SB 158 — WILD HORSE DEFINITIONS & DISPOSITION

If the posting of security is e e 17 ordered, the animal control agency, animal shelter or animal eh e n d 18 welfare organization may, with permission of the court, draw =u =» lr ] 19 from the security to indemnify the costs incurred to care and at lh rg ie 20 provide for the seized animal pending disposition of the tl ei ah tr i s criminal charges.

mh m, 21 e dh E.

If the owner of the animal does not post rt eu 22g c e rb cl 23 security within fifteen days after the issuance of the order, e ae , gh n bd 24d i = = o h or if, after reasonable and diligent attempts the owner cannot ul [] b ,d i a º r be located, the animal may be deemed abandoned and relinquished .213034.7e -r 5= -t SCONC/SBe 158w d to the animal control agency, animal shelter or animal welfare organizationm fora adoptionn oro humaned destruction;m :

b r e t º o t n = .213034.7 s k m e - 5 - e a n e d r e l u [ A d SCONC/SB 158 organization for adoption or humane destruction;

As used in this section, "livestock" means [all ] domestic or domesticated animals that are used or raised on a e e 17 farm or ranch, [and exotic animals in captivity ] including the eh e n d 18 carcasses thereof, and:

=g =o l ] 19 (1) includes [horses, asses, mules] equines, at lhr rg e i 20k cattle, sheep, goats, swine, bison, poultry, ostriches, emus, th er ai ts rheas, camelids, [and ] farmed cervidae [but does not include mh m, 21t, e d canine or feline] and exotic animals in captivity;

but r e 22u cg e rb cl 23e e h (2) does not include:

en ad nd bi 24= = o h (a) wild horses as defined in Section ul [] b ,d i a º e 77-18-5 NMSA 1978;

.213034.7r -i 6= -r SCONC/SBt 158e w d (b) equines subject to the jurisdiction ofm thea federaln governmento pursuantd tom the: federal Wild Free- Roaming Horses and Burros Act;

b e d s º o t n = .213034.7 s k m e - 6 - e a n e d r e l u [ A d of the federal government pursuant to the federal Wild Free- Roaming Horses and Burros Act;

(1) includes [horses, asses, mules] equines, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, e e 17 rheas, camelids, [and ] farmed cervidae [upon any land in New e e n d 18 Mexico.

"Animals" or "livestock"] and exotic animals in = = l ] 19 captivity;

but a l r i 20 (2) does not include [canine or feline th e a t animals]:

mg mo 21 e d (a) wild horses as defined in Section rt ehr 22g c e ri ck 23 77-18-5 NMSA 1978;

eh ar ni bs 24 (b) equines subject to the jurisdiction uh [, t, of the federal government pursuant to the federal Wild Free- .213034.7e -u 7g -e SCONC/SBb 158l Roaming Horses and Burros Act;

e e h n d d i = = o h (c) canine or feline animals;

l ] b ,d i a º e (d) feral hogs;

or r i = r t e w d (e) game mammals as defined in Section 17-2-3m NMSAa 1978,n excepto farmedd cervidae;m :

b e d s º o t n = .213034.7 s k m e - 7 - e a n e d r e l u [ A d SCONC/SB 158 17-2-3 NMSA 1978, except farmed cervidae ;

"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 e e 17 be approved by the grain inspection, packers and stockyards e e n d 18 administration of the United States department of agriculture = = l ] 19 or the board;

a l r i 20 F.

"brand" means a symbol or device in a form th e a t approved by and recorded with the board as may be sufficient to mg mo 21 e d readily distinguish livestock should they become intermixed rt ehr 22g c e ri ck 23 with other livestock;

eh ar ni bs 24 G.

"brand inspector" means an inspector who is not uh [, t, certified as a peace officer;

.213034.7e -u 8g -e SCONC/SBb 158l e e h H.

"carcasses" means dead or dressed bodies of n d d i = = o h livestock or parts thereof;

l ] b ,d i a º e I.

"cattle" means animals of the genus bos, r i = r t e w d including dairy cattle, and does not include any other kind of livestock;m a n o d m :

b e d s º o t n = .213034.7 s k m e - 8 - e a n e d r e l u [ A d livestock;

M.SECTION 4.

"district"Section means77-16-1 aNMSA livestock1978 inspection(being district;Laws 1909, Chapter 70, Section 1, as amended) is amended to read:

N."77-16-1.

"estray"FENCES--WHEN meansREQUIRED livestock.--[Section found1.] runningEvery atgardener, largefarmer, uponplanter publicor other person having lands or privatecrops lands,that eitherwould fencedbe injured by trespassing animals or unfenced:wild horses, as defined in Section 77-18-5 NMSA 1978, shall make a sufficient fence about [his ] the land in cultivation or other lands that may be so injured, the same to correspond with the requirements of the laws of this state prescribing and defining a legal fence." M.

e"district" emeans 17a (1)livestock whoseinspection ownerh isdistrict; unknown but that exhibits e e n d 18 evidence of private ownership;

org =o =N. l ] 19 (2) that is branded with a brand that is not a l r i 20 on record in the office of the board or is a freshly branded or t e a t marked offspring not with its branded or marked mother, unless m m 21 e d other proof of ownership is produced;

r"estray" emeans 22livestock cfound running at large t hr g e ri ck 23upon O.public or private lands, either fenced or unfenced:

"inspector"h meansr ai livestocks or(1) brandwhose eowner ais nunknown bbut 24that inspector;exhibits h , t, evidence of private ownership;

or e u [g P.e b l (2) that is branded with a brand that is not e e h n d d i = = o h on record in the office of the board or is a freshly branded or l ] b ,d i a º e marked offspring not with its branded or marked mother, unless r i = r t e w d other proof of ownership is produced;

"livestockm inspector" means a certifiedn .213034.7o -d 9m -: SCONC/SB 158 inspector who is granted full law enforcement powers for enforcement of The Livestock Code and other criminal laws relating to livestock;

b e d s º o t n = .213034.7 s k m e - 9 - e a n e d r e l u [ A d SCONC/SB 158 O.

"inspector" means a livestock or brand inspector;

P.

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

"person" means an individual, firm, partnership, association, corporation or similar legal entity." SECTIONSJCºSECTION 4.

Section 77-16-1 NMSA 1978 (being Laws h 1909, Chapter 70, Section 1, as amended) is amended to read:

g o "77-16-1.

FENCES--WHEN REQUIRED.--[Section 1.] Every t hr g e i k gardener, farmer, planter or other person having lands or crops h r i s that would be injured by trespassing animals or wild horses, as h , t, defined in Section 77-18-5 NMSA 1978, shall make a sufficient e u g e b l e e h fence about [his] the land in cultivation or other lands that n d d i = = o h may be so injured, the same to correspond with the requirements l ] b ,d i a º e of the laws of this state prescribing and defining a legal r i = r t e w d m a n o fence."»SJC d m :

b e d s º o t n = .213034.7 s k m e - 10 - e a n e d r e l u [ A d SECTION SJCº4 5»SJC.

[NEW MATERIAL ] WILD HORSES--DISPOSITION e e 17 PROCEDURES.-- e e n d 18 A.

= = l ] 19 (1) "adoption" means adoption by a qualified a l r i 20 individual who can ensure humane treatment and care of the t e a t animal, including proper transportation, feeding and handling;

m m 21 e d (2) "operator" means a person that controls r e 22 c e r c 23 the day-to-day management and decision-making of private e a n b 24 property;

u [ (3) "private land" means land owned or .213034.7 - 10 - SCONC/SB 158 controlled by a private person and not by an agency of the federal government or the state government or its political subdivisions;

(4) "private wild horse preserve" means private land designated by the owner of that land as a preserve for wild horses upon a determination in writing by the state h veterinarian that the landowner can ensure proper care of the g o horses;

t hr g e i k (5) "public land" means land controlled or h r i s supervised by an agency of the state government or its h , t, political subdivisions but does not mean private land or state e u g e b l trust land controlled by the state land office, unless the e e h n d d i = = o h commissioner of public lands designates land as wild horse l ] b ,d i a º e range;

(6)r "publici wild= horser preserve"t meanse landw designatedd by(6) an"public agencywild ofhorse statepreserve" governmentmeans orland am county or a en eo 17d municipalitym as: a preserve for wild horses;

eb e n d 18s (7)º "wildo horse"t meansn a horse that is = =.213034.7 ls ]k 19m unclaimede and- without11 obvious- brandse ora withoutn othere evidenced a l r ie 20l ofu private[ ownership,A butd "wildSCONC/SB horse"158 doesdesignated notby includean horsesagency t e a t that are subject to the jurisdiction of thestate federal government mor ma 21county eor da pursuantmunicipality toas thea federalpreserve Wildfor Free-Roamingwild Horseshorses; and Burros r e 22 c e r c 23 Act;

and(7) e"wild horse" means a nhorse bthat 24is (8)unclaimed "wildand horsewithout range"obvious meansbrands pastureor withwithout uother [evidence adequateof landprivate mass,ownership, waterbut and"wild vegetationhorse" does not include horses that are subject to supportthe wildjurisdiction .213034.7of -the 11federal -government SCONC/SBpursuant 158to horses.the federal Wild Free-Roaming Horses and Burros Act;

and (8) "wild horse range" means pasture with adequate land mass, water and vegetation to support wild horses.

or (2) animal health, as determined by the state h veterinarian.

g o C.

At the discretion of the board, a wild horse t hr g e i k that is captured on public land pursuant to Subsection B of h r i s this section or on private land at the request of a private h , t, landowner or operator SJCº , after it is shown that fencing of e u g e b l e e h the property pursuant to Section 77-16-1 NMSA 1978 has been n d d i = = o h unsuccessful,»SJC shall be humanely captured and:

l ] b ,d i a º e (1) relocated to public land designated as r i = r t e w d m a n o wild horse range or to a public or private wild horse preserve;

providedd thatm a: wild horse captured on public or private land may be relocated to private land if the owner of the private land agrees in writing;

b e d s º o t n = .213034.7 s k m e 17- (2)12 transferred- toe a n e d r e l u [ A d provided that a wild horse rescuecaptured on public or eprivate eland nmay dbe 18relocated retirementto facility;private land if the owner of the private land agrees in writing;

or(2) =transferred =to l ] 19 (3) adopted for private maintenance upon a l r i 20 payment of an adoption fee that shall not exceed the cost of t e a t caring for the wild horse whilerescue itor wasretirement underfacility; the control of the m m 21 e d board;

providedor that(3) not more than four wild horses may be r e 22 c e r c 23 adopted perfor yearprivate bymaintenance anyupon individualpayment unlessof thean stateadoption efee athat nshall bnot 24exceed veterinarian determines in writing that the individualcost is u [ capable of humanely caring for morethe than four wild horses,horse .213034.7while -it 12was -under SCONC/SB 158 including the transportationcontrol of the horsesboard; by the adopting party.

provided that not more than four wild horses may be adopted per year by any individual unless the state veterinarian determines in writing that the individual is capable of humanely caring for more than four wild horses, including the transportation of the horses by the adopting party.

If the board captures a horse on public or private land and the board determines that the horse is subject to the jurisdiction of the federal government pursuant to the federal Wild Free-Roaming Horses and Burros Act, the board shall transfer the horse to the federal bureau of land h management or the United States forest service, as appropriate.

g o E.

If authorized by the state veterinarian, a wild t hr g e i k horse may be humanely euthanized by a licensed veterinarian if h r i s it is determined to be medically necessary to prevent suffering h , t, from life-threatening illness or injury.

Euthanasia shall not e u g e b l be used for the purpose of controlling or reducing a wild horse e e h n d d i = = o h population.

l ] b ,d i a º e F.

A political subdivision may enter into an r i = r t e w d agreement with a state or federal agency;

another political em ea 17n subdivision;o d m :

b e d s º o t n = .213034.7 s k m e - 13 - e a n e d r e l u [ A d SCONC/SB 158 subdivision;

a nonprofit e e n d 18 organization;

or an owner of = = l ] 19 land designated as a private wild horse preserve to provide:

a l r i 20 (1) wild horse range;

t e a t (2) identification and herd monitoring;

m m 21 e d (3) supplemental feed or veterinary care;

r e 22 c e r c 23 (4) on-range fertility control;

e a n b 24 (5) public safety measures;

or u [ (6) consultations or resources to prevent .213034.7 - 13 - SCONC/SB 158 unwanted damage to private property, including fencing or deterrents." - 14 - 5h 7u 9» 11r 13t 15h eg e 17l ei h r i s h , e nh dt 18u =g =e b l ]e 19e a, lgh rn id 20d ti e= a= to mh ml 21] eb d,d ri ea 22º cr e r c= 23t e w d m a n bo 24d um [: .213034.7

b r e t º o t n = .213034.7 s k m e e a n e d r e l u [ A d