0001| HOUSE BILL 392
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| G. X. MCSHERRY
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0005|
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0006|
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0007|
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0008| FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO PUBLIC HEALTH; CHANGING THE MEMBERSHIP AND DUTIES
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0012| OF THE PESTICIDE ADVISORY BOARD.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 76-4-36 NMSA 1978 (being Laws 1973,
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0016| Chapter 366, Section 36, as amended) is amended to read:
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0017| "76-4-36. PESTICIDE ADVISORY BOARD--CREATED--MEMBERS--
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0018| PURPOSE [DETERMINATION OF ESSENTIAL USES] DUTIES.--
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0019| A. There is created the "pesticide advisory board"
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0020| consisting of the dean of the college of agriculture at New
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0021| Mexico state university, the [director of the environmental
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improvement division of the health and] secretary of
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0023| environment [department], the secretary of [natural
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resources, the secretary of the department of finance and
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administration] health and the director of the New Mexico
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0001| department of agriculture or their designees; [and four]
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0002| two members to be appointed by the director [of the
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department] who are residents of this state [and three of
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whom shall be] licensed under the provisions of the Pesticide
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0005| Control Act, one of whom shall have knowledge about and
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0006| practice integrated pest management; and three public members
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0007| who are residents of this state but who receive no direct or
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0008| indirect financial benefit from the pesticide industry and who
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0009| shall be appointed by the governor. The appointed members
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0010| shall be named to four-year terms staggered so that no more
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0011| than two terms expire in any year. In the initial appointment,
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0012| one of the members appointed by the director and one member
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0013| appointed by the governor shall be named to four-year terms.
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0014| The director or his designee shall be the chairman of the
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0015| pesticide advisory board.
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0016| B. The pesticide advisory board is created to
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0017| [assure the continuation of the basic policy of the state to]
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0018| advise on pesticide regulations and issues in order to better
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0019| protect and improve the environment [by assuring the proper
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registration, distribution and use of pesticides and devices]
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0021| and public health.
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0022| [B.] C. The pesticide advisory board shall
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0023| meet at least [once] twice each year at the call of the
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0024| chairman to review pesticide regulations, [and pesticides in
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use or proposed to be used in the state, and advise which
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pesticides should not be registered in the state, which should
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be designated restricted use pesticides, and the use to which
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restricted use pesticides may be put. In determining the use
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to which restricted-use pesticides may be put] address
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0005| citizen concerns about pesticides through public meetings and
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0006| other means and publish information on pesticide issues as
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0007| appropriate. Additional meetings may be called by the chairman
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0008| or upon petition of five or more members of the pesticide
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0009| advisory board. In evaluating a pesticide's use, the
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0010| pesticide advisory board shall consider the need for control of
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0011| the target pest, whether the use of effective alternate
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0012| materials or methods is [practicable] practical and
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0013| whether the use of pesticides or alternate materials or
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0014| methods is hazardous to the environment or public health and
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0015| welfare, or both.
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0016| [C.] D. The findings of the pesticide advisory
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0017| board shall be submitted annually to the board for use in
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0018| promulgating regulations pursuant to the Pesticide Control Act
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0019| and to advise the department on other pesticide issues.
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0020| [D.] E. Nongovernmental members of the
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0021| pesticide advisory board shall receive per diem and mileage as
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0022| provided in the Per Diem and Mileage Act for attending official
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0023| meetings of the pesticide advisory board."
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0024|
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0025| State of New Mexico
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0001| House of Representatives
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0002|
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0003| FORTY-THIRD LEGISLATURE
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0004| FIRST SESSION, 1997
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0005|
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0006|
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0007| February 25, 1997
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0008|
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0009|
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0010| Mr. Speaker:
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0011|
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0012| Your AGRICULTURE AND WATER RESOURCES COMMITTEE,
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0013| to whom has been referred
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0014|
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0015| HOUSE BILL 392
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO PASS, amended as follows:
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0019|
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0020| 1. On page 2, line 1, strike "two" and insert in lieu
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0021| thereof "three".
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0022|
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0023| 2. On page 2, lines 4 and 5, strike "have knowledge about
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0024| and practice integrated pest management" and insert in lieu
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0025| thereof "be a private applicator and two of whom shall be
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0001| commercial applicators".
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0002|
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0003| 3. On page 2, line 8, between "governor" and the period
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0004| insert "from a list of candidates provided by the governmental
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0005| representatives on the board".,
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0006|
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0007| and thence referred to the BUSINESS AND INDUSTRY
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0008| COMMITTEE.
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0009|
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0010| Respectfully submitted,
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0011|
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0012|
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0013|
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0014|
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0015|
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0016| G. X. McSherry, Chairman
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0017|
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0018|
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0019| Adopted Not Adopted
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0020|
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023| Date
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0024|
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0025| The roll call vote was 8 For 0 Against
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0001| Yes: 8
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0002| Excused: Porter
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0003| Absent: None
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0004|
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0005|
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0006| .117119.3
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0007| G:\BILLTEXT\BILLW_97\H0392 State of New Mexico
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0008| House of Representatives
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0009|
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0010| FORTY-THIRD LEGISLATURE
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0011| FIRST SESSION, 1997
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0012|
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0013|
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0014| March 11, 1997
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0015|
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0016|
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0017| Mr. Speaker:
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0018|
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0019| Your BUSINESS AND INDUSTRY COMMITTEE, to whom
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0020| has been referred
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0021|
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0022| HOUSE BILL 392, as amended
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0023|
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0024| has had it under consideration and reports same with
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0025| recommendation that it DO PASS.
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0001|
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0002| Respectfully submitted,
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0003|
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0004|
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0005|
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0006|
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0007|
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0008| Fred Luna, Chairman
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0009|
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0010|
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0011| Adopted Not Adopted
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0012|
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0013| (Chief Clerk) (Chief Clerk)
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0014|
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0015| Date
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0016|
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0017| The roll call vote was 11 For 0 Against
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0018| Yes: 11
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0019| Excused: Corley, Getty
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0020| Absent: None
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0021|
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0022|
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0023| G:\BILLTEXT\BILLW_97\H0392
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