Committee adopts substitute for HB 113, debate centers on shelter funding and aid to pet owners

The House Appropriations and Finance Committee adopted a committee substitute for House Bill 113, changing the measure from creating an investment fund to making a straight appropriation for animal protection programs and related grants.

Sponsor representatives and advocates explained the substitute reflects conversations with the Department of Finance and Administration (DFA), which expressed concern about creating an investment fund seeded with the $7,000,000 currently listed in HB 2. Stacy Sutton Kirby and Judy Wolf, representing Animal Protection New Mexico and allied groups, told the committee the substitute “moves it from a fund, investment fund into a straight appropriation” after DFA consultation.

Public commenters included tribal and conservation representatives plus animal-welfare advocates and local officials. Drew Setter, registered lobbyist for the Pueblo of San Felipe, said the Pueblo supports the legislation. Grant Sizemore of American Bird Conservancy asked the committee to amend the bill to prohibit public funds from enabling the release of sterilized animals back to run at large, saying releases “continue to contribute to widespread harms, including property damage, nuisances, disease transmission risks, and threats to wildlife.” Best Friends Animal Society’s Lettie Vancavage urged support for trap-neuter-return for feral cats, citing shelter intake and surrender data.

Several speakers described the condition of rural shelters and the number of animals entering shelters. Mayor Ken Brennan of Edgewood said his town passed a resolution supporting HB 113 and described local adoption programs that could use funding. Supporters including former shelter directors and nonprofit leaders emphasized the need for spay-neuter services, mobile clinics, and shelter upgrades.

Committee members pressed the sponsor and witnesses about multiple provisions. Representative Duncan and others questioned why the bill authorizes “providing persons with essential resources” such as fencing, kennels, food or one-time supplies to keep animals in a home, asking whether the statute creates an open-ended subsidy to private individuals. The sponsor and expert witnesses said the program is intended to be competitive, that DFA will promulgate rules, and that “there will be caps on any single project that will be promulgated into those rules.” Committee members cited an estimate that fencing could cost about $3,000, and one witness said New Mexico euthanasia rates in 2023 were about 21.6 percent, which equals roughly 20,000 animals a year.

The committee voted to adopt the substitute (moved by Vice Chair Dixon and seconded by Representative Garrett) and later took no final passage vote on the bill at this hearing. Sponsor representatives said the appropriation amount identified in the companion budget is $7,000,000 (reduced from an earlier $10,000,000 trust-fund proposal), and they invited members to work on narrower eligibility rules and caps before the next hearing.

The record shows robust public comment from animal-welfare organizations, municipal officials and conservation groups, and substantial committee questioning about program limits, oversight, and the anti-donation clause when public funds are directed to private individuals.