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F I S C A L I M P A C T R E P O R T
SPONSOR
Garcia, M.J.
ORIGINAL DATE
LAST UPDATED
1/30/07
3/2/07
HB
SHORT TITLE
Animal Sheltering Services Act
SB
458/aSFC
ANALYST
Wilson
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY07
FY08
FY09 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
$200.0 $200.0
$400.0 Recurring General
Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates HB 453
SOURCES OF INFORMATION
LFC Files
Responses Received From
Corrections Department (CD)
Regulation & Licensing Board (RLD)
SUMMARY
Synopsis of SFC Amendment
The Senate Finance amendment strikes the $200 thousand appropriation.
Synopsis of Original Bill
Senate Bill 458 appropriates $200,000 from the general fund to RLD to carry out the provisions
of the Animal Sheltering Services Act
The bill creates the Animal Sheltering and Services Act to promote safe, healthy and clean living
conditions for animals housed in animal shelters, to license euthanasia providers and euthanasia
agencies and to certify euthanasia instructors.
The legislation will create the Animal Sheltering Services Board that will operate under, and be
administratively attached to RLD. In addition, the legislation provides the creation of three new
FTE’s to operate the Board. The appropriation request of $200,000 will make the board
operational.
pg_0002
Senate Bill 458/aSFC – Page
2
The legislation will allow the board to employ a board Administrator, a compliance officer and a
veterinarian, all of whom will assist shelters with maintaining humane euthanasia standards and
developing and utilizing minimum standards of operation to promote safe, healthy and clean
living conditions for animals housed in shelters.
•
The veterinarian will work with euthanasia agencies to establish the correct record
keeping and storage protocols for controlled substances used in euthanizing animals; train
staff on how to administer humane euthanasia when necessary; and help provide training
for the proper protocols for animals while they are housed in an animal shelter.
•
The compliance officer will assist shelter employees in all aspects of shelter training,
conduct site reviews and inspections and help public shelters maintain minimum
standards of operations and infrastructure to promote safe, healthy and clean living
conditions for animals housed in shelters.
•
The board administrator will help provide education and seminars for the public on
humane care for animals housed in shelters; assist shelters with referrals and provide all
necessary administrative support for the board.
FISCAL IMPLICATIONS
The appropriation of $200,000 contained in this bill is a recurring expense to the general fund for
expenditure in fiscal year 2008 and subsequent fiscal years. Any unexpended or unencumbered
balance remaining at the end of a fiscal year shall not revert to the general fund...
The Animal Care and Facility Fund is created in the state treasury. All fees collected pursuant to
the Animal Sheltering Services Act shall be deposited in the fund.
This bill creates a new fund and provides for continuing appropriations. The LFC has concerns
with including continuing appropriation language in the statutory provisions for newly created
funds, as earmarking reduces the ability of the legislature to establish spending priorities.
The bill also allows the Board to collect funding through private sources such as gifts, grants,
donations and bequests.
SIGNIFICANT ISSUES
Animal services are a necessary part of every community in New Mexico, mandated in part by
NMSA 77-1-1-20 and proven by the fact that over 90,000 unwanted animals are euthanized in
New Mexico animal shelters each year. The constant outcry from the public and responsible
agencies for effective and humane animal services underscores that need to implement humane
animal services as the inherent responsibility of each community.
Animal shelters in New Mexico currently have no standards for animal care, employee conduct,
humane animal handling, humane education or humane disposition of animals, yet they often
seek guidance for such standards.
There is no infrastructure to support counties and municipalities, which are required by state law
to manage domestic animals.
Taxpayers frequently lodge complaints regarding housing and levels of care in their local animal
shelter but there is no agency regulating animal shelters or the humane euthanasia of unwanted
sheltered animals in New Mexico. Complaints are often reported to private non-profits or are
simply not addressed, allowing unchecked substandard care, inappropriate behavior and animal
suffering, as well as higher liability for communities.
pg_0003
Senate Bill 458/aSFC – Page
3
Animal shelter employees charged with the unpleasant burden of euthanasia, often without
training, supervision or accountability, make frequent errors that result in animal suffering.
The Animal Sheltering Services Board will have responsibility for establishing recommended
operating and infrastructure standards for public animal shelters. The Board will also maintain
responsibility for establishing humane euthanasia protocols for public and private shelters,
including helping to provide training in humane euthanasia procedures. The board will offer a
mechanism for licensing euthanasia agencies, euthanasia providers and euthanasia instructors.
The board will license euthanasia agencies and euthanasia instructors. In addition, the board will
develop an examination to certify individuals as euthanasia providers.
ADMINISTRATIVE IMPLICATIONS
RLD will assist with the implementation and administration of the Animal Sheltering Services
Act.
SIGNIFICANT ISSUES
The health, safety and general welfare of the animals and residents of New Mexico will be better
served by requiring training, standards and regulations for animal shelters and licensed
Euthanasia Providers.
Without a safe place to shelter stray, abandoned or unwanted animals, there are higher liability
risks for the community and local government that include:
•
an increase in animal bite incidents;
•
an increase in property damage (i.e. livestock depredation, vehicle damage);
•
potential for civil and criminal suits when taxpayers allege mistreatment of sheltered
animals;
•
an increase in negative human and animal contact when taxpayers do not use or support
their local shelter due to lack of faith in conduct and care;
•
an increase in animal shelter costs that will continue to escalate without intervention (i.e.
a spay-neuter plan);
•
an increase in animal suffering and cruelty.
DUPLICATION
SB 458 duplicates HB 453.
CS/nt