New Mexico 2018 Regular Session Status: To Executive 1 D cosponsors

HB 64 — PET FOOD FEE FOR ANIMAL PROGRAMS

Last action — Vetoed

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

This bill died with 2018 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

208 added · 255 removed

Plain-language change summary

The updated version of Bill HB 64 now includes a requirement that only individuals or groups with a household income below a certain threshold can receive assistance for spaying and neutering dogs and cats. This change is important because it targets support to low-income families, ensuring that the funding from the additional fee on pet food is used effectively to help those who might struggle the most with the costs of pet care.

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HOUSE BILL 64 53RD LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2018 INTRODUCED BY Carl Trujillo and Debbie A.
AN ACT RELATING TO ANIMALS;
Rodella and Joanne J.
Ferrary 6 8 10 AN ACT RELATING TO ANIMALS;
ESTABLISHING 14 A HOUSEHOLD INCOME LEVEL FOR ASSISTANCE.
ESTABLISHING A HOUSEHOLD INCOME LEVEL FOR ASSISTANCE;
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
REQUIRING REPORTING.
e t 17 SECTION 1.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 61-14-7.1 NMSA 1978 (being Laws 2017, w l n d 18 Chapter 44, Section 3) is amended to read:
SECTION 1.
= = 19 "61-14-7.1.
Section 61-14-7.1 NMSA 1978 (being Laws 2017, Chapter 44, Section 3) is amended to read:
ANIMAL SHELTERING COMMITTEE--DUTIES.--The a l i a e r 20 sheltering committee shall:
"61-14-7.1.
a t m m 21 A.
ANIMAL SHELTERING COMMITTEE--DUTIES.--The sheltering committee shall:
develop a voluntary statewide dog and cat spay d r e 22 and neuter program in conjunction with animal shelters and c e s k 23 euthanasia agencies;
A.
e a n b 24 B.
develop a voluntary statewide dog and cat spay and neuter program in conjunction with animal shelters and euthanasia agencies;
develop criteria for individuals, [nonprofit u [ organizations] groups, animal shelters and euthanasia agencies .209074.6 to receive assistance for dog and cat [sterilization ] spaying and neutering from the animal care and facility fund;
B.
provided that assistance to individuals and groups may only be given to individuals who have, or to groups who shall only provide assistance to service recipients who have, a household income 6 that does not exceed two hundred percent of the current federal poverty level guidelines published by the United States department of health and human services.
develop criteria for individuals, groups, animal shelters and euthanasia agencies to receive assistance for dog and cat spaying and neutering from the animal care and facility fund;
When developing these criteria, the committee shall ensure that not more than sixty percent of the services go to programs in class A counties;
provided that assistance to individuals and groups may only be given to individuals who have, or to groups who shall only provide assistance to service recipients who have, a household income that does not exceed two hundred percent of the current federal poverty level guidelines published by the United States department of HB 64 health and human services;
and C.
and Page 1 C.
recommend to the board the disbursements of money from the animal care and facility fund to qualifying individuals, [nonprofit organizations ] groups, animal shelters and euthanasia agencies." SECTION 2.
recommend to the board the disbursements of money from the animal care and facility fund to qualifying individuals, groups, animal shelters and euthanasia agencies." SECTION 2.
e e 17 "77-1B-4.
"77-1B-4.
ANIMAL CARE AND FACILITY FUND CREATED-- e e n d 18 ADMINISTRATION.-- = = l ] 19 A.
ANIMAL CARE AND FACILITY FUND CREATED-- ADMINISTRATION.-- A.
The "animal care and facility fund" is created a l r i 20 in the state treasury.
The "animal care and facility fund" is created in the state treasury.
All fees collected pursuant to the t e a t Animal Sheltering Act shall be deposited in the fund.
All fees collected pursuant to the Animal Sheltering Act shall be deposited in the fund.
m m 21 e d r e 22 B.
B.
The animal care and facility fund shall consist c e r c 23 of money collected by the board pursuant to the Animal e a n b 24 Sheltering Act;
The animal care and facility fund shall consist of money collected by the board pursuant to the Animal Sheltering Act;
and money u [ appropriated to the fund or accruing to it through fees or .209074.6 - 2 - administrative penalties, cooperative research agreements, income, gifts, grants, donations, bequests, sales of promotional items, handbooks or educational materials or any other source.
and money appropriated to the fund or accruing to it through fees or administrative penalties, cooperative research agreements, income, gifts, grants, donations, bequests, sales of promotional items, handbooks or educational materials or any other source.
Money in the fund is appropriated by the legislature to the board to be used to help animal shelters and communities defray the cost of implementing the board's initiatives conducted pursuant to the Animal Sheltering Act.
Money in the fund is appropriated by the legislature to the board to be used to help animal shelters and communities defray the cost of implementing the board's HB 64 Page 2 initiatives conducted pursuant to the Animal Sheltering Act.
Money in the subaccount shall only be used to carry out the board's dog and ] spay and neuter assistance program and for cat [sterilization e e 17 the reasonable costs of administering the Animal Sheltering e e n d 18 Act, not to exceed seven and one-half percent of the total fees = = l ] 19 collected pursuant to the provisions of Section 5 of this 2018 a l r i 20 act.
Money in the subaccount shall only be used to carry out the board's dog and cat spay and neuter assistance program and for the reasonable costs of administering the Animal Sheltering Act, which reasonable costs shall not exceed five percent of the total fees distributed to the subaccount pursuant to the provisions of Section 5 of this 2018 act.
Money collected pursuant to Section 7-2-30.9 NMSA 1978, t e a t [and] Section 66-3-424.3 NMSA 1978 and Section 5 of this 2018 m m 21 e d r e 22 act shall be deposited in the subaccount.
Money collected pursuant to Section 7-2-30.9 NMSA 1978, Section 66-3-424.3 NMSA 1978 and Section 5 of this 2018 act shall be deposited in the subaccount.
c e r c 23 E.
E.
A disbursement from the fund shall be made only e a n b 24 upon a warrant drawn by the secretary of finance and u [ administration pursuant to a voucher signed by the executive .209074.6 - 3 - director of the board or the director's designee with the approval of the majority of the board with consideration of the recommendation of a majority of the animal sheltering committee.
A disbursement from the fund shall be made only upon a warrant drawn by the secretary of finance and administration pursuant to a voucher signed by the executive director of the board or the director's designee with the approval of the majority of the board with consideration of the recommendation of a majority of the animal sheltering committee.
Section 77-1B-5 NMSA 1978 (being Laws 2007, Chapter 60, Section 5, as amended) is amended to read:
Section 77-1B-5 NMSA 1978 (being Laws 2007, HB 64 Page 3 Chapter 60, Section 5, as amended) is amended to read:
provide for oversight, including oversight of e e 17 licensing requirements, regulations and discipline, of e e n d 18 veterinarians employed by local government animal shelters;
provide for oversight, including oversight of licensing requirements, regulations and discipline, of veterinarians employed by local government animal shelters;
= = l ] 19 D.
D.
adopt methods and procedures acceptable for a l r i 20 conducting emergency field euthanasia;
adopt methods and procedures acceptable for conducting emergency field euthanasia;
t e a t E.
E.
adopt, promulgate and revise rules necessary to m m 21 e d r e 22 carry out the provisions of the Animal Sheltering Act;
adopt, promulgate and revise rules necessary to carry out the provisions of the Animal Sheltering Act;
c e r c 23 F.
F.
have authority to issue licenses and e a n b 24 certificates pursuant to the Animal Sheltering Act;
have authority to issue licenses and certificates pursuant to the Animal Sheltering Act;
u [ G.
G.
establish the types of licenses and certificates .209074.6 - 4 - that may be issued pursuant to the Animal Sheltering Act and establish criteria for issuing the licenses and certificates;
establish the types of licenses and certificates that may be issued pursuant to the Animal Sheltering Act and establish criteria for issuing the licenses and certificates;
implement continuing education requirements for licensees and certificate holders pursuant to the Animal Sheltering Act;
implement continuing education requirements for HB 64 Page 4 licensees and certificate holders pursuant to the Animal Sheltering Act;
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establish fees not to exceed one hundred fifty e e 17 dollars ($150) for licenses and certificates pursuant to the e e n d 18 Animal Sheltering Act;
establish fees not to exceed one hundred fifty dollars ($150) for licenses and certificates pursuant to the Animal Sheltering Act;
= = l ] 19 M.
M.
establish committees as the board deems a l r i 20 necessary to effect the provisions of the Animal Sheltering t e a t Act;
establish committees as the board deems necessary to effect the provisions of the Animal Sheltering Act;
m m 21 e d r e 22 N.
N.
apply for injunctive relief to enforce the c e r c 23 provisions of the Animal Sheltering Act;
apply for injunctive relief to enforce the provisions of the Animal Sheltering Act;
e a n b 24 O.
O.
conduct national criminal background checks on u [ applicants seeking licensure or certification under the Animal .209074.6 - 5 - Sheltering Act;
conduct national criminal background checks on applicants seeking licensure or certification under the Animal Sheltering Act;
make an annual report to the legislature, including information on the total number of dogs and cats spayed and neutered and the average costs per surgery paid for 6 from the statewide spay and neuter subaccount of the animal care and facility fund;
make an annual report to the legislature, including information on the total number of dogs and cats spayed and neutered and the average costs per surgery paid for from the statewide spay and neuter subaccount of the animal care and facility fund.
The New Mexico department of HB 64 Page 5 agriculture shall provide for inclusion in the annual report the number of pet food product labels by registrant for the current and previous year registered pursuant to Section 76-19A-10 NMSA 1978;
adopt standards for maintaining records e e 17 concerning health care and disposition of animals;
adopt standards for maintaining records concerning health care and disposition of animals;
and e e n d 18 V.
and V.
refer to the published national association of = = l ] 19 shelter veterinarians standards in determining its regulations a l r i 20 for animal shelters and euthanasia agencies." t e a t SECTION 4.
refer to the published national association of shelter veterinarians standards in determining its regulations for animal shelters and euthanasia agencies." SECTION 4.
Section 76-19A-1 NMSA 1978 (being Laws 2013, m m 21 e d r e 22 Chapter 23, Section 1) is amended to read:
Section 76-19A-1 NMSA 1978 (being Laws 2013, Chapter 23, Section 1) is amended to read:
c e r c 23 "76-19A-1.
"76-19A-1.
SHORT TITLE.--[This act ] Chapter 76, Article e a n b 24 19A NMSA 1978 may be cited as the "New Mexico Commercial Feed u [ Act"." .209074.6 - 6 - SECTION 5.
SHORT TITLE.--Chapter 76, Article 19A NMSA 1978 may be cited as the "New Mexico Commercial Feed Act"." SECTION 5.
"[NEW MATERIAL] SPAY AND NEUTER PROGRAM FEE.-- A.
"SPAY AND NEUTER PROGRAM FEE.-- A.
Except as provided in Subsection B of this section, in addition to the registration fee required pursuant to Section 76-19A-10 NMSA 1978, the department shall collect a fee of one hundred dollars ($100) on each brand name or product name of pet food that is distributed in New Mexico.
Except as provided in Subsection B of this HB 64 Page 6 section, in addition to the registration fee required pursuant to Section 76-19A-10 NMSA 1978, the department shall collect an annual fee on each brand name or product name of pet food that is distributed in New Mexico as follows:
(1) beginning January 1, 2019, fifty dollars ($50.00);
(2) beginning January 1, 2020, seventy-five dollars ($75.00);
and (3) on and after January 1, 2021, one hundred dollars ($100).
or (2) pet food manufactured by a person who demonstrates to the board, in a manner prescribed by the board, that the person's tax-year annual gross revenue from the distribution of pet food is no more than five hundred thousand e e 17 dollars ($500,000).
or (2) pet food manufactured by a person who demonstrates to the board, in a manner prescribed by the board, that the person's tax-year annual gross revenue from the distribution of pet food is no more than three million dollars ($3,000,000).
e e n d 18 C.
C.
The fee collected pursuant to Subsection A of = = l ] 19 this section shall be deposited with the state treasurer and a l r i 20 credited to the statewide spay and neuter subaccount of the t e a t animal care and facility fund." m m 21 e d r e 22 SECTION 6.
The fee collected pursuant to Subsection A of this section shall be distributed as follows:
DELAYED REPEAL.--Section 5 of this act is c e r c 23 repealed effective July 1, 2028.
(1) ninety-six percent of the fee to the state treasurer to be credited to the statewide spay and neuter subaccount of the animal care and facility fund;
e a n b 24 SECTION 7.
and (2) four percent of the fee to the board for HB 64 Page 7 the department to administer the New Mexico Commercial Feed Act." SECTION 6.
EFFECTIVE DATE.--The effective date of the u [ provisions of this act is July 1, 2018.
DELAYED REPEAL.--Section 5 of this act is repealed effective July 1, 2024.
.209074.6 - 7 -
SECTION 7.
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.
HB 64 Page 8 8 25
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Action History

  1. Vetoed

  2. House concurred in Senate amendments

  3. passed Senate

  4. DO PASS, as amended, committee report adopted

  5. withdrawn from committee

  6. Sent to Senate Public Affairs Committee & Senate Finance Committee

  7. passed House

  8. floor substitute adopted (1 amendment)

  9. DO PASS committee report adopted

  10. DO PASS, as amended, committee report adopted

  11. referred to House Consumer and Public Affairs Committee & House Business and Industry Committee

  12. germane & printed

  13. withdrawn from committee

  14. not printed House Rules and Order of Business Committee

  15. Sent to House Pre-file

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (3)

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 HB 64?
HB 64 is sponsored by Trujillo, Carl, Rodella, Debbie A., and Joanne J. Ferrary (Democrat).
What is the current status of HB 64?
This bill died with 2018 Regular Session. It reached “To Executive” 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 HB 64?
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