44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO LIVESTOCK; AMENDING, REPEALING, ENACTING AND RECOMPILING SECTIONS OF THE LIVESTOCK CODE TO MODERNIZE STATUTES RELATING TO LIVESTOCK AND THE LIVESTOCK INDUSTRY; ELIMINATING AND PRESCRIBING POWERS AND DUTIES OF THE NEW MEXICO LIVESTOCK BOARD, INSPECTORS, LIVESTOCK OWNERS AND OTHERS DEALING WITH LIVESTOCK; CHANGING AND CHARGING FEES; STANDARDIZING ASSESSMENTS; EXTENDING THE SUNSET PROVISION; STANDARDIZING PENALTIES; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 77-2-1 NMSA 1978 (being Laws 1967, Chapter 213, Section 1, as amended) is amended to read:

"77-2-1. SHORT TITLE--PURPOSE.--Chapter 77, Articles 2 through 18 NMSA 1978 may be cited as "The Livestock Code". The Livestock Code shall be liberally construed to carry out its purposes, which are to promote greater economy, service and efficiency in the administration of the laws relating to the livestock industry of New Mexico, to control disease, to prevent the theft or illegal movement of livestock and to oversee the New Mexico meat inspection program."

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 [unless the context clearly indicates otherwise]:

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 [all] horses, [and] asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae upon any land in New Mexico; provided that for the purposes of Chapter 77, Article 9 NMSA 1978, "animals" or "livestock" have the meaning defined in that article. "Animals" or "livestock" does not include canine or feline animals. For the purpose of the rules [and regulations] governing meat inspection, wild animals, poultry and birds used for human consumption shall also be included within the meaning of "livestock" or "animal";

B. "bill of sale" means an instrument in substantially the form specified in The Livestock Code by which the owner or his authorized agent transfers to the buyer the title to animals described therein;

C. "bison" or "buffalo" means a bovine animal of the species bison;

[C.] D. "board" means the New Mexico livestock board;

[D.] 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 [but not limited to] certificate of deposit, letter of credit or other surety as may be approved by the United States department of agriculture, packers and stockyards administration or the board;

[E.] F. "brand" means a [mark, notch] 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 animals or livestock; [No animal shall be branded at any location more than once such that no subsequent brand shall be placed upon an existing brand, thus altering the prior placed brand;

F. "bureau" means the United States department of agriculture animal and plant health inspection service or its successor agencies;]

G. "brand inspector" means an inspector who is not certified as a peace officer;

[G.] H. "carcasses" means dead or dressed bodies of livestock or parts thereof; [not less than one-quarter of a carcass;

H.] I. "cattle" means animals of the genus Bos [only], including dairy cattle, and does not include any other kind of [domestic animals;

I. "commissioned livestock inspector" means a livestock inspector certified and granted full law enforcement powers for enforcement of The Livestock Code] 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;

[K.] L. "disease" means [any] a communicable, infectious or contagious disease;

M. "district" means a livestock inspection district;

[L.] N. "estray" means [any] 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;

[M.] Q. "mark" [refers to a sheep] means an ear tag or ownership mark that is not a brand;

[N.] R. "meat" means the edible flesh of poultry, birds or animals sold for human consumption and includes livestock, poultry and livestock and poultry products;

[O. "noncommissioned brand inspector" means a brand inspector not certified as a peace officer; and]

S. "mule" means a hybrid resulting from the cross of a horse and an ass; and

[P.] T. "person" [includes] means an individual, firm, partnership, association, [or] corporation or similar legal entity."

Section 3. Section 77-2-7 NMSA 1978 (being Laws 1967, Chapter 213, Section 6, as amended) is amended to read:

"77-2-7. ADDITIONAL POWERS OF THE BOARD.--[A.] In addition to the powers transferred from the cattle and sheep sanitary boards, the board [has the following powers to] may:

[(1)] A. exercise general regulatory supervision over the livestock industry of this state in order to protect the industry from theft and [contagious or infectious] diseases and in order to protect the public from diseased or unwholesome meat or meat products;

[(2)] B. appoint and fix the salary of an executive director who shall file an oath and be bonded in an amount fixed by the board. The [executive] director shall manage the affairs of the board under the direction of the board. He shall be chosen solely on qualifications and fitness for the office. He shall devote his entire time to the duties of the office;

[(3)] C. employ clerical help, provide office space and purchase equipment, including vehicles;

[(4)] D. employ [commissioned] livestock inspectors and [noncommissioned] brand inspectors and other personnel necessary to carry out the purposes of The Livestock Code. All [commissioned] livestock inspectors appointed by the board shall have the same powers as any other peace officer in the enforcement of [The Livestock] that code;

[(5)] E. appoint a state veterinarian and subordinate veterinarians as are necessary to carry out the duties of the board; [All veterinarians employed by the board shall be licensed by the board of veterinary examiners;

(6) make and publish] F. adopt and promulgate rules [and regulations] to control the importation and exportation of animals [into this state];

G. establish livestock inspection districts;

[(7)] H. establish quarantine, provide its boundaries and give notice of the quarantine and [to] do all other things necessary to effect the object of the quarantine and to protect the livestock industry of this state from [contagious or infectious] disease and prevent the spread of disease;

[(8) make and publish] I. adopt and promulgate rules [and regulations] for meat inspection, including the slaughter and disposition of the carcasses of [animals] livestock affected with [contagious or infectious] diseases when the action appears necessary to prevent the spread of any contagion or infection among livestock;

[(9) make and publish] J. adopt and promulgate rules [and regulations] governing the importation, manufacture, sale, distribution or use within the state of serums, vaccine and other biologicals intended for diagnostic or therapeutic uses with [animals] livestock and [to] regulate the importation, manufacture or use of virulent blood or living virus of any diseases affecting [animals] livestock;

[(10)] K. set fees or charges, not to exceed [twenty dollars ($20.00)] one hundred dollars ($100) per call, for any services rendered by the board or its employees [which] that are deemed necessary by the board and for which no fee has been set by statute;

[(11)] L. consider the views of the livestock industry in the administration of The Livestock Code; [and

(12) make and publish] M. adopt and promulgate rules [and regulations] to otherwise carry out the purposes of The Livestock Code; and

[B. The board may] N. hold hearings and subpoena witnesses for the purpose of investigating or enforcing The

Livestock Code or rules established [thereunder] pursuant to that code."

Section 4. Section 77-2-8 NMSA 1978 (being Laws 1969, Chapter 177, Section 1) is amended to read:

"77-2-8. RESEARCH AND PROMOTION OF MEAT AND MEAT PRODUCTS.--The [New Mexico livestock] board may enter into contracts for research into and promotion of meat and meat products. The contracts shall carry provisions for financing, and the board may accept and expend voluntary contributions from any source to finance the contracts. [Every contract for research or promotion shall contain provisions for financing the cost of the work and must be approved by the state board of finance.] The provisions of this section shall not apply to or include cattle coming out of feed lots."

Section 5. Section 77-2-13 NMSA 1978 (being Laws 1891, Chapter 34, Section 9, as amended) is amended to read:

"77-2-13. RECORDS--CERTIFIED COPY EVIDENCE.--The records required to be kept by the [executive] director [of the New Mexico livestock board], including inspector reports, shall be maintained by the board in a readily available manner, and a certified copy of any such records under the hand and seal of the [executive] director [of the board] or the verified oath of an inspector shall be prima facie evidence in all courts of this state of the truth of any fact required to be recorded therein."

Section 6. Section 77-2-14 NMSA 1978 (being Laws 1937, Chapter 205, Section 1, as amended) is amended to read:

"77-2-14. ATTORNEY--DUTIES [SPECIAL TAX].--The [New Mexico livestock] board [has authority to] may employ a competent attorney to give advice and counsel in regard to any matter connected with the duties of the board, to represent the board in any legal proceedings and to aid in the enforcement of the laws in relation to livestock [and to]. The board shall fix the compensation to be paid to such attorney. [For the purpose of providing funds therefor and for the employment of additional inspectors and other necessary expenses incurred by the board, a special tax shall be levied upon all cattle, horses, mules and asses in every county of this state in the manner and according to the provisions of Section 77-2-15 NMSA 1978, which levy shall be within the limit provided for in that section.]"

Section 7. Section 77-2-15 NMSA 1978 (being Laws 1937, Chapter 205, Section 2, as amended) is amended to read:

"77-2-15. SPECIAL TAXES--LEVY--[INDEMNITY FUNDS--] COLLECTION.--

A. Each year [it is the duty of] the board of county commissioners of each county shall at its first meeting after the return of the assessment of the property for taxation by the county assessors of each county, [to] levy a special tax at a rate to be fixed each year by the New Mexico livestock board. Subject to the provisions of Section 7-37-7.1 NMSA 1978, the New Mexico livestock board shall, in each year, order the levy of a tax [in a sum and manner as set forth herein: (1) for beef cattle, horses, mules, asses and buffalo, a sum] on livestock at a rate not to exceed ten dollars ($10.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code,

[(2) for dairy cattle, a sum at a rate to be fixed each year by the board not to exceed ten dollars ($10.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code, of all dairy-breed cattle in the county; and

(3) for sheep and goats, a sum at a rate not to exceed twenty dollars ($20.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code] of the livestock. The New Mexico livestock board may set different rates for individual classes of livestock.

B. The order imposing the levy of the tax shall be made on or before June 30 in each year and shall be certified to the department of finance and administration by the [executive] director. The department of finance and administration shall certify the amount of the levy to the board of county commissioners of each county, and [such] the board of county commissioners shall include the levy in [their] its annual levy of taxes. The special tax shall be collected in each county and paid to the state treasurer in the manner provided by law for the collection and payment of other state taxes. Such funds shall be remitted to the New Mexico livestock board for deposit in the interim receipts and disbursements fund."

Section 8. Section 77-2-22 NMSA 1978 (being Laws 1933, Chapter 53, Section 2, as amended) is amended to read:

"77-2-22. PENALTY FOR VIOLATING RULE [OR REGULATION].--Any person [firm or corporation violating any] who violates a rule [or regulation] adopted under the power granted to the [New Mexico livestock] board unless the penalty [thereof] has been [heretofore] fixed by law [or may hereafter be fixed by law shall upon conviction be] is guilty of a [petty] misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 9. Section 77-2-28 NMSA 1978 (being Laws 1981, Chapter 5, Section 1, as amended) is amended to read:

"77-2-28. TERMINATION OF BOARD LIFE--DELAYED REPEAL.--The New Mexico livestock board is terminated July 1, [1999] 2009 unless continued by the legislature pursuant to the Sunset Act. The board shall continue to operate according to all of the provisions of Chapter 77, Article 2 NMSA 1978 until July 1, [2000] 2010 for the purpose of winding up its affairs. Effective July 1, [2000] 2010, Chapter 77, Article 2 NMSA 1978 is repealed."

Section 10. Section 77-2-29 NMSA 1978 (being Laws 1981, Chapter 357, Section 2, as amended) is amended to read:

"77-2-29. FEES.--The following fees shall be fixed by the board for services rendered pursuant to the provisions of [Chapter 77 NMSA 1978] The Livestock Code:

A. an inspection or permit fee not to exceed sixteen cents ($.16) per head to be charged for the importation or exportation of sheep and goats pursuant to Section 77-8-3 NMSA 1978 and a service charge in an amount not to exceed ten dollars ($10.00) for each inspection request; provided that the board shall not increase the fee more than four cents ($.04) in any one fiscal year; [starting at the fee of eight cents ($.08);

B. an inspection fee not to exceed sixteen cents ($.16) per head to be charged for the exportation of sheep pursuant to Section 77-8-7 NMSA 1978; provided that the board shall not increase the fee more than four cents ($.04) in one any fiscal year starting at the fee of eight cents ($.08);

C.] B. a fee for recording a transfer of a brand pursuant to Section 77-9-7 NMSA 1978, as recompiled, in an amount not to exceed fifty dollars ($50.00);

[D.] C. a fee for recording a brand [for horses, mules, asses, cattle or sheep] or researching a brand pursuant to Section 77-9-10 NMSA 1978, as recompiled, in an amount not to exceed fifty dollars ($50.00);

[E.] D. a fee for additional copies of certified copies of brands pursuant to Section 77-9-10 NMSA 1978, as recompiled, in an amount not to exceed five dollars ($5.00) per copy;

[F.] E. a fee for the recording of a holding brand pursuant to Section 77-9-16 NMSA 1978, as recompiled, in an amount not to exceed one hundred dollars ($100), which recording shall be valid for one year from the date of recording, and an additional fee in an amount not to exceed one hundred dollars ($100) for each annual renewal [thereafter;

G.] F. a fee for the rerecording of brands pursuant to Section 77-9-20 NMSA 1978, as recompiled, in an amount not to exceed fifty dollars ($50.00);

[H.] G. a fee for the inspection of [cattle, horses, mules and asses] livestock pursuant to Section 77-9-38 NMSA 1978 in an amount not to exceed fifty cents ($.50) per head [with a minimum charge of two dollars ($2.00)] and a service charge in an amount not to exceed ten dollars ($10.00) for each inspection request; provided that the board may not increase the inspection fee more than ten cents ($.10) in any one fiscal year;

[I.] H. a fee for the inspection of hides pursuant to Section 77-9-54 NMSA 1978 in an amount not to exceed fifty cents ($.50) per hide [with a minimum charge of two dollars ($2.00)] and a service charge in an amount not to exceed ten dollars ($10.00) for each inspection request; provided that the board may not increase the inspection fee more than ten cents ($.10) in any one fiscal year;

[J. a payment in lieu of fees on the receipt of livestock at a sales ring pursuant to Section 77-10-4 NMSA 1978 in an amount not to exceed fifty cents ($.50) per head for cattle, horses, mules or asses and not to exceed sixteen cents ($.16) per head for sheep and goats; provided that the board may not increase any payment in lieu of fees more than ten cents ($.10) in any one fiscal year for cattle nor more than four cents ($.04) in any one fiscal year for sheep and goats;

K.] I. a fee for the handling of the proceeds of the sale of an estray pursuant to Section 77-13-6 NMSA 1978 in an amount not to exceed ten dollars ($10.00); [and

L.] J. a fee for the impoundment of trespass livestock [or buffalo] pursuant to Section 77-14-36 NMSA 1978 in an amount [set by the board] not to exceed twenty-five dollars ($25.00) per head per day and a reasonable charge for the moving of trespass livestock [or buffalo] pursuant to Section 77-14-36 NMSA 1978 to be set by the board;

K. a fee for the licensing of a livestock auction market pursuant to Section 77-10-2 NMSA 1978 in an amount not to exceed twenty-five dollars ($25.00);

L. a fee for issuing a transportation permit pursuant to Section 77-9-42 NMSA 1978 in an amount not to exceed fifty dollars ($50.00);

M. a fee for the licensing of a cattle or sheep rest station pursuant to Section 77-9A-2 NMSA 1978 in an amount not to exceed twenty-five dollars ($25.00); and

N. a fee for issuing a certificate of brand exemption pursuant to Section 77-8-22 or Section 77-9-3 NMSA 1978 in an amount not to exceed fifty dollars ($50.00)."

Section 11. Section 77-9-8 NMSA 1978 (being Laws 1895, Chapter 6, Section 4, as amended) is recompiled in Chapter 77, Article 2 NMSA 1978 and is amended to read:

"REGISTRATION OF BRANDS AND MARKS--[LIVESTOCK] BOARD.--Except as otherwise authorized by the board, the [livestock] board is the sole [board] authority for the registration of brands [and], marks or electronic identification on [horses, mules, asses, cattle and sheep] livestock in this state."

Section 12. Section 77-9-9 NMSA 1978 (being Laws 1895, Chapter 6, Section 5, as amended) is recompiled in Chapter 77, Article 2 NMSA 1978 and is amended to read:

"BRAND BOOKS.--[It is the duty of the New Mexico livestock] The board [to] shall keep a suitable record of all [the] registered brands, marks and electronic identification used for the [branding] identification of [horses, mules, asses and any cattle] livestock in this state."

Section 13. Section 77-9-10 NMSA 1978 (being Laws 1895, Chapter 6, Section 9, as amended) is recompiled in Chapter 77, Article 2 NMSA 1978 and is amended to read:

"RECORDING BEFORE USE--RECORDING FEE--CONFLICTING BRANDS.--

A. A brand [for horses, mules, asses, cattle or sheep] shall not be used until recorded. A facsimile of the brand and a recording fee [to be] fixed by the board [in a sum not to exceed the amount prescribed by law] shall be forwarded to the director [of the New Mexico livestock board]. One certified copy of the recorded brand shall be furnished to the owner of the brand by the director [of the New Mexico livestock board immediately upon] when the brand [being] is recorded.

B. The director [of the board] shall immediately record the brand unless it has been recorded previously or conflicts with a prior recorded brand. In that event, the director [of the board] shall return the facsimile unrecorded [together with the] and charge a fee for the research.

C. Additional certified copies of brands recorded may be obtained from the director [of the board] by the payment of a fee to be fixed by the board in a sum not to exceed the amount prescribed by law."

Section 14. Section 77-9-11 NMSA 1978 (being Laws 1905, Chapter 30, Section 1, as amended) is recompiled in Chapter 77, Article 2 NMSA 1978 and is amended to read:

"FEES--DISPOSITION.--The fees [to be paid to the director of the board] for recording or researching brands and for furnishing certified copies [thereof] of the recording or research shall [remain as fixed by law. The fees when received by the director shall] be placed to the credit of the New Mexico livestock board [general] interim receipts and disbursements fund."

Section 15. Section 77-9-13 NMSA 1978 (being Laws 1895, Chapter 6, Section 12, as amended) is recompiled in Chapter 77, Article 2 NMSA 1978 and is amended to read:

"BRAND BOOK.--[It is the duty of the executive] The director [of the New Mexico livestock board to] shall publish a brand book in which shall be given a facsimile or copy of all brands recorded in the office of the board, together with the owner's name and address. The board [is authorized to] may publish if it deems best to do so a limited number of brand books in addition to the number required by the provisions of this section and to sell them for such price as the board considers reasonable and proper. The price shall not be less than the actual cost [of the same. The board is authorized to revise from time to time the state record of brands by the cancellation of obsolete and unused brands and to provide by regulation for due notice of such revision]."

Section 16. Section 77-9-14 NMSA 1978 (being Laws 1895, Chapter 6, Section 13, as amended) is recompiled in Chapter 77, Article 2 NMSA 1978 and is amended to read:

"MORE THAN ONE BRAND UNLAWFUL--EXCEPTIONS--PENALTY.--

A. It is unlawful for [any] an owner of livestock in originally marking or branding [horses, mules, asses or any cattle] livestock to make use of or keep up more than one mark or brand; provided that [any] an owner may own and possess [animals] livestock in different marks or brands if they were acquired by him by purchase or other lawful manner and evidenced by a bill of sale [in writing, properly acknowledged] from the previous owner of the [animals] livestock having such brands or from the heirs, executors, administrators or legal representatives of the owner. [Such animals] Livestock so acquired shall be branded [and] or marked as provided in The Livestock Code by and with the recorded [kept-up or running] brand [and] or mark of the person acquiring the [animal within thirty days from the acquisition unless the present owner is given a written statement by the New Mexico livestock board or by the former owner granting permission and filed with the board for the present owner to use the recorded brand appearing on the livestock. In cases where animals having upon them a duly recorded brand may have had established against them a mortgage or other lien duly recorded in this state] livestock. It is lawful for the purpose of identification during the pendency of [the] a mortgage or lien to brand the increase of the [animals] branded livestock in the recorded brand designated in the mortgage or lien.

B. A brand shall not be altered by placing another brand on it or in the same location.

[B. Any] C. A person who unlawfully brands [any] livestock contrary to the provisions of [this article] The Livestock Code is guilty of a misdemeanor and [shall] upon conviction shall be punished [by confinement in the county jail not to exceed twelve months or fined an amount not to exceed five hundred dollars ($500), or both] in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense."

Section 17. Section 77-9-15 NMSA 1978 (being Laws 1895, Chapter 6, Section 14, as amended) is recompiled in Chapter 77, Article 2 NMSA 1978 and is amended to read:

"BRANDS OF MINORS.--Minors owning [horses, mules, asses or any cattle] livestock separate from that of the parent or guardian may have a mark [and] or brand, which shall be recorded in accordance with the requirement of [this article] The Livestock Code, but the parent or guardian shall be responsible for the proper use of the mark [and] or brand by any minor."

Section 18. Section 77-9-16 NMSA 1978 (being Laws 1912, Chapter 55, Section 2, as amended) is recompiled in Chapter 77, Article 2 NMSA 1978 and is amended to read:

"FILING OF FACSIMILE--DESIGNATION OF BRANDS--HOLDING BRAND RENEWAL AND FEE--BRANDING INCREASE--OFFENSES--PENALTY.--[It is the duty of every] An owner of [horses, mules, asses or any cattle] livestock desiring to use in branding [any] a brand not already [duly] recorded in the office of the [New Mexico livestock] board [to] shall file with the director [of the New Mexico livestock board] a facsimile of the desired brand. The owner [shall designate his kept-up or running brand and] may record [other] the desired brands as holding brands upon [animals] livestock so owned upon furnishing to the director a full description as to the number, class and locality of all [animals] livestock branded with the holding brand. A fee [in an amount prescribed by law] shall be charged for the recording of a holding brand, which recording shall be valid for a period of one year [after which time] or until the described livestock depart the state, whichever comes first. The recording may be renewed for additional years by the payment of a fee [in an amount prescribed by law] at each yearly renewal; provided that it is unlawful for [any] the owner to brand the increase of such [animals] livestock in any other brand than the recorded [kept-up or running] brand of the owner except in the case of mortgaged [animals] livestock as provided in Section 77-9-14 NMSA 1978, [any] as recompiled. A person who violates the provisions of this section is guilty of a misdemeanor and [shall] upon conviction shall be [confined in the county jail for a period not to exceed twelve months or fined an amount not to exceed five hundred dollars ($500), or both] sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense."

Section 19. Section 77-9-20 NMSA 1978 (being Laws 1923, Chapter 146, Section 1, as amended) is recompiled in Chapter 77, Article 2 NMSA 1978 and is amended to read:

"RE-RECORDING OF BRANDS--NOTICE--PUBLICATION--FEES.--

A. The board shall [have the power to and shall] cause all brands now on record to be re-recorded whenever [it] the board deems [it] necessary to clear records of unused brands. For this purpose, the board shall mail a notice, addressed to each owner of [any] a brand now of record with the board at the [post office] current address shown on the brand record, requiring the owners of brands to file with the director [of the board an exact facsimile of] any brand being on record to the owners. In addition to [the above] this notice, the board shall [cause to be published] publish in either English or Spanish or both in at least one newspaper in each county in this state where there is a newspaper a copy of [this] the notice to re-record. The publication shall continue for at least four consecutive weeks.

B. Within three months from the date of the first publication of the notice to re-record, [it is the duty of all] owners of brands of record in the office of the board [to] shall file with the director [of the board a facsimile of] the brands in actual use and recorded by them and pay the re-recording fee [for the re-recording of brands shall be fixed by the board in a sum not to exceed the amount prescribed by law for each brand re-recorded the fee to include one certified copy of the rerecording of the brand to be furnished the owner by the board with the proceeds to be used for the cost of notice given as provided in this section; provided that any excess of money from these]. The fees shall be [placed] deposited in the proper fund of the [New Mexico livestock] board. Re-recording shall not be required more often than once in [any] a three-year period."

Section 20. Section 77-3-1 NMSA 1978 (being Laws 1909, Chapter 9, Section 1, as amended) is amended to read:

"77-3-1. [CONTAGIOUS] DISEASES--INSPECTION--QUARANTINE.--

A. The [New Mexico livestock] board [is hereby authorized to] may use all proper means to prevent the spreading of dangerous and fatal diseases among [animals such as cattle, horses, sheep, hogs, mules and asses] livestock and for the extirpation of such diseases. [In the event of any contagious or infectious diseases breaking] If a disease breaks out in the state, it is the duty of all persons owning or having in their charge [animals] livestock infected [with the same] to immediately notify the board of the existence of such disease [and it shall be the duty of]. The board [to] shall cause proper examination to be made by a [licensed] veterinarian and, if the disease [shall be] is found to be a dangerously contagious or infectious malady, the board shall order the diseased [animals and such as] livestock that have been exposed [to the contagion] to be strictly quarantined and shall order any premises or farms where such disease exists or has recently existed to be put in quarantine so that no [domestic animal] livestock subject to the disease [be] is removed from or brought to the premises or places so quarantined. The [New Mexico livestock] board shall prescribe such [regulations] rules as [they may deem] it deems necessary to prevent the [contagion] disease from being communicated in any way from the premises so quarantined.

B. The [New Mexico livestock] board may expend funds to prevent, suppress, control or eradicate any disease or parasite of livestock [which] that the board has by [regulation] rule declared to be [an exotic pest] a disease or pest of significant economic impact to any segment of the livestock industry. This power shall include the right to purchase and destroy or sell infected or exposed livestock.

C. Whenever the [New Mexico livestock] board finds any livestock infested with [any exotic pest] a disease or pest declared by the board to be of significant economic impact, the board [is authorized to] may request the governor to declare an emergency as provided in Section 6-7-3 NMSA 1978."

Section 21. Section 77-3-2 NMSA 1978 (being Laws 1909, Chapter 9, Section 2, as amended) is amended to read:

"77-3-2. REPORT OF DISEASED [ANIMALS] LIVESTOCK--OFFENSES--EXPENSE RECOVERY--DUTIES OF SHERIFFS--PENALTY.-- A. [Any] A person [firm, corporation, agent or employee having] who has in his possession or under his care any [animal which] livestock that he knows or has reason to believe is affected with a [dangerously contagious or infectious] disease [and does not] shall without unnecessary delay [make known to] tell the board or some member [thereof] of the board or [to] the sheriff of the county in which the [animal] livestock is situate [to be by him communicated to the board, or any]. The sheriff shall immediately notify the director.

B. A person [corporation or employee or agent thereof who brings] shall not bring into this state or [sells or disposes] sell or dispose of any [animals] livestock known to be affected or [any animal having been] exposed to [such contagion] disease or [moves any animal so] move diseased or exposed livestock from quarantine or [moves] move any [animal] livestock to or from [any districts] a district in the state declared to be infected with [such contagious] a disease or [brings] bring into this state any [animal of the kind] diseased livestock from a district outside the state that may at any time be legally declared to be affected with such disease without the consent of the board [shall].

C. A person who violates a provision of Subsection A or B of this section is guilty of a misdemeanor and upon conviction [be fined in a sum not less than fifty dollars ($50.00) and not exceeding five hundred dollars ($500)] shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head illegally moved.

D. Any guard or other proper expenses incurred in the quarantining of the [animals under the provisions of Sections 77-3-1 through 77-3-4, 77-3-9 and 77-3-10 NMSA 1978] livestock shall be paid by the owner, and if the same is refused, after demand made by order of the board, an action may be brought to recover the same with costs of suit, which action may be brought in the name of the state for the use of the board. It is the duty of all sheriffs to execute all lawful orders of the board."

Section 22. Section 77-3-5 NMSA 1978 (being Laws 1917, Chapter 30, Section 1, as amended) is amended to read:

"77-3-5. INFECTED PASTURES AND BUILDINGS--NOTICES.--

A. If a pasture, building, corral, [or any] yard or enclosure where [cattle or sheep] livestock have been or may be pastured or confined is infected with or has become dangerous on account of [any infectious] a disease or poisonous weed or plant, the board may post danger or quarantine notices in not less than two conspicuous places in or upon such pasture, building, corral, [or other] yard or enclosure sufficient to warn all owners and others in charge of [sheep or cattle of the nature of such infection, disease or poisonous weed or plant and] livestock of the danger or quarantine. When the danger has passed or the quarantine is lifted, the board shall require the posted notices to be removed.

B. Except as authorized by the director, a person who removes a posted notice of danger or quarantine is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA."

Section 23. Section 77-3-8 NMSA 1978 (being Laws 1909, Chapter 9, Section 8, as amended) is amended to read:

"77-3-8. DESTRUCTION OF DISEASED [ANIMALS] LIVESTOCK--PAYMENT TO THE OWNER--APPRAISAL.--In cases where the board deems it necessary to destroy any diseased, infected or exposed [animals] livestock in order to prevent the spread of dangerous and fatal [disease] diseases such as glanders, farcy, tuberculosis, pleuro-pneumonia, rinderpest, foot and mouth disease or any other dangerous and fatal disease, foreign or other, which according to the rules, regulations and standards adopted by the United States department of agriculture animal and plant health inspection service cannot be extirpated by [dipping or] means other than the destroying of the diseased, [or] infected [animals] or exposed livestock, the board [is authorized to] may have [such animals] the livestock killed and burned or buried under such rules [and regulations] as the board may prescribe. The board shall [pay, in cooperation] cooperate with the United States department of agriculture in paying to the owners of [such] the slaughtered [animals] livestock the allowed indemnity determined by the United States department of agriculture animal and plant health inspection service and the board."

Section 24. Section 77-3-9 NMSA 1978 (being Laws 1909, Chapter 9, Section 4, as amended) is amended to read:

"77-3-9. ACCEPTANCE OF FEDERAL RULES AND REGULATIONS--COOPERATION.--The board [is authorized to] may accept on behalf of the state the rules and regulations prepared by the secretary of the United States department of agriculture [under and in pursuance of Section 3 of an act of congress, approved May 29, 1884, which stated "An act for the establishment of a bureau of animal industry for the extirpation of diseased cattle and to provide means for the suppression and extirpation of pleuro-pneumonia and other contagious diseases among domestic animals"] relating to the control of diseases of livestock and to cooperate with the authorities of the United States in the enforcement of the provisions of [such act and] all [other] acts and regulations relating to diseased livestock."

Section 25. Section 77-3-10 NMSA 1978 (being Laws 1909, Chapter 9, Section 5, as amended) is amended to read:

"77-3-10. FEDERAL OFFICERS--POWERS.--The representatives of the United States department of agriculture animal and plant health inspection service under the specific authorization of the board [shall have the right of inspection, quarantine and condemnation of animals] may inspect, quarantine and condemn livestock affected with [any contagious, infectious or communicable] a disease or suspected of being affected with a disease or that have been exposed to [any such] a disease and for these purposes [are authorized and empowered to] may enter any grounds or premises in the state. [They have power to] The representatives may call upon [any] peace officers to assist them in the discharge of their duties as specified by the board in carrying out [the provisions of the act of congress] federal laws and regulations as provided in Section 77-3-9 NMSA 1978 [and it is the duty of]. The peace officers [to] shall assist [them] the representatives when so requested [The inspectors of the board shall have the same powers and protection as peace officers while engaged in the discharge of their duties] and authorized by the board."

Section 26. Section 77-3-11 NMSA 1978 (being Laws 1949, Chapter 48, Section 1, as amended) is amended to read:

"77-3-11. MARKING OR BRANDING OF CATTLE AND BISON FOUND INFECTED WITH TUBERCULOSIS OR BANG'S DISEASE.--Whenever [any] cattle or bison within this state are tested for tuberculosis or Bang's disease by the board or its agents or employees or by [any] an authorized agent or employee of the United States department of agriculture animal and plant health inspection service, if [any] an animal so tested is found to have a positive reaction to such tests, [the animals] it shall be permanently marked or branded according to the requirements of the board by the owner or his agent. The type of mark or brand to be used shall be designated by the board, and [animals] an animal shall be marked or branded [by the owner] immediately upon instructions from the board."

Section 27. Section 77-3-12 NMSA 1978 (being Laws 1949, Chapter 48, Section 2, as amended) is amended to read:

"77-3-12. PENALTY.--[Any] A person [firm, company or corporation violating the provisions of] who fails to identify his animals as required by Section 77-3-11 NMSA 1978 is guilty of a misdemeanor [and upon conviction thereof shall be fined in an amount not less than fifty dollars ($50) nor more than two hundred dollars ($200)] for each [animal] head in violation and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 28. Section 77-3-13 NMSA 1978 (being Laws 1889, Chapter 106, Section 8, as amended) is amended to read:

"77-3-13. DANGEROUS EPIDEMICS--[PROCLAMATION] EMERGENCY RULES--IMPORTS PROHIBITED--PENALTY.--[Whenever it comes to the knowledge of]

A. When the board or any of its authorized representatives finds that [any contagious or infectious] a disease, the nature of which is known to be fatal or highly injurious to livestock, pigeons or [fowls] fowl of any kind, has become epidemic or exists in [any] a locality in [any] a country, state or territory beyond the limits of this state [it shall immediately communicate the fact to the governor in writing, and thereupon or when the governor shall otherwise have good reason to believe that any such disease so exists or has become epidemic], the [governor] board shall immediately [issue and publish by a general proclamation such] adopt and promulgate emergency rules [and regulations as the board may adopt and thereby] to prohibit the importation into this state of any animals, including livestock, subject to the disease [which] that may be so reported [except under].

B. The board shall specify such restrictions and safeguards as [the board] it deems proper and shall specify for the protection of [such animals] livestock in this state and may also prohibit the importation into this state of any hoofs, hides, skins or meat of any [livestock] animals or any hay, straw fodder, cottonseed or other products or material calculated to carry the infection of such disease.

C. Emergency rules may be adopted and promulgated without the notice and hearing required of other rules and shall take effect immediately. If the board contemplates that an emergency rule will be in effect for longer than ninety days, it shall give notice and hold a hearing to adopt the emergency rule as a rule.

D. Any person [company or corporation who after the publication of the proclamation receives in charge of any of the animals or any of the products previously provided for in this section, the importation of which into this state has been so prohibited, or shall drive, transport or in any manner convey the animals or products to and within the limits of this state or shall knowingly cause or procure the animals or products to be driven, transported or conveyed into this state in violation of the proclamation by driving, conveying or transporting or aiding therein or causing or procuring to be driven, conveyed or transported into this state any of the animals or any of the products, the importation of which is by the proclamation declared to be unlawful] who violates any provision of this section or an emergency rule issued in accordance with this section is guilty of a misdemeanor and upon conviction shall be [fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000)] sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each [offense] head and is also liable in a civil action for any [and all] damages and loss sustained by reason of such importation of the [animals] livestock or of any of the products provided for in this section."

Section 29. Section 77-3-14 NMSA 1978 (being Laws 1889, Chapter 106, Section 9, as amended) is amended to read:

"77-3-14. HEALTH CERTIFICATE--INSPECTION--PERMIT--PENALTY.--

A. After the issuance [and publication of such proclamation by the governor] of an emergency rule pursuant to the provisions of Section 77-3-13 NMSA 1978 and while the [proclamation] emergency rule continues in force [or while the prohibition against the importation of livestock from any other state or country is in force], it is unlawful for [any] a person [company or corporation] to drive or transport or cause [to procure] to be driven or transported into this state any livestock that by any direct or circuitous route might have come from any place or district covered by [such prohibitions] the emergency rule without first having obtained a certificate of health from a veterinarian or a permit in writing from the board under such rules [and regulations] as the board prescribes [and publishes for the information of the public. Any].

B. A person failing to comply with this provision [after due notice] is guilty of a misdemeanor and upon conviction shall be [fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000)] sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 and is also personally liable for all loss and damages sustained by any persons by reason of the introduction of [any contagious or infectious] a disease from the livestock [so] unlawfully imported into this state.

C. During the time covered by the [proclamation] emergency rule, all livestock desiring to enter the state [must] shall submit to an inspection and [they] shall not be permitted to enter the state until a written or printed permit is issued by the board. [Any person] A livestock inspector or other agent of the board may require the person in charge of the livestock to produce the permit for his inspection, and any person refusing to produce the permit at any time within a year from the time the livestock were driven in is guilty of [the violation of this law and is subject to all the penalties provided by this section] a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 30. Section 77-3-14.1 NMSA 1978 (being Laws 1993, Chapter 248, Section 28) is amended to read:

"77-3-14.1. AGID TESTS REQUIRED.--The board shall adopt [regulations] rules prohibiting the driving or transporting into this state of any horses or other equidae that have not tested negative to the AGID, or Coggins, test or a United States department of agriculture-approved equivalent test for equine infectious anemia within twelve months prior to the date of entry, the evidence of which test result shall be shown on a health certificate; excepting from regulation only those foals accompanied in shipment by a negative-tested dam, those horses or other equidae consigned directly to slaughter [or cattle or sheep]."

Section 31. Section 77-4-1 NMSA 1978 (being Laws 1905, Chapter 31, Section 1, as amended) is amended to read:

"77-4-1. [INFECTIOUS] DISEASE ERADICATION--[REGULATIONS] RULES.--The board [has the power and it is its duty to] shall

determine the existence of and employ the most efficient and practical means to prevent, suppress, control and eradicate the disease known as mange or scabies or any [contagious or infectious] other disease among livestock and to direct and regulate the handling [dipping] or treating of any livestock when infected or [which] that it may have good reason to believe [to have] has been exposed to any of the diseases; to make and adopt quarantine and sanitary [regulations, provided that all such regulations shall] rules that, so far as practicable, conform to the regulations of the United States department of agriculture as they may be from time to time promulgated; and to create and define districts within which such disease exists [provided further, that]. In determining the districts within this state in which such disease from time to time exists, the board shall cooperate with the United States department of agriculture. [A majority of the board shall constitute a quorum and the board may exercise any of the powers conferred upon it by Sections 77-4-1 through 77-4-8 NMSA 1978 inclusive through committees of its own members specially empowered by resolution.] The costs of treatment of livestock pursuant to this section are the responsibility of the owner of the livestock."

Section 32. Section 77-4-8 NMSA 1978 (being Laws 1905, Chapter 31, Section 8, as amended) is amended to read:

"77-4-8. OFFENSES--PENALTY.--[Any owner, or person having control of any of said livestock, or any other person whether an officer or employee of said board or a private] A person who [shall wilfully violate] willfully violates any provisions of Sections [98 to 105] 77-4-1 through 77-4-8 NMSA 1978 or [regulations or orders lawfully made] rules promulgated in conformity [therewith] with those sections or who [shall] in any manner [hinder or obstruct] hinders, obstructs or resists the execution of [any such regulation or order or hinder, resist or obstruct any] a rule or hinders, obstructs or resists an officer or employee of [said] the board [or the state veterinarian or any inspector] in the discharge of his duty or in the exercise of his lawful powers or who [shall wilfully] willfully or negligently [break] breaks any quarantine or [wilfully] willfully or negligently [suffer] suffers any quarantined [animal or animals] livestock to escape from any quarantine [shall be deemed] is guilty of a misdemeanor and upon conviction shall be [fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or imprisoned for not less than thirty (30) days nor more than six (6) months or both] sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 33. Section 77-5-1 NMSA 1978 (being Laws 1929, Chapter 159, Section 1, as amended) is amended to read:

"77-5-1. TUBERCULOSIS--EXAMINATIONS.--The board [has power to] may make tests and examinations for the purpose of ascertaining whether [or not] any domestic [animals] livestock in the state are affected with tuberculosis. [Such] The tests or examinations shall be made by veterinarians of the board, inspectors of the United States department of agriculture animal and plant health inspection service or other veterinarians authorized by the board to perform [such] the tests and examinations."

Section 34. Section 77-5-2 NMSA 1978 (being Laws 1929, Chapter 159, Section 2, as amended) is amended to read:

"77-5-2. INFECTED LIVESTOCK--DESTRUCTION.--If, upon making any tests or examinations as provided for in [this] Chapter 77, Article 5 NMSA 1978, it [should appear] appears that any [cattle, hogs or poultry] livestock are [affected] infected with tuberculosis and that the public interest would be best served through the destruction of [such animals, it is the duty of] the livestock, the board [to] shall cause the destruction [thereof] of the livestock in a manner deemed most expedient."

Section 35. Section 77-5-5 NMSA 1978 (being Laws 1929, Chapter 159, Section 5) is amended to read:

"77-5-5. OFFENSES--PENALTY.--[Any] A person [or corporation], whether acting as a common carrier or otherwise, who [shall bring] brings into [the state of] New Mexico any dairy cattle of the kind described in Section [4, hereof] 77-5-4 NMSA 1978 in violation of the provisions of [this act] Chapter 77, Article 5 NMSA 1978 or of any of the rules [and regulations adopted] promulgated by the [New Mexico Cattle Sanitary] board for the enforcement of [this Act, shall be deemed] that article is guilty of a misdemeanor and [shall] upon conviction [be punished by a fine of not less than ($25.00) nor more than $100.00 or by imprisonment in the county jail for not less than thirty days nor more than six months] shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 36. Section 77-8-2 NMSA 1978 (being Laws 1951, Chapter 188, Section 11) is amended to read:

"77-8-2. QUARANTINE--[DIPPING] TREATMENT.--Sheep or goats afflicted with or exposed to [scabies or other infectious or contagious] a disease shall be immediately placed under quarantine under the supervision of a veterinarian or inspector in conformity with the rules [and regulations] of the board. [Said] The sheep or goats shall not be moved from the quarantine area except [to dipping vats] under the supervision of a veterinarian or inspector until a veterinarian [or inspector] declares them to be free of [said] disease or until the board otherwise grants permission for the moving of the sheep or goats. The sheep or goats shall be [dipped or] treated under the direction of a veterinarian or inspector at once and thereafter as often as necessary until they are declared free of the disease by a veterinarian or inspector. [Provided, however, that no sheep shall be required to be dipped during such inclement weather as would endanger their health or lives except at the request of the owner.]"

Section 37. Section 77-8-3 NMSA 1978 (being Laws 1951, Chapter 188, Section 12, as amended) is amended to read:

"77-8-3. IMPORTATION--NOTICE--INSPECTION--FEES.--

A. [Any] A person intending to bring [any] sheep or goats into the state from [any other] another country or state shall give notice of his intention to the director [of the board] by [telegraph] certified letter or delivery in person or by telephone to the director or other authorized official of the board so that the notice is received prior to the proposed day of entry. The notice shall state the number of head, the date and place the sheep or goats will be loaded and their destination. The director shall then issue a permit for entry of the sheep or goats into the state, stating in the permit the applicable board [regulations] rules to be complied with before or after entry into the state.

B. The shipment shall be accompanied by a health certificate issued by a federal or [authorized] state inspector or authorized veterinarian that the sheep or goats are healthy and free from [scabies or other contagious or infectious] disease. On arrival, the owner or person in charge of the sheep or goats shall not commingle the imported sheep or goats or release them to pasture until the inspector [shall examine] examines the sheep or goats as to their sanitary condition and [inspect and make] inspects and makes a record of all the marks and brands on the sheep or goats, which record shall be forwarded to the board office and used for future reference. [He] The inspector shall [then] issue the [shipper or] owner or person in charge of the sheep or goats a copy of the brand inspection certificate if the inspector is satisfied all requirements have been met.

C. [A] An inspection fee to be fixed by the board shall be charged and paid by the owner or person in charge of the sheep or goats to the board and received by the inspector for the inspection and certificates. If the inspector [finds] suspects that the sheep or goats are infected with [scabies or other contagious or infectious] a disease or finds that the owner or person in charge has not met the entry requirements, [he] the inspector shall require the owner or the person in charge [of them] to comply with the [quarantine dipping and treating] provisions of Section 77-8-2 NMSA 1978 or other applicable statutes and [regulations] rules. The provisions of this section shall not apply to sheep or goats loaded on transport vehicles [which] that are being transported from some country or state to another country or state through New Mexico if the sheep or goats are not to be unloaded in this state except in approved rest stations or other quarantine pens for the purpose of feeding and watering the sheep or goats for a period of time not to exceed twenty-four hours."

Section 38. Section 77-8-5 NMSA 1978 (being Laws 1951, Chapter 188, Section 14) is amended to read:

"77-8-5. INFECTED SHEEP OR GOATS--NOTICE TO BOARD.--[It shall be the duty of any] A person [owning or having] who owns or has under his control sheep [which have become] or goats that have been exposed to or infected with [scabies or any other contagious or infectious] a reportable disease [to] shall forthwith report such fact to the [secretary] director. A veterinarian [or inspector] shall be immediately dispatched to examine [said] the sheep or goats and, if found to be so exposed or infected, the veterinarian or inspector shall follow the quarantine [dipping] and treating provisions set forth in Section [11] 77-8-2 NMSA 1978."

Section 39. Section 77-8-7 NMSA 1978 (being Laws 1951, Chapter 188, Section 16, as amended) is amended to read:

"77-8-7. EXPORTATION--NOTICE--INSPECTION AND PERMIT FEES--PENALTY.--

A. [Any] A person intending to ship sheep [out] or goats beyond the limits of the district or the limits of the state shall give notice of his intention to the director [of the board] or to the inspector for his district by [telegraph] certified letter or by delivery in person or by telephone to the director or inspector so that the notice is received [at least forty-eight hours] in a reasonable time previous to the proposed date of shipment. The notice shall state the date and place that the sheep or goats will be loaded and destination of the sheep or goats. The board may require an inspector [shall examine] to inspect the sheep or goats as to their sanitary conditions [and inspect] and make a record of all the marks and brands upon the sheep [He] or goats or the board may provide by rule an alternate means of allowing the movement of sheep or goats. The inspector shall not allow sheep or goats bearing any of the marks declared by the law of this state to be unlawful to be shipped except under express authority of the board. [He] The inspector shall also require each person shipping sheep [out of the state] or goats to exhibit a bill of sale executed as provided by Section

77-8-15 NMSA 1978 or authority in writing to ship the sheep or goats from the recorded owner of all marks and brands upon the sheep or goats unless the person is himself the recorded owner of the marks and brands.

B. The inspector shall issue to the shipper a New Mexico livestock board form-1 certificate of inspection or other document or permit approved by the board if he is fully satisfied that the sheep or goats are free from [any contagious or infectious] disease and that the person shipping has rightful ownership of [said] the sheep or goats as evidenced by the brands or marks and bill of sale [as necessary and] or has complied with the board's alternative method as provided for in this section and all other applicable rules [and regulations] of the board. This certificate or permit shall authorize the shipping of the sheep and goats out of the state.

C. A fee to be fixed by the board in a sum not to exceed the amount prescribed by law shall be charged for the inspection and certificates, and the inspector shall refuse to issue the [above] certificates until he has been paid the fee. The board shall charge a fee not to exceed the amount prescribed by law for issuing the permits allowed in this section in lieu of inspection. The inspector shall make a report to the director after each inspection of any matters contained in this section [which] that may be required of him by the director.

D. A person who knowingly ships sheep or goats from one district to another district without an inspection certificate is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. A person who knowingly ships sheep or goats outside the state without an inspection certificate is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978."

Section 40. Section 77-8-14 NMSA 1978 (being Laws 1951, Chapter 188, Section 26) is amended to read:

"77-8-14. ALTERING MARKS [NOTICE--SUPERVISION] OR BRANDS.--No person shall alter the mark or brand on his or any other sheep or goats, [irrespective of whether such person desires to place his recorded mark on such sheep] without first having secured written permission from the [secretary or an inspector] the director and unless an inspector is present to supervise the alteration."

Section 41. Section 77-8-15 NMSA 1978 (being Laws 1951, Chapter 188, Section 27) is amended to read:

"77-8-15. BILLS OF SALE--EVIDENCE OF LARCENY.--[No]

A. A duly executed bill of sale is an instrument in writing by which the owner or his authorized agent transfers to the buyer the title to the sheep or goat described in the bill of sale and guarantees to defend the title against all lawful claims. It shall fully describe in detail the sheep or goat, and such description shall include marks, brands and all other identification. The bill of sale shall be executed the day of the transaction.

B. A purchase sheet properly executed by a licensed livestock auction market constitutes a valid bill of sale.

C. A registration certificate issued by a recognized pure-bred association, properly identifying the animal and properly acknowledged by the secretary of the association, may be used as proof of ownership.

D. An inspection certificate executed as a bill of sale and certified by inspector may be used as proof of ownership.

E. A person shall not sell [nor shall any person] or buy sheep or goats unless [the seller gives to the purchaser and the purchaser receives from the seller] a bill of sale [which fully describes the sheep by their marks, brands, number and class and is duly acknowledged before some officer authorized by law to take acknowledgments] is provided. The possession by [any] a person of sheep or goats having any mark or brand [but] not his recorded mark or brand unless he [have] has a bill of sale [therefor] or authority in writing to possess or sell such sheep or goats shall be taken as prima facie evidence that he committed larceny of [said] the sheep or goats and shall be sufficient for his conviction of larceny unless the evidence [shall show] shows his innocence."

Section 42. Section 77-8-16 NMSA 1978 (being Laws 1951, Chapter 188, Section 28) is amended to read:

"77-8-16. REPORT OF ESTRAY SHEEP OR GOATS--SALE.--[Any] A person finding estray sheep or goats shall immediately report them to an inspector or the [secretary] director and deliver them to an inspector upon [his or the secretary's] demand [therefor]. If the mark or brand on the sheep or goat is recorded in the board office, the [secretary] director shall notify the owner of record and make arrangements to deliver the sheep [of said] or goats to the owner of record if he is the actual owner. If the owner of record no longer owns the sheep or goats, the [secretary] director shall deliver them to [a] the subsequent purchaser who can prove ownership with a valid bill of sale. In either case [above], delivery shall be conditioned upon payment by the claimant of all costs incurred in keeping the sheep or goats and such other expenses as may have been necessarily incurred. If the owner cannot be ascertained after [deligent] diligent inquiry, the [secretary] director shall order an inspector to sell them to the person paying the highest cash price for them after giving [such] general or special notice or advertising as [he] the director deems necessary under the circumstances. The [moneys] money arising from the sale shall be used first to defray the costs and expenses in keeping and advertising the sheep or goats and those incurred in the sale. The residue, if any, shall be placed in the board fund; provided, however, that if at any time within [one (1) year] two years after the sale any person shall prove ownership of the sheep or goats at the time they

became lost, the residue shall be paid to him."

Section 43. Section 77-8-18 NMSA 1978 (being Laws 1951, Chapter 188, Section 30) is amended to read:

"77-8-18. PENALTIES.--[Any] A person who violates the provisions of [Sections 11, 12, 16, or 26 of this act] Section 77-8-2, 77-8-3, 77-8-14 or 77-8-22 NMSA 1978 or rules [and regulations made in pursuance thereof] adopted pursuant to any of those sections is guilty of a misdemeanor for each head and, upon [his] conviction [before any justice of the peace or district court in this state, shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) and in addition thereto may at the discretion of the court trying the case be imprisoned in jail for any period of time not to exceed six (6) months] shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 44. Section 77-8-20 NMSA 1978 (being Laws 1963, Chapter 129, Section 6) is amended to read:

"77-8-20. COMMUTING SHEEP OR GOATS--FEES.--

A. For the purpose of this section, "commuting sheep or goats" means sheep or goats that are transferred [(1)] from New Mexico to some other state with which New Mexico shares a common boundary and back again or [(2)] from some other state [which] that shares a common boundary with New Mexico, to New Mexico and back again:

[(3)] (1) during any twelve-month period;

[(4)] (2) by one owner; and

[(5)] (3) for the purpose of seasonal grazing, breeding, [or] lambing or kidding on lands owned or leased by that owner in the course of his normal operations in each of the two states.

B. Owners of commuting sheep or goats shall have them inspected for each movement [but] and shall pay the inspection fees for [transporting commuting] the sheep [only once in any twelve-month period. For the second movement in any twelve-month period, the owner shall pay the inspection fees on any sheep over the number involved in the first movement. If at any time the owner of commuting sheep transports them for any purpose other than their regular commuting, they shall at that time lose their special character of commuting sheep and be subject to the fees] or goats normally required by law."

Section 45. A new Section 77-8-22 NMSA 1978 is enacted to read:

"77-8-22. [NEW MATERIAL] NECESSITY OF BRANDING OR MARKING SHEEP AND GOATS.--

A. A person owning sheep or goats shall have and adopt a brand for them except for registered sheep or goats that are properly identified by legible tattoos and whose owner has been issued a certificate of brand exemption for his flock by the board. The brand shall be applied by any method approved by the board. Each brand shall be recorded in the office of the board. The board may provide for the use of a mark in lieu of the owner's brand if the mark is recorded in conjunction with the brand.

B. Unbranded or unmarked sheep or goats, except offspring with a branded or marked mother, shall be subject to seizure by a peace officer or inspector and shall be handled and disposed of in the same manner as is provided for the handling and disposal of estrays.

C. Sheep or goats that are purchased shall be rebranded or remarked by the new owner with his recorded brand or mark within thirty days of the purchase date unless he is given special permission by the board or the former owner to use the former owner's recorded brand or mark on the sheep or goats."

Section 46. A new section of Chapter 77, Article 9 NMSA 1978 is enacted to read:

"[NEW MATERIAL] DEFINITION.--As used in Chapter 77, Article 9 NMSA 1978, "livestock" means horses, asses, mules, or cattle."

Section 47. Section 77-9-3 NMSA 1978 (being Laws 1895, Chapter 6, Section 1, as amended) is amended to read:

"77-9-3. NECESSITY OF BRAND--REBRANDING REQUIRED--EXCEPTIONS.--

A. [Every] A person [firm, company or corporation owning horses, mules, asses or any cattle] who owns livestock shall have and adopt a brand for [the animals] them. The brand shall be applied with a hot iron on each animal except registered [animals which] livestock that are properly identified by a legible tattoo and whose owner has been issued a certificate of brand exemption for his herd by the board. Each brand shall be recorded in the office of the board.

B. [Any] Unbranded livestock, [excepting] except offspring with a branded mother or offspring with a mother properly identified as provided in Subsection E of this section, shall be subject to seizure by [any] a peace officer or [any duly authorized] livestock inspector [appointed by the board] and shall be handled and disposed of in the same manner as is provided for the handling and disposal of estrays.

C. [Any] Livestock that is purchased [must] shall be rebranded by the new owner with his recorded brand within thirty days, [of the purchase date unless he is given special permission by the board or by the former owner to use the recorded brand of the seller appearing on the livestock] except as provided in Section 77-9-4 NMSA 1978.

D. Subsection A of this section shall not apply to [any] a person owning horses, mules or asses who has been issued a transportation permit as provided in Section 77-9-42 NMSA 1978 or who has a registration certificate for an animal from a recognized breed association or to any person owning horses, mules or asses [which] that have been identified by a freeze mark or a freeze brand recorded with the board. Freeze branding or freeze mark identification requires an iron, first submerged in a bath of liquid nitrogen, to be applied on each animal, resulting in a permanent loss of color in the hair or cessation of hair growth where the brand or mark has been applied.

E. This section does not apply to a person who owns cattle in confinement at a dairy or feedlot and who has elected to identify his cattle by an alternative means approved by the board for cattle held in those facilities. If cattle held in confinement and identified in accordance with this subsection are removed from confinement and otherwise held in the state, the provisions of Subsection A of this section shall be met prior to removal, unless the cattle are being delivered to an approved auction."

Section 48. Section 77-9-4 NMSA 1978 (being Laws 1961, Chapter 4, Section 1, as amended) is amended to read:

"77-9-4. PENALTY FOR FAILURE TO BRAND OR REBRAND--CERTAIN SALES PROHIBITED.--

A. All livestock required to be branded [under] pursuant to the provisions of Section 77-9-3 NMSA 1978 shall bear the identical and complete brand recorded in the name of the present owner with the board or, in the alternative, the livestock shall bear the identical and complete brand of a former owner as recorded with the board, in which case, the livestock shall be accompanied by a bill of sale from the former owner to the person claiming to be the present owner, which bill of sale meets the requirements of Section 77-9-22 NMSA 1978.

B. The bill of sale [must] shall contain a written statement by the former owner granting permission to the present owner to use the recorded brand appearing on the livestock, listed in the bill of sale and filed with the board; otherwise the livestock [must] shall be rebranded within thirty days from the date of purchase.

C. [No] A person shall not sell, buy or receive any livestock in the state unless the livestock is branded or has other means of identification acceptable to the board except livestock directly imported from another state. Except as provided in Section 77-9-16 NMSA 1978, as recompiled, all livestock shall be branded with a New Mexico brand within thirty days of entry into the state.

D. [Any individual, corporation, partnership or association that] A person who violates the provisions of either Section 77-9-3 NMSA 1978 or this section is guilty of a [petty] misdemeanor and upon conviction shall be [fined not less than fifty dollars ($50.00) nor more than three hundred dollars ($300) upon conviction] sentenced in accordance with Section 31-19-1 NMSA 1978 for each [offense] head."

Section 49. Section 77-9-5 NMSA 1978 (being Laws 1895,

Chapter 6, Section 2, as amended) is amended to read:

"77-9-5. BRANDS OF LIVESTOCK--RECORDING--EVIDENCE OF OWNERSHIP.--No brands of livestock except [such as are] those recorded [under] pursuant to the provisions of [this Article] The Livestock Code and are peeled [and fully healed] shall be recognized in law as evidence of ownership of the [horses, mules, asses or neat cattle] livestock upon which the brand is used unless the owner has other means of identification, including freeze brands and freeze mark identification, [which shall be] that is recognized as evidence of ownership for horses, mules or asses."

Section 50. Section 77-9-22 NMSA 1978 (being Laws 1971, Chapter 196, Section 2) is amended to read:

"77-9-22. BILLS OF SALE--REQUIREMENTS--EVIDENCE OF LARCENY.--

A. A duly executed bill of sale is an instrument in writing by which the owner or his authorized agent transfers to the buyer the title to livestock described [therein] in the bill of sale and guarantees to defend [said] the title against all lawful claims. It shall fully describe in detail the livestock, and such description shall include marks, brands and all other identification.

B. [The seller shall sign his name to and write in the bill of sale his social security or driver's license number and his post office address in the presence of two witnesses who are legal residents of the county where the transfer of the described animals takes place. The witnesses shall sign their names and indicate their post office addresses on the bill of sale.] The bill of sale shall be executed the day of the transaction.

[C. In lieu of the signatures of two witnesses, the bill of sale may be acknowledged by a notary public or other officer authorized to take acknowledgments or may be witnessed and certified by an inspector of the livestock board.]

C. A purchase sheet properly executed by a licensed livestock auction market constitutes a valid bill of sale.

D. A registration certificate issued by a recognized pure-bred association, properly identifying the animal and properly acknowledged by the secretary of the association, may be used as proof of ownership.

E. An inspection certificate executed as a bill of sale and certified by [a duly authorized livestock] an inspector [of the New Mexico livestock board] may be used as proof of ownership.

F. The possession by any person of livestock having a brand not his recorded brand unless he has a bill of sale or authority in writing to possess or sell the livestock shall be take as prima facie evidence that he committed larceny of the livestock and shall be sufficient for his conviction of larceny unless the evidence shows his innocence."

Section 51. Section 77-9-23 NMSA 1978 (being Laws 1884, Chapter 47, Section 13, as amended) is amended to read:

"77-9-23. BILL OF SALE OF LIVESTOCK--DUTY TO EXHIBIT--VIOLATION--PENALTY.--

A. [Any] A person who has purchased or received or has in his possession any livestock either for himself or another shall exhibit the bill of sale for the livestock at the reasonable request of [any] an inspector or other peace officer. [Any] A person who fails to produce the bill of sale required in Section [47-9-19 NMSA 1953] 77-9-21 NMSA 1978 or who is unable to exhibit other written evidence of ownership or legal possession is guilty of a [petty] misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.

B. [Any] A person who has purchased or received or has in his possession any livestock either for himself or another and who cannot produce proof of ownership as required [under] by Subsection A of this section shall have [such] the livestock impounded. If sufficient proof of ownership has not been established to the satisfaction of the [New Mexico livestock] board within fifteen days of the impoundment, the impounded livestock will be handled and disposed of in the same manner as [is now or may hereafter be] provided for the handling and disposal of estrays."

Section 52. Section 77-9-26 NMSA 1978 (being Laws 1921, Chapter 159, Section 1, as amended) is amended to read:

"77-9-26. SALE BY PERSON NOT BRAND OWNER--BILL OF

SALE.--[Every] A person [firm or corporation] in this state who sells, transfers or delivers to [any] another person [firm or corporation] in this state any [cattle, horse, sheep, mule or burro which] livestock that is not branded or marked with [any] the brand or mark [not the recorded brand or mark of the person firm or corporation] of the person selling, transferring or delivering the [animal] livestock shall [make and] deliver to the person [firm or corporation] buying or receiving the [animal] livestock a bill of sale [duly acknowledged. The bill of sale shall contain a full description of the animal sold, transferred or delivered, giving the brands and marks on the animal and] showing from whom the [animal] livestock was received [together with the post office address of the person, firm or corporation from whom the animal was received or obtained] as provided in Section 77-9-22 NMSA 1978."

Section 53. Section 77-9-27 NMSA 1978 (being Laws 1921, Chapter 159, Section 2, as amended) is amended to read:

"77-9-27. VIOLATION--PENALTY.--[Any] A person [firm or corporation violating] who violates the provisions of Section 77-9-26 NMSA 1978 is guilty of a misdemeanor and upon conviction shall be [fined in a sum not less than twenty-five dollars ($25) and not more than five hundred dollars ($500) or by imprisonment not less than thirty days nor more than six months or by both such fine and imprisonment in the discretion of the court] sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head in offense."

Section 54. Section 77-9-28 NMSA 1978 (being Laws 1943, Chapter 11, Section 1, as amended) is amended to read:

"77-9-28. IMPORTATION OF [ANIMALS] LIVESTOCK--PERMIT REQUIRED--PENALTY.--

A. [Every] A person [firm, company, corporation or common carrier bringing cattle, buffalo, horses, mules, asses or swine] who brings livestock into this state by any manner or causing them to be brought in shall, before doing so, obtain a permit [in writing or by wire] from the board or its authorized [representatives] representative. The permit shall contain a list of all the requirements of the board to be complied with before the [animals] livestock can be brought into the state and shall also stipulate any requirements of further tests of the livestock for disease [as set forth in this section] after the [animals] livestock are within the state if required by the board. The permit [must] shall accompany the [animals] livestock at the time they enter the state, and the requirements set forth in the permit as to tests for [contagious] diseases or otherwise [must] shall be complied with in every particular before the [animals] livestock are permitted to enter. The owner or his agent shall make application to the proper inspector to inspect the imported livestock. The imported livestock shall not be commingled or released to pasture without inspection, except as authorized by the inspector.

B. No prior permits are required for [cattle] livestock transported directly to [sales rings or yards which] international import receiving facilities that are inspected for health of [animals] livestock contained [therein] in the facilities by the United States department of agriculture or other agency of the United States. Livestock entering at these facilities from a foreign country shall be inspected by an inspector.

C. [Any] A person [firm, company, corporation or common carrier violating any] who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished [by a fine of not less than fifteen dollars ($15.00) nor more than one hundred dollars ($100)] in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head in offense."

Section 55. Section 77-9-29 NMSA 1978 (being Laws 1891, Chapter 34, Section 2, as amended) is amended to read:

"77-9-29. INSPECTION RULES [AND REGULATIONS].--In the exercise of the powers and performance of the duties conferred and prescribed by Sections 77-9-30 through 77-9-36 NMSA 1978, the board shall make all necessary rules [and regulations] respecting the inspection of [cattle] livestock intended for shipment or to be driven from a district or beyond the limits of this state and also respecting the inspection of hides and slaughterhouses in this state [and for the government of all employees of the board]."

Section 56. Section 77-9-30 NMSA 1978 (being Laws 1891, Chapter 34, Section 3, as amended) is amended to read:

"77-9-30. EXPORTED [CATTLE] LIVESTOCK--INSPECTION OF BRANDS AND EAR MARKS--RECORD.--[It is the duty of] The board [to] shall cause [to be inspected] the brands and ear marks upon [the cattle] livestock shipped or driven from a district or out of this state to be inspected and [to cause to be kept and preserved] a true and correct record of the result of such inspections to be kept in the office of the director [of the board] for three years. The record shall set forth the date of the inspection; the place where and the person by whom made; the name and [post office addresses] current address of the owner, shipper or claimant of the [cattle] livestock inspected [and] or the names and [post office] current addresses of all persons in charge of the [cattle] livestock at the time of the inspection; the destination of the [cattle; as well as] livestock; a list of all brands and ear marks upon the [cattle] livestock inspected; and the number and classification of the [cattle] livestock."

Section 57. Section 77-9-31 NMSA 1978 (being Laws 1891, Chapter 34, Section 4, as amended) is amended to read:

"77-9-31. EXPORT [CATTLE] LIVESTOCK TO BE INSPECTED--PENALTIES.--[It is the duty of every]

A. A person shipping or driving or receiving for shipment or driving any [cattle] livestock from a district or out of this state [to] shall hold the [cattle] livestock for inspection as provided by law, and it is unlawful for any person to ship, drive or in any manner remove beyond the boundaries of the district or this state any [herd or band of cattle] livestock until they have been inspected except as provided in Section 77-9-42 NMSA 1978.

B. A person who knowingly ships, drives or receives for shipment or driving livestock from one district to another without an inspection is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.

C. A person who knowingly ships or drives or receives for shipment or driving livestock out of state without an inspection is guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with the provisions of Sections 31-18-15 NMSA 1978."

Section 58. Section 77-9-32 NMSA 1978 (being Laws 1891, Chapter 34, Section 6, as amended) is amended to read:

"77-9-32. INSPECTION OF LIVESTOCK FOR EXPORT--APPLICATION--PLACE--PAYMENT FOR DELAY.--[Every] A person [company or corporation or their agents, servants or employees] or his agent having in his charge livestock destined for transportation or to be driven beyond the limits of the district or out of this state shall make application to the proper inspector to inspect [any such] the livestock, stating in [such] the application the time [said] the livestock will be ready for inspection [and. It shall be the duty of such]. An inspector [to] shall inspect the [said] livestock at a location to be designated by the board, make the record and give the certificate required by law to the owner of [said] the livestock; provided that in the case of livestock transported out of this state, the place of inspection shall be at some stockyards or other convenient place near the proposed point of shipment of [said] the livestock from the state. If the owner or person in charge of [said] the livestock [shall cause] causes any unreasonable delay or loss of time to an inspector, [such] the owner or person in charge of [any such] the livestock shall pay the expenses and salary of the inspector during the delay or loss of time."

Section 59. Section 77-9-33 NMSA 1978 (being Laws 1891, Chapter 34, Section 7, as amended) is amended to read:

"77-9-33. INSPECTION OF EXPORTED [CATTLE] LIVESTOCK--REPORT--INSPECTION OF SLAUGHTERHOUSES--PENALTY.--

A. Every inspector [employed by the board under] the provisions of Section 77-2-7 NMSA 1978] shall be an inspector of brands and ear marks and also an inspector of hides and slaughterhouses, and it is the duty of the inspectors to inspect the brands and ear marks of all [cattle] livestock transported or driven from a district or out of this state and to make a sworn report to the director [of the board] of the result of such inspection at least once [in] every thirty days and [oftener] more often if, in the opinion of the board, it is necessary. Every slaughterhouse in this state shall be carefully inspected by the inspectors, and all hides found in slaughterhouses shall be carefully compared with the records of the slaughterhouses and a report in writing setting forth the number of [cattle] livestock killed at the slaughterhouse since the last inspection, the names of the persons [from] for whom each of the [cattle was bought] livestock were slaughtered, the brands and marks upon each

hide and any information that may be obtained touching the violation by the owner of any slaughterhouse, or any other person, of any of the provisions of Sections 77-17-9 through 77-17-11 NMSA 1978. For the purpose of making an inspection, [any] an inspector [employed by the board shall have] has the right to enter in the day or night any slaughterhouse or other place where [cattle] livestock are killed in this state and to carefully examine the [same] premises and all books and records required by law to be kept [therein] on the premises and to compare the hides found with the records. [Any] A person who hinders or obstructs or attempts to hinder or obstruct [any] an inspector [employed by the board] in the performance of any of the duties required of him by law is guilty of a misdemeanor and on conviction shall be [fined in any sum not exceeding one hundred dollars ($100), at the discretion of the court trying the case] sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense.

B. Livestock inspectors [appointed by the board shall have authority to] may arrest persons found in the act or whom they have good reason to believe to be guilty of driving, holding or slaughtering stolen livestock or of violating the inspection laws of the state. [Every inspector shall have authority to] Livestock inspectors may carry arms and make arrests in any county in the state."

Section 60. Section 77-9-38 NMSA 1978 (being Laws 1899, Chapter 53, Section 2, as amended) is amended to read:

"77-9-38. INSPECTION FEES--LIEN--RECORD.--There shall be a fee for the inspection of [cattle, horses, mules and asses] livestock to be fixed by the board not to exceed the amount prescribed by law for each inspection request, and the fee shall be a lien upon the [animals inspected] livestock of the owner until paid. Each inspector shall keep a complete record of all [animals] livestock inspected by him, listing all brands and marks and the names of the shippers, and a copy of the record shall be preserved by the [New Mexico livestock] board."

Section 61. Section 77-9-40 NMSA 1978 (being Laws 1895, Chapter 6, Section 16, as amended) is amended to read:

"77-9-40. EXPORTING OF [CATTLE] LIVESTOCK WITHOUT BRAND OF SHIPPER OR BILL OF SALE--INSPECTION--DEFINITION OF ESTRAYS.--

A. For the purposes of this section, an estray [shall be] is any [cattle] livestock being driven or shipped from a district or from this state [or of any county of this state for shipment, sale or slaughter not branded with the duly recorded brand of the person, company or corporation driving the animal or causing it to be driven; or not accompanied by a duly executed and acknowledged bill of sale or transfer in writing from the owner of the recorded brand on the animal] that is not properly identified as required by The Livestock Code; or not accompanied by a duly executed authority in writing [duly acknowledged] by the owner of the recorded brand on the [animal] livestock authorizing the driving and handling of the [animal] livestock by the person [found driving the same. Upon the inspection of any such herd by any duly authorized inspector, if he] in possession of the livestock.

B. If an inspector finds in or with the [herd any] livestock he is inspecting an estray [as is specified in this section, it is his duty and he is hereby empowered to], he may seize and sequestrate the estray and [to] hold and dispose of it in the manner [now] provided by law for the disposition of unclaimed [cattle] livestock by inspectors. [The person having charge of and found driving the estray shall, in addition to any criminal prosecution to which the driving may make him liable, forfeit as damages to the owner of the brand on the estray a sum set by the court for each estray found in his possession, to be recovered by the owner in an action of debt before any magistrate in the county in which the animal is found or the county in which the owner resides. All reports of inspection made by any duly authorized inspector and verified by his oath or a duly certified copy of the reports by the director of the board and under his seal shall be taken as prima facie proof of the matters in any of the courts of this state; provided that cattle being driven from this state for sale or shipment shall be inspected, if driven, at the state line and if shipped, at the place of shipment.]"

Section 62. Section 77-9-42 NMSA 1978 (being Laws 1969, Chapter 174, Section 4, as amended) is amended to read:

"77-9-42. TRANSPORTATION PERMITS FOR HORSES, MULES AND ASSES--BRAND AND HEALTH CERTIFICATE GOOD FOR LENGTH OF TIME OF OWNERSHIP.--

A. [Any] A person [owning] who owns horses, mules or asses and [desiring] desires to transport them within the state for [any] a purpose other than their sale or trade may, upon request to an inspector [of the board], be issued an owner's transportation permit in lieu of the required brand [and health inspection] certificate for each horse, mule or ass to be transported.

B. The owner's transportation permit issued in lieu of a brand [and health inspection] certificate is valid as long as the horse, mule or ass described in the certificate remains under the ownership of the person to whom the permit was issued.

C. The owner's transportation permit or the brand [and health inspection] certificate [must] shall accompany the animal for which it was issued at all times while the animal is in transit, and each shall identify the horse, mule or ass by brand, color, markings, sex, age and, where applicable, by registration number, tattoo or other mark as provided by [regulations] rules of the board.

D. There shall be a fee in an amount set by the board for each owner's transportation permit [which shall be in addition to any inspection fee for the issuance of a brand and health inspection certificate]."

Section 63. Section 77-9-43 NMSA 1978 (being Laws 1929, Chapter 87, Section 2) is amended to read:

"77-9-43. NOTICE OF TRANSPORT--INSPECTION DATE AND PLACE.--[That] Before [any] a person [or persons, firm or corporation shall transport said] transports any livestock or carcasses [as herein set out, such] from a district or out of state, the person [or persons, firm or corporation] shall notify the nearest inspector that it is desired that [said] the livestock or carcasses be inspected, fixing the date, place and time [thereof and giving reasonable time for said inspector so notified to reach said place on the date designated] of the inspection. The person requesting the inspection shall give a reasonable time prior to the proposed shipment date."

Section 64. Section 77-9-54 NMSA 1978 (being Laws 1901, Chapter 45, Section 3, as amended) is amended to read:

"77-9-54. TRANSPORTATION OF HIDES.--

A. It is unlawful for any person [firm, corporation or common carrier] to transport or cause to be transported [within or beyond the limits] from a district or out of this state any hides that have not been inspected by [a duly authorized] an inspector [of the New Mexico livestock board] and tagged or marked as prescribed by [regulation] rule of the board. The board may provide by [regulation] rule for collection of an inspection fee not to exceed the amount prescribed by law, and the fee is a lien upon the hides inspected until paid.

B. Each inspector [of hides] shall keep a complete record of all inspections made by him and immediately forward to the director [of the New Mexico livestock board] on blanks furnished him for that purpose, a complete report of each inspection, giving the names of the purchaser and shipper of the hides and all the brands [thereon] on the hides. The report shall be preserved by the director as records of his office."

Section 65. Section 77-9-56 NMSA 1978 (being Laws 1921, Chapter 26, Section 1) is amended to read:

"77-9-56. HIDE PURCHASES--BILL OF SALE--CONTENTS--PENALTY.--[Any] A person [or persons, firm or corporation] in this state who [shall purchase any] purchases a hide [or hides] from [neat cattle, horse, sheep, mule or burro] livestock is [hereby] required to secure from the person [or persons, firm or corporation] from whom [said] the hide [or hides are] is purchased, at the time of [said] purchase, a bill of sale [witnessed by two witnesses] showing the brands and the marks, if any, on [said] the hide [or hides. Any]. A person [or persons, firm or corporation violating] who violates the provisions [hereof shall be deemed] of this section is guilty of a misdemeanor and [shall] upon conviction shall be [fined in a sum not less than twenty-five ($25.00) Dollars nor more than five hundred ($500.00) Dollars or be imprisoned not less than thirty (30) days nor more than six (6) months or both such fine and imprisonment in the discretion of the court] sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense."

Section 66. Section 77-9-58 NMSA 1978 (being Laws 1961, Chapter 3, Section 1, as amended) is recompiled as Section 77-9A-1 NMSA 1978 and is amended to read:

"77-9A-1. INTERSTATE CATTLE OR SHEEP TRANSPORTATION--CATTLE OR SHEEP REST STATIONS.--It is unlawful for any person to unload cattle or sheep in interstate transit by truck for feed, rest and water except at cattle or sheep rest stations licensed by the board except in emergency situations [and]. In emergency situations, cattle or sheep in transit [must] shall be inspected by an inspector [of the board] before being reloaded."

Section 67. Section 77-9-59 NMSA 1978 (being Laws 1961, Chapter 3, Section 2, as amended) is recompiled as Section 77-9A-2 NMSA 1978 and is amended to read:

"77-9A-2. CATTLE OR SHEEP REST STATIONS--LICENSING.--The board shall license all cattle and sheep rest stations, which shall meet minimum [regulations] rules of the board, and shall collect a license fee set by the board for each station licensed. No applicant shall be licensed until he has posted a bond in a form and amount approved by the [attorney general in the amount of one thousand dollars ($1,000)] board covering the faithful compliance by the licensee with all laws and [regulations] rules of the board pertaining to cattle or sheep rest stations."

Section 68. Section 77-9-60 NMSA 1978 (being Laws 1961, Chapter 3, Section 3, as amended) is recompiled as Section 77-9A-3 NMSA 1978 and is amended to read:

"77-9A-3. [REGULATIONS] REST STATIONS--RULES.--The board may prescribe [regulations] rules covering the operation of [cattle] rest stations for cattle or sheep in transit by truck."

Section 69. Section 77-9-61 NMSA 1978 (being Laws 1961, Chapter 3, Section 4) is recompiled as Section 77-9A-4 NMSA 1978 and is amended to read:

"77-9A-4. VIOLATIONS--PENALTY.--[Any] A person [violating] who violates any of the provisions of [this 1961 act] Chapter 77, Article 9A NMSA 1978 or any [regulation] rule of the [cattle sanitary] board pertaining to [cattle] rest stations is guilty of a misdemeanor and upon conviction shall be [punished by a fine of not more than two hundred dollars ($200) nor less than fifty dollars ($50.00) or by imprisonment in the county jail for not more than six months nor less than thirty days or by both such fine and imprisonment in the discretion of the court] sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 70. Section 77-9-63 NMSA (being Laws 1969, Chapter 124, Section 2, as amended) is recompiled as Section 77-9A-5 NMSA 1978 and is amended to read:

"77-9A-5. UNLOADING LIVESTOCK FOR FEED, REST AND WATER-- DUMPING CARCASSES--PENALTY.--

A. All livestock [being transported by truck] that has been confined to [the] a truck for a continuous period of twenty-four hours without feed, rest and water shall be unloaded at the nearest licensed cattle or sheep rest station or other facility providing feed and water for livestock. The livestock shall receive adequate feed and water and a minimum of five hours rest before reloading. [The loading and unloading of in-transit cattle shall be subject to the provisions of Section 77-9-58 NMSA 1978.]

B. [Any] A livestock inspector [of the New Mexico livestock board] or other peace officer may require [any] a person moving livestock within the state by truck to unload the livestock for feed, rest and water when the logbook of the operator indicates the livestock has been confined for twenty-four hours. If [an] a livestock inspector [of the New Mexico livestock board] determines a truck moving livestock to be unsafe or overloaded or if the conditions for the livestock are determined to be unsafe, [then] the livestock inspector shall have the authority to remedy [such a] the situation.

C. All expenses incurred in compliance with this section are the responsibility of the livestock owner or his agent.

D. A person shall not dispose of carcasses along the public streets, roads or highways of this state. A person who violates the provisions of this subsection is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 71. Section 77-10-1 NMSA 1978 (being Laws 1937, Chapter 59, Section 1, as amended) is amended to read:

"77-10-1. DEFINITIONS.--As used in Chapter 77, Article 10 NMSA 1978:

A. "[sales ring] livestock auction market" means [any] a place, establishment [auction market] or facility conducted or operated for compensation or profit as a public livestock market consisting of pens or other enclosures, barns, stables, sheds and their appurtenances, including saddle and work stock, and vehicles used in connection therewith or in the operation thereof where livestock not owned by the operator for at least three months next preceding the receipt thereof is received, held or kept for any purpose other than:

(1) immediate shipment or immediate slaughter;

(2) grazing, feeding or breeding; or

(3) for the sale and exchange of breeding stock by a bona fide livestock association; and

B. "operator" means [any] a person in control of the management or operation of a [sales ring] livestock auction market."

Section 72. Section 77-10-2 NMSA 1978 (being Laws 1937, Chapter 59, Section 2, as amended) is amended to read:

"77-10-2. NECESSITY OF LICENSE--APPLICATION--FEE--BOND--CANCELLATION OF LICENSE--COPIES.--

A. It [shall be] is unlawful for [any] a person to operate a [sales ring] livestock auction market in this state unless he is the holder of an unexpired, [uncancelled] uncanceled license issued by the board.

B. [Any person, except as herein otherwise provided on application to the board in such form as the board shall prescribe, wherein] An application to operate a livestock auction market shall [be] set forth:

(1) the name and address of the applicant;

(2) the location of the [sales ring] livestock auction market for which application is made; and

(3) a description of the facilities afforded by [such sales ring] the livestock auction market.

C. The application shall be accompanied by

the payment of a license fee [of twenty-five dollars ($25.00) and the filing and keeping on] set by the board not to exceed the amount prescribed by law.

D. The applicant shall file with the packers and stockyards division of the United States department of agriculture a bond in the penal sum as prescribed by the packers and stockyards division and approved by the board and conditioned that the principal shall comply with the terms [set forth therein or, in lieu of such bond, the filing of a bond approved by the board as to form and sufficiency in a penal sum of ten thousand dollars ($10,000), conditioned that the principal shall comply] of the surety and with all of the terms and conditions of [this act] Chapter 77, Article 10 NMSA 1978, with some surety company authorized to do business in this state [as surety. shall have issued to him by].

E. If the applicant satisfies the conditions of application, the board shall issue a license good for one year to operate [a sales ring] the livestock auction market at the location specified in [his] the application.

[Any] F. A license issued [hereunder] in accordance with this section may be [cancelled] canceled by the board for violation of [Sections 47-10-1 through 47-10-10 NMSA 1953] Chapter 77, Article 10 NMSA 1978 by the licensee, and the board may refuse to issue a license to [any previous licensee] a person whose previous license has been [cancelled] canceled or to any firm, association or corporation of which he is a member or by which he is employed [and].

G. It [shall be] is unlawful for [any] an operator to employ [any such previous licensee] a person whose license was canceled by the board or to operate [any sales ring] a livestock auction market in which [such previous licensee] that person has [an] direct or indirect interest [directly or indirectly].

H. The bond [herein] required by this section shall be for the benefit of [any] a person damaged by [any] a breach of the condition [thereof] of the bond, and [any such] the person damaged shall be entitled to bring an action [thereon] on the bond in his own name. The board shall furnish a certified copy of [any such] the bond to [any] a person [applying therefor] who applies for a copy on payment of [a] the fee [of one dollar ($1.00)] set by the board for copy services."

Section 73. Section 77-10-3 NMSA 1978 (being Laws 1937, Chapter 59, Section 3) is amended to read:

"77-10-3. DUTIES OF LICENSEES.--The operator shall:

[(a)] A. keep posted and on display in a conspicuous place at [his sales ring] the livestock auction market an unexpired, [uncancelled] uncanceled license issued by the board as [herein] provided in Section 77-10-2 NMSA 1978;

[(b) shall] B. keep [his sales ring] the livestock auction market clean and sanitary and, whenever required by the board or a veterinarian [accredited] authorized by the board, shall disinfect the [same] livestock auction market or any part thereof and shall procure to be administered preventive or curative treatment of livestock in the possession of the operator, all under the supervision and direction of the board or its [accredited] authorized veterinarian and without expense to the board;

[(c) shall] C. allow the board and [the] its members and officials [thereof] and its [accredited] inspectors and authorized veterinarians to have convenient access to [his sales ring] the livestock auction market and [his] its books and records [at all reasonable times for the purpose of inspecting the same] or any livestock that may be in [the] his possession [of the operator] at all reasonable times for the purpose of inspection;

[(d) shall] D. post in a conspicuous place at [his sales ring] the livestock auction market a schedule of all charges for services, accommodations and facilities [which] that he holds himself out as ready, able and willing to furnish at [his sales ring] the livestock auction market to owners of livestock and shall file a true copy [thereof] of the schedule with the board [and such]. The schedule shall be the sole basis for all [such] charges until a different schedule [shall have] has been [so] posted and filed;

[(e)] E. immediately after the sale of any livestock at [his sales ring, shall] the livestock auction market, account and pay [over] to the owner [thereof] of the livestock the entire proceeds of the sale [thereof] less his applicable scheduled charges;

[(f) shall] F. make promptly after each sale and [thereafter shall] keep for a period of three [(3)] years a complete record [thereof which shall contain] of the sale that contains a description of the livestock sold, the name of the owner and [that] of the purchaser [thereof], the date of sale, the sale price and the amount and items of the operator's charges and [to] open all such records to examination by the board or its [duly accredited] inspector at any time on request;

[(g) shall] G. be responsible for the wrongful acts or omissions of his agents and employees; and

[(h) shall] H. comply with and conform to all lawful rules [and regulations] of the board and shall cooperate with the board in preventing the spread of [contagious and infectious livestock] diseases through the operation of [his sales ring] the livestock auction market and in the suppression of livestock theft."

Section 74. Section 77-10-4 NMSA 1978 (being Laws 1937, Chapter 59, Section 4, as amended) is amended to read:

"77-10-4. NOTICE TO BOARD OF RECEIPT OF LIVESTOCK--CONTENTS--[PAYMENT IN LIEU OF] FEES.--Immediately on receipt of any livestock at [his sales ring] the livestock auction market, the operator shall give written notice to the board in such form as the board may prescribe, stating the kind and number and description of the livestock received [and]. At the same time [and in lieu of all fees required by law], the operator shall collect and remit to the board or agent for the board [a sum not to exceed the amount] the inspection fees prescribed by law for each head of [cattle, horses, mules, asses, sheep or goats] livestock received. All money paid to the board shall be deposited to the proper board fund."

Section 75. Section 77-10-5 NMSA 1978 (being Laws 1937, Chapter 59, Section 5, as amended) is amended to read:

"77-10-5. LIVESTOCK INSPECTED BY BOARD INSPECTOR.--All livestock received at a [sales ring] livestock auction market shall be inspected by [a duly accredited] an inspector [of the board] as soon as practicable [after its receipt]. The inspector shall satisfy himself as to the ownership of [such] the livestock [and that the operator has been duly authorized by the owner thereof to receive the same] and [as to] the purpose for which it has been [so] received. Before the removal [thereof] of the livestock, it shall be again inspected as to ownership by an [accredited] inspector [of the board], and the inspector shall conduct an inspection of the records documenting the receipt, sale or purchase of the livestock and may conduct a visual inspection of the livestock prior to issuing a certificate of inspection. The inspector shall issue his certificate of inspection and deliver one copy [thereof] to the purchaser or his agent, one copy to the [operator] inspector at designation and forward [one copy] the original to the board for filing. [If the facts requisite for the issue of said inspection certificate be not furnished to the inspector, he shall hold the livestock not so certified for a period of five (5) days unless the requisite facts be sooner furnished or said livestock sooner reclaimed by the true owner thereof. At the expiration of which time, if not then so certified or reclaimed, said livestock shall be deemed to be and shall be dealt with as estray.]"

Section 76. Section 77-10-9 NMSA 1978 (being Laws 1937, Chapter 59, Section 8 1/2, as amended) is amended to read:

"77-10-9. [SHEEP AND GOATS] LIVESTOCK--OWNERS BOUND BY [REGULATIONS] RULES.--Whenever [any] an owner of [sheep or goats] livestock avails himself of the provisions of [Sections 77-10-1 through 77-10-10] Chapter 77, Article 10 NMSA 1978, he [shall be] is bound by the rules [and regulations as may be prescribed by] of the board as to health and ownership."

Section 77. Section 77-10-10 NMSA 1978 (being Laws 1937, Chapter 59, Section 9) is amended to read:

"77-10-10. VIOLATIONS--PENALTY.--[Violation of this Act] A person who violates Chapter 77, Article 10 NMSA 1978 or [of] any rule [or regulation] of the board made [in pursuance of this Act shall constitute] pursuant to that article is guilty of a misdemeanor [punishable by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00)] and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978, and each day's violation [shall constitute] constitutes a separate offense."

Section 78. Section 77-12-6 NMSA 1978 (being Laws 1923, Chapter 68, Section 6) is amended to read:

"77-12-6. DISTRAINT OF LIVESTOCK FOR DAMAGES.--[Such] A person [so] damaged by trespassing livestock may hold and distrain [such] the trespassing livestock until the damages [which] that he has suffered [thereby] and the costs, including [the sum of fifty cents ($.50)] a reasonable amount set by the board per head per day for feeding and caring for [such] the livestock during the time [such] the livestock is so distrained, are paid or legally tendered. The person distraining [such] the livestock shall give notice to the owner, if known or ascertainable, within forty-eight [(48)] hours after [such] distraint."

Section 79. Section 77-12-10 NMSA 1978 (being Laws 1923, Chapter 68, Section 10) is amended to read:

"77-12-10. FAILURE TO CLOSE GATE--PENALTY.--[Any] A person who [shall open and fail] opens and fails to close [any such] a gate [shall be] provided for in Section 77-12-9 NMSA 1978 is guilty of a misdemeanor and on conviction shall be [fined not less than five dollars nor more than fifty dollars] sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 80. Section 77-12-11 NMSA 1978 (being Laws 1923, Chapter 68, Section 11) is amended to read:

"77-12-11. LIVESTOCK AT LARGE ON HERD LAW DISTRICT ROAD--PENALTY.--[Any] An owner or holder of livestock described in Section [six of this Act] 77-12-6 NMSA 1978 who [shall permit such] permits livestock to run at large on [any] a public road within [any such] a herd law district [shall be] is guilty of a misdemeanor and on conviction shall be [fined not less than five dollars nor more than fifty dollars] sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 81. Section 77-13-2 NMSA 1978 (being Laws 1907, Chapter 80, Section 2, as amended) is amended to read:

"77-13-2. IMPOUNDMENT OF ESTRAY ANIMALS.--

A. [No] A person shall not impound an estray [animal] except when [such animal] the estray is found on property the person owns or controls. When [any] a person impounds an estray, he [or she] shall, within five days of the impoundment, notify the director [of the New Mexico livestock board] or [any livestock] an inspector [of the board] of the impoundment.

B. [Any] A person having knowledge of [any] an estray [animal or animals] upon any public or private range, fenced or unfenced, may notify the director [of the New Mexico livestock board] or [any authorized livestock] an inspector, [of the board] giving description of the estray [or estrays], and upon instructions from the board or [from an authorized livestock] inspector [of the board said estrays] the estray shall be turned over to [a duly authorized livestock] an inspector [of the board] for disposition as the board may direct according to law.

C. It is lawful for [any] a person having knowledge of [any] an estray [horse, mule or ass] grazing on public land, public highways or other lands used for grazing purposes in conjunction with public land and who has the prior approval of or is acting in cooperation with an [authorized] agent of the [New Mexico livestock] board to impound and detain [such] the estray [animal or animals] for the purpose of ascertaining ownership by brand or other means of identification. The owner [or owners] of [such] the estray [animal] found to be in trespass shall be allowed forty-eight hours from receipt of notice of impoundment within which to claim the animal [or animals] and make settlement for trespass damage. If the owner [or owners fail] fails to claim [such] the animal [or animals] and effect a settlement for trespass damages within the time allowed, the estray [animals] detained shall be turned over to [a duly authorized] an inspector or other agent of the [New Mexico livestock] board for disposition in the same manner as provided for other [estray animals] estrays under [this] Chapter 77, Article 13 NMSA 1978."

Section 82. Section 77-13-3 NMSA 1978 (being Laws 1907, Chapter 80, Section 3, as amended) is amended to read:

"77-13-3. EXAMINATION OF BRAND RECORDS--NOTICE TO OWNER--CHARGE FOR CARE--LIMITATION.--Upon receiving notice of the impoundment of [any] an estray [animal or animals, it is the duty of] the director [of the New Mexico livestock board to] shall make or cause to be made an examination of the brand records. If from this record the name of the owner or probable owner can be determined, the director shall [forthwith] notify the owner of the impoundment of [such] the estray [or estrays] and, upon [said] the owner proving to the satisfaction of the board that the estray [animal or animals are] is lawfully his, the board shall issue to him an order to receive the [same] estray upon payment of any reasonable charges [which] that may have been incurred in the care of the [animal or animals or] estray impounded."

Section 83. Section 77-13-5 NMSA 1978 (being Laws 1907, Chapter 80, Section 5, as amended) is amended to read:

"77-13-5. SALE OF UNCLAIMED ESTRAYS--BILL OF SALE--EFFECT--SALE WITHOUT ADVERTISEMENT--CONDITIONS.--If an estray [animal or animals] is not claimed within five days after the last publication of notice, [they shall] it may be sold by the [New Mexico livestock] board through [an authorized livestock] an inspector [of the board] in such manner as the board may direct. [It is the duty of] The [livestock] inspector making [such] the sale [to] shall give a bill of sale to the purchaser from the [New Mexico livestock] board, signed by himself as inspector [for the board which]. The bill of sale shall be legal evidence of the ownership of the [animal or animals] livestock by the purchaser [thereof] and shall be a legal [and valid] title to [said animal or animals] the livestock. Where the director [of the New Mexico livestock board] determines that it is impractical to publish notice, the estray [animal or animals shall] may be sold immediately without notice. In such case, the board shall [thereafter] publish notice of the proceeds from the sale of the estray [animal or animals] in the same manner and for the same length of time as provided for the notice of the sale [of the animals] and shall hold and distribute the proceeds from the sale [of the animals] in the same manner as if the sale were made after notice."

Section 84. Section 77-13-6 NMSA 1978 (being Laws 1907, Chapter 80, Section 6, as amended) is amended to read:

"77-13-6. DISPOSITION OF PROCEEDS--RECORD OF SALE--PAYMENTS TO OWNER.--The [livestock] inspector making the sale of [such] an estray [or estrays] shall return the proceeds of the sale to the [New Mexico livestock] board [which]. The board shall pay the expenses incurred in the impounding, publishing of notice and selling of [such] the animal [or animals] and place the balance in the fund of the board, making a record of the same showing the marks and brands and other means of identification of the [animal] livestock and giving the amount realized from the sale [of the same, which]. The record shall be open to the inspection of the public. Should the lawful owner of an estray [or estrays which have] that has been [so] sold be found within two years after the sale of [such animal or animals] the livestock, the net amount received from the sale of the estray [or estrays] less the sum prescribed by law for office handling fees shall be paid to the owner upon his proving ownership to the satisfaction of the [New Mexico livestock] board."

Section 85. Section 77-13-8 NMSA 1978 (being Laws 1907, Chapter 80, Section 8, as amended) is amended to read:

"77-13-8. IMPOUNDING ESTRAY--FAILURE TO NOTIFY BOARD--PENALTY.--It is unlawful for [any] a person other than an [authorized] inspector [of the New Mexico livestock board] to impound or retain possession of [any] an estray [animal or animals] except as provided in Sections [47-14-2 and 47-14-7 NMSA 1953. Any] 77-13-2 and 77-13-7 NMSA 1978. A person who impounds an estray contrary to the provisions of [this] Chapter 77, Article [shall be] 13 NMSA 1978 is guilty of a misdemeanor and upon conviction [may be fined one hundred dollars ($100)] shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each [and every] offense."

Section 86. Section 77-14-2 NMSA 1978 (being Laws 1977, Chapter 189, Section 1, as amended) is amended to read:

"77-14-2. DEFINITION.--As used in [Article] Chapter 77, [Chapter] Article 14 NMSA 1978, [A. "livestock" means domestic animals such as cattle, horses, sheep, hogs, goats and buffaloes; and

B.] "proper military authority" means the commanding officer or other person in charge of a military reservation or enclave."

Section 87. Section 77-14-3 NMSA 1978 (being Laws 1901, Chapter 28, Section 1, as amended) is amended to read:

"77-14-3. TRESPASS ON LANDS.--

A. It is unlawful for [any] a person [company or corporation] or [its] his agents or employees having charge of [any] livestock [or other animals] to permit or allow the livestock to go upon the lands of others in this state for the purpose of grazing or watering upon any waters upon the lands without the permission of the owner or legal claimant or his agent. The provisions of this section shall not be construed to affect the obligation of a property owner to meet the requirements of Section 77-16-1 NMSA 1978 for fencing against such trespasses and shall apply not only to titled lands in this state but to any lands upon which [any] a person may have a valid existing filing under the laws of the United States or any lands [which] that may be leased by any person from the state.

B. [Any] A person [company, corporation] or [representative of a] proper military [reservation or enclave] authority who [may claim] claims the benefits of the protection of this section shall carefully and conspicuously mark the line of his lands so that such mark may be easily seen by persons handling livestock and shall post a notice upon the land conspicuously, warning against trespassing or shall serve personal written notice giving description of the land by government surveys or by metes and bounds."

Section 88. Section 77-14-7 NMSA 1978 (being Laws 1909, Chapter 146, Section 4, as amended) is amended to read:

"77-14-7. LIVESTOCK RUNNING AT LARGE--WHEN UNLAWFUL--IMPOUNDING--SALE--SUIT FOR DAMAGES.--

A. After the publication and posting of [such] an order pursuant to Section 77-14-6 NMSA 1978, it is unlawful for the owners of [any] livestock to allow the livestock to run at large within the town, [or within the] conservancy district, [or] irrigation district or [within the] military reservation or enclave. [Any] An owner who willfully [allowing any] allows livestock to run at large in violation of the order is guilty of a misdemeanor and upon conviction [before a magistrate] shall be punished [by a fine not exceeding ten dollars ($10.00)] in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense.

B. [It is the duty of] The sheriff or other peace officer [in the town or county] or [the] proper military authority [at a military reservation or enclave to] shall impound [any] livestock found running at large [in the town, district or military reservation or enclave] and [to] sell the livestock at public auction to the highest bidder for cash after giving notice of the time and place of sale in some newspaper published in the county where the violation occurred three days prior to the day of sale; provided that in the case of a military reservation or enclave, the sale shall be conducted by the [New Mexico livestock] board pursuant to the procedure set forth in Section 77-14-36 NMSA 1978. The proceeds up to [the amount of] five dollars ($5.00) per day for each animal shall be retained by the [officer] impounding authority to cover [his] its expense and fees. The balance, if any, shall be paid to the general fund.

C. [Notwithstanding any other provision of law] The owner of [any] livestock [so] impounded may redeem the livestock at any time prior to sale by paying [to the officer one dollar ($1.00)] the impound fees and costs incurred for each day or portion of a day that the livestock has been in custody; provided that in the case of a military reservation or enclave, redemption shall be allowed pursuant to Section 77-14-36 NMSA 1978.

D. [Any party] A person claiming damages for violation of the order may file suit to recover damages as in other civil cases; provided that such damages, in the case of a violation involving a military reservation or enclave, shall include direct, indirect, incidental and consequential damages."

Section 89. Section 77-14-8 NMSA 1978 (being Laws 1919, Chapter 88, Section 1, as amended) is amended to read:

"77-14-8. IRRIGATION DISTRICTS--IMPOUNDING TRESPASSING ANIMALS.--Whenever a majority of the resident landowners who are qualified voters in any political subdivision of an irrigation section [petition] petitions the board of county commissioners in which [said] the political subdivision is located for an order permitting trespassing [cattle, horses, mules, goats, sheep and burros] livestock to be restrained and held for damages under the terms set forth in [this Act, it shall be the duty of the said] Sections 77-14-8 through 77-14-24 NMSA 1978, the board of county commissioners, at [their] its first regular session after the filing of [said] the petition with the county clerk, [to] shall grant the request in [said] the petition and cause an order to that effect to be duly entered. [This Law shall] Sections 77-14-8 through 77-14-24 NMSA 1978 also apply to such animals as are kept, fed, pastured and [are] maintained outside of [said] the political subdivision and [shall] include [animals] livestock running on the range outside of or kept, fed, pastured and maintained outside of [said] the political subdivision."

Section 90. Section 77-14-11 NMSA 1978 (being Laws 1919, Chapter 88, Section 4) is amended to read:

"77-14-11. RIGHT TO IMPOUND--FENCES.--After [said] the order has taken effect, [any] a person within [said] the political subdivision finding any [such animals] livestock trespassing upon his premises [shall have] has the right to take up, hold and restrain the [same] livestock for such damages as [they] it may have inflicted or he may deliver the [same] livestock to the nearest [justice of the peace] magistrate to be held and impounded under the conditions [hereinafter] set forth in Sections 77-14-8 through 77-14-24 NMSA 1978; provided, however, that no [one shall have] person has the right under [this chapter] those sections to hold and restrain [said animals] livestock for damages [who] when at the time of [said] the trespass, the person did not have surrounding his premises a fence equivalent to [the following: posts set firmly in the ground and projecting above the ground not less than forty-five inches, said posts not to be less than two inches in diameter at their smallest dimension and to be set not over thirty feet apart, three barbed wires to be strung firmly and securely fastened to said posts, the bottom wire to be placed approximately twenty-one inches from the bottom, the second wire to be approximately one foot above the bottom wire, and the third wire to be approximately one foot above the second wire, said wires to be held in position by stays set not less than ten feet apart between said posts. Any] that described in Chapter 77, Article 16 NMSA 1978. A fence greater or equivalent to [said] such fence in strength and resisting power, constructed of other material, shall be considered sufficient for the purposes of [this act] Sections 77-14-8 through 77-14-24 NMSA 1978."

Section 91. Section 77-14-20 NMSA 1978 (being Laws 1919, Chapter 88, Section 14) is amended to read:

"77-14-20. FEES--APPOINTMENT OF POUNDKEEPER.--

A. The [justice of the peace] magistrate shall receive as fees for entering orders and issuing papers and performing other duties relating to [this chapter] Sections 77-14-8 through 77-14-24 NMSA 1978 the same as are provided by law in civil cases for similar services, and all persons serving papers [herein] pursuant to those sections shall be allowed the same fees as are allowed in civil cases for similar services. Arbitrators selected under the terms of [this chapter] those sections shall be allowed [the sum of one dollar each] a reasonable fee for their services.

B. The [justice of the peace] magistrate shall [be allowed fifteen cents per head each] set a reasonable charge per day for caring for [said animals] the livestock. He shall feed and care for them while held by him [and shall be allowed for feed the market price thereof, providing that the costs of feed shall not exceed fifty cents a day per head]. The [justice of the peace shall have the authority to] magistrate may appoint some other person to act as poundkeeper. [who] The poundkeeper shall hold [said animals] the livestock subject to the orders of [said justice of the peace] the magistrate and shall receive the same fees and costs as are provided [herein] in this section for [said justice of the peace] the magistrate in caring for and feeding [said animals] the livestock."

Section 92. Section 77-14-22 NMSA 1978 (being Laws 1919, Chapter 88, Section 16) is amended to read:

"77-14-22. SALE OF LIVESTOCK--SURPLUS FUNDS--COSTS AND EXPENSES.--The [justice of the peace] magistrate, after paying all costs, fees and claims from the proceeds of [any] a sale [which shall be] that is made under his direction as [hereinbefore] provided in Sections 77-14-8 through 77-14-24 NMSA 1978, shall pay [over] the remainder to the owner of [said animals] the livestock. If the owner is unknown, [he] the magistrate shall deposit the proceeds of [said] the sale, after paying all [such] costs and claims, with the [county clerk and if said sum so received by the county clerk is not called for by the owner within two years, the said county clerk shall pay the same over to the county treasurer of the county for the use and benefit of the school fund] board, which shall handle the proceeds in accordance with the provisions of Chapter 77, Article 13 NMSA 1978. Provided, however, that in case the sale is made under execution, as [hereinbefore] provided in Section 77-14-18 NMSA 1978, the [justice of the peace] magistrate shall file with the officer making [such] the sale a certified statement of all costs and expenses that may have accrued, which shall be paid by the officer selling the [same] livestock under execution as other costs are paid."

Section 93. Section 77-14-35 NMSA 1978 (being Laws 1901, Chapter 54, Section 1, as amended) is amended to read:

"77-14-35. LIVESTOCK NOT TO RUN AT LARGE IN MUNICIPALITIES--TRESPASS--DAMAGES--PENALTY.--[No hog, swine or goat] Livestock shall not be permitted to run at large within the limits of any city, town or village, incorporated or unincorporated, or to trespass upon the cultivated fields and gardens of any person [and]. The owner of any [hog, swine or goat] livestock allowing the [same] livestock to run at large within the limits of any city, town or village, incorporated or unincorporated, or to trespass upon the property of another [shall be] is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 and may be liable for treble the damage occasioned by such trespass. [and may be brought before any justice of the peace and a fine of not less than five dollars ($5.00) or more than ten dollars ($10.00) upon such conviction before any justice of the peace. And] No owners of any property trespassed upon as [herein] mentioned in this section shall be liable for the injury, death or loss of any [hog, swine or goat] livestock resulting during expulsion from or impounding upon his property of [any hog, swine or goat] the livestock actually trespassing [thereon]."

Section 94. Section 77-17-1 NMSA 1978 (being Laws 1939, Chapter 115, Section 1, as amended) is amended to read:

"77-17-1. LICENSE AND BOND REQUIRED.--[No] A person shall not conduct or carry on the trade of butcher or slaughterer of [neat cattle, horses, mules, asses, hogs, sheep or goats] livestock or as a dealer in fresh meats or meat products or as a manufacturer or processor of meat or poultry products or operate a rendering plant or operate a cold storage locker plant in which cold storage lockers are rented or leased to other persons in this state without having first obtained a license and filed a bond as [hereinafter] required by Sections 77-17-2 and 77-17-3 NMSA 1978."

Section 95. Section 77-17-2 NMSA 1978 (being Laws 1939, Chapter 115, Section 2, as amended) is amended to read:

"77-17-2. LICENSES--BUTCHER OR SLAUGHTERER--DEALER IN FRESH MEAT OR LIVESTOCK OR POULTRY MEAT PRODUCTS OR MEAT FROM OTHER BIRDS AND ANIMALS USED FOR HUMAN CONSUMPTION--COLD STORAGE LOCKER--RENDERING PLANT.--

A. [Every] A person carrying on or desiring to carry on the business of butcher or slaughterer of [cattle, horses, mules, asses, hogs, sheep, goats, poultry or other birds or animals] livestock used for human consumption shall procure a license from the [New Mexico livestock] board prior to carrying on the business and shall pay a yearly license fee of twenty-five dollars ($25.00).

B. In addition, such [persons] person may be charged reasonable fees for meat inspection service over and above the inspector's normal working assignment under the rules [and regulations] of the board pertaining to meat inspection.

C. Application for [the licenses prescribed in Subsection A of this section] licensure shall be made upon a form prescribed by the [New Mexico livestock] board and shall be accompanied by the amount of the license fee provided in this section. The license fees shall not be prorated on account of the applicant doing business for less than a full calendar year, and license renewal fee in these same amounts shall be paid for each calendar year in which any person [firm or corporation] engages in the business and be paid at the time prescribed by [regulations] rules of the [New Mexico livestock] board.

D. [Every] A person carrying on or desiring to carry on the business of selling or dealing in the fresh meat or meat products of [birds or animals] livestock used for human consumption or livestock or poultry meat products or manufacturing or processing of meat or poultry products or operating a rendering plant or operating a cold storage locker plant in which cold storage lockers are rented or leased to other persons shall obtain a license to engage in the business from the [New Mexico livestock] board after making application upon forms prescribed by the board and upon payment of an annual license fee in an amount set by the board not to exceed ten dollars ($10.00). Annual renewal fees are payable at times prescribed by [regulation] rule of the board. No bond or bond filing fee is required for any person licensed [under] pursuant to this subsection.

E. [No] Licenses provided for in this section shall not be issued to [any] a person who is not [of good moral character and, in the opinion of the board, not a proper person to conduct the business] meeting the requirements for facilities and product handling provided for in the federal and state meat inspection acts and United States department of agriculture food safety inspection service and board rules. For good cause shown, the [New Mexico livestock] board may, after notice to the holder of [any] a license provided for in this section and after a reasonable hearing, revoke [any] a license [issued]."

Section 96. Section 77-17-5 NMSA 1978 (being Laws 1939, Chapter 115, Section 4, as amended) is amended to read:

"77-17-5. DISPOSITION OF LICENSE FEES.--The proceeds from the license fees shall be paid into the [New Mexico livestock board general] board's interim receipts and disbursement fund for credit to the meat inspection division and shall be expended by the board for the same purposes and in a like manner as other money in the [New Mexico livestock board general fund] board's meat inspection division."

Section 97. Section 77-17-6 NMSA 1978 (being Laws 1939, Chapter 115, Section 5) is amended to read:

"77-17-6. PENALTY.--[Any] A person [firm or corporation violating] who violates any of the provisions of [this Act shall be deemed] Sections 77-17-1 through 77-17-6 NMSA 1978 is guilty of a misdemeanor and upon conviction [thereof] shall be punished [by fine of not less than $20.00 nor more than $100.00 for each offense or by imprisonment for not less than twenty nor more than one hundred days or by both such fine and imprisonment] in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 98. Section 77-17-7 NMSA 1978 (being Laws 1965, Chapter 127, Section 1) is amended to read:

"77-17-7. [DEFINITIONS] DEFINITION.--As used in [this act:

A. "person" includes an individual, a partnership, a corporation and a business association;

B.] Sections 77-17-7 and 77-17-8 NMSA 1978, "slaughterhouse" means an abattoir or a place where [neat cattle, horses, mules, asses, sheep or hogs] livestock are slaughtered [and

C. "residential dwelling house" means a house which is occupied as a rule for permanent residence purposes and which is either owned, rented, leased, let or hired out to be occupied as the residence or home for a family]."

Section 99. Section 77-17-9 NMSA 1978 (being Laws 1884, Chapter 47, Section 20, as amended) is amended to read:

"77-17-9. FAILING TO KEEP RECORD--PENALTY.--[Sec. 3. Every] A person who [shall carry] carries on the business of butcher or slaughterer of [horned cattle and] livestock shall [fail to] keep a true and faithful record, in a book kept for the purpose, of all [cattle] livestock purchased or slaughtered by him together with a description of each animal, including marks, brands, age and weight and from whom purchased and the date [thereof or fail to] of purchase. The person shall keep the hide and [horns] ears of [such animal or animals] cattle, sheep and goats for thirty days or until inspected by an inspector after [such animal] the livestock is slaughtered [shall be deemed]. A person who violates a provision of this section is guilty of a misdemeanor [and] for each offense [fined in a sum not less than ten nor more than one hundred dollars to be recovered as provided in the preceding section] and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 100. Section 77-17-10 NMSA 1978 (being Laws 1884, Chapter 47, Section 21, as amended) is amended to read:

"77-17-10. INSPECTION OF RECORD, HIDES AND EARS.--[Sec. 4.] The [said] record, hides and ears of cattle, sheep and goats shall be open to the inspection [of all persons and also the hide and horns] by the board for the period of thirty days or until inspected by an inspector, and any butcher or slaughterer [refusing] who refuses to permit such inspection or examination [shall be subject to a fine of not less than ten nor more than twenty-five dollars for each offense to be recovered as provided in the preceding sections] is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 101. Section 77-17-12 NMSA 1978 (being Laws 1891, Chapter 45, Section 1, as amended) is amended to read:

"77-17-12. HIDES AND EARS TO BE KEPT--INSPECTION-- PENALTY.--[Sec. 6. Any] A person killing or causing to be killed any [bovine cattle or sheep] livestock for his own use or for the use of others or for the purpose in whole or in part of sale or exchange is [hereby] required to keep in his own possession, unchanged and unmutilated and in condition to be easily inspected and examined, all hides [and] or pelts [of such bovine animals, including the] and ears of cattle, sheep and goats, for the period of thirty days after the killing [and of sheep, ten days after the killing] or until inspected by an inspector and shall at any time while [such] the hides or pelts and ears remain in his possession permit [the same] them to be inspected and examined by [any] a sheriff, deputy sheriff [or constable, or by any board or], inspector or other officer authorized by law to inspect any hides and pelts or [animals] livestock, whether dead or alive. [Provided, however, that the provisions of this section shall also apply to the killing by persons engaged in any public roundup of animals for the use in connection with the making of such roundup.] A person who violates the provisions of this section is guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978."

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 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 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. Seizure as authorized by this section shall be restricted to only those livestock being cruelly treated. 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. 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, the magistrate court shall order [a public] the sale of the livestock [to be held at the next scheduled sale or] at fair market value. 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 magistrate court does not find that the owner has so cruelly treated the livestock, the magistrate court shall order the livestock returned to the owner.

C. 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 are 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. 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 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.]"

Section 103. RECOMPILATION.--Sections 77-9-7, 77-9-18 and 77-9-19 NMSA 1978 (being Laws 1895, Chapter 6, Section 3 and Laws 1912, Chapter 55, Section 5 and 6, as amended) are recompiled in Chapter 77, Article 2 NMSA 1978.

Section 104. REPEAL.--Sections 77-2-11, 77-2-20, 77-3-6, 77-3-7, 77-3-19, 77-4-2, 77-4-3, 77-4-6, 77-4-7, 77-6-1 through 77-6-10, 77-8-8, 77-8-9, 77-8-11, 77-8-21, 77-9-1, 77-9-6, 77-9-12, 77-9-17, 77-9-25, 77-9-36, 77-9-37, 77-9-39, 77-9-47, 77-9-48, 77-9-52, 77-9-62, 77-14-1, 77-14-25 through 77-14-34, 77-14-37 through 77-14-39, 77-17-11, 77-17-13, 77-17-15 and 77-17-16 NMSA 1978 (being Laws 1889, Chapter 106, Sections 1 and 20, Laws 1917, Chapter 30, Sections 2 and 3, Laws 1889, Chapter 106, Section 16, Laws 1905, Chapter 31, Sections 2, 3, 6 and 7, Laws 1941, Chapter 150, Sections 1 through 10, Laws 1951, Chapter 188, Sections 17, 21 and 23, Laws 1963, Chapter 129, Section 7, Laws 1884, Chapter 47, Section 1, Laws 1975, Chapter 50, Section 2, Laws 1895, Chapter 6, Section 11, Laws 1912, Chapter 55, Section 3, Laws 1895, Chapter 6, Section 19, Laws 1891, Chapter 34, Section 13, Laws 1899, Chapter 53, Sections 1 and 3, Laws 1929, Chapter 87, Sections 6 and 7, Laws 1933, Chapter 43, Section 2, Laws 1969, Chapter 124, Section 1, Laws 1882, Chapter 42, Section 5, Laws 1927, Chapter 50, Sections 1 through 10, Laws 1921, Chapter 76, Sections 1 through 3, Laws 1884, Chapter 47, Section 22, Laws 1891, Chapter 45, Section 2 and Laws 1899, Chapter 44, Sections 1 and 2, as amended) are repealed.

Section 105. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.