New Mexico Statutes
Article 1B - Animal Sheltering
Section 77-1B-4 - Animal care and facility fund created; administration. (Repealed effective July 1, 2024.)

A. The "animal care and facility fund" is created in the state treasury. All fees collected pursuant to the Animal Sheltering Act shall be deposited in the fund.
B. The animal care and facility fund shall consist of money collected by the board pursuant to the Animal Sheltering Act; income from investment of the fund; and money appropriated to the fund or accruing to it through fees or administrative penalties, cooperative research agreements, income, gifts, grants, donations, bequests, sales of promotional items, handbooks or educational materials or any other source. Money in the fund shall not be transferred to another fund or encumbered or expended except for expenditures authorized pursuant to the Animal Sheltering Act.
C. Money in the fund is appropriated by the legislature to the board to be used to help animal shelters and communities defray the cost of implementing the board's initiatives conducted pursuant to the Animal Sheltering Act. The fund shall be administered by the board to carry out the purposes of the Animal Sheltering Act.
D. The "statewide spay and neuter subaccount" is established in the animal care and facility fund. Money in the subaccount shall only be used to carry out the board's dog and cat spay and neuter assistance program and for the reasonable costs of administering the Animal Sheltering Act, which reasonable costs shall not exceed five percent of the total fees distributed to the subaccount pursuant to the provisions of Section 5 [76-19A-10.1 NMSA 1978] of this 2020 act. Money collected pursuant to Section 7-2-30.9 NMSA 1978, Section 66-3-424.3 NMSA 1978 and Section 5 of this 2020 act shall be deposited in the subaccount.
E. A disbursement from the fund shall be made only upon a warrant drawn by the secretary of finance and administration pursuant to a voucher signed by the executive director of the board or the director's designee with the approval of the majority of the board with consideration of the recommendation of a majority of the animal sheltering committee.
F. Unexpended and unencumbered balances in the fund at the end of a fiscal year shall not revert to the general fund.
History: Laws 2007, ch. 60, § 4; 2009, ch. 102, § 6; 2009, ch. 192, § 2; 2015, ch. 82, § 3; 2017, ch. 44, § 10; 2020, ch. 69, § 2.
Delayed repeals. — Laws 2017, ch. 44, § 7 provided that Chapter 77, Article 1B NMSA 1978 is repealed effective July 1, 2024. See Section 61-14-20 NMSA 1978.
The 2020 amendment, effective July 1, 2020, provided an additional use for the statewide spay and neuter subaccount, and placed a limit on the amount that may be used for costs of administering the Animal Sheltering Act; and in Subsection D, after "dog and cat", deleted "sterilization" and added "spay and neuter", after "assistance program", added "and for the reasonable costs of administering the Animal Sheltering Act, which reasonable costs shall not exceed five percent of the total fees distributed to the subaccount pursuant to the provisions of Section 5 of this 2020 act", and after "Section 66-3-424.3 NMSA 1978", added "and Section 5 of this 2020 act".
The 2017 amendment, effective July 1, 2018, provided for the executive director of the board of veterinary medicine to draw funds from the animal care and facility fund; in Subsection C, replaced "department" with "board" throughout the subsection; in Subsection D, after "Money collected pursuant to Section", deleted "1 of this 2015 act" and added "7-2-30.9 NMSA 1978"; and in Subsection E, after "voucher signed by the", deleted "superintendent of regulation and licensing or the superintendent's designee" and added the remainder of the subsection.
The 2015 amendment, effective July 1, 2015, established the statewide spay and neuter subaccount in the animal care and facility fund; in Subsection C, after "the fund is", deleted "subject to appropriation" and added "appropriated"; and deleted former Subsection D, and added a new Subsection D.
The 2009 amendment, effective July 1, 2009, in the catchline added "Animal care and facility"; and added Subsection D.

Structure New Mexico Statutes