Senate Bill 358

SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 358

57th legislature - STATE OF NEW MEXICO - first session, 2025

 

 

 

 

 

 

 

AN ACT

RELATING TO EQUINES; AMENDING PROVISIONS RELATING TO THE EQUINE SHELTER RESCUE FUND; ESTABLISHING THE EQUINE WELFARE TRUST FUND.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 77-2-32 NMSA 1978 (being Laws 2013, Chapter 49, Section 1, as amended) is amended to read:

     "77-2-32. EQUINE SHELTER RESCUE FUND--CREATED.--

          A. The "equine shelter rescue fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and amounts designated pursuant to Section 7-2-30.7 NMSA 1978. [The board shall administer the fund, and] Money in the fund is appropriated to the board of regents of New Mexico state university for expenditure by the New Mexico department of agriculture to carry out the intent of aiding equine [rescues] rescue or retirement facilities and [homeless] equines that are surrendered, transferred by the board or law enforcement or otherwise acquired for purposes of rescue or sanctuary in the state, including:

                (1) providing shelter or placement based on capacity;

                (2) contracting with or employing equine trainers;

                (3) providing feed and pasture to maintain equines;

                (4) providing for basic and emergency veterinary care or husbandry, including sterilization, fertility control or hoof care;

                (5) administering adoption programs and services; and

                (6) paying the costs of administering the equine shelter rescue fund in an amount not to exceed five percent of the annual distribution from the fund.

          [B. The board shall establish by rule the distribution of funds from the equine shelter rescue fund to equine rescue and retirement facilities registered by the board pursuant to Section 77-2-30 NMSA 1978, taking into consideration the number of equines being cared for in each facility and the need of each facility.]

          B. The New Mexico department of agriculture shall administer the fund, solicit applications for contracts from eligible applicants for disbursements and make disbursements of the available funds to eligible applicants that meet funding criteria on an annual basis.

          C. To receive a contract for services, an applicant shall apply to the New Mexico department of agriculture on forms and in a manner prescribed by the department. An application shall include:

                (1) a description of the proposed services or project for which the applicant is seeking funds via a contract agreement;

                (2) a demonstration that the proposed services or project will meet one or more of the purposes provided in Subsection A of this section; and

                (3) details and specifics as to the reasonable

expected costs and the time frame of the proposed project or services.

          D. To be eligible to receive funds from the equine shelter rescue fund, an applicant shall:

                (1) be a registered equine rescue or retirement facility in accordance with Section 77-2-30 NMSA 1978;

                (2) be in good standing with the board and in compliance with Section 77-2-31 NMSA 1978;

                (3) if the applicant is a private organization, be a tax-exempt organization pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986 compliant with the state department of justice;

                (4) adhere to American association of equine practitioners guidelines pursuant to rules promulgated by the board; and

                (5) not be intentionally breeding equines.

          E. Beginning October 1, 2028 and each October 1 thereafter, the New Mexico department of agriculture shall submit a report to the legislative finance committee that shall include the following:

                (1) the amount of each funded contract;

                (2) a description of each contract;

                (3) the name of each funded contractor;

                (4) how much funding the contracting entity has expended;

                (5) the progress or completion of the contract;

                (6) how the contract supports equine welfare;

                (7) an explanation for why any funds remaining in the equine shelter rescue fund were not distributed to eligible entities;

                (8) the number of proposed contracts, and their costs, that were approved for but did not receive funding due to the insufficiency of available funds in the equine shelter rescue fund; and

                (9) the total amount of administrative costs incurred by the New Mexico department of agriculture to administer the equine shelter rescue fund."