Animal Law Section of the State Bar of New Mexico

Animal Law Section of the State Bar of New Mexico The general purpose of the Animal Law Section shall be the promotion of the objectives of the State Bar of New Mexico within the field of Animal Law.

The Animal Law Section conducts the following activities as a way of promoting and meeting the objectives of the State Bar of New Mexico: 1. The section sponsors a popular "Animal Talk" series in which a speaker presents a lunch hour talk on a topic related to Animal Law. Over the course of the year, Animal Talk covers a wide array of topics. For example, the section sponsored a talk on drafting trusts for the care of animals and pets, a topic that generated interest over a variety of areas of law. In 2015, the section will present talks dedicated to discussion of animal-related legislation during and after the 60-day session. 2. An annual CLE event on topics pertaining to Animal Law. 3. Creating and maintaining a list of bills introduced during the 2015 session of the New Mexico Legislature that affect animals, whether domestic pets, livestock, or wildlife. 4. Developing resources to be used by litigators and judges in cases involving animals. Any questions for the page administrator should be sent to: Guy Dicharry, Attorney at Law P.O. Box 2578 Los Lunas, NM 87031-2578 [email protected] 505.269.3757 You may also contact the State Bar of New Mexico directly at the address above.

Mission: The general purpose of the Animal Law Section shall be the promotion of the objectives of the State Bar of New Mexico within the field of Animal Law. To that end, the purposes of this Section shall be: A. To provide a forum for members of the profession to consider and discuss the legal issues that concern the treatment of all animals, the protections afforded to animals, and the rights and responsibilities of persons who have an interest in animals as well as the legal issues involved in human beings’ relationship and coexistence with animals; B. To recognize the interrelationship among various components of Animal Law, including torts, contracts, criminal, administrative, regulatory, municipal, trusts and estates, property and constitutional, and how they are used to create a just world for all; C. To provide an organizational recognition of the importance of Animal Law to the State and its legal profession.

Operating as usual

Tomorrow, join the Animal Law Section for an important CLE.  If you don’t need the CLE credit, members of the Animal Law...
10/24/2019

Tomorrow, join the Animal Law Section for an important CLE.

If you don’t need the CLE credit, members of the Animal Law Section get free admission, so if you’re interested in this presentation, there’s no better time than now to join. Section Members seeking CLE Credit also get a discount!

Join here -> https://form.jotform.com/sbnm/sections

And register to attend the Animal Cruelty CLE tomorrow here -> https://cle.nmbar.org/nmsbf/courses/8098/sections/17316

10/05/2019
www.nmbar.org

Coming up: Animal Cruelty Issues: What Juvenile and Family Court Judges and Practitioners Need to Know
Thursday, October 24th from 3-5pm
Register today here: https://cle.nmbar.org/nmsbf/courses/8098/sections/17316

More info and agenda available in the link below!
https://www.nmbar.org/NmbarDocs/CLE/AGENDA-ANIM19.pdf

Animal Talk September 21st
09/10/2018

Animal Talk September 21st

Join us at noon, Friday September 21st for Animal Talk with Captain Andrea Taylor of the Bernalillo County Sheriff's Off...
09/10/2018

Join us at noon, Friday September 21st for Animal Talk with Captain Andrea Taylor of the Bernalillo County Sheriff's Office. Captain Taylor will share her experience and knowledge on the issue of animal cruelty, evidence of the crime, and the proper crime to charge. See the announcement for RSVP information.

https://www.wilmerhale.com/en/insights/client-alerts/20180726-trump-administration-proposes-major-revisions-to-esa-regul...
08/06/2018
Trump Administration Proposes Major Revisions to ESA Regulations

https://www.wilmerhale.com/en/insights/client-alerts/20180726-trump-administration-proposes-major-revisions-to-esa-regulations

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together, the “Services”) this week published proposed revisions to key portions of the Endangered Species Act’s (the “Act”) implementing regulations. The proposals represent significant potential ch...

This case was a challenge to the Cougar Rule promulgated by the New Mexico State Game Commission allowing trapping of co...
07/23/2018
Court Rejects Challenge to New Mexico Cougar Trapping Regulations | Endangered Species Law and Policy

This case was a challenge to the Cougar Rule promulgated by the New Mexico State Game Commission allowing trapping of cougars on State Trust Land and private land with written permission of the owner. Contains a link to the full opinion.

https://www.endangeredspecieslawandpolicy.com/2018/07/articles/court-decisions/court-rejects-challenge-to-new-mexico-cougar-trapping-regulations/

The U.S. District Court for the District of New Mexico granted New Mexico’s motion for summary judgment in a case brought by the Humane Society seeking to

More on the Waters of the United States (WOTUS) definition. http://www.vnf.com/EPA-and-Corps-Seek-Additional-Comment-on-...
07/23/2018
EPA and Corps Seek Additional Comment on Proposal to Repeal Definition of WOTUS | Van Ness Feldman LLP

More on the Waters of the United States (WOTUS) definition.

http://www.vnf.com/EPA-and-Corps-Seek-Additional-Comment-on-Proposal-to-Repeal-Definition-of-WOTUS

On July 12, 2018, the Environmental Protection Agency (EPA) and the Department of the Army (“Agencies”) issued a supplemental notice seeking additional comment on their 2017 proposal to repeal the definition of the term “waters of the United States” under the Clean Water Act (“CWA”), com...

https://www.huntonnickelreportblog.com/2018/07/services-propose-highly-anticipated-revisions-to-esa-regulations-on-criti...
07/23/2018
Services Propose Highly Anticipated Revisions to ESA Regulations on Critical Habitat Designation, Section 7 Consultation, and Protections for Threatened Species | The Nickel Report

https://www.huntonnickelreportblog.com/2018/07/services-propose-highly-anticipated-revisions-to-esa-regulations-on-critical-habitat-designation-section-7-consultation-and-protections-for-threatened-species/

The U.S. Fish & Wildlife Service and National Marine Fisheries Service issued three significant, highly anticipated, proposals to revise the Endangered Species Act regulations on July 19. The proposals address critical habitat designation, ESA section 7 consultation, and protection of threatened spe...

The "waters of the United States" (WOTUS) definition directly affects wetland and riparian wildlife habitat. The current...
07/10/2018
2015 "Waters of the US" Rule Enjoined in an Additional 11 States | The Nickel Report

The "waters of the United States" (WOTUS) definition directly affects wetland and riparian wildlife habitat. The current directive is for federal agencies to develop and apply a WOTUS definition aligned with Justice Scalia's plurality opinion in Rapanos v. United States -- navigable waters connected by a surface flow at least part of the year. Implementation of the 2015 WOTUS rule has been enjoined by federal courts in a number of states, including New Mexico.

https://www.huntonnickelreportblog.com/2018/06/2015-waters-of-the-us-rule-enjoined-in-an-additional-11-states/#_ftnref1

A second district court has agreed that challenges to the 2015 Waters of the United States (WOTUS) Rule are likely to succeed on the merits. The US District Court for the Southern District of Georgia issued an order on June 8 enjoining the WOTUS Rule in 11 states. Georgia v. Pruitt, No. 2:15-cv-0007...

This links to a client alert from the firm Paul Hastings regarding the new definition of "take" under the Migratory Bird...
07/10/2018
Clipping the Wings of the MBTA? Newly Embraced Definition of Take Impacts more than Criminal Liability

This links to a client alert from the firm Paul Hastings regarding the new definition of "take" under the Migratory Bird Treaty Act from the Dept. of Interior.

http://www.paulhastings.com/publications-items/details/?id=749dab6a-2334-6428-811c-ff00004cbded

New Guidance from the U.S. Fish and Wildlife Service Confirms the Agency will not Use Authority under the MBTA to Regulate Incidental Take of Migratory Birds

Friday, June 29th at noon -- Come to the State Bar Center for Animal Talk featuring Jonathan Hayes, Executive Director o...
06/25/2018

Friday, June 29th at noon -- Come to the State Bar Center for Animal Talk featuring Jonathan Hayes, Executive Director of the New Mexico Audubon Society.

Upcoming Animal Talk on April 27th -- don't miss this one
04/11/2018

Upcoming Animal Talk on April 27th -- don't miss this one

02/28/2018

CANCELLED: Animal Talk "Tethering", originally scheduled for March 2nd, is cancelled and will be re-scheduled. We will post the new date as soon as it is scheduled.

When and Where: Friday, March 2, 2018 at Noon, State Bar Center.What: The Animal Law Section presents a discussion on te...
02/27/2018

When and Where: Friday, March 2, 2018 at Noon, State Bar Center.
What: The Animal Law Section presents a discussion on tethering dogs and a look back at an efforts to address the issue.

Presenters:
Animal Law Section Board Member Christal Weatherly
Animal Law Section Board Member Terry Yenson

Come spend your Friday lunch hour with us for a wide-ranging discussion.

06/23/2017
www.wildlife.state.nm.us

This is a follow up to yesterday’s excellent presentation by Julie McIntyre of the United States Fish and Wildlife Service -- “Protecting Pollinators: Laws, Policies, and Action.”

During part of the discussion on state resources for pollinators, Ms. McIntyre mentioned the State Wildlife Action Plan (SWAP) as one potential source of monitoring pollinator populations. The SWAP adopted by the New Mexico State Game Commission does not include arthropods.

The initial SWAP submitted by the New Mexico Department of Game and Fish for approval by the State Game Commission included arthopods, but that version was rejected by the State Game Commission at its meeting on November 19, 2015.

The link below takes you to the transcript of the minutes of that meeting. The discussion on the initial version of the SWAP is at pages 54 - 77. The discussion includes a detailed description of the SWAP and of the amount of work that went into development. It also includes objections from the interest groups opposed to that version.

http://www.wildlife.state.nm.us/download/commission/minutes/20115/MIN-Game-Commission-11_19_2015-FINAL.pdf

June 22, 2017 at 12 noon State Bar Center -- Protecting Pollinators
06/15/2017

June 22, 2017 at 12 noon State Bar Center -- Protecting Pollinators

Here's the list for today's seminar. It has active links to the legislation we're going to discuss.LEGISLATIVE ROUNDUP 2...
05/05/2017
Legislation - New Mexico Legislature

Here's the list for today's seminar. It has active links to the legislation we're going to discuss.

LEGISLATIVE ROUNDUP 2017

HB 92
STRICTER GAME & FISH VIOLATION PENALTIES (Baldonado)
An act relating to game and fish; amending sections of chapter 17 NMSA 1978 to provide stricter penalties for major violations. Passed the House on a 66 - 0 vote. Passed Senate 37 - 2. Signed by Gov.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=92&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0092.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/house/HB0092JCS.pdf

HB 109
WILD ANIMAL BITE & ATTACK PROCEDURES (S. Garcia Richard)
An act relating to public health; prescribing factors to determine the management and disposition of wild animals that have bitten or otherwise potentially exposed a human to rabies.
Changes the previous rule of euthanizing before testing an animal with potential rabies that has bitten or attacked a person. Last assigned to HSIVC.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=109&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0109.PDF

HB 123
ANIMAL FOOD FEE FOR STERILIZATION PROGRAM (Carl Trujillo)
An act relating to animal neutering; imposing an additional fee on commercial feed for dogs and cats to fund a dog and cat sterilization assistance program; establishing a household income level for assistance. Passed House 50 - 17. SPAC “do pass” with amendments.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=123&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0123.PDF

HB 145
BIG GAME DEPREDATION FUND USES (Gomez)
An act relating to game and fish; amending section 17-3-13.4 NMSA 1978 (Being laws 2001, chapter 213, Section 2) to clarify that the purpose of the Big Game Depredation damage fund includes compensation of landowners for the financial damages caused by big game. HAWC no recommendation.
https://nmlegis.gov/Sessions/17%20Regular/bills/house/HB0145.pdf
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0145.PDF

HB 210
CRUELTY TO ANIMALS CHANGES (Ely)
Relating to Criminal Law; Clarifying the crimes of cruelty to animals and extreme cruelty to animals; providing definitions; clarifying the application of the practice of veterinary medicine; providing for psychological counseling; increasing the penalty when cruelty causes death or great bodily harm. HCPAC.
https://www.nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&LegNo=210&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0210.PDF

HB 219
TRANSFER ANIMAL SHELTERING BOARD (Hall)
An act relating to state boards; transferring powers and duties, personnel, property, contracts and references from the animal sheltering board to the board of veterinary medicine. Passed House 65 - 0. Passed Senate 37 - 0 (on 3/18/17). Signed by Gov.
https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=219&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0219.PDF

HB 229
HORSE RACING LICENSES, HEALTH & TESTING (Ezzell)
An act relating to horse racing; removing certain exceptions to conduct that requires denial or revocation of an occupational license; providing for an equine health and testing advisor to replace the official chemist; clarifying the designation and handling of testing samples; providing for compensation of the equine health and testing advisor from the racehorse testing fund.
Passed House 68 - 0. Passed Senate 34 -0 on 3/16/17. Signed by Gov.
https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=229&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0229.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/house/HB0229BIS.pdf

HB 254
GAME COMMISSION LEGISLATIVE APPOINTMENTS (McQueen)
An act relating to the state game commission; providing for the New Mexico Legislative Council to appoint four commissioners; setting term limits for commissioners; adding requirements for appointment and removal of commissioners.
Update: 02/28/17 -- the committee substitute was tabled in HENRC on a 6 - 5 vote.

Among other things, the bill provided for four commissioners to be appointed by the Legislative Council, an interim bi-partisan legislative committee composed of legislators from both chambers. The committee substitute before HENRC maintained the five geographical districts for appointment by the governor.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=254&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0254.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/house/HB0254SGS.pdf

HB 333
ELK HUNTING LICENSES & GRAZING ALLOTMENTS (Townsend/Gomez/Herrell/Ezzell/Wooley)
An act relating to game animals; enacting a new section of chapter 17 NMSA 1978 to require the state game commission to adopt rules for the issuance of hunting licenses, permits and tags to accomplish a reduction in the population of elk proportional to reductions in livestock grazing allotments by federal land agencies. Sent to HENRC.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=333&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0333.PDF

HB 390
EQUINE RESCUE & SHELTER RIGHT OF REFUSAL (Small)
An act relating to animals; providing a registered equine rescue or retirement facility with the right of first refusal to purchase estray, cruelly treated or trespassing equines; defining “equine”; making conforming changes. Passed House 50 - 17. Passed Senate 39 - 0 on 3/17/17. Pocket Veto by Gov.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=390&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0390.PDF

HB 446
WILD HORSES IN STATUTE (Ferrary)
An Act relating to animals; amending and enacting sections of the NMSA 1978 to provide for wild horses.
¥ Jurisdiction transferred from Livestock Board to NMDGF
¥ Added “wild horse” as a species under the Wildlife Conservation Act
¥ New Mexico Court of Appeals’ decision in Wild Horse Observers Association, Inc. v. New Mexico Livestock Board (No. 34,097, filed August 4, 2015)
Sent to HENRC.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=446&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0446.PDF

HB 447
VETERINARY ACT EXEMPTIONS (Ferrary/Roybal-Caballero/Thomson)
An act relating to veterinary practice; providing exemptions from the veterinary practice act for pet owners to provide veterinary care to their pets in limited circumstances. HCPAC.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=447&year=17
https://nmlegis.gov/Sessions/17%20Regular/firs/HB0447.PDF

HB 448
CUSTODY OF PETS IN DIVORCE CASES (Ferrary/Roybal-Caballero/Thomson/Trujillo CH/Armstrong D)
An act relating to divorce; allowing the court to award pets to either party regardless of veterinary or other records indicating ownership. Passed HCPAC 4 - 0. Amended to strike “pets” and substituted “domestic animal owned as community property”.
• The Administrative Office of the Courts: Pets are often fought over as passionately and bitterly as is child custody in divorce cases currently; House Bill 448 may affect the outcome, but not the frequency, of the battle itself.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=448&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0448.PDF

HB 449
PETS & DOMESTIC ABUSE (Ferrary/Roybal-Caballero/Thomson/Trujillo CH/Armstrong D)
An act relating to domestic violence; recognizing harm or threatened harm to pets as domestic abuse. HCPAC “do pass” with amendments.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=449&year=17
https://nmlegis.gov/Sessions/17%20Regular/firs/HB0449.PDF

HJM 6
ANIMAL ABUSE & FAMILY VIOLENCE TRAINING (Dines)
A joint memorial requesting the children, youth and families dept. and the dept. of public safety to consider training on the link between animal abuse and family violence in training delivered to appropriate personnel. Passed House 67 - 0. SRC.
https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=JM&legNo=6&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HJM006.PDF

HJM 17
PROTECTION OF WILD HORSES (Ferrary/Trujillo CH/Roybal-Caballero/Thomson)
A joint memorial acknowledging the public policy of the state that recognizes the need to protect wild horses; acknowledging the role of the conservation services division of the department of game and fish in protecting, maintaining and enhancing wildlife habitat; and requesting that division to conduct an interim study and provide recommendations for the protection, maintenance and enhancement of the wild horse herds and habitat in New Mexico.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=JM&legNo=17&year=17

SENATE BILLS AND MEMORIALS

SB 81
WILDLIFE TRAFFICKING ACT (Stewart)
An act relating to wildlife; enacting the wildlife trafficking act; providing powers and duties; prohibiting certain actions making trafficking of animal species threatened with extinction a crime; providing exceptions; prescribing penalties. See Senate Judiciary CS (removal of “Purpose” section). Passed Senate 27 - 12. Passed House 42 - 24 on 3/17/17. Pocket Veto by Gov.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=81&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0081.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/senate/SB0081JUS.pdf

SB 126
CHANGE LIVESTOCK & ANIMAL DEFINITIONS (Woods)
An act relating to livestock; amending sections of the NMSA 1978 to change the definitions of “animals” and “livestock.” Relating to the disposition of seized animals: “Animals” or “livestock” defined with more specificity and does not include canine or feline animals or feral hogs. See SCONC substitute.
Passed Senate 32 - 2. “Do Pass” from HSIVC.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=126&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0126.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/senate/SB0126COS.pdf

SB 167
RELATING TO PRIVACY; ENACTING THE FREEDOM FROM UNWARRANTED
SURVEILLANCE ACT; PROVIDING PENALTIES. (Ortiz y Pino)
Senate Bill 167 proposes to create a new act which would prohibit a person, state agency, law
enforcement agency or political subdivision of the state from conducting unwanted surveillance
using unmanned aircraft or drones to collect evidence or other information on private property
pertaining to criminal conduct or conduct in violation of state statute where the property owner
has a reasonable expectation of privacy, except to the extent authorized in a warrant. The
property owner must give permission to conduct surveillance absent a warrant. The bill does not
prohibit the use by law enforcement under exigent circumstances. The bill provides for chain of
custody of information collected using unmanned aircraft or drones. Information collected in
violation of the act is not admissible in court and a person who violates the act is guilty of a petty
misdemeanor. Reported by SPAC w/o recommendation.
https://www.nmlegis.gov/Legislation/Legislation?Chamber=S&LegType=B&LegNo=167&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0167.PDF

SB 184
HORSE RACING LICENSES, HEALTH & TESTING (Papen)
An act relating to horse racing; removing certain exceptions to conduct that requires denial or revocation of an occupational license; providing for an equine health and testing advisor to replace the official chemist; clarifying the designation and handling of testing samples; providing for compensation of the equine health and testing advisor from the racehorse testing fund.
Passed Senate 40 - 0. Passed House 65 - 1 on 3/11/17. Veto message dated 3/16/17 (Senate Executive Message No. 19). Legislature web page shows status as “law without signature” without any reference to Senate Executive Message No. 15.
https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=184&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0184.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/senate/SB0184CTS.pdf
https://www.nmlegis.gov/Sessions/17%20Regular/ExecMessages/senate/SEM019.pdf

SB 246
GAME AND FISH LICENSE DURATION (Stefanics)
An Act relation to Game and Fish licenses providing that they should be issued for a year (as opposed to April 1 to March 31).
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=246&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0246.PDF

SB 266
STATE GAME COMMISSION MISSION & PURPOSE (Steinborn)
An act clarifying the mission and purpose of the State Game Commission “as a public trust resource for the use and enjoyment of all New Mexicans, including future generations….” Also, language changes in section 17-2-2 Game to be Protected. Expansion of the scope of the New Mexico Department of Game and Fish.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=266&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0266.PDF

SB 267
PROTECTION OF FUR-BEARING ANIMALS & COYOTES (Steinborn)
An act relating to game and fish; amending sections of chapter 17, article 5 NMSA 1978 to protect additional animals as fur-bearers; providing for species management based on best available science; preventing the taking of coyotes without a permit. Would add coyotes and the four species of skunk to the definition of “fur-bearing animal” in NMSA 17-5-2. Tabled in SCONC.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=267&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0267.PDF

SB 268
PROHIBIT COYOTE KILLING CONTESTS (Steinborn/Moores)
An Act relating to animals; prohibiting coyote-killing contests; defining “coyote-killing contest; providing penalties. Update: 03/01/17 -- passed with bi-partisan support by SCONC on 02/16/17.
Passed Senate 26 - 15. Passed HJC with bipartisan support on March 15th. Was on House floor calendar for debate and vote, but session ended.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=268&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0268.PDF

SB284
DISPOSITION OF TRESPASSING WILD HORSES (Woods)
An act relating to livestock; enacting a new section of the livestock code to provide for disposition of horses that trespass on private land.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=284&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0284.PDF

SB 286
NM WILDLIFE PROTECTION & PUBLIC SAFETY ACT (Campos)
An act relating to wildlife; enacting the NM Wildlife Protection and Public Safety Act; providing for restrictions on the use of traps and poisons on public lands. [See also SM 100] Roll over by SCONC.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=286&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0286.PDF

SB 349
LIVESTOCK RUNNING AT LARGE (Cisneros)
An act relating to livestock: amending a section of the livestock code to provide for enforcement of livestock running at large prohibitions; repealing sections 77-14-4 through 77-14-6, 77-14-8 through 77-14-24 and 77-14-35 NMSA 1978 (Being laws 1909, chapter 146, sections 1 through 3, laws 1919, chapter 88, sections 1 through 5 and 7 through 18 and laws 1901, chapter 54, section 1, as amended) of the livestock code to eliminate unnecessary and outdated provisions from territorial law.
Passed Senate 34 - 6. Passed House 63 - 0 on 3/17/17. Signed by Governor.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=349&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0349.PDF

SB 364
LAND COMMISSION REVIEW OF NAT’L MONUMENTS (Ingle)
An act relating to public lands; amending a section of the NMSA 1978 to include the commissioner of public lands in the review of proposed changes in legislative jurisdiction over any land or other area, including national monuments; new material requiring the governor, the commissioner of public lands and the attorney general to determine if a national monument is confined to the smallest area necessary for the proper care and management of the items to be protected by the United States; authorizing litigation by the attorney general. Subsections C and D would have required the Governor, Attorney General, and Commissioner of Public Lands to conduct an independent review of any national monument designations on federal lands within the state.
Update: 03/02/17 -- SCONC “do pass” as amended on a 5 - 4 vote. The amendment struck subsections C and D from the bill.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=364&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0364.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/senate/SB0364CO1.pdf

SB 481
ENDANGERED SPECIES COORDINATION (Burt)
An act about endangered species. Calling for an enactment of the endangered species conservation and coordination act and implementation of a state-based research program to assess the economic impacts of the listing of a species as endangered. SCONC.
https://www.nmlegis.gov/Sessions/17%20Regular/bills/senate/SB0481.pdf
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0481.PDF

SJM 4
POLLINATOR-FRIENDLY PLANT LABELING PROJECT (Stewart/
A joint memorial recognizing the legislature’s support for a voluntary pollinator-friendly plant labeling project at local nurseries around the state; requesting the governor to declare the second bee aware day; requesting the director of the legislative council service to designate an area at the state capitol as a pollinator garden to help educate the public about the importance of bees and other pollinators to humans. Passed Senate 35 - 0. Passed House 53 - 0. Does not require Governor’s signature.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=JM&legNo=4&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SJM004.PDF

SJR 8
NATIONAL PARK JURISDICTION (Rue)
A joint resolution approving the cession of concurrent legislative jurisdiction to the United States over Petroglyph NP and Valles Caldera National Preserve. SCONC.
https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=JR&legNo=8&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SJR08.PDF

SJR 15
RIGHT TO HUNT & FISH, CA (Muñoz)
A joint resolution proposing an amendment to article 2 of the NM constitution adding a new section to declare a constitutional right to hunt and fish. The proposed constitutional amendment states that hunting and fishing “shall be a preferred means of managing and controlling wildlife”. Creates a fundamental constitutional right to hunt and fish.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=JR&legNo=15&year=17

SM 100
REQUESTING THE DEPARTMENT OF GAME AND FISH TO ENGAGE IN A
DIALOGUE REGARDING THE FUTURE OF TRAPPING IN NEW MEXICO. (Campos)
Senate Memorial 100 tasks the Department of Game and Fish in engaging a dialogue with interested constituents regarding the future of trapping in New Mexico. The Department of Game and Fish is requested to seek input and participation from constituents for an adequate and flexible system of managing fur-bearing and non-game animals on public lands and for the protection of public safety.https://nmlegis.gov/Legislation/Legislation?Chamber=S&LegType=M&LegNo=100&year=17https://www.nmlegis.gov/Sessions/17%20Regular/firs/SM100.PDF


“Law without signature”

New Mexico Constitution, Article IV, Section 22
Every bill passed by the legislature shall, before it becomes a law, be presented to the governor for approval. If he approves, he shall sign it, and deposit it with the secretary of state; otherwise, he shall return it to the house in which it originated, with his objections, which shall be entered at large upon the journal;

Any bill not returned by the governor within three days, Sundays excepted, after being presented to him, shall become a law, whether signed by him or not, unless the legislature by adjournment prevent such return.

SB 184 timeline
• Passed Senate 40 - 0. Passed House 65 - 1 on 3/11/17 (Saturday)
• Veto message, no objections stated, on 3/15/17 (Wednesday), Senate Executive Message No. 15.
• Veto message for 16 bills, objections stated, on 3/16/17 (Thursday), Senate Executive Message No. 19.
• Received by Senate 3/16/17 at 5:47 p.m.

Senate Executive Message No. 15 (excerpt)

SEM No. 19 (excerpt)

Was the bill vetoed or not?

Note: This veto is not at issue in the mandamus action, State of New Mexico ex. rel. The New Mexico Legislative Council vs. Honorable Susana Martinez, Governor of the State of New Mexico, et al., set for hearing on May 15th in the New Mexico Supreme Court.

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