FREE-ROAMING HORSES
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SB 301 — FREE-ROAMING HORSES
Last action — Sent to House Agriculture, Acequias & Water Resources Committee & House Judiciary Committee
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
371 added · 287 removedPlain-language change summary
The changes to Senate Bill 301 clarify that while the New Mexico Livestock Board has the authority to approve the qualifications of a free-roaming horse expert, it no longer has the power to create rules regarding that approval. Additionally, the bill emphasizes the use of fertility control, relocation, and adoption for managing free-roaming horse populations. This matters because it aims to promote humane management of these horses while ensuring that only qualified individuals are involved in their care and population control, potentially improving animal welfare and community safety.
SENATE BILL 301 56TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Brenda G.
McKenna and Matthew McQueen 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby ANIMALS;a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
ALLOWINGThe FERTILITYdocument CONTROL,is RELOCATIONa ANDtool ADOPTIONto OFshow FREE-ROAMINGamendments HORSESin UNDERcontext CERTAINand CIRCUMSTANCES;cannot be used for the purpose of adding amendments to legislation.
ALLOWINGh AAN FREE-ROAMINGACT HORSEg EXPERTo RELATING TO CONTROLANIMALS; THE POPULATION OF FREE-ROAMING HORSES ON CERTAIN LAND THROUGH CERTAIN METHODS;
REQUIRINGALLOWING THEFERTILITY NEWCONTROL, MEXICORELOCATION LIVESTOCKAND BOARDt TOhr APPROVEg THEe QUALIFICATIONSi OFk AADOPTION OF FREE-ROAMING HORSEHORSES EXPERT;UNDER CERTAIN CIRCUMSTANCES;
ALLOWINGh THEr NEWi es tALLOWING 17A MEXICOFREE-ROAMING LIVESTOCKHORSE BOARDEXPERT TO MAKECONTROL RULES REGARDING THE APPROVALPOPULATION OFh w, lt, nOF dFREE-ROAMING 18HORSES THEON QUALIFICATIONSCERTAIN OFLAND ATHROUGH FREE-ROAMINGCERTAIN HORSEMETHODS; EXPERT;
PROHIBITINGe =u =g 19e ab l e e h REQUIRING THE SLAUGHTERNEW ORMEXICO EXPORTLIVESTOCK FORBOARD SLAUGHTERTO APPROVE THE n d d i = = o h QUALIFICATIONS OF A FREE-ROAMING HORSES;HORSE EXPERT;
ALLOWING THE NEW l ] b ,d i a º e MEXICO LIVESTOCK BOARD TO MAKE RULES REGARDING THE APPROVAL OF r 20i PROVIDING= r t e w d m a n o THE QUALIFICATIONS OF A PENALTY.FREE-ROAMING HORSE EXPERT;
aPROHIBITING td m m: 21 d r e 22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
cb e d s º o t n = .223947.2AIC March 5, 2023 (12:24pm) s k 23m SECTIONe 1.e a n e d r e l u [ A d THE SLAUGHTER OR EXPORT FOR SLAUGHTER OF FREE-ROAMING HORSES;
SectionPROVIDING 77-2-30A NMSAPENALTY. 1978 (being Laws 2005, e a n b 24 Chapter 236, Section 1) is amended to read:
uBE [IT "77-2-30.ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
HORSESECTION RESCUE1. OR RETIREMENT FACILITY-- .223947.2 REGISTRATION--BOARD POWERS AND DUTIES--FEES.-- A.
AsSection used77-2-30 inNMSA this1978 section,(being "facility"Laws means2005, aChapter horse236, rescueSection or1) retirementis facility,amended including a private reserve or private preserve, that [advertises of solicits for horses and provides lifelong care or finds new owners for horses that are unwanted or have been neglected or abused or captured wild horses that cannot be returned to theirread: range] provides lifelong care or finds new owners for unwanted, abused or neglected horses or captured free-roaming horses.
B."77-2-30.
AHORSE facilityRESCUE shallOR notRETIREMENT operateFACILITY-- inREGISTRATION--BOARD NewPOWERS MexicoAND unlessDUTIES--FEES.-- registeredA. by the board.
C.As used in this section, "facility" means a horse rescue or retirement facility, including a private reserve or private preserve, that [advertises of solicits for horses and provides lifelong care or finds new owners for horses that are unwanted or have been neglected or abused or captured wild horses that cannot be returned to their range] provides lifelong care or finds new owners for unwanted, abused or neglected horses or captured free-roaming horses Sfl1º, but does not include a federal facility»Sfl1 .
h g B.
A facility shall not operate in New Mexico o t hr unless registered by the board.
g e i k C.
h r i s h (1) register facilities that meet the , t, e u g requirements of this section;
e b l e e h (2) annually consult with representatives from n d d i = = o h the equine industry, equine rescue organizations and l ] b ,d i a º e tr 17i = r veterinarians on facility standards;
and wt le nw d 18m a n o (3) after consideration of recommendations by =d = 19 a l national organizations for the care of unwanted horses and i a e r 20 equine rescue and retirement facilities, promulgate rules for a t m m: 21 facilities, including:
b e d s º o t n = .223947.2AIC March 5, 2023 (12:24pm) s k m e - 2 - e a n e d r e 22l (a)u health[ A d national organizations for the care of unwanted horses and sanitaryequine requirements;rescue and retirement facilities, promulgate rules for facilities, including:
c(a) ehealth s k 23 (b) standards for barns, paddocks, e a n b 24 pastures and ranges;sanitary requirements;
u(b) [standards (c)for qualificationsbarns, ofpaddocks, thepastures facilityand .223947.2ranges; - 2 - staff;
(c) qualifications of the facility staff;
h (2) an annual inspection and registration fee g o t hr of not more than one hundred dollars ($100);
and g e i k (3) reinspection fees of not more than one h r i s hundred dollars ($100).
h , t, E.
Fees collected pursuant to this section shall be e u g e b l e e h deposited in the New Mexico livestock board general fund and n d d i = = o h may be used to carry out the provisions of [Sections 1 and 2 of el t] 17b ,d i a º e this act] this section and Section 77-2-31 NMSA 1978." wr li n= r t e w d 18m a n o SECTION 2.
A new section of Chapter 77, Article 2 NMSA =d =m 19: a l 1978 is enacted to read:
ib a e rd 20s "[NEWº MATERIAL]o FREE-ROAMINGt HORSEn EXPERT--APPROVAL= OF.223947.2AIC aMarch t5, m2023 (12:24pm) s k m 21e QUALIFICATIONS--RULES.--- 3 - e a n e d r e 22l A.u [ A d is enacted to read:
The"[NEW boardMATERIAL] mayFREE-ROAMING approveHORSE theEXPERT--APPROVAL qualificationsOF ofQUALIFICATIONS--RULES.-- aA. c e s k 23 free-roaming horse expert for the purposes of managing a range e a n b 24 inhabited by a free-roaming horse or herd upon a finding that u [ the free-roaming horse expert has demonstrated:
.223947.2The -board 3may -approve (1)the expertisequalifications inof conductinga free-roaming horse expert for the purposes of managing a range inhabited by a free-roaming horse or herd surveys;upon a finding that the free-roaming horse expert has demonstrated:
(1) expertise in conducting free-roaming horse herd surveys;
Section 77-18-5 NMSA 1978 (being Laws 2007, h Chapter 216, Section 1) is amended to read:
g o t hr "77-18-5.
[WILD HORSES--CONFORMATION, HISTORY AND g e i k DEOXYRIBONUCLEIC ACID TESTING--SPANISH COLONIAL HORSES--BIRTH] h r i s FREE-ROAMING HORSES--HUMANE MANAGEMENT--FERTILITY CONTROL.-- h , t, [A.
e u g e b l e e h (1) "public land" does not include federal n d d i = = o h land controlled by the bureau of land management, the forest el t] 17b ,d i a º e service or state trust land controlled by the state land wr li n= r t e w d 18m a n o office;
Show all 73 changed lines (33 more)
=d = 19 a l (2) "range" means the amount of land necessary i a e r 20 to sustain a herd of wild horses, which does not exceed its a t m m: 21 known territorial limits;
b e d rs eº 22o (3)t "Spanishn colonial= horse".223947.2AIC meansMarch 5, 2023 (12:24pm) s k m e - 4 - e a wildn ce d r e sl ku 23[ horseA thatd is(2) descended"range" frommeans horsesthe amount of theland Spanishnecessary colonialto esustain a nherd bof 24wild period;horses, which does not exceed its known territorial limits;
and(3) u"Spanish [colonial (4) "wild horse" means ana unclaimedwild horse onthat .223947.2is -descended 4from -horses publicof landthe thatSpanish iscolonial notperiod; an estray.
and (4) "wild horse" means an unclaimed horse on public land that is not an estray.
If it is not a Spanish colonial horse, it shall be returned to the public land, relocated to a public or private h wild horse preserve or put up for adoption by the agency on u » r whose land the wild horse was captured.
t h g e l i C.
If the mammal division of the museum of h r i s southwestern biology at the university of New Mexico determines h , e h that a wild horse herd exceeds the number of horses that is t u g e b l e e , gh necessary for preserving the genetic stock of the herd and for n d d i = = o h preserving and maintaining the range, it may cause control of el t] 17b ,d i a º r the wild horse population through the use of birth control and we lr n= t e w d 18m a n o may cause excess horses to be:
=d =m 19: a l (1) humanely captured and relocated to other i a e r 20 public land or to a public or private wild horse preserve;
ab r e t mº mo 21t (2)n adopted= by.223947.2AIC aMarch qualified5, person2023 for(12:24pm) privates k m e - 5 - e a n e d r e 22l maintenance;u [ A d (1) humanely captured and relocated to other public land or to a public or private wild horse preserve;
or(2) cadopted eby sa kqualified 23person (3)for euthanized;private maintenance;
provided that this option e a n b 24 applies only to wild horses that are determined by a u [ veterinarian to be crippled or otherwise(3) unhealthy.]euthanized; .223947.2 - 5 - A.
provided that this option applies only to wild horses that are determined by a veterinarian to be crippled or otherwise unhealthy.] A.
(2) humane capture and relocation to a horse h rescue or retirement facility or public or private horse g o t hr preserve that is registered with the board or an out-of-state g e i k facility that meets the board's facility standards for lifelong h r i s sanctuary care or for the purposes of adoption of the h , t, free-roaming horse or horses;
e u g e b l e e h (3) humane capture and relocation to a range, n d d i = = o h with the permission of the landowner, that has the capacity to el t] 17b ,d i a º e sustain free-roaming horse herds or family bands;
or wr li n= r t e w d 18m a n o (4) for a horse with an untreatable medical =d =m 19: a l condition that significantly impacts the horse's quality of i a e r 20 life, humane euthanasia.
ab e d s º o t mn = .223947.2AIC March 5, 2023 (12:24pm) s k m 21e B.- 6 - e a n e d r e l u [ A d condition that significantly impacts the horse's quality of life, humane euthanasia.
AB. free-roaming horse captured pursuant to this d r e 22 section and relocated to a horse rescue or retirement facility c e s k 23 or a public or private horse preserve shall be microchipped or e a n b 24 freeze branded for individual and ownership identification u [ purposes.
.223947.2A -free-roaming 6horse -captured C.pursuant to this section and relocated to a horse rescue or retirement facility or a public or private horse preserve shall be microchipped or freeze branded for individual and ownership identification purposes.
C.
D.Sfl1ºD.
Nothing in this section shall affect the federal bureau of land management's authority to manage free- roaming horses that are not subject to the federal Wild Free- Roaming Horses and Burros Act and found on lands administered by the federal bureau of land management, including the federal bureau of land management's authority to gather, remove and h sell free-roaming horses in accordance with applicable law, u » r regulations and policy.»Sfl1 t h g e l i Sfl1ºD.»Sfl1 Sfl1ºE.»Sfl1 A person shall not h r i s slaughter, allow to be slaughtered or export for slaughter a h , e h free-roaming horse.
Each horse that is slaughtered, allowed to t u g e b l e e , gh be slaughtered or exported for slaughter constitutes a separate n d d i = = o h offense.
A person who violates this subsection is guilty of a l ] b ,d i a º r misdemeanor and upon conviction shall be sentenced in e r = t e w d m a n o accordance with the provisions of Section 31-19-1 NMSA 1978.
E.d m :
b r e t º o t n = .223947.2AIC March 5, 2023 (12:24pm) s k m e - 7 - e a n e d r e l u [ A d Sfl1ºE.»Sfl1 Sfl1ºF.»Sfl1 As used in this section:
e t 17 (2) "carrying capacity" means the number of w l n d 18 grazing animals that a given amount of land can support = = 19 a l long-term while maintaining or improving the vegetation, soils i a e r 20 and water;
a t m m 21 (3) "free-roaming horse" means an unclaimed d r e 22 horse found at large that is not an estray and does not include c e s k 23 equines subject to the jurisdiction of the federal government e a n b 24 pursuant to the federal Wild Free-Roaming Horses and Burros uAct [Sfl1ºor Act;found on lands administered by the federal bureau of h land management»Sfl1 ;
.223947.2u -» 7r - (4) "humane capture" means to gather or move t h g e l i free-roaming horses to a holding location using baited corrals h r i s or other low-stress methods whenever feasible, but does not h , e h include use of aircraft or motorized vehicles;
t u g e b l e e , gh (5) "humane euthanasia" means to produce a n d d i = = o h humane death of an animal, as recommended by a veterinarian due l ] b ,d i a º r to an untreatable medical condition that significantly impacts thee horse'sr quality= oft life,e byw standardsd deemedm acceptablea byn o the boardhorse's quality of veterinarylife, medicineby asstandards setdeemed forthacceptable inby thed board'sm rules;:
(6)b "qualifiedr free-roaminge horset expert"º meanso ant individualn who= has.223947.2AIC demonstratedMarch expertise5, in2023 conducting(12:24pm) free-roamings horsek herdm surveyse and- a8 demonstrated- understandinge ofa landn carryinge capacityd analyses,r lande status,l propertyu ownership[ andA free-roamingd horsethe habitat,board biology,of behaviorveterinary andmedicine managementas strategiesset andforth isin qualified by the eboard's trules; 17 board;
and(6) w"qualified lfree-roaming nhorse dexpert" 18 (7) "range" means landan inhabitedindividual bywho orhas abledemonstrated toexpertise =in =conducting 19 a l sustain free-roaming horse herdsherd orsurveys familyand bands." i a edemonstrated runderstanding 20of -land 8carrying -capacity aanalyses, tland mstatus, mproperty 21ownership dand rfree-roaming ehorse 22habitat, cbiology, ebehavior sand kmanagement 23strategies eand ais nqualified bby 24the uboard; [ .223947.2
and (7) "range" means land inhabited by or able to sustain free-roaming horse herds or family bands." - 9 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .223947.2AIC March 5, 2023 (12:24pm) s k m e e a n e d r e l u [ A d
Show all 73 changed rows (33 more)
View plain text versions (2)
- Amended Amendments in Context Current pdf
- Introduced introduced version pdf
Action History
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Sent to House Agriculture, Acequias & Water Resources Committee & House Judiciary Committee
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passed Senate
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floor substitute adopted (1 amendment)
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DO PASS committee report adopted
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DO PASS committee report adopted
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Sent to Senate Conservation Committee & Senate Judiciary Committee
Sponsors
- Matthew McQueen · Primary
- Brenda G. McKenna · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 110 not signed on
Sponsors (2)
- McQueen, Matthew
- McKenna, Brenda G.
Co-sponsors (0)
None.
Not signed on (110)
110 members have not signed on to this bill.
Show all 110 →"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.
Subjects
Frequently asked questions
- Who sponsors SB 301?
- SB 301 is sponsored by McQueen, Matthew and McKenna, Brenda G..
- What is the current status of SB 301?
- This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 301?
- Track SB 301 free on One Click Politics — get push/email alerts when it moves.
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