New Mexico Statutes
Article 1B - Animal Sheltering
Section 77-1B-5 - Board powers and duties. (Repealed effective July 1, 2024.)

The board shall:
A. adopt infrastructure and operating standards and may enforce those standards with consideration of the recommendations by the animal sheltering committee;
B. provide for inspections of animal shelters and euthanasia agencies;
C. provide for oversight, including oversight of licensing requirements, regulations and discipline, of veterinarians employed by local government animal shelters;
D. adopt methods and procedures acceptable for conducting emergency field euthanasia;
E. adopt, promulgate and revise rules necessary to carry out the provisions of the Animal Sheltering Act;
F. have authority to issue licenses and certificates pursuant to the Animal Sheltering Act;
G. establish the types of licenses and certificates that may be issued pursuant to the Animal Sheltering Act and establish criteria for issuing the licenses and certificates;
H. prescribe standards and approve curricula for educational programs that will be used to train and prepare persons for licensure or certification pursuant to the Animal Sheltering Act;
I. implement continuing education requirements for licensees and certificate holders pursuant to the Animal Sheltering Act;
J. conduct administrative hearings upon charges relating to violations of provisions of the Animal Sheltering Act or rules adopted pursuant to that act in accordance with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978];
K. provide for all examinations and for issuance and renewal of licenses and certificates;
L. establish fees not to exceed one hundred fifty dollars ($150) for licenses and certificates pursuant to the Animal Sheltering Act;
M. establish committees as the board deems necessary to effect the provisions of the Animal Sheltering Act;
N. apply for injunctive relief to enforce the provisions of the Animal Sheltering Act;
O. conduct national criminal background checks on applicants seeking licensure or certification under the Animal Sheltering Act;
P. keep a record of all proceedings;
Q. make an annual report to the legislature, including information on the total number of dogs and cats spayed and neutered and the average costs per surgery paid for from the statewide spay and neuter subaccount of the animal care and facility fund. The New Mexico department of agriculture shall provide for inclusion in the annual report the number of pet foods registered pursuant to Section 76-19A-10 NMSA 1978 for the current and previous year listed by registrant;
R. provide for the inspection of animal shelters and euthanasia agencies;
S. develop mechanisms to address complaints of misconduct at animal shelters and euthanasia agencies and noncompliance with the provisions of the Animal Sheltering Act or rules adopted pursuant to that act;
T. develop mechanisms to address complaints of licensee and certificate holder misconduct and noncompliance;
U. adopt standards for maintaining records concerning health care and disposition of animals; and
V. refer to the published association of shelter veterinarians standards in determining its regulations for animal shelters and euthanasia agencies.
History: Laws 2007, ch. 60, § 5; 2009, ch. 102, § 7; 2015, ch. 82, § 4; 2017, ch. 44, § 11; 2020, ch. 69, § 3.
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, required that the board of veterinary medicine's annual report to the legislature include information on the number of dogs and cats spayed and neutered and on related costs from the statewide spay and neuter subaccount, and include information provided by the department of agriculture on the number of pet foods registered pursuant to law; and in Subsection Q, added "including information on the total number of dogs and cats spayed and neutered and the average costs per surgery paid for from the statewide spay and neuter subaccount of the animal care and facility fund. The New Mexico department of agriculture shall provide for inclusion in the annual report the number of pet foods registered pursuant to Section 76-19A-10 NMSA 1978 for the current and previous year listed by registrant".
The 2017 amendment, effective July 1, 2018, revised the duties for the board of veterinary medicine; deleted former Subsections A and B, added new Subsections A through C, and redesignated former Subsections C through S as Subsections D through T, respectively; in Subsection Q, after "report to the legislature", deleted "and to the governor"; deleted former Subsections T through V and redesignated former Subsections W and X as Subsections U and V, respectively; in Subsection U, deleted "provide board-recommended" and added "adopt"; and in Subsection V, after "refer to", added "the published", after "national", deleted "animal control", after "association", added "of shelter veterinarians", and after "regulations", added "for animal shelters and euthanasia agencies".
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 2015 amendment, effective July 1, 2015, directed the animal sheltering board to develop criteria regarding assistance for dog and cat sterilization and to disburse money from the animal care and facility fund; in Subsection T, after "develop", deleted "and recommend" and added "a voluntary statewide", and after "neuter", deleted "plans and community outreach plans in support of and" and added "program"; added Subsection U and redesignated the succeeding subsections accordingly; and in Subsection V, after "fund", added "to qualifying individuals, groups, animal shelters and euthanasia agencies".
The 2009 amendment, effective June 19, 2009, changed the name of the act from "Animal Sheltering Services Act" to "Animal Sheltering Act"; and in Subsection T, after "develop and", deleted "implement comprehensive" and added "recommend".