ANIMAL WELFARE FUND SPAY & NEUTER SUBACCOUNT

SB0063

SENATE BILL 63

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Craig W. Brandt
and
Steve D. Lanier

AN ACT

RELATING TO ANIMALS; CREATING THE COUNTY DOG AND CAT SPAY AND
NEUTER SUBACCOUNT IN THE ANIMAL WELFARE PROGRAM FUND; MAKING AN
APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 77-1-21 NMSA 1978 (being Laws 2025,
Chapter 94, Section 1) is amended to read:

"77-1-21. ANIMAL WELFARE PROGRAM.--

A. The "animal welfare program" is created to
provide funding for projects that support the welfare of
domestic cats and dogs as provided in this section. Beginning
July 1, 2025, the department may award a grant to a
municipality or county or an Indian nation, tribe or pueblo, or
contract for services with an eligible entity, for a project to
repair, renovate or operate an animal shelter, provided that a
grant to repair or renovate shall only be for publicly owned
facilities, and to purchase equipment and supplies or provide
services for:

(1) controlling loose or stray cats and dogs
to mitigate threats to public safety, livestock or other
domestic animals;

(2) improving the enforcement of animal
cruelty laws, including investigation and response to reports
of animal cruelty;

(3) reducing animal shelter intake and
euthanasia rates or expanding animal shelter building facility
capacity;

(4) providing spay and neuter services,

including spay and neuter services for individual dog and cat
owners
;

(5) providing shelter and care for cats and
dogs seized by law enforcement that are suspected of being
cruelly treated in violation of local, state or federal laws;
or

(6) developing, publishing or distributing
animal welfare education and outreach materials to the public.

B. To receive a grant or contract for services, an
applicant shall apply to the department on forms and in a
manner prescribed by the department. An application shall
include:

(1) a description of the proposed project;

(2) a demonstration that the proposed project
will meet one or more of the purposes provided in Subsection A
of this section; and

(3) details and specifics as to the reasonable
expected costs and completion date of the proposed project.

C. The department shall determine, through a
competitive review process pursuant to rules promulgated by the
department, which proposed projects are approved to receive a
grant or contract for services. The department may adjust the
amount of money requested for a proposed project based on its
determination of the reasonable costs of the proposal. Once
the projects are approved, the department shall promptly offer
each applicant a grant or contract for services, as
appropriate. If a grantee or contractor accepts an offer, the
project may commence and the grantee or contractor shall report
to the department on the progress of the project on a periodic
basis, as determined by the department, including an accounting
of expenditures made for the project. Funds allocated to an
approved project shall be spent within two years of receiving a
grant or contract for services, and if any unexpended or
unencumbered balance remains at the end of the project period,
the applicant shall immediately return that balance to the
department. The department shall deposit returned amounts in
the animal welfare program fund.

D. The department shall promulgate rules to
administer the animal welfare program. The rules shall include
provisions to:

(1) establish procedures for review,
evaluation and approval of proposed project applications;

(2) accord priority attention to areas with
the greatest need for animal welfare projects; and

(3) evaluate the ability and competence of an
applicant to provide efficiently and adequately for the
completion of a proposed project.

E. On October 1 of each year, the department shall
submit a report to the legislative finance committee on the
animal welfare program that shall include:

(1) for each funded project:

(a) a description of the project;

(b) the name of the grantee or
contractor;

(c) how much funding the project
received;

(d) the progress or completion of the
project; and

(e) how the project supports animal
welfare;

(2) the number and proposed costs of proposed
projects that were approved for but did not receive funding due
to the insufficiency of available funds for the animal welfare
program; and

(3) the total amount of administrative costs
incurred by the department to administer the program.

F. As used in this section:

(1) "department" means the department of
finance and administration;

(2) "eligible entity" means a nonprofit
organization whose primary purpose is to provide services that
support the welfare of domestic cats and dogs; and

(3) "equipment and supplies" means vehicles,
equipment and tools, computer hardware and software, training
materials and supplies that are necessary and directly related
to providing support for animal welfare."

SECTION 2.
Section 77-1-22 NMSA 1978 (being Laws 2025,
Chapter 94, Section 2) is amended to read:

"77-1-22. ANIMAL WELFARE PROGRAM FUND.--

A.
The "animal welfare program fund" is created as
a nonreverting fund in the state treasury. The fund consists
of appropriations, gifts, grants and donations. The department
of finance and administration shall administer the fund, and
money in the fund is appropriated to the department to
administer the animal welfare program. Expenditures from the
fund shall be by warrant of the secretary of finance and
administration pursuant to vouchers signed by the secretary of
finance and administration or the secretary's authorized
representative.

B. The "county dog and cat spay and neuter
subaccount" is established in the animal welfare program fund.
Money in the subaccount shall only be used for counties to
contract with persons licensed as doctors of veterinary
medicine pursuant to the Veterinary Practice Act
to provide dog
and cat spay and neuter services
for individual dog and cat
owners in accordance with the animal welfare program.
"

SECTION 3.
APPROPRIATION.--Two million dollars
($2,000,000) is appropriated from the general fund to the
county dog and cat spay and neuter
subaccount in the animal
welfare program fund for expenditure in fiscal year 2027 and
subsequent fiscal years to carry out dog and cat spay and
neuter services for individual dog and cat owners in accordance
with the animal welfare program.
Any unexpended balance
remaining at the end of a fiscal year shall not revert to the
general fund.

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