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 N.M. Stat. Ann..