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

SPONSOR SFC

DATE TYPED 3/12/05

HB

SHORT TITLE Animal Sheltering Services Act

SB 414/SFCS/aSFl#1

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$0.1

Recurring

Animal Care

and Facility

Fund

REVENUE

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY05

FY06

$0.1

Recurring

Animal Care and

Facility Fund

(Parenthesis ( ) Indicate Revenue Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of SFl#1 Amendment

The Senate Floor amendment #1 to the Senate Finance Committee substitute for Senate Bill 414

removes the language making an appropriation to conform to the substitute bill which does not

contain an appropriation.

Synopsis of Original Bill

The Senate Finance Committee substitute for Senate Bill 414 enacts the Animal Sheltering Ser-

vices Act. The purpose of the Animal Sheltering Services Act is to promote safe, healthy and

clean living conditions for animals housed in animal shelters, to license euthanasia providers and

euthanasia agencies and to certify euthanasia instructors.

The Animal Sheltering Services Board is created. The board shall be attached to the Regulations

Senate Bill 414/SFCS/aSFl#1 -- Page 2

& Licensing Department (RLD) and it shall consist of nine members as follows:

o

one animal shelter employee with training and education in euthanasia;

o

one licensed veterinarian who has provided paid or unpaid services to an animal shelter;

o

one representative from a nonprofit animal advocacy group;

o

one member of the public;

o

an employee of the animal shelter industry;

o

one representative of the New Mexico association of counties;

o

one representative of the New Mexico municipal league;

o

one member of a rescue organization; and

o

one member of an all-breed kennel club.

Senate Bill 414 creates the animal sheltering services board, which is administratively attached

to RLD and provides for its membership, procedures, powers and duties. Those powers and du-

ties shall include, among others,

•

issuing licenses to, and prescribing the requirements for, euthanasia providers,

•

issuing licenses to, establishing operating rules for, and inspecting, euthanasia agencies

•

issuing certificates to, and prescribing the requirements for, euthanasia instructors,

•

establishing recommended standards for infrastructure and operations for animal shelters,

•

conducting administrative hearings and issuing administrative penalties for violations of

the Act

•

establishing fees, not to exceed $150, for licenses and certificates

•

developing pet sterilization and community outreach plans for animal shelters and eutha-

nasia agencies

•

disbursing money from the animal care and facility fund to animal shelters

This bill provides for violations of the Act and establishes enforcement procedures, allowing the

Board to issue cease-and-desist orders and to seek injunctive relief for practices in violation of

the Act. The bill provides that a person who engages in acts that require a license or certificate

without the required license or certificate is guilty of a misdemeanor. The bill also provides for

the revocation of licenses and the issuance of administrative penalties for violations of the Act.

Significant Issues

According to Animal Protection Voters, animal shelters in New Mexico currently have no stan-

dards for animal care, employee conduct, humane animal handling, humane education or humane

disposition of animals.

The bill requires that RLD hire at a minimum three employees to execute the daily operations of

the board. RLD indicates that these employees would be a board administrator, a compliance

officer and a veterinarian. However, it may be overly prescriptive to establish the minimum

number of employees to be hired by RLD.

The bill specifies that the board can establish fees for required licenses and certificates.

Senate Bill 414/SFCS/aSFl#1 -- Page 3

FISCAL IMPLICATIONS

This bill contains no appropriation. In order to fulfill the requirements of this bill an appropria-

tion will be needed.

The bill creates the animal sheltering and services board, which will be administratively attached

to RLD. Unlike many other regulatory boards, this board will not be self-funded through license

and certification fees, but rather, will be funded from a general fund appropriation. Revenues

from fees will be deposited in the animal care and services fund and distributed by RLD to ani-

mal shelters.

Continuing Appropriations

This bill creates a new fund and provides for continuing appropriations. The LFC objects to in-

cluding continuing appropriation language in the statutory provisions for newly created funds.

Earmarking reduces the ability of the legislature to establish spending priorities.

The funds that will be earmarked for distribution to animal shelters.

ADMINISTRATIVE IMPLICATIONS

RLD staff should be able to handle the start up of the responsibilities contained in this bill with

existing personnel.

DW/lg:rs