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Animal Protection Issues met with Tremendous Support In New Mexico’s 2009 Legislative Session
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New Mexico’s fast-paced 2009 legislative session involved the introduction of an unprecedented number of animal protection bills, yet the 60-day period was confounded by a broad lack of funding for programs and projects. Despite these challenges, several animal protection bills and special funding for animal shelters to transition to humane euthanasia were approved by the legislature and now await the consideration and support of Governor Bill Richardson.
Two Animal Protection Voters (APV) legislative initiatives, SB 127 and SB 185, passed both chambers of the legislature in their first year of introduction. If signed into law by Governor Richardson, the measures will make a critical and lasting difference for animals in New Mexico.
JOINT APV AND NEW MEXICO ATTORNEY GENERAL GARY KING’S ANIMAL CRUELTY TASK FORCE INITIATIVE PASSED BY THE NEW MEXICO LEGISLATURE:
SB 127, Custody and Care of Mistreated Animals, sponsored by Senator Peter Wirth (D-Santa Fe) and sponsored on the House floor by Representative Al Park (D-Albuquerque), will allow for much needed financial relief for local governments, animal shelters, the New Mexico Livestock Board and non-profit horse shelters. This bill allows agencies responsible for the care of animals seized in animal cruelty cases to petition the court for reimbursement of the cost of their care, which would be paid for by those charged with animal cruelty.
APV INITIATIVE PASSED BY THE NEW MEXICO LEGISLATURE:
SB 185, Pet License Plate Fees to Animal Care Fund, sponsored by Senator Mary Jane García (D-Doña Ana) and sponsored on the House floor by Representative Bill O’Neill (D-Albuquerque), improves the funding mechanism associated with the existing spay/neuter license plate law. If signed by the governor, $25 of the $35 license plate fee will go directly to the Animal Care and Facilities Fund managed by the Animal Sheltering Services Board. Funds will then be distributed to local spay-neuter programs, thereby maximizing the impact of the plate revenues to help animals.
JOINT APV AND NEW MEXICO ATTORNEY GENERAL GARY KING’S ANIMAL CRUELTY TASK FORCE INITIATIVE NOT PASSED BY THE NEW MEXICO LEGISLATURE:
HB 159, Expand Cruelty to Animals Definition, sponsored by Representative Al Park (D-Albuquerque), would have amended the current animal cruelty statute by expanding the definition of an “animal” to include “captive reptiles,” and more clearly defining “sustenance” as food, water or shelter. It added a definition of “criminal negligence” that would have assisted with the prosecution of cruelty cases: Anyone who knows or should have known of the dangers involved in certain acts and continued to act with reckless disregard, thereby endangering an animal's health and/or safety. This bill also provided that anyone who negligently mistreats an animal, abandons an animal, intentionally fails to provide sustenance for an animal, which results in great bodily harm or death, would be charged with a fourth degree felony. The bill also prohibited leaving an animal unattended in a vehicle if injury or death to the animal occurred. After passing the House by an overwhelming margin of 61-6 and receiving a unanimous vote in the Senate Conservation Committee, HB 159 was tabled in its last committee (the Senate Judiciary Committee). We are deeply grateful to Representative Al Park for his extraordinarily hard work and sponsorship of the bill. We will continue to work on these critical amendments throughout the coming year in preparation for the next legislative session.
APV INITIATIVE NOT PASSED BY THE NEW MEXICO LEGISLATURE:
HB 781, the Equine Protection Fund, sponsored by Representative Andy Nuñez (D-Hatch), received a “Do Not Pass” vote in the House Agriculture Committee. However, since there are urgent needs for horses throughout New Mexico, those in support of this important legislation (that would have provided assistance to our state’s horses) have not abandoned the initiative. Animal Protection of New Mexico (APNM) is already leading the process to establishing a private fund to address the most immediate needs of New Mexico’s horses. We will provide updates on our efforts in the coming months.
Animal Protection Voters also focused lobbying efforts and provided support for animal protection bills that were spearheaded by other groups or individuals by standing in support of the following bills in committee hearings:
Animal Protection Bills Spearheaded by Other Groups or Individuals:
PASSED:
HJM4, Wildlife Corridor Info Sharing, sponsored by Representative Mimi Stewart (D-Albuquerque), describes the importance of wildlife corridors and the need for multiple public, tribal, and private partners to work together to protect such resources, prevent damage to property, damage to vehicles and injury and death to people. The legislation proposes that the Energy, Minerals and Natural Resources Department (EMNRD) lead a multi-agency effort, using existing resources, to plan and conduct a workshop to develop and share information gathered by the Western Governors Association.
HB 265, No Gas Chamber for Animal Euthanasia, sponsored by Representative W. Ken Martinez (D-Grants), prohibits the euthanasia of dogs and cats using carbon monoxide gas chambers. This legislation also eliminates the one-year transition period and the Animal Sheltering Services Board will begin enforcing the ban on the use of the gas chamber as soon as the rules are adopted, which is expected by July 2009.
HB 593, Animal Euthanasia Requirements, sponsored by Representative W. Ken Martinez, (D-Grants), gives euthanasia technicians who are licensed by the Animal Sheltering Services Board the authority to purchase, possess and administer controlled substances that are used for euthanasia and pre-euthanasia of cats and dogs at animal shelters. Authorizing euthanasia technicians to purchase, possess and administer controlled substances for euthanasia will give shelters an alternative to
contracting with veterinarians for these purposes.
HB 2, New Mexico’s State Budget, sponsored and prioritized by Governor Bill Richardson, includes a line item that provides $100,000 in state funding in fiscal year 2010 for New Mexico’s few remaining animal shelters that use gas chambers for euthanasia to transition to humane euthanasia by injection.
SB 504, Feral Hog Control, sponsored by Senator Phil Griego (D-San Jose), makes it illegal to import or transport live feral hogs to or within New Mexico; or to hold for breeding, sell, or operate commercial feral hog hunting operations within New Mexico.
NOT PASSED:
HB 2, Intentionally Starving Animals to Death, sponsored by Representative Patty Lundstrom (D-Gallup), would have amended the animal cruelty statute to include malicious and intentional dehydration and starvation as a fourth degree felony.
HB 302/SB 358, Española Animal Services funding, sponsored by Representative Debbie Rodella (D- Espanola) and Senator Richard Martinez (D-Española), would have amended the state’s budget to appropriate monies for operations of the Española Animal Shelter.
HB 434, Family Violence Protection Act Revisions, sponsored by Representative Rhonda King (D-Stanley), would have amended the Family Violence Act to allow animals to be included in a Temporary Domestic Protection Order. This would have helped keep animals from being used as leverage against the primary victims of domestic violence. This bill ran out of time and was not heard on the Senate floor on the last day of the session. Representative King and Attorney General Gary King were tremendous champions for this bill.
HB 456, Purchase Police Dog Protective Vests, sponsored by Representative Don Tripp (R-Socorro), would have amended the Law Enforcement Protection Fund to allow for the purchase of protective equipment for police dogs. This bill passed the House and the Senate Judiciary Committees and died in the Senate Finance Committee.
HB 892, Animal Shelter Euthanasia Requirements, sponsored by Representative W. Ken Martinez (D-Grants), would have amended the state’s budget to make an appropriation to the Animal Care and Facility Fund to assist communities with transitioning to humane, injectable euthanasia.
SB 313, Cruelty to Animals Includes Abandonment, sponsored by Senator Tim Eichenberg (D-Albuquerque), would have amended the state’s animal cruelty statute to specifically provide felony penalties for those who intentionally starve or dehydrate their animals to death. This bill passed the Senate and all its House committees but was never debated on the House floor. APV commends Senator Eichenberg for his initiative and hard work on this important bill.
SB 391, Landowner Takings of Certain Animals, sponsored by Senator Michael Sanchez (D-Belen), would have amended the state game and fish statutes by removing a landowner’s right to kill wildlife that is presenting a threat to the landowner’s property, and instead would have offered compensation to landowners for the monetary loss of crops. Many constituencies worked long and hard to reach a compromise on the bill’s language, and Senator Sanchez received tremendous support from the legislature. The bill was among many that ran out of time on the House floor on the session’s last day.
While several bills failed to make it through the legislative process this year, several important new protections for animals were widely supported by legislators. Animal Protection Voters is deeply grateful for the support and attention that animal issues received from Governor Bill Richardson, New Mexico Attorney General Gary King and this compassionate legislative body in 2009.
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