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

SPONSOR Komadina

ORIGINAL DATE

LAST UPDATED

02/12/07

02/25/07 HB

SHORT TITLE Wild Horse Testing, Adoption and Euthanasia

SB 655/aSCONC

ANALYST Williams

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total $100.0-

$250.0 $150.0-

350.0 $200.0

$450.0-

$800.0 Recurring

NM

Livestock

Board

Operating

Budget

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Higher Education Department (HED)

New Mexico Department of Agriculture (NMDA)

New Mexico Livestock Board (NMLB)

SUMMARY

Synopsis of SCONC Amendment

The Senate Conservation Committee amendment would reprioritize the process of determining

whether the horse qualifies as a Spanish colonial horse, as follows:

Original: Deoxyribonucleic acid, history and conformation

Amendment: Conformation, history and deoxyribonucleic acid

Senate Bill 655/aSCONC – Page

2

Synopsis of Original Bill

Senate Bill 655 authorizes testing of wild horses on public lands to positively identify horses of

Spanish Colonial origin and provide for preserves for these horses.

The bill defines “public land" as that which does not include federal land controlled by the

bureau of land management, the forest service or state trust land.

The bill requires testing of horses by deoxyribonucleic acid, as well as review of history and

conformation when captured on public land. In the case of Spanish colonial wild horses, they

must be relocated to a state or private wild horse preserve created for this purpose. If not a

Spanish colonial horse, then the horse will be returned to public land, relocated to a public or

private wild horse preserve or made available for adoption by the agency on whose land the

horse was caught.

The University of New Mexico Museum of Southwestern Biology, Mammal Division would

oversee DNA testing of wild horses and would determine if a wild horse herd exceeds the

number of horses needed to preserve the genetic stock of the herd balanced again preservation

and maintenance of the range. If the wild horse population exceeds carrying capacity, then the

division is authorized to provide for the control of wild horse herds through birth control

mechanisms. Further, for horses beyond the determined carrying capacity, the bill authorizes

relocation, adoption and euthanasia by a veterinarian for crippled or unhealthy horses, and allows

for adoption.

FISCAL IMPLICATIONS

Senate Bill 655 does not contain an appropriation.

SIGNIFICANT ISSUES

NMDA notes “current genetic science is not capable of providing sufficient distinction as per

stipulations in the proposed bill; hence, other means, (i.e. confirmation, history) may have to be

relied on more heavily. Completion of the equine genome may provide additional genetic

capabilities in the future." The genetic distinctions and objectives of the bill cannot be met.

NMLB notes the legislation does not address humane handling, health care, impoundment costs

and holding costs, and the cost of DNA testing and birth control for these horses.

NMDA discusses the definition of “public land". There are very few places that these horses can

be captured or relocated as defined.

NMLB notes wild horses are under the jurisdiction of the United States Department of

Agriculture and the United States Department of the Interior.

ADMINISTRATIVE IMPLICATIONS

There may be an additional administrative and operating costs to maintain preserves, as well as

acquisition costs for rangeland for these horses.

Senate Bill 655/aSCONC – Page

3

NMLB notes the agency will be called upon to inspect and verify ownership and verify humane

handling. Further, NMLB discusses costs in the areas of livestock inspectors, gathering and

holding equipment, animal health testing and movement control, trucks and trailers for

movement, holding facilities and care for ill and infirm animals, and veterinarian oversight for

verification of humane handling. Estimated administrative costs for NMLB are $100 to $250

thousand in FY07 and would escalate in the out years. These estimates are based on increased

livestock inspector compensatory time and past expenditures incurred handling estrays and

neglected and abandoned animals.

TECHNICAL ISSUES

NMDA suggests a change to the definition of Spanish colonial horse. As defined in this bill,

potentially wild horse on the North American range would qualify. NMLB notes the definition

of wild horse conflicts with federal guidelines.

NMLB notes the bill may conflict with current livestock statutes and current state and federal

guidelines for unclaimed horses.

OTHER SUBSTANTIVE ISSUES

NMDA and NMLB note evaluations of rangeland carrying capacity should be performed by

professional range scientists. Genetic concerns are within the purview of the Museum of

Southwestern Biology.

AW/nt