HAFC/HB 113
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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 PROGRAM
FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. 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, 2025, the department may award a grant to a
municipality or county or an Indian nation, tribe or pueblo,
or contract for services with an eligible entity, for a
project to repair, renovate or operate an animal shelter,
provided that a grant to repair or renovate shall only be for
publicly owned facilities, and to 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 HAFC/HB 113
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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;
or
(6) developing, publishing or distributing
animal welfare education and outreach materials to the
public.
B. To receive a grant or contract for services, an
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 HAFC/HB 113
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adjust the amount of money requested for a proposed project
based on its determination of the reasonable costs of the
proposal. 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
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 HAFC/HB 113
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completion of a proposed project.
E. On October 1 of each year, 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;
(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 HAFC/HB 113
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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. ANIMAL WELFARE PROGRAM FUND.--The "animal
welfare program fund" is created as a nonreverting fund in the
state treasury. The fund consists of appropriations, gifts,
grants and donations. The department of finance and
administration shall administer the fund, and money in the
fund is appropriated to the department 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.