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SPONSOR: |
HJC |
DATE TYPED: |
|
HB |
610/HJCS |
||
SHORT TITLE: |
Wild Horse Protection Act |
SB |
|
||||
|
ANALYST: |
|
|||||
APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
$180.0 |
Recurring |
Game
Protection Fund |
REVENUE
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
FY03 |
FY04 |
|
|
|
|
Unknown |
|
Recurring |
Game
Protection Fund |
Parenthesis ( ) Indicate Revenue Decreases)
LFC Files
No new agency analysis submitted for Committee
Substitute for HB 610. However, relevant
material in Game and Fish Department’s first analysis of
original HB 610 have been included in this analysis.
SUMMARY
Synopsis
of Bill
House Bill 610 / HJCS creates a new Act, the Wild Horse Protection Act. Pursuant to this Act:
1.
“Wild horse” means a free-roaming and unowned horse, and a “free-roaming horse” is presumed to be
a wild horse if it is not branded, identified by a frees
mark or brand, subject to a registration certificate, or the offspring of a
mare that is not branded, freeze marked, or registered.
2.
Wild horses shall be protected as a
valuable resource of the , and the
3.
No person shall take, possess, impound,
or sell a wild horse, or parts thereof, except as permitted under this Act.
4.
A person violating this Act shall be
guilty of a fourth-degree felony.
5.
A person may impound a wild horse on
property that the person owns or controls only if the wild horse has damaged or
is threatening to damage the person’s property.
However, within 24 hours of impounding the wild horse, the person shall
notify the board of the impoundment.
And, the board shall, within 24 hours of receiving notice, take
possession of the horse.
6.
If following taking possession of a
horse, the board determines the horse is not wild, the board shall
pursue the sale or other disposal of the horse pursuant to the Livestock
Code. If the horse is determined to
be wild, the board shall pursue disposal of the horse pursuant to this Act.
7.
The board shall establish a program for
disposal of wild horses impounded or possessed by the board. This program will:
i.
include procedures to assure the board
that the adoptive owner intends and has the facilities to care for the horse in
a humane manner and will not abuse or destroy the horse.
ii.
include provisions for a fee schedule to
charge adoptive owners. Fees collected
by the board shall first be applied to compensate the owner or lessee of the
land for any damage caused by the wild horse.
Thereafter, the board may reimburse itself for the costs incurred in the
impoundment and adoption processes.
iii.
be permitted to contract with public or
private entities to administer the adoption program.
iv.
be permitted to implement the state
program in coordination with the federal wild horse adoption program.
8.
If the board determines that the horse is
old, sick, lame or otherwise unadoptable, the board
may destroy the horse in the most human manner possible.
9.
Pursuant to a joint powers agreement, the
state may enter into an arrangement with the deferral government.
10.
The New Mexico Wild Horse Protection Act
does not apply to those horses falling under the jurisdiction of the Federal
Government.
The bill also amends a
separate Act for balancing property-owners’ rights with depredation caused by
an animal. The amended Act provide as follows:
11.
Currently, a landowner or lessee may kill
or otherwise “take” an animal on private land in which they have an ownership,
except game birds and fowl, that present an immediate
threat to human life or an immediate threat to property.
This
bill adds wild horses to the exception carved out for game birds and fowl.
12.
Currently, a landowner or lessee may kill
or take an animal on private land in which they have an ownership interest,
except game birds and fowl, that present a threat
to human life or damage to property.
The
bill adds wild horses to the exception carved out for game birds and fowl.
However,
in this second instance of basic threat (not immediate threat) to life
or property, the State Game Commission must put in place regulations that the
landowner/lessee is required to follow in killing or taking an animal under
these circumstances. These regulations
must:
i.
provide a method for filing a complaint
with the Game and Fish Department regarding the existence of a depredation
problem;
ii.
provide for various departmental
interventions, depending upon the type of animal and depredation being caused;
iii.
require the department to offer at least
three interventions, if practical;
iv.
require the department to respond to the
initial and any subsequent complaints within ten days with an intervention
response;
v.
permit the landowner or lessee to reject
(for good cause) the intervention;
vi.
require a landowner or lessee to
demonstrate that the property depredation is greater in value than the value of
any wildlife-related income or fee collected for permission to take or kill an
animal of the same species; and
vii.
permit the landowner or lessee, when
interventions by the department have not been successful and after one year
from the date of the filing of the initial complaint, to kill or otherwise take
the animal.
13.
Finally, the bill also amends the
Livestock Code to provide:
i.
the terms “animals” or “livestock” used
in the code do not include wild horses subject to protection under New Mexico’s
Wild Horse Protection Act; and
ii.
a minor correction to the definition of
bison or buffalo.
Significant
Issues
1. Until 1974, livestock, including wild and free-roaming horses, had been under the authority of the Livestock Board by cooperative agreement. In 1974, state vs. federal jurisdiction was litigated and established.
Currently,
wild horses are afforded protection under the Federal Wild and
Free-Roaming Horses and Burros Act.
In
1994, the New Mexico Attorney General opined that the State Game Commission
lacks jurisdiction over wild horses.
2.
Adoption of this bill would require the State of
3.
Capture related expenses would be significant,
including manpower associated costs (overtime, per diem, etc.), helicopter
fees, veterinary costs (including labor, medication, immunizations, lab fees,
etc.), rental of holding facilities, purchase of relocation equipment, etc.
Captures on
FISCAL IMPLICATIONS
The bill does not have an appropriation.
Section 5 does propose a fee schedule.
The Game and Fish Department anticipates numerous fiscal implications as
follows:
1.
$80.0 will be needed for one additional
FTE to oversee the program.
2.
Any fees collected for adoption costs
would fall short of compensation for damage to private property by trespass
wild horses.
3.
Capture related expenses would be
significant. Please see “Significant Issues”.
4.
Numerous professional services contracts
would be required to administer this program, including veterinary services,
helicopter fees, feed and supplies, rental of facilities to house horses
pending adoption, and the like.
5.
It is estimated that $100.0 annually, in
addition to FTE and service contract funding, would be required to effectively
administer this program to cover costs for equipment, capture and care.
OTHER SUBSTANTIVE ISSUES:
1.
2.
Does the federal law, the Federal Wild
and Free-Ranging Horses and Burros Act, permit state action, or is the state
preempted?
SJM/yr