SENATE BILL 358
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Carrie Hamblen
AN ACT
RELATING TO EQUINES; AMENDING PROVISIONS RELATING TO THE EQUINE SHELTER RESCUE FUND; ESTABLISHING THE EQUINE WELFARE TRUST FUND; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 77-2-32 NMSA 1978 (being Laws 2013, Chapter 49, Section 1, as amended) is amended to read:
"77-2-32. EQUINE SHELTER RESCUE FUND--CREATED.--
A. The "equine shelter rescue fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and amounts designated pursuant to Section 7-2-30.7 NMSA 1978. [The board shall administer the fund, and] Money in the fund is appropriated to the board to carry out the intent of aiding equine [rescues] rescue or retirement facilities and [homeless] equines that are surrendered, transferred by the board or law enforcement or otherwise acquired for purposes of rescue or sanctuary in the state, including:
(1) providing shelter or placement based on capacity;
(2) improving infrastructure and facilities;
(3) contracting with or employing equine trainers;
(4) providing feed and pasture to maintain equines;
(5) providing for basic and emergency veterinary care or husbandry, including sterilization, fertility control or hoof care; and
(6) administering adoption programs and services.
B. The board shall administer the fund, solicit applications for contracts from eligible applicants for disbursements and make disbursements of the available funds to eligible applicants that meet funding criteria on an annual basis.
C. To receive a contract for services, an applicant shall apply to the board on forms and in a manner prescribed by the board. An application shall include:
(1) a description of the proposed services or project for which the applicant is seeking funds via a contract agreement;
(2) a demonstration that the proposed services or 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 the time frame of the proposed project or services.
[B.] D. The board shall establish [by rule] rules for the distribution of funds from the equine shelter rescue fund to equine rescue and retirement facilities registered by the board pursuant to Section 77-2-30 NMSA 1978, taking into consideration the number of equines being cared for in each facility and the need of each facility. The board shall provide that funds remaining unspent pursuant to a contract for services after a specified length of time shall be refunded to the equine shelter rescue fund.
E. To be eligible to receive funds from the equine shelter rescue fund, an applicant shall:
(1) be a registered equine rescue or retirement facility in accordance with Section 77-2-30 NMSA 1978;
(2) be in good standing with the board and in compliance with Section 77-2-31 NMSA 1978;
(3) be a tax-exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 in good standing with the state department of justice;
(4) adhere to American association of equine practitioners guidelines; and
(5) not be intentionally breeding equines.
F. The board shall appoint an advisory committee consisting of eight members to make recommendations to the board for approval of applications for contracts pursuant to this section. The committee shall include:
(1) three representatives from equine rescue or retirement facilities registered with the board, each from a different facility, serving in an advisory but nonvoting capacity;
(2) two representatives from an animal welfare organization with tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 in good standing with the state department of justice and with demonstrated knowledge of equine welfare;
(3) the state veterinarian or the state veterinarian's designee who is a veterinarian licensed to practice in New Mexico;
(4) the executive director of the board or the executive director's designee; and
(5) one public member deemed by the board to have knowledge relevant to equine welfare or the administration of the fund.
G. Beginning October 1, 2028 and each October 1 thereafter, the board shall submit a report to the legislative finance committee that shall include the following:
(1) the amount of each funded contract;
(2) a description of each contract;
(3) the name of each funded contractor;
(4) how much funding the contracting entity has expended;
(5) the progress or completion of the contract;
(6) how the contract supports equine welfare;
(7) an explanation for why any funds remaining in the equine shelter rescue fund were not distributed to eligible entities;
(8) the number of proposed contracts, and their costs, that were approved for but did not receive funding due to the insufficiency of available funds in the equine shelter rescue fund; and
(9) the total amount of administrative costs incurred by the board to administer the equine shelter rescue fund."
SECTION 2. [NEW MATERIAL] EQUINE WELFARE TRUST FUND.--
A. The "equine welfare trust fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and any other money distributed or otherwise allocated to the fund. Money in the fund shall be invested by the state investment officer in accordance with law. Income from investment of the fund shall be credited to the fund.
B. On July 1, 2026, a distribution shall be made from the equine welfare trust fund to the equine shelter rescue fund in an amount equal to two percent of the year-end market value of the equine welfare trust fund for the immediately preceding fiscal year. On July 1, 2027, and each July 1 thereafter, a distribution shall be made from the equine welfare trust fund to the equine shelter rescue fund in an amount equal to four percent of the year-end market value of the equine welfare trust fund for the immediately preceding fiscal year. Two percent of the distribution pursuant to this subsection is appropriated to the New Mexico livestock board for the cost of administering the equine shelter rescue fund.
SECTION 3. APPROPRIATION.--Twenty million dollars ($20,000,000) is appropriated from the general fund to the equine welfare trust fund for expenditure in fiscal year 2026 and subsequent fiscal years to aid equine rescues and homeless equines in New Mexico through the equine shelter rescue fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
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