HOUSE BILL 629

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Andy Nunez

AN ACT

RELATING TO AGRICULTURE; PROVIDING FOR CONFIDENTIALITY OF STATE INFORMATION ON LIVESTOCK PREMISES AND IDENTIFICATION RECORDS; PROVIDING PENALTIES.

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

     Section 1. A new section of The Livestock Code is enacted to read:

     "[NEW MATERIAL] NATIONAL LIVESTOCK IDENTIFICATION PROGRAM--CONFIDENTIALITY OF RECORDS.--

          A. Except as provided by Subsection B of this section, all records, data and information collected by the state, recorded or otherwise, for the purposes of a national livestock identification program shall be confidential and are not public records for purposes of the Inspection of Public Records Act. The records, data and information shall be released only upon order of the board to appropriate governmental agencies for the purposes of a national livestock identification program, disease outbreak or law enforcement investigation. The board shall not release any records, data or information to a federal agency until the agency confirms in writing that it will maintain the records, data and information as confidential and that they are not subject to release under the federal Freedom of Information Act. Upon release by the board of any information to any other governmental entity, the board shall notify the person to whom the information refers or pertains that the release has been made and the name of the entity to whom the information was released, and the board shall provide a copy or summary of the information contained in the release. The records, data and information shall not be subject to discovery or introduction into evidence in any civil action.

          B. The board may release information collected for the purposes of a national livestock identification program related to the ownership and location of individual animals to the extent the information is useful in controlling or preventing a disease outbreak or to show particular animals or herds are not involved in a disease outbreak. The information released may be a public release or may be limited to specific individuals with a need to know the information, as the board deems the circumstances require.

          C. A person who knowingly provides false information to the board for purposes of a national livestock identification program is guilty of a misdemeanor punishable by a fine of up to one thousand dollars ($1,000), imprisonment for up to six months, or both.

          D. A person who refuses to provide to the board information that is required pursuant to the authority of the board for purposes of a mandatory national livestock identification program is guilty of a misdemeanor punishable by a fine of up to one thousand dollars ($1,000), imprisonment for up to six months, or both."

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