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HOUSE BILL HB0113
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Tara L. Lujan
AN ACT
RELATING TO ANIMALS; CREATING THE ANIMAL WELFARE PROGRAM TO
PROVIDE FUNDING FOR PROJECTS THAT SUPPORT THE WELFARE OF
DOMESTIC CATS AND DOGS; CREATING THE ANIMAL WELFARE TRUST FUND
AND ANIMAL WELFARE PROGRAM FUND; MAKING AN APPROPRIATION;
PROVIDING FOR A TRANSFER FROM THE GENERAL FUND TO THE ANIMAL
WELFARE TRUST FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] ANIMAL WELFARE PROGRAM.--
A. The "animal welfare program" is created to
provide funding for projects that support the welfare of
domestic cats and dogs as provided in this section. Beginning
July 1, 2028, the department may award a grant to a
municipality or county, or contract for services with an
eligible entity, for a project to repair, renovate or operate
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an animal shelter, purchase equipment and supplies or provide
services for:
(1) controlling loose or stray cats and dogs
to mitigate threats to public safety, livestock or other
domestic animals;
(2) improving the enforcement of animal
cruelty laws, including investigation and response to reports
of animal cruelty;
(3) reducing animal shelter intake and
euthanasia rates or expanding animal shelter building facility
capacity;
(4) providing spay and neuter services;
(5) providing shelter and care for cats and
dogs seized by law enforcement that are suspected of being
cruelly treated in violation of local, state or federal laws;
(6) developing, publishing or distributing
animal welfare education and outreach materials to the public;
or
(7) providing persons with essential resources
necessary to care for animals in a person's custody, including
animal feed, adequate shelter, fencing and kennels and basic or
emergency veterinary care, including spay and neuter services;
provided that the household income of the person shall not
exceed two hundred percent of the federal poverty level.
B. To receive a grant or contract for services, an
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applicant shall apply to the department on forms and in a
manner prescribed by the department. An application shall
include:
(1) a description of the proposed project;
(2) a demonstration that the proposed 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 completion date of the proposed project.
C. The department shall determine, through a
competitive review process pursuant to rules promulgated by the
department, which proposed projects are approved to receive a
grant or contract for services. The department may adjust the
amount of money requested for a proposed project based on its
determination of the reasonable costs of the proposal or on the
availability of funds available for the fiscal year for the
animal welfare program. Once the projects are approved, the
department shall promptly offer each applicant a grant or
contract for services, as appropriate. If a grantee or
contractor accepts an offer, the project may commence and the
grantee or contractor shall report to the department on the
progress of the project on a periodic basis, as determined by
the department, including an accounting of expenditures made
for the project. Funds allocated to an approved project shall
be spent within two years of receiving a grant or contract for
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services, and if any unexpended or unencumbered balance remains
at the end of the project period, the applicant shall
immediately return that balance to the department. The
department shall deposit returned amounts in the animal welfare
program fund.
D. The department shall promulgate rules to
administer the animal welfare program. The rules shall include
provisions to:
(1) establish procedures for review,
evaluation and approval of proposed project applications;
(2) accord priority attention to areas with
the greatest need for animal welfare projects; and
(3) evaluate the ability and competence of an
applicant to provide efficiently and adequately for the
completion of a proposed project.
E. Beginning October 1, 2028 and each October 1
thereafter, the department shall submit a report to the
legislative finance committee on the animal welfare program
that shall include:
(1) for each funded project:
(a) a description of the project;
(b) the name of the grantee or
contractor;
(c) how much funding the project
received;
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(d) the progress or completion of the
project; and
(e) how the project supports animal
welfare;
(2) the number and proposed costs of proposed
projects that were approved for but did not receive funding due
to the insufficiency of available funds for the animal welfare
program; and
(3) the total amount of administrative costs
incurred by the department to administer the program.
F. As used in this section:
(1) "department" means the department of
finance and administration;
(2) "eligible entity" means a nonprofit
organization whose primary purpose is to provide services that
support the welfare of domestic cats and dogs; and
(3) "equipment and supplies" means vehicles,
equipment and tools, computer hardware and software, training
materials and supplies that are necessary and directly related
to providing support for animal welfare.
SECTION 2. [NEW MATERIAL] ANIMAL WELFARE TRUST FUND.--
A. The "animal welfare trust fund" is created as a
nonreverting fund in the state treasury. The fund consists of
distributions, appropriations, gifts, grants and donations.
Income from investment of the fund shall be credited to the
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fund. Money in the fund shall be expended only as provided in
this section.
B. The state investment officer, subject to the
approval of the state investment council, shall invest money in
the animal welfare trust fund:
(1) in accordance with the prudent investor
rule set forth in the Uniform Prudent Investor Act; and
(2) in consultation with the department of
finance and administration.
C. The state investment officer shall report
quarterly to the legislative finance committee and the state
investment council on the investments made pursuant to this
section. Annually, a report shall be submitted no later than
October 1 to the legislative finance committee.
D. On July 1, 2028 and each July 1 thereafter, a
distribution shall be made from the animal welfare trust fund
to the animal welfare program fund in an amount equal to five
percent of the average of the year-end market values of the
trust fund for the immediately preceding three calendar years.
SECTION 3. [NEW MATERIAL] ANIMAL WELFARE PROGRAM FUND.--
The "animal welfare program fund" is created in the state
treasury. The fund consists of appropriations, gifts, grants,
donations and income from investment of the fund. The
department of finance and administration shall administer the
fund, and money in the fund is appropriated to the department
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to administer the animal welfare program. Expenditures from
the fund shall be by warrant of the secretary of finance and
administration pursuant to vouchers signed by the secretary of
finance and administration or the secretary's authorized
representative. Any unexpended or unencumbered balance
remaining at the end of a fiscal year shall revert to the
animal welfare trust fund.
SECTION 4. TRANSFER.--Ten million dollars ($10,000,000)
is transferred from the general fund to the animal welfare
trust fund.
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