONAL DESIGNATION OF TAX REFUND CONTRIBUTION--EQUINE SHELTER RESCUE FUND.-- A.
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 equine shelter rescue fund.
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.
"[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.
"Equine Shelter Rescue Fund - Check [ ] if you wish to contribute a part or all of your tax refund to the equine shelter rescue fund.
h Enter here $_________ the amount of your g o t hr contribution.".
Enter here SB 271 Page 1 $_________ the amount of your contribution.".
g e i k C.
C.
The provisions of this section do not apply to h r i s income tax refunds subject to interception under the provisions h , t, of the Tax Refund Intercept Program Act, and any designation e u g e b l e e h made under the provisions of this section to such refunds is n d d i = = o h void." l ] b ,d i a º e SECTION 2.
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, r i = r t e w d m a n o Chapter 107, Section 3, as amended) is amended to read:
Section 30-18-1.2 NMSA 1978 (being Laws 1999, Chapter 107, Section 3, as amended) is amended to read:
d m :
"30-18-1.2.
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 2 - e a n e d r e l u [ A d "30-18-1.2.
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 h with the court to indemnify the costs incurred to care and u » r provide for the seized animal pending the disposition of any t h g e l i criminal charges of committing cruelty to animals pending h r i s against the animal's owner.
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 SB 271 Page 2 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.
h , e h D.
D.
The court shall determine the amount of security t u g e b l e e , gh while taking into consideration all of the circumstances of the n d d i = = o h case including the owner's ability to pay, and may conduct l ] b ,d i a º r periodic reviews of its order.
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 e r = t e w d m a n o ordered, the New Mexico livestock board , animal control agency, d m :
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.
b r e t º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 3 - e a n e d r e l u [ A d 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.
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;
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;
Nothing in this section shall prohibit an owner from voluntarily relinquishing an animal to an animal control h agency or shelter in lieu of posting security.
Nothing in this section shall prohibit an owner from voluntarily relinquishing an animal to an animal control SB 271 Page 3 agency or shelter in lieu of posting security.
A voluntary u » r relinquishment shall not preclude further prosecution of any t h g e l i criminal charges alleging that the owner has committed felony h r i s cruelty to animals.
A voluntary relinquishment shall not preclude further prosecution of any criminal charges alleging that the owner has committed felony cruelty to animals.
h , e h G.
G.
Upon conviction, the court shall place the t u g e b l e e , gh animal with an animal shelter or animal welfare organization n d d i = = o h for placement or for humane destruction.
Upon conviction, the court shall place the animal with an animal shelter or animal welfare organization for placement or for humane destruction.
l ] b ,d i a º r H.
H.
As used in this section, "livestock" means all e r = t e w d m a n o domestic or domesticated animals that are used or raised on a d m :
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 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.
b r e t º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 4 - e a n e d r e l u [ A d 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.
"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" 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 equines, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae upon any land in New Mexico.
h B.
B.
"bill of sale" means an instrument in g o t hr substantially the form specified in The Livestock Code by which g e i k the owner or the owner's authorized agent transfers to the h r i s buyer the title to animals described in the bill of sale;
"bill of sale" means an instrument in SB 271 Page 4 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;
h , t, C.
C.
"bison" or "buffalo" means a bovine animal of e u g e b l e e h the species bison;
"bison" or "buffalo" means a bovine animal of the species bison;
n d d i = = o h D.
D.
l ] b ,d i a º e E.
E.
"bond" means cash or an insurance agreement from r i = r t e w d m a n o a New Mexico licensed surety or insurance corporation pledging d m :
"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;
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b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 5 - e a n e d r e l u [ A d 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;
h J.
J.
"dairy cattle" means animals of the genus bos g o t hr raised not for consumption but for dairy products and g e i k distinguished from meat breed cattle;
"dairy cattle" means animals of the genus bos SB 271 Page 5 raised not for consumption but for dairy products and distinguished from meat breed cattle;
h r i s K.
K.
"director" means the executive director of the h , t, board;
"director" means the executive director of the board;
e u g e b l e e h L.
L.
"disease" means a communicable, infectious or n d d i = = o h contagious disease;
"disease" means a communicable, infectious or contagious disease;
l ] b ,d i a º e M.
M.
"district" means a livestock inspection r i = r t e w d m a n o district;
"district" means a livestock inspection district;
d m :
N.
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 6 - e a n e d r e l u [ A d N.
[N.] O.
O.
[O.
P.
] P.
[P.
Q.
] Q.
[Q.
R.
] R.
h [R.
S.
] S.
"meat" means the edible flesh of poultry, birds SB 271 Page 6 or animals sold for human consumption and includes livestock, poultry and livestock and poultry products;
"meat" means the edible flesh of poultry, g o t hr birds or animals sold for human consumption and includes g e i k livestock, poultry and livestock and poultry products;
T.
h r i s [S.
"mule" means a hybrid resulting from the cross of a horse and an ass;
] T.
and U.
"mule" means a hybrid resulting from the h , t, cross of a horse and an ass;
"person" means an individual, firm, partnership, association, corporation or similar legal entity." SECTION 4.
and e u g e b l e e h [T.
Section 77-2-30 NMSA 1978 (being Laws 2005, Chapter 236, Section 1) is amended to read:
] U.
"77-2-30.
"person" means an individual, firm, n d d i = = o h partnership, association, corporation or similar legal entity." l ] b ,d i a º e SECTION 4.
EQUINE RESCUE OR RETIREMENT FACILITY-- REGISTRATION--BOARD POWERS AND DUTIES--FEES.-- A.
Section 77-2-30 NMSA 1978 (being Laws 2005, r i = r t e w d m a n o Chapter 236, Section 1) is amended to read:
As used in this section, "facility" means an equine rescue or retirement facility, including a private reserve or private preserve, that advertises or solicits for equines and provides lifelong care or finds new owners for equines that are unwanted or have been neglected or abused or captured wild equines that cannot be returned to their range.
d m :
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 7 - e a n e d r e l u [ A d "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.
(2) annually consult with representatives from the equine industry, equine rescue organizations and h veterinarians on facility standards;
(2) annually consult with representatives from the equine industry, equine rescue organizations and veterinarians on facility standards;
and g o t hr (3) after consideration of recommendations by g e i k national organizations for the care of unwanted [horses ] h r i s equines and equine rescue and retirement facilities, promulgate h , t, rules for facilities, including:
and SB 271 Page 7 (3) after consideration of recommendations by national organizations for the care of unwanted equines and equine rescue and retirement facilities, promulgate rules for facilities, including:
e u g e b l e e h (a) health and sanitary requirements;
(a) health and sanitary requirements;
n d d i = = o h (b) standards for barns, paddocks, l ] b ,d i a º e pastures and ranges;
(b) standards for barns, paddocks, pastures and ranges;
r i = r t e w d m a n o (c) qualifications of the facility d m :
(c) qualifications of the facility staff;
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 8 - e a n e d r e l u [ A d staff;
[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;
(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.
and (h) other requirements necessary to ensure the humane care of equines.
h E.
E.
Fees collected pursuant to this section shall be g o t hr deposited in the New Mexico livestock board general fund and g e i k may be used to carry out the provisions of [Sections 1 and 2 of h r i s this act] this section and Section 77-2-31 NMSA 1978." h , t, SECTION 5.
Fees collected pursuant to this section shall SB 271 Page 8 be deposited in the New Mexico livestock board general fund and may be used to carry out the provisions of this section and Section 77-2-31 NMSA 1978." SECTION 5.
Section 77-2-31 NMSA 1978 (being Laws 2005, e u g e b l e e h Chapter 236, Section 2) is amended to read:
Section 77-2-31 NMSA 1978 (being Laws 2005, Chapter 236, Section 2) is amended to read:
n d d i = = o h "77-2-31.
"77-2-31.
[HORSE ] EQUINE RESCUE OR RETIREMENT l ] b ,d i a º e FACILITIES--INSPECTIONS--REINSPECTION.-- r i = r t e w d m a n o A.
EQUINE RESCUE OR RETIREMENT FACILITIES--INSPECTIONS--REINSPECTION.-- A.
Prior to annual registration, each facility d m :
Prior to annual registration, each facility shall be inspected in accordance with board rules.
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 9 - e a n e d r e l u [ A d shall be inspected in accordance with board rules.
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 the provisions of Section 77-18-2 h NMSA 1978 and the board shall hold a hearing as provided in the g o t hr Uniform Licensing Act to determine if the registration should g e i k be suspended or revoked.
If on reinspection the board determines that the facility is still deficient in those areas for which it has been given written notice, the equines may be impounded in accordance with the provisions of Section 77-18-2 NMSA and the board shall hold a hearing as provided in the SB 271 Page 9 Uniform Licensing Act to determine if the registration should be suspended or revoked.
h r i s F.
F.
If a facility's registration is suspended or h , t, revoked, the board shall place the [horses ] equines in another e u g e b l e e h facility." n d d i = = o h SECTION 6.
If a facility's registration is suspended or revoked, the board shall place the equines in another facility." SECTION 6.
Section 77-2-32 NMSA 1978 (being Laws 2013, l ] b ,d i a º e Chapter 49, Section 1) is amended to read:
Section 77-2-32 NMSA 1978 (being Laws 2013, Chapter 49, Section 1) is amended to read:
r i = r t e w d m a n o "77-2-32.
"77-2-32.
[HORSE ] EQUINE SHELTER RESCUE FUND--CREATED.-- d m :
EQUINE SHELTER RESCUE FUND--CREATED.-- A.
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 10 - e a n e d r e l u [ A d A.
The "equine shelter rescue fund" is created as a nonreverting fund in the state treasury.
The "[horse] equine shelter rescue fund" is created as a nonreverting fund in the state treasury.
The fund consists of appropriations, gifts, grants, donations and amounts designated pursuant to Section 7-2-30.7 NMSA 1978.
The fund consists of appropriations, gifts, grants, donations and amounts designated pursuant to Section [2 of this 2013 act ] 7-2-30.7 NMSA 1978 .
The board shall administer the fund, and money in the fund is appropriated to the board to carry out the intent of aiding equine rescues and homeless equines in the state.
The board shall administer the fund, and money in the fund is appropriated to the board to carry out the intent of aiding [horse ] equine rescues and homeless [horses] equines in the state.
The board shall establish by rule the distribution of funds from the [horse ] equine shelter rescue fund to [horse ] equine rescue and retirement facilities registered by the board pursuant to Section 77-2-30 NMSA 1978, taking into consideration the number of [horses ] equines being cared for in each facility and the need of each facility." SECTION 7.
The board shall establish by rule the distribution of funds from the equine shelter rescue fund to equine rescue and retirement facilities registered by the board pursuant to Section 77-2-30 NMSA 1978, taking into consideration the number of equines being cared for in each facility and the need of each facility." SECTION 7.
h "77-13-4.
"77-13-4.
OWNER UNKNOWN--PUBLICATION AND POSTING OF g o t hr NOTICE.-- g e i k A.
OWNER UNKNOWN--PUBLICATION AND POSTING OF NOTICE.-- SB 271 Page 10 A.
If the director [of the New Mexico livestock h r i s board] is unable to determine from the records and description h , t, who is the owner or probable owner of [such ] an estray, [or e u g e b l e e h estrays, he] the director shall publish at least once in some n d d i = = o h publication in general circulation in the county in which the l ] b ,d i a º e estray animal was picked up, [said ] the publication to be r i = r t e w d m a n o designated by the [New Mexico livestock ] board, a notice of d m :
If the director is unable to determine from the records and description who is the owner or probable owner of an estray, the director shall publish at least once in some publication in general circulation in the county in which the estray animal was picked up, the publication to be designated by the board, a notice of the estray.
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 11 - e a n e d r e l u [ A d [such] the estray [which].
For an estray that is not an equine, the notice shall give a description of the animal [or animals ], shall state when and where [the same were ] the animal was impounded and shall give notice that unless the animal [or animals are ] is claimed by the legal owner within five days after the publication of the notice, the [same ] animal shall be sold by the [New Mexico livestock ] board for the benefit of the owner when found.
For an estray that is not an equine, the notice shall give a description of the animal, shall state when and where the animal was impounded and shall give notice that unless the animal is claimed by the legal owner within five days after the publication of the notice, the animal shall be sold by the board for the benefit of the owner when found.
(1) state when and where the equine was impounded and shall give notice that, unless the equine is claimed by the legal owner within five days after publication of the notice, a registered equine rescue or retirement facility shall be given the right of first refusal to purchase h the equine for an ownership transfer fee equal to all actual g o t hr costs incurred by the impounding agency in caring for the g e i k equine while the equine was impounded;
(1) state when and where the equine was impounded and shall give notice that, unless the equine is claimed by the legal owner within five days after publication of the notice, a registered equine rescue or retirement facility shall be given the right of first refusal to purchase the equine for an ownership transfer fee equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded;
and h r i s (2) give notice that if a registered equine h , t, rescue or retirement facility is unable or unwilling to e u g e b l e e h purchase the equine, the board shall auction the equine through n d d i = = o h a sealed-bid process administered by the board and established l ] b ,d i a º e in rule and that if the equine is not purchased through the r i = r t e w d m a n o sealed-bid process, the board may pursue an alternative d m :
and (2) give notice that if a registered equine rescue or retirement facility is unable or unwilling to purchase the equine, the board shall auction the equine SB 271 Page 11 through a sealed-bid process administered by the board and established in rule and that if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian." SECTION 8.
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 12 - e a n e d r e l u [ A d placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian." SECTION 8.
[SALE] DISPOSITION OF UNCLAIMED ESTRAYS--BILL OF SALE--EFFECT--SALE WITHOUT ADVERTISEMENT--CONDITIONS.-- A.
DISPOSITION OF UNCLAIMED ESTRAYS--BILL OF SALE--EFFECT--SALE WITHOUT ADVERTISEMENT--CONDITIONS.-- A.
If an estray that is not an equine is not claimed within five days after SJCº the last»SJC publication of notice, it may be sold by the board through an inspector in such manner as the board may direct.
If an estray that is not an equine is not claimed within five days after publication of notice, it may be sold by the board through an inspector in such manner as the board may direct.
The inspector making the sale shall give a bill of sale to the purchaser from the board, signed by [himself as ] the inspector.
The inspector making the sale shall give a bill of sale to the purchaser from the board, signed by the inspector.
In h such case, the board shall publish notice of the proceeds from g o t hr the sale of the estray in the same manner and for the same g e i k length of time as provided for the notice of the sale and shall h r i s hold and distribute the proceeds from the sale in the same h , t, manner as if the sale were made after notice.
In such case, the board shall publish notice of the proceeds from the sale of the estray in the same manner and for the same length of time as provided for the notice of the sale and shall hold and distribute the proceeds from the sale in the same manner as if the sale were made after notice.
e u g e b l e e h B.
B.
If the estray is an equine and the equine is not n d d i = = o h claimed within five days after SJCºthe last»SJC publication of l ] b ,d i a º e notice:
If the estray is an equine and the equine is SB 271 Page 12 not claimed within five days after publication of notice:
r i = r t e w d m a n o (1) the board shall give a registered equine d m :
(1) the board shall give a registered equine rescue or retirement facility the right of first refusal to purchase the equine for an ownership transfer fee;
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 13 - e a n e d r e l u [ A d rescue or retirement facility the right of first refusal to purchase the equine for an ownership transfer fee;
and (6) if the equine is not purchased through the h sealed-bid process, the board may pursue an alternative g o t hr placement for care with a last resort option to humanely g e i k euthanize the equine by a licensed veterinarian." h r i s SECTION 9.
and (6) if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian." SECTION 9.
Section 77-14-7 NMSA 1978 (being Laws 1909, h , t, Chapter 146, Section 4, as amended) is amended to read:
Section 77-14-7 NMSA 1978 (being Laws 1909, Chapter 146, Section 4, as amended) is amended to read:
e u g e b l e e h "77-14-7.
SB 271 Page 13 "77-14-7.
LIVESTOCK RUNNING AT LARGE--WHEN UNLAWFUL-- n d d i = = o h IMPOUNDING--[SALE ] DISPOSITION--SUIT FOR DAMAGES.-- l ] b ,d i a º e A.
LIVESTOCK RUNNING AT LARGE--WHEN UNLAWFUL-- IMPOUNDING--DISPOSITION--SUIT FOR DAMAGES.-- A.
It is unlawful for the owners of livestock to r i = r t e w d m a n o willfully allow the livestock to run at large within the town, d m :
It is unlawful for the owners of livestock to willfully allow the livestock to run at large within the town, conservancy district, irrigation district or military reservation or enclave.
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 14 - e a n e d r e l u [ A d conservancy district, irrigation district or military reservation or enclave.
For livestock that is not an equine , the sheriff or other peace officer or proper military authority or the board shall impound livestock found running at large and sell the livestock at public auction to the highest bidder for cash after giving notice of the time and place of sale in some newspaper published in the county where the violation occurred three days prior to the day of sale;
For livestock that is not an equine, the sheriff or other peace officer or proper military authority or the board shall impound livestock found running at large and sell the livestock at public auction to the highest bidder for cash after giving notice of the time and place of sale in some newspaper published in the county where the violation occurred three days prior to the day of sale;
The proceeds up to ten dollars ($10.00) per day for each animal shall be retained by the h impounding authority to cover its expense and fees.
The proceeds up to ten dollars ($10.00) per day for each animal shall be retained by the impounding authority to cover its expense and fees.
The u » r balance, if any, shall be paid to the general fund.
The balance, if any, shall be paid to the general fund.
t h g e l i C.
C.
For livestock that is an equine, the sheriff, h r i s other peace officer, proper military authority or the board h , e h shall impound the equine running at large and give notice in t u g e b l e e , gh some newspaper published in the county where the violation n d d i = = o h occurred SJCºof»SJC SJCºthree days prior to the day of l ] b ,d i a º r disposition.
For livestock that is an equine, the sheriff, other peace officer, proper military authority or the board SB 271 Page 14 shall impound the equine running at large and give notice in some newspaper published in the county where the violation occurred of three days prior to the day of disposition.
The notice shall include»SJC a description of the e r = t e w d m a n o equine and state when and where the equine was impounded and d m :
The notice shall include a description of the equine and state when and where the equine was impounded and that:
b r e t º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 15 - e a n e d r e l u [ A d that:
and h (4) any proceeds from the sale of an equine u » r pursuant to this subsection shall be retained by the impounding t h g e l i authority to cover its expenses and costs, and the balance, if h r i s any, shall be paid to the general fund.
and (4) any proceeds from the sale of an equine pursuant to this subsection shall be retained by the impounding authority to cover its expenses and costs, and the balance, if any, shall be paid to the general fund.
h , e h [C.] D.
SB 271 Page 15 D.
The owner of livestock impounded may redeem t u g e b l e e , gh the livestock at any time prior to [sale ] disposition by paying n d d i = = o h the impound fees and costs incurred for each day or portion of l ] b ,d i a º r a day that the livestock has been in custody;
The owner of livestock impounded may redeem the livestock at any time prior to disposition by paying the impound fees and costs incurred for each day or portion of a day that the livestock has been in custody;
provided that in e r = t e w d m a n o the case of a military reservation or enclave, redemption shall d m :
provided that in the case of a military reservation or enclave, redemption shall be allowed pursuant to Section 77-14-36 NMSA 1978.
b r e t º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 16 - e a n e d r e l u [ A d be allowed pursuant to Section 77-14-36 NMSA 1978.
E.
[D.
A person claiming damages for violation of the provisions of Subsection A of this section may file suit to recover damages as in other civil cases;
] E.
A person claiming damages for violation of the [order ] provisions of Subsection A of this section may file suit to recover damages as in other civil cases;
Any livestock found to be in trespass upon the lands of another or running at large upon any public highway [which] that is fenced on both sides or running at large within the limits of any municipality, town or village, whether incorporated or not, or within a military reservation or enclave [whether incorporated or not ] is subject to impoundment h by an agent of the [New Mexico livestock ] board.
Any livestock found to be in trespass upon the lands of another or running at large upon any public highway that is fenced on both sides or running at large within the limits of any municipality, town or village, whether incorporated or not, or within a military reservation or enclave is subject to impoundment by an agent of the board.
The place of g o t hr impoundment shall be at the nearest or most convenient location g e i k from where the trespass occurred.
The place of impoundment shall be at the nearest or most convenient location from where the trespass occurred.
h r i s B.
B.
Any livestock impounded under the provisions of h , t, this section [will ] shall be released to the owner or [his] the e u g e b l e e h owner's representative upon the payment by the owner of a fee n d d i = = o h set by regulation of the [New Mexico livestock ] board not to l ] b ,d i a º e exceed amounts prescribed by law for impounding [if any r i = r t e w d m a n o incurred].
Any livestock impounded under the provisions of this section shall be released to the owner or the owner's SB 271 Page 16 representative upon the payment by the owner of a fee set by regulation of the board not to exceed amounts prescribed by law for impounding.
d m :
C.
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 17 - e a n e d r e l u [ A d C.
The board shall designate a custodian and a place of impoundment and allow a reasonable fee to be charged by the custodian of the impounded livestock;
The [New Mexico livestock] board shall designate [the person ] a custodian and a place of impoundment and allow a reasonable fee to be charged by the custodian of the impounded livestock;
If the owner does not pay the charges and reclaim possession of the livestock within five days after receipt of notification by the owner, the livestock shall be considered unclaimed estrays and may be [sold ] disposed of in accordance with the provisions of Section h 77-13-5 NMSA 1978." g o t hr SECTION 11.
If the owner does not pay the charges and reclaim possession of the livestock within five days after receipt of notification by the owner, the livestock shall be considered unclaimed estrays and may be disposed of in accordance with the provisions of Section 77-13-5 NMSA 1978." SECTION 11.
Section 77-18-2 NMSA 1978 (being Laws 1987, g e i k Chapter 151, Section 1, as amended) is amended to read:
Section 77-18-2 NMSA 1978 (being Laws 1987, Chapter 151, Section 1, as amended) is amended to read:
h r i s "77-18-2.
"77-18-2.
SEIZURE AND DISPOSITION OF CRUELLY TREATED h , t, LIVESTOCK.-- e u g e b l e e h A.
SEIZURE AND DISPOSITION OF CRUELLY TREATED LIVESTOCK.-- A.
If a livestock inspector or other peace officer n d d i = = o h has reason to believe that livestock [is ] are being cruelly l ] b ,d i a º e treated, the inspector or peace officer may apply to a court in r i = r t e w d m a n o the county where the livestock [is ] are located for a warrant d m :
If a livestock inspector or other peace officer has reason to believe that livestock are being cruelly SB 271 Page 17 treated, the inspector or peace officer may apply to a court in the county where the livestock are located for a warrant to seize the allegedly cruelly treated livestock.
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 18 - e a n e d r e l u [ A d to seize the allegedly cruelly treated livestock.
On a showing of probable cause to believe that the livestock [is ] are being cruelly treated, the court shall issue a warrant for the seizure of the livestock and set the matter for hearing as expeditiously as possible within thirty days unless good cause for a later time is demonstrated by the state.
On a showing of probable cause to believe that the livestock are being cruelly treated, the court shall issue a warrant for the seizure of the livestock and set the matter for hearing as expeditiously as possible within thirty days unless good cause for a later time is demonstrated by the state.
Otherwise, the judge or magistrate executing the warrant shall notify the board, have the livestock impounded and give written notice to the owner of the livestock of the h time and place of a hearing to determine disposition of the g o t hr livestock.
Otherwise, the judge or magistrate executing the warrant shall notify the board, have the livestock impounded and give written notice to the owner of the livestock of the time and place of a hearing to determine disposition of the livestock.
All interested parties, including the district g e i k attorney, shall be given an opportunity to present evidence at h r i s the hearing.
All interested parties, including the district attorney, shall be given an opportunity to present evidence at the hearing.
h , t, D.
D.
[All interested parties, including the district e u g e b l e e h attorney, shall be given an opportunity to present evidence at n d d i = = o h the hearing, and] For livestock that is not an equine:
For livestock that is not an equine:
l ] b ,d i a º e (1) if the court finds that the owner has r i = r t e w d m a n o cruelly treated the livestock, the court shall order the sale d m :
(1) if the court finds that the owner has cruelly treated the livestock, the court shall order the sale SB 271 Page 18 of the livestock at fair market value or order humane destruction;
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 19 - e a n e d r e l u [ A d of the livestock at fair market value or order humane destruction;
provided that if the livestock are ordered sold, the sale shall occur within ten days of the order;
provided that if the livestock [is] are ordered sold, the sale shall occur within ten days of the order;
[E.] (2) if the court orders the sale of the livestock, the board shall take proper action to ensure that the livestock [is] are sold at fair market value, including acceptance of reasonable bids or sale at auction;
(2) if the court orders the sale of the livestock, the board shall take proper action to ensure that the livestock are sold at fair market value, including acceptance of reasonable bids or sale at auction;
and [F.] (3) proceeds from the sale of the livestock shall be forwarded to the court ordering the sale;
and (3) proceeds from the sale of the livestock shall be forwarded to the court ordering the sale;
provided that from these proceeds, the court shall pay all expenses incurred in caring for the livestock while [it was ] h they were impounded and any expenses involved in [its] their g o t hr sale;
provided that from these proceeds, the court shall pay all expenses incurred in caring for the livestock while they were impounded and any expenses involved in their sale;
and further provided that any excess proceeds of the sale g e i k shall be forwarded to the former owner;
and further provided that any excess proceeds of the sale shall be forwarded to the former owner;
and further provided h r i s that if the expenses incurred in caring for and selling the h , t, livestock exceed the amount received from the sale, the court e u g e b l e e h shall order the former owner to pay the additional cost.
and further provided that if the expenses incurred in caring for and selling the livestock exceed the amount received from the sale, the court shall order the former owner to pay the additional cost.
n d d i = = o h E.
E.
l ] b ,d i a º e (1) if the court finds that the owner has r i = r t e w d m a n o cruelly treated the equine, the court shall give a registered d m :
(1) if the court finds that the owner has cruelly treated the equine, the court shall give a registered SB 271 Page 19 equine rescue or retirement facility the right of first refusal to purchase the equine for an ownership transfer fee equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded;
b e d s º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 20 - e a n e d r e l u [ A d equine rescue or retirement facility the right of first refusal to purchase the equine for an ownership transfer fee equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded;
h (a) the board shall auction the equine u » r through a sealed-bid process administered by the board and t h g e l i established by rule;
(a) the board shall auction the equine through a sealed-bid process administered by the board and established by rule;
h r i s (b) any proceeds from the sale less h , e h expenses incurred in caring for the equine while the equine was t u g e b l e e , gh impounded shall be forwarded to the former owner;
(b) any proceeds from the sale less expenses incurred in caring for the equine while the equine was impounded shall be forwarded to the former owner;
n d d i = = o h (c) if the expenses incurred in caring l ] b ,d i a º r for the equine exceed the proceeds from the sale, the court e r = t e w d m a n o shall order the former owner to pay the additional costs;
(c) if the expenses incurred in caring for the equine exceed the proceeds from the sale, the court SB 271 Page 20 shall order the former owner to pay the additional costs;
and d m :
and (d) if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian;
b r e t º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e - 21 - e a n e d r e l u [ A d (d) if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian;
- 22 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
SB 271 Page 21 25
b r e t º o t n = .224403.1AIC February 27, 2023 (12:14pm) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Agriculture, Acequias & Water Resources Committee

  5. passed Senate

  6. DO PASS, as amended, committee report adopted

  7. DO PASS committee report adopted

  8. Sent to Senate Conservation Committee & Senate Judiciary Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 271?
SB 271 is sponsored by Carrie Hamblen (Democrat).
What is the current status of SB 271?
This bill has been enacted into law. Introduced January 30, 2023. Enacted.
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