New Mexico 2023 Regular Session Status: Passed Senate

SB 301 — FREE-ROAMING HORSES

Last action — Sent to House Agriculture, Acequias & Water Resources Committee & House Judiciary Committee

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

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed

Plain-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.

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SENATE BILL 301 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Brenda G.
SENATE BILL 301 56TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Brenda G.
McKenna and Matthew McQueen 6 8 10 AN ACT RELATING TO ANIMALS;
McKenna and Matthew McQueen 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.
ALLOWING FERTILITY CONTROL, RELOCATION AND ADOPTION OF FREE-ROAMING HORSES UNDER CERTAIN CIRCUMSTANCES;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
ALLOWING A FREE-ROAMING HORSE EXPERT TO CONTROL THE POPULATION OF FREE-ROAMING HORSES ON CERTAIN LAND THROUGH CERTAIN METHODS;
h AN ACT g o RELATING TO ANIMALS;
REQUIRING THE NEW MEXICO LIVESTOCK BOARD TO APPROVE THE QUALIFICATIONS OF A FREE-ROAMING HORSE EXPERT;
ALLOWING FERTILITY CONTROL, RELOCATION AND t hr g e i k ADOPTION OF FREE-ROAMING HORSES UNDER CERTAIN CIRCUMSTANCES;
ALLOWING THE NEW e t 17 MEXICO LIVESTOCK BOARD TO MAKE RULES REGARDING THE APPROVAL OF w l n d 18 THE QUALIFICATIONS OF A FREE-ROAMING HORSE EXPERT;
h r i s ALLOWING A FREE-ROAMING HORSE EXPERT TO CONTROL THE POPULATION h , t, OF FREE-ROAMING HORSES ON CERTAIN LAND THROUGH CERTAIN METHODS;
PROHIBITING = = 19 a l THE SLAUGHTER OR EXPORT FOR SLAUGHTER OF FREE-ROAMING HORSES;
e u g e b l e e h REQUIRING THE NEW MEXICO LIVESTOCK BOARD TO APPROVE THE n d d i = = o h QUALIFICATIONS OF A FREE-ROAMING HORSE EXPERT;
i a e r 20 PROVIDING A PENALTY.
ALLOWING THE NEW l ] b ,d i a º e MEXICO LIVESTOCK BOARD TO MAKE RULES REGARDING THE APPROVAL OF r i = r t e w d m a n o THE QUALIFICATIONS OF A FREE-ROAMING HORSE EXPERT;
a t m m 21 d r e 22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
PROHIBITING d m :
c e s k 23 SECTION 1.
b e d s 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 THE SLAUGHTER OR EXPORT FOR SLAUGHTER OF FREE-ROAMING HORSES;
Section 77-2-30 NMSA 1978 (being Laws 2005, e a n b 24 Chapter 236, Section 1) is amended to read:
PROVIDING A PENALTY.
u [ "77-2-30.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
HORSE RESCUE OR RETIREMENT FACILITY-- .223947.2 REGISTRATION--BOARD POWERS AND DUTIES--FEES.-- A.
SECTION 1.
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.
Section 77-2-30 NMSA 1978 (being Laws 2005, Chapter 236, Section 1) is amended to read:
B.
"77-2-30.
A facility shall not operate in New Mexico unless registered by the board.
HORSE RESCUE OR RETIREMENT FACILITY-- REGISTRATION--BOARD POWERS AND DUTIES--FEES.-- A.
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.
(1) register facilities that meet the requirements of this section;
h r i s h (1) register facilities that meet the , t, e u g requirements of this section;
(2) annually consult with representatives from the equine industry, equine rescue organizations and e t 17 veterinarians on facility standards;
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 r i = r veterinarians on facility standards;
and w l n d 18 (3) after consideration of recommendations by = = 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:
and t e w d m a n o (3) after consideration of recommendations by d m :
d r e 22 (a) health and sanitary requirements;
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 l u [ A d national organizations for the care of unwanted horses and equine rescue and retirement facilities, promulgate rules for facilities, including:
c e s k 23 (b) standards for barns, paddocks, e a n b 24 pastures and ranges;
(a) health and sanitary requirements;
u [ (c) qualifications of the facility .223947.2 - 2 - staff;
(b) standards for barns, paddocks, pastures and ranges;
(c) qualifications of the facility staff;
(2) an annual inspection and registration fee of not more than one hundred dollars ($100);
h (2) an annual inspection and registration fee g o t hr of not more than one hundred dollars ($100);
and (3) reinspection fees 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).
E.
h , t, 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 e t 17 this act] this section and Section 77-2-31 NMSA 1978." w l n d 18 SECTION 2.
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 l ] b ,d i a º e this act] this section and Section 77-2-31 NMSA 1978." r i = r t e w d m a n o SECTION 2.
A new section of Chapter 77, Article 2 NMSA = = 19 a l 1978 is enacted to read:
A new section of Chapter 77, Article 2 NMSA d m :
i a e r 20 "[NEW MATERIAL] FREE-ROAMING HORSE EXPERT--APPROVAL OF a t m m 21 QUALIFICATIONS--RULES.-- d r e 22 A.
b e d s º o t n = .223947.2AIC March 5, 2023 (12:24pm) s k m e - 3 - e a n e d r e l u [ A d is enacted to read:
The board may approve the qualifications of a 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:
"[NEW MATERIAL] FREE-ROAMING HORSE EXPERT--APPROVAL OF QUALIFICATIONS--RULES.-- A.
.223947.2 - 3 - (1) expertise in conducting free-roaming horse herd surveys;
The board may approve the qualifications of a free-roaming horse expert for the purposes of managing a range inhabited by a free-roaming horse or herd 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, Chapter 216, Section 1) is amended to read:
Section 77-18-5 NMSA 1978 (being Laws 2007, h Chapter 216, Section 1) is amended to read:
"77-18-5.
g o t hr "77-18-5.
[WILD HORSES--CONFORMATION, HISTORY AND DEOXYRIBONUCLEIC ACID TESTING--SPANISH COLONIAL HORSES--BIRTH] FREE-ROAMING HORSES--HUMANE MANAGEMENT--FERTILITY CONTROL.-- [A.
[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.
(1) "public land" does not include federal land controlled by the bureau of land management, the forest e t 17 service or state trust land controlled by the state land w l n d 18 office;
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 l ] b ,d i a º e service or state trust land controlled by the state land r i = r t e w d m a n o office;
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= = 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;
d m :
d r e 22 (3) "Spanish colonial horse" means a wild c e s k 23 horse that is descended from horses of the Spanish colonial e a n b 24 period;
b e d s º o t n = .223947.2AIC March 5, 2023 (12:24pm) s k m e - 4 - e a n e d r e l u [ A d (2) "range" means the amount of land necessary to sustain a herd of wild horses, which does not exceed its known territorial limits;
and u [ (4) "wild horse" means an unclaimed horse on .223947.2 - 4 - public land that is not an estray.
(3) "Spanish colonial horse" means a wild horse that is descended from horses of the Spanish colonial period;
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 wild horse preserve or put up for adoption by the agency on whose land the wild horse was captured.
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.
C.
t h g e l i C.
If the mammal division of the museum of southwestern biology at the university of New Mexico determines that a wild horse herd exceeds the number of horses that is necessary for preserving the genetic stock of the herd and for preserving and maintaining the range, it may cause control of e t 17 the wild horse population through the use of birth control and w l n d 18 may cause excess horses to be:
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 l ] b ,d i a º r the wild horse population through the use of birth control and e r = t e w d m a n o may cause excess horses to be:
= = 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;
d m :
a t m m 21 (2) adopted by a qualified person for private d r e 22 maintenance;
b r e t º o t n = .223947.2AIC March 5, 2023 (12:24pm) s k m e - 5 - e a n e d r e l u [ A d (1) humanely captured and relocated to other public land or to a public or private wild horse preserve;
or c e s k 23 (3) euthanized;
(2) adopted by a qualified person for 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 unhealthy.] .223947.2 - 5 - A.
or (3) euthanized;
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 rescue or retirement facility or public or private horse preserve that is registered with the board or an out-of-state facility that meets the board's facility standards for lifelong sanctuary care or for the purposes of adoption of the free-roaming horse or horses;
(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;
(3) humane capture and relocation to a range, with the permission of the landowner, that has the capacity to e t 17 sustain free-roaming horse herds or family bands;
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 l ] b ,d i a º e sustain free-roaming horse herds or family bands;
or w l n d 18 (4) for a horse with an untreatable medical = = 19 a l condition that significantly impacts the horse's quality of i a e r 20 life, humane euthanasia.
or r i = r t e w d m a n o (4) for a horse with an untreatable medical d m :
a t m m 21 B.
b e d s º o t n = .223947.2AIC March 5, 2023 (12:24pm) s k m e - 6 - e a n e d r e l u [ A d condition that significantly impacts the horse's quality of life, humane euthanasia.
A 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.
B.
.223947.2 - 6 - C.
A free-roaming horse captured 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.
A person shall not slaughter, allow to be slaughtered or export for slaughter a free-roaming horse.
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 be slaughtered or exported for slaughter constitutes a separate offense.
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 misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
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 :
As used in this section:
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;
(2) "carrying capacity" means the number of grazing animals that a given amount of land can support long-term while maintaining or improving the vegetation, soils 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 u [ Act;
(3) "free-roaming horse" means an unclaimed horse found at large that is not an estray and does not include equines subject to the jurisdiction of the federal government pursuant to the federal Wild Free-Roaming Horses and Burros Act Sfl1ºor found on lands administered by the federal bureau of h land management»Sfl1 ;
.223947.2 - 7 - (4) "humane capture" means to gather or move free-roaming horses to a holding location using baited corrals or other low-stress methods whenever feasible, but does not include use of aircraft or motorized vehicles;
u » r (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;
(5) "humane euthanasia" means to produce a humane death of an animal, as recommended by a veterinarian due to an untreatable medical condition that significantly impacts the horse's quality of life, by standards deemed acceptable by the board of veterinary medicine as set forth in the board's rules;
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 e r = t e w d m a n o the horse's quality of life, by standards deemed acceptable by d m :
(6) "qualified free-roaming horse expert" means an individual who has demonstrated expertise in conducting free-roaming horse herd surveys and a demonstrated understanding of land carrying capacity analyses, land status, property ownership and free-roaming horse habitat, biology, behavior and management strategies and is qualified by the e t 17 board;
b r e t º o t n = .223947.2AIC March 5, 2023 (12:24pm) s k m e - 8 - e a n e d r e l u [ A d the board of veterinary medicine as set forth in the board's rules;
and w l n d 18 (7) "range" means land inhabited by or able to = = 19 a l sustain free-roaming horse herds or family bands." i a e r 20 - 8 - a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .223947.2
(6) "qualified free-roaming horse expert" means an individual who has demonstrated expertise in conducting free-roaming horse herd surveys and a demonstrated understanding of land carrying capacity analyses, land status, property ownership and free-roaming horse habitat, biology, behavior and management strategies and is qualified by the board;
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
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Action History

  1. Sent to House Agriculture, Acequias & Water Resources Committee & House Judiciary Committee

  2. passed Senate

  3. floor substitute adopted (1 amendment)

  4. DO PASS committee report adopted

  5. DO PASS committee report adopted

  6. Sent to Senate Conservation Committee & Senate Judiciary Committee

Sponsors

  • Matthew McQueen · Primary
  • Brenda G. McKenna · Primary

Sponsorship breakdown

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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.

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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.

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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?
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