Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

F I S C A L    I M P A C T    R E P O R T

 

 

 

SPONSOR

SFC

DATE TYPED

2/16/04

HB

 

 

SHORT TITLE

Animal Protective Services Act

SB

306/SFCS

 

 

ANALYST

Wilson

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

See Narrative

 

 

 

Relates to SB51

REVENUE

 

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

 

$5.0

 

Recurring

Animal Care and Facilities Fund

 

SOURCES OF INFORMATION

LFC Files

 

SUMMARY

 

Synopsis of Bill

 

The Senate Finance Committee Substitute for Senate Bill 306 creates the Animal Sheltering Services Act. This bill creates a seven member Animal Sheltering Services Board (ASSB) appointed by the Governor.

 

The APSB will:

 

q       Assist animal shelters by regulating city or county operated or contracted facilities and promulgate rules and regulations using public comment to establish minimum standards and infrastructure for sheltering agencies serving New Mexico communities.

 

q       Establish Licensed Euthanasia Providers who, when sufficiently trained and qualified, shall be licensed at a nominal fee to handle controlled substances for the limited purpose of humanely euthanizing unwanted animals in animal shelters licensed by the APSB.

 

q       Revoke licenses of individuals who are not in compliance with euthanasia practitioner requirement and levy fines for shelters who are not in compliance.

 

q       Develop a statewide spay and neuter plan to address the pet overpopulation crisis, ultimately reducing costs, liability and animal suffering.

 

Significant Issues

 

Animal services are a necessary part of every community in our State, mandated in part by NMSA 77-1-1-20 (specifically NMSA 77-1-12) and proven by the over 90,000 unwanted animals euthanized in New Mexico animal shelters each year. The constant outcry from the public for effective and humane animal services underscores that the cost of implementing humane animal services is the inherent responsibility of each community.

 

Without a safe place to shelter stray, abandoned or unwanted animals there are higher liability risks for the community and administration including:

 

  • An increase in animal bite incidents;
  • An increase in property damage (i.e. livestock depredation, vehicle damage, etc.);
  • Civil and criminal suits when taxpayers allege mistreatment of sheltered animals;
  • Increase in negative human and animal contact when taxpayers do not use or support their local shelter due to lack of faith in conduct and care;
  • An increase in animal shelter costs that will continue to escalate without intervention which can be resolved by a spay and neuter plan;
  • An increase in animal cruelty; and
  • An increase in animal suffering.

 

This bill will not affect the livestock industry, although the number of livestock depredation cases involving domestic dogs should decrease dramatically once citizens know they can trust their local shelter to humanely care for and dispose of stray or unwanted animals. If livestock inspectors choose to collaborate with animals shelters, they can benefit from the infrastructure created by the ASSB.

           

A critical responsibility for those in the animal care and sheltering field is to provide the most humane death possible for companion animals when euthanasia is necessary. In order to be humane, every euthanasia technique must result in painless, rapid unconsciousness, followed by cardiac or respiratory arrest, and ultimately death.

FISCAL IMPLICATIONS

This bill creates the Animal Care and Facility Fund (ACFF). The fees and civil fines collected by the APSB shall be deposited into this fund. The ACFF may accept gifts, grants and donations. The ACFF shall be used by the ASSB to implement the provisions of this bill.  The ACFF shall not revert funds to the General Fund.

 

This bill creates a new fund and provides for continuing appropriations.  The LFC objects to including continuing appropriation language in the statutory provisions for newly created funds.  Earmarking reduces the ability of the legislature to establish spending priorities.

 

RLD estimates annual revenues to the ACFF from fees and fines will be less than $5.0.

 

ADMINISTRATIVE IMPLICATIONS

 

The APSB will be administratively attached to the RLD.  The APSB will hire one administrator, one investigator and one veterinary specialist or euthanasia service provider to carry out the functions of the board.

 

RELATIONSHIP

 

SB306 relates to SB51 by incorporating the humane euthanasia requirements contained in that bill.

 

OTHER SUBSTANTIVE ISSUES

 

RLD believes the State needs to have standards in place for promoting clean, safe and healthy living conditions for animals housed in public animal shelter facilities.  In addition, the State must have procedures in place to implement humane euthanasia practices in all public animal shelter facilities.  

 

DW/prr:lg