Legislative Update – February 15, 2009 – 40 Bills LONG!

OK TO CROSSPOST JUDICIOUSLY! Don’t assume everyone will want to know about the 40 NM animal interest bills.

The next full update will be on Sunday, February 22.

Task Force of Concerned New Mexico Animal Owners
New Mexico 49th Legislature, First Session, 2009
Animal Related Legislation Summary, 40 Bills as of February 15, 2009
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) and summaries for each bill.

NOTICES
Based on input received from animal owners, attorneys, lobbyists and veterinarians, the position for HB159, HB265 and SB127 is changed to SUPPORT CONDITIONALLY. Refer to the comments in the RECOMMEND SUPPORT CONDITIONALLY section and the analysis of each bill. Regarding HB159 and SB127, changes to the bills make it difficult to continue complete opposition without appearing unreasonably rigid. HB265 conditional support is based on providing one year of financial assistance to affected communities. Please contact me PRIVATELY if you have concerns related to the position for any bill.

We continue to OPPOSE HB667 because new wording has not been released.

New bills: HB696, HB772, HB781, HJM56, HJR19, SB553, SB562, SJM42, SJM43
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, HB204, HB456, HB467, HB567, HB593, HB594, HB645, HB696, HB772, HJM4, HJM15, HJM56, HJR19, SB282, SB351, SB471, SB492, SB504, SB562, SJM42, SJM43

RECOMMEND SUPPORT CONDITIONALLY
HB82 Intentionally Starving Animals to Death, conditional support is based on a change to section H.(7) to read “The provisions of this section do not apply to other commonly accepted activities not otherwise prohibited by law including, but not limited to, husbandry, training and competition associated with use of animals as pets, in performance and working events or in activities including, but not limited to, hunting, working, herding guardianship, predator control and vermin control.”

HB159 Expand Cruelty to Animals, conditional support is based on a change to section H.(7) to read “The provisions of this section do not apply to other commonly accepted activities not otherwise prohibited by law including, but not limited to, husbandry, training and competition associated with use of animals as pets, in performance and working events or in activities including, but not limited to, hunting, working, herding guardianship, predator control and vermin control.” Conditional support is also provided based on directing the Animal Sheltering Services Board to enact rule-making that assists in destigmatizing voluntary relinquishment and encourages assistance and education to prevent abandonment.

HB265 No Gas Chamber For Animal Euthanasia, conditional support is based on providing one year of funding (state appropriation or private donations) to assist communities using carbon monoxide chambers with their transition to lethal injection.

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.

SB127 Custody & Care of Mistreated Animals, conditional support is based on removal of sections C, D, E and F related to posting security. 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 animal control costs if ultimately acquitted or charges are dropped. Also, if someone is acquitted or charges are dropped after animals are relinquished, they should be compensated since that’s a fifth amendment issue (compensation for takings). The legislature should be focusing more of its time on compassion, education and assistance as alternatives and punitive actions should be a last resort.

SB 185 Pet License Plate Fees to Animal Care Fund, conditional support is based on specific direction of monies to only be used for sterilization education and reduced cost sterilization programs and a license plate change to “Be Responsible, Spay/Neuter” or “Spay/Neuter Your Pets” to send a more positive message.

RECOMMEND OPPOSE
HB 125 Socorro Spay & Neuter Program (local earmark)
HB 302 Espanola Animal Shelter (local earmark)
HB 604 State Game Commission Member Elections (appointments are recommended for this commission)
HB 667 Dangerous Dog Definitions & Prosecution (as currently written it classifies all Pit Bulls and Rottweilers as dangerous, subjects property to search without a warrant, imposes excessive mandatory insurance requirements)
SB 313 Cruelty to Animals Includes Abandonment (unintended consequences)
SB 358 Espanola Animal Shelter Services (local earmark)
SB 391 Landowner Takings of Certain Animals (too limiting, unfunded mandate, existing law is adequate)
SB553 County Cattle Guards Near School Bus Routes (a county should have the discretion to use it funds on any road in the county to address this safety issue, not just county roads)

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

HB 11 VALLES CALDERA ELK LICENSES : Wallace : UPDATE
Senate Conservation
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20%2011&year=09
ACTIONS
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 : UPDATE
Senate Conservation
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20%2068&year=09
ACTIONS
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 : UPDATE
House Judiciary
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 : SUPPORT CONDITIONALLY
This bill will likely die due to 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 section H.(7) to read “The provisions of this section do not apply to other commonly accepted activities not otherwise prohibited by law including, but not limited to, husbandry, training and competition associated with use of animals as pets, 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 : UPDATE
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 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 : UPDATE
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 : UPDATE
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.
EDITORIAL : SUPPORT
Appropriate measure to support small farms & ranches. SB 282 appears to be the companion bill in the Senate. Based on available information, the NMSU Small Farm Institute appears to be “nonpartisan.”

HB 143 GAME & FISH PENALTY ASSESSMENT PAYMENTS : Barela : UPDATE
Senate Conservation Committee
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20143&year=09
ACTIONS
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
House : Passed
House Judiciary : Passed with Committee Substitute Bill
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 : SUPPORT CONDITIONALLY
The committee substitute bill addresses most previous concerns. Some provision of the bill are unnecessary because they are addressed in existing law (e.g., clarification of the exception for veterinarians). However, the existing law and committee substitute do not adequately protect commonly accepted activities. Conditional support is based on a change to section H.(7) to read “The provisions of this section do not apply to other commonly accepted activities not otherwise prohibited by law including, but not limited to, husbandry, training and competition associated with use of animals as pets, in performance and working events or in activities including, but not limited to, hunting, working, herding guardianship, predator control and vermin control.” Conditional support is also provided based on directing the Animal Sheltering Services Board to enact rule-making that assists in destigmatizing voluntary relinquishment and encourages assistance and education to prevent abandonment.

HB 204 EXTEND HORSE RACING ACT TO 2015 : Sandoval : NO CHANGE
House Taxation & Revenue Committee
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20204&year=09
ACTIONS
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 : UPDATE
Senate Conservation
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20265&year=09
ACTIONS
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 : CONDITIONALLY SUPPORT
This is an unnecessary mandate because the Animal Sheltering Services Board (ASSB) has authority to regulate this issue. Conditional support is based on providing one year of funding (state appropriation or private donations) to assist communities using carbon monoxide chambers with their transition to lethal injection.

HB 302 ESPANOLA ANIMAL SHELTER : Rodella : UPDATE
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.
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 sterilization program. Local governments should have the option of continuing their program and/or supplementing the state program to get additional service. SB358 is a companion bill in the Senate.

HB 456 PURCHASE POLICE DOG PROTECTIVE VESTS : Tripp : UPDATE
House Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20456&year=09
ACTIONS
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
Attaboy to Representative Tripp for supporting these noble working animals with additional protection.

HB 467 AQUATIC INVASIVE SPECIES CONTROL : Tripp : NO CHANGE
House Energy & Natural Resources
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20467&year=09
ACTIONS
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 : NO CHANGE
House Transportation and Public Works
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20567&year=09
ACTIONS
Fiscal Impact : Pending
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 : UPDATE
House Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20593&year=09
ACTIONS
House Consumer & Public Affairs : Passed
Fiscal Impact : ($50,000) 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
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 : UPDATE
House Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20594&year=09
ACTIONS
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.
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 : NO CHANGE
House Energy & Natural Resources
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20604&year=09
ACTIONS
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 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 : NO CHANGE
House Transportation and Public Works
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20645&year=09
ACTIONS
Fiscal Impact : Pending
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 : UPDATE
House Consumer & Public Affairs Committee
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20667&year=09
ACTIONS
Fiscal Impact : Pending
DESCRIPTION
Amends the dangerous dog law to designate Pit Bulls and Rottweilers as dangerous dogs, expands the types of injuries inflicted that are considered serious causing a dog to be designated as dangerous, 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 random warrantless inspections of the dog and enclosures, requires $250,000 of liability insurance.
EDITORIAL : OPPOSE (until pending amendments including removal of breed specific language are introduced)
The current dangerous dog law is well written and provides adequate protections. Automatically designating Pit Bulls and Rottweilers as dangerous dogs, unfairly targets specific breeds or dogs with “characteristics” of Pit Bulls. No one breed is generally more likely to be dangerous than another breed. In fact, some studies indicate smaller dogs are more likely to attack than larger dogs, but they generally inflict less injury. The cause and blame for a dangerous dog ultimately lies with an owner. Random warrantless inspections raise issues regarding U.S. Constitution Amendment 4 (search and seizure) when a “drive-by” inspection will generally verify a dangerous dog is properly secured. The requirement for $250,000 of liability insurance should be unnecessary if a dangerous dog is properly secured. Expansion of the types of injuries that may cause a dog to be classified as dangerous may result in unintended consequences (e.g., a happy, excited dog jumps up on a person, accidentally knocks them down and injures them and gets classified as dangerous when what is really needed is additional training).

HB 696 NMSU VERTEBRATE WILDLIFE MUSEUM SUPPORT : Gutierrez : NEW
House Education
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20696&year=09
ACTIONS
Fiscal Impact : Pending
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 : NEW
House Transportation and Public Works
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20772&year=09
ACTIONS
Fiscal Impact : Pending
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 : NEW
House Agriculture
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20781&year=09
ACTIONS
Fiscal Impact : Pending
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.

HJM 4 WILDLIFE CORRIDOR INFO SHARING : Stewart : NO CHANGE
Senate Rules
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=JM&legno=%20%20%204&year=09
ACTIONS
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 : UPDATE
House
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=JM&legno=%20%2015&year=09
ACTIONS
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 : NEW
House
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=JM&legno=%20%2056&year=09
ACTIONS
Fiscal Impact : Pending
DESCRIPTION
Resolution declaring February 19, 2009 as “FFA and 4-H Day” at the legislature. SJM 43 is the companion bill in the Senate
EDITORIAL : SUPPORT
Worthwhile effort to support youth agriculture education.

HJR 19 EXTEND DOWNS OF ALBUQUERQUE LEASE : Hall : NEW
House Voters & Elections
http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=JR&legno=%20%2019&year=09
ACTIONS
Fiscal Impact : Pending
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.

SB 127 CUSTODY & CARE OF MISTREATED ANIMALS : Wirth : UPDATE
Senate Judiciary
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20127&year=09
ACTIONS
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. Unexpended security is to be refunded. Expended security is not refunded, whether or not a conviction is obtained. It also allows seized livestock to be sold except for poultry associated with cockfighting. It also provides administrative clarification to existing law.
EDITORIAL : SUPPORT CONDITIONALLY
Current legislation provides for restitution for seized animals upon conviction for animal cruelty (Statutory Chapter 30-18-1.3). Conditional support is based on removal of sections C, D, E and F related to posting security. 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 any number of choices Attorneys General and
District Attorneys regularly have to make regarding prosecution. Arguing that a person’s rights should be compromised because they are in a “special class” cannot be justified. 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 animal control costs if ultimately acquitted or charges are dropped. Also, if someone is acquitted or charges are dropped after animals are relinquished, they should be compensated since that’s a fifth amendment issue (compensation for takings). The legislature should be focusing more of its time on compassion, education and assistance as alternatives and punitive actions should be a last resort.

SB 185 PET LICENSE PLATE FEES TO ANIMAL CARE FUND : Garcia M J : UPDATE
Senate Corporations & Transportation
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20185&year=09
ACTIONS
Fiscal Impact : Pending
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.
EDITORIAL : SUPPORT CONDITIONALLY (See below)
This corrects the original intent for this license plate. 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 sterilization education and reduced cost sterilization programs and a license plate change to “Be Responsible, Spay/Neuter” or “Spay/Neuter Your Pets” 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.
EDITORIAL : SUPPORT
Appropriate measure to support small farms & ranches. HB 133 appears to be the companion bill in the House. Based on available information, the NMSU Small Farm Institute appears to be “nonpartisan.”

SB 313 CRUELTY TO ANIMALS INCLUDES ABANDONMENT : Eichenberg : NO CHANGE
Senate Conservation
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20313&year=09
ACTIONS
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 IN A WAY THAT IS NOT LIFE-THREATENING TO THE ANIMAL.
Adds to extreme cruelty: starving or dehydrating an animal to a point that imperils the animal’s life.
EDITORIAL : OPPOSE
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.
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 sterilization program. Local governments should have the option of continuing their program and/or supplementing the state program to get additional service. HB302 is a companion bill in the House.

SB 391 LANDOWNER TAKINGS OF CERTAIN ANIMALS : Sanchez : NO CHANGE
Senate Public Affairs
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20391&year=09
ACTIONS
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 covered species or predator. Indemnity for property damage and provisions for forage leases (ongoing payments for crop damage), limited to funding available in the big game depredation damage fund.
EDITORIAL : OPPOSE
While it may not be the intent, as written, the only animals that could be killed in the event of immediate threat to humans, livestock or pets are bears, cougars or bobcats. An animal could not be killed due to threats to crops. Uninsured damage caused by animals would be compensated through forage lease payments made by the state and the exposure cannot be determined resulting in the possibility of a mandate that is not fully funded. There is no need to change existing legislation (Statutory Chapter 17-2-7.2).

SB 471 CREATE NM RODEO COUNCIL : Munoz : NO CHANGE
Senate Rules Committee
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20471&year=09
ACTIONS
Fiscal Impact : Pending
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 : NO CHANGE
Senate Conservation
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20492&year=09
ACTIONS
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
Senate Conservation
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20504&year=09
ACTIONS
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 : NEW
Senate Conservation
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20553&year=09
ACTIONS
Fiscal Impact : Pending
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 : OPPOSE
Current law allows counties the discretion to construct such cattle guards on any road in a county when county funds are used. County management should continue to have the discretion to manage this local issue if all funding is provided by the county.

SB 562 JUNIOR RODEO FINALS IN NEW MEXICO : Munoz : NEW
Senate Corporations & Transportation
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20562&year=09
ACTIONS
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.

SJM 42 DAY OF THE ROADRUNNER : Sapien : NEW
Senate
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 : NEW
Senate
http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=JM&legno=%20%2043&year=09
ACTIONS
Fiscal Impact : Pending
DESCRIPTION
Resolution declaring February 19, 2009 as “FFA and 4-H Day” at the legislature. HJM 56 is the companion bill in the Senate.
EDITORIAL : SUPPORT
Worthwhile effort to support youth agriculture education.