reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-7.11 - Brand; priority of right to.

The time of record of any brand by the owner in the county wherein the brand was originally recorded before the creation of the board shall determine the priority of right and property in the brand and not the time of filing with the board, provided the brand has been continuously used from the date of original record.
History:
Laws 1912, ch. 55, § 6; Code 1915, § 142; C.S. 1929, § 4-1428; 1941 Comp., § 49-918; 1953 Comp., § 47-9-17; Laws 1993, ch. 248, § 53; 1978 Comp., § 77-9-19, recompiled as 1978 Comp., § 77-2-7.11 by Laws 1999, ch. 282, § 103.
ANNOTATIONS
Recompilations.
— Laws 1999, ch. 282, § 103 recompiled 77-9-19 NMSA 1978 as 77-2-7.11 NMSA 1978, effective July 1, 1999.
The 1999 amendment,
effective July 1, 1999, recompiled former 77-9-7 NMSA 1978, which was assigned as this section.
The 1993 amendment,
effective June 18, 1993, added the current catchline; deleted "cattle sanitary" preceding "board" in two places; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-7.12 - Re-recording of brands; notice; publication; fees.

A. The board shall cause all brands now on record to be re-recorded whenever the board deems necessary to clear records of unused brands. For this purpose, the board shall mail a notice, addressed to each owner of a brand now of record with the board at the current address shown on the brand record, requiring the owners of brands to file with the director any brand being on record to the owners. In addition to this notice, the board shall publish in either English or Spanish or both in at least one newspaper in each county in this state where there is a newspaper a copy of the notice to re-record. The publication shall continue for at least four consecutive weeks.
B. Within three months from the date of the first publication of the notice to re-record, owners of brands of record in the office of the board shall file with the director the brands in actual use and recorded by them and pay the re-recording fee. The fees shall be deposited in the proper fund of the board. Re-recording shall not be required more often than once in a three-year period.
History:
Laws 1923, ch. 146, § 1; C.S. 1929, § 4-1445; 1941 Comp., § 49-919; Laws 1949, ch. 47, § 1; 1953 Comp., § 47-9-18; Laws 1971, ch. 50, § 4; 1975, ch. 91, § 3; 1981, ch. 357, § 8; 1993, ch. 248, § 54; 1978 Comp., § 77-9-20, amended and recompiled as 1978 Comp., § 77-2-7.12 by Laws 1999, ch. 282, § 19.
ANNOTATIONS
Cross references.
— For "legal newspaper,"
see
14-11-2 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, recompiled this section which was formerly 77-9-20 NMSA 1978 and, in Subsection A, substituted "current address" for "post office address" and deleted "of the board an exact facsimile of" preceding "any brand" in the second sentence; in Subsection B, in the first sentence, deleted "of the board a facsimile of" preceding "the brands", and substituted "and pay the re-recording fee" for "fee for the rerecording of brands shall be fixed by the board in a sum not to exceed the amount prescribed by law for each brand rerecorded the fee to include one certified copy of the rerecording of the brand to be furnished the owner by the board with the proceeds to be used for the cost of notice given as provided in this section; provided that any excess of money from these"; and made stylistic changes throughout the section.
The 1993 amendment,
effective June 18, 1993, inserted the subsection designations "A" and "B"; deleted "New Mexico livestock" preceding "board" in five places; substituted "proper fund" for "indemnity fund" near the end of the next to last sentence; and made minor stylistic changes.
The 1981 amendment,
near the beginning of the second sentence in the second paragraph, substituted "the amount prescribed by law" for "fifteen dollars ($15.00)" and "shall" for "to" following "fee" and deleted "thereof" following "owner."
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-8 - Research and promotion of meat and meat products.

The board may enter into contracts for research into and promotion of meat and meat products. The contracts shall carry provisions for financing, and the board may accept and expend voluntary contributions from any source to finance the contracts. The provisions of this section shall not apply to or include cattle coming out of feed lots.
History:
1953 Comp., § 47-23-6.1, enacted by Laws 1969, ch. 177, § 1; 1999, ch. 282, § 4.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, deleted "New Mexico livestock" preceding "board" in the first sentence, and deleted the former third sentence, which read "Every contract for research or promotion shall contain provisions for financing the cost of the work and must be approved by the state board of finance."
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-9 - Reports of inspectors; prosecution of violations of livestock laws.

A. The board shall keep reports of its veterinarians and inspectors in accordance with the Public Records Act [Chapter 14, Article 3 NMSA 1978].
B. The board shall assist in the prosecution of persons charged with the violation of the livestock laws, including criminal laws relating to livestock, and may call upon a livestock inspector or other peace officer to execute its orders, and when it does, the peace officer shall obey the order of the board.
C. Livestock inspectors may arrest persons found in the act or whom they have probable cause to believe to be guilty of driving, holding or slaughtering stolen livestock; of violating the inspection laws of the state; or of violating any provision of Chapter 30, Article 18 NMSA 1978 relating to livestock or other criminal law relating to livestock.
History:
1953 Comp., § 47-23-7, enacted by Laws 1967, ch. 213, § 8; 1983, ch. 229, § 3; 2001, ch. 8, § 3; 2001, ch. 341, § 3.
ANNOTATIONS
Cross references.
— For penalty for violating rule or regulation of New Mexico livestock board,
see
77-2-22 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, deleted "New Mexico livestock" preceding "board" in Subsections A and B; in Subsection B, inserted "including criminal laws relating to livestock", substituted "a livestock" for "any" preceding "inspector", inserted "peace" preceding "officer", deleted "or inspector" preceding "shall obey"; and added Subsection C.
Laws 2001, ch. 8, § 3 and Laws 2001, ch. 341, § 3, both effective June 15, 2001, enacted identical amendments to this section. The section was set out as amended by Laws 2001, ch. 341, § 3.
See
12-1-8 NMSA 1978.
The 1983 amendment,
in Subsection A, deleted "a permanent record of its acts and of the acts and" following "board shall keep" and added "in accordance with the Public Records Act" at the end.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-10 - Receipts; deposit of funds.

A. The board shall designate banks where its money is to be deposited.
B. Notwithstanding the provisions of Section 6-10-3 NMSA 1978, the board may establish rules governing the receipt and deposit of fees collected by its inspectors requiring remittance to the board in not more than ten days.
History:
1953 Comp., § 47-23-8, enacted by Laws 1973, ch. 84, § 1; 1993, ch. 248, § 5; 2003, ch. 273, § 24.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, deleted former Subsections A and B, concerning collection of fees and issuance of warrants, and redesignated former Subsections C and D as present Subsection A and B.
The 1993 amendment,
effective June 18, 1993, substituted "money" and "money is" for "moneys" and "moneys are" in Subsections A and C; deleted "New Mexico livestock" preceding "board" in the first sentence of Subsection A; substituted "6-5-3 NMSA 1978" for "11-2-65 NMSA 1953" at the end of the second sentence of Subsection A; and added Subsection D.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-2-11 NMSA 1978, as enacted by Laws 1889, ch. 106, § 1, defining "cattle", effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
77-2-1.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-12 - Executive director; duties, oath and bond.

The executive director of the board shall keep records of inspections of brands and earmarks as deemed necessary by the board and shall perform such other duties as are prescribed by the board. He shall take and subscribe an oath faithfully to perform all of his duties as executive director of the board and shall enter into bond in an amount to be fixed by the board, with good and sufficient sureties, to be approved by the board, conditioned for the faithful performance of his duties.
History:
Laws 1891, ch. 34, § 11; C.L. 1897, § 217; Code 1915, § 72; C.S. 1929, § 4-807; Laws 1933, ch. 53, § 3; 1941 Comp., § 49-206; 1953 Comp., § 47-2-6; Laws 1983, ch. 229, § 4; 1993, ch. 248, § 6.
ANNOTATIONS
Cross references.
— For oath of office,
see
N.M. Const., art. XX, § 1.
The 1993 amendment,
effective June 18, 1993, deleted "New Mexico livestock" preceding "board" in the first sentence and deleted the former third sentence pertaining to actions on the director's bond by persons injured by misfeasance or nonfeasance of the director.
The 1983 amendment
added the catchline, rewrote the first sentence, substituted "as executive director of the board" for "of secretary of such board" and deleted "said sanitary" following "to be approved by the" in the second sentence and, in the last sentence, substituted "executive director" for "secretary" deleted "of New Mexico" following "of the state" and substituted "has" for "shall have" near the end.
Board's executive director's largely unilateral action is non-binding and meaningless,
as he can only act pursuant to those powers delimited in the Livestock Code.
Paragon Found., Inc. v. N.M. Livestock Bd.
, 2006-NMCA-004, 138 N.M. 761, 126 P.3d 577, cert. denied, 2006-NMCERT-001, 139 N.M. 272, 131 P.3d 659.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-13 - Records; certified copy evidence.

The records required to be kept by the director, including inspector reports, shall be maintained by the board in a readily available manner, and a certified copy of any such records under the hand and seal of the director or the verified oath of an inspector shall be prima facie evidence in all courts of this state of the truth of any fact required to be recorded therein.
History:
Laws 1891, ch. 34, § 9; C.L. 1897, § 215; Code 1915, § 73; C.S. 1929, § 4-808; 1941 Comp., § 49-207; 1953 Comp., § 47-2-7; Laws 1983, ch. 229, § 5; 1999, ch. 282, § 5.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "director, including inspector reports" for "executive director of the New Mexico livestock board" near the beginning of the section, and "director or the verified oath of an inspector" for "executive director of the board" near the end.
The 1983 amendment
added the catchline and substituted "executive director of the New Mexico livestock board shall be maintained by the board in a readily available manner" for "secretary of the said sanitary board shall be kept in a well bound book, to be provided by the board for that purpose" and "executive director of the board" for "secretary of said board."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3A C.J.S. Animals § 29.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-14 - Attorney; duties.

The board may employ a competent attorney to give advice and counsel in regard to any matter connected with the duties of the board, to represent the board in any legal proceedings and to aid in the enforcement of the laws in relation to livestock. The board shall fix the compensation to be paid to such attorney.
History:
Laws 1937, ch. 205, § 1; 1941 Comp., § 49-210; 1953 Comp., § 47-2-10; Laws 1986, ch. 32, § 41; 1999, ch. 282, § 6.
ANNOTATIONS
Cross references.
— For use of livestock fund,
see
77-2-17 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, deleted "special tax" at the end of the section heading, substituted "The board may" for "The New Mexico livestock board has authority to" at the beginning of the first sentence, and deleted the former last sentence, which related to a special tax levied upon all cattle, horses, mules and asses in every county of the state.
The 1986 amendment
added the present catchline, substituted "The New Mexico livestock board has authority" for "The Cattle Sanitary Board of New Mexico shall have authority" in the first sentence, substituted "every county" for "the several counties" and "Section 77-2-15 NMSA 1978" for "Section 2 of this act", and made minor stylistic changes in the second sentence.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-16 - Financial report and tax estimate; state levy; maximum rate.

It is the duty of the board on or before June 30 of each year to make and file with the department of finance and administration a report and estimate showing the amount of money in the custody or under the control of the treasurer of the board, the estimated receipts from all sources and the actual and estimated expenditures for the current fiscal year. The department of finance and administration shall annually, at the time and in the manner of certifying rates under the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], certify a rate and impose a levy upon all cattle, horses, mules, asses, sheep, goats and buffalo in every county in the state, provided that such levy shall not exceed the amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978.
History:
Laws 1915, ch. 85, § 1; 1929, ch. 157, § 2; C.S. 1929, § 4-815; 1941 Comp., § 49-212; 1953 Comp., § 47-2-12; Laws 1977, ch. 249, § 29; 1986, ch. 32, § 43; 1993, ch. 248, § 8.
ANNOTATIONS
Cross references.
— For county levy for fund,
see
77-2-15 NMSA 1978.
For brand fees to be placed to credit of fund,
see
77-2-7.5 NMSA 1978.
For fees from rerecording of brands,
see
77-2-7.12 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, rewrote this section to the extent that a detailed comparison is impracticable.
The 1986 amendment
substituted "the New Mexico livestock board" for "said board" in the first sentence, substituted the language following "any one year" for "five and one-half mills upon each dollar of the assessed valuation of such animals" in the second sentence, and made minor stylistic changes.
The 1977 amendment
substituted in the first sentence, "New Mexico livestock board" for "cattle sanitary board," "June 30" for "the first day of September," "department of finance and administration" for "state auditor" and "money" for "moneys" near the middle of the sentence and, in the second sentence, "department of finance and administration" for "state auditor" and "certifying rates under the Property Tax Code, certify a rate" for "levying other state taxes, levy a special tax."
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-17 - Payment of tax collections to state treasurer; disbursement.

The special tax provided by Section 77-2-16 NMSA 1978 shall be assessed and collected in every county and paid over to the state treasurer as provided by law for the assessment, collection and payment of other state taxes, and all money so collected and paid over on account of such special tax levies shall be transferred each month to the board for deposit in the interim receipts and disbursements fund and shall be used for fees, salaries, wages, costs and expenses as provided for by laws relating to the powers, duties and expenditures of the board.
History:
Laws 1915, ch. 85, § 2; C.S. 1929, § 4-816; Laws 1933, ch. 53, § 6; 1941 Comp., § 49-213; 1953 Comp., § 47-2-13; Laws 1993, ch. 248, § 9.
ANNOTATIONS
Cross references.
— For payments for destruction of diseased cattle,
see
77-3-8 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, rewrote this section to the extent that a detailed comparison is impracticable.
Funds of the cattle sanitary board (now New Mexico livestock board) are state moneys
and the state treasurer is required to accept the same for safekeeping, or to accept bonds to secure such funds. 1925 Op. Att'y Gen. No. 25-3809.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-18 - Compensation of employees.

The compensation of all employees by or under the board and, in the first instance, all other expenses incurred by or under that board shall be paid by the board or, upon its order, out of the funds provided for in The Livestock Code, such board taking or causing to be taken proper vouchers for all money so expended by them.
History:
Laws 1889, ch. 106, § 21; C.L. 1897, § 201; Code 1915, § 80; C.S. 1929, § 4-817; 1941 Comp., § 49-214; 1953 Comp., § 47-2-14; Laws 1993, ch. 248, § 10.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added the current catchline; substituted "all employees" for "said veterinary surgeon and of all other employes"; inserted "in The Livestock Code"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-19 - Limitation on expenditures.

The amount of money to be expended by the board in any one year, is limited to the amount set forth in a budget approved by the department of finance and administration.
History:
Laws 1889, ch. 106, § 22; C.L. 1897, § 202; Code 1915, § 81; C.S. 1929, § 4-818; 1941 Comp., § 49-215; 1953 Comp., § 47-2-15; Laws 1981, ch. 357, § 1; 1993, ch. 248, § 11.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, rewrote this section to the extent that a detailed comparison is impracticable.
The 1981 amendment
added the catchline and the second sentence and, in the first sentence, substituted "it is" for "they are" and "it" for "they" following "as."
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-2-20 NMSA 1978, as amended by Laws 1903, ch. 1, § 2, relating to livestock epidemics and issuance of bonds, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-21 - Fees.

All fees and charges collected pursuant to the provisions of The Livestock Code shall be paid to the executive director of the board to be deposited in the New Mexico livestock board general fund, hereby created. All fees and charges deposited in the New Mexico livestock board general fund may be expended in accordance with a budget approved by the department of finance and administration.
History:
Laws 1893, ch. 67, § 3; C.L. 1897, § 222; Code 1915, § 83; C.S. 1929, § 4-820; Laws 1933, ch. 53, § 7; 1941 Comp., § 49-217; 1953 Comp., § 47-2-17; Laws 1993, ch. 248, § 12.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added the current catchline and rewrote this section which read "All inspection fees and charges shall be paid to the Secretary of the said board to be placed to the credit of the cattle indemnity fund".
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-22 - Penalty for violating rule.

Any person who violates a rule adopted under the power granted to the board unless the penalty has been fixed by law is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 1933, ch. 53, § 2; 1941 Comp., § 49-219; 1953 Comp., § 47-2-19; Laws 1967, ch. 213, § 7; 1999, ch. 282, § 8.
ANNOTATIONS
Cross references.
— For prosecution of violation of livestock laws by New Mexico livestock board,
see
77-2-9 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, deleted "or regulation" at the end of the section heading, and rewrote the section, which formerly read: "Any person, firm or corporation violating any rule or regulation adopted under the power granted to the New Mexico livestock board unless penalty thereof has been heretofore fixed by law or may hereafter be fixed by law, shall upon conviction be guilty of a petty misdemeanor."
Liability exceeds actual illegal slaughtering or selling.
— Although there was an absence of evidence that defendant personally slaughtered sheep or sold uninspected mutton on the dates in question, there was substantial evidence as to defendant's personal participation in the violation of the regulations: defendant was a licensee and as a licensee, defendant permitted the illegal slaughtering and selling to occur; thus defendant was held liable for his own actions and not for actions of others.
State v. Pina
, 1977-NMCA-020, 90 N.M. 181, 561 P.2d 43.
Wrongful administrative act no defense to violation of law.
— Assuming the curtailment of inspections at defendant's plant was unauthorized, defendant had the choice of complying with the curtailment and thus not slaughtering and selling contrary to the statute, or petitioning the district court to require the inspections to continue, and when he did neither, but proceeded to violate the law, his violation will not be excused on the basis that an administrative official proceeded improperly.
State v. Pina
, 1977-NMCA-020, 90 N.M. 181, 561 P.2d 43.
The trial court's sentencing authority for these offenses
is Section 31-19-1 NMSA 1978.
State v. Pina
, 1977-NMCA-020, 90 N.M. 181, 561 P.2d 43.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 119, § 15 repealed 77-2-23 and 77-2-24 NMSA 1978, as enacted by Laws 1945, ch. 22, §§ 1 and 2, concerning vehicles of the New Mexico livestock board, effective May 18, 1994. For provisions of former sections,
see
the 1993 NMSA 1978 on
NMOneSource.com
. For present comparable provisions concerning state-owned vehicles generally,
see
Chapter 15, Article 8 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-25 - Interim receipts and disbursements fund created.

There is created the "interim receipts and disbursements fund". All money received by the board from tax levies authorized by this article shall be credited to this fund and deposited in a designated bank in the name of the board. Money shall be disbursed from this fund only upon a warrant issued by the executive director in the name of the board. Disbursements may be made to pay necessary expenses and obligations of the board, which include expenses for salaries, supplies, equipment, rent on office space or other goods and services in accordance with a budget approved by the department of finance and administration. The board shall prescribe any additional administrative procedure necessary to administer this fund.
History:
1953 Comp., § 47-2-23, enacted by Laws 1959, ch. 291, § 2; 1993, ch. 248, § 14.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, deleted "within the cattle sanitary board" following "created" in the first sentence; substituted "tax levies authorized by this article" for "any source" in the second sentence; deleted "cattle sanitary" preceding "board" at the end of the second sentence; substituted "executive director" for "secretary of the board" in the third sentence; added the language beginning "in accordance with" at the end of the fourth sentence; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-26 - Board not to be assessed for general administrative overhead.

No appropriation for the board shall include an item for general administrative overhead. No charge for general administrative overhead shall be assessed against or appropriated out of the interim receipts and disbursement fund or from any other fund or money administered by the board. No fees or money collected by the board shall be subject to assessment for any charge for general administrative overhead.
History:
1953 Comp., § 47-2-24, enacted by Laws 1959, ch. 291, § 3; 1993, ch. 248, § 15.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, deleted "cattle sanitary" preceding "board" in the first sentence and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-27 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 248, § 80 repealed 77-2-27 NMSA 1978, as enacted by Laws 1959, ch. 291, § 5, relating to the earmarking of moneys collected by the cattle sanitary board for an interim receipts and disbursements fund, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-28 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2005, ch. 208, § 27 repealed 77-2-28 NMSA 1978, as enacted by Laws 1981, ch. 5, § 1, relating to termination of the livestock board and repeal of Article 2 of Chapter 77, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-30 - Equine rescue or retirement facility; registration; board powers and duties; fees.

A. As used in this section, "facility" means an equine rescue or retirement facility, including a private reserve or private preserve, that advertises or solicits for equines and provides lifelong care or finds new owners for equines that are unwanted or have been neglected or abused or captured wild equines that cannot be returned to their range.
B. A facility shall not operate in New Mexico unless registered by the board.
C. The board shall:
(1) register facilities that meet the requirements of this section;
(2) annually consult with representatives from the equine industry, equine rescue organizations and veterinarians on facility standards; and
(3) after consideration of recommendations by national organizations for the care of unwanted equines and equine rescue and retirement facilities, promulgate rules for facilities, including:
(a) health and sanitary requirements;
(b) standards for barns, paddocks, pastures and ranges;
(c) qualifications of the facility staff;
(d) provision of veterinary care;
(e) feeding and watering requirements;
(f) transportation;
(g) a process to issue a temporary capacity waiver to a facility for the purpose of transferring equines in the custody of the board to a facility; and
(h) other requirements necessary to ensure the humane care of equines.
D. The board may charge the following fees:
(1) an initial inspection and registration fee of not more than two hundred fifty dollars ($250);
(2) an annual inspection and registration fee of not more than one hundred dollars ($100); and
(3) reinspection fees of not more than one hundred dollars ($100).
E. Fees collected pursuant to this section shall be deposited in the New Mexico livestock board general fund and may be used to carry out the provisions of this section and Section 77-2-31 NMSA 1978.
History:
Laws 2005, ch. 236, § 1; 2023, ch. 45, § 4.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, required the livestock board to promulgate rules establishing a process to issue a temporary capacity waiver for the purpose of transferring equines in the custody of the board to an equine rescue or retirement facility, and made changes to conform to the definition of "equine" as used in the Livestock Code; substituted "equine" for "horse" throughout the section; in Subsection C, added Subparagraph C(3)(g).
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-31 - Equine rescue or retirement facilities; inspections; reinspection.

A. Prior to annual registration, each facility shall be inspected in accordance with board rules.
B. The board or its agents may enter the premises of a facility to conduct unannounced inspections.
C. If, following an inspection, the board determines that the facility does not meet the board's minimum facility requirements, it shall give the registrant written notice of the deficiencies and schedule a reinspection, allowing a reasonable time for the registrant to correct the deficiencies.
D. The registrant shall remedy the deficiencies and submit evidence to the board demonstrating compliance with board rules for the facility.
E. If on reinspection the board determines that the facility is still deficient in those areas for which it has been given written notice, the equines may be impounded in accordance with the provisions of Section 77-18-2 NMSA 1978 and the board shall hold a hearing as provided in the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] to determine if the registration should be suspended or revoked.
F. If a facility's registration is suspended or revoked, the board shall place the equines in another facility.
History:
Laws 2005, ch. 236, § 2; 2023, ch. 45, § 5.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, made changes to conform to the definition of "equine" as used in the Livestock Code; and substituted "equine" for "horse" throughout the section.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-32 - Equine shelter rescue fund; created.

A. The "equine shelter rescue fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and amounts designated pursuant to Section 7-2-30.7 NMSA 1978. The board shall administer the fund, and money in the fund is appropriated to the board to carry out the intent of aiding equine rescues and homeless equines in the state.
B. The board shall establish by rule the distribution of funds from the equine shelter rescue fund to equine rescue and retirement facilities registered by the board pursuant to Section 77-2-30 NMSA 1978, taking into consideration the number of equines being cared for in each facility and the need of each facility.
History:
Laws 2013, ch. 49, § 1; 2023, ch. 45, § 6.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, made changes to conform to the definition of "equine" as used in the Livestock Code; substituted "equine" for "horse" throughout the section; and in Subsection A, after "Section", deleted "2 of this 2013 act" and added "7-2-30.7 NMSA 1978".
Applicability.
— Laws 2013, ch. 49, § 3 provided that the provisions of Laws 2013, ch. 49, § 1 apply to taxable years beginning on or after January 1, 2013.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2A - Beef Council › Section 77-2A-1 - Short title.

Chapter 77, Article 2A NMSA 1978 may be cited as the "New Mexico Beef Council Act".
History:
Laws 1979, ch. 197, § 1; 1997, ch. 18, § 1.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "Chapter 77, Article 2A NMSA 1978" for "This act" at the beginning of the section.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2A - Beef Council › Section 77-2A-2 - Definitions.

As used in the New Mexico Beef Council Act:
A. "board" means the New Mexico livestock board;
B. "council" means the New Mexico beef council;
C. "director" means the director of the New Mexico department of agriculture;
D. "department" means the New Mexico department of agriculture; and
E. "producer" means any person engaged in the business of raising, breeding, feeding or growing cattle or calves for beef production or for dairy production.
History:
Laws 1979, ch. 197, § 2; 1983, ch. 228, § 1.
ANNOTATIONS
The 1983 amendment
inserted present Subsection A and designated former Subsections A to D as present Subsections B to E.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2A - Beef Council › Section 77-2A-3 - Beef council created; terms; vacancies.

There is created the "New Mexico beef council", consisting of nine members appointed by the director with the approval of the governor for terms of three years or less so that the terms of three members expire on June 30 of each year. Vacancies shall be filled by the director for the unexpired term. The director shall serve as an ex-officio, nonvoting member of the council.
History:
Laws 1979, ch. 197, § 3; 1991, ch. 128, § 1.
ANNOTATIONS
The 1991 amendment,
effective April 3, 1991, inserted "nonvoting" in the final sentence.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2A - Beef Council › Section 77-2A-4 - Members' qualifications.

All members of the council shall be producers, citizens of the United States and bona fide residents of New Mexico. Each member shall at the time of his appointment and during his entire term receive a substantial portion of his income from the branch of the business he represents on the council. In making his appointments, the director shall appoint one member to represent fluid milk producers, five to represent beef producers, one to represent breeders of registered purebreds and two to represent commercial cattle feeders. Appointments of council members are to be made from lists of individuals recommended by farm organizations, producer associations and individual producers.
History:
Laws 1979, ch. 197, § 4; 1991, ch. 128, § 2; 1997, ch. 18, § 2.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, in the first sentence, inserted "producers" following "shall be", deleted "and in some branch of the bovine cattle business" following "New Mexico", and made a minor stylistic change.
The 1991 amendment,
effective April 3, 1991, substituted "individual producers" for "individuals representing or engaged in the same branch of the industry as the individual recommended" at the end of the section.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2A - Beef Council › Section 77-2A-5 - Officers; meetings; expenses.

The council shall elect annually a chairman, vice chairman and such other officers as it deems necessary from among its members. The council shall meet at least once each six months, and at such other times as it may be called by the chairman. The council may provide rules for reimbursement of members' expenses while on official business of the council, but such reimbursement shall in no case exceed the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. Council members shall receive no other compensation, perquisite or allowance.
History:
Laws 1979, ch. 197, § 5.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2A - Beef Council › Section 77-2A-7 - Funding.

In order to accomplish the purposes of the New Mexico Beef Council Act, the council is empowered to:
A. receive any funds which may be returned to the New Mexico cattle industry as its share of assessments collected by a national beef industry research council or any similar entity;
B. accept grants, donations, contributions or gifts from any source for expenditure for any purpose consistent with the powers and duties conferred on the council; and
C. receive any other funds that may be authorized by law.
History:
Laws 1979, ch. 197, § 7.
ANNOTATIONS
Council to submit budget to budget division.
— The legislature has approved a special source for the council's funds, separate and apart from the state's general funds, and has established the council's method of disbursal. The council nevertheless must submit its budget to the budget division for approval. This provision insures that the legislature is apprised accurately of council expenditures even though separate action on the council budget is not required at each session. 1987 Op. Att'y Gen. No. 87-44.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2A - Beef Council › Section 77-2A-7.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 18, § 5 repealed § 77-2A-7.2 NMSA 1978, as enacted by Laws 1983, ch. 228, § 4, relating to termination of council assessment, effective June 20, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2A - Beef Council › Section 77-2A-7.3 - Refunds.

Any person who has paid a council assessment is entitled to a refund of the amount paid by making written application therefor to the council. The application form shall be returned within thirty days after the inspection was made giving rise to the council assessment and shall contain enough detail to enable the council to find the record of payment. Refunds shall be made within thirty days of the date of the application unless the proceeds and the necessary information have not been received by the council, in which case the refund shall be made within fifteen days after receipt of the proceeds and necessary information. The form shall be provided by the council.
History:
Laws 1983, ch. 228, § 5; 2019, ch. 36, § 2.
ANNOTATIONS
Cross references.
— For meaning of "board",
see
77-2-1.1 NMSA 1978.
The 2019 amendment,
effective June 14, 2019, required the New Mexico beef council to provide the form necessary to request a refund of council assessments; after "The form shall be provide by the", deleted "board at the time of inspection" and added "council".
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2A - Beef Council › Section 77-2A-8 - Disposition of funds.

A. All funds received by the council shall be received and disbursed directly by the council. Such funds shall be audited in accordance with the provisions of the Audit Act [12-6-1 to 12-6-14 NMSA 1978]. The council is not required to submit vouchers, purchase orders or contracts to the department of finance and administration as otherwise required by Section 6-5-3 NMSA 1978.
B. The council shall issue warrants against funds of the council in payment of its lawful obligations. The council shall provide its own warrants, purchase orders and contract forms as well as other supplies and equipment. All warrants shall be signed by a council member and one other person designated by the council.
C. The council shall designate banks where its funds are to be deposited, provided such banks have been qualified as depository banks for state funds.
History:
Laws 1979, ch. 197, § 8; 1991, ch. 128, § 6.
ANNOTATIONS
The 1991 amendment,
effective April 3, 1991, deleted "according to procedures approved by the director and subject to audit by the director in his discretion" at the end of the first sentence and inserted the second sentence in Subsection A and substituted "a council member and one other person" for "two officers or employees" in the third sentence in Subsection B.
Council to submit budget to budget division.
— The legislature has approved a special source for the council's funds, separate and apart from the state's general funds, and has established the council's method of disbursal. The council nevertheless must submit its budget to the budget division for approval. This provision insures that the legislature is apprised accurately of council expenditures even though separate action on the council budget is not required at each session. 1987 Op. Att'y Gen. No. 87-44.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2A - Beef Council › Section 77-2A-9 - Procurement Code; Personnel Act; exemption; Tort Claims Act.

The council is exempt from the operation of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978] and the Personnel Act [Chapter 10, Article 9 NMSA 1978]. The council members and employees shall be subject to the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] and shall be provided all insurance and self-insurance coverage provided by the risk management division, general services department, state of New Mexico.
History:
Laws 1979, ch. 197, § 9; 1991, ch. 128, § 7.
ANNOTATIONS
The 1991 amendment,
effective April 3, 1991, substituted "Procurement Code" for "Public Purchases Act" in the first sentence and rewrote the second sentence, which read "The council members and their employees are public employees for the purposes of the Tort Claims Act".
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-1 - Diseases; inspection; quarantine.

A. The board may use all proper means to prevent the spreading of dangerous and fatal diseases among livestock and for the extirpation of such diseases. If a disease breaks out in the state, it is the duty of all persons owning or having in their charge livestock infected to immediately notify the board of the existence of such disease. The board shall cause proper examination to be made by a veterinarian and, if the disease is found to be a dangerously contagious or infectious malady, the board shall order the diseased livestock that have been exposed to be strictly quarantined and shall order any premises or farms where such disease exists or has recently existed to be put in quarantine so that no livestock subject to the disease is removed from or brought to the premises or places so quarantined. The board shall prescribe such rules as it deems necessary to prevent the disease from being communicated in any way from the premises so quarantined.
B. The board may expend funds to prevent, suppress, control or eradicate any disease or parasite of livestock that the board has by rule declared to be a disease or pest of significant economic impact to any segment of the livestock industry. This power shall include the right to purchase and destroy or sell infected or exposed livestock.
C. Whenever the board finds any livestock infested with a disease or pest declared by the board to be of significant economic impact, the board may request the governor to declare an emergency as provided in Section 6-7-3 NMSA 1978.
History:
Laws 1909, ch. 9, § 1; Code 1915, § 106; C.S. 1929, § 4-1009; 1941 Comp., § 49-301; 1953 Comp., § 47-3-1; Laws 1983, ch. 229, § 6; 1999, ch. 282, § 20.
ANNOTATIONS
Cross references.
— For eradication of scabies,
see
77-4-1 to 77-4-8 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, in Subsection A, substituted "If a disease breaks out" for "In the event of any contagious or infectious diseases breaking out" in the second sentence, deleted "licensed" preceding "veterinarian" in the third sentence, and substituted "disease" for "contagion" in the last sentence; substituted "a disease" for "an exotic pest" in the first sentence of Subsection B; substituted "a disease" for "any exotic pest" in Subsection C; and made stylistic changes throughout the section.
The 1983 amendment
added the catchline, designated the formerly undesignated provisions as Subsection A, added Subsections B and C and, in Subsection A, divided the former one sentence into the present three sentences, substituted "New Mexico livestock" for "cattle sanitary" in the first sentence, inserted "sheep, hogs," also in the first sentence, deleted "thereupon" preceding "it shall be the duty" and substituted "licensed" for "competent" in the second sentence and substituted "New Mexico livestock" for "cattle sanitary" in the third sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 50 et seq.
3A C.J.S. Animals §§ 66 to 69, 73.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-2 - Report of diseased livestock; offenses; expense recovery; duties of sheriffs; penalty.

A. A person who has in his possession or under his care any livestock that he knows or has reason to believe is affected with a disease shall without unnecessary delay tell the board or some member of the board or the sheriff of the county in which the livestock is situate. The sheriff shall immediately notify the director.
B. A person shall not bring into this state or sell or dispose of any livestock known to be affected or exposed to disease or move diseased or exposed livestock from quarantine or move any livestock to or from a district in the state declared to be infected with a disease or bring into this state any diseased livestock from a district outside the state that may at any time be legally declared to be affected with such disease without the consent of the board.
C. A person who violates a provision of Subsection A or B of this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head illegally moved.
D. Any guard or other proper expenses incurred in the quarantining of the livestock shall be paid by the owner, and if the same is refused, after demand made by order of the board, an action may be brought to recover the same with costs of suit, which action may be brought in the name of the state for the use of the board. It is the duty of all sheriffs to execute all lawful orders of the board.
History:
Laws 1909, ch. 9, § 2; Code 1915, § 107; Laws 1927, ch. 25, § 2; C.S. 1929, § 4-1010; 1941 Comp., § 49-302; 1953 Comp., § 47-3-2; Laws 1993, ch. 248, § 18; 1999, ch. 282, § 21.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, rewrote this section to the extent that a detailed comparison is impracticable.
The 1993 amendment,
effective June 18, 1993, deleted "or Constable" and "and Constables" following "sheriff" and "sheriffs" in the first sentence and in the second paragraph; substituted "Sections 77-3-1 through 77-3-4, 77-3-9 and 77-3-10 NMSA 1978" for "Sections 106 to 111" in the second sentence; deleted "Cattle Sanitary" preceding "board" at the end of the second sentence; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 50 et seq.
3A C.J.S. Animals §§ 91 to 98.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 248, § 80 repealed 77-3-3 NMSA 1978, as enacted by Laws 1909, ch. 9, § 6, relating to the isolation of animals with glanders or farcy, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-4 - Dead animals; disposal.

The bodies of all dead animals shall be buried, burned or disposed of by the owners as provided by regulations of the board.
History:
Laws 1909, ch. 9, § 3; Code 1915, § 108; C.S. 1929, § 4-1011; 1941 Comp., § 49-304; 1953 Comp., § 47-3-4; Laws 1993, ch. 248, § 19.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added the current catchline; inserted "or disposed of"; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 24.
Validity of statutes, ordinances, and other regulations relating to transportation or disposal of carcasses of dead animals not slaughtered for food, 121 A.L.R. 732.