HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 1043

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

AN ACT

RELATING TO HORSES; PROVIDING FOR THE REGISTRATION OF AND SETTING STANDARDS FOR 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;

                (2) annually consult with representatives from the equine industry, equine rescue organizations and veterinarians on facility standards; and

                (3) after consideration of recommendations by national organizations for the care of unwanted horses and equine rescue and retirement facilities, 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 initial inspection and registration fee of not more than five hundred dollars ($500);

                (2) an annual inspection and registration fee of not more than one hundred dollars ($100); and

                (3) reinspection fees of not more than one hundred dollars ($100).

          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 in accordance with board rules.

          B. The board or its agents 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 horses may be impounded in accordance with the provisions of Section 77-18-2 NMSA 1978 and 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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