New Mexico 2025 Regular Session

New Mexico House Bill HB113 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HAFC/HB 113~~
2		-	~~Page 1~~
	1	+	underscored material = new
	2	+	[bracketed material] = delete
3	3		1
4	4		2
5	5		3
6	6		4
7	7		5
8	8		6
9	9		7
10	10		8
11	11		9
12	12		10
13	13		11
14	14		12
15	15		13
16	16		14
17	17		15
18	18		16
19	19		17
20	20		18
21	21		19
22	22		20
23	23		21
24	24		22
25	25		23
26	26		24
27	27		25
	28	+	HOUSE BILL HB0113
	29	+	57
	30	+	TH LEGISLATURE
	31	+	-
	32	+
	33	+	STATE
	34	+
	35	+	OF
	36	+
	37	+	NEW
	38	+
	39	+	MEXICO
	40	+
	41	+	-
	42	+	FIRST SESSION
	43	+	,
	44	+
	45	+	2025
	46	+	INTRODUCED BY
	47	+	Tara L. Lujan
28	48		AN ACT
29	49		RELATING TO ANIMALS; CREATING THE ANIMAL WELFARE PROGRAM TO
30	50		PROVIDE FUNDING FOR PROJECTS THAT SUPPORT THE WELFARE OF
31		-	DOMESTIC CATS AND DOGS; CREATING THE ANIMAL WELFARE PROGRAM
32		-	FUND.
	51	+	DOMESTIC CATS AND DOGS; CREATING THE ANIMAL WELFARE TRUST FUND
	52	+	AND ANIMAL WELFARE PROGRAM FUND; MAKING AN APPROPRIATION;
	53	+	PROVIDING FOR A TRANSFER FROM THE GENERAL FUND TO THE ANIMAL
	54	+	WELFARE TRUST FUND.
33	55		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
34		-	SECTION 1. ANIMAL WELFARE PROGRAM.--
	56	+	SECTION 1. [NEW MATERIAL] ANIMAL WELFARE PROGRAM.--
35	57		A. The "animal welfare program" is created to
36	58		provide funding for projects that support the welfare of
37		-	domestic cats and dogs as provided in this section.
38		-	Beginning July 1, 2025, the department may award a grant to a
39		-	municipality or county or an Indian nation, tribe or pueblo,
40		-	or contract for services with an eligible entity, for a
41		-	project to repair, renovate or operate an animal shelter,
42		-	provided that a grant to repair or renovate shall only be for
43		-	publicly owned facilities, and to purchase equipment and
44		-	supplies or provide services for:
45		-	(1) controlling loose or stray cats and dogs
46		-	to mitigate threats to public safety, livestock or other
47		-	domestic animals;
48		-	(2) improving the enforcement of animal
49		-	cruelty laws, including investigation and response to reports
50		-	of animal cruelty;
51		-	(3) reducing animal shelter intake and HAFC/HB 113
52		-	Page 2
	59	+	domestic cats and dogs as provided in this section. Beginning
	60	+	July 1, 2028, the department may award a grant to a
	61	+	municipality or county, or contract for services with an
	62	+	eligible entity, for a project to repair, renovate or operate
	63	+	.228806.4 underscored material = new
	64	+	[bracketed material] = delete
53	65		1
54	66		2
55	67		3
56	68		4
57	69		5
58	70		6
59	71		7
60	72		8
61	73		9
62	74		10
63	75		11
64	76		12
65	77		13
66	78		14
67	79		15
68	80		16
69	81		17
70	82		18
71	83		19
72	84		20
73	85		21
74	86		22
75	87		23
76	88		24
77	89		25
78		-	euthanasia rates or expanding animal shelter building
79		-	facility capacity;
	90	+	an animal shelter, purchase equipment and supplies or provide
	91	+	services for:
	92	+	(1) controlling loose or stray cats and dogs
	93	+	to mitigate threats to public safety, livestock or other
	94	+	domestic animals;
	95	+	(2) improving the enforcement of animal
	96	+	cruelty laws, including investigation and response to reports
	97	+	of animal cruelty;
	98	+	(3) reducing animal shelter intake and
	99	+	euthanasia rates or expanding animal shelter building facility
	100	+	capacity;
80	101		(4) providing spay and neuter services;
81	102		(5) providing shelter and care for cats and
82	103		dogs seized by law enforcement that are suspected of being
83	104		cruelly treated in violation of local, state or federal laws;
	105	+	(6) developing, publishing or distributing
	106	+	animal welfare education and outreach materials to the public;
84	107		or
85		-	(6) developing, publishing or distributing
86		-	animal welfare education and outreach materials to the
87		-	public.
	108	+	(7) providing persons with essential resources
	109	+	necessary to care for animals in a person's custody, including
	110	+	animal feed, adequate shelter, fencing and kennels and basic or
	111	+	emergency veterinary care, including spay and neuter services;
	112	+	provided that the household income of the person shall not
	113	+	exceed two hundred percent of the federal poverty level.
88	114		B. To receive a grant or contract for services, an
89		-	applicant shall apply to the department on forms and in a
90		-	manner prescribed by the department. An application shall
91		-	include:
92		-	(1) a description of the proposed project;
93		-	(2) a demonstration that the proposed
94		-	project will meet one or more of the purposes provided in
95		-	Subsection A of this section; and
96		-	(3) details and specifics as to the
97		-	reasonable expected costs and completion date of the proposed
98		-	project.
99		-	C. The department shall determine, through a
100		-	competitive review process pursuant to rules promulgated by
101		-	the department, which proposed projects are approved to
102		-	receive a grant or contract for services. The department may HAFC/HB 113
103		-	Page 3
	115	+	.228806.4
	116	+	- 2 - underscored material = new
	117	+	[bracketed material] = delete
104	118		1
105	119		2
106	120		3
107	121		4
108	122		5
109	123		6
110	124		7
111	125		8
112	126		9
113	127		10
114	128		11
115	129		12
116	130		13
117	131		14
118	132		15
119	133		16
120	134		17
121	135		18
122	136		19
123	137		20
124	138		21
125	139		22
126	140		23
127	141		24
128	142		25
129		-	adjust the amount of money requested for a proposed project
130		-	based on its determination of the reasonable costs of the
131		-	proposal. Once the projects are approved, the department
132		-	shall promptly offer each applicant a grant or contract for
133		-	services, as appropriate. If a grantee or contractor accepts
134		-	an offer, the project may commence and the grantee or
135		-	contractor shall report to the department on the progress of
136		-	the project on a periodic basis, as determined by the
137		-	department, including an accounting of expenditures made for
138		-	the project. Funds allocated to an approved project shall be
139		-	spent within two years of receiving a grant or contract for
140		-	services, and if any unexpended or unencumbered balance
141		-	remains at the end of the project period, the applicant shall
142		-	immediately return that balance to the department. The
143		-	department shall deposit returned amounts in the animal
144		-	welfare program fund.
145		-	D. The department shall promulgate rules to
146		-	administer the animal welfare program. The rules shall
147		-	include provisions to:
148		-	(1) establish procedures for review,
149		-	evaluation and approval of proposed project applications;
150		-	(2) accord priority attention to areas with
151		-	the greatest need for animal welfare projects; and
152		-	(3) evaluate the ability and competence of
153		-	an applicant to provide efficiently and adequately for the HAFC/HB 113
154		-	Page 4
	143	+	applicant shall apply to the department on forms and in a
	144	+	manner prescribed by the department. An application shall
	145	+	include:
	146	+	(1) a description of the proposed project;
	147	+	(2) a demonstration that the proposed project
	148	+	will meet one or more of the purposes provided in Subsection A
	149	+	of this section; and
	150	+	(3) details and specifics as to the reasonable
	151	+	expected costs and completion date of the proposed project.
	152	+	C. The department shall determine, through a
	153	+	competitive review process pursuant to rules promulgated by the
	154	+	department, which proposed projects are approved to receive a
	155	+	grant or contract for services. The department may adjust the
	156	+	amount of money requested for a proposed project based on its
	157	+	determination of the reasonable costs of the proposal or on the
	158	+	availability of funds available for the fiscal year for the
	159	+	animal welfare program. Once the projects are approved, the
	160	+	department shall promptly offer each applicant a grant or
	161	+	contract for services, as appropriate. If a grantee or
	162	+	contractor accepts an offer, the project may commence and the
	163	+	grantee or contractor shall report to the department on the
	164	+	progress of the project on a periodic basis, as determined by
	165	+	the department, including an accounting of expenditures made
	166	+	for the project. Funds allocated to an approved project shall
	167	+	be spent within two years of receiving a grant or contract for
	168	+	.228806.4
	169	+	- 3 - underscored material = new
	170	+	[bracketed material] = delete
155	171		1
156	172		2
157	173		3
158	174		4
159	175		5
160	176		6
161	177		7
162	178		8
163	179		9
164	180		10
165	181		11
166	182		12
167	183		13
168	184		14
169	185		15
170	186		16
171	187		17
172	188		18
173	189		19
174	190		20
175	191		21
176	192		22
177	193		23
178	194		24
179	195		25
	196	+	services, and if any unexpended or unencumbered balance remains
	197	+	at the end of the project period, the applicant shall
	198	+	immediately return that balance to the department. The
	199	+	department shall deposit returned amounts in the animal welfare
	200	+	program fund.
	201	+	D. The department shall promulgate rules to
	202	+	administer the animal welfare program. The rules shall include
	203	+	provisions to:
	204	+	(1) establish procedures for review,
	205	+	evaluation and approval of proposed project applications;
	206	+	(2) accord priority attention to areas with
	207	+	the greatest need for animal welfare projects; and
	208	+	(3) evaluate the ability and competence of an
	209	+	applicant to provide efficiently and adequately for the
180	210		completion of a proposed project.
181		-	E. On October 1 of each year, the department shall
182		-	submit a report to the legislative finance committee on the
183		-	animal welfare program that shall include:
	211	+	E. Beginning October 1, 2028 and each October 1
	212	+	thereafter, the department shall submit a report to the
	213	+	legislative finance committee on the animal welfare program
	214	+	that shall include:
184	215		(1) for each funded project:
185	216		(a) a description of the project;
186	217		(b) the name of the grantee or
187	218		contractor;
188	219		(c) how much funding the project
189	220		received;
190		-	(d) the progress or completion of the
191		-	project; and
192		-	(e) how the project supports animal
193		-	welfare;
194		-	(2) the number and proposed costs of
195		-	proposed projects that were approved for but did not receive
196		-	funding due to the insufficiency of available funds for the
197		-	animal welfare program; and
198		-	(3) the total amount of administrative costs
199		-	incurred by the department to administer the program.
200		-	F. As used in this section:
201		-	(1) "department" means the department of
202		-	finance and administration;
203		-	(2) "eligible entity" means a nonprofit
204		-	organization whose primary purpose is to provide services HAFC/HB 113
205		-	Page 5
	221	+	.228806.4
	222	+	- 4 - underscored material = new
	223	+	[bracketed material] = delete
206	224		1
207	225		2
208	226		3
209	227		4
210	228		5
211	229		6
212	230		7
213	231		8
214	232		9
215	233		10
216	234		11
217	235		12
218	236		13
219	237		14
220	238		15
221	239		16
222	240		17
223	241		18
224	242		19
225	243		20
226	244		21
227	245		22
228	246		23
229	247		24
230	248		25
231		-	that support the welfare of domestic cats and dogs; and
	249	+	(d) the progress or completion of the
	250	+	project; and
	251	+	(e) how the project supports animal
	252	+	welfare;
	253	+	(2) the number and proposed costs of proposed
	254	+	projects that were approved for but did not receive funding due
	255	+	to the insufficiency of available funds for the animal welfare
	256	+	program; and
	257	+	(3) the total amount of administrative costs
	258	+	incurred by the department to administer the program.
	259	+	F. As used in this section:
	260	+	(1) "department" means the department of
	261	+	finance and administration;
	262	+	(2) "eligible entity" means a nonprofit
	263	+	organization whose primary purpose is to provide services that
	264	+	support the welfare of domestic cats and dogs; and
232	265		(3) "equipment and supplies" means vehicles,
233	266		equipment and tools, computer hardware and software, training
234		-	materials and supplies that are necessary and directly
235		-	related to providing support for animal welfare.
236		-	SECTION 2. ANIMAL WELFARE PROGRAM FUND.--The "animal
237		-	welfare program fund" is created as a nonreverting fund in the
238		-	state treasury. The fund consists of appropriations, gifts,
239		-	grants and donations. The department of finance and
240		-	administration shall administer the fund, and money in the
241		-	fund is appropriated to the department to administer the
242		-	animal welfare program. Expenditures from the fund shall be
243		-	by warrant of the secretary of finance and administration
244		-	pursuant to vouchers signed by the secretary of finance and
245		-	administration or the secretary's authorized representative.
	267	+	materials and supplies that are necessary and directly related
	268	+	to providing support for animal welfare.
	269	+	SECTION 2. [NEW MATERIAL] ANIMAL WELFARE TRUST FUND.--
	270	+	A. The "animal welfare trust fund" is created as a
	271	+	nonreverting fund in the state treasury. The fund consists of
	272	+	distributions, appropriations, gifts, grants and donations.
	273	+	Income from investment of the fund shall be credited to the
	274	+	.228806.4
	275	+	- 5 - underscored material = new
	276	+	[bracketed material] = delete
	277	+	1
	278	+	2
	279	+	3
	280	+	4
	281	+	5
	282	+	6
	283	+	7
	284	+	8
	285	+	9
	286	+	10
	287	+	11
	288	+	12
	289	+	13
	290	+	14
	291	+	15
	292	+	16
	293	+	17
	294	+	18
	295	+	19
	296	+	20
	297	+	21
	298	+	22
	299	+	23
	300	+	24
	301	+	25
	302	+	fund. Money in the fund shall be expended only as provided in
	303	+	this section.
	304	+	B. The state investment officer, subject to the
	305	+	approval of the state investment council, shall invest money in
	306	+	the animal welfare trust fund:
	307	+	(1) in accordance with the prudent investor
	308	+	rule set forth in the Uniform Prudent Investor Act; and
	309	+	(2) in consultation with the department of
	310	+	finance and administration.
	311	+	C. The state investment officer shall report
	312	+	quarterly to the legislative finance committee and the state
	313	+	investment council on the investments made pursuant to this
	314	+	section. Annually, a report shall be submitted no later than
	315	+	October 1 to the legislative finance committee.
	316	+	D. On July 1, 2028 and each July 1 thereafter, a
	317	+	distribution shall be made from the animal welfare trust fund
	318	+	to the animal welfare program fund in an amount equal to five
	319	+	percent of the average of the year-end market values of the
	320	+	trust fund for the immediately preceding three calendar years.
	321	+	SECTION 3. [NEW MATERIAL] ANIMAL WELFARE PROGRAM FUND.--
	322	+	The "animal welfare program fund" is created in the state
	323	+	treasury. The fund consists of appropriations, gifts, grants,
	324	+	donations and income from investment of the fund. The
	325	+	department of finance and administration shall administer the
	326	+	fund, and money in the fund is appropriated to the department
	327	+	.228806.4
	328	+	- 6 - underscored material = new
	329	+	[bracketed material] = delete
	330	+	1
	331	+	2
	332	+	3
	333	+	4
	334	+	5
	335	+	6
	336	+	7
	337	+	8
	338	+	9
	339	+	10
	340	+	11
	341	+	12
	342	+	13
	343	+	14
	344	+	15
	345	+	16
	346	+	17
	347	+	18
	348	+	19
	349	+	20
	350	+	21
	351	+	22
	352	+	23
	353	+	24
	354	+	25
	355	+	to administer the animal welfare program. Expenditures from
	356	+	the fund shall be by warrant of the secretary of finance and
	357	+	administration pursuant to vouchers signed by the secretary of
	358	+	finance and administration or the secretary's authorized
	359	+	representative. Any unexpended or unencumbered balance
	360	+	remaining at the end of a fiscal year shall revert to the
	361	+	animal welfare trust fund.
	362	+	SECTION 4. TRANSFER.--Ten million dollars ($10,000,000)
	363	+	is transferred from the general fund to the animal welfare
	364	+	trust fund.
	365	+	- 7 -
	366	+	.228806.4