SENATE BILL 211

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Jacob R. Candelaria

AN ACT

RELATING TO ANIMALS; PROVIDING FOR WAIVER OF STERILIZATION DEPOSITS FOR CERTAIN ORGANIZATIONS RESCUING ANIMALS FROM ANIMAL SHELTERS.

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

     SECTION 1. Section 77-1-20 NMSA 1978 (being Laws 1993, Chapter 43, Section 3) is amended to read:

     "77-1-20. STERILIZATION AGREEMENT AND STERILIZATION DEPOSIT REQUIRED.--

          A. [No] An animal shall not be released from an animal shelter to an adopting person unless a sterilization agreement has been signed and a sterilization deposit has been paid [as provided in] pursuant to Subsections C and D of this section; provided that an animal rescue organization exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended or renumbered, is not required to pay a sterilization deposit otherwise required by this section.

          B. In addition to any adoption fee charged, a sterilization deposit of at least twenty-five dollars ($25.00) shall be imposed on the adoption of each animal from an animal shelter.

          C. Animals less than six months of age shall be released only upon payment of the adoption fee and a sterilization deposit and after the adopting person has signed an agreement stating [he] that the adopting person will have the adopted animal sterilized when it is no older than six months of age.

          D. Adult animals over the age of six months shall be released only upon payment of the adoption fee and a sterilization deposit and after the adopting person has signed an agreement stating [he] that the adopting person will have the animal sterilized within thirty days of the date of adoption.

          E. The sterilization deposit shall be reimbursed only upon presentation of a receipt from a veterinarian that the adopted animal has been sterilized.

          F. An unsterilized animal reclaimed by its owner shall be released without being sterilized upon payment of the twenty-five dollars ($25.00) for the sterilization deposit and impoundment fees imposed by the shelter, and the owner shall sign an agreement stating [he] that the owner will sterilize the animal within thirty days after release or will obtain a breeder permit or its equivalent. The sterilization deposit shall be reimbursed upon presentation by the owner of a receipt from a veterinarian that the animal has been sterilized."

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