SENATE BILL 559

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Mary Jane M. Garcia

AN ACT

RELATING TO ANIMAL WELFARE; CREATING THE COMMISSION ON THE WELFARE OF ANIMALS; SETTING FORTH POWERS AND DUTIES OF THE COMMISSION; MAKING AN APPROPRIATION.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Commission on the Welfare of Animals Act".

     Section 2. DEFINITIONS.--As used in the Commission on the Welfare of Animals Act:

          A. "animal" means a domestic animal:

                (1) not otherwise defined in statute as livestock or a game animal; or

                (2) that is not an exotic wild animal kept in captivity; and

          B. "commission" means the commission on the welfare of animals.

     Section 3. CREATION OF COMMISSION--TERMS--POWERS--DUTIES.--

          A. The "commission on the welfare of animals" is created and administratively attached to the regulation and licensing department.

          B. The commission consists of nine members who shall be appointed by the governor. Members of the first commission shall be appointed for staggered terms, in the following manner:

                (1) three members shall be appointed to terms ending on December 31, 2008;

                (2) three members shall be appointed to terms ending on December 31, 2009; and

                (3) the remaining three members shall be appointed to terms ending on December 31, 2010.

          C. Following the first appointments, all terms shall be for three years beginning on January 1 following the year in which the prior term ends. Vacancies of incomplete terms shall be filled by appointment by the governor for the remainder of the term. A member may serve two full terms, not including years served to complete a partial term for which the member was appointed to fill a vacancy. A member shall serve until the member's replacement is appointed or until the member submits a letter of resignation to the governor.

          D. A majority of the commission's members constitutes a quorum for the transaction of business. The governor shall annually designate the chair and vice chair of the commission from among the members.

          E. The commission shall meet at least six times per year to complete its duties.

          F. Members of the commission shall be paid per diem and mileage pursuant to the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance for each day spent in the discharge of their duties.      

     Section 4. FEDERAL PROGRAMS--DESIGNATED AGENCY-- AGREEMENTS AND CONTRACTS WITH THE FEDERAL GOVERNMENT AUTHORIZED.--

          A. The commission is designated as the agency to coordinate, oversee, implement, operate or contract for the operation of federal programs related to the welfare of animals except those specifically designated by law to another state agency.

          B. The commission may enter into agreements and contracts with agencies of the federal government to allow the state to use federal funding related to the welfare of animals.

     Section 5. COMMISSION--POWERS--DUTIES.--

          A. The commission shall:

                (1) stimulate and encourage throughout the state the study and review of the welfare of animals in New Mexico and develop and implement programs aimed at improving animal welfare;

                (2) recommend methods of improving conditions at both public and private animal shelters and sanctuaries in the state and develop programs to enable shelters and sanctuaries to provide the highest level of animal welfare;

                (3) promote methods of limiting the number of unwanted, abandoned, stray, feral or otherwise homeless domestic animals in the state;

                (4) cooperate with and assist public and private entities dealing with the welfare of animals; and

                (5) conduct periodic conferences throughout the state to promote the welfare of animals and to acquire information about the needs and challenges of animals.

          B. The commission may:

                (1) act as a clearinghouse for all activities and information involving the welfare of animals; and

                (2) receive on behalf of the state gifts, grants, donations or bequests from any source to be used in carrying out the duties of the commission.

     Section 6. APPROPRIATION.--Eighty thousand dollars ($80,000) is appropriated from the general fund to the regulation and licensing department for expenditure in fiscal year 2008 to administer the Commission on the Welfare of Animals Act and to fund per diem and mileage for members of the commission on the welfare of animals. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.

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