HOUSE BILL 1043

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Patricia A. Lundstrom

AN ACT

RELATING TO HORSES; PROVIDING FOR THE REGISTRATION OF HORSE RESCUE AND RETIREMENT FACILITIES; MAKING AN APPROPRIATION.

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

     Section 1. A new section of The Livestock Code is enacted to read:

     "[NEW MATERIAL] HORSE RESCUE OR RETIREMENT FACILITY--REGISTRATION--BOARD POWERS AND DUTIES--FEES.--

          A. As used in this section, "facility" means a horse rescue or retirement facility, including a reserve or preserve, that provides lifelong care or finds new owners for horses that are unwanted or have been neglected or abused or captured wild horses that cannot be returned to their range.

          B. A facility shall not operate in New Mexico unless registered by the board.

          C. The board shall:

                (1) register facilities that meet the requirements of this section; and

                (2) promulgate rules for facilities, including:

                     (a)  health and sanitary requirements;

                     (b) standards for barns, paddocks, pastures and ranges;

                     (c) qualifications of the facility staff;

                     (d) provision of veterinary care;

                     (e) feeding and watering requirements;

                     (f) transportation; and

                     (g) other requirements necessary to ensure the humane care of horses.

          D. The board may charge the following fees:

                (1) an annual inspection and registration fee of not more than seventy-five dollars ($75.00); and

                (2) a reinspection fee of not more than twenty-five dollars ($25.00).

          E. Fees collected pursuant to this section shall be deposited in the New Mexico livestock board general fund and may be used to carry out the provisions of Sections 1 and 2 of this act."

     Section 2. A new section of The Livestock Code is enacted to read:

     "[NEW MATERIAL] HORSE RESCUE OR RETIREMENT FACILITIES--INSPECTIONS--REINSPECTION.--

          A. Prior to annual registration, each facility shall be inspected.

          B. The board may enter the premises of a facility to conduct unannounced inspections.

          C. If, following an inspection, the board determines that the facility does not meet the board's minimum facility requirements, it shall give the registrant written notice of the deficiencies and schedule a reinspection, allowing a reasonable time for the registrant to correct the deficiencies.

          D. The registrant shall remedy the deficiencies and submit evidence to the board demonstrating compliance with board rules for the facility.

          E. If on reinspection the board determines that the facility is still deficient in those areas for which it has been given written notice, the same action as provided in Subsections C and D of this section shall be taken. If following a third inspection the board again determines the facility is deficient, the board shall hold a hearing as provided in the Uniform Licensing Act to determine if the registration should be suspended or revoked.

          F. If a facility's registration is suspended or revoked, the board shall place the horses in another facility."

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