SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE BILL 326

50th legislature - STATE OF NEW MEXICO - second session, 2012

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; ELIMINATING THE NEW MEXICO LIVESTOCK BOARD AND MOVING FUNCTIONS TO THE NEW MEXICO DEPARTMENT OF AGRICULTURE; PROVIDING FOR RULES TO BE ADOPTED BY THE BOARD OF REGENTS OF NEW MEXICO STATE UNIVERSITY; TRANSFERRING FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, FUNDS, RECORDS, FURNITURE, EQUIPMENT, OTHER PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.

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

     SECTION 1. Section 7-36-21 NMSA 1978 (being Laws 1973, Chapter 258, Section 22, as amended) is amended to read:

     "7-36-21. SPECIAL METHOD OF VALUATION--LIVESTOCK.--

          A. All livestock located in the state on January 1 of the tax year shall be valued for property taxation purposes as of January 1.

          B. All livestock not located in the state on January 1 but brought into the state and located there for more than twenty days subsequent to January 1 shall be valued for property taxation purposes as of the first day of the month following the month in which they have remained in the state for more than twenty days.

          C. The owner of livestock subject to valuation for property taxation purposes shall report the livestock for valuation to the county assessor of the county in which they are located on the valuation date specified in [Subsections] Subsection A or B of this section. However, if an importation or movement report is made by the [livestock board] New Mexico department of agriculture under the provisions of Section [72-31-45 NMSA 1953] 7-38-45 NMSA 1978, the owner of livestock is relieved of [his] the responsibility to report the livestock covered by the [livestock board] report, and that report fulfills the owner's responsibility for reporting the livestock under this section. The owner's report shall be in a form and contain the information required by taxation and revenue department regulations and shall be made no later than:

                (1) the last day of February for livestock required to be valued as of the first day of January or February of the tax year; or

                (2) ten days after the valuation date determined under Subsection B of this section for livestock required to be valued as of dates other than those in Paragraph (1) of this subsection.

          D. The department shall establish for each tax year the various classes of livestock and the value of each class. This determination shall be implemented by an order of the [director] secretary, and the order shall be made no later than December 1 of the year prior to the tax year to which the classification and values apply.

          E. The department shall adopt regulations for the allocation of value of livestock, which regulations shall provide for:

                (1) a basic allocation formula that prorates value on the basis of the amount of time that livestock are in the state and subject to valuation for property taxation purposes;

                (2) determining proration of value under Paragraph (1) of this subsection using estimates of the amount of time that livestock will be in the state to cover those situations in which livestock are imported for an indeterminate time during a tax year or in which resident livestock are exported for an indeterminate time during a tax year but are returned during the same tax year; and

                (3) a method of allocating value of livestock, both resident and transient, among different governmental units when the livestock range on land in more than one governmental unit.

          F. Any person who intentionally refuses to make a report required [of him] under this section or who knowingly makes a false statement in a report required under this section is guilty of a misdemeanor and shall be punished by the imposition of a fine of not more than one thousand dollars ($1,000).

          G. Any person who fails to make a report required [of him] under this section is liable for a civil penalty in an amount equal to five percent of the property taxes ultimately determined to be due on the property for the tax year or years for which [he] the person failed to make the required report.

          H. Any person who intentionally refuses to make a report required [of him] under this section with the intent to evade any tax or who fails to make a report required [of him] under this section with the intent to evade any tax is liable for a civil penalty in an amount equal to twenty-five percent of the property taxes ultimately determined to be due on the property for the tax year or years for which [he] the person refused or failed to make the required report.

          I. The civil penalties authorized under Subsections G and H of this section shall be imposed and collected at the time and in the manner that the tax is imposed and collected. In order to assist in the imposition and collection of the penalties, the person having responsibility for determining the value of the property shall make an entry in the valuation records indicating the liability for any penalties due under this section."

     SECTION 2. Section 7-38-45 NMSA 1978 (being Laws 1973, Chapter 258, Section 85, as amended) is amended to read:

     "7-38-45. SPECIAL PROVISIONS RELATING TO ADMINISTRATION OF TAXES ON LIVESTOCK.--

          A. The New Mexico [livestock board] department of agriculture shall furnish to the taxation and revenue department who shall forward to the county assessor of each county information obtained by it about the number, name and address of owner, description, movement, origin and destination of livestock being moved into and from any county. All such information shall be sent in duplicate to the county assessor into or from whose county livestock are being moved. Upon receipt of the information, the assessor shall send the duplicate to the taxation and revenue department with a notation indicating the date on which it was received. The [livestock board] New Mexico department of agriculture report made under this section fulfills the livestock owner's responsibility to make a report of the livestock under Section [72-29-10 NMSA 1953] 7-36-21 NMSA 1978.

          B. Notwithstanding any other provision in the Property Tax Code to the contrary, either the county assessor or the [director] secretary may:

                (1) determine the value of livestock for property taxation purposes at any time the livestock are subject to valuation under the Property Tax Code whether or not the owner of the livestock or any other person has reported them for valuation;

                (2) issue a notice of valuation of livestock at any time after a determination of valuation has been made of livestock for property taxation purposes;

                (3) prepare and deliver a tax bill and collect taxes on livestock at any time after a notice of valuation has been issued when there is reasonable cause to believe that it would jeopardize the collection of the taxes if the regular tax collection cycle in the Property Tax Code [was] were followed; and

                (4) issue a demand warrant to enforce collection of taxes on livestock as delinquent taxes if there is reasonable cause to believe that the livestock may be moved out of the state prior to the payment of taxes and proceed to collect the taxes as delinquent taxes by sale of the livestock in accordance with Sections [72-31-53 through 72-31-59 NMSA 1953] 7-38-53 through 7-38-59 NMSA 1978.

          C. In the preparation of a tax bill under this section, the assessor or [director] secretary may determine the tax due on the basis of the prior year's tax rates if the current year's tax rates have not yet been set. Taxes determined on livestock under this section are due when the tax bill is delivered to the owner or the person in charge of the livestock and are delinquent if not paid upon demand. Payment of taxes determined on the basis of the prior year's tax rates constitutes full payment of the taxes on the livestock for the current tax year."

     SECTION 3. Section 77-2-1.1 NMSA 1978 (being Laws 1993, Chapter 248, Section 2, as amended by Laws 2001, Chapter 8, Section 2 and also by Laws 2001, Chapter 341, Section 2) is amended to read:

     "77-2-1.1. DEFINITIONS.--As used in The Livestock Code:

          A. "animals" or "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch, including the carcasses thereof, and exotic animals in captivity and includes horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae upon any land in New Mexico; provided that for the purposes of Chapter 77, Article 9 NMSA 1978, "animals" or "livestock" have the meaning defined in that article. "Animals" or "livestock" does not include canine or feline animals. For the purpose of the rules governing meat inspection, wild animals, poultry and birds used for human consumption shall also be included within the meaning of "animals" or "livestock";

          B. "bill of sale" means an instrument in substantially the form specified in The Livestock Code by which the owner or [his] the owner's authorized agent transfers to the buyer the title to animals described in the bill of sale;

          C. "bison" or "buffalo" means a bovine animal of the species bison;

          D. "board" means the New Mexico [livestock board] department of agriculture;

          E. "board of regents" means the board of regents of New Mexico state university;

          [E.] F. "bond" means cash or an insurance agreement from a New Mexico licensed surety or insurance corporation pledging surety for financial loss caused to another, including certificate of deposit, letter of credit or other surety as may be approved by the grain inspection, packers and stockyards administration of the United States department of agriculture [packers and stockyards administration] or the [board] department;

          [F.] G. "brand" means a symbol or device in a form approved by and recorded with the [board] department as may be sufficient to readily distinguish livestock should they become intermixed with other livestock;

          [G.] H. "brand inspector" means an inspector who is not certified as a peace officer;

          [H.] I. "carcasses" means dead or dressed bodies of livestock or parts thereof;

          [I.] J. "cattle" means animals of the genus bos, including dairy cattle, and does not include any other kind of livestock;

          [J.] K. "dairy cattle" means animals of the genus bos raised not for consumption but for dairy products and distinguished from meat breed cattle;

          L. "department" means the New Mexico department of agriculture;

          [K.] M. "director" means the [executive] director of the [board] department;

          [L.] N. "disease" means a communicable, infectious or contagious disease;

          [M.] O. "district" means a livestock inspection district;

          [N.] P. "estray" means livestock found running at large upon public or private lands, either fenced or unfenced, whose owner is unknown, or that is branded with a brand that is not on record [in the office of the board] with the department or is a freshly branded or marked offspring not with its branded or marked mother, unless other proof of ownership is produced;

          [O.] Q. "inspector" means a livestock or brand inspector;

          [P.] R. "livestock inspector" means a certified inspector who is granted full law enforcement powers for enforcement of The Livestock Code and other criminal laws relating to livestock;

          [Q.] S. "mark" means an ear tag or ownership mark that is not a brand;

          [R.] T. "meat" means the edible flesh of poultry, birds or animals sold for human consumption and includes livestock, poultry and livestock and poultry products;

          [S.] U. "mule" means a hybrid resulting from the cross of a horse and an ass; and

          [T.] V. "person" means an individual, firm, partnership, association, corporation or similar legal entity."

     SECTION 4. Section 77-2-2 NMSA 1978 (being Laws 1967, Chapter 213, Section 2) is amended to read:

     "77-2-2. NEW MEXICO LIVESTOCK BOARD [CREATED]--TRANSFER OF POWERS--TRANSFER OF PROPERTY.--

          A. In order to achieve the purposes set forth in Section [1, there is hereby created a board to be known as the "New Mexico livestock board"] 72-2-1 NMSA 1978, the [New Mexico livestock] department, under the control of the board of regents, shall have all powers [which] that have [heretofore] been held by the cattle sanitary board, [or] the sheep sanitary board and the New Mexico livestock board and those powers are [hereby] transferred to the [New Mexico livestock] board of regents or department as provided in The Livestock Code.

          [B. Wherever in the New Mexico Statutes Annotated, 1953 Compilation the term "board" or "sanitary board" is used in relation to the sheep sanitary board or the cattle sanitary board, it shall mean the New Mexico livestock board. Wherever in the New Mexico Statutes Annotated, 1953 Compilation the terms "sheep sanitary board" or "cattle sanitary board" are used, it shall mean the New Mexico livestock board.

          C. Wherever in the New Mexico Statutes Annotated, 1953 Compilation, the term "secretary", "secretary of the board", "secretary of the sheep sanitary board", "secretary of the cattle sanitary board" or any similar term is used in relation to the secretary of the sheep sanitary board or the secretary of the cattle sanitary board, it shall mean the executive director of the New Mexico livestock board.

          D.] B. All appropriations, money, books, records, property and equipment of the [sheep sanitary board and the cattle sanitary] New Mexico livestock board are transferred to the [New Mexico livestock board] department."

     SECTION 5. Section 77-2-5 NMSA 1978 (being Laws 1967, Chapter 213, Section 5) is amended to read:

     "77-2-5. REPORT OF [BOARD] DEPARTMENT.--It [shall be] is the duty of the [board] department during the first week in December of each year to transmit to the board of regents and the governor a report of its activities related to The Livestock Code for the previous calendar year. This report shall contain a detailed account of all of the receipts and expenditures of money by the [board] department together with other facts relating to the livestock industry in New Mexico [which] that may be of public interest. The report of the [board] department shall be transmitted by the governor to the legislature."

     SECTION 6. Section 77-2-7 NMSA 1978 (being Laws 1967, Chapter 213, Section 6, as amended) is amended to read:

     "77-2-7. ADDITIONAL POWERS OF THE [BOARD] DEPARTMENT.--In addition to the powers transferred from the cattle and sheep sanitary boards and the New Mexico livestock board, the [board] department, under the control of the board of regents, may:

          A. exercise general regulatory supervision over the livestock industry of this state in order to protect the industry from theft and diseases and in order to protect the public from diseased or unwholesome meat or meat products;

          [B. appoint and fix the salary of an executive director who shall file an oath and be bonded in an amount fixed by the board. The director shall manage the affairs of the board under the direction of the board. He shall be chosen solely on qualifications and fitness for the office. He shall devote his entire time to the duties of the office;

          C. employ clerical help, provide office space and purchase equipment, including vehicles;

          D.] B. employ [livestock] inspectors [and brand inspectors] and other personnel necessary to carry out the purposes of The Livestock Code. All livestock inspectors appointed by the [board] department shall have the same powers as any other peace officer in the enforcement of that code;

          [E.] C. appoint a state veterinarian and subordinate veterinarians as are necessary to carry out the duties of the [board] department;

          [F.] D. request the board of regents to adopt and promulgate rules to control the importation and exportation of animals;

          [G.] E. establish livestock inspection districts;

          [H.] F. establish quarantine, provide its boundaries and give notice of the quarantine and do all other things necessary to effect the object of the quarantine and to protect the livestock industry of this state from disease and prevent the spread of disease;

          [I.] G. request the board of regents to adopt and promulgate rules for meat inspection, including the slaughter and disposition of the carcasses of livestock affected with diseases when the action appears necessary to prevent the spread of any contagion or infection among livestock;

          [J.] H. request the board of regents to adopt and promulgate rules governing the importation, manufacture, sale, distribution or use within the state of [serums, vaccine] sera, vaccines and other biologicals intended for diagnostic or therapeutic uses with livestock and regulate the importation, manufacture or use of virulent blood or living virus of any diseases affecting livestock;

          [K.] I. request the board of regents to set fees or charges, not to exceed one hundred dollars ($100) per call, for any services rendered by the [board] department or its employees that are deemed necessary by the [board] department and for which no fee has been set by statute;

          [L.] J. consider the views of the livestock industry in the administration of The Livestock Code;

          [M.] K. request the board of regents to adopt and promulgate rules to otherwise carry out the purposes of The Livestock Code;

          [N.] L. with the approval of the board of regents hold hearings and subpoena witnesses for the purpose of investigating or enforcing The Livestock Code or rules established pursuant to that code; and

          [O.] M. request the board of regents to enter into joint powers agreements with Indian nations, tribes or pueblos to promote cooperation in carrying out the provisions of The Livestock Code."

     SECTION 7. Section 77-2-7.1 NMSA 1978 (being Laws 1895, Chapter 6, Section 3, as amended) is amended to read:

     "77-2-7.1. BRANDS--SUBJECT TO CHANGE IN OWNERSHIP--FEES FOR TRANSFER.--Brands recorded in accordance with the provisions of Section [77-9-10] 77-2-7.4 NMSA 1978 are personal property of the person in whose name they are recorded. Ownership may be transferred in the same manner as other personal property. The fee for recording a transfer of ownership with the director [of the New Mexico livestock board] shall be a sum fixed by the board of regents not to exceed the amount prescribed by law."

     SECTION 8. Section 77-2-7.2 NMSA 1978 (being Laws 1895, Chapter 6, Section 4, as amended) is amended to read:

     "77-2-7.2. REGISTRATION OF BRANDS AND MARKS--[BOARD] DEPARTMENT.--[Except as otherwise authorized by the board] The [board] department is the sole authority for the registration of brands, marks or electronic identification on livestock in this state."

     SECTION 9. Section 77-2-7.3 NMSA 1978 (being Laws 1895, Chapter 6, Section 5, as amended) is amended to read:

     "77-2-7.3. BRAND BOOKS.--The [board] department shall keep a suitable record of all registered brands, marks and electronic identification used for the identification of livestock in this state."

     SECTION 10. Section 77-2-7.4 NMSA 1978 (being Laws 1895, Chapter 6, Section 9, as amended) is amended to read:

     "77-2-7.4. RECORDING BEFORE USE--RECORDING FEE--CONFLICTING BRANDS.--

          A. A brand shall not be used until recorded. A facsimile of the brand and a recording fee fixed by the board of regents shall be forwarded to the director. One certified copy of the recorded brand shall be furnished to the owner of the brand by the director when the brand is recorded.

          B. The director shall immediately record the brand unless it has been recorded previously or conflicts with a prior recorded brand. In that event, the director shall return the facsimile unrecorded and charge a fee for the research.

          C. Additional certified copies of brands recorded may be obtained from the director by the payment of a fee to be fixed by the board of regents in a sum not to exceed the amount prescribed by law."

     SECTION 11. Section 77-2-7.5 NMSA 1978 (being Laws 1905, Chapter 30, Section 1, as amended) is amended to read:

     "77-2-7.5. FEES--DISPOSITION.--The fees for recording or researching brands and for furnishing certified copies of the recording or research shall be placed to the credit of the [New Mexico] livestock [board interim] receipts and disbursements fund."

     SECTION 12. Section 77-2-7.6 NMSA 1978 (being Laws 1895, Chapter 6, Section 12, as amended) is amended to read:

     "77-2-7.6. BRAND BOOK.--The director shall publish a brand book in which shall be given a facsimile [or copy] of all brands recorded in the office of the [board] department, together with the owner's name and address. The [board] department may publish if it deems best to do so a limited number of brand books in addition to the number required by the provisions of this section and to sell them for such price as the board of regents considers reasonable and proper. The price shall not be less than the actual cost."

     SECTION 13. Section 77-2-7.9 NMSA 1978 (being Laws 1912, Chapter 55, Section 2, as amended) is amended to read:

     "77-2-7.9. FILING OF FACSIMILE--DESIGNATION OF BRANDS--HOLDING BRAND RENEWAL AND FEE--BRANDING INCREASE--OFFENSES--PENALTY.--An owner of livestock desiring to use in branding a brand not already recorded [in the office of the board] with the department shall file with the director a facsimile of the desired brand. The owner may record the desired [brands] brand as a holding [brands] brand upon livestock so owned upon furnishing to the director a full description as to the number, class and locality of all livestock branded with the holding brand. A recorded holding brand may be used also on a show animal. A fee shall be charged for the recording of a holding brand, which recording shall be valid for a period of one year or until the described livestock depart the state, whichever comes first. The recording may be renewed for additional years by the payment of a fee at each yearly renewal; provided that it is unlawful for the owner to brand the increase of such livestock in any other brand than the recorded brand of the owner except in the case of mortgaged livestock as provided in Section [77-9-14 NMSA 1978, as recompiled] 77-2-7.7 NMSA 1978. A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense."

     SECTION 14. Section 77-2-7.10 NMSA 1978 (being Laws 1912, Chapter 55, Section 5, as amended) is amended to read:

     "77-2-7.10. BRANDS--[BOARD] DEPARTMENT MAY REJECT.--The [board shall have] department has the power to reject any brand offered for record [under] pursuant to the provisions of Section [77-9-16] 77-2-7.9 NMSA 1978 when upon satisfactory evidence it is shown to the [board] department that the same is offered for or is of such character that may be used for malicious or deceptive purposes or is not in conformity with the provisions of Section [77-9-16] 77-2-7.9 NMSA 1978."

     SECTION 15. Section 77-2-7.11 NMSA 1978 (being Laws 1912, Chapter 55, Section 6, as amended) is amended to read:

     "77-2-7.11. BRAND--PRIORITY OF RIGHT TO.--The time of record of any brand by the owner in the county wherein the brand was originally recorded before the creation of the New Mexico livestock board shall determine the priority of right and property in the brand and not the time of filing with the New Mexico livestock board, provided the brand has been continuously used from the date of original record."

     SECTION 16. Section 77-2-7.12 NMSA 1978 (being Laws 1923, Chapter 146, Section 1, as amended) is amended to read:

     "77-2-7.12. RE-RECORDING OF BRANDS--NOTICE--PUBLICATION--FEES.--

          A. The [board] department shall cause all brands now on record to be re-recorded whenever the [board] department deems necessary to clear records of unused brands. For this purpose, the [board] department shall mail a notice, addressed to each owner of a brand now of record with the [board] department at the current address shown on the brand record, requiring the owners of brands to file with the director any brand being on record to the owners. In addition to this notice, the [board] department shall publish in either English or Spanish or both in at least one newspaper in each county in this state where there is a newspaper a copy of the notice to re-record. The publication shall continue for at least four consecutive weeks.

          B. Within three months from the date of the first publication of the notice to re-record, owners of brands of record in the [office of the board] department shall file with the director the brands in actual use and recorded by them and pay the re-recording fee. The fees shall be deposited in the proper fund of the [board] department. Re-recording shall not be required more often than once in a three-year period."

     SECTION 17. Section 77-2-8 NMSA 1978 (being Laws 1969, Chapter 177, Section 1, as amended) is amended to read:

     "77-2-8. RESEARCH AND PROMOTION OF MEAT AND MEAT PRODUCTS.--The [board] department may enter into contracts for research into and promotion of meat and meat products. The contracts shall carry provisions for financing, and the [board] department may accept and expend voluntary contributions from any source to finance the contracts. The provisions of this section shall not apply to or include cattle coming out of feed lots."

     SECTION 18. Section 77-2-9 NMSA 1978 (being Laws 1967, Chapter 213, Section 8, as amended by Laws 2001, Chapter 8, Section 3 and also by Laws 2001, Chapter 341, Section 3) is amended to read:

     "77-2-9. REPORTS OF INSPECTORS--PROSECUTION OF VIOLATIONS OF LIVESTOCK LAWS.--

          A. The [board] department shall keep reports of its veterinarians and inspectors in accordance with the Public Records Act.

          B. The [board] department shall assist in the prosecution of persons charged with the violation of the livestock laws, including criminal laws relating to livestock, and may call upon a livestock inspector or other peace officer to execute its orders, and when it does, the peace officer shall obey the order of the [board] department.

          C. Livestock inspectors may arrest persons found in the act or whom they have probable cause to believe to be guilty of driving, holding or slaughtering stolen livestock; of violating the inspection laws of the state; or of violating any provision of Chapter 30, Article 18 NMSA 1978 relating to livestock or other criminal law relating to livestock."

     SECTION 19. Section 77-2-13 NMSA 1978 (being Laws 1891, Chapter 34, Section 9, as amended) is amended to read:

     "77-2-13. RECORDS--CERTIFIED COPY EVIDENCE.--The records required to be kept by the [director] department, including inspector reports, shall be maintained by the [board] department in a readily available manner, and a certified copy of [any such] the records under the hand and seal of the director or the verified oath of an inspector shall be prima facie evidence in all courts of this state of the truth of any fact required to be recorded therein."

     SECTION 20. Section 77-2-15 NMSA 1978 (being Laws 1937, Chapter 205, Section 2, as amended) is amended to read:

     "77-2-15. SPECIAL TAXES--LEVY--COLLECTION.--

          A. Each year the board of county commissioners of each county shall at its first meeting after the return of the assessment of the property for taxation by the county assessors of each county, levy a special tax at a rate to be fixed each year by the [New Mexico livestock] board of regents. Subject to the provisions of Section 7-37-7.1 NMSA 1978, the [New Mexico livestock board] department shall, in each year, order the levy of a tax on livestock at a rate not to exceed ten dollars ($10.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code, of the livestock. The [New Mexico livestock board] department may set different rates for individual classes of livestock.

          B. The order imposing the levy of the tax shall be made on or before June 30 in each year and shall be certified to the department of finance and administration by the director. The department of finance and administration shall certify the amount of the levy to the board of county commissioners of each county, and the board of county commissioners shall include the levy in its annual levy of taxes. The special tax shall be collected in each county and paid to the state treasurer in the manner provided by law for the collection and payment of other state taxes. Such funds shall be remitted to the [New Mexico livestock board] department for deposit in the [interim] livestock receipts and disbursements fund."

     SECTION 21. Section 77-2-16 NMSA 1978 (being Laws 1915, Chapter 85, Section 1, as amended) is amended to read:

     "77-2-16. FINANCIAL REPORT AND TAX ESTIMATE--STATE LEVY--MAXIMUM RATE.--It is the duty of the [board] department on or before June 30 of each year to make and file with the department of finance and administration a report and estimate showing the amount of money in the custody or under the control of the [treasurer of the board] department related to The Livestock Code, the estimated receipts from all sources and the actual and estimated expenditures for the current fiscal year. The department of finance and administration shall annually, at the time and in the manner of certifying rates under the Property Tax Code, certify a rate and impose a levy upon all cattle, horses, mules, asses, sheep, goats and buffalo in every county in the state, provided that such levy shall not exceed the amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978."

     SECTION 22. Section 77-2-17 NMSA 1978 (being Laws 1915, Chapter 85, Section 2, as amended) is amended to read:

     "77-2-17. PAYMENT OF TAX COLLECTIONS TO STATE TREASURER--DISBURSEMENT.--The special tax provided by Section 77-2-16 NMSA 1978 shall be assessed and collected in every county and paid over to the state treasurer as provided by law for the assessment, collection and payment of other state taxes, and all money so collected and paid over on account of such special tax levies shall be transferred each month to the [board] department for deposit in the [interim] livestock receipts and disbursements fund and shall be used for fees, salaries, wages, costs and expenses as provided for by laws relating to the powers, duties and expenditures of the [board] department related to its duties under The Livestock Code."

     SECTION 23. Section 77-2-21 NMSA 1978 (being Laws 1893, Chapter 67, Section 3, as amended) is amended to read:

     "77-2-21. FEES.--All fees and charges collected pursuant to the provisions of The Livestock Code shall be paid to the [executive] director [of the board] to be deposited in the [New Mexico] livestock [board general] receipts and disbursements fund [hereby created]. All fees and charges deposited in the [New Mexico livestock board general] fund may be expended [in accordance with a budget approved by the department of finance and administration] to carry out the provisions of The Livestock Code."

     SECTION 24. Section 77-2-22 NMSA 1978 (being Laws 1933, Chapter 53, Section 2, as amended) is amended to read:

     "77-2-22. PENALTY FOR VIOLATING RULE.--Any person who violates a rule adopted [under the power granted to the board] by the board of regents pursuant to The Livestock Code unless the penalty has been fixed by law is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

     SECTION 25. Section 77-2-25 NMSA 1978 (being Laws 1959, Chapter 291, Section 2, as amended) is amended to read:

     "77-2-25. [INTERIM] LIVESTOCK RECEIPTS AND DISBURSEMENTS FUND CREATED.--[There is created] The "[interim] livestock receipts and disbursements fund" is created. All money received by the [board] department from tax levies authorized by [this article] Chapter 77, Article 2 NMSA 1978 shall be credited to [this] the fund and deposited in a designated bank in the name of the [board. Money shall be disbursed from this fund only upon a warrant issued by the executive director in the name of the board] department. Disbursements may be made to pay necessary expenses and obligations of the [board] department, which include expenses for salaries, supplies, equipment, rent on office space or other goods and services, in accordance with a budget approved by the [department of finance and administration] board of regents. The [board] department shall prescribe any additional administrative procedure necessary to administer [this] the fund."

     SECTION 26. Section 77-2-26 NMSA 1978 (being Laws 1959, Chapter 291, Section 3, as amended) is amended to read:

     "77-2-26. [BOARD] DEPARTMENT NOT TO BE ASSESSED FOR GENERAL ADMINISTRATIVE OVERHEAD.--No appropriation for the [board] department shall include an item for general administrative overhead. No charge for general administrative overhead shall be assessed against or appropriated out of the [interim] livestock receipts and [disbursement] disbursements fund or from any other fund or money administered by the [board] department for purposes of The Livestock Code. No fees or money collected by the [board] department for purposes of The Livestock Code shall be subject to assessment for any charge for general administrative overhead."

     SECTION 27. Section 77-2-29 NMSA 1978 (being Laws 1981, Chapter 357, Section 2, as amended) is amended to read:

     "77-2-29. FEES.--The following fees shall be fixed by the board of regents for services rendered pursuant to the provisions of The Livestock Code:

          A. an inspection or permit fee not to exceed sixteen cents ($.16) per head to be charged for the importation or exportation of sheep and goats pursuant to Section 77-8-3 NMSA 1978 and a service charge in an amount not to exceed ten dollars ($10.00) for each inspection request; provided that the board of regents shall not increase the inspection fee more than four cents ($.04) in any one fiscal year;

          B. a fee for recording a transfer of a brand pursuant to Section 77-2-7.1 NMSA 1978 in an amount not to exceed one hundred dollars ($100);

          C. a fee for recording a brand or researching a brand pursuant to Section 77-2-7.4 NMSA 1978 in an amount not to exceed one hundred dollars ($100);

          D. a fee for additional copies of certified copies of brands pursuant to Section 77-2-7.4 NMSA 1978 in an amount not to exceed ten dollars ($10.00) per copy;

          E. a fee for the recording of a holding brand pursuant to Section 77-2-7.9 NMSA 1978 in an amount not to exceed one hundred dollars ($100), which recording shall be valid for one year from the date of recording, and an additional fee in an amount not to exceed one hundred dollars ($100) for each annual renewal;

          F. a fee for the re-recording of brands pursuant to Section 77-2-7.12 NMSA 1978 in an amount not to exceed one hundred dollars ($100);

          G. a fee for the inspection of livestock pursuant to Section 77-9-38 or 77-10-4 NMSA 1978 in an amount not to exceed fifty cents ($.50) per head and a service charge in an amount not to exceed ten dollars ($10.00) for each inspection request; provided that the board [may] of regents shall not increase the inspection fee more than ten cents ($.10) in any one fiscal year;

          H. a fee for the inspection of hides pursuant to Section 77-9-54 NMSA 1978 in an amount not to exceed fifty cents ($.50) per hide and a service charge in an amount not to exceed ten dollars ($10.00) for each inspection request; provided that the board [may] of regents shall may not increase the inspection fee more than ten cents ($.10) in any one fiscal year;

          I. a fee for the handling of the proceeds of the sale of an estray pursuant to Section 77-13-6 NMSA 1978 in an amount not to exceed ten dollars ($10.00);

          J. a fee for the impoundment of trespass livestock pursuant to Section 77-14-36 NMSA 1978 in an amount not to exceed ten dollars ($10.00) per head per day and a reasonable charge for the moving of trespass livestock pursuant to Section 77-14-36 NMSA 1978 to be set by the board of regents;

          K. a fee for the licensing of a livestock auction market pursuant to Section 77-10-2 NMSA 1978 in an amount not to exceed twenty-five dollars ($25.00);

          L. a fee for issuing a transportation permit pursuant to Section 77-9-42 NMSA 1978 in an amount not to exceed fifty dollars ($50.00);

          M. a fee for the licensing of a cattle or sheep rest station pursuant to Section 77-9A-2 NMSA 1978 in an amount not to exceed twenty-five dollars ($25.00); and

          N. a fee for issuing a certificate of brand exemption pursuant to Section 77-8-22 or 77-9-3 NMSA 1978 in an amount not to exceed one hundred dollars ($100)."

     SECTION 28. Section 77-2-30 NMSA 1978 (being Laws 2005, Chapter 236, Section 1) is amended to read:

     "77-2-30. HORSE RESCUE OR RETIREMENT FACILITY--REGISTRATION--[BOARD] DEPARTMENT POWERS AND DUTIES--FEES.--

          A. As used in this section, "facility" means a horse rescue or retirement facility, including a private reserve or private preserve, that advertises of solicits for horses and 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] department.

          C. The [board] department 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] propose to the board of regents 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] department may charge the following fees set by the board of regents:

                (1) an initial inspection and registration fee of not more than two hundred fifty dollars ($250);

                (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] receipts and disbursements fund and may be used to carry out the provisions of [Sections 1 and 2 of this act] this section and Section 77-2-31 NMSA 1978."

     SECTION 29. Section 77-2-31 NMSA 1978 (being Laws 2005, Chapter 236, Section 2) is amended to read:

     "77-2-31. HORSE RESCUE OR RETIREMENT FACILITIES--INSPECTIONS--REINSPECTION.--

          A. Prior to annual registration, each facility shall be inspected in accordance with board of regents rules.

          B. The [board] department or its agents may enter the premises of a facility to conduct unannounced inspections.

          C. If, following an inspection, the [board] department determines that the facility does not meet the [board's] department'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] department demonstrating compliance with board of regents rules for the facility.

          E. If on reinspection the [board] department 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] department 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] department shall place the horses in another facility."

     SECTION 30. Section 77-2A-2 NMSA 1978 (being Laws 1979, Chapter 197, Section 2, as amended) is amended to read:

     "77-2A-2. DEFINITIONS.--As used in the New Mexico Beef Council Act:

          A. "board" means the New Mexico [livestock board] department of agriculture;

          B. "council" means the New Mexico beef council;

          C. "director" means the director of the [New Mexico] department [of agriculture];

          D. "department" means the New Mexico department of agriculture; and

          E. "producer" means any person engaged in the business of raising, breeding, feeding or growing cattle or calves for beef production or for dairy production."

     SECTION 31. Section 77-3-1 NMSA 1978 (being Laws 1909, Chapter 9, Section 1, as amended) is amended to read:

     "77-3-1. DISEASES--INSPECTION--QUARANTINE.--

          A. The [board] department may use all proper means to prevent the spreading of dangerous and fatal diseases among livestock and for the extirpation of such diseases. If a disease breaks out in the state, it is the duty of all persons owning or having in their charge livestock infected to immediately notify the [board] department of the existence of such disease. The [board] department shall cause proper examination to be made by a veterinarian and, if the disease is found to be a dangerously contagious or infectious malady, the [board] department shall order the diseased livestock that have been exposed to be strictly quarantined and shall order any premises or farms where such disease exists or has recently existed to be put in quarantine so that no livestock subject to the disease is removed from or brought to the premises or places so quarantined. The board of regents shall prescribe such rules as it deems necessary to prevent the disease from being communicated in any way from the premises so quarantined.

          B. The [board] department may expend funds to prevent, suppress, control or eradicate any disease or parasite of livestock that the board of regents has by rule declared to be a disease or pest of significant economic impact to any segment of the livestock industry. This power shall include the right to purchase and destroy or sell infected or exposed livestock.

          C. Whenever the [board] department finds any livestock infested with a disease or pest declared by the board of regents to be of significant economic impact, the [board] department may request the governor to declare an emergency as provided in Section 6-7-3 NMSA 1978."

     SECTION 32. Section 77-3-2 NMSA 1978 (being Laws 1909, Chapter 9, Section 2, as amended) is amended to read:

     "77-3-2. REPORT OF DISEASED LIVESTOCK--OFFENSES--EXPENSE RECOVERY--DUTIES OF SHERIFFS--PENALTY.--

          A. A person who [has in his possession] possesses or [under his care] provides care for any livestock that [he] the person knows or has reason to believe is affected with a disease shall without unnecessary delay tell the [board or some member of the board] department or the sheriff of the county in which the livestock is situate. The sheriff shall immediately notify the director.

          B. A person shall not bring into this state or sell or dispose of any livestock known to be affected or exposed to disease or move diseased or exposed livestock from quarantine or move any livestock to or from a district in the state declared to be infected with a disease or bring into this state any diseased livestock from a district outside the state that may at any time be legally declared to be affected with such disease without the consent of the [board] department.

          C. A person who violates a provision of Subsection A or B of this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head illegally moved.

          D. Any guard or other proper expenses incurred in the quarantining of the livestock shall be paid by the owner, and if the same is refused, after demand made by order of the [board] department, an action may be brought to recover the same with costs of suit, which action may be brought in the name of the state for the use of the [board] department. It is the duty of all sheriffs to execute all lawful orders of the [board] department."

     SECTION 33. Section 77-3-4 NMSA 1978 (being Laws 1909, Chapter 9, Section 3, as amended) is amended to read:

     "77-3-4. DEAD ANIMALS--DISPOSAL.--The bodies of all dead animals shall be buried, burned or disposed of by the owners as provided by [regulations] rules of the board of regents."

     SECTION 34. Section 77-3-5 NMSA 1978 (being Laws 1917, Chapter 30, Section 1, as amended) is amended to read:

     "77-3-5. INFECTED PASTURES AND BUILDINGS--NOTICES.--

          A. If a pasture, building, corral, yard or enclosure where livestock have been or may be pastured or confined is infected with or has become dangerous on account of a disease or poisonous weed or plant, the [board] department may post danger or quarantine notices in not less than two conspicuous places in or upon such pasture, building, corral, yard or enclosure sufficient to warn all owners and others in charge of livestock of the danger or quarantine. When the danger has passed or the quarantine is lifted, the [board] department shall require the posted notices to be removed.

          B. Except as authorized by the director, a person who removes a posted notice of danger or quarantine is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

     SECTION 35. Section 77-3-8 NMSA 1978 (being Laws 1909, Chapter 9, Section 8, as amended) is amended to read:

     "77-3-8. DESTRUCTION OF DISEASED LIVESTOCK--PAYMENT TO THE OWNER--APPRAISAL.--In cases where the [board] department deems it necessary to destroy any diseased, infected or exposed livestock in order to prevent the spread of dangerous and fatal diseases such as glanders, farcy, tuberculosis, pleuro-pneumonia, rinderpest, foot and mouth disease or any other dangerous and fatal disease, foreign or other, which according to the rules, regulations and standards adopted by the United States department of agriculture animal and plant health inspection service cannot be extirpated by means other than the destroying of the diseased, infected or exposed livestock, the [board] department may have the livestock killed and burned or buried under such rules as the board of regents may prescribe. The [board] department shall cooperate with the United States department of agriculture in paying to the owners of the slaughtered livestock the allowed indemnity determined by the United States department of agriculture animal and plant health inspection service and the board of regents."

     SECTION 36. Section 77-3-9 NMSA 1978 (being Laws 1909, Chapter 9, Section 4, as amended) is amended to read:

     "77-3-9. ACCEPTANCE OF FEDERAL RULES AND REGULATIONS--COOPERATION.--The board of regents may accept on behalf of the state the rules and regulations prepared by the secretary of the United States department of agriculture relating to the control of diseases of livestock and to cooperate with the authorities of the United States in the enforcement of the provisions of all acts and regulations relating to diseased livestock."

     SECTION 37. Section 77-3-10 NMSA 1978 (being Laws 1909, Chapter 9, Section 5, as amended) is amended to read:

     "77-3-10. FEDERAL OFFICERS--POWERS.--The representatives of the United States department of agriculture animal and plant health inspection service under the specific authorization of the board of regents may inspect, quarantine and condemn livestock affected with a disease or suspected of being affected with a disease or that have been exposed to a disease and for these purposes may enter any grounds or premises in the state. The representatives may call upon peace officers to assist them in the discharge of their duties as specified by the [board] department in carrying out federal laws and regulations as provided in Section 77-3-9 NMSA 1978. The peace officers shall assist the representatives when so requested and authorized by the [board] department."

     SECTION 38. Section 77-3-11 NMSA 1978 (being Laws 1949, Chapter 48, Section 1, as amended) is amended to read:

     "77-3-11. MARKING OR BRANDING OF CATTLE AND BISON FOUND INFECTED WITH TUBERCULOSIS OR BANG'S DISEASE.--Whenever cattle or bison within this state are tested for tuberculosis or Bang's disease by the [board] department or its agents or employees or by an authorized agent or employee of the United States department of agriculture animal and plant health inspection service, if an animal so tested is found to have a positive reaction to such tests, it shall be permanently marked or branded according to the requirements of the [board] department by the owner or [his] the owner's agent. The type of mark or brand to be used shall be designated by the [board] department, and an animal shall be marked or branded immediately upon instructions from the [board] department."

     SECTION 39. Section 77-3-13 NMSA 1978 (being Laws 1889, Chapter 106, Section 8, as amended) is amended to read:

     "77-3-13. DANGEROUS EPIDEMICS--EMERGENCY RULES--IMPORTS PROHIBITED--PENALTY.--

          A. When the [board] department or any of its authorized representatives finds that a disease, the nature of which is known to be fatal or highly injurious to livestock, pigeons or fowl of any kind, has become epidemic or exists in a locality in a country, state or territory beyond the limits of this state, the board of regents shall immediately adopt and promulgate emergency rules to prohibit the importation into this state of any animals, including livestock, subject to the disease that may be so reported.

          B. The board of regents shall specify such restrictions and safeguards as it deems proper and shall specify for the protection of livestock in this state and may also prohibit the importation into this state of any hoofs, hides, skins or meat of any animals or any hay, straw fodder, cottonseed or other products or material calculated to carry the infection of such disease.

          C. Emergency rules may be adopted and promulgated without the notice and hearing required of other rules and shall take effect immediately. If the board of regents contemplates that an emergency rule will be in effect for longer than ninety days, it shall give notice and hold a hearing to adopt the emergency rule as a rule.

          D. Any person who violates any provision of this section or an emergency rule issued in accordance with this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head and is also liable in a civil action for any damages and loss sustained by reason of such importation of the livestock or of any of the products provided for in this section."

     SECTION 40. Section 77-3-14 NMSA 1978 (being Laws 1889, Chapter 106, Section 9, as amended) is amended to read:

     "77-3-14. HEALTH CERTIFICATE--INSPECTION--PERMIT--PENALTY.--

          A. After the issuance of an emergency rule pursuant to the provisions of Section 77-3-13 NMSA 1978 and while the emergency rule continues in force, it is unlawful for a person to drive or transport or cause to be driven or transported into this state any livestock that by any direct or circuitous route might have come from any place or district covered by the emergency rule without first having obtained a certificate of health from a veterinarian or a permit in writing from the [board] department under such rules as the board of regents prescribes.

          B. A person failing to comply with this provision is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 and is also personally liable for all loss and damages sustained by any persons by reason of the introduction of a disease from the livestock unlawfully imported into this state.

          C. During the time covered by the emergency rule, all livestock desiring to enter the state shall submit to an inspection and shall not be permitted to enter the state until a written or printed permit is issued by the [board] department. A livestock inspector or other agent of the [board] department may require the person in charge of the livestock to produce the permit for [his] inspection, and any person refusing to produce the permit at any time within a year from the time the livestock were driven in is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

     SECTION 41. Section 77-3-14.1 NMSA 1978 (being Laws 1993, Chapter 248, Section 28, as amended) is amended to read:

     "77-3-14.1. AGID TESTS REQUIRED.--The board of regents shall adopt rules prohibiting the driving or transporting into this state of any horses or other equidae that have not tested negative to the AGID, or Coggins, test or a United-States- department-of-agriculture-approved equivalent test for equine infectious anemia within twelve months prior to the date of entry, the evidence of which test result shall be shown on a health certificate; excepting from regulation only those foals accompanied in shipment by a negative-tested dam or those horses or other equidae consigned directly to slaughter."

     SECTION 42. Section 77-3-15 NMSA 1978 (being Laws 1889, Chapter 106, Section 11, as amended) is amended to read:

     "77-3-15. INVESTIGATION OF SUSPECTED ILLEGAL IMPORTS--OATHS--HEALTH CERTIFICATE OF PERMIT.--Whenever the [board] department, during the continuance in force of any prohibition against the importation into this state of livestock, has good reason to believe or suspect that any [such] livestock against the importation of which prohibition then exists have been or are about to be driven, conveyed or transported into this state in violation of any [such] prohibition then existing and then in force, it is the duty of the [board] department, either by its own [members] employees or through a veterinarian [or through one or more of such persons then in their employ] as circumstances shall seem to require, to thoroughly investigate the same. [They] The department or veterinarian may examine, under oath or affirmation, any person in charge of the livestock or any person cognizant of any facts or circumstances material to the investigations and all facts connected with the driving or transportation of the livestock, including the [place or] places from which the livestock have been driven or transported; the places or districts through which they have been driven or transported; the length of time and where they have remained, fed or grazed at any designated place or district; what contagious or infectious disease of livestock, if any, they have been exposed to and when and where; and any other facts or circumstances material to the investigation and reduce such testimony to writing in all cases where the certificate of health or the permit in writing provided for in this section [shall be] is refused. The [members of the board, a] department or veterinarian [and all other persons as aforesaid so in the employ of the board] through whom any [such] investigation [shall be] is made [hereby are] is authorized to administer all oaths and affirmations required in [any such] the investigation. If [any such] an investigation is made by [such] a veterinarian and [he] the veterinarian is satisfied that the livestock are free from all contagious and infectious disease and will not communicate any disease to any livestock in this state, [he] the veterinarian shall deliver to the person in charge of the livestock a certificate of health to the effect that the livestock are healthy and entitled to pass into the state; otherwise, [he] the veterinarian shall refuse the [same] certificate of health. If [such] an investigation is made by any other persons authorized as specified in this section to make the investigation and they are satisfied that the livestock will not transmit to the livestock in this state any livestock disease and that the facts and circumstances attending their transportation warrant the presumption that [such] the livestock are not from any prohibited areas, a recommendation that the importation of the livestock shall then be permitted shall be communicated to the [board] department, and the [board] department shall [upon concurrence] give the person in charge of the livestock a written permit to pass the [same] livestock into the state; otherwise, [such] the permit shall be refused."

     SECTION 43. Section 77-3-16 NMSA 1978 (being Laws 1889, Chapter 106, Section 12, as amended) is amended to read:

     "77-3-16. RULES [AND REGULATIONS].--It is the duty of the board of regents to make all useful rules [and regulations] respecting examinations and investigations for the granting or refusing of certificates of health and permits provided for in [the next succeeding] Section 77-3-15 NMSA 1978 and give ample publicity [thereto] so that all persons, companies and corporations who may desire to drive or transport any livestock into the state may be conveniently advised of what will be required to obtain [any such] a certificate of health or permit during the existence of any prohibition to the importation of livestock into the state and of when, where and to whom application therefor may be made."

     SECTION 44. Section 77-3-17 NMSA 1978 (being Laws 1889, Chapter 106, Section 14, as amended) is amended to read:

     "77-3-17. QUARANTINE--SEIZURE OF [CATTLE] LIVESTOCK.--Whenever any livestock are driven or transported into the state without obtaining a certificate of health or permit by the person in charge thereof, in any case where a certificate or permit is required and if [such] the livestock have been inspected and an investigation [had in relation thereto] conducted and the certificate or permit refused, then the livestock may be seized and securely held in quarantine under such reasonable rules [and regulations] as shall be prescribed [therefor] by the board of regents and as [they may deem] deemed necessary to guard against other livestock becoming affected with any [such] livestock diseases. [They] The livestock shall be held in quarantine for such length of time as the [board shall in their opinion deem] department deems necessary for the sanitary protection of livestock in this state. If [such] the livestock [shall] have not [have] been [so] inspected and an investigation had, then the [same] inspection and investigation shall take place wherever the livestock may be found, and [they] the livestock may be seized and held for that purpose and a certificate of health or permit granted or refused, as the case may require. If refused, the livestock may [in like manner] be held in quarantine. All the necessary expenses of quarantine and inspection under the provisions of this section shall be paid by the owners of the livestock."

     SECTION 45. Section 77-3-18 NMSA 1978 (being Laws 1889, Chapter 106, Section 15, as amended) is amended to read:

     "77-3-18. LIENS FOR EXPENSES AND FOR DAMAGES FOR COMMUNICATING DISEASE.--All expenses incurred in and by the inspection and quarantine of livestock under Section 77-3-17 NMSA 1978 shall be a lien on such livestock to secure the payment [thereof] in favor of the [board] department, as an indemnity for the expenses so incurred. All loss and damages incurred and suffered by any person [company or corporation] because of any of the provisions of this [chapter] article shall be a lien on the livestock [so] unlawfully imported in favor of the person [company or corporation so] incurring or suffering [such] the loss or damage. All liens covered by this section shall take precedence and priority over any other lien or encumbrance on [any such] the livestock existing at the time of their unlawful importation [as aforesaid] or at any time subsequent thereto. All such liens shall subsist and become effective as security for ultimate payment without any other act or proceeding whatever, and after judgment any such lien may be foreclosed by sale of the livestock on execution."

     SECTION 46. Section 77-7-16 NMSA 1978 (being Laws 1970, Chapter 79, Section 1) is amended to read:

     "77-7-16. DEFINITIONS.--As used in [this act] Sections 77-7-16 through 77-7-19 NMSA 1978:

          A. "garbage" means waste consisting in whole or in part of animal waste resulting from handling, preparing, cooking and consuming [of] food, including the offal from animal carcasses or parts thereof, but excluding such waste obtained by [an individual] a person from [his] the person's own household operations and fed to [his] the person's own swine on the same premises;

          B. "special processing" means handling swine and subjecting swine products to heat treatment in accordance with current requirements of the [board] department;

          C. "permit for special processing" means a permit by the [board] department for the handling, slaughtering and special processing of swine and [which] that shall be limited to a point or points designated by the [board] department; and

          D. "board" or "department" means the New Mexico [livestock board] department of agriculture."

     SECTION 47. Section 77-7-17 NMSA 1978 (being Laws 1970, Chapter 79, Section 2, as amended) is amended to read:

     "77-7-17. FEEDING OF GARBAGE UNLAWFUL--REGISTRATION REQUIRED--MOVEMENT OF SWINE FED ON GARBAGE UNLAWFUL EXCEPT BY PERMIT--PENALTY.--

          A. It is unlawful for any person [firm, partnership or corporation] not registered with the [livestock board] department, as provided by [this act] Sections 77-7-16 through 77-7-19 NMSA 1978, to feed garbage to any swine in this state.

          B. It is unlawful to slaughter or transport within the state any swine [which] that have been fed garbage except under the appropriate permit for either special processing or for the transportation of swine fed with garbage as issued by the [livestock board] department.

          C. Any person [firm, partnership or corporation] violating the provisions of this section is guilty of a petty misdemeanor, and each day the provisions of this section are violated shall be a separate offense."

     SECTION 48. Section 77-7-18 NMSA 1978 (being Laws 1970, Chapter 79, Section 3, as amended) is amended to read:

     "77-7-18. GARBAGE FEEDERS--SLAUGHTERERS OF GARBAGE-FED SWINE--REGISTRATION--GARBAGE COOKING--PENALTY.--

          A. All persons feeding garbage to or slaughtering swine [which] that have been fed garbage shall first obtain a certificate of registration or a permit for special processing from the [livestock board] department. Application for registration or a permit shall be made to the [office of the livestock board] department on forms [which] that may be obtained from the [board] department. The [board] department shall be notified when [such] the operation is discontinued or upon sale of equipment, transfer of ownership or change of location. Such rights and privileges as are granted by the registration may be revoked for cause by the director [of the livestock board subject to review by the livestock board].

          B. All garbage fed in New Mexico shall be cooked and brought to the boiling point or equivalent temperature for a period of not less than thirty minutes.

          C. A recording thermometer shall be used and maintained with dated charts for examination by [a representative of the board] the department and be kept on file for a period of not less than ninety days. Each such chart shall bear [therein] the name and address of the person for whom the garbage was cooked. There shall be no retracing of charts.

          D. Cooking facilities shall be approved by the [board] department before a certificate of registration is issued.

          E. Periodic inspections shall be made of cooking facilities and premises. Premises shall be open for inspection, including cooking operations, equipment and animals, at any reasonable time by [designated representatives of the board] the department.

          F. The [livestock] board of regents shall promulgate and adopt [in accordance with the provisions of the State Rules Act, regulations] rules setting standards for the maintenance and operation of swine feeding and slaughtering facilities and providing for the regulation of the movement of garbage-fed swine.

          G. Any person [firm or corporation] failing to meet the standards set by the [regulations] rules of the [livestock] board of regents for the maintenance and operation of facilities for the feeding or slaughtering of swine or failing to obtain a permit or to meet the requirements of the [board] department for moving garbage-fed swine may be denied registration or if registered may have [such] the registration revoked and [shall be] is guilty of a petty misdemeanor.

          H. The board of regents may by [regulation] rule set an inspection fee for the permit to transport swine fed on garbage in an amount not to exceed twenty-five cents ($.25) per animal."

     SECTION 49. Section 77-7-19 NMSA 1978 (being Laws 1970, Chapter 79, Section 4) is amended to read:

     "77-7-19. FEES FOR REGISTRATION--RENEWAL.--For each certificate of registration issued under Section [47-7-25 NMSA 1953] 77-7-18 NMSA 1978, the [livestock board] department may charge and receive a fee not to exceed ten dollars ($10.00) at the time of issuance and, in addition, on the anniversary date of each such certificate of registration an annual renewal fee in an amount not to exceed ten dollars ($10.00)."

     SECTION 50. Section 77-8-2 NMSA 1978 (being Laws 1951, Chapter 188, Section 11, as amended) is amended to read:

     "77-8-2. QUARANTINE--TREATMENT.--Sheep or goats afflicted with or exposed to a disease shall be immediately placed under quarantine under the supervision of a veterinarian or inspector in conformity with the rules of the board of regents. The sheep or goats shall not be moved from the quarantine area except under the supervision of a veterinarian or inspector until a veterinarian declares them to be free of disease or until the [board] department otherwise grants permission for the moving of the sheep or goats. The sheep or goats shall be treated under the direction of a veterinarian or inspector at once and thereafter as often as necessary until they are declared free of the disease by a veterinarian [or inspector]."

     SECTION 51. Section 77-8-3 NMSA 1978 (being Laws 1951, Chapter 188, Section 12, as amended) is amended to read:

     "77-8-3. IMPORTATION--NOTICE--INSPECTION--FEES.--

          A. A person intending to bring sheep or goats into the state from another country or state shall give notice of [his] that intention to the director by certified letter or delivery in person or by telephone to the director or other [authorized official of the board] employee of the department so that the notice is received prior to the proposed day of entry. The notice shall state the number of head, the date and place the sheep or goats will be loaded and their destination. The director shall then issue a permit for entry of the sheep or goats into the state, stating in the permit the applicable board of regents rules to be complied with before or after entry into the state.

          B. The shipment shall be accompanied by a health certificate issued by a federal or state inspector or authorized veterinarian that the sheep or goats are healthy and free from disease. On arrival, the owner or person in charge of the sheep or goats shall not commingle the imported sheep or goats or release them to pasture until the inspector examines the sheep or goats as to their sanitary condition and inspects and makes a record of all the marks and brands on the sheep or goats, which record shall be forwarded to the [board] department office and used for future reference. The inspector shall issue the owner or person in charge of the sheep or goats a copy of the brand inspection certificate if the inspector is satisfied that all requirements have been met.

          C. An inspection fee to be fixed by the board of regents shall be charged and paid by the owner or person in charge of the sheep or goats to the [board] department and received by the inspector for the inspection and certificates. If the inspector suspects that the sheep or goats are infected with a disease or finds that the owner or person in charge has not met the entry requirements, the inspector shall require the owner or the person in charge to comply with the provisions of Section 77-8-2 NMSA 1978 or other applicable statutes and rules. The provisions of this section shall not apply to sheep or goats loaded on transport vehicles that are being transported from some country or state to another country or state through New Mexico if the sheep or goats are not to be unloaded in this state except in approved rest stations or other quarantine pens for the purpose of feeding and watering the sheep or goats for a period [of time] not to exceed twenty-four hours."

     SECTION 52. Section 77-8-7 NMSA 1978 (being Laws 1951, Chapter 188, Section 16, as amended) is amended to read:

     "77-8-7. EXPORTATION--NOTICE--INSPECTION AND PERMIT FEES--PENALTY.--

          A. A person intending to ship sheep or goats beyond the limits of the district or the limits of the state shall give notice of [his] that intention to the director or to the inspector for [his] the person's district by certified letter or by delivery in person or by telephone to the director or inspector so that the notice is received in a reasonable time previous to the proposed date of shipment. The notice shall state the date and place that the sheep or goats will be loaded and destination of the sheep or goats. The [board] department may require an inspector to inspect the sheep or goats as to their sanitary conditions and make a record of all the marks and brands upon the sheep or goats, or the board of regents may provide by rule an alternate means of allowing the movement of sheep or goats. The inspector shall not allow sheep or goats bearing any of the marks declared by the law of this state to be unlawful to be shipped except under express authority of the [board] department. The inspector shall also require each person shipping sheep or goats to exhibit a bill of sale executed as provided by Section 77-8-15 NMSA 1978 or authority in writing to ship the sheep or goats from the recorded owner of all marks and brands upon the sheep or goats unless the person is [himself] the recorded owner of the marks and brands.

          B. The inspector shall issue to the shipper a [New Mexico livestock board] department form-1 certificate of inspection or other document or permit approved by the [board] department if [he] the inspector is fully satisfied that the sheep or goats are free from disease and that the person shipping has rightful ownership of the sheep or goats as evidenced by the brands or marks and bill of sale or has complied with the [board's alternative] department's alternate method as provided for in this section and all other applicable rules of the board of regents. This certificate or permit shall authorize the shipping of the sheep and goats out of the state.

          C. A fee to be fixed by the board of regents in a sum not to exceed the amount prescribed by law shall be charged for the inspection and certificates, and the inspector shall refuse to issue the certificates until [he] the fee has been paid [the fee]. The [board] department shall charge a fee not to exceed the amount prescribed by law for issuing the permits allowed in this section in lieu of inspection. The inspector shall make a report to the director after each inspection of any matters contained in this section that may be required of [him] the inspector by the director.

          D. A person who knowingly ships sheep or goats from one district to another district without an inspection certificate is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. A person who knowingly ships sheep or goats outside the state without an inspection certificate is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978."

     SECTION 53. Section 77-8-10 NMSA 1978 (being Laws 1951, Chapter 188, Section 22) is amended to read:

     "77-8-10. RECORDING OR RE-RECORDING BY PERSON WITH LIEN OR INTEREST.--[Any] A person having a lien or interest in any sheep may cause the mark or brand appearing on [said] the sheep to be recorded or re-recorded in the name of the owner, provided [he] the person follows the recording or re-recording procedure set forth in [this act] Chapter 77, Article 8 NMSA 1978. The [secretary] director shall mail a certificate of mark to the owner and a duplicate copy of the certificate to the person having a lien or interest in the sheep."

     SECTION 54. Section 77-8-13 NMSA 1978 (being Laws 1951, Chapter 188, Section 25) is amended to read:

     "77-8-13. EVIDENTIAL VALUE OF MARK OR BRAND RECORDS.--A certified copy of the records of the [board] department relating to any mark or brand shall be accepted in all courts of this state as prima facie evidence of the ownership of sheep bearing the same."

     SECTION 55. Section 77-8-17 NMSA 1978 (being Laws 1951, Chapter 188, Section 29) is amended to read:

     "77-8-17. ENFORCEMENT OF PROVISIONS--RECOVERY OF COSTS AND EXPENSES.--Upon the failure or refusal of any owner or person in charge of sheep to comply with the provisions of [Sections 11, 12, 14, 16, or 18 of this act] Section 77-8-2, 77-8-3, 77-8-5 or 77-8-7 NMSA 1978 or rules [and regulations] made in pursuance thereof, the inspector shall summarily take custody of and hold the sheep involved in the violation of [said] the sections or rules [and regulations] until [said] the provisions are complied with or until there is a determination of any legal proceedings brought under [said] those sections. The [board] department shall bring legal proceedings against any violator who after reasonable notice still refuses to comply with these provisions for the enforcement of these provisions or for the costs and expenses incurred in holding the sheep and of bringing [said] legal proceedings or for both purposes. In these proceedings, no bond [shall be] is required from the [board] department."

     SECTION 56. Section 77-8A-2 NMSA 1978 (being Laws 1997, Chapter 99, Section 2 and Laws 1997, Chapter 147, Section 2) is amended to read:

     "77-8A-2. DEFINITIONS.--As used in the New Mexico Sheep and Goat Act:

          [A. "board" means the New Mexico livestock board;

          B.] A. "council" means the New Mexico sheep and goat council;

          [C.] B. "department" means the New Mexico department of agriculture;

          [D.] C. "director" means the director of the [New Mexico] department [of agriculture];

          [E.] D. "handler" means any producer, processor, distributor or other person engaged in handling, marketing or dealing in sheep or haired goats or their products; and

          [F.] E. "producer" means any person engaged in the business of raising, breeding, feeding or growing sheep or haired goats."

     SECTION 57. Section 77-8A-6 NMSA 1978 (being Laws 1997, Chapter 99, Section 6 and Laws 1997, Chapter 147, Section 6) is amended to read:

     "77-8A-6. DUTIES--POWERS.--

          A. The council shall:

                (1) conduct marketing programs, including promotion, education and research, promoting sheep and haired goat products;

                (2) submit to the director a detailed annual budget for the council on a fiscal-year basis and provide a copy of the budget upon request to any person who has paid an assessment or made a contribution [under] pursuant to provisions of the New Mexico Sheep and Goat Act;

                (3) bond officers and employees of the council who receive and disburse council funds;

                (4) keep detailed and accurate records for all receipts and disbursements, have those records audited annually and keep the audit available for inspection in the council office;

                (5) establish procedures for the adoption of regulations that will provide for input from producers;

                (6) determine and publish each year the assessment rates to be collected by the [board] department; and

                (7) employ staff not to exceed three persons.

          B. The council may:

                (1) contract for scientific research to discover and improve the commercial value of sheep and haired goats and products thereof;

                (2) disseminate information showing the value of sheep and haired goats and products for any purpose for which they may be found useful and profitable;

                (3) fund programs to enhance the efficiencies of sheep and haired goat production;

                (4) make grants to research agencies for financing studies or for the purchase or acquisition of facilities necessary to carry out the purposes of the council as authorized by the New Mexico Sheep and Goat Act;

                (5) cooperate with any local, state or national organizations or agencies, whether created by law or voluntary, engaged in work or activities similar to that of the council and enter into contracts with those organizations or agencies and expend funds [in connection therewith] for carrying on joint programs;

                (6) study federal and state legislation with respect to tariffs, duties, reciprocal trade agreements, import quotas and other matters concerning the effect on the sheep and haired goat industry and represent and protect the interests of the industry with respect to any legislation or proposed legislation or executive action that may affect that industry;

                (7) enter into contracts that it deems appropriate to the carrying out of the purposes of the council as authorized by the New Mexico Sheep and Goat Act;

                (8) sue and be sued as a council without individual liability for acts of the council within the scope of the powers conferred upon it by the New Mexico Sheep and Goat Act;

                (9) appoint subordinate officers and employees of the council and prescribe their duties and fix their compensation;

                (10) adopt regulations for the exercise of its powers and duties. A copy of all council regulations shall be filed with the department; and

                (11) cooperate with other state councils or agencies in the collection of assessments."

     SECTION 58. Section 77-8A-8 NMSA 1978 (being Laws 1997, Chapter 99, Section 8 and Laws 1997, Chapter 147, Section 8) is amended to read:

     "77-8A-8. ASSESSMENTS.--There is levied and imposed upon all sheep and haired goats involved in a transfer of ownership in the state an assessment to be called the "council assessment". The council assessment is to be fixed by the council at a rate not more than seventy-five cents ($.75) per head. The [board] department shall collect this council assessment at the same time and in the same manner as the fee charged for the state inspection required upon the movement of those sheep and haired goats. The [board] department shall not deliver the certificate of inspection or permit the sheep or haired goats to move until all fees have been paid. The proceeds of the council assessment shall be remitted by the [board] department to the council at the end of each month along with information that will allow the council to make necessary refunds. At the request of the [board] department, the council shall reimburse the [board] department for the reasonable and necessary expenses incurred for such collections and information, not to exceed four percent of collections on those sheep and haired goats involved in a transfer of ownership."

     SECTION 59. Section 77-9-3 NMSA 1978 (being Laws 1895, Chapter 6, Section 1, as amended) is amended to read:

     "77-9-3. NECESSITY OF BRAND--REBRANDING REQUIRED--EXCEPTIONS.--

          A. A person who owns livestock shall have and adopt a brand for them. The brand shall be applied with a hot iron on each animal except registered livestock that are properly identified by a legible tattoo and whose owner has been issued a certificate of brand exemption for [his] the owner's herd by the [board] department. Each brand shall be recorded in the office of the [board] department.

          B. Unbranded livestock, except offspring with a branded mother or offspring with a mother properly identified as provided in Subsection F of this section, shall be subject to seizure by a peace officer or livestock inspector and shall be handled and disposed of in the same manner as is provided for the handling and disposal of estrays.

          C. Livestock that [is] are purchased shall be rebranded by the new owner with [his] the new owner's recorded brand within thirty days, except as provided in Section 77-9-4 NMSA 1978.

          D. Subsection A of this section shall not apply to a person owning horses, mules or asses who has been issued a transportation permit as provided in Section 77-9-42 NMSA 1978 or who has a registration certificate for an animal from a recognized breed association or to any person owning horses, mules or asses that have been identified by a freeze mark or a freeze brand recorded with the [board] department. Freeze branding or freeze mark identification requires an iron, first submerged in a bath of liquid nitrogen, to be applied on each animal, resulting in a permanent loss of color in the hair or cessation of hair growth where the brand or mark has been applied.

          E. This section does not apply to bison.

          F. This section does not apply to a person who owns cattle in confinement at a dairy or feedlot and who has elected to identify [his] the cattle by an alternative means approved by the [board] department for cattle held in those facilities. If cattle held in confinement and identified in accordance with this subsection are removed from confinement and otherwise held in the state, the provisions of Subsection A of this section shall be met prior to removal, unless the cattle are being delivered to an approved auction."

     SECTION 60. Section 77-9-4 NMSA 1978 (being Laws 1961, Chapter 4, Section 1, as amended) is amended to read:

     "77-9-4. PENALTY FOR FAILURE TO BRAND OR REBRAND--CERTAIN SALES PROHIBITED.--

          A. All livestock required to be branded pursuant to the provisions of Section 77-9-3 NMSA 1978 shall bear the identical and complete brand recorded in the name of the present owner with the [board] department, or, in the alternative, the livestock shall bear the identical and complete brand of a former owner as recorded with the [board] department, in which case, the livestock shall be accompanied by a bill of sale from the former owner to the person claiming to be the present owner, which bill of sale meets the requirements of Section 77-9-22 NMSA 1978.

          B. The bill of sale shall contain a written statement by the former owner granting permission to the present owner to use the recorded brand appearing on the livestock listed in the bill of sale and filed with the [board] department; otherwise the livestock shall be rebranded within thirty days from the date of purchase.

          C. A person shall not sell, buy or receive any livestock in the state unless the livestock is branded or has other means of identification acceptable to the [board] department except livestock directly imported from another state. Except as provided in Section [77-9-16 NMSA 1978, as recompiled] 77-2-7.9 NMSA 1978, all livestock shall be branded with a New Mexico brand within thirty days of entry into the state.

          D. A person who violates the provisions of either Section 77-9-3 NMSA 1978 or this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with Section 31-19-1 NMSA 1978 for each head."

     SECTION 61. Section 77-9-23 NMSA 1978 (being Laws 1884, Chapter 47, Section 13, as amended) is amended to read:

     "77-9-23. BILL OF SALE OF LIVESTOCK--DUTY TO EXHIBIT--VIOLATION--PENALTY.--

          A. A person who has purchased or received or has [in his] possession of any livestock, either for [himself] the person or another person, shall exhibit the bill of sale for the livestock at the reasonable request of an inspector or other peace officer. A person who fails to produce the bill of sale required in Section 77-9-21 NMSA 1978 or who is unable to exhibit other written evidence of ownership or legal possession is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.

          B. A person who has purchased or received or has [in his] possession of any livestock, either for [himself] the person or another person, and who cannot produce proof of ownership as required by Subsection A of this section shall have the livestock impounded. If sufficient proof of ownership has not been established to the satisfaction of the [board] department within fifteen days of the impoundment, the impounded livestock [will] shall be handled and disposed of in the same manner as provided for the handling and disposal of estrays."

     SECTION 62. Section 77-9-28 NMSA 1978 (being Laws 1943, Chapter 11, Section 1, as amended) is amended to read:

     "77-9-28. IMPORTATION OF LIVESTOCK--PERMIT REQUIRED--PENALTY.--

          A. A person who brings livestock into this state by any manner or causing them to be brought in shall, before doing so, obtain a permit from the [board] department or its authorized representative. The permit shall contain a list of all the requirements of the [board] department to be complied with before the livestock can be brought into the state and shall also stipulate any requirements of further tests of the livestock for disease after the livestock are within the state, if required by the [board] department. The permit shall accompany the livestock at the time they enter the state, and the requirements set forth in the permit as to tests for diseases or otherwise shall be complied with in every particular before the livestock are permitted to enter. The owner or [his] the owner's agent shall make application to the proper inspector to inspect the imported livestock. The imported livestock shall not be commingled or released to pasture without inspection, except as authorized by the inspector.

          B. No prior permits are required for livestock transported directly to international import receiving facilities that are inspected for health of livestock contained in the facilities by the United States department of agriculture or other agency of the United States. Livestock entering at these facilities from a foreign country shall be inspected by an inspector.

          C. A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head in offense."

     SECTION 63. Section 77-9-29 NMSA 1978 (being Laws 1891, Chapter 34, Section 2, as amended) is amended to read:

     "77-9-29. INSPECTION RULES.--[In the exercise of the powers and performance of the duties conferred and prescribed by Sections 77-9-30 through 77-9-36 NMSA 1978] The board of regents shall make all necessary rules respecting the inspection of livestock intended for shipment or to be driven from a district or beyond the limits of this state and also respecting the inspection of hides and slaughterhouses in this state."

     SECTION 64. Section 77-9-30 NMSA 1978 (being Laws 1891, Chapter 34, Section 3, as amended) is amended to read:

     "77-9-30. EXPORTED LIVESTOCK--INSPECTION OF BRANDS AND EAR MARKS--RECORD.--The [board] department shall cause the brands and ear marks upon livestock shipped or driven from a district or out of this state to be inspected and a true and correct record of the result of such inspections to be kept in the office of the director for three years. The record shall set forth the date of the inspection; the place where and the person by whom made; the name and current address of the owner, shipper or claimant of the livestock inspected or the names and current addresses of all persons in charge of the livestock at the time of the inspection; the destination of the livestock; a list of all brands and ear marks upon the livestock inspected; and the number and classification of the livestock."

     SECTION 65. Section 77-9-35 NMSA 1978 (being Laws 1891, Chapter 34, Section 10, as amended) is amended to read:

     "77-9-35. OFFENSE BY INSPECTORS--PENALTY.--Any inspector employed by the [board] department who knowingly makes any false certificate or who knowingly swears falsely as to the truth of any report made by [him] the inspector to the [executive] director [of the board] or who accepts any bribe or compensation for the performance of or failure to perform any of the duties prescribed by law, except such compensation as may be paid [him] the inspector by the [board] department, shall upon conviction [thereof] be fined in any sum not exceeding one thousand dollars ($1,000) or imprisoned in the state penitentiary not exceeding five years, at the discretion of the court."

     SECTION 66. Section 77-9-38 NMSA 1978 (being Laws 1899, Chapter 53, Section 2, as amended) is amended to read:

     "77-9-38. INSPECTION FEES--LIEN--RECORD.--There shall be a fee for the inspection of livestock to be fixed by the board of regents not to exceed the amount prescribed by law for each inspection request, and the fee shall be a lien upon the livestock of the owner until paid. Each inspector shall keep a complete record of all livestock inspected [by him], listing all brands and marks and the names of the shippers, and a copy of the record shall be preserved by the [board] department."

     SECTION 67. Section 77-9-41 NMSA 1978 (being Laws 1929, Chapter 87, Section 1, as amended) is amended to read:

     "77-9-41. TRANSPORTATION OF HORSES, MULES, ASSES, CATTLE, SHEEP OR GOATS OR CARCASSES THEREOF--INSPECTION CERTIFICATE.--It [shall be] is unlawful for any person [firm or corporation] to move, transport or cause to be transported from the state [of New Mexico] to any point beyond the limits [thereof] of the state or within the state except as provided under Section [47-9-38.1 NMSA 1953] 77-9-42 NMSA 1978 any horses, mules, asses, cattle, sheep or goats or the carcasses thereof by driving or in any motor or other vehicle or conveyance unless [such] the animal, animals or carcasses [shall] first have been inspected by an inspector of the [New Mexico livestock board] department and unless, upon satisfactory showing of the ownership of [said] the animals or carcasses, [said] the inspector [shall have] has issued inspection certificates in the form to be prescribed by the [New Mexico livestock board] department and unless such certificate shall at all times accompany the animals or carcasses [so] being driven or transported in [such] the motor or other vehicle; provided that no inspection [shall be] is required where the transportation or movement from one point to another within the state is entirely upon lands exclusively within the control of the party moving or transporting or procuring the transporting of [such] the animals or carcasses or is done under the provisions of Section [47-9-38.1 NMSA 1953] 77-9-42 NMSA 1978 or when such transportation is authorized by the [board] department to a location within the state."

     SECTION 68. Section 77-9A-1 NMSA 1978 (being Laws 1961, Chapter 3, Section 1, as amended) is amended to read:

     "77-9A-1. INTERSTATE CATTLE OR SHEEP TRANSPORTATION--CATTLE OR SHEEP REST STATIONS.--It is unlawful for any person to unload cattle or sheep in interstate transit by truck for feed, rest and water except at cattle or sheep rest stations licensed by the [board] department except in emergency situations. In emergency situations, cattle or sheep in transit shall be inspected by an inspector before being reloaded."

     SECTION 69. Section 77-9A-2 NMSA 1978 (being Laws 1961, Chapter 3, Section 2, as amended) is amended to read:

     "77-9A-2. CATTLE OR SHEEP REST STATIONS--LICENSING.--The [board] department shall license all cattle and sheep rest stations, which shall meet minimum rules of the board of regents, and shall collect a license fee set by the board of regents for each station licensed. [No] An applicant shall not be licensed until [he] the applicant has posted a bond in a form and amount approved by the [board] department covering the faithful compliance by the licensee with all laws and rules of the board of regents pertaining to cattle or sheep rest stations."

     SECTION 70. Section 77-9A-3 NMSA 1978 (being Laws 1961, Chapter 3, Section 3, as amended) is amended to read:

     "77-9A-3. REST STATIONS--RULES.--The board of regents may prescribe rules covering the operation of rest stations for cattle or sheep in transit by truck."

     SECTION 71. Section 77-9A-4 NMSA 1978 (being Laws 1961, Chapter 3, Section 4, as amended) is amended to read:

     "77-9A-4. VIOLATIONS--PENALTY.--A person who violates any of the provisions of Chapter 77, Article 9A NMSA 1978 or any rule of the board of regents pertaining to rest stations is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

     SECTION 72. Section 77-10-2 NMSA 1978 (being Laws 1937, Chapter 59, Section 2, as amended) is amended to read:

     "77-10-2. NECESSITY OF LICENSE--APPLICATION--FEE--BOND--CANCELLATION OF LICENSE--COPIES.--

          A. It is unlawful for a person to operate a livestock auction market in this state unless [he] the person is the holder of an unexpired, uncanceled license issued by the [board] department.

          B. An application to operate a livestock auction market shall set forth:

                (1) the name and address of the applicant;

                (2) the location of the livestock auction market for which application is made; and

                (3) a description of the facilities afforded by the livestock auction market.

          C. The application shall be accompanied by

the payment of a license fee set by the board of regents not to exceed the amount prescribed by law.

          D. The applicant shall file with the grain inspection, packers and stockyards [division] administration of the United States department of agriculture a bond in the penal sum as prescribed by the grain inspection, packers and stockyards [division] administration and approved by the [board] department and conditioned that the principal shall comply with the terms of the surety and with all of the terms and conditions of Chapter 77, Article 10 NMSA 1978, with some surety company authorized to do business in this state.

          E. If the applicant satisfies the conditions of application, the [board] department shall issue a license good for one year to operate the livestock auction market at the location specified in the application.

          F. A license issued in accordance with this section may be canceled by the [board] department for violation of Chapter 77, Article 10 NMSA 1978 by the licensee, and the [board] department may refuse to issue a license to a person whose previous license has been canceled or to any firm, association or corporation of which [he] the person is a member or by which [he] the person is employed.

          G. It is unlawful for an operator to employ a person whose license was canceled by the [board] department or to operate a livestock auction market in which that person has direct or indirect interest.

          H. The bond required by this section shall be for the benefit of a person damaged by a breach of the condition of the bond, and the person damaged shall be entitled to bring an action on the bond in [his] the person's own name. The [board] department shall furnish a certified copy of the bond to a person who applies for a copy on payment of the fee set by the board for copy services."

     SECTION 73. Section 77-10-3 NMSA 1978 (being Laws 1937, Chapter 59, Section 3, as amended) is amended to read:

     "77-10-3. DUTIES OF LICENSEES.--The operator shall:

          A. keep posted and on display in a conspicuous place at the livestock auction market an unexpired, uncanceled license issued by the [board] department as provided in Section 77-10-2 NMSA 1978;

          B. keep the livestock auction market clean and sanitary and, whenever required by the [board] department or a veterinarian authorized by the [board] department, shall disinfect the livestock auction market or any part thereof and shall procure to be administered preventive or curative treatment of livestock in the possession of the operator, all under the supervision and direction of the [board] department or its authorized veterinarian and without expense to the [board] department;

          C. allow the [board and its members and officials] department and its inspectors and authorized veterinarians to have convenient access to the livestock auction market and its books and records or any livestock that may be in [his] the operator's possession at all reasonable times for the purpose of inspection;

          D. post in a conspicuous place at the livestock auction market a schedule of all charges for services, accommodations and facilities that [he holds himself out as] the operator purports to be ready, able and willing to furnish at the livestock auction market to owners of livestock and shall file a true copy of the schedule with the [board] department. The schedule shall be the sole basis for all charges until a different schedule has been posted and filed;

          E. immediately after the sale of any livestock at the livestock auction market, account and pay to the owner of the livestock the entire proceeds of the sale less [his] the operator's applicable scheduled charges;

          F. make promptly after each sale and keep for a period of three years a complete record of the sale that contains a description of the livestock sold, the name of the owner and of the purchaser, the date of sale, the sale price and the amount and items of the operator's charges and open all such records to examination by the [board] department or its inspector at any time on request;

          G. be responsible for the wrongful acts or omissions of [his] the operator's agents and employees; and

          H. comply with and conform to all lawful rules of the board of regents pursuant to Chapter 77, Article 10 NMSA 1978 and shall cooperate with the [board] department in preventing the spread of diseases through the operation of the livestock auction market and in the suppression of livestock theft."

     SECTION 74. Section 77-10-4 NMSA 1978 (being Laws 1937, Chapter 59, Section 4, as amended) is amended to read:

     "77-10-4. NOTICE [TO BOARD] OF RECEIPT OF LIVESTOCK--CONTENTS--FEES.--Immediately on receipt of any livestock at the livestock auction market, the operator shall give written notice to the [board] department in such form as the [board] department may prescribe, stating the kind and number and description of the livestock received. At the same time, the operator shall collect and remit to the [board] department or agent for the [board] department the inspection fees prescribed by law for each head of livestock received. All money paid to the [board] department shall be deposited to the [proper board] livestock receipts and disbursements fund."

     SECTION 75. Section 77-10-9 NMSA 1978 (being Laws 1937, Chapter 59, Section 8 1/2, as amended) is amended to read:

     "77-10-9. LIVESTOCK--OWNERS BOUND BY RULES.--Whenever an owner of livestock [avails himself] makes use of the provisions of Chapter 77, Article 10 NMSA 1978, [he] the owner is bound by the rules of the board of regents as to health and ownership."

     SECTION 76. Section 77-10-10 NMSA 1978 (being Laws 1937, Chapter 59, Section 9, as amended) is amended to read:

     "77-10-10. VIOLATIONS--PENALTY.--A person who violates Chapter 77, Article 10 NMSA 1978 or any rule of the board of regents made pursuant to that article is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978, and each day's violation constitutes a separate offense."

     SECTION 77. Section 77-12-6 NMSA 1978 (being Laws 1923, Chapter 68, Section 6, as amended) is amended to read:

     "77-12-6. DISTRAINT OF LIVESTOCK FOR DAMAGES.--A person damaged by trespassing livestock may hold and distrain the trespassing livestock until the damages that [he] the person has suffered and the costs, including a reasonable amount set by the board of regents per head per day for feeding and caring for the livestock during the time the livestock is so distrained, are paid or legally tendered. The person distraining the livestock shall give notice to the owner, if known or ascertainable, within forty-eight hours after distraint."

     SECTION 78. Section 77-13-2 NMSA 1978 (being Laws 1907, Chapter 80, Section 2, as amended) is amended to read:

     "77-13-2. IMPOUNDMENT OF ESTRAY ANIMALS.--

          A. A person shall not impound an estray except when the estray is found on property the person owns or controls. When a person impounds an estray, [he] the person shall, within five days of the impoundment, notify the director or an inspector of the impoundment.

          B. A person having knowledge of an estray upon any public or private range, fenced or unfenced, may notify the director or an inspector, giving description of the estray, and upon instructions from the [board] director or inspector, the estray shall be turned over to an inspector for disposition as the [board] director may direct according to law.

          C. It is lawful for a person having knowledge of an estray grazing on public land, public highways or other lands used for grazing purposes in conjunction with public land and who has the prior approval of or is acting in cooperation with an agent of the [board] department to impound and detain the estray for the purpose of ascertaining ownership by brand or other means of identification. The owner of the estray found to be in trespass shall be allowed forty-eight hours from receipt of notice of impoundment within which to claim the animal and make settlement for trespass damage. If the owner fails to claim the animal and effect a settlement for trespass damages within the time allowed, the estray detained shall be turned over to an inspector or other agent of the [board] department for disposition in the same manner as provided for other estrays under Chapter 77, Article 13 NMSA 1978."

     SECTION 79. Section 77-13-3 NMSA 1978 (being Laws 1907, Chapter 80, Section 3, as amended) is amended to read:

     "77-13-3. EXAMINATION OF BRAND RECORDS--NOTICE TO OWNER--CHARGE FOR CARE--LIMITATION.--Upon receiving notice of the impoundment of an estray, the director shall make or cause to be made an examination of the brand records. If from this record the name of the owner or probable owner can be determined, the director shall notify the owner of the impoundment of the estray and, upon the owner proving to the satisfaction of the [board] director that the estray is lawfully [his] the owner's animal, the [board] director shall issue to [him] the owner an order to receive the estray upon payment of any reasonable charges that may have been incurred in the care of the estray impounded."

     SECTION 80. Section 77-13-4 NMSA 1978 (being Laws 1907, Chapter 80, Section 4, as amended) is amended to read:

     "77-13-4. OWNER UNKNOWN--PUBLICATION AND POSTING OF NOTICE.--If the director [of the New Mexico livestock board] is unable to determine from the records and description who is the owner or probable owner of [such] an estray, [or estrays, he] the director shall publish at least once in some publication in general circulation in the county in which the estray animal was picked up, [said] the publication to be designated by the [New Mexico livestock board] department, a notice of [such] the estray [which]. The notice shall give a description of the animal [or animals], shall state when and where [the same were] it was impounded and shall give notice that unless the animal [or animals are] is claimed by the legal owner within five days after the publication of the notice, the [same] animal shall be sold by the [New Mexico livestock board] department for the benefit of the owner when found."

     SECTION 81. Section 77-13-5 NMSA 1978 (being Laws 1907, Chapter 80, Section 5, as amended) is amended to read:

     "77-13-5. SALE OF UNCLAIMED ESTRAYS--BILL OF SALE--EFFECT--SALE WITHOUT ADVERTISEMENT--CONDITIONS.--If an estray is not claimed within five days after the last publication of notice, it may be sold by the [board] department through an inspector in such manner as the [board] department may direct. The inspector making the sale shall give a bill of sale to the purchaser from the [board] department, signed by [himself as] the inspector. The bill of sale shall be legal evidence of the ownership of the livestock by the purchaser and shall be a legal title to the livestock. Where the director determines that it is impractical to publish notice, the estray may be sold immediately without notice. In such case, the [board] department shall publish notice of the proceeds from the sale of the estray in the same manner and for the same length of time as provided for the notice of the sale and shall hold and distribute the proceeds from the sale in the same manner as if the sale were made after notice."

     SECTION 82. Section 77-13-6 NMSA 1978 (being Laws 1907, Chapter 80, Section 6, as amended) is amended to read:

     "77-13-6. DISPOSITION OF PROCEEDS--RECORD OF SALE--PAYMENTS TO OWNER.--The inspector making the sale of an estray shall return the proceeds of the sale to the [board] department. The [board] department shall pay the expenses incurred in the impounding, publishing of notice and selling of the animal and place the balance in the livestock receipts and disbursements fund of the [board] department, making a record of the same showing the marks and brands and other means of identification of the livestock and giving the amount realized from the sale. The record shall be open to [the] inspection [of] by the public. Should the lawful owner of an estray that has been sold be found within two years after the sale of the livestock, the net amount received from the sale of the estray less the sum prescribed by law for office handling fees shall be paid to the owner upon [his] the owner's proving ownership to the satisfaction of the [board] department."

     SECTION 83. Section 77-13-7 NMSA 1978 (being Laws 1907, Chapter 80, Section 7, as amended) is amended to read:

     "77-13-7. RIGHTS OF IMPOUNDER--CHARGES--DETERMINATION BY [BOARD] DEPARTMENT.--Upon the impoundment of [any] an estray animal [or animals] as provided in Section [47-14-2 NMSA 1953] 77-13-2 NMSA 1978, the impounder shall be entitled to hold [same] the estray lawfully until relieved of [their] its custody by the [New Mexico livestock board] department. Should a claimant for the animal [or animals] apply to the impounder for possession [of the same], the impounder shall at once notify the [New Mexico livestock board] department in writing of [such] the application. Should the [board] department be satisfied that the applicant is the lawful owner, it shall [forthwith] issue an order by the director authorizing the impounder to deliver [said] the estray [or estrays] to the owner, who may be required to pay any reasonable charges incurred by the impounder; provided, that in case of a controversy as to what [shall constitute] constitutes a reasonable charge, the [New Mexico livestock board] department shall fix the amount and the time of service for which the impounder may claim remuneration, commencing on the date of notification made by the impounder to the [New Mexico livestock board] department."

     SECTION 84. Section 77-13-9 NMSA 1978 (being Laws 1907, Chapter 80, Section 9, as amended) is amended to read:

     "77-13-9. ESCAPE OR REMOVAL OF ESTRAY--POSSESSORY RIGHT OF PERSON IMPOUNDING.--If [any] an animal, after having been impounded by [any] a person under the provisions of [this Article, shall escape] Chapter 77, Article 13 NMSA 1978, escapes or [be] is taken from the possession or custody of [such] the person before the [same shall have been] animal is disposed of under the provisions of [this] that article, then such the person or the [New Mexico livestock board] department or its authorized inspector [shall have] has the right to recover the animal wherever [the same] it may be found to be held until disposed of as provided for in this article."

     SECTION 85. Section 77-14-22 NMSA 1978 (being Laws 1919, Chapter 88, Section 16, as amended) is amended to read:

     "77-14-22. SALE OF LIVESTOCK--SURPLUS FUNDS--COSTS AND EXPENSES.--The magistrate, after paying all costs, fees and claims from the proceeds of a sale that is made under [his] the magistrate's direction as provided in Sections 77-14-8 through 77-14-24 NMSA 1978, shall pay the remainder to the owner of the livestock. If the owner is unknown, the magistrate shall deposit the proceeds of the sale, after paying all costs and claims, with the [board] department, which shall handle the proceeds in accordance with the provisions of Chapter 77, Article 13 NMSA 1978; provided, however, that in case the sale is made under execution, as provided in Section 77-14-18 NMSA 1978, the magistrate shall file with the officer making the sale a certified statement of all costs and expenses that may have accrued, which shall be paid by the officer selling the livestock under execution as other costs are paid."

     SECTION 86. Section 77-14-36 NMSA 1978 (being Laws 1975, Chapter 329, Section 1, as amended) is amended to read:

     "77-14-36. IMPOUNDMENT OF TRESPASS LIVESTOCK.--

          A. Any livestock found to be in trespass upon the lands of another or running at large upon any public highway [which] that is fenced on both sides or running at large within the limits of any municipality, town or village, whether incorporated or not, or within a military reservation or enclave [whether incorporated or not] is subject to impoundment by an agent of the [New Mexico livestock board] department. The place of impoundment shall be at the nearest or most convenient location from where the trespass occurred.

          B. Any livestock impounded under the provisions of this section [will] shall be released to the owner or [his] the owner's representative upon the payment by the owner of a fee set by [regulation] rule of the [New Mexico livestock] board of regents not to exceed amounts prescribed by law for impounding [if any incurred].

          C. The [New Mexico livestock board] department shall designate [the person] a custodian and a place of impoundment and allow a reasonable fee to be charged by the custodian of the impounded livestock; provided that in case of a controversy as to what constitutes a reasonable charge, the [board] department shall set the amount of the charge.

          D. This section shall not be construed to affect the obligation of a property owner of meeting the requirements of Section 77-16-1 NMSA 1978 for fencing against such trespasses.

          E. Any cost charged against trespass livestock will be a lien on the livestock. If the owner does not pay the charges and reclaim possession of the livestock within five days after receipt of notification by the owner, the livestock shall be considered unclaimed estrays and may be sold in accordance with the provisions of Section 77-13-5 NMSA 1978."

     SECTION 87. Section 77-16-18 NMSA 1978 (being Laws 1963, Chapter 180, Section 1) is amended to read:

     "77-16-18. REPORT OF KILLED OR CRIPPLED LIVESTOCK--INSPECTION AND REMOVAL.--

          A. Every railroad in this state, upon discovery of livestock killed or crippled upon a section of the railroad right of way, shall immediately make a report thereof to an inspector of the [cattle sanitary board] department or to any other person designated by the [board] department for the purpose of receiving the report.

          B. The report required by Subsection A of this section shall designate the place where the crippled or killed livestock is located and the brand on the livestock. The [board] department or a person designated by it shall promptly inspect the stock, notify the owner and make a report of the inspection, including [therein] in the report the age, color, sex, approximate weight, marks and brand of the stock. One copy of the report shall be transmitted by the inspector to the [board] department, one to the owner of the stock and one to the railroad.

          C. Dead livestock shall not be destroyed by the railroad until the inspection required by this section is made, but if the inspection is not made within twenty-four hours after transmittal of the report by the railroad, the railroad may bury the dead stock and shall [thereupon] promptly notify the [board] department or the person designated by it of the place of burial so that inspection may be made.

          D. A railroad [which] that fails to make any report required by this section is guilty of a petty misdemeanor.

          E. "Railroad" as used in this section includes any person, firm or corporation."

     SECTION 88. Section 77-17-2 NMSA 1978 (being Laws 1939, Chapter 115, Section 2, as amended) is amended to read:

     "77-17-2. LICENSES--BUTCHER OR SLAUGHTERER--DEALER IN FRESH MEAT OR LIVESTOCK OR POULTRY MEAT PRODUCTS OR MEAT FROM OTHER BIRDS AND ANIMALS USED FOR HUMAN CONSUMPTION--COLD STORAGE LOCKER--RENDERING PLANT.--

          A. A person carrying on or desiring to carry on the business of butcher or slaughterer of livestock used for human consumption shall procure a license from the [board] department prior to carrying on the business and shall pay a yearly license fee not to exceed one hundred dollars ($100).

          [B. In addition, such person may be charged reasonable fees for meat inspection service over and above the inspector's normal working assignment under the rules of the board pertaining to meat inspection.

          C.] B. Application for licensure shall be made upon a form prescribed by the [board] department and shall be accompanied by the amount of the license fee provided in this section. The license fee shall not be prorated on account of the applicant doing business for less than a full calendar year, and the license renewal fee in the same amount shall be paid for each calendar year in which any person engages in the business and be paid at the time prescribed by rules of the board of regents.

          [D.] C. A person carrying on or desiring to carry on the business of selling or dealing in the fresh meat or meat products of livestock used for human consumption or livestock or poultry meat products or manufacturing or processing of meat or poultry products or operating a rendering plant or operating a cold storage locker plant in which cold storage lockers are rented or leased to other persons shall obtain a license to engage in the business from the [board] department after making application upon forms prescribed by the [board] department and upon payment of an annual license fee in an amount set by the [board] department not to exceed one hundred dollars ($100). Annual renewal fees are payable at times prescribed by rule of the board of regents. No bond or bond filing fee is required for any person licensed pursuant to this subsection.

          [E.] D. Licenses provided for in this section shall not be issued to a person who is not meeting the requirements for facilities and product handling provided for in the federal and state meat inspection acts and United States department of agriculture food safety and inspection service and board of regents rules. For good cause shown, the [board] department may, after notice to the holder of a license provided for in this section and after a reasonable hearing, revoke a license."

     SECTION 89. Section 77-17-3 NMSA 1978 (being Laws 1939, Chapter 115, Section 3, as amended) is amended to read:

     "77-17-3. BOND FOR LICENSES.--

          A. Except as provided in Subsection [D] C of Section 77-17-2 NMSA 1978, [no] a person [firm or corporation] shall not carry on any of the businesses set forth in Section 77-17-1 NMSA 1978 without filing with the [New Mexico livestock board] department a bond in the sum of one thousand dollars ($1,000) payable to the [New Mexico livestock board] department and conditioned that the principal shall:

                (1) [will] keep a correct record, in a book kept for that purpose, of all cattle or other animals purchased or slaughtered [by him] with a description of each animal, including marks, brands, age and weight, from whom purchased and the date of its slaughter; [and]

                (2) [will] not slaughter or cause to be slaughtered any animal at any place other than the place of slaughter named in [his] the application for license; and

                (3) [will] keep the hides of all animals slaughtered [by him] at the place of slaughter until inspected by an authorized inspector of the [New Mexico livestock board] department and until a hide inspection fee is paid to the [board] department in a sum fixed by the board of regents pursuant to law.

          B. The bond shall be signed by the person [firm or corporation] engaging in the business together with a corporate surety company authorized to do business in this state and approved by the [New Mexico livestock board or its representatives] department.

          C. The bond shall be executed in duplicate, one copy filed with the [New Mexico livestock board] department and the other copy, after being approved by the [board] department, posted in the place of business of the principal, where it can easily be seen by persons interested.

          D. If, in the opinion of the [New Mexico livestock board, if] department, the bond appears at any time to be insecure, exhausted or otherwise doubtful, an additional or new bond of not more than one thousand dollars ($1,000) and satisfactory to the [New Mexico livestock board] department shall be filed by the licensee within ten days after written demand upon the licensee by the [board] department. Upon failure of the licensee to file the additional or new bond, the license shall be revoked by the [New Mexico livestock board] department."

     SECTION 90. Section 77-17-5 NMSA 1978 (being Laws 1939, Chapter 115, Section 4, as amended) is amended to read:

     "77-17-5. DISPOSITION OF LICENSE FEES.--The proceeds from the license fees shall be paid into the [board's interim] livestock receipts and [disbursement] disbursements fund [for credit to the meat inspection division and shall be expended by the board for the same purposes and in a like manner as other money in the board's meat inspection division]."

     SECTION 91. Section 77-17-10 NMSA 1978 (being Laws 1884, Chapter 47, Section 21, as amended) is amended to read:

     "77-17-10. INSPECTION OF RECORD, HIDES AND EARS.--The record, hides and ears of cattle, sheep and goats shall be open to the inspection by the [board] department for the period of thirty days or until inspected by an inspector, and any butcher or slaughterer who refuses to permit such inspection or examination is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

     SECTION 92. Section 77-18-2 NMSA 1978 (being Laws 1987, Chapter 151, Section 1, as amended) is amended to read:

     "77-18-2. SEIZURE AND DISPOSITION OF CRUELLY TREATED LIVESTOCK.--

          A. If a livestock inspector or other peace officer has reason to believe that livestock [is] are being cruelly treated, the inspector or peace officer may apply to a court in the county where the livestock [is] are located for a warrant to seize the allegedly cruelly treated livestock.

          B. On a showing of probable cause to believe that the livestock [is] are being cruelly treated, the court shall issue a warrant for the seizure of the livestock and set the matter for hearing as expeditiously as possible within thirty days unless good cause for a later time is demonstrated by the state. Seizure as authorized by this section shall be restricted to only those livestock allegedly being cruelly treated. The board of regents by rule shall establish procedures for preserving evidence of alleged cruel treatment of livestock.

          C. If criminal charges are filed against the owner, the court shall, upon proper petition, proceed to determine if security is required to be posted pursuant to Section 30-18-1.2 NMSA 1978. Otherwise, the judge or magistrate executing the warrant shall notify the [board] department, have the livestock impounded and give written notice to the owner of the livestock of the time and place of a hearing to determine disposition of the livestock.

          D. All interested parties, including the district attorney, shall be given an opportunity to present evidence at the hearing, and if the court finds that the owner has cruelly treated the livestock, the court shall order the sale of the livestock at fair market value or order humane destruction. If the livestock [is] are ordered sold, the sale shall occur within ten days of the order. If the court does not find that the owner has cruelly treated the livestock, the court shall order the livestock returned to the owner.

          E. If the court orders the sale of the livestock, the [board] department shall take proper action to ensure the livestock [is] are sold at fair market value, including acceptance of reasonable bids or sale at auction. A bid by the owner of the livestock or the owner's representative shall not be accepted.

           F. Proceeds from the sale of the livestock shall be forwarded to the court ordering the sale. From these proceeds, the court shall pay all expenses incurred in caring for the livestock while [it was] they were impounded and any expenses involved in [its] their sale. Any excess proceeds of the sale shall be forwarded to the former owner. If the expenses incurred in caring for and selling the livestock exceed the amount received from the sale, the court shall order the former owner to pay the additional cost."

     SECTION 93. TEMPORARY PROVISION--TRANSFERS OF APPROPRIATIONS, MONEY, PROPERTY, FUNDS, PROPERTY TAX RECEIPTS, CONTRACTUAL OBLIGATIONS, STATUTORY REFERENCES AND RULES.--

          A. On the effective date of this act, all functions, personnel, appropriations, money, records, vehicles, equipment, furniture and other property of the New Mexico livestock board shall be transferred to the New Mexico department of agriculture.

          B. On the effective date of this act, all money in the New Mexico livestock board interim receipts and disbursements fund and the New Mexico livestock board general fund shall be transferred to the livestock receipts and disbursements fund administered by the New Mexico department of agriculture.

          C. On the effective date of this act, all property tax receipts due and owing to the New Mexico livestock board shall be paid to the New Mexico department of agriculture to be credited to the livestock receipts and disbursements fund.

          D. On the effective date of this act, all contractual obligations of the New Mexico livestock board shall be binding on the New Mexico department of agriculture.

          E. On the effective date of this act, all statutory references to the New Mexico livestock board in its duties pursuant to The Livestock Code or livestock shall be deemed to be references to the New Mexico department of agriculture; provided that statutory references to the New Mexico livestock board's power to adopt rules or set fees shall be deemed to be references to the board of regents of New Mexico state university.

          F. On the effective date of this act, all rules of the New Mexico livestock board shall be deemed to be rules of the board of regents of New Mexico state university until amended or repealed by the board of regents of New Mexico state university.

     SECTION 94. REPEAL.--Sections 77-2-3, 77-2-4, 77-2-6, 77-2-10, 77-2-12, 77-2-14, 77-2-18, 77-2-19 and 77-10-8 NMSA 1978 (being Laws 1967, Chapter 213, Sections 3 and 4, Laws 1977, Chapter 256, Section 3, Laws 1973, Chapter 84, Section 1, Laws 1891, Chapter 34, Section 11, Laws 1937, Chapter 205, Section 1, Laws 1889, Chapter 106, Sections 21 and 22 and Laws 1937, Chapter 59, Section 8, as amended) are repealed.

     SECTION 95. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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