SENATE BILL 126
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Pat Woods
AN ACT
RELATING TO LIVESTOCK; AMENDING SECTIONS OF THE NMSA 1978 TO CHANGE THE DEFINITIONS OF "ANIMALS" AND "LIVESTOCK".
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-18-1.2 NMSA 1978 (being Laws 1999, Chapter 107, Section 3, as amended) is amended to read:
"30-18-1.2. DISPOSITION OF SEIZED ANIMALS.--
A. If the court finds that a seized animal is not being cruelly treated and that the animal's owner is able to provide for the animal adequately, the court shall return the animal to its owner.
B. If the court finds that a seized animal is being cruelly treated or that the animal's owner is unable to provide for the animal adequately, the court shall hold a hearing to determine the disposition of the animal.
C. An agent of the New Mexico livestock board, an animal control agency operated by the state, a county or a municipality or an animal shelter or other animal welfare organization designated by an animal control agency or an animal shelter, in the custody of which an animal that has been cruelly treated has been placed may petition the court to request that the animal's owner may be ordered to post security with the court to indemnify the costs incurred to care and provide for the seized animal pending the disposition of any criminal charges of committing cruelty to animals pending against the animal's owner.
D. The court shall determine the amount of security while taking into consideration all of the circumstances of the case, including the owner's ability to pay, and may conduct periodic reviews of its order. If the posting of security is ordered, the animal control agency, animal shelter or animal welfare organization may, with permission of the court, draw from the security to indemnify the costs incurred to care and provide for the seized animal pending disposition of the criminal charges.
E. If the owner of the animal does not post security within fifteen days after the issuance of the order, or if, after reasonable and diligent attempts the owner cannot be located, the animal may be deemed abandoned and relinquished to the animal control agency, animal shelter or animal welfare organization for adoption or humane destruction; provided that if the animal is livestock other than poultry associated with cockfighting, the animal may be sold pursuant to the procedures set forth in Section 77-18-2 NMSA 1978.
F. Nothing in this section shall prohibit an owner from voluntarily relinquishing an animal to an animal control agency or shelter in lieu of posting security. A voluntary relinquishment shall not preclude further prosecution of any criminal charges alleging that the owner has committed felony cruelty to animals.
G. Upon conviction, the court shall place the animal with an animal shelter or animal welfare organization for placement or for humane destruction.
H. As used in this section, "livestock" means all [domestic or domesticated animals that are used or raised on a farm or ranch and exotic animals in captivity and includes] horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae, including the carcasses thereof, and exotic animals in captivity, but "livestock" does not include canine or feline animals or feral hogs."
SECTION 2. Section 77-2-1.1 NMSA 1978 (being Laws 1993, Chapter 248, Section 2, as amended) is amended to read:
"77-2-1.1. DEFINITIONS.--As used in The Livestock Code:
A. "animals" or "livestock" means all [domestic or domesticated animals that are used or raised on a farm or ranch, including the carcasses thereof, and exotic animals in captivity and includes] horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae upon any land in New Mexico, including the carcasses thereof, and exotic animals in captivity. "Animals" or "livestock" does not include canine or feline animals or feral hogs;
B. "bill of sale" means an instrument in substantially the form specified in The Livestock Code by which the owner or the owner's authorized agent transfers to the buyer the title to animals described in the bill of sale;
C. "bison" or "buffalo" means a bovine animal of the species bison;
D. "board" means the New Mexico livestock board;
E. "bond" means cash or an insurance agreement from a New Mexico licensed surety or insurance corporation pledging surety for financial loss caused to another, including certificate of deposit, letter of credit or other surety as may be approved by the grain inspection, packers and stockyards administration of the United States department of agriculture or the board;
F. "brand" means a symbol or device in a form approved by and recorded with the board as may be sufficient to readily distinguish livestock should they become intermixed with other livestock;
G. "brand inspector" means an inspector who is not certified as a peace officer;
H. "carcasses" means dead or dressed bodies of livestock or parts thereof;
I. "cattle" means animals of the genus bos, including dairy cattle, and does not include any other kind of livestock;
J. "dairy cattle" means animals of the genus bos raised not for consumption but for dairy products and distinguished from meat breed cattle;
K. "director" means the executive director of the board;
L. "disease" means a communicable, infectious or contagious disease;
M. "district" means a livestock inspection district;
N. "estray" means livestock found running at large upon public or private lands, either fenced or unfenced, whose owner is unknown, or that is branded with a brand that is not on record in the office of the board or is a freshly branded or marked offspring not with its branded or marked mother, unless other proof of ownership is produced;
O. "inspector" means a livestock or brand inspector;
P. "livestock inspector" means a certified inspector who is granted full law enforcement powers for enforcement of The Livestock Code and other criminal laws relating to livestock;
Q. "mark" means an ear tag or ownership mark that is not a brand;
R. "meat" means the edible flesh of poultry, birds or animals sold for human consumption and includes livestock, poultry and livestock and poultry products;
S. "mule" means a hybrid resulting from the cross of a horse and an ass; and
T. "person" means an individual, firm, partnership, association, corporation or similar legal entity."
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