Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Rep. McQueen/Sen. Woods
LAST UPDATED
ORIGINAL DATE 2/11/25
SHORT TITLE Free Roaming Horses & Livestock Code
BILL
NUMBER House Bill 284
ANALYST Sanchez
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
Livestock Board
Indeterminate
but minimal
At least $6.0 $2.5 to $5.0 $8.5 to $11.0 Nonrecurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Office of the Attorney General (NMAG) Board of Veterinary Medicine (BVM)
Livestock Board (NMLB)
Department of Public Safety (DPS)
Department of Agriculture (NMDA)
SUMMARY
Synopsis of House Bill 284
House Bill 284 (HB284) amends Sections 77-2 and 77-18, NMSA 1978 (the Livestock Code) to
regulate the management of free-roaming horses, emphasizing humane treatment through
fertility control, relocation, and adoption while prohibiting their slaughter or export for slaughter.
It establishes the role of a "free-roaming horse expert," an individual or organization qualified to
conduct population surveys, assess land carrying capacity, and implement management
strategies. The New Mexico Livestock Board is tasked with setting qualification standards,
overseeing registration, and enforcing compliance through rulemaking authority and fines for
violations. Notably, the bill removes references to "wild horses" and "Spanish colonial horses"
from the statute, eliminating genetic testing requirements previously mandated for herd
management. It also allows state, county, and municipal governments to contract with qualified
experts, though control activities cannot occur on federal or tribal land.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
House Bill 284 – Page 2
FISCAL IMPLICATIONS
Analysis from the Livestock Board notes:
There would be fiscal implications to implement this bill. The time involved in
rulemaking would be considerable. Also, the travel time for staff meetings, committee
meetings, and board meetings could range from $2,000 to $5,000. The costs to have the
Records Division enact the rule would be between $250 and $1,000. These costs would
be one-time, non-recurring.
No other responding agencies noted any fiscal implications in their analysis.
SIGNIFICANT ISSUES
Analysis from the New Mexico Department of Agriculture states that free-roaming horses on
federal lands are managed under the Wild Free-Roaming Horses and Burros Act by the U.S.
Bureau of Land Management and the U.S. Forest Service, while those on non-federal public
lands in New Mexico are subject to genetic testing and oversight by the Museum of
Southwestern Biology at the University of New Mexico. However, the museum's role has been
focused on preserving the genetics of Spanish heritage colonial horses rather than managing
populations within an ecologically sustainable capacity, and it currently lacks any formal
program for herd population control. Overpopulation, particularly in areas like Placitas, has led
to malnutrition among horses, damage to private property, environmental degradation, and
competition for forage with livestock and wildlife. Previous attempts by the New Mexico
Livestock Board to manage these horses under estray laws have been blocked by court rulings,
which determined that as long as public lands are part of their range, free-roaming horses retain
their wild legal status even when on private property. As a result, no single entity currently holds
clear legal authority to manage free-roaming horse populations effectively.
Analysis from the Department of Public Safety states:
Free-roaming horses pose a serious risk to motorists. Horses wandering on public roads
can cause accidents that may lead to injury or even death, both for animals and humans.
By allowing humane management and relocation of these horses, the bill reduces the risk
of such incidents.
TECHNICAL ISSUES
Analysis from the Office of the Attorney General (NMAG) cited several technical issues with the
bill language, as follows:
The definition of “wild horse” is stricken and “free roaming horse” is not defined.
The definition of “public land” is stricken and does not appear to be defined,
although it is referenced elsewhere in the bill.
Section 3(A) mentions the term “fertility control” without defining it.
Section 4(B) mentions the term equine “retirement facility,” but it is never
defined. It is unclear how a horse enters such a facility.
Section 4(F)(6) defines “qualified free-roaming horse expert” but this definition is
not identical to how it was first described in Section 1(P), which may be
confusing.
House Bill 284 – Page 3
OTHER SUBSTANT IVE ISSUES
NMAG also noted:
Section 2(D) adds a maximum fee for violations of that section of the act, but the section
doesn’t explicitly list the types of violations (for example, A and B just talk about health
and sanitary requirements).
SS/hj/SL2