New Mexico 2025 Regular Session

New Mexico House Bill HB284 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~HJC/HB 284~~
2		-	~~Page 1~~
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	28	+	HOUSE BILL 284
	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	+	Matthew McQueen and Pat Woods
28	48		AN ACT
29	49		RELATING TO ANIMALS; AMENDING DEFINITIONS IN THE LIVESTOCK
30	50		CODE; ALLOWING FERTILITY CONTROL, RELOCATION AND ADOPTION OF
31	51		FREE-ROAMING HORSES UNDER CERTAIN CIRCUMSTANCES; ALLOWING A
32		-	FREE-ROAMING HORSE EXPERT TO ~~IMPLEMENT~~ FREE-~~ROAMING HORSE~~
33		-	~~HERD MANAGEMENT ACTIVITIES~~ ON CERTAIN LAND THROUGH CERTAIN
34		-	~~METHODS;~~ REQUIRING THE NEW MEXICO LIVESTOCK BOARD TO APPROVE
35		-	~~THE~~ QUALIFICATIONS OF A FREE-ROAMING HORSE EXPERT; ALLOWING
36		-	~~THE NEW~~ MEXICO LIVESTOCK BOARD TO MAKE RULES REGARDING THE
37		-	~~APPROVAL OF~~ THE QUALIFICATIONS OF A FREE-ROAMING HORSE
38		-	~~EXPERT; PROHIBITING~~ THE SLAUGHTER OR EXPORT FOR SLAUGHTER OF
39		-	~~FREE-ROAMING HORSES;~~ PROVIDING A PENALTY.
	52	+	FREE-ROAMING HORSE EXPERT TO CONTROL THE POPULATION OF FREE-
	53	+	ROAMING HORSES ON CERTAIN LAND THROUGH CERTAIN METHODS;
	54	+	REQUIRING THE NEW MEXICO LIVESTOCK BOARD TO APPROVE THE
	55	+	QUALIFICATIONS OF A FREE-ROAMING HORSE EXPERT; ALLOWING THE NEW
	56	+	MEXICO LIVESTOCK BOARD TO MAKE RULES REGARDING THE APPROVAL OF
	57	+	THE QUALIFICATIONS OF A FREE-ROAMING HORSE EXPERT; PROHIBITING
	58	+	THE SLAUGHTER OR EXPORT FOR SLAUGHTER OF FREE-ROAMING HORSES;
	59	+	PROVIDING A PENALTY.
40	60		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
41	61		SECTION 1. Section 77-2-1.1 NMSA 1978 (being Laws 1993,
42	62		Chapter 248, Section 2, as amended) is amended to read:
43		-	"77-2-1.1. DEFINITIONS.--As used in The Livestock Code:
44		-	A. "animals" or "livestock" means all domestic or
45		-	domesticated animals that are used or raised on a farm or
46		-	ranch, including the carcasses thereof, and exotic animals in
47		-	captivity and includes equines, cattle, sheep, goats, swine,
48		-	bison, poultry, ostriches, emus, rheas, camelids and farmed
49		-	cervidae upon any land in New Mexico. "Animals" or
50		-	"livestock" does not include canine or feline animals or
51		-	free-roaming horses; HJC/HB 284
52		-	Page 2
	63	+	.229262.6 underscored material = new
	64	+	[bracketed material] = delete
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	90	+	"77-2-1.1. DEFINITIONS.--As used in The Livestock Code:
	91	+	A. "animals" or "livestock" means all domestic or
	92	+	domesticated animals that are used or raised on a farm or
	93	+	ranch, including the carcasses thereof, and exotic animals in
	94	+	captivity and includes equines, cattle, sheep, goats, swine,
	95	+	bison, poultry, ostriches, emus, rheas, camelids and farmed
	96	+	cervidae upon any land in New Mexico. "Animals" or "livestock"
	97	+	does not include canine or feline animals;
78	98		B. "bill of sale" means an instrument in
79		-	substantially the form specified in The Livestock Code by
80		-	~~which~~ the owner or the owner's authorized agent transfers to
81		-	~~the~~ buyer the title to animals described in the bill of sale;
	99	+	substantially the form specified in The Livestock Code by which
	100	+	the owner or the owner's authorized agent transfers to the
	101	+	buyer the title to animals described in the bill of sale;
82	102		C. "bison" or "buffalo" means a bovine animal of
83	103		the species bison;
84	104		D. "board" means the New Mexico livestock board;
85		-	E. "bond" means cash or an insurance agreement
86		-	~~from~~ a New Mexico licensed surety or insurance corporation
87		-	~~pledging~~ surety for financial loss caused to another,
88		-	~~including~~ certificate of deposit, letter of credit or other
89		-	~~surety as may~~ be approved by the grain inspection, packers
90		-	~~and stockyards~~ administration of the United States department
91		-	~~of agriculture~~ or the board;
	105	+	E. "bond" means cash or an insurance agreement from
	106	+	a New Mexico licensed surety or insurance corporation pledging
	107	+	surety for financial loss caused to another, including
	108	+	certificate of deposit, letter of credit or other surety as may
	109	+	be approved by the grain inspection, packers and stockyards
	110	+	administration of the United States department of agriculture
	111	+	or the board;
92	112		F. "brand" means a symbol or device in a form
93		-	approved by and recorded with the board as may be sufficient
94		-	to readily distinguish livestock should they become
95		-	intermixed with other livestock;
96		-	G. "brand inspector" means an inspector who is not
97		-	certified as a peace officer;
98		-	H. "carcasses" means dead or dressed bodies of
99		-	livestock or parts thereof;
100		-	I. "cattle" means animals of the genus bos,
101		-	including dairy cattle, and does not include any other kind
102		-	of livestock; HJC/HB 284
103		-	Page 3
	113	+	approved by and recorded with the board as may be sufficient to
	114	+	readily distinguish livestock should they become intermixed
	115	+	.229262.6
	116	+	- 2 - underscored material = new
	117	+	[bracketed material] = delete
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	143	+	with other livestock;
	144	+	G. "brand inspector" means an inspector who is not
	145	+	certified as a peace officer;
	146	+	H. "carcasses" means dead or dressed bodies of
	147	+	livestock or parts thereof;
	148	+	I. "cattle" means animals of the genus bos,
	149	+	including dairy cattle, and does not include any other kind of
	150	+	livestock;
129	151		J. "dairy cattle" means animals of the genus bos
130	152		raised not for consumption but for dairy products and
131	153		distinguished from meat breed cattle;
132	154		K. "director" means the executive director of the
133	155		board;
134	156		L. "disease" means a communicable, infectious or
135	157		contagious disease;
136	158		M. "district" means a livestock inspection
137	159		district;
138	160		N. "equine" means a horse, pony, mule, donkey or
139	161		hinny;
140		-	O. "equine rescue or retirement facility" means a
141		-	facility, including a public or private reserve or preserve,
142		-	that provides lifelong care or finds new owners for unwanted,
143		-	abused or neglected equines or captured free-roaming horses,
144		-	but does not include a federal facility;
145		-	P. "estray" means livestock found running at large
146		-	upon public or private lands, either fenced or unfenced,
147		-	whose owner is unknown, or that is branded with a brand that
148		-	is not on record in the office of the board or is a freshly
149		-	branded or marked offspring not with its branded or marked
150		-	mother, unless other proof of ownership is produced;
151		-	Q. "fertility control" means the reduction or
152		-	maintenance of the reproduction rate of animals or
153		-	free-roaming horses using castration or non-surgical HJC/HB 284
154		-	Page 4
	162	+	O. "estray" means livestock found running at large
	163	+	upon public or private lands, either fenced or unfenced, whose
	164	+	owner is unknown, or that is branded with a brand that is not
	165	+	on record in the office of the board or is a freshly branded or
	166	+	marked offspring not with its branded or marked mother, unless
	167	+	other proof of ownership is produced;
	168	+	.229262.6
	169	+	- 3 - underscored material = new
	170	+	[bracketed material] = delete
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180		-	contraceptives;
181		-	R. "free-roaming horse" means an unclaimed horse
182		-	found at large that is not an estray due to lack of evidence
183		-	of private ownership or domestication and does not include
184		-	horses subject to the jurisdiction of the federal government
185		-	pursuant to the federal Wild Free-Roaming Horses and Burros
186		-	Act;
187		-	S. "free-roaming horse expert" means a person
188		-	registered and authorized by the board as qualified to
189		-	perform free-roaming horse or herd management services;
190		-	T. "inspector" means a livestock or brand
	196	+	P. "free-roaming horse expert" means an individual,
	197	+	a corporation or an organization, including a corporation's or
	198	+	organization's contractors, determined by the board to possess
	199	+	qualifications, including demonstrated expertise in:
	200	+	(1) conducting free-roaming horse herd
	201	+	surveys;
	202	+	(2) analyzing the ownership status and animal
	203	+	carrying capacity of land in conjunction with environmental
	204	+	health; and
	205	+	(3) understanding free-roaming horse habitat,
	206	+	biology, behavior, management strategies and population
	207	+	dynamics;
	208	+	[P.] Q. "inspector" means a livestock or brand
191	209		inspector;
192		-	U. "livestock inspector" means a certified
	210	+	[Q.] R. "livestock inspector" means a certified
193	211		inspector who is granted full law enforcement powers for
194	212		enforcement of The Livestock Code and other criminal laws
195	213		relating to livestock;
196		-	V. "mark" means an ear tag or ownership mark ~~that~~
197		-	is not a brand;
198		-	W. "meat" means the edible flesh of poultry, ~~birds~~
199		-	or animals sold for human consumption and includes ~~livestock,~~
200		-	poultry and livestock and poultry products;
201		-	X. "mule" means a hybrid resulting from the ~~cross~~
202		-	of a horse and a donkey; and
203		-	Y. ~~"person" means an individual, firm,~~
204		-	~~partnership, association,~~ ~~corporation or similar legal HJC/HB 284~~
205		-	~~Page 5~~
	214	+	[R.] S. "mark" means an ear tag or ownership mark
	215	+	that is not a brand;
	216	+	[S.] T. "meat" means the edible flesh of poultry,
	217	+	birds or animals sold for human consumption and includes
	218	+	livestock, poultry and livestock and poultry products;
	219	+	[T.] U. "mule" means a hybrid resulting from the
	220	+	cross of a horse and [an ass ] a donkey; and
	221	+	.229262.6
	222	+	- 4 - underscored material = new
	223	+	[bracketed material] = delete
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231		-	entity."
	249	+	[U.] V. "person" means an individual, firm,
	250	+	partnership, association, corporation or similar legal entity."
232	251		SECTION 2. Section 77-2-30 NMSA 1978 (being Laws 2005,
233	252		Chapter 236, Section 1, as amended) is amended to read:
234	253		"77-2-30. EQUINE RESCUE OR RETIREMENT FACILITY--
235	254		REGISTRATION--BOARD POWERS AND DUTIES--FEES.--
236	255		A. As used in this section, "facility" means an
237		-	equine rescue or retirement facility.
	256	+	equine rescue or retirement facility, including a public or
	257	+	private reserve or [private ] preserve, that [advertises or
	258	+	solicits for equines and provides lifelong care or finds new
	259	+	owners for equines that are unwanted or have been neglected or
	260	+	abused or captured wild equines that cannot be returned to
	261	+	their range] provides lifelong care or finds new owners for
	262	+	unwanted, abused or neglected equines or captured free-roaming
	263	+	horses, but does not include a federal facility .
238	264		B. A facility shall not operate in New Mexico
239	265		unless registered by the board.
240	266		C. The board shall:
241	267		(1) register facilities that meet the
242	268		requirements of this section and rules promulgated by the
243	269		board;
244		-	(2) consult with representatives from ~~the~~
245		-	equine industry, equine rescue organizations and
	270	+	(2) annually consult with representatives from
	271	+	the equine industry, equine rescue organizations and
246	272		veterinarians on facility standards; and
247		-	(3) after consideration of recommendations
248		-	by national organizations for the care of unwanted equines
249		-	and equine rescue and retirement facilities, promulgate rules
250		-	for facilities, including:
251		-	(a) health and sanitary requirements;
252		-	(b) standards for barns, paddocks,
253		-	pastures and ranges;
254		-	(c) qualifications of the facility
255		-	staff; HJC/HB 284
256		-	Page 6
	273	+	(3) after consideration of recommendations by
	274	+	.229262.6
	275	+	- 5 - underscored material = new
	276	+	[bracketed material] = delete
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	302	+	national organizations for the care of unwanted equines and
	303	+	equine rescue and retirement facilities, promulgate rules for
	304	+	facilities, including:
	305	+	(a) health and sanitary requirements;
	306	+	(b) standards for barns, paddocks,
	307	+	pastures and ranges;
	308	+	(c) qualifications of the facility
	309	+	staff;
282	310		(d) provision of veterinary care;
283	311		(e) feeding and watering requirements;
284	312		(f) transportation;
285	313		(g) a process to issue a temporary
286	314		capacity waiver to a facility for the purpose of transferring
287	315		equines in the custody of the board to a facility; and
288	316		(h) other requirements necessary to
289	317		ensure the humane care of equines.
290		-	D. The board may establish ~~civil~~ fines not
	318	+	D. The board may establish fines and penalties not
291	319		exceeding one thousand dollars ($1,000) per violation for
292		-	violations of this section and rules related to equine rescue
293		-	and retirement facilities promulgated by the board.
294		-	E. The board may charge the following fees:
295		-	(1) an initial inspection and registration
296		-	fee of not more than two hundred fifty dollars ($250);
297		-	(2) an annual inspection and registration
298		-	fee of not more than one hundred dollars ($100); and
	320	+	violations of this section.
	321	+	[D.] E. The board may charge the following fees:
	322	+	(1) an initial inspection and registration fee
	323	+	of not more than two hundred fifty dollars ($250);
	324	+	(2) an annual inspection and registration fee
	325	+	of not more than one hundred dollars ($100); and
299	326		(3) reinspection fees of not more than one
300		-	hundred dollars ($100).
301		-	F. Fees collected pursuant to this section shall
302		-	be deposited in the New Mexico livestock board general fund
303		-	and may be used to carry out the provisions of this section
304		-	and Section 77-2-31 NMSA 1978."
305		-	SECTION 3. A new section of Chapter 77, Article 2 NMSA
306		-	1978 is enacted to read: HJC/HB 284
307		-	Page 7
	327	+	.229262.6
	328	+	- 6 - underscored material = new
	329	+	[bracketed material] = delete
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333		-	~~"FREE-ROAMING HORSE EXPERT--APPROVAL~~ ~~OF QUALIFICATIONS--~~
334		-	~~RULES~~.--
335		-	~~A. A person~~ shall ~~not provide free-roaming~~ ~~horse~~
336		-	~~or herd management services,~~ ~~administer free-roaming~~ ~~horse~~
337		-	~~fertility control or capture a free-roaming horse for~~
338		-	~~relocation unless registered by the board as~~ a ~~free-roaming~~
339		-	~~horse expert;~~ ~~provided that this section shall not apply~~ to:
340		-	~~(1) persons providing~~ free-roaming horse or
341		-	~~herd management services prior to the effective date of this~~
342		-	~~2025 act who apply for registration as~~ a ~~free-roaming horse~~
343		-	~~expert within three months after the board promulgates rules~~
344		-	~~related to registration and subsequently become registered,~~
345		-	~~or who cease such~~ free-roaming horse ~~or herd management~~
346		-	~~services~~; or
347		-	~~(2)~~ the federal bureau of land management or
348		-	~~the federal~~ forest service acting in accordance with
	355	+	hundred dollars ($100).
	356	+	[E.] F. Fees collected pursuant to this section
	357	+	shall be deposited in the New Mexico livestock board general
	358	+	fund and may be used to carry out the provisions of this
	359	+	section and Section 77-2-31 NMSA 1978."
	360	+	SECTION 3. A new section of Chapter 77, Article 2 NMSA
	361	+	1978 is enacted to read:
	362	+	"[NEW MATERIAL] FREE-ROAMING HORSE EXPERT--APPROVAL OF
	363	+	QUALIFICATIONS--RULES.--
	364	+	A. An individual, a corporation or an organization
	365	+	that provides free-roaming horse or herd management services,
	366	+	administers free-roaming horse fertility control or captures a
	367	+	free-roaming horse for relocation in New Mexico shall be
	368	+	registered by the board; provided that this subsection shall
	369	+	not apply to the federal bureau of land management or the
	370	+	United States forest service acting in accordance with
349	371		applicable federal law, regulations and policy.
350		-	B. A free-roaming horse expert shall meet or
351		-	exceed minimum qualifications to be registered by the board
352		-	to perform free-roaming horse or herd management services
353		-	pursuant to Section 77-18-5 NMSA 1978, including demonstrated
354		-	expertise in:
355		-	(1) conducting free-roaming horse herd
356		-	surveys;
357		-	(2) determining the ownership status of HJC/HB 284
358		-	Page 8
	372	+	B. The board shall:
	373	+	(1) promulgate rules regarding the
	374	+	determination and approval of qualifications and registration
	375	+	of free-roaming horse experts;
	376	+	(2) register free-roaming horse experts that
	377	+	meet the requirements of this section and the rules promulgated
	378	+	by the board; and
	379	+	(3) revoke the registration of a free-roaming
	380	+	.229262.6
	381	+	- 7 - underscored material = new
	382	+	[bracketed material] = delete
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384		-	land;
385		-	(3) analyzing the carrying capacity of land
386		-	in conjunction with environmental health; and
387		-	(4) understanding free-roaming horse
388		-	habitat, biology, behavior, management strategies and
389		-	population dynamics.
390		-	C. The board shall:
391		-	(1) promulgate rules regarding the
392		-	determination and approval of qualifications and registration
393		-	of free-roaming horse experts and may establish civil fines
394		-	not exceeding one thousand dollars ($1,000) per violation for
395		-	violations of Subsection A of this section;
396		-	(2) register free-roaming horse experts that
397		-	meet the requirements of this section and the rules
398		-	promulgated by the board; and
399		-	(3) revoke the registration of a
400		-	free-roaming horse expert that fails to comply with Section
401		-	77-18-5 NMSA 1978, or related rules, and apply other
402		-	penalties that the board deems appropriate.
403		-	D. The board may charge the following fees:
	408	+	horse expert that fails to comply with Section 77-18-5 NMSA
	409	+	1978, or related rules, and apply other penalties that the
	410	+	board deems appropriate.
	411	+	C. The board may charge the following fees:
404	412		(1) an initial approval fee of not more than
405	413		five hundred dollars ($500); and
406	414		(2) an annual registration fee of not more
407	415		than two hundred fifty dollars ($250).
408		-	E. Fees collected pursuant to this section shall HJC/HB 284
409		-	Page 9
	416	+	D. Fees collected pursuant to this section shall be
	417	+	deposited in the New Mexico livestock board general fund and
	418	+	may be used to carry out the provisions of this section."
	419	+	SECTION 4. Section 77-18-5 NMSA 1978 (being Laws 2007,
	420	+	Chapter 216, Section 1) is amended to read:
	421	+	"77-18-5. [WILD HORSES--CONFORMATION, HISTORY AND
	422	+	DEOXYRIBONUCLEIC ACID TESTING--SPANISH COLONIAL HORSES--BIRTH ]
	423	+	FREE-ROAMING HORSES--HUMANE MANAGEMENT--FERTILITY CONTROL--
	424	+	PROHIBITIONS.--
	425	+	[A. As used in this section:
	426	+	(1) "public land" does not include federal
	427	+	land controlled by the bureau of land management, the forest
	428	+	service or state trust land controlled by the state land
	429	+	office;
	430	+	(2) "range" means the amount of land necessary
	431	+	to sustain a herd of wild horses, which does not exceed its
	432	+	known territorial limits;
	433	+	.229262.6
	434	+	- 8 - underscored material = new
	435	+	[bracketed material] = delete
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435		-	be deposited in the New Mexico livestock board general fund
436		-	and may be used to carry out the provisions of this section."
437		-	SECTION 4. Section 77-18-5 NMSA 1978 (being Laws 2007,
438		-	Chapter 216, Section 1) is repealed and a new Section 77-18-5
439		-	NMSA 1978 is enacted to read:
440		-	"77-18-5. FREE-ROAMING HORSES--HUMANE MANAGEMENT--
441		-	FERTILITY CONTROL--PROHIBITIONS.--
442		-	A. A state, county or municipal government or
443		-	governmental subdivision may enter into an agreement with a
444		-	registered free-roaming horse expert to conduct free-roaming
445		-	horse surveys and management and determine land carrying
446		-	capacity. If a registered free-roaming horse expert
447		-	determines as part of the agreement that the free-roaming
448		-	horse or herd exceeds the carrying capacity of the land
449		-	inhabited, the expert or the expert's agents may cause
450		-	control of a free-roaming horse or herd upon the approval of
451		-	the appropriate landowner through:
452		-	(1) the use of fertility control via
453		-	immunocontraception or castration;
454		-	(2) humane capture and relocation to an
455		-	equine rescue or retirement facility, with permission of the
456		-	facility, having the capacity to accept free-roaming horses
457		-	that is registered with the board pursuant to Section 77-2-30
458		-	NMSA 1978 or an equivalent out-of-state facility that meets
459		-	the board's facility standards for lifelong sanctuary care or HJC/HB 284
460		-	Page 10
	461	+	(3) "Spanish colonial horse" means a wild
	462	+	horse that is descended from horses of the Spanish colonial
	463	+	period; and
	464	+	(4) "wild horse" means an unclaimed horse on
	465	+	public land that is not an estray.
	466	+	B. A wild horse that is captured on public land
	467	+	shall have its conformation, history and deoxyribonucleic acid
	468	+	tested to determine if it is a Spanish colonial horse. If it
	469	+	is a Spanish colonial horse, the wild horse shall be relocated
	470	+	to a state or private wild horse preserve created and
	471	+	maintained for the purpose of protecting Spanish colonial
	472	+	horses. If it is not a Spanish colonial horse, it shall be
	473	+	returned to the public land, relocated to a public or private
	474	+	wild horse preserve or put up for adoption by the agency on
	475	+	whose land the wild horse was captured.
	476	+	C. If the mammal division of the museum of
	477	+	southwestern biology at the university of New Mexico determines
	478	+	that a wild horse herd exceeds the number of horses that is
	479	+	necessary for preserving the genetic stock of the herd and for
	480	+	preserving and maintaining the range, it may cause control of
	481	+	the wild horse population through the use of birth control and
	482	+	may cause excess horses to be:
	483	+	(1) humanely captured and relocated to other
	484	+	public land or to a public or private wild horse preserve;
	485	+	(2) adopted by a qualified person for private
	486	+	.229262.6
	487	+	- 9 - underscored material = new
	488	+	[bracketed material] = delete
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486		-	for the purposes of adoption of the free-roaming horse or
487		-	horses;
	514	+	maintenance; or
	515	+	(3) euthanized; provided that this option
	516	+	applies only to wild horses that are determined by a
	517	+	veterinarian to be crippled or otherwise unhealthy. ]
	518	+	A. A state, county or municipal government or
	519	+	governmental subdivision may enter into an agreement with a
	520	+	registered free-roaming horse expert to conduct free-roaming
	521	+	horse surveys and management and determine land carrying
	522	+	capacity. If a qualified free-roaming horse expert determines
	523	+	as part of such an agreement that the free-roaming horse or
	524	+	herd exceeds the carrying capacity of the land inhabited, as
	525	+	determined using the best available science, the expert, and
	526	+	that expert's employees, contractors and volunteers, may cause
	527	+	control of a free-roaming horse or herd upon the approval of
	528	+	the appropriate landowner through:
	529	+	(1) the use of fertility control via
	530	+	immunocontraception or castration;
	531	+	(2) humane capture and relocation to an equine
	532	+	rescue or retirement facility, with permission of the facility,
	533	+	having the capacity to accept free-roaming horses that is
	534	+	registered with the board pursuant to Section 77-2-30 NMSA 1978
	535	+	or an equivalent out-of-state facility that meets the board's
	536	+	facility standards for lifelong sanctuary care or for the
	537	+	purposes of adoption of the free-roaming horse or horses;
488	538		(3) humane capture and relocation to land,
489		-	with the permission of the landowner, that has the capacity
490		-	to sustain free-roaming horse herds or family bands; or
491		-	(4) for a horse determined by a veterinarian
492		-	licensed to practice in New Mexico to suffer from a medical
493		-	condition that significantly impacts the horse's quality of
494		-	life and cannot be reasonably treated, humane euthanasia.
495		-	B. A free-roaming horse captured and relocated to
496		-	an equine rescue or retirement facility pursuant to this
497		-	section shall be microchipped or freeze branded for
498		-	individual and ownership identification purposes.
499		-	C. A free-roaming horse expert shall not enter
500		-	private land or state land without the permission of the
501		-	owner or lessee of that land.
502		-	D. A free-roaming horse expert shall not engage in
503		-	herd management activities on federal land without the
504		-	appropriate federal entity's permission or on tribal land
505		-	without the appropriate tribal entity's permission.
506		-	E. Nothing in this section shall affect the
507		-	federal bureau of land management's or the United States
508		-	forest service's authority to manage free-roaming horses that
509		-	are not subject to the federal Wild Free-Roaming Horses and
510		-	Burros Act and found on lands administered by the federal HJC/HB 284
511		-	Page 11
	539	+	.229262.6
	540	+	- 10 - underscored material = new
	541	+	[bracketed material] = delete
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537		-	bureau of land management or the United States forest
538		-	service, including the federal bureau of land management's or
539		-	the United States forest service's authority to gather,
540		-	remove and sell free-roaming horses in accordance with
541		-	applicable law, regulations and policy.
542		-	F. A person shall not knowingly slaughter, sell
543		-	for slaughter, cause or allow to be slaughtered, transport
544		-	for slaughter or release from an equine rescue or retirement
545		-	facility or adoptive home into the wild a free-roaming horse.
546		-	A person who violates this subsection is guilty of a
547		-	misdemeanor and upon conviction shall be sentenced in
548		-	accordance with the provisions of Section 31-19-1 NMSA 1978.
549		-	Each free-roaming horse that is slaughtered, sold for
550		-	slaughter, caused or allowed to be slaughtered, transported
551		-	for slaughter or released in violation of this subsection
552		-	constitutes a separate offense.
553		-	G. As used in this section:
554		-	(1) "adoption" means the taking of custody
555		-	and ownership of a free-roaming horse by a qualified
556		-	individual who has demonstrated to the equine rescue or
557		-	retirement facility in possession of that horse the capacity
558		-	and intent to provide humane treatment and care of the
559		-	animal, including proper feeding, sheltering, husbandry,
560		-	handling and care;
561		-	(2) "carrying capacity" means the number of HJC/HB 284
562		-	Page 12
	567	+	with the permission of the landowner, that has the capacity to
	568	+	sustain free-roaming horse herds or family bands; or
	569	+	(4) for a horse determined by a veterinarian
	570	+	licensed to practice in New Mexico to suffer from a medical
	571	+	condition that significantly impacts the horse's quality of
	572	+	life and cannot be reasonably treated, humane euthanasia.
	573	+	B. A free-roaming horse captured pursuant to this
	574	+	section and relocated to an equine rescue or retirement
	575	+	facility shall be microchipped or freeze branded for individual
	576	+	and ownership identification purposes.
	577	+	C. Nothing in this section shall authorize a
	578	+	qualified free-roaming horse expert to engage in herd
	579	+	management activities on federal or tribal land.
	580	+	D. Nothing in this section shall affect the federal
	581	+	bureau of land management's or the United States forest
	582	+	service's authority to manage free-roaming horses that are not
	583	+	subject to the federal Wild Free-Roaming Horses and Burros Act
	584	+	and found on lands administered by the federal bureau of land
	585	+	management or the United States forest service, including the
	586	+	federal bureau of land management's or the United States forest
	587	+	service's authority to gather, remove and sell free-roaming
	588	+	horses in accordance with applicable law, regulations and
	589	+	policy.
	590	+	E. A person shall not slaughter, allow to be
	591	+	slaughtered, export for slaughter or release from a facility or
	592	+	.229262.6
	593	+	- 11 - underscored material = new
	594	+	[bracketed material] = delete
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	620	+	adoptive home into the wild a free-roaming horse. A person who
	621	+	violates this subsection is guilty of a misdemeanor and upon
	622	+	conviction shall be sentenced in accordance with the provisions
	623	+	of Section 31-19-1 NMSA 1978. Each free-roaming horse that a
	624	+	person slaughters, allows to be slaughtered, exports for
	625	+	slaughter or releases constitutes a separate offense.
	626	+	F. As used in this section:
	627	+	(1) "adoption" means the taking of custody and
	628	+	ownership of a free-roaming horse by a qualified individual who
	629	+	has demonstrated to the equine rescue or retirement facility in
	630	+	possession of that horse the capacity and intent to provide
	631	+	humane treatment and care of the animal, including proper
	632	+	feeding, sheltering, husbandry, handling and care;
	633	+	(2) "carrying capacity" means the number of
588	634		free-roaming horses that a given amount of land can support
589	635		long-term while maintaining or improving healthy vegetation,
590		-	soil, water and free-roaming horse herds inhabiting that
591		-	land, taking into account human uses, including livestock
592		-	grazing and other agricultural uses, and wildlife
593		-	populations;
594		-	(3) "humane capture" means to gather or move
595		-	free-roaming horses to a holding location using baited
596		-	corrals or other low-stress methods whenever feasible, but
597		-	does not include use of aircraft or motorized vehicles; and
598		-	(4) "humane euthanasia" means to produce a
599		-	humane death of an animal by standards deemed acceptable by
600		-	the board of veterinary medicine as set forth in the board's
601		-	rules."
	636	+	soil, water and free-roaming horse herds inhabiting that land,
	637	+	taking into account human uses and wildlife populations;
	638	+	(3) "free-roaming horse" means an unclaimed
	639	+	horse found at large that is not an estray due to lack of
	640	+	evidence of private ownership or domestication and does not
	641	+	include horses subject to the jurisdiction of the federal
	642	+	government pursuant to the federal Wild Free-Roaming Horses and
	643	+	Burros Act;
	644	+	(4) "humane capture" means to gather or move
	645	+	.229262.6
	646	+	- 12 - underscored material = new
	647	+	[bracketed material] = delete
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	673	+	free-roaming horses to a holding location using baited corrals
	674	+	or other low-stress methods whenever feasible, but does not
	675	+	include use of aircraft or motorized vehicles;
	676	+	(5) "humane euthanasia" means to produce a
	677	+	humane death of an animal by standards deemed acceptable by the
	678	+	board of veterinary medicine as set forth in the board's rules;
	679	+	and
	680	+	(6) "qualified free-roaming horse expert"
	681	+	means an individual who has been approved by the board ."
	682	+	- 13 -
	683	+	.229262.6