PAWNM and Bernalillo County Commissioners May Not Care What The Rest of Us Have to Say

We’ve taken a little time to contemplate and speak to several people about events at the Bernalillo County Commissioners’ meeting on November 9 (OK, maybe a lot of time) and following are our conclusions:

• The county manager’s office did err in not publishing the meeting agenda on the internet or other electronic channels sooner.
• But, the agenda did include what Commissioner De La Cruz had committed to doing in the October 26 meeting (i.e., present a resolution establishing an animal care services ordinance review committee)…see our October 27 blog entry.
• During the public comment period PAWNM spokespeople were visibly upset, berating the Commissioners for what they perceived as inaction because County Attorney Landers didn’t immediately prepare their recommendations as proposed ordinance changes for the meeting…that is not what commissioners committed to on October 26.
• Based on what we’ve learned recently, PAWNM is an overzealous lot that couldn’t care less what others in the community have to contribute if it runs contrary to their agenda. And, they’ve been secretly working with County Attorney Landers to introduce their animal care services ordinance changes at the December 14 commissioner’s meeting along with a new wrinkle, a requirement for trolley permitting. While we’re not big fans of trolleys, we can think a few situations where they may be necessary and with a properly crafted ordinance, there is absolutely no need for permitting.
• Here’s a link to amendments to be introduced…changes to the current ordinance are underlined or struck out…except the trolley permit language which is new…Bernalillo County Animal Care Ordinance Changes-20101214

By the way, following is video from part of the November 9 commission meeting in three segments. Part one is discussion on “late” publication of the agenda. Part two is the public comment period. Part three is discussion of the committee resolution, ultimately deferred until the Tuesday, December 14 meeting…be there at 3pm if you want input into the process. Yes, I said 3pm. According to the November 9 agenda, the December 14 meeting was supposed to begin at 5pm…the change is based on some “bleeping” excuse about a lot of agenda items. Although the commissioners won’t pass the amendments at this meeting…they are subject to a publication and comment period…we look at it as more monkey business by Bernalillo County officials and a lack of desire to hear what county residents with a real day job have to say about this.

Bernalillo County Commissioner De La Cruz Announces Animal Care Ordinance Review

A couple of months ago, we told you about Bernalillo County animal care ordinance changes proposed by People for Animal Welfare of New Mexico (PAWNM). Not satisfied with improvements made 22 months ago reached through community consensus, it appears they convinced at least one commissioner a committee is needed to review the ordinance again.

At the end of discussion by the group at yesterday’s commission meeting, Commissioner De La Cruz, announced the seating of a seven member committee to review the animal care ordinance. The committee is to be chaired by Pete Dinelli, a former Albuquerque Public Safety Director, one member from each commissioner’s district and Becky Darrow, the animal care services director. The committee is also supposed to include an animal welfare activist, livestock owner/boarder, animal breeder and veterinarian. All committee member recommendations are to be submitted by November 5.

Here’s the video from the commission meeting in two parts. The review committee is announced in the last two minutes of the second video…

The ordinance may need a bit of tweaking, but, among other things, tethering requirements that may require an engineering degree to understand and requirements to feed animals additional food when the outside temperature drops below 40F are overreaching. Many animals are less active in winter and calories that would go toward activity are used to produce heat instead. Bernalillo County may have a lot of fat animals in the spring in a year or two. How will PAWNM want to address that problem? More changes to the ordinance because it once again didn’t meet their perception of the intent of the ordinance? No doubt!

Other things we’re pondering…

• We learned about the agenda item early yesterday afternoon. The agenda was published last Friday. And, it was a surprise to at least two county officials we spoke with yesterday that should have been aware of the agenda item.
• Why didn’t anyone think it was important for Bernalillo County’s Deputy County Manager for Public Safety or Animal Care Services Director to attend this meeting to provide input? We didn’t see them on any of the video segments.
• Why did PAWNM use an Albuquerque animal control officer instead of a county animal control officer in it’s discussion? The needs of county residents, particularly those in rural/semirural areas of the county are different than Albuquerque residents.
• Recognizing all of Bernalillo County’s commissioners are a generally pragmatic and fair-minded group, did Commissioner De La Cruz have a lengthy discussion with staff and commissioners who were involved when the ordinance was passed before seating a review committee? The ordinance went through an exhaustive review over more than a year with many public meetings.
• How productive is it to rehash an entire process because a small noisy constituency is unhappy with the results relative to their interpretation of the intent of the ordinance?
• How much more productive would it have been to have the 25 or so people that spent 2+ hours at the commission meeting and those of us following the issue spend that time on animal care education throughout the county?

Contact information:
County Manager (Thaddeus Lucero) – 505-468-7000, manager@bernco.gov
Public Safety Division (Thomas Swisstack) – 505-468-7000, info@bernco.gov
Commission District 1 (Alan B. Armijo) – 505-468-7185, agonzales@bernco.gov
Commission District 2 (Art De La Cruz) – 505-468-7448, dherrera@bernco.gov
Commission District 3 (Maggie Hart Stebbins) – 505-468-7108, wobrien@bernco.gov
Commission District 4 (Michael C. Wiener) – 505-468-7010, ddady@bernco.gov
Commission District 5 (Michael Brasher) – 505-468-7212, rdoucette@bernco.gov

Bernalillo County Ordinance Changes – Again, So Soon? Yes.

For the last 16 months, things have been pretty quiet on statewide issues and in Bernalillo County, NM (this blog’s primary stomping grounds). Hence, the reason no posts since April 2009. While many thought there would be a need to start being watchful soon for overrreaching animal rights bills in the biennial long legislative session beginning in early 2011, things are heating up again in Bernalillo County.

People for Animal Welfare of New Mexico and other animal rights and welfare groups have returned with new recommendations for ordinance changes for the Bernalillo County commissioners. The changes they are recommending relate to animal restraint and care and maintenance. A “public” meeting was hosted by Commissioner Brasher on Wednesday night. The term “public” is used loosely due to the short, limited public notice provided for the meeting and the apparent loading of the audience with animal welfare and rights groups. Two people in the audience of about 50 maintain a responsible animal use philosophy. To my knowledge, no responsible animal use organizations (e.g., dog clubs, cat clubs, livestock owner associations) received courtesy notice about the meeting and the meeting was held inside the city of Albuquerque, an area unaffected by the proposed ordinance changes.

For now, here is access to the proposed revisions to allow for your analysis:

Bernalillo County-2010 Proposed Changes.

The pdf file has information in the following order:

• Current Chapter 6-45 – Restraint of Animals – page 1
• Proposed Chapter 6-45 – Restraint of Animals – page 2
• Current Chapter 6-58 – Care and Maintenance – page 3
• Proposed Chapter 6-58 – Care and Maintenance – page 4-6

We’ll be back with comment after gathering additional information. Suffice it to say anyone with a libertarian perspective (i.e., suspicion of coercive authority) should be concerned about quotes like “we know several recommendations are unenforceable” and “animal legislation can’t be fair because it has to address the lowest common denominator”.

Final Legislative Update – April 20, 2009

CROSSPOST JUDICIOUSLY! Don’t assume everyone will want to know about NM’s animal interest bills. An editorial and reflections on the legislative session will be published by April 26, 2009.

Concerned New Mexico Animal Owners
New Mexico 49th Legislature, First Session, 2009
Animal Related Legislation Summary,
Contact: Bob De Young (bobATtexaustralian.com…replace “AT” with @)

Following are the bills signed into law by Governor Richardson. Refer to the March 15 Legislative Update for the recommended position and editorial comment on each bill.

FORMAT FOR THE BILLS SUMMARY BELOW IS:
BILL : Sponsor
Bill Webpage

HB 265 NO GAS CHAMBER FOR ANIMAL EUTHANASIA : Martinez K
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20265&year=09
Note: This bill is accompanied by $100,000 in transition funding for affected communities in HB 2 GENERAL APPROPRIATION ACT OF 2009. Refer to page 229, lines 11-13 in the final version of the bill.

HB 467 AQUATIC INVASIVE SPECIES CONTROL : Tripp
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20467&year=09

HB 567 FARM & RANCH COMMUNITY LICENSE PLATES : Egolf
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20567&year=09

HB 593 ANIMAL EUTHANASIA REQUIREMENTS : Martinez K
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20593&year=09

HB 594/SB504 FERAL HOG CONTROL : Ezzell/Griego
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20594&year=09

HB 645 BASS FISHING LICENSE PLATES : Tripp
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20645&year=09

HB 772 4-H SUPPORT LICENSE PLATES : Hall
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20772&year=09

SB 127 CUSTODY & CARE OF MISTREATED ANIMALS : Wirth
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20127&year=09

SB 185 PET LICENSE PLATE FEES TO ANIMAL CARE FUND : Garcia M J
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20185&year=09

SB 553 COUNTY CATTLE GUARDS NEAR SCHOOL BUS ROUTES : Ulibarri
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20553&year=09

SB 669 DISABLED VETERAN GAME & FISH BENEFITS : Rodriguez
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20669&year=09

Legislative Update – March 26, 2009 – 48 Bills!

CROSSPOST JUDICIOUSLY! Don’t assume everyone will want to know about the 48 NM animal interest bills.

The next full update will be by Sunday, April 19, after the period of action allowed for the Governor has expired.

Concerned New Mexico Animal Owners
New Mexico 49th Legislature, First Session, 2009
Animal Related Legislation Summary, 48 Bills
Contact: Bob De Young (bobATtexaustralian.com…replace “AT” with @) to receive regular twice a week updates.

NOTICES
Results on “key” bills are:

• HB159 (animal cruelty) : oppose until amended : died in committee
• HB604 (elect instead of appoint game commissioners) : oppose : died in committee
• HB667 (dangerous dogs) : conditional support : died on house vote
• SB127 (shelter indemnity) : support : passed by legislature (Governor action pending)
• SB391 (landowner takings of animals) : conditional support : died on house floor (no vote)

FORMAT FOR THE BILLS SUMMARY BELOW IS:
BILL : Sponsor
Bill Webpage
RECOMMENDED POSITION (SUPPORT, CONDITIONAL SUPPORT, OPPOSE UNTIL AMENDED, OPPOSE)
LEGISLATURE/GOVERNOR ACTION

Refer to the March 15 Legislative Update for more information on each bill.

HB 11 VALLES CALDERA ELK LICENSES : Wallace
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20%2011&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in Senate Public Affairs Committee

HB 68 NONGAME FISH CAPTURE OR KILLING : Campos J
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20%2068&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died on Senate vote

HB 82 INTENTIONALLY STARVING ANIMALS TO DEATH : Lundstrom
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20%2082&year=09
RECOMMENDED POSITION : CONDITIONAL SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in House Judiciary Committee

HB 125 SOCORRO SPAY & NEUTER PROGRAM : Tripp
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20125&year=09
RECOMMENDED POSITION : OPPOSE
LEGISLATURE/GOVERNOR ACTION : Died in House Appropriations & Finance Committee

HB 128 NMSU VETERINARY EDUCATION & RURAL PROGRAM : Tripp
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20128&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in House Appropriations & Finance Committee

HB 133 NMSU SUSTAINABLE AGRICULTURE PROGRAM : Steinborn
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20133&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in House Appropriations & Finance Committee

HB 143 GAME & FISH PENALTY ASSESSMENT PAYMENTS : Barela
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20143&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died on Senate vote

HB 159 EXPAND CRUELTY TO ANIMALS : Park
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20159&year=09
RECOMMENDED POSITION : OPPOSE UNTIL AMENDED
LEGISLATURE/GOVERNOR ACTION : Died in Senate Judiciary Committee

HB 204 EXTEND HORSE RACING ACT TO 2015 : Sandoval
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20204&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died on Senate floor (no vote)

HB 265 NO GAS CHAMBER FOR ANIMAL EUTHANASIA : Martinez K
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20265&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (Governor action pending)

HB 302 ESPANOLA ANIMAL SHELTER : Rodella
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20302&year=09
RECOMMENDED POSITION : OPPOSE
LEGISLATURE/GOVERNOR ACTION : Died in House Appropriations & Finance Committee

HB 434 FAMILY VIOLENCE PROTECTION ACT REVISIONS : King
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20434&year=09
RECOMMENDED POSITION : CONDITIONAL SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died on Senate floor (no vote)

HB 456 PURCHASE POLICE DOG PROTECTIVE VESTS : Tripp
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20456&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in Senate Finance Committee

HB 467 AQUATIC INVASIVE SPECIES CONTROL : Tripp
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20467&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (Governor action pending)

HB 567 FARM & RANCH COMMUNITY LICENSE PLATES : Egolf
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20567&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (Governor action pending)

HB 593 ANIMAL EUTHANASIA REQUIREMENTS : Martinez K
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20593&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (Governor action pending)

HB 594 FERAL HOG CONTROL : Ezzell
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20594&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (Governor action pending) – same bill as SB504

HB 604 STATE GAME COMMISSION MEMBER ELECTIONS : Tripp
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20604&year=09
RECOMMENDED POSITION : OPPOSE
LEGISLATURE/GOVERNOR ACTION : Died in House Voters & Elections Committee

HB 645 BASS FISHING LICENSE PLATES : Tripp
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20645&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (Governor action pending)

HB 667 DANGEROUS DOG DEFINITIONS & PROSECUTION : Heaton
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20667&year=09
RECOMMENDED POSITION : CONDITIONAL SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died on House vote

HB 696 NMSU VERTEBRATE WILDLIFE MUSEUM SUPPORT : Gutierrez
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20696&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in House Appropriations & Finance Committee

HB 772 4-H SUPPORT LICENSE PLATES : Hall
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20772&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (Governor action pending)

HB 781 EQUINE PROTECTION FUND : Nunez
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20781&year=09
RECOMMENDED POSITION : CONDITIONAL SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in House Agriculture Committee

HB 875 GAME HUNTING OUTFITTER REQUIREMENTS : Garcia
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20875&year=09
RECOMMENDED POSITION : CONDITIONAL SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in House Business & Industry Committee

HB 892 ANIMAL SHELTER EUTHANASIA REQUIREMENTS : Martinez K
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20892&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in House Appropriations & Finance Committee

HJM 4 WILDLIFE CORRIDOR INFO SHARING : Stewart
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=JM&legno=%20%20%204&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (joint memorials require no action by Governor)

HJM 15 TIERRA AMARILLA LAND GRANT LAND USE RIGHTS : Rodella
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=JM&legno=%20%2015&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died on Senate floor (no vote)

HJM 56 FFA & 4-H DAY : Hall
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=JM&legno=%20%2056&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (joint memorials require no action by Governor)

HJR 19 EXTEND DOWNS OF ALBUQUERQUE LEASE : Park
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=JR&legno=%20%2019&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (joint resolutions require no action by Governor)

HM 49 SPAY DAY ESPANOLA : Lujan
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=M&legno=%20%2049&year=09
RECOMMENDED POSITION : CONDITIONAL SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by House (House memorials require no action by Governor)

SB 127 CUSTODY & CARE OF MISTREATED ANIMALS : Wirth
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20127&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (Governor action pending)

SB 185 PET LICENSE PLATE FEES TO ANIMAL CARE FUND : Garcia M J
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20185&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (Governor action pending)

SB 282 : NMSU SUSTAINABLE AGRICULTURE PROGRAM : Beffort
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20282&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in Senate Finance Committee

SB 313 CRUELTY TO ANIMALS INCLUDES ABANDONMENT : Eichenberg
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20313&year=09
RECOMMENDED POSITION : OPPOSE
LEGISLATURE/GOVERNOR ACTION : Died on House floor (no vote)

SB 351 NMSU AGRICULTURAL EDUCATION EVENT ATTENDANCE : Campos
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20351&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in Senate Finance Committee

SB 358 ESPANOLA ANIMAL SHELTER SERVICES : Martinez
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20358&year=09
RECOMMENDED POSITION : OPPOSE
LEGISLATURE/GOVERNOR ACTION : Died in Senate Finance Committee

SB 391 LANDOWNER TAKINGS OF CERTAIN ANIMALS : Sanchez
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20391&year=09
RECOMMENDED POSITION : CONDITIONAL SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died on House floor (no vote)

SB 471 CREATE NM RODEO COUNCIL : Munoz
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20471&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in Senate Rules Committee

SB 492 SEIZURE & BRAND INSPECTION OF LIVESTOCK : Asbill
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20492&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died on House floor (no vote)

SB 504 FERAL HOG CONTROL : Griego
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20504&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (Governor action pending) – same bill as HB594

SB 553 COUNTY CATTLE GUARDS NEAR SCHOOL BUS ROUTES : Ulibarri
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20553&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (Governor action pending)

SB 562 JUNIOR RODEO FINALS IN NEW MEXICO : Munoz
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20562&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in Senate Finance Committee

SB 669 DISABLED VETERAN GAME & FISH BENEFITS : Rodriguez
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20669&year=09
RECOMMENDED POSITION : CONDITIONAL SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (Governor action pending)

SJM 42 DAY OF THE ROADRUNNER : Sapien
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=JM&legno=%20%2042&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (joint memorials require no action by Governor)

SJM 43 FFA & 4-H DAY : Griego
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=JM&legno=%20%2043&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by legislature (joint memorials require no action by Governor)

SJM 49 VALLES CALDERA MANAGEMENT HEARINGS : Eichenberg
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=JM&legno=%20%2049&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Died in Senate Rules Committee

SM 32 VALLES CALDERA MANAGEMENT HEARINGS : Eichenberg
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=M&legno=%20%2032&year=09
RECOMMENDED POSITION : SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by Senate (Senate memorials require no action by Governor)

SM 68 ESPANOLA PIT FIX MONTH : Martinez
http://www.nmlegis.gov/lcs/_session.aspx?Chamber=S&LegType=M&LegNo=68&year=09
RECOMMENDED POSITION : CONDITIONAL SUPPORT
LEGISLATURE/GOVERNOR ACTION : Passed by Senate (Senate memorials require no action by Governor)

HB 159 EXPAND CRUELTY TO ANIMALS – Senate Judiciary Thank You

Following is our recommended letter to the New Mexico Senate Judiciary Committee thanking them for their careful consideration of the subject bill. You are welcome to copy and paste and customize it for your own email or use it for talking points when calling the Senators and Representative Park. Don’t forget to contact your own Senator. You can locate your Senator at http://www.nmlegis.gov/lcs/legislatorsearch.aspx

Senate Judiciary Committee Contact Information:
Senator Cisco McSorley : Chair : cisco.mcsorley@nmlegis.gov : 505-986-4485
Senator Richard C. Martinez : Vice-Chair : richard.martinez@nmlegis.gov : 505-986-4389
Senator Tim Eichenberg : Member : tim.eichenberg@nmlegis.gov : 505-986-4859
Senator Clinton D. Harden : Member : charden@theosogroup.com : 505-986-4369
Senator Linda M. Lopez : Member : 505-986-4737
Senator Sander Rue : Member : sanderrue@comcast.net : 505-986-4375
Senator John C. Ryan : Member : johnchrisryan@yahoo.com : 505-986-4373
Senator Bernadette M. Sanchez : Member : senb26@yahoo.com : 505-986-4267
Senator Michael S. Sanchez : Member : senatormssanchez@aol.com : 505-986-4727
Senator Peter Wirth : Member : peter.wirth@nmlegis.gov : 505-986-4276
Senator William H. Payne : Ranking Member : william.payne@nmlegis.gov : 505-986-4703

Chairman (House Judiciary Committee) Park’s Contact Information:
Representative Al Park : Chair : alpark.nm@gmail.com : 505-986-4411

SUBJECT: HB 159 EXPAND CRUELTY TO ANIMALS – OPPOSE UNTIL AMENDED – Thank You
EMAIL TO: cisco.mcsorley@nmlegis.gov; richard.martinez@nmlegis.gov; tim.eichenberg@nmlegis.gov;charden@theosogroup.com; sanderrue@comcast.net; johnchrisryan@yahoo.com; senb26@yahoo.com; senatormssanchez@aol.com; peter.wirth@nmlegis.gov; william.payne@nmlegis.gov; alpark.nm@gmail.com

Dear Chairman McSorley, Members of the Senate Judiciary Committee, and Chairman Park,

Many thanks for your service to our state!

Everyone associated with Concerned New Mexico Animal Owners (CNMAO) wants to see an effective amendment to the animal cruelty statute passed as long as it is reasonably devoid of the potential for unintended consequences. CNMAO has informed me that HB159 has been tabled in committee because those concerns could not be resolved.

Senator Harden, many thanks for supporting the “working and performance animals” amendment and carrying it to the committee, recognizing the need to provide clarifying language meaningful to the average citizen and similar to protections for responsible use of animals in rodeos and animal agriculture. And, Chairman Park, thank you for your acceptance of the language, recognizing that in no way does it have a negative affect on the bill. Thank you to all for the “Do Pass” vote on the amendment.

Regarding the concerns raised about unintended consequences on sections D(3), D(4) and D(5) that expand felony offenses, thank you for carefully considering them. And, Senator Payne thank you for affirming those concerns based on your own personal experience. It is clear that the Committee came to appreciate the dilemma identified by those associated with CNMAO. I, and a number of organizations, have been assured CNMAO will continue to work with individuals and organizations to formulate a better animal cruelty statute for the state that allows for prosecution of intentional acts of animal cruelty and neglect, but strikes a proper balance with recognizing the need for compassion for those that may be guilt ridden and already paid a price for what is often caused by inadequate education regarding care of an animal, a momentary lapse in good judgment or the result of being faced with a difficult financial situation.

Best regards,
YOUR NAME
YOUR TOWN

Legislative Calendar Update – March 15, 2009

OK TO CROSSPOST JUDICIOUSLY! Don’t assume everyone will want to know about the 48 NM animal interest bills.

NOTICES
Refer to today’s legislative update for more information on a specific bill. We know this update is incomplete because many committees are posting agendas just before meetings. However, we do believe information on the five “key” bills is accurate: HB159, HB604, HB667, SB127 and SB391.

Passed House: HB11, HB68, HB143, HB159, HB204, HB265, HB434, HB456, HB593, HB594, HJM4, HJM15, HM49
Passed Senate: SB127, SB313, SB391, SB492, SB504, SB553, SM32, SM68
Passed House and Senate: HJM56, SJM43
Signed into law:
Vetoed:
Tabled in Committee: HB604
Killed: HB667

HOUSE VOTE : Monday, March 16, 10:30am
SB 127 CUSTODY & CARE OF MISTREATED ANIMALS
SB 553 COUNTY CATTLE GUARDS NEAR SCHOOL BUS ROUTES

HOUSE TABLE
None

HOUSE TEMPORARY CALENDAR (i.e., Vote Following Work Day)
None

HOUSE JUDICIARY : Monday, March 16, 30 minutes after House floor session ends, Room 309
SB 504 FERAL HOG CONTROL

SENATE VOTE : Monday, March 16, 10:30am
SB 669 DISABLED VETERAN GAME & FISH BENEFITS
HB 68 NONGAME FISH CAPTURE OR KILLING
HB 265 NO GAS CHAMBER FOR ANIMAL EUTHANASIA
HB 593 ANIMAL EUTHANASIA REQUIREMENTS
HB 594 FERAL HOG CONTROL
HB 143 GAME & FISH PENALTY ASSESSMENT PAYMENTS
HJM 4 WILDLIFE CORRIDOR INFO SHARING

SENATE TABLE
SJM 42 DAY OF THE ROADRUNNER

SENATE TEMPORARY CALENDAR (i.e., Vote Following Work Day)
None

SENATE CORPORATIONS AND TRANSPORTATION : Monday, March 16 – 2:00 p.m. or 1/2 hour after floor session, Room 311
HB 567 FARM & RANCH COMMUNITY LICENSE PLATES

SENATE JUDICIARY : Monday, March 16, 2:00 p.m. or 1/2 hour after floor session, Room 321
HB 159 EXPAND CRUELTY TO ANIMALS

SB 127 CUSTODY & CARE OF MISTREATED ANIMALS – House & House Judiciary Letter

Following is our recommended letter to the New Mexico House and House Judiciary Committee regarding the subject bill. You are welcome to copy and paste and customize it for your own email or use it for talking point when calling the Representatives. Don’t forget to contact your own Representative. You can locate your Representative at http://www.nmlegis.gov/lcs/legislatorsearch.aspx

House Leadership Contact Information
Speaker Ben Lujan : Speaker : ben.lujan@nmlegis.gov : 505-986-4782
Representative W. Ken Martinez : House Majority Leader : mlo1@7cities.net : 505-986-4776
Representative Sheryl Williams Stapleton : Majority Whip : sheryl.stapleton@nmlegis.gov : 505-986-4774
Representative Thomas C. Taylor : Minority Floor Leader : tom@tomtaylor.net : 505-986-4757
Representative Keith J. Gardner : Minority Whip : gardners90@yahoo.com : 505-986-4757

House Judiciary Committee Contact Information:
Representative Al Park : Chair : alpark.nm@gmail.com : 505-986-4411
Representative Joseph Cervantes : Vice-Chair : cervanteslaw@zianet.com : 505-986-4249
Representative Eliseo Lee Alcon : Member : eliseoalcon@msn.com : 505-986-4254
Representative Paul C. Bandy : Member : paul@paulbandy.org : 505-986-4214
Representative Elias Barela : Member : elias@barelalaw.com : 505-986-4235
Representative Gail Chasey : Member : gailchasey@msn.com : 505-986-4844
Representative Zachary J. Cook : Member : junderwoodfirm@yahoo.com : 505-986-4454
Representative Dennis J. Kintigh : Member : askdennis@denniskintigh.com : 505-986-4453
Representative Antonio “Moe” Maestas : Member : antonio@moejustice.com : 505-986-4464
Representative W. Ken Martinez : Member : mlo1@7cities.net : 505-986-4476
Representative Bill B. O’Neill : Member : oneillhd15@fastmail.us : 505-986-4254
Representative William “Bill” R. Rehm : Member : Billrehm@comcast.net : 505-986-4450
Representative Mimi Stewart : Member : mstewart@osogrande.com : 505-986-4840
Representative Gloria C. Vaughn : Member : 505-986-4453

SUBJECT: SB 127 CUSTODY & CARE OF MISTREATED ANIMALS – SUPPORT (as amended by House Judiciary Committee)
EMAIL TO: ben.lujan@nmlegis.gov, mlo1@7cities.net, sheryl.stapleton@nmlegis.gov, tom@tomtaylor.net, gardners90@yahoo.com, alpark.nm@gmail.com; cervanteslaw@zianet.com; eliseoalcon@msn.com; paul@paulbandy.org; elias@barelalaw.com; gailchasey@msn.com; junderwoodfirm@yahoo.com; askdennis@denniskintigh.com; antonio@moejustice.com; mlo1@7cities.net; oneillhd15@fastmail.us; Billrehm@comcast.net; mstewart@osogrande.com

Dear Speaker, House Leadership, Chairman Park and Members of the House Judiciary Committee

Many thanks for your service to our state!

I am writing to inform you I am in support of SB 127, Custody & Care of Mistreated Animals in it’s current form (i.e., as amended by the House Judiciary Committee) and ask that you vote for SB 127 with no additional changes. As I understand, a contingent of constituents aligned with Concerned New Mexico Animal Owners (CNMAO) attended the House Judiciary Committee meeting where this bill was heard with the intent of opposing animal indemnity sections C, D, E and F due to grave concerns about unintended consequences. To the great credit of the committee, they listened to the concerns carefully and were able to craft a pragmatic and exceptional solution that protects the rights of the innocent and considers the financial means of the accused.

For more information, CNMAO’s current position on all 48 animal interest bills of the 2009 New Mexico Legislative Session can be found in the NM Legislative Updates category of the CNMAO blog (https://cnmao.wordpress.com).

Also, CNMAO estimates state sales tax revenues generated by expenditures for the care of dogs alone is over $40 million annually. That estimate excludes sales tax revenues generated at a county/city level. On that basis, in future legislative sessions, I respectfully suggest the legislature take up the proactive cause of providing more support for low cost voluntary sterilization programs, education programs and temporary financial assistance to animal owners in need to reduce the necessity for reactive punitive measures.

Best regards,
YOUR NAME
YOUR TOWN

Legislative Update – March 15, 2009 – 48 Bills LONG!

CROSSPOST JUDICIOUSLY! Don’t assume everyone will want to know about the 48 NM animal interest bills.

The next full update will be on Tuesday, March 24 after the New Mexico Legislature website proofreading is complete.

Concerned New Mexico Animal Owners
New Mexico 49th Legislature, First Session, 2009
Animal Related Legislation Summary, 48 Bills
Contact: Bob De Young (bobATtexaustralian.com…replace “AT” with @) to receive regular twice a week updates.

Content in order is notices, position summary (support, conditional support, oppose, oppose until amended) and summaries for each bill.

NOTICES
We know this update is inaccurate because the state legislative website has fallen behind on updating activity on many bills. However, we do know the status on the “key” bills. Our recommended positions on five “key” bills are:

• HB159 (animal cruelty) : oppose until amended
• HB604 (elect instead of appoint game commissioners) : oppose
• HB667 (dangerous dogs) : conditional support
• SB127 (shelter indemnity) : support
• SB391 (landowner takings of animals) : conditional support

Please contact me PRIVATELY if you have concerns related to the recommended position for any bill.

New bills: None
Scheduled for committee vote: Refer to legislative calendar updates.
Scheduled for House or Senate vote: Refer to legislative calendar updates.
Passed House: Refer to legislative calendar updates.
Passed Senate: Refer to legislative calendar updates.
Passed House and Senate: Refer to legislative calendar updates.
Signed into law: Refer to legislative calendar updates.
Vetoed: Refer to legislative calendar updates.
Killed: Refer to legislative calendar updates.

RECOMMEND SUPPORT
HB11, HB68, HB128, HB133, HB143, SB185, HB204, HB265, HB456, HB467, HB567, HB593, HB594, HB645, HB696, HB772, HB892, HJM4, HJM15, HJM56, HJR19, SB127, SB282, SB351, SB471, SB492, SB504, SB553, SB562, SJM42, SJM43, SJM49, SM32

RECOMMEND CONDITIONAL SUPPORT
HB82 Intentionally Starving Animals to Death, conditional support is based on a change to sections H. (2) and (7). Refer to the editorial comments below for HB82.

HB434 Family Violence Protection Act Revisions, conditional support is based on cruelty to animals amendments referencing Section 30-18-1 of New Mexico statutes regarding animal cruelty.

HB667 Dangerous Dog Definitions & Prosecution, conditional support is based on the need for an amendment requiring a dangerous dog and their owner enroll “in a socialization and behavior program approved or offered by the animal control authority” similar to that required for a “potentially dangerous dog.”

HB 781 Equine Protection Fund, conditional support is based on state appropriations being limited to supporting administrative expenses. Additional funding should be obtained through special registration license plates, donations and other means.

HB 875 Game Hunting Outfitter Requirements, conditional support is based on reinstating the three year registered guide experience requirement removed in the bill.

HM 49 Spay Day Espanola, conditional support is based on the fact that Spay Day USA is good in that it raises the importance of sterilizing pets. However, as an HSUS event it continues to propagate the myth that there is a pet overpopulation problem instead of addressing the real problem of high quality shelter management.

SB 391 Landowner Takings Of Certain Animals, conditional support is based on the bill being amended to allow that any animal can be killed or taken in the event of immediate threat to humans and animals (for consistency with animal cruelty Section 30-18-1). And, payment for property damages be extended to all game species (i.e., not limited to that caused by predators and covered species) and that all damage claims be guaranteed by the Board of Finance (i.e., instead of merely allowing a request for additional funding).

SB 669 Disabled Veteran Game & Fish Benefits, conditional support is based on supplementing the Department of Game and Fish budget with additional funding from the General Fund due to lost revenues.

SM 68 Espanola Pit Fix Month, conditional support is based on the fact that this resolution supports sterilization as a more effective means of reducing the number of homeless animals than euthanasia. However, it doesn’t avoid propagating the myth that there is a pet overpopulation problem instead of addressing the real problem of high quality education programs and shelter management.

RECOMMEND OPPOSE UNTIL AMENDED
HB159 Expand Cruelty to Animals, opposed until amended is based on a requested change to section H.(7). Refer to the editorial comments below for HB159. We also support a change to sections D(3), D(4), D(5) and H(2) and direction to the Animal Sheltering Services Board to enact rule-making that assists in destigmatizing voluntary relinquishment and encourages assistance and education to prevent abandonment.

RECOMMEND OPPOSE
HB125 Socorro Spay & Neuter Program (local earmark)
HB302 Espanola Animal Shelter (local earmark)
HB604 State Game Commission Member Elections (appointments are recommended for this commission)
SB313 Cruelty to Animals Includes Abandonment (unintended consequences)
SB358 Espanola Animal Shelter Services (local earmark)

Format for all bills is:
BILL NUMBER & TITLE : Sponsor : Status (NEW, NO CHANGE or UPDATE)
Current Committee/House/Branch
Summary Web Page Location
ACTIONS
DESCRIPTION
EDITORIAL : (with SUPPORT or OPPOSE recommendation)

HB 11 VALLES CALDERA ELK LICENSES : Wallace : NO CHANGE
Senate Public Affairs
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20%2011&year=09
ACTIONS
Senate Conservation : Passed
House : Passed
House Energy & Natural Resources : Passed, amended by replacing 15 to 20 with 15% to 25%
House Health and Government Affairs : Passed
Fiscal Impact : None
DESCRIPTION
Amends current law to allow the director of the department of game and fish to issue no less than 15% but no more than 25% of bull elk hunting licenses under enhancement authorizations each year within the Valles Caldera national preserve. The preserve shall determine the manner of issuance of the authorizations pursuant to this subsection either by auction, lottery or as otherwise determined by the board of trustees of the preserve.
EDITORIAL : SUPPORT
The current lottery system for licenses allows individuals to purchase up to 20 lottery tickets at $20 to $30 each for every hunting period (14 in 2009). In 2009, 250 total licenses and 77 bull elk licenses are available. 78% of licenses are alloted to New Mexico residents and 22% are alloted to non-residents. According to the Albuquerque Journal, the enhancement authorizations will be sold for $7,500 and include a stay at the Valles Grande lodge and three catered meals each day. Prior to the federal government acquisition of the Valles Calderas preserve, bull elk hunts cost as much as $12,000. Public land use issues are often emotionally charged, more so when classes of haves and have-nots are created. Recognizing the need for Valles Caldera to be self-sustaining by 2015, the percentage allocation is a reasonable compromise that we recommended, requiring the number of enhancement authorizations allocated to the new program to fluctuate from year to year consistent with other licenses.

HB 68 NONGAME FISH CAPTURE OR KILLING : Campos J : NO CHANGE
Senate Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20%2068&year=09
ACTIONS
Senate Conservation : Passed
House : Passed
House Judiciary : Passed
House Energy and Natural Resources : Passed
Fiscal Impact : None
DESCRIPTION
The state game commission shall adopt rules on the manner, method and devices used for the taking, capturing or killing of nongame fish necessary for the protection and conservation of game fish. A person violating a rule of the state game commission pertaining to nongame fish is guilty of a misdemeanor.
EDITORIAL : SUPPORT
If passed, input to state game commission will be important when they address this issue.

HB 82 INTENTIONALLY STARVING ANIMALS TO DEATH : Lundstrom : NO CHANGE
House Judiciary. This bill has been tabled. No further action expected.
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20%2082&year=09
ACTIONS
House Agriculture and Water Resource : Passed
Fiscal Impact : None
DESCRIPTION
Amends current law to make the following a fourth degree felony: intentionally or maliciously starving or dehydrating an animal to death.
EDITORIAL : CONDITONAL SUPPORT
This bill will likely die in favor of HB159. This bill is concise and current law has provisions to address unintended consequences. However, the existing law and committee substitute do not adequately protect commonly accepted activities. Conditional support is based on a change to sections H.(2) and (7) to read:
(H)The provisions of this section do not apply to:
(2) the practice of veterinary medicine, as provided in Chapter 61, Article 14 NMSA 1978, when the practice is in accordance with commonly accepted husbandry or veterinary practices. The board of veterinary medicine already has the authority to determine what is a commonly accepted veterinary practice and mention in this bill is unnecessary.
(7) other commonly accepted activities not otherwise prohibited by law including, but not limited to, husbandry, training and competition associated with use of animals in performance and working events or in activities including, but not limited to, hunting, working, herding guardianship, predator control and vermin control.

HB 125 SOCORRO SPAY & NEUTER PROGRAM : Tripp : NO CHANGE
House Appropriations & Finance
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20125&year=09
ACTIONS
Health and Government Affairs : Passed
Fiscal Impact : $25,000 recurring
DESCRIPTION
$25,000 appropriation for Socorro animal shelter sterilization program.
EDITORIAL : OPPOSE
Representative Tripp is to be commended for attention to local issues. However, state funds should be consolidated for use in a statewide low cost voluntary sterilization program. Local governments should have the option of continuing their program and/or supplementing the state program to get additional service.

HB 128 NMSU VETERINARY EDUCATION & RURAL PROGRAM : Tripp : NO CHANGE
House Appropriations & Finance
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20128&year=09
ACTIONS
House Education : Passed
Fiscal Impact : $250,000 recurring
DESCRIPTION
$250,000 appropriation to NMSU to support veterinary education through the New Mexico rural veterinary practice relief program.
EDITORIAL : SUPPORT
Appropriate measure to support large animal veterinary programs.

HB 133 NMSU SUSTAINABLE AGRICULTURE PROGRAM : Steinborn : NO CHANGE
House Appropriations & Finance
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20133&year=09
ACTIONS
House Education : Passed
Fiscal Impact : $100,000 recurring
DESCRIPTION
$100,000 appropriation from the general fund to NMSU to provide teaching, research and extension services in a sustainable agriculture program by the small farm institute for students and small-scale farmers and ranchers. SB 282 is a companion bill.
EDITORIAL : SUPPORT
Appropriate measure to support small farms & ranches. Based on available information, the NMSU Small Farm Institute appears to be “nonpartisan.”

HB 143 GAME & FISH PENALTY ASSESSMENT PAYMENTS : Barela : NO CHANGE
Senate Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20143&year=09
ACTIONS
Senate Conservation : Passed
House : Passed
House Judiciary: Passed
House Energy & Natural Resources :Passed
Fiscal Impact : No appropriation, $56,800 revenue recurring
DESCRIPTION
Amendment to add a penalty assessment misdemeanor of $75 – $100 for fishing, manner and method, small game and waterfowl rule violations
EDITORIAL : SUPPORT
Penalty fees are comparable to existing fishing without a license and hunting small game without a license. Fishing, manner and method, small game and waterfowl rule violations previously required appearance in magistrate court. This change allows for payment of a fine or appearance in magistrate court.

HB 159 EXPAND CRUELTY TO ANIMALS : Park : UPDATE
Senate Conservation
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20159&year=09
ACTIONS
Senate Conservation : Passed
House : Passed
House Judiciary : Passed with Committee Substitute
House Consumer & Public Affairs Committee : Passed
Fiscal Impact : None
DESCRIPTION
This bill address animal cruelty and has been replace by a committee substitute. It makes current cruelty laws apply to all animals, but not insects (reptiles were previously excluded). It adds a definition for “sustenance” as food, water and shelter to the existing law. It consolidates references in current law of “tormenting, torturing, mutilating and poisoning” into the definition of “mistreatment.” Leaving an animal unattended and confined inside a motor vehicle and physical injury or death results is classified as cruelty (a misdemeanor). It reclassifies the fourth degree felony of “extreme cruelty” to “aggravated cruelty.” It classifies most acts of cruelty that result in the death or great bodily harm to an animal as aggravated cruelty, whether or not intentional. This bill does not change state law regarding the taking of an animal’s life when it presents a threat to human life and property (e.g., livestock, pets or crops) which is found in section 17-2-7.2 of New Mexico statutes.
EDITORIAL : OPPOSE UNTIL AMENDED
The committee substitute bill addresses many previous concerns. Some provision of the bill are unnecessary because they are addressed in existing law (e.g., clarification of the exception for veterinarians). And, the existing law and committee substitute do not adequately protect commonly accepted activities. Oppose until amended is based on a change to section H(7) to read:

(H)The provisions of this section do not apply to:
(7) other commonly accepted activities not otherwise prohibited by law including husbandry, training and competition associated with use of animals in performance and working events or in activities including hunting, working, herding, guardianship, predator control and vermin control.

A change to section H(2) is a secondary concern with a recommended change to:

(H)The provisions of this section do not apply to:
(2) the practice of veterinary medicine, as provided in Chapter 61, Article 14 NMSA 1978, when the practice is in accordance with commonly accepted husbandry or veterinary practices. The board of veterinary medicine already has the authority to determine what is a commonly accepted veterinary practice and mention in this bill is unnecessary.

In addition, it is recommended that sections D(3) and D(4) be removed and section D(5) be modified to add the words “intentional or maliciously” at the beginning. Those sections deal with negligent mistreatment, abandonment that results in death/serious injury and failing to provide sustenance that results in death/serious injury, respectively. There is significant concern about unintended consequences and punishment comparable to other more offensive felony acts such as intentional or malicious mistreatment or killing as noted in sections D.1 and D.2.

Also, it is recommended that the Animal Sheltering Services Board be directed to enact rule-making that assists in destigmatizing voluntary relinquishment and encouraging assistance and education to prevent abandonment through HB 593 or other appropriate means.

The following national, state and local organizations are also in support of the changes associated with protections related to commonly accepted animal activities: American Dog Breeders Association, American Pulling Association, American Saluki Association, Coursing Conservancy (NM), Land of Enchantment American Pit Bull Terrier Club, National Animal Interest Alliance, New Mexico Council of Outfitters and Guides, New Mexico Houndsmen’s Association, New Mexico Toy Group, Rio Grande Kennel Club, Saluki Club of America, Southwest Coursing Club (NM), United States Sportsmen’s Alliance and Valencia Valley Kennel Club of New Mexico, Inc.

HB 204 EXTEND HORSE RACING ACT TO 2015 : Sandoval : NO CHANGE
Senate Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20204&year=09
ACTIONS
Senate Public Affairs : Passed
House : Passed
House Taxation & Revenue : Passed
House Health and Government Affairs : Passed
Fiscal Impact : None
DESCRIPTION
Extend the life of the state racing commission and the horse racing act until July 1, 2015, to allow for bonds issued by the New Mexico State Fair to be repaid and to prevent interruption of the revenue stream dedicated to the repayment of the bonds.
EDITORIAL : SUPPORT
Appropriate measure to support repayment of state bonds.

HB 265 NO GAS CHAMBER FOR ANIMAL EUTHANASIA : Martinez K : NO CHANGE
Senate Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20265&year=09
ACTIONS
Senate Conservation : Passed
House : Passed
House Judiciary : Passed
House Consumer & Public Affairs : Passed
Fiscal Impact : None
DESCRIPTION
Prohibits euthanasia by carbon monoxide gas chamber and prohibits local ordinances from conflicting with the Animal Sheltering Services Act. The prohibition on euthanasia will go into effect in July 2009. The regulation & licensing department has also suggest an amendment that local ordinances for the impounding and disposition of animals found running at large also be prohibited from conflicting with the provisions of the Animal Sheltering Services Act.
EDITORIAL : SUPPORT
While this is an unnecessary mandate because the Animal Sheltering Services Board (ASSB) has authority to regulate this issue, Representative Martinez has also introduced HB 892 to appropriate $500,000 in funding over a two year period to assist communities using carbon monoxide chambers with their transition to lethal injection.

HB 302 ESPANOLA ANIMAL SHELTER : Rodella : NO CHANGE
House Appropriations & Finance
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20302&year=09
ACTIONS
House Consumer & Public Affairs : Passed
Fiscal Impact : $48,000 recurring
DESCRIPTION
$48,000 appropriation to fund animal shelter services, including a spay/neuter program, an animal transfer program and operational expenses for Espanola. SB358 is a companion bill.
EDITORIAL : OPPOSE
Representative Rodella is to be commended for attention to local issues. However, state funds should be consolidated for use in a statewide low cost voluntary sterilization program. Local governments should have the option of continuing their program and/or supplementing the state program to get additional service.

HB 434 FAMILY VIOLENCE PROTECTION ACT REVISIONS : King : UPDATE
Senate Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20434&year=09
ACTIONS
Senate Public Affairs : Passed
House : Passed
House Judiciary : Passed with committee substitute
Health & Government Affairs : Passed
Fiscal Impact : Indeterminate due to expected higher increase in petitions for protective orders.
DESCRIPTION
Among other actions, extends the protection of the Family Violence Protection Act to animals.
EDITORIAL : CONDITIONAL SUPPORT
The cruelty to animals amendments should reference Section 30-18-1 of New Mexico statutes regarding animal cruelty.

HB 456 PURCHASE POLICE DOG PROTECTIVE VESTS : Tripp : NO CHANGE
Senate Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20456&year=09
ACTIONS
House : Passed
House Judiciary : Passed
House Health and Government Affairs : Passed
Fiscal Impact : Pending
DESCRIPTION
Amends current law to allow for the purchase of law enforcement equipment, including protective vests, for police dogs from the law enforcement protection fund.
EDITORIAL : SUPPORT
Representative Tripp is to be commended for supporting these noble working animals with additional protection.

HB 467 AQUATIC INVASIVE SPECIES CONTROL : Tripp : UPDATE
Senate Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20467&year=09
ACTIONS
House : Passed
House Business & Industry : Passed with committee substitute
House Energy & Natural Resources : Passed
Fiscal Impact : $30,000 in 2009, $120,000 in 2010, $150,000 in 2011. Recurring TBD.
DESCRIPTION
Establishes a law to prevent and address existing occurrences of invasive aquatic species as declared by the director of the department of game and fish. Among other things, it also makes provisions for equipment impound and decontamination, check points and prosecution for violation.
EDITORIAL : SUPPORT
Good conservation measure. This act is proactive and well thought out considering ongoing risks associated with invasive non-native aquatic species.

HB 567 FARM & RANCH COMMUNITY LICENSE PLATES : Egolf : UPDATE
Senate Corporations & Transportation
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20567&year=09
ACTIONS
House : Passed
House Appropriations & Finance : Passed
House Transportation and Public Works : Passed
Fiscal Impact : Estimated revenue and expense are approximately offsetting
DESCRIPTION
Special registration plate with a logo indicating support for the New Mexico farm and ranch community. $25 of license plate fee will support the farm and ranch heritage museum for educational programs.
EDITORIAL : SUPPORT
Worthwhile effort to support agricultural heritage.

HB 593 ANIMAL EUTHANASIA REQUIREMENTS : Martinez : NO CHANGE
Senate Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20593&year=09
ACTIONS
Senate Public Affairs : Passed
House : Passed
House Judiciary : Passed
House Consumer & Public Affairs : Passed
Fiscal Impact : $50,000 reduced expense recurring, the regulation and licensing department will not have to hire a veterinarian.
DESCRIPTION
Changes the name of the Animal Sheltering Services Act (ASSA) and Board (ASSB) to the Animal Sheltering Act and Board, changes Animal Sheltering Board meeting requirements from four per year to one per year, changes board member term expiration from no more than two per year to no more than three per year and allows licensed euthanasia technicians to purchase, possess and administer controlled substances intended for euthanasia without veterinary supervision.
EDITORIAL : SUPPORT
Regardless of questions regarding the overall effectiveness of the ASSA and ASSB changes are acceptable. There are potential problems with administering euthanasia when a veterinarian is not present because licensed technicians probably won’t receive the same level of ethical training as a veterinarian, but that is better monitored at the ASSB rule making level.

HB 594 FERAL HOG CONTROL : Ezzell : NO CHANGE
Senate Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20594&year=09
ACTIONS
Senate Conservation : Passed
House : Passed
House Judiciary : Passed
House Agriculture : Passed
Fiscal Impact : None

DESCRIPTION
No person shall import into the state, transport within the state, hold for breeding or sell a live feral hog or operate a commercial feral hog hunting enterprise. The House Judiciary Committee added “Nothing in this section shall prevent a person from possessing captured feral hogs in a secure enclosure for domestication or human consumption or from transporting captured feral hogs for slaughter or processing.” SB504 is a companion bill.
EDITORIAL : SUPPORT
In New Mexico, feral hogs are a non game (destructive/invasive) species and a license is not required to hunt feral hogs if you are a state resident. All that is needed is landowner permission. The purpose of this bill is to discourage their proliferation and “ensure the public health, safety and welfare and to prevent the introduction or spread of disease to New Mexico’s livestock and wildlife.”

HB 604 STATE GAME COMMISSION MEMBER ELECTIONS : Tripp : UPDATE
House Voters & Elections – Unconfirmed, but it is reported that this bill has been tabled (i.e., died in committee).
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20604&year=09
ACTIONS
House Energy & Natural Resources : Passed with committee substitute
Fiscal Impact : None
DESCRIPTION
Amends elected position law to make state game commissioner positions elected positions instead of appointed positions.
EDITORIAL : OPPOSE
Converting commissioners from appointed to elected positions would provide no guarantee that qualified individuals would fill those positions, unlike current requirements. In addition, as the Senate affirms those appointments, the legislature should accept some responsibility whenever there are complaints about the Game Commission. In an increasingly urban state, many voters have no direct interest in the Commission’s primary mission of good conservation and game management practices. In fact, commentary in the significant issues section of the fiscal impact report appears opposed to this bill.

HB 645 BASS FISHING LICENSE PLATES : Tripp : UPDATE
Senate Finance
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20645&year=09
ACTIONS
House : Passed
House Appropriations & Finance : Passed
House Transportation and Public Works : Passed
Fiscal Impact : Estimated revenue and expense are approximately offsetting
DESCRIPTION
$15 of initial $25 fee and entire $10 renewal fee will be applied to the bass habitat management program of the game protection fund.
EDITORIAL : SUPPORT
Good conservation measure.

HB 667 DANGEROUS DOG DEFINITIONS & PROSECUTION : Heaton : NO CHANGE
Died on House floor vote. No further action expected.
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20667&year=09
ACTIONS
House : Died
House Judiciary : Passed
House Consumer & Public Affairs : Passed with committee substitute
Fiscal Impact : Minimal
DESCRIPTION
Amends the dangerous dog law to expand the injuries inflicted that are considered serious (protracted loss or impairment of bodily member/organ), prohibits enclosure by electronic collar or invisible fence, requires a dangerous dog to be controlled by someone 18 years of age or older when off property, requires the dog to be photographed or permanently identified, requires $100,000 of liability insurance.
EDITORIAL : CONDITIONAL SUPPORT
The current dangerous dog law is generally well written and provides adequate protections. In the committee substitute, the following was removed: concussion as a serious injury, breed specific language (rottweilers and pit bulls), warrantless random searches. According to the fiscal impact report, Independent Insurance Agents of New Mexico (IIA) is concerned that this legislation will put an insurance agent in the uncomfortable position of having to tell the owners of a “dangerous dog” that they can either have their family pet or homeowners insurance, but not both. IIA believes that the purpose of this bill is to provide protection for potential victims of dangerous dogs, but the inclusion of the insurance requirements is bound to have unintended consequences that will actually take away liability protection that is currently readily available. Coverage in the surplus lines market could possibly develop as an alternative, but the problems with litigating such claims would make it unaffordable for most people. The House Judiciary Committee amended this bill to reduce the mandatory liability insurance requirement for dangerous dogs from $250,000 to $100,000. Recognizing that a dangerous dog is a dog that has already caused the unprovoked death of or a serious injury to a person or domestic animal, it is difficult to argue there should be NO strict liability requirement. Conditional support is based on continuing to support an amendment requiring a dangerous dog and their owner enroll “in a socialization and behavior program approved or offered by the animal control authority” similar to that required for a “potentially dangerous dog.” While there are other problems with the current law and it’s amendments, particularly related to a “potentially dangerous dog”, they are better addressed in the next legislative session.

HB 696 NMSU VERTEBRATE WILDLIFE MUSEUM SUPPORT : Gutierrez : NO CHANGE
House Appropriations & Finance
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20696&year=09
ACTIONS
House Education : Passed
Fiscal Impact : $50,000 recurring
DESCRIPTION
$50,000 appropriation to New Mexico State University to provide operational support for the university’s vertebrate wildlife museum in the department of fish, wildlife and conservation ecology.
EDITORIAL : SUPPORT
The Vertebrate Museum is the oldest collection of its kind in New Mexico with about 26,000 specimens of mammals, birds, reptiles, and amphibians. They primarily represent the fauna of New Mexico, but include specimens from across the US and other continents. The mission of the Vertebrate Museum is to serve in research and education.

HB 772 4-H SUPPORT LICENSE PLATES : Hall : UPDATE
Senate Intro
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20772&year=09
ACTIONS
House : Passed
House Appropriations & Finance : Passed
House Transportation and Public Works : Passed
Fiscal Impact : Estimated revenue and expense are approximately offsetting
DESCRIPTION
Special registration plate with the 4-H logo indicating support for 4-H. $25 of the license plate fee will support the New Mexico state 4-H office and 4-H youth programs in the
state.
EDITORIAL : SUPPORT
Worthwhile effort to support youth agriculture education.

HB 781 EQUINE PROTECTION FUND : Nunez : NO CHANGE
House Agriculture
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20781&year=09
ACTIONS
Fiscal Impact : Unknown. As written at least $55,000 recurring.
DESCRIPTION
Establishes a fund supported by donations and appropriations to assist with the care, treatment, rehabilitation and humane disposition of equines. The department of finance and administration will control the fund and adopt rules for disbursing money from the fund. An advisory committee will make recommendations for disbursement and consist of individuals with an interest in equine issues, including representatives from horse breeders, the horse racing industry, the rodeo industry, the livestock community and the animal advocacy community.
EDITORIAL : CONDITIONAL SUPPORT
With the defacto elimination of horse slaughter in the US (no facilities currently operate), funding is needed to provide for care and euthansia of unwanted equines. The proposed composition of the advisory board appears to protect all interests. Conditional support is based on state appropriations being limited to supporting administrative expenses. Additional funding should be obtained through special registration license plates, donations and other means.

HB 875 GAME HUNTING OUTFITTER REQUIREMENTS : Garcia : NO CHANGE
House Business & Industry
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20875&year=09
ACTIONS
Fiscal Impact : $25,000 revenue partially offset by $10,000 expense recurring.
DESCRIPTION
Primarily removes old date and interim language dating back to 1996 and 1997. However, it also removes the requirement that a registered outfitter be a registered guide for three years.
EDITORIAL : CONDITIONAL SUPPORT
Reinstating the three year registered guide experience removed in the bill is recommended. The fiscal impact report notes “eliminating the 3 year experience of being a registered guide prior to becoming a registered outfitter any individual without prior hunting guide experience could advertise, book clients and sell hunts for thousands of dollars/hunt/person. This lack of experience may cause a physical and financial risk to licensed hunters employing these outfitters…By lessening the experience requirement for outfitters, complaints could increase due to lack of experience.”

HB 892 ANIMAL SHELTER EUTHANASIA REQUIREMENTS : Martinez : NO CHANGE
House Appropriations & Finance
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20892&year=09
ACTIONS
House Consumer & Public Affairs : Passed
Fiscal Impact : $500,000 non-recurring
DESCRIPTION
Provides an appropriation of $500,000 from the general fund to the animal care and facility fund and is further appropriated from that fund to the regulation and licensing department for expenditure in fiscal years 2010 and 2011 by the animal sheltering services board to assist animal shelters in transitioning from carbon monoxide chambers to injection for the euthanasia of cats and dogs and for meeting the requirements of rules promulgated by the animal sheltering services board regulating the provision of euthanasia services by animal shelters.
EDITORIAL : SUPPORT
Generous appropriation and companion bill to HB265 required for our support of HB265. Support of HB265 will not be removed if HB892 is reduced due to the state’s current fiscal constraints.

HJM 4 WILDLIFE CORRIDOR INFO SHARING : Stewart : NO CHANGE
Senate Calendar
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=JM&legno=%20%20%204&year=09
ACTIONS
Senate Conservation : Passed
Senate Rules : Passed
House : Passed
House Energy & Natural Resources : Passed
Fiscal Impact : None
DESCRIPTION
Joint memorial requesting state agencies, using existing resources, and by September 1, 2009, work together with other agencies, Indian nations, tribes and pueblos and private groups, in a workshop led by the energy, minerals and natural resources department, to share the information gathered by the western wildlife habitat council of the western governors’ association to identify and map wildlife corridors and crucial habitats and to identify funding needs and future data and mapping needs. It is also requested that state agencies consider existing and future data about wildlife corridors in their planning decisions.
EDITORIAL : SUPPORT
Good conservation measure.

HJM 15 TIERRA AMARILLA LAND GRANT LAND USE RIGHTS : Rodella : NO CHANGE
Senate Conservation
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=JM&legno=%20%2015&year=09
ACTIONS
Senate Rules : Passed
House : Passed
House Consumer & Public Affairs : Passed
Fiscal Impact : None
DESCRIPTION
Joint memorial requesting the state game commission find a way to grant traditional use rights to the heirs of the Tierra Amarilla land grant-merced for lands controlled by the commission that are located within the historic boundaries of the Tierra Amarilla land grant-merced.
EDITORIAL : SUPPORT
This measure relates to one of many long standing contentious land grant issues associated with the Treaty of Guadalupe Hidalgo (1848). If passed, input to state game commission will be important when they address this issue, particularly regarding precedent established due to other contentious land grant issues associated with the treaty. Implementation must also comply with requirements for $11.5 million in annual federal grants received by the state for the Edward Sargent Wildlife Management Area, Rio Chama Wildlife Management Area and the Humphries Wildlife Management Area.

HJM 56 FFA & 4-H DAY : Hall : NO CHANGE
Resolution Passed Both Houses. No Further Action.
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=JM&legno=%20%2056&year=09
ACTIONS
Senate : Passed
House : Passed
Fiscal Impact : No Report Needed
DESCRIPTION
Resolution declaring February 19, 2009 as “FFA and 4-H Day” at the legislature. SJM 43 is a companion bill.
EDITORIAL : SUPPORT
Worthwhile effort to support youth agriculture education.

HJR 19 EXTEND DOWNS OF ALBUQUERQUE LEASE : Park : NO CHANGE
Senate Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=JR&legno=%20%2019&year=09
ACTIONS
House : Passed
House Judiciary : Passed
House Voters & Elections : Passed
Fiscal Impact : $332,000 revenue in FY2010 and $2,000,000 revenue in FY2011
DESCRIPTION
Authorizes extension of the Downs of Albuquerque lease at the state fairgrounds to January 11, 2011 with an option to extend the lease to January 11, 2012.
EDITORIAL : SUPPORT
This measure is needed due to a delay in relocation of operations to Moriarty.

HM 49 SPAY DAY ESPANOLA : Lujan : NO CHANGE
Passed House. No Further Action.
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=M&legno=%20%2049&year=09
ACTIONS
House : Passed
Fiscal Impact : No Report Needed
DESCRIPTION
Resolution declaring February 24, 2009 as Spay Day Espanola in the House in recognition of Spay Day USA on the same date and Espanola Valley Humane Society and Saving Animals New Mexico offering free spaying and neutering for the pit bulls of Espanola and Rio Arriba county.
EDITORIAL : CONDITIONAL SUPPORT
Conditional Support is based on the fact that Spay Day USA is good in that it raises the importance of sterilizing pets. However, as an HSUS event it continues to propagate the myth that there is a pet overpopulation problem instead of addressing the real problem of high quality education programs and shelter management.

SB 127 CUSTODY & CARE OF MISTREATED ANIMALS : Wirth : UPDATE
House Calendar
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20127&year=09
ACTIONS
House Judiciary : Passed with amendments
Senate : Passed
Senate Judiciary : Passed committee substitute
Senate Conservation : Passed
Fiscal Impact : $100 recurring for incidental administrative expenses
DESCRIPTION
Allows a livestock board agent, 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 to petition the court to request security be posted for seized animals. Security required is to be based on owner ability to pay. Security is to be refunded upon acquittal. Expended security is not refunded, whether or not a conviction is obtained. It allows seized livestock to be sold except for poultry associated with cockfighting. It provides administrative clarification to existing law.
EDITORIAL : SUPPORT
Current legislation provides for restitution for seized animals upon conviction for animal cruelty (Statutory Chapter 30-18-1.3). Opposition is based on punitive sections C, D, E and F related to posting security and all references to those sections which are the primary basis for this bill. The argument associated with the indemnity and it’s need to prosecute animal cruelty cases is that animal control is inhibited from pursuing prosecution due to budget constraints related to animal control funding. Government has funding constraints in the prosecution of many cases. That is one of the reasons for plea bargains and choices Attorneys General and District Attorneys regularly have to make regarding prosecution due to funding constraints. An individual’s rights should not be compromised because they are in a “special” class. A charge for animal control’s overhead is not reasonable until a conviction is obtained. The basis for that position is a fourth amendment issue (seizures) and an eighth amendment issue (excessive fines). An average owner’s expenses are generally much lower than that of animal control and welfare organizations and they certainly shouldn’t bear the burden of those costs or exposure to loss of their animals if ultimately acquitted or charges are dropped. The legislature should be focusing more attention on encouraging animal cruelty prevention efforts and compassion, education and assistance to animal owners as alternatives. Punitive actions should be a last resort.

SB 185 PET LICENSE PLATE FEES TO ANIMAL CARE FUND : Garcia M J : UPDATE
House Transportation and Public Works
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20185&year=09
ACTIONS
Senate : Passed
Senate Finance : Withdrawn from committee or daily calendar for subsequent action
Senate Corporations & Transportation : Passed with amendments.
Fiscal Impact : No net impact
DESCRIPTION
Amends current law to direct $25 collected for each pet care special registration plate (“Don’t Litter, Spay/Neuter”) to the animal care and facility fund instead of the motor vehicle suspense fund for distribution in accordance with Section 66-6-23 NMSA 1978. The Animal Sheltering Services Board distributes monies in that fund. A Senate Corporations & Transportation Committee amendment directs the funds to be disbursed “so that spay and neuter programs in a county receive money attributable to the number of those special registration plates issued in that county” as originally intended.
EDITORIAL : SUPPORT (See below)
The original intent for this license plate is to fund county spay/neuter programs in proportion to monies received for the plates. As interests of animal owners are inadequately represented on the ASSB, conditional support is based on specific direction of monies to only be used for unbiased sterilization education and reduced cost voluntary sterilization programs. A change to the license plate logo of “Remember, Spay/Neuter”, “Be Responsible, Spay/Neuter” or “Spay/Neuter Your Pets” is recommended to send a more positive message.

SB 282 : NMSU SUSTAINABLE AGRICULTURE PROGRAM : Beffort : NO CHANGE
Senate Finance
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20282&year=09
ACTIONS
Senate Education Committee : Passed
Fiscal Impact : $100,000 recurring
DESCRIPTION
Appropriates $100,000 from the general fund to New Mexico State University to provide teaching, research and extension services in a sustainable agriculture program by the for students and small scale farmers and ranchers. HB 133 is a companion bill.
EDITORIAL : SUPPORT
Appropriate measure to support small farms & ranches. Based on available information, the NMSU Small Farm Institute appears to be “nonpartisan.”

SB 313 CRUELTY TO ANIMALS INCLUDES ABANDONMENT : Eichenberg : NO CHANGE
House Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20313&year=09
ACTIONS
Senate : Passed
Senate Judiciary : Passed
Senate Conservation : Passed with amendments
Fiscal Impact : Indeterminate recurring due to changes in judiciary case load
DESCRIPTION
Amends current law as follows:
Changes to cruelty to animals are capitalized: KNOWINGLY abandoning or failing to provide necessary sustenance to an animal THAT IS under that person’s custody or control. Also adds to extreme cruelty: starving or dehydrating an animal to a point that imperils the animal’s life.
EDITORIAL : OPPOSE
This bill will likely die in favor of HB159. This is similar to HB82, but ambiguities in wording make HB82 a better alternative.

SB 351 NMSU AGRICULTURAL EDUCATION EVENT ATTENDANCE : Campos : NO CHANGE
Senate Finance
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20351&year=09
ACTIONS
Senate Conservation : Passed
Fiscal Impact : $150,000 recurring
DESCRIPTION
$150,000 appropriation to New Mexico State University for expenditure in fiscal year 2010 to pay for student travel expenses to national and regional agricultural secondary education events.
EDITORIAL : SUPPORT
This pays travel expenses for 200 high school FFA students to compete in national FFA competitions

SB 358 ESPANOLA ANIMAL SHELTER SERVICES : Martinez : NO CHANGE
Senate Finance
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20358&year=09
ACTIONS
Fiscal Impact : Pending
DESCRIPTION
$48,000 appropriation to fund animal shelter services, including a spay/neuter program, an animal transfer program and operational expenses for Espanola. HB302 is a companion bill.
EDITORIAL : OPPOSE
Senator Martinez is to be commended for attention to local issues. However, state funds should be consolidated for use in a statewide low cost voluntary sterilization program. Local governments should have the option of continuing their program and/or supplementing the state program to get additional service.

SB 391 LANDOWNER TAKINGS OF CERTAIN ANIMALS : Sanchez : UPDATE
House Intro
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20391&year=09
ACTIONS
Senate : Passed
Senate Judiciary : Passed committee substitute
Senate Public Affairs : Passed with amendments
Fiscal Impact : None
DESCRIPTION
Rewrite of existing law, Section 17-2-7.2. The changes include but are not limited to: Allows landowners, lessees and their employees and agents to only take or kill a predator (bears, cougars and bobcats only) that presents an immediate threat to human life, livestock or family pets. The department of game and fish will provide assistance to a landowner, lessee or their employee who requests assistance in remedying or preventing reasonably anticipated damage to property or physical harm to humans, livestock or family pets caused by a predator or covered species (elk, deer, antelope, cranes and geese). Indemnity for property damage and provisions for forage leases (ongoing payments for crop damage), is generally limited to funding available in the big game depredation damage fund. However, the department of game and fish can request a grant from the state Board of Finance for additional funding to pay any outstanding claims.
EDITORIAL : CONDITIONAL SUPPORT
While it appears that the only animals that could be taken or killed in the event of immediate threat to humans, livestock and pets are bears, cougars or bobcats (defined as predators). That is not the case as the animal cruelty law, Section 30-18-1, would continue to allow the taking or killing of any animal to “protect a person or animal from death or injury due to an attack by another animal.” However, there is no provision for the taking and killing of animals that are not predators or covered species that pose an immediate threat to property when that property is not livestock or pets. In addition, there is no provision to allow a property owner to resolve a threat to human life or damage to property, including crops, after giving the Department of Fish and Game a reasonable period to resolve the threat. The ongoing adequacy of funding for damages that may occur, even after allowing for the possibility of a Board of Finance grant, is not guaranteed and funding for damages is limited to predators and covered species. To maintain consistency with Section 30-18-1, the bill should be amended to allow that any animal can be killed or taken in the event of immediate threat to humans and animals. And, payment for property damages should be extended to all game species (i.e., not be limited to that caused by predators and covered species) and that all damage claims be guaranteed by the Board of Finance. It is our understanding that Senate floor amendments were introduced that eliminate most concerns about this bill. Our position regarding this bill is unchanged until those amendments can be reviewed as they are not available on the state legislative website.

SB 471 CREATE NM RODEO COUNCIL : Munoz : NO CHANGE
Senate Rules
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20471&year=09
ACTIONS
Fiscal Impact : “Minor” for council travel expenses
DESCRIPTION
Establish a council to advise the economic development department, the governor and the legislature regarding rodeo, equestrian and livestock education, events, facilities and citizen participation in rodeo, equestrian and livestock activities and to establish policy regarding economic development related to rodeo, equestrian and livestock activities and operations, including the expenditure of money appropriated by the legislature for the purposes of this section.
EDITORIAL : SUPPORT
Council members are to have experience in rodeo, equestrian or livestock activities, as a contestant or business owner.

SB 492 SEIZURE & BRAND INSPECTION OF LIVESTOCK : Asbill : UPDATE
House Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20492&year=09
ACTIONS
House Agriculture : Passed
Senate : Passed
Senate Judiciary : Passed
Senate Conservation : Passed
Fiscal Impact : None
DESCRIPTION
Amends existing law to prohibit the issuance of a New Mexico Livestock Board brand inspection certificate to move federally seized livestock without consent from the owner of that livestock. The law would not apply if the owner is unknown, or if the federal government has properly obtained approval for the seizure from an appropriate court and has presented that approval to the livestock inspector. The law would not apply to feral or wild free roaming horses or burros. The law would also not apply when conditions of a federal permit, allotment or lease is in dispute.
EDITORIAL : SUPPORT
The bill clarifies and codifies the parameters within which the NM Livestock Board is authorized to issue a brand certificate in the case of federally seized animals.

SB 504 FERAL HOG CONTROL : Griego : NO CHANGE
House Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20504&year=09
ACTIONS
Senate : Passed
Senate Judiciary : Passed
Senate Conservation : Passed
Fiscal Impact : None
DESCRIPTION
No person shall import into the state, transport within the state, hold for breeding or sell a live feral hog or operate a commercial feral hog hunting enterprise. HB594 is a companion bill.
EDITORIAL : SUPPORT
In New Mexico, feral hogs are a non game (destructive/invasive) species and a license is not required to hunt feral hogs if you are a state resident. All that is needed is landowner permission. The purpose of this bill is to discourage their proliferation and “ensure the public health, safety and welfare and to prevent the introduction or spread of disease to New Mexico’s livestock and wildlife.”

SB 553 COUNTY CATTLE GUARDS NEAR SCHOOL BUS ROUTES : Ulibarri : UPDATE
House Calendar
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20553&year=09
ACTIONS
House Education : Passed
Senate : Passed
Senate Corporations & Transportation : Passed
Senate Conservation : Passed
Fiscal Impact : Indeterminate (positive to counties)
DESCRIPTION
Limits county authority to constructing cattle guards where privately owned fences intersect school bus routes on county roads when consent is obtained from each owner of real property upon which the cattle guards are to be constructed. Construction is done with county funds.
EDITORIAL : SUPPORT (changed from oppose based on fiscal impact report)
Current law requires counties to construct such cattle guards on ANY road in a county with county funds that may not be reimbursed by other jurisdictions (state/federal).

SB 562 JUNIOR RODEO FINALS IN NEW MEXICO : Munoz : NO CHANGE
Senate Finance
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20562&year=09
ACTIONS
Senate Corporations & Transportation : Passed
Fiscal Impact : Pending
DESCRIPTION
$2 million appropriation spread over 2010 to 2020 to encourage that the national junior and high school rodeo finals be held in New Mexico every year pursuant to a process in which the rodeo events are rotated to communities in New Mexico that have the appropriate facilities to host the events.
EDITORIAL : SUPPORT
More details are needed from the fiscal impact report. However, it is assumed this refers to the National High School Rodeo Association finals. The National High School Finals Rodeo (NHSFR) is held annually in July with more than 1,500 contestants from each state/province competing for national titles, awards, and scholarships. The NHSFR is the “World’s Largest Rodeo” and currently rotates every two years from chosen sites. The most recent sites have been Gillette, WY, Springfield, IL and Farmington. The junior high division rodeo Wrangler Junior High Finals Rodeo (WJHFR) was held in Gallup in 2008. This subsidy would be more than offset by benefits to local communities and the state.

SB 669 DISABLED VETERAN GAME & FISH BENEFITS : Rodriguez : NO CHANGE
Senate Finance
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20669&year=09
ACTIONS
Senate Conservation : Passed
Fiscal Impact : $2.8 million recurring reduction in revenue for the Department of Game and Fish
DESCRIPTION
Removes “one hundred percent” before the word “disabled” regarding the granting of no fee general hunting and fishing licenses and class A trout stamps to disabled veterans.
EDITORIAL : CONDITIONAL SUPPORT (changed from support based on fiscal impact report)
Due to the significant reduction in the Department of Game and Fish revenues, this needs to be supplemented with an amendment for additional funding from the General Fund.

SJM 42 DAY OF THE ROADRUNNER : Sapien : NO CHANGE
Senate Table
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=JM&legno=%20%2042&year=09
ACTIONS
Fiscal Impact : Pending
DESCRIPTION
Resolution declaring March 16, 2009 as “Day of the Roadrunner” at the legislature.
EDITORIAL : SUPPORT
Appropriate recognition for the 60th anniversary of the Roadrunner as a venerable state icon.

SJM 43 FFA & 4-H DAY : Griego : NO CHANGE
HJM 56 Passed Both Houses. No Further Action Expected
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=JM&legno=%20%2043&year=09
ACTIONS
House : Passed
Senate : Passed
Fiscal Impact : No report

DESCRIPTION
Resolution declaring February 19, 2009 as “FFA and 4-H Day” at the legislature. HJM 56 is a companion bill.
EDITORIAL : SUPPORT
Worthwhile effort to support youth agriculture education.

SJM 49 VALLES CALDERA MANAGEMENT HEARINGS : Eichenberg : NO CHANGE
Senate Rules
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=JM&legno=%20%2049&year=09
ACTIONS
Fiscal Impact : None
DESCRIPTION
Urges the US Congress to hold hearings to establish a new management system for the Valles Caldera National Preserve, in which the US Forest Service, the National Park Service or the US Fish and Wildlife Service provide management to improve responsible public access, hunting, fishing and outdoor recreational opportunities and place the Valles Caldera National Preserve on firm financial footing.
EDITORIAL : SUPPORT
Worthwhile nonbinding effort so present and future generations can enjoy and experience this spectacular place and benefits to the economy can be fully realized.

SM 32 VALLES CALDERA MANAGEMENT HEARINGS : Eichenberg : NO CHANGE
Passed Senate. No Further Action.
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=M&legno=%20%2032&year=09
ACTIONS
Senate : Passed
Senate Rules : Passed
Fiscal Impact : None
DESCRIPTION
Urges the US Congress to hold hearings to establish a new management system for the Valles Caldera National Preserve, in which the US Forest Service, the National Park Service or the US Fish and Wildlife Service provide management to improve responsible public access, hunting, fishing and outdoor recreational opportunities and place the Valles Caldera National Preserve on firm financial footing.
EDITORIAL : SUPPORT
Worthwhile nonbinding effort so present and future generations can enjoy and experience this spectacular place and benefits to the economy can be fully realized. This is different than SJM49 as it is a Senate only measure.

SM 68 ESPANOLA PIT FIX MONTH : Martinez : NO CHANGE
Passed Senate. No Further Action.
http://www.nmlegis.gov/lcs/_session.aspx?Chamber=S&LegType=M&LegNo=68&year=09
ACTIONS
Senate : Passed
Fiscal Impact : No Report
DESCRIPTION
Resolution declaring March be proclaimed “Espanola Pit Fix Month” at the senate in support of free spaying and neutering for the pit bulls of Espanola and Rio Arriba county.
EDITORIAL : CONDITIONAL SUPPORT
Conditional support is based on the fact that this resolution supports sterilization as a more effective means of reducing the number of homeless animals than euthanasia. However, it doesn’t avoid propagating the myth that there is a pet overpopulation problem instead of addressing the real problem of high quality education programs and shelter management.

Torrance County Ordinance Hearing-3/19/2009

Courtesy of East Mountain Animal Interest Alliance (EMAIA)…

The Torrance County Animal Control Ordinance has not passed! “We the people” can still make a difference! Stay involved!

The Commission meeting we have all been waiting for has been scheduled for Thursday, March 19, 2009 at 6:00 PM in the Commission room in Estancia.