Livestock Board

NMSA 1978 ch. 77, art. 2

in effect

NMSA 1978, § 77-2-1 Short title; purpose

77-2-1. Short title; purpose Chapter 77, Articles 2 through 18 NMSA 1978 may be cited as "The Livestock Code". The Livestock Code shall be liberally construed to carry out its purposes, which are to promote greater economy, service and efficiency in the administration of the laws relating to the livestock industry of New Mexico, to control disease, to prevent the theft or illegal movement of livestock and to oversee the New Mexico meat inspection program. 1953 Comp., § 47-23-1, enacted by Laws 1967, ch. 213, § 1; 1993, ch. 248, § 1; 1999, ch. 282, § 1.

NMSA 1978, § 77-2-1.1 Definitions

77-2-1.1. Definitions As used in The Livestock Code: A. "animals" or "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch, including the carcasses thereof, and exotic animals in captivity and includes equines, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae upon any land in New Mexico. "Animals" or "livestock" does not include canine or feline animals; B. "bill of sale" means an instrument in substantially the form specified in The Livestock Code by which the owner or the owner's authorized agent transfers to the buyer the title to animals described in the bill of sale; C. "bison" or "buffalo" means a bovine animal of the species bison; D. "board" means the New Mexico livestock board; E. "bond" means cash or an insurance agreement from a New Mexico licensed surety or insurance corporation pledging surety for financial loss caused to another, including certificate of deposit, letter of credit or other surety as may be approved by the grain inspection, packers and stockyards administration of the United States department of agriculture or the board; F. "brand" means a symbol or device in a form approved by and recorded with the board as may be sufficient to readily distinguish livestock should they become intermixed with other livestock; G. "brand inspector" means an inspector who is not certified as a peace officer; H. "carcasses" means dead or dressed bodies of livestock or parts thereof; I. "cattle" means animals of the genus bos, including dairy cattle, and does not include any other kind of livestock; J. "dairy cattle" means animals of the genus bos raised not for consumption but for dairy products and distinguished from meat breed cattle; K. "director" means the executive director of the board; L. "disease" means a communicable, infectious or contagious disease; M. "district" means a livestock inspection district; N. "equine" means a horse, pony, mule, donkey or hinny; O. "estray" means livestock found running at large upon public or private lands, either fenced or unfenced, whose owner is unknown, or that is branded with a brand that is not on record in the office of the board or is a freshly branded or marked offspring not with its branded or marked mother, unless other proof of ownership is produced; P. "inspector" means a livestock or brand inspector; Q. "livestock inspector" means a certified inspector who is granted full law enforcement powers for enforcement of The Livestock Code and other criminal laws relating to livestock; R. "mark" means an ear tag or ownership mark that is not a brand; S. "meat" means the edible flesh of poultry, birds or animals sold for human consumption and includes livestock, poultry and livestock and poultry products; T. "mule" means a hybrid resulting from the cross of a horse and an ass; and U. "person" means an individual, firm, partnership, association, corporation or similar legal entity. 1978 Comp., § 77-2-1.1, enacted by Laws 1993, ch. 248, § 2; 1995, ch. 111, § 1; 1999, ch. 282, § 2; 2001, ch. 8, § 2; 2001, ch. 341, § 2; 2015, ch. 22, § 1; 2023, ch. 45, § 3.

NMSA 1978, § 77-2-2 New Mexico livestock board created; transfer of powers; transfer of property

77-2-2. New Mexico livestock board created; transfer of powers; transfer of property A. In order to achieve the purposes set forth in Section 1 [77-2-1 NMSA 1978], there is hereby created a board to be known as the "New Mexico livestock board." The New Mexico livestock board shall have all powers which have heretofore been held by the cattle sanitary board or the sheep sanitary board and those powers are hereby transferred to the New Mexico livestock board. B. Wherever in the NMSA 1978 the term "board" or "sanitary board" is used in relation to the sheep sanitary board or the cattle sanitary board, it shall mean the New Mexico livestock board. Wherever in the NMSA 1978 the terms [term] "sheep sanitary board" or "cattle sanitary board" are [is] used it shall mean the New Mexico livestock board. C. Wherever in the NMSA 1978 the term "secretary," "secretary of the board," "secretary of the sheep sanitary board," "secretary of the cattle sanitary board" or any similar term is used in relation to the secretary of the sheep sanitary board or the secretary of the cattle sanitary board, it shall mean the executive director of the New Mexico livestock board. D. All books, records, property and equipment of the sheep sanitary board and the cattle sanitary board are transferred to the New Mexico livestock board. 1953 Comp., § 47-23-2, enacted by Laws 1967, ch. 213, § 2.

NMSA 1978, § 77-2-3 New Mexico livestock board; scope; composition; qualifications; terms; meetings

77-2-3. New Mexico livestock board; scope; composition; qualifications; terms; meetings A. The New Mexico livestock board is established to govern the livestock industry of the state in the manner required by law. B. The New Mexico livestock board shall be composed of nine members appointed by the governor and adequately representing the state livestock industry. Seven of the nine members must raise and own cattle or raise and own sheep in this state and be residents of this state. Two members of the board shall not raise or own cattle or sheep but shall be appointed to represent the general public. The two public members also shall be residents of New Mexico. The majority of the members of the board at any given time shall, however, be primarily engaged in the business of raising and owning cattle in this state. The board shall be bipartisan, but no more than five members of the board shall belong to the same political party. C. The term of office of each member of the New Mexico livestock board shall be six years; provided, that of the members of the board to be appointed after the passage and approval of this act, two shall be appointed for a term of two years, two for a term of four years and three for a term of six years and, upon the expiration of the terms of such appointments, the successors shall be appointed for the full term of six years. D. The New Mexico livestock board shall elect from their number a chairman, vice-chairman and secretary. The board shall hold two regular meetings in each year, one in June and the other in December. Special meetings may be called by the chairman or by the vice-chairman in the event that the chairman is absent from the state or because the chairman is physically incapacitated or by a majority of the members of the board. 1953 Comp., § 47-23-3, enacted by Laws 1967, ch. 213, § 3; 1983, ch. 229, § 1; 1993, ch. 248, § 3.

NMSA 1978, § 77-2-4 Compensation of members

77-2-4. Compensation of members The members of the New Mexico livestock board shall receive 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. 1953 Comp., § 47-23-4, enacted by Laws 1967, ch. 213, § 4.

NMSA 1978, § 77-2-5 Report of board

77-2-5. Report of board It shall be the duty of the board during the first week in December of each year to transmit to the governor a report of its activities for the previous calendar year. This report shall contain a detailed account of all of the receipts and expenditures of money by the board, together with other facts relating to the livestock industry in New Mexico which may be of public interest. The report of the board shall be transmitted by the governor to the legislature. 1953 Comp., § 47-23-5, enacted by Laws 1967, ch. 213, § 5.

NMSA 1978, § 77-2-6 Livestock board attached to New Mexico department of agriculture

77-2-6. Livestock board attached to New Mexico department of agriculture The board is attached for coordinative purposes to the New Mexico department of agriculture. The board shall execute a memorandum of understanding with the director of the New Mexico department of agriculture, identifying areas for cooperation and coordination of the activities of the board with those of the department of agriculture. Administrative and other services may be provided the board by the department pursuant to the terms of the memorandum of understanding. The board shall submit an annual report on its activities to the director. This section shall not be construed to affect the exercise of any board power or duty. 1953 Comp., § 47-23-5.1, enacted by Laws 1977, ch. 256, § 3.

NMSA 1978, § 77-2-7 Additional powers of the board

77-2-7. Additional powers of the board In addition to the powers transferred from the cattle and sheep sanitary boards, the board may: A. exercise general regulatory supervision over the livestock industry of this state in order to protect the industry from theft and diseases and in order to protect the public from diseased or unwholesome meat or meat products; B. appoint and fix the salary of an executive director who shall file an oath and be bonded in an amount fixed by the board. The director shall manage the affairs of the board under the direction of the board. He shall be chosen solely on qualifications and fitness for the office. He shall devote his entire time to the duties of the office; C. employ clerical help, provide office space and purchase equipment, including vehicles; D. employ livestock inspectors and brand inspectors and other personnel necessary to carry out the purposes of The Livestock Code. All livestock inspectors appointed by the board shall have the same powers as any other peace officer in the enforcement of that code; E. appoint a state veterinarian and subordinate veterinarians as are necessary to carry out the duties of the board; F. adopt and promulgate rules to control the importation and exportation of animals; G. establish livestock inspection districts; H. establish quarantine, provide its boundaries and give notice of the quarantine and do all other things necessary to effect the object of the quarantine and to protect the livestock industry of this state from disease and prevent the spread of disease; I. adopt and promulgate rules for meat inspection, including the slaughter and disposition of the carcasses of livestock affected with diseases when the action appears necessary to prevent the spread of any contagion or infection among livestock; J. adopt and promulgate rules governing the importation, manufacture, sale, distribution or use within the state of serums, vaccine and other biologicals intended for diagnostic or therapeutic uses with livestock and regulate the importation, manufacture or use of virulent blood or living virus of any diseases affecting livestock; K. set fees or charges, not to exceed one hundred dollars ($100) per call, for any services rendered by the board or its employees that are deemed necessary by the board and for which no fee has been set by statute; L. consider the views of the livestock industry in the administration of The Livestock Code; M. adopt and promulgate rules to otherwise carry out the purposes of The Livestock Code; N. hold hearings and subpoena witnesses for the purpose of investigating or enforcing The Livestock Code or rules established pursuant to that code; and O. enter into joint powers agreements with Indian nations, tribes or pueblos to promote cooperation in carrying out the provisions of The Livestock Code. 1953 Comp., § 47-23-6, enacted by Laws 1967, ch. 213, § 6; 1973, ch. 234, § 5; 1983, ch. 229, § 2; 1993, ch. 248, § 4; 1995, ch. 111, § 2; 1999, ch. 282, § 3.

NMSA 1978, § 77-2-7.1 Brands; subject to change in ownership; fees for transfer

77-2-7.1. Brands; subject to change in ownership; fees for transfer Brands recorded in accordance with the provisions of Section 77-9-10 [77-2-7.4] NMSA 1978 are personal property of the person in whose name they are recorded. Ownership may be transferred in the same manner as other personal property. The fee for recording a transfer of ownership with the director of the New Mexico livestock board shall be a sum fixed by the board not to exceed the amount prescribed by law. Laws 1895, ch. 6, § 3; C.L. 1897, § 108; Code 1915, § 119; C.S. 1929, § 4-1405; 1941 Comp., § 49-905; 1953 Comp., § 47-9-5; Laws 1959, ch. 249, § 1; 1971, ch. 50, § 1; 1975, ch. 91, § 1; 1981, ch. 357, § 5; 1978 Comp., § 77-9-7, recompiled as 1978 Comp., § 77-2-7.1 by Laws 1999, ch. 282, § 103.

NMSA 1978, § 77-2-7.2 Registration of brands and marks; board

77-2-7.2. Registration of brands and marks; board Except as otherwise authorized by the board, the board is the sole authority for the registration of brands, marks or electronic identification on livestock in this state. Laws 1895, ch. 6, § 4; C.L. 1897, § 109; Code 1915, § 120; C.S. 1929, § 4-1406; 1941 Comp., § 49-906; 1953 Comp., § 47-9-6; Laws 1971, ch. 50, § 2; 1978 Comp., § 77-9-8, amended and recompiled as 1978 Comp., § 77-2-7.2 by Laws 1999, ch. 282, § 11.

NMSA 1978, § 77-2-7.3 Brand books

77-2-7.3. Brand books The board shall keep a suitable record of all registered brands, marks and electronic identification used for the identification of livestock in this state. Laws 1895, ch. 6, § 5; C.L. 1897, § 110; Code 1915, § 121; C.S. 1929, § 4-1407; 1941 Comp., § 49-907; 1953 Comp., § 47-9-7; Laws 1983, ch. 229, § 7; 1993, ch. 248, § 45; 1978 Comp., § 77-9-9, amended and recompiled as 1978 Comp., § 77-2-7.3 by Laws 1999, ch. 282, § 12.

NMSA 1978, § 77-2-7.4 Recording before use; recording fee; conflicting brands

77-2-7.4. Recording before use; recording fee; conflicting brands A. A brand shall not be used until recorded. A facsimile of the brand and a recording fee fixed by the board shall be forwarded to the director. One certified copy of the recorded brand shall be furnished to the owner of the brand by the director when the brand is recorded. B. The director shall immediately record the brand unless it has been recorded previously or conflicts with a prior recorded brand. In that event, the director shall return the facsimile unrecorded and charge a fee for the research. C. Additional certified copies of brands recorded may be obtained from the director by the payment of a fee to be fixed by the board in a sum not to exceed the amount prescribed by law. Laws 1895, ch. 6, § 9; C.L. 1897, § 113; Code 1915, § 123; C.S. 1929, § 4-1409; 1941 Comp., § 49-908; Laws 1949, ch. 49, § 1; 1953 Comp., § 47-9-8; Laws 1959, ch. 249, § 2; 1971, ch. 50, § 3; 1975, ch. 91, § 2; 1981, ch. 357, § 6; 1978 Comp., § 77-9-10, amended and recompiled as 1978 Comp., § 77-2-7.4 by Laws 1999, ch. 282, § 13.

NMSA 1978, § 77-2-7.5 Fees; disposition

77-2-7.5. Fees; disposition The fees for recording or researching brands and for furnishing certified copies of the recording or research shall be placed to the credit of the New Mexico livestock board interim receipts and disbursements fund. Laws 1905, ch. 30, § 1; Code 1915, § 124; C.S. 1929, § 4-1410; 1941 Comp., § 49-909; 1953 Comp., § 47-9-9; Laws 1993, ch. 248, § 46; 1978 Comp., § 77-9-11, amended and recompiled as 1978 Comp., § 77-2-7.5 by Laws 1999, ch. 282, § 14.

NMSA 1978, § 77-2-7.6 Brand book

77-2-7.6. Brand book The director shall publish a brand book in which shall be given a facsimile or copy of all brands recorded in the office of the board, together with the owner's name and address. The board may publish if it deems best to do so a limited number of brand books in addition to the number required by the provisions of this section and to sell them for such price as the board considers reasonable and proper. The price shall not be less than the actual cost. Laws 1895, ch. 6, § 12; C.L. 1897, § 116; Code 1915, § 127; C.S. 1929, § 4-1413; 1941 Comp., § 49-912; 1953 Comp., § 47-9-11; Laws 1983, ch. 229, § 8; 1993, ch. 248, § 48; 1978 Comp., § 77-9-13, amended and recompiled as 1978 Comp., § 77-2-7.6 by Laws 1999, ch. 282, § 15.

NMSA 1978, § 77-2-7.7 More than one brand unlawful; exceptions; penalty

77-2-7.7. More than one brand unlawful; exceptions; penalty A. It is unlawful for an owner of livestock in originally marking or branding livestock to make use of or keep up more than one mark or brand; provided that an owner may own and possess livestock in different marks or brands if they were acquired by him by purchase or other lawful manner and evidenced by a bill of sale from the previous owner of the livestock having such brands or from the heirs, executors, administrators or legal representatives of the owner. Livestock so acquired shall be branded or marked as provided in The Livestock Code by and with the recorded brand or mark of the person acquiring the livestock. It is lawful for the purpose of identification during the pendency of a mortgage or lien to brand the increase of the branded livestock in the recorded brand designated in the mortgage or lien. B. A brand shall not be altered by placing another brand on it or in the same location. C. A person who unlawfully brands livestock contrary to the provisions of The Livestock Code is guilty of a misdemeanor and upon conviction shall be punished in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense. Laws 1895, ch. 6, § 13; C.L. 1897, § 117; Code 1915, § 128; Laws 1919, ch. 54, § 1; C.S. 1929, § 4-1414; 1941 Comp., § 49-913; 1953 Comp., § 47-9-12; Laws 1975, ch. 139, § 4; 1993, ch. 248, § 49; 1978 Comp., § 77-9-14, amended and recompiled as 1978 Comp., § 77-2-7.7 by Laws 1999, ch. 282, § 16.

NMSA 1978, § 77-2-7.8 Brands of minors

77-2-7.8. Brands of minors Minors owning livestock separate from that of the parent or guardian may have a mark or brand, which shall be recorded in accordance with the requirement of The Livestock Code, but the parent or guardian shall be responsible for the proper use of the mark or brand by any minor. Laws 1895, ch. 6, § 14; C.L. 1897, § 118; Code 1915, § 129; C.S. 1929, § 4-1415; 1941 Comp., § 49-914; 1953 Comp., § 47-9-13; 1993, ch. 248, § 50; 1978 Comp., § 77-9-15, amended and recompiled as § 77-2-7.8 by Laws 1999, ch. 282, § 17.

NMSA 1978, § 77-2-7.9 Filing of facsimile; designation of brands; holding brand renewal and fee; branding increase; offenses; penalty

77-2-7.9. Filing of facsimile; designation of brands; holding brand renewal and fee; branding increase; offenses; penalty An owner of livestock desiring to use in branding a brand not already recorded in the office of the board shall file with the director a facsimile of the desired brand. The owner may record the desired brands as holding brands upon livestock so owned upon furnishing to the director a full description as to the number, class and locality of all livestock branded with the holding brand. A recorded holding brand may be used also on a show animal. A fee shall be charged for the recording of a holding brand, which recording shall be valid for a period of one year or until the described livestock depart the state, whichever comes first. The recording may be renewed for additional years by the payment of a fee at each yearly renewal; provided that it is unlawful for the owner to brand the increase of such livestock in any other brand than the recorded brand of the owner except in the case of mortgaged livestock as provided in Section 77-9-14 NMSA 1978, as recompiled [77-2-7.7 NMSA 1978]. A person who violates the provisions 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 offense. Laws 1912, ch. 55, § 2; Code 1915, § 138; Laws 1919, ch. 55, § 1; C.S. 1929, § 4-1424; 1941 Comp., § 49-915; 1953 Comp., § 47-9-14; Laws 1977, ch. 148, § 1; 1981, ch. 357, § 7; 1993, ch. 248, § 51; 1978 Comp., § 77-9-16, amended and recompiled as 1978 Comp., § 77-2-7.9 by Laws 1999, ch. 282, § 18.

NMSA 1978, § 77-2-7.10 Brands; board may reject

77-2-7.10. Brands; board may reject The board shall have the power to reject any brand offered for record under the provisions of Section 77-9-16 [77-2-7.9] NMSA 1978 when upon satisfactory evidence it is shown to the board that the same is offered for or is of such character that may be used for malicious or deceptive purposes or is not in conformity with the provisions of Section 77-9-16 [77-2-7.9] NMSA 1978. Laws 1912, ch. 55, § 5; Code 1915, § 141; C.S. 1929, § 4-1427; 1941 Comp., § 49-917; 1953 Comp., § 47-9-16; 1993, ch. 248, § 52; 1978 Comp., § 77-9-18, recompiled as 1978 Comp., § 77-2-7.10 by Laws 1999, ch. 282, § 103.

NMSA 1978, § 77-2-7.11 Brand; priority of right to

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. 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.

NMSA 1978, § 77-2-7.12 Re-recording of brands; notice; publication; fees

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. 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.

NMSA 1978, § 77-2-8 Research and promotion of meat and meat products

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. 1953 Comp., § 47-23-6.1, enacted by Laws 1969, ch. 177, § 1; 1999, ch. 282, § 4.

NMSA 1978, § 77-2-9 Reports of inspectors; prosecution of violations of livestock laws

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. 1953 Comp., § 47-23-7, enacted by Laws 1967, ch. 213, § 8; 1983, ch. 229, § 3; 2001, ch. 8, § 3; 2001, ch. 341, § 3.

NMSA 1978, § 77-2-10 Receipts; deposit of funds

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. 1953 Comp., § 47-23-8, enacted by Laws 1973, ch. 84, § 1; 1993, ch. 248, § 5; 2003, ch. 273, § 24.

NMSA 1978, § 77-2-12 Executive director; duties, oath and bond

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. 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.

NMSA 1978, § 77-2-13 Records; certified copy evidence

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. 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.

NMSA 1978, § 77-2-14 Attorney; duties

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. Laws 1937, ch. 205, § 1; 1941 Comp., § 49-210; 1953 Comp., § 47-2-10; Laws 1986, ch. 32, § 41; 1999, ch. 282, § 6.

NMSA 1978, § 77-2-15 Special taxes; levy; collection

77-2-15. Special taxes; levy; collection A. Each year the board of county commissioners of each county shall at its first meeting after the return of the assessment of the property for taxation by the county assessors of each county, levy a special tax at a rate to be fixed each year by the New Mexico livestock board. Subject to the provisions of Section 7-37-7.1 NMSA 1978, the New Mexico livestock board shall, in each year, order the levy of a tax on livestock at a rate not to exceed ten dollars ($10.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], of the livestock. The New Mexico livestock board may set different rates for individual classes of livestock. B. The order imposing the levy of the tax shall be made on or before June 30 in each year and shall be certified to the department of finance and administration by the director. The department of finance and administration shall certify the amount of the levy to the board of county commissioners of each county, and the board of county commissioners shall include the levy in its annual levy of taxes. The special tax shall be collected in each county and paid to the state treasurer in the manner provided by law for the collection and payment of other state taxes. Such funds shall be remitted to the New Mexico livestock board for deposit in the interim receipts and disbursements fund. Laws 1937, ch. 205, § 2; 1939, ch. 15, § 1; 1941, ch. 151, § 1; 1941 Comp., § 49-211; 1953 Comp., § 47-2-11; Laws 1961, ch. 142, § 1; 1986, ch. 32, § 42; 1993, ch. 248, § 7; 1999, ch. 282, § 7.

NMSA 1978, § 77-2-16 Financial report and tax estimate; state levy; maximum rate

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. 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.

NMSA 1978, § 77-2-17 Payment of tax collections to state treasurer; disbursement

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. 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.

NMSA 1978, § 77-2-18 Compensation of employees

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. 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.

NMSA 1978, § 77-2-19 Limitation on expenditures

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. 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.

NMSA 1978, § 77-2-21 Fees

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. 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.

NMSA 1978, § 77-2-22 Penalty for violating rule

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. Laws 1933, ch. 53, § 2; 1941 Comp., § 49-219; 1953 Comp., § 47-2-19; Laws 1967, ch. 213, § 7; 1999, ch. 282, § 8.

NMSA 1978, § 77-2-25 Interim receipts and disbursements fund created

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. 1953 Comp., § 47-2-23, enacted by Laws 1959, ch. 291, § 2; 1993, ch. 248, § 14.

NMSA 1978, § 77-2-26 Board not to be assessed for general administrative overhead

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. 1953 Comp., § 47-2-24, enacted by Laws 1959, ch. 291, § 3; 1993, ch. 248, § 15.

NMSA 1978, § 77-2-29 Fees

77-2-29. Fees The following fees shall be fixed by the board for services rendered pursuant to the provisions of The Livestock Code: A. an inspection or permit fee not to exceed one dollar ($1.00) per head to be charged for the importation or exportation of sheep and goats pursuant to Section 77-8-3 NMSA 1978 and a service charge in an amount not to exceed fifty dollars ($50.00) for each inspection request; provided that the board shall not increase the inspection fee more than four cents ($.04) in any one fiscal year; B. a fee for recording a transfer of a brand pursuant to Section 77-2-7.1 NMSA 1978 in an amount not to exceed two hundred dollars ($200); C. a fee for recording a brand or researching a brand pursuant to Section 77-2-7.4 NMSA 1978 in an amount not to exceed two hundred dollars ($200); D. a fee for additional copies of certified copies of brands pursuant to Section 77-2-7.4 NMSA 1978 in an amount not to exceed twenty dollars ($20.00) per copy; E. a fee for the recording of a holding brand pursuant to Section 77-2-7.9 NMSA 1978 in an amount not to exceed two hundred dollars ($200), which recording shall be valid for one year from the date of recording, and an additional fee in an amount not to exceed one hundred dollars ($100) for each annual renewal; F. a fee for the re-recording of brands pursuant to Section 77-2-7.12 NMSA 1978 in an amount not to exceed two hundred dollars ($200); G. a fee for the inspection of livestock pursuant to Section 77-9-38 or 77-10-4 NMSA 1978 in an amount not to exceed two dollars fifty cents ($2.50) per head and a service charge in an amount not to exceed fifty dollars ($50.00) for each inspection request; provided that the board may not increase the inspection fee more than ten cents ($.10) in any one fiscal year; H. a fee for the inspection of hides pursuant to Section 77-9-54 NMSA 1978 in an amount not to exceed two dollars fifty cents ($2.50) per hide and a service charge in an amount not to exceed fifty dollars ($50.00) for each inspection request; provided that the board may not increase the inspection fee more than ten cents ($.10) in any one fiscal year; I. a fee for the handling of the proceeds of the sale of an estray pursuant to Section 77-13-6 NMSA 1978 in an amount not to exceed seventy-five dollars ($75.00); J. a fee for the impoundment of trespass livestock pursuant to Section 77-14-36 NMSA 1978 in an amount not to exceed fifty dollars ($50.00) per head per day and a reasonable charge for the moving of trespass livestock pursuant to Section 77-14-36 NMSA 1978 to be set by the board; K. a fee for the licensing of a livestock auction market pursuant to Section 77-10-2 NMSA 1978 in an amount not to exceed one hundred dollars ($100); L. a fee for issuing a transportation permit pursuant to Section 77-9-42 NMSA 1978 in an amount not to exceed one hundred dollars ($100); M. a fee for the licensing of a cattle or sheep rest station pursuant to Section 77-9A-2 NMSA 1978 in an amount not to exceed one hundred dollars ($100); N. a fee for issuing a certificate of brand exemption pursuant to Section 77-8-22 or 77-9-3 NMSA 1978 in an amount not to exceed two hundred dollars ($200); and O. a fee for moving a head of livestock to or from a place for seasonal grazing in an amount equal to fifty percent of the fee for the inspection of livestock per head set by the board pursuant to Subsection G of this section and Section 77-9-38 NMSA 1978, rounded up to the nearest cent. For the purposes of this subsection, "seasonal grazing" means the movement of livestock from one grazing location to another grazing location; provided, however, that both grazing locations are under the control of the same producer and the ownership of the livestock does not transfer upon the movement of the livestock. 1978 Comp., § 77-2-28, enacted by Laws 1981, ch. 357, § 2; 1982, ch. 61, § 1; 1993, ch. 248, § 17; 1999, ch. 282, § 10; 2004, ch. 26, § 1; 2025, ch. 65, § 1.

NMSA 1978, § 77-2-30 Equine rescue or retirement facility; registration; board powers and duties; fees

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. Laws 2005, ch. 236, § 1; 2023, ch. 45, § 4.

NMSA 1978, § 77-2-31 Equine rescue or retirement facilities; inspections; reinspection

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. Laws 2005, ch. 236, § 2; 2023, ch. 45, § 5.

NMSA 1978, § 77-2-32 Equine shelter rescue fund; created

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 [repealed]. 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. Laws 2013, ch. 49, § 1; 2023, ch. 45, § 6.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18580/index.doFetched: 10/20/2026