45th legislature - STATE OF NEW MEXICO - second session, 2002
RELATING TO LIVESTOCK; INCREASING FEES FOR THE SUPPORT OF THE NEW MEXICO LIVESTOCK BOARD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 77-2-29 NMSA 1978 (being Laws 1981, Chapter 357, Section 2, as amended) is amended to read:
"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
[sixteen cents ($.16)] twenty-four cents ($.24) 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 ten dollars ($10.00) for each
inspection request, provided that the board shall not increase
the fee more than four cents ($.04) in any one fiscal year;
B. a fee for recording a transfer of a brand
pursuant to Section [77-9-7 NMSA 1978, as recompiled] 77-2-7.1
NMSA 1978 in an amount not to exceed [fifty dollars ($50.00)]
one hundred dollars ($100);
C. a fee for recording a brand or researching a
brand pursuant to Section [77-9-10 NMSA 1978, as recompiled]
77-2-7.4 NMSA 1978 in an amount not to exceed [fifty dollars
($50.00)] one hundred dollars ($100);
D. a fee for additional copies of certified copies
of brands pursuant to Section [77-9-10 NMSA 1978, as
recompiled] 77-2-7.4 NMSA 1978 in an amount not to exceed
[five dollars ($5.00)] ten dollars ($10.00) per copy;
E. a fee for the recording of a holding brand
pursuant to Section [77-9-16 NMSA 1978, as recompiled]
77-2-7.9 NMSA 1978 in an amount not to exceed one hundred
dollars ($100), 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 rerecording of brands pursuant to
Section [77-9-20 NMSA 1978, as recompiled] 77-2-7.12 NMSA 1978
in an amount not to exceed [fifty dollars ($50.00)] one
hundred dollars ($100);
G. a fee for the inspection of livestock pursuant
to Section 77-9-38 or 77-10-4 NMSA 1978 in an amount not to
exceed [fifty cents ($.50)] seventy-five cents ($.75) per head
and a service charge in an amount not to exceed ten dollars
($10.00) for each inspection request, provided that the board
[may] shall not increase the inspection fee more than ten
cents ($.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 [fifty
cents ($.50)] seventy-five cents ($.75) per hide and a service
charge in an amount not to exceed ten dollars ($10.00) for
each inspection request [provided that the board may not
increase the inspection fee more than ten cents ($.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 ten dollars ($10.00);
J. a fee for the impoundment of trespass livestock pursuant to Section 77-14-36 NMSA 1978 in an amount not to exceed ten dollars ($10.00) 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 [twenty-five dollars ($25.00)] 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 fifty dollars ($50.00);
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 [twenty-five dollars ($25.00)] one
hundred dollars ($100); and
N. a fee for issuing a certificate of brand
exemption pursuant to Section 77-8-22 or [Section] 77-9-3 NMSA
1978 in an amount not to exceed [fifty dollars ($50.00)] one
hundred dollars ($100)."
Section 2. Section 77-17-2 NMSA 1978 (being Laws 1939, Chapter 115, Section 2, as amended) is amended to read:
"77-17-2. LICENSES--BUTCHER OR SLAUGHTERER--DEALER IN FRESH MEAT OR LIVESTOCK OR POULTRY MEAT PRODUCTS OR MEAT FROM OTHER BIRDS AND ANIMALS USED FOR HUMAN CONSUMPTION--COLD STORAGE LOCKER--RENDERING PLANT.--
A. A person carrying on or desiring to carry on
the business of butcher or slaughterer of livestock used for
human consumption shall procure a license from the board prior
to carrying on the business and shall pay a yearly license fee
[of twenty-five dollars ($25.00)] not to exceed one hundred
dollars ($100).
B. In addition, such person may be charged reasonable fees for meat inspection service over and above the inspector's normal working assignment under the rules of the board pertaining to meat inspection.
C. Application for licensure shall be made upon a
form prescribed by the board and shall be accompanied by the
amount of the license fee provided in this section. The
license [fees] fee shall not be prorated on account of the
applicant doing business for less than a full calendar year,
and the license renewal fee in [these] the same [amounts]
amount shall be paid for each calendar year in which any
person engages in the business and be paid at the time
prescribed by rules of the board.
D. A person carrying on or desiring to carry on
the business of selling or dealing in the fresh meat or meat
products of livestock used for human consumption or livestock
or poultry meat products or manufacturing or processing of
meat or poultry products or operating a rendering plant or
operating a cold storage locker plant in which cold storage
lockers are rented or leased to other persons shall obtain a
license to engage in the business from the board after making
application upon forms prescribed by the board and upon
payment of an annual license fee in an amount set by the board
not to exceed [ten dollars ($10.00)] one hundred dollars
($100). Annual renewal fees are payable at times prescribed
by rule of the board. No bond or bond filing fee is required
for any person licensed pursuant to this subsection.
E. Licenses provided for in this section shall not be issued to a person who is not meeting the requirements for facilities and product handling provided for in the federal and state meat inspection acts and United States department of agriculture food safety inspection service and board rules. For good cause shown, the board may, after notice to the holder of a license provided for in this section and after a reasonable hearing, revoke a license."