State of New Mexico House of Representatives FORTY-THIRD LEGISLATURE FIRST SESSION, 1997 February 25, 1997 Mr. Speaker: Your AGRICULTURE AND WATER RESOURCES COMMITTEE, to whom has been referred HOUSE BILL 500 has had it under consideration and reports same with recommendation that it DO PASS, amended as follows: 1. On page 1, line 12, after the second occurrence of "ANIMALS;" insert "AMENDING,". 2. On page 2, lines 9 and 10, strike "for forty-eight hours or more". 3. On page 3, line 2, after "hunting," insert "falconry,". 4. On page 3, line 8, strike "the use of commonly acceptable". 5. On page 3, line 9, after "practices" insert "pursuant to the provisions of Section 77-18-2 NMSA 1978". 6. On page 3, line 10, strike "the use of commonly acceptable". 7. On page 3, line 11, after "practices" insert "pursuant to the provisions of Section 77-18-2 NMSA 1978". 8. On page 3, line 20, strike "health, safety or". 9. On page 3, line 21, after "endangered" insert "except that livestock and rodeo animals are dealt with pursuant to the provisions of Section 77-18-2 NMSA 1978"., 10. On page 3, between lines 23 and 24, insert the following new sections: "Section 2. [NEW MATERIAL] FRIVOLOUS LAWSUITS.--If a court determines that any action brought alleging cruelly treating, cruelty or extreme cruelty pursuant to Section 30-18-1 or 77-18-2 NMSA 1978 is frivolous, the court may award reasonable costs and attorney fees to the defendant. Section 3. Section 77-18-2 NMSA 1978 (being Laws 1987, Chap- ter 151, Section 1) is amended to read: "77-18-2. SEIZURE AND DISPOSITION OF CRUELLY TREATED LIVESTOCK--FRIVOLOUS LAWSUITS.-- A. If a livestock inspector has reason to believe that livestock are being cruelly treated by torturing, tormenting or depriving them of necessary sustenance, cruelly beating, mutilating, cruelly killing or overdriving any livestock, he may apply to a magistrate court in the county where the livestock are located for a warrant to seize the cruelly treated livestock. B. On a showing of probable cause to believe that the livestock are being cruelly treated [by depriving them of necessary sustenance], the magistrate court shall issue a warrant and set a time within ten days of the seizure for a hearing to determine whether the livestock are being so cruelly treated. Seizure as authorized by this section shall be restricted to only those livestock being cruelly treated. The magistrate executing the warrant shall notify the New Mexico livestock board, have the livestock impounded and give written notice to the owner of the livestock of the time and place of the magistrate court hearing. After all interested parties have been given an opportunity to present evidence at the hearing and if the court finds that the owner is guilty of cruelly treating the livestock [by depriving them of necessary sustenance], the court shall order a public sale of the livestock to be held at the next scheduled sale or within ten days, and the court shall have the livestock delivered to a licensed sales ring for public auction. If the court does not find that the owner has so cruelly treated the livestock, the court shall order the livestock returned to the owner. C. If the court orders a public sale of the livestock by auction, notice of the auction shall be posted on a public bulletin board where other public notices are posted for the city, town or county. A bid by the owner of the livestock or his representative shall not be accepted at the auction. D. Proceeds from the sale of the livestock shall be forwarded to the magistrate ordering the sale. From these proceeds, the magistrate shall pay all expenses incurred in caring for the livestock while it was impounded and any expenses involved in its sale. Any excess proceeds of the sale shall be forwarded to the owner convicted of so cruelly treating the livestock. [E. As used in this section, "livestock" means domestic animals such as cattle, horses, sheep, hogs and goats and includes burros.] E. If a court determines that any action brought alleging cruelly treating pursuant to this section is frivolous, the court may award reasonable costs and attorney fees to the defendant." Section 4. Section 77-18-4 NMSA 1978 (being Laws 1989, Chap- ter 175, Section 2) is amended to read: "77-18-4. PENALTY.--Any person who violates Section [1 of this act] 77-18-2 or 77-18-3 NMSA 1978 is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a definite term of less than one year or both. After two violations of this section, any person guilty of subsequent offenses is guilty of extreme cruelty pursuant to Section 30-18-1 NMSA 1978 and is subject to the provisions thereof."". 11. Renumber succeeding sections accordingly., and thence referred to the JUDICIARY COMMITTEE. The roll call vote on Amendment #9 was 8 For 1 Against Yes: 8 No: Abeyta Excused: None Absent: None Respectfully submitted, G. X. McSherry, Chairman Adopted Not Adopted (Chief Clerk) (Chief Clerk) Date The roll call vote was 8 For 0 Against Yes: 8 Excused: Abeyta Absent: None .117565.2 G:\BILLTEXT\AMEND_97\H0500AG1