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.

History: 1953 Comp., § 47-23-3, enacted by Laws 1967, ch. 213, § 3; 1983, ch. 229, § 1; 1993, ch. 248, § 3.

Compiler's notes. — The phrase "this act" in Subsection C refers to Laws 1967, ch. 213, which enacted sections presently compiled as 77-2-1 to 77-2-5, 77-2-7, 77-2-9, and 77-2-22 NMSA 1978.

The 1993 amendment, effective June 18, 1993, in Subsection B, substituted "nine members" for "seven members" in the first sentence, deleted the former second sentence which read "Each member must be a raiser and owner of cattle or a raiser and owner of sheep in this state and resident of New Mexico", inserted the current second, third and fourth sentences, and substituted "five members" for "four members" in the final sentence.

The 1983 amendment added "New Mexico" at the beginning of the catchline, inserted "New Mexico livestock" in the first sentence in Subsection B, in Subsection C and in the first sentence in Subsection D and deleted "at its principal office" following "board shall hold" in the second sentence in Subsection D.

Members of legislature may not serve on following boards and commissions: (1) cattle or sheep sanitary board (now New Mexico livestock board); (2) state police board; (3) capitol buildings improvement commission; (4) board of regents - El Rito normal; (5) state fair commission; (6) miners' hospital of New Mexico. 1959 Op. Att'y Gen. No. 59-140.

Officers required to receive certification. — The [New Mexico] livestock board in its capacity of enforcing the law is a "law enforcement agency" and its officers are "police officers" for purposes of 29-7-7 NMSA 1978, and livestock inspectors have 12 months after employment in which to receive their certification from the law enforcement academy or forfeit their positions. 1987 Op. Att'y Gen. No. 87-34.

Authority over wild horses. — The wild horses on the white sands missile range do not fit within the definition of "livestock" and, therefore, the New Mexico livestock board does not have the authority to take possession of and sell them as estrays. 1994 Op. Att'y Gen. No. 94-06.