2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 1B - Animal Sheltering › Section 77-1B-3 - Animal sheltering committee created; members; qualifications; terms; vacancies; duties; removal; application of Uniform Licensing Act. (Repealed effective July 1, 2030.)

A. The "animal sheltering committee" is created. The animal sheltering committee shall consist of five members as follows:
(1) one euthanasia agency employee with training and education in euthanasia;
(2) one veterinarian who has provided paid or unpaid services to an animal shelter;
(3) one representative from a nonprofit animal advocacy group;
(4) one member of the public; and
(5) a manager or director of a New Mexico facility that provides shelter to animals on a regular basis; provided that the manager or director selected is trained in animal shelter standards.
B. No more than two animal sheltering committee members shall be appointed from any one county within the state.
C. With respect to licenses issued pursuant to the Animal Sheltering Act, the board and its operations are governed by the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. If the provisions of the Uniform Licensing Act conflict with the provisions of the Animal Sheltering Act, the provisions of the Animal Sheltering Act shall prevail.
D. The board shall appoint members to the animal sheltering committee for terms of four years, except in the first year of the animal sheltering committee, when members shall be appointed for staggered terms. Of the first appointments, two members shall be appointed for four-year terms, one member shall be appointed for a three-year term, one member shall be appointed for a two-year term and one member shall be appointed for a one-year term. Subsequent appointments shall be made to fill vacancies created in unexpired terms, but only until the term ends or for a full four-year term when the term of an animal sheltering committee member expires. Animal sheltering committee members shall hold office until their successors are duly qualified and appointed. Vacancies shall be filled by appointment by the board for the unexpired term within sixty days of the vacancy to maintain the required composition of the animal sheltering committee.
E. Members of the animal sheltering committee shall be reimbursed for per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
F. A simple majority of the appointed board members constitutes a quorum.
History:
Laws 2007, ch. 60, § 3; 2009, ch. 102, § 5; 2017, ch. 44, § 9.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 15, § 1 provided that Chapter 77, Article 1B NMSA 1978 is repealed effective July 1, 2030.
See
Section 61-14-20 NMSA 1978.
The 2017 amendment,
effective July 1, 2018, created the animal sheltering committee; changed "board" to "committee" and "animal sheltering committee" throughout the section; in Subsection A, after "shall consist of", deleted "nine" and added "five", deleted Paragraphs A(6) through A(9), which related to the composition of the former animal sheltering board; in Subsection B, deleted the last sentence, which related to staggering the terms of board members; deleted Subsection C and redesignated former Subsections D through G as Subsections C through F, respectively; in Subsection C, added "With respect to licenses issued pursuant to the Animal Sheltering Act"; in Subsection D, changed "two board members" to "one member" in several places, after "The", deleted "governor" and added "board", after "except in the first year of the", deleted "enactment of the", after "animal sheltering", deleted "Act" and added "committee", after "when", deleted "board", after "first appointments", deleted "three board" and added "two", and after "filled by appointment by the", deleted "governor" and added "board"; in Subsection E, after "perquisite or allowance", deleted "but shall be permitted to attend at least one conference or seminar per year relevant to their board positions as the board's budget will allow"; and deleted Subsections H through L.
Temporary provisions.
— Laws 2017, ch. 44, § 14 provided that animal sheltering board members serving as of July 1, 2018, shall continue to serve on the animal sheltering committee for a period of at least one year.
Laws 2017, ch. 44, § 15 provided that on July 1, 2018:
A. all personnel, appropriations, money, records, equipment, supplies and other property of the animal sheltering board shall be transferred to the board of veterinary medicine;
B. all contracts of the animal sheltering board shall be binding and effective on the board of veterinary medicine; and
C. all references in law to the animal sheltering board shall be deemed to be references to the board of veterinary medicine.
The 2009 amendment,
effective June 19, 2009, in Subsection A, changed the name of the board from "animal sheltering services board" to "animal sheltering board"; in Paragraph (2) of Subsection A, before "veterinarian", deleted "licensed"; in Subsections D and E, changed the name of the act from the "Animal Sheltering Services Act" to the "Animal Sheltering Act"; in Subsection H, changed the number of meetings from four to one; and in Subsection L, deleted the last sentence which provided that one employee will be a veterinarian who holds state and federal licenses and who will be responsible for euthanasia drugs in accordance with law.