February 22, 1999

Mr. Speaker:

Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE BILL 302

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 13, line 22, after "77-9-38" insert "or 77-10-4".

2. On page 49, line 9, strike "or" and after "cattle" insert "or bison".

3. On page 50, between lines 21 and 22, insert the following new subsection:

"E. This section does not apply to bison.".

4. Reletter the succeeding subsection accordingly.

5. On page 86, line 23, after "shall" strike the remainder of the line and strike line 24 through "of" and insert in lieu thereof "fence".

6. On page 86, line 24, after "lands" strike the remainder of the line, strike line 25 and on page 87, strike lines 1 through 3 up to the period.

7. On pages 100 through 102, strike Section 102 in its entirety and insert in lieu thereof:

"Section 102. Section 77-18-2 NMSA 1978 (being Laws 1987, Chapter 151, Section 1) is amended to read:

"77-18-2. SEIZURE AND DISPOSITION OF CRUELLY TREATED LIVESTOCK.--

A. If a livestock inspector or other peace officer has reason to believe that livestock are being cruelly treated [by depriving them of necessary sustenance], he may apply to a magistrate court in the county where the livestock are located for a warrant to seize the allegedly cruelly treated livestock.

B. On a showing of probable cause to believe that the livestock are being cruelly treated [by depriving them of necessary sustenance], the magistrate court shall issue a warrant and set [a time within ten days of the seizure for a hearing to determine whether the livestock are being so cruelly treated] the matter for hearing as expeditiously as possible within thirty days unless good cause for a later time is demonstrated by the state. Seizure as authorized by this section shall be restricted to only those livestock allegedly being cruelly treated. The board by rule shall establish procedures for preserving evidence of alleged cruel treatment of livestock.

C. The magistrate executing the warrant shall notify the [New Mexico livestock] board, have the livestock impounded and give written notice to the owner of the livestock of the time and place of the magistrate court hearing.

D. After all interested parties have been given an opportunity to present evidence at the hearing and if the court finds that the owner [is guilty of cruelly treating the livestock by depriving them of necessary sustenance] has cruelly treated the livestock, the court shall order [a public] the sale of the livestock [to be held at the next scheduled sale or] at fair market value or order humane destruction. If the livestock is ordered sold, the sale shall occur within ten days [and the court shall have the livestock delivered to a licensed sales ring for public auction] of the order. If the court does not find that the owner has so cruelly treated the livestock, the court shall order the livestock returned to the owner.

[C.] E. If the magistrate court orders [a public] the sale of the livestock, [by auction, notice of the auction shall be posted on a public bulletin board where other public notices are posted for the city, town or county] the board shall take proper action to ensure the livestock is sold at fair market value, including acceptance of reasonable bids or sale at auction. A bid by the owner of the livestock or his representative shall not be accepted [at the auction].

[D.] F. Proceeds from the sale of the livestock shall be forwarded to the magistrate ordering the sale. From these proceeds, the magistrate shall pay all expenses incurred in caring for the livestock while it was impounded and any expenses involved in its sale. Any excess proceeds of the sale shall be forwarded to the former owner [convicted of so cruelly treating the livestock.

E. As used in this section, "livestock" means domestic animals such as cattle, horses, sheep, hogs and goats and includes burros]. If the expenses incurred in caring for and selling the livestock are more than the amount received from the sale, the magistrate court shall order the former owner to pay the additional cost."".

Respectfully submitted,

R. David Pederson, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 10 For 0 Against

Yes: 10

Excused: Luna, Thompson

Absent: None

.127949.1

G:\BILLTEXT\AMEND_99\h0302jc1