0001| HOUSE BILL 497 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| G. X. MCSHERRY | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO AGRICULTURE; CREATING THE NEW MEXICO SHEEP AND GOAT | 0012| COUNCIL; ESTABLISHING MEMBERSHIP, POWERS AND DUTIES; | 0013| AUTHORIZING AN ASSESSMENT; MAKING AN APPROPRIATION. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. SHORT TITLE.--This act may be cited as the | 0017| "New Mexico Sheep and Goat Act". | 0018| Section 2.--DEFINITIONS.--As used in the New Mexico Sheep | 0019| and Goat Act: | 0020| A. "board" means the New Mexico livestock board; | 0021| B. "council" means the New Mexico sheep and goat | 0022| council; | 0023| C. "department" means the New Mexico department of | 0024| agriculture; | 0025| D. "director" means the director of the New Mexico | 0001| department of agriculture; | 0002| E. "handler" means any producer, processor, | 0003| distributor or other person engaged in handling, marketing or | 0004| dealing in sheep or haired goats; and | 0005| F. "producer" means any person engaged in the | 0006| business of raising, breeding, feeding or growing sheep or | 0007| haired goats. | 0008| Section 2. SHEEP AND GOAT COUNCIL CREATED--ELECTION-- | 0009| VACANCIES--EX-OFFICIO MEMBERS.-- | 0010| A. There is created the "New Mexico sheep and goat | 0011| council", consisting of seven members. Members shall be | 0012| elected by producers from nominations made to the director by | 0013| producers or producer organizations. | 0014| B. The initial members of the council shall be | 0015| elected as follows: | 0016| (1) two members for one-year terms; | 0017| (2) two members for two-year terms; and | 0018| (3) three members for three-year terms. | 0019| C. Thereafter, each member shall be elected for a | 0020| term ending three years from the date of expiration of the term | 0021| for which his predecessor was elected, except in case of a | 0022| vacancy, when the appointee shall serve the unexpired part of | 0023| the term of the member whom he replaces. Vacancies shall be | 0024| filled by appointment by the director from nominations made by | 0025| producers and producer organizations. The director shall serve | 0001| as an ex-officio, nonvoting member of the council. | 0002| Section 4. COUNCIL MEMBER QUALIFICATIONS.-- | 0003| A. Each member of the council shall have the | 0004| following qualifications, which shall continue during his term | 0005| of office: | 0006| (1) be actively engaged in sheep or goat | 0007| production; or | 0008| (2) be in some branch of the sheep or haired | 0009| goat business and during his entire term receive a substantial | 0010| portion of his income from the sheep or haired goat business. | 0011| B. Members of the council shall be elected | 0012| according to the following plan: two producers from northern | 0013| New Mexico in areas north of interstate 40, four producers from | 0014| southern New Mexico in areas south of interstate 40 and one | 0015| handler of sheep or haired goats or their products. | 0016| Section 5. OFFICERS--MEETINGS--EXPENSES.--The council | 0017| shall elect annually a chairman, vice chairman and such other | 0018| officers as it deems necessary from among its members. The | 0019| council shall meet at least once each six months and at such | 0020| other times as it may be called by the chairman. The council | 0021| may provide rules for reimbursement of members' expenses while | 0022| on official business of the council, but such reimbursement | 0023| shall in no case exceed the provisions of the Per Diem and | 0024| Mileage Act. Council members shall receive no other | 0025| compensation, perquisite or allowance. | 0001| Section 6. DUTIES--POWERS.-- | 0002| A. The council shall: | 0003| (1) conduct marketing programs, including | 0004| promotion, education and research, promoting sheep and haired | 0005| goat products; | 0006| (2) submit to the director a detailed annual | 0007| budget for the council on a fiscal-year basis and provide a | 0008| copy of the budget upon request to any person who has paid an | 0009| assessment or made a contribution under the New Mexico Sheep | 0010| and Goat Act; | 0011| (3) bond officers and employees of the council | 0012| who receive and disburse council funds; | 0013| (4) keep detailed and accurate records for all | 0014| receipts and disbursements, have those records audited annually | 0015| and keep the audit available for inspection in the council | 0016| office; | 0017| (5) establish procedures for the adoption of | 0018| regulations that will provide for input from producers; | 0019| (6) determine and publish each year the | 0020| assessment rates to be collected by the board; and | 0021| (7) employ staff not to exceed three persons. | 0022| B. The council may: | 0023| (1) contract for scientific research to | 0024| discover and improve the commercial value of sheep and haired | 0025| goats and products thereof; | 0001| (2) disseminate information showing the value | 0002| of sheep and haired goats and products for any purpose for | 0003| which they may be found useful and profitable; | 0004| (3) fund programs to enhance the efficiencies | 0005| of sheep and haired goat production; | 0006| (4) make grants to research agencies for | 0007| financing studies or for the purchase or acquisition of | 0008| facilities necessary to carry out the purposes of the council | 0009| as authorized by the New Mexico Sheep and Goat Act; | 0010| (5) cooperate with any local, state or | 0011| national organizations or agencies, whether created by law or | 0012| voluntary, engaged in work activities similar to that of the | 0013| council, and enter into contracts with those organizations or | 0014| agencies and expend funds in connection therewith for carrying | 0015| on joint programs; | 0016| (6) study federal and state legislation with | 0017| respect to tariffs, duties, reciprocal trade agreements, import | 0018| quotas and other matters concerning the effect on the sheep and | 0019| haired goat industry and represent and protect the interests of | 0020| the industry with respect to any legislation or proposed | 0021| legislation or executive action that may affect that industry; | 0022| (7) enter into contracts that it deems | 0023| appropriate to the carrying out of the purposes of the council | 0024| as authorized by the New Mexico Sheep and Goat Act; | 0025| (8) sue and be sued as a council without | 0001| individual liability for acts of the council within the scope | 0002| of the powers conferred upon it by the New Mexico Sheep and | 0003| Goat Act; | 0004| (9) appoint subordinate officers and employees | 0005| of the council and prescribe their duties and fix their | 0006| compensation; | 0007| (10) adopt regulations for the exercise of its | 0008| powers and duties. A copy of all council regulations shall be | 0009| filed with the department; and | 0010| (11) cooperate with other state councils or | 0011| agencies in the collection of assessments. | 0012| Section 7. FUNDING.--In order to accomplish the purposes | 0013| of the New Mexico Sheep and Goat Act, the council is empowered | 0014| to: | 0015| A. receive any funds that may be returned to the | 0016| New Mexico sheep and haired goat industry as its share of | 0017| assessments collected by a national sheep promotion research | 0018| and information board or any similar entity; | 0019| B. accept grants, donations, contributions or gifts | 0020| from any source for expenditure for any purpose consistent with | 0021| the powers and duties conferred on the council; and | 0022| C. receive any other funds that may be authorized | 0023| by law. | 0024| Section 8. ASSESSMENTS.--There is levied and imposed upon | 0025| all sheep and haired goats involved in a transfer of ownership | 0001| in the state an assessment to be called the "council | 0002| assessment". The council assessment is to be fixed by the | 0003| council at a rate not more than one dollar ($1.00) per head. | 0004| The board shall collect this council assessment at the same | 0005| time and in the same manner as the fee charged for the state | 0006| inspection required upon the movement of those sheep and haired | 0007| goats. The board shall not deliver the certificate of | 0008| inspection or permit the sheep or haired goats to move until | 0009| all fees have been paid. The proceeds of the council | 0010| assessment shall be remitted by the board to the council at the | 0011| end of each month along with information that will allow the | 0012| council to make necessary refunds. At the request of the | 0013| board, the council shall reimburse the board for the | 0014| responsible and necessary expenses incurred for such | 0015| collections and information not to exceed three percent of | 0016| collections on those sheep and haired goats involved in a | 0017| transfer of ownership. | 0018| Section 9. REFUNDS.--Any person who has paid a council | 0019| assessment is entitled to a refund of the amount paid by making | 0020| written application for the refund to the council. The | 0021| application form shall be returned within thirty days after the | 0022| inspection was made giving rise to the council assessment and | 0023| shall contain enough detail to enable the council to find the | 0024| record of payment. Refunds shall be made within thirty days of | 0025| the date of the application unless the proceeds and the | 0001| necessary information have not been received by the council, in | 0002| which case the refund shall be made within fifteen days after | 0003| receipt of the proceeds and necessary information. The form | 0004| shall be provided by the board at the time of inspection. | 0005| Section 10. DISPOSITION OF FUNDS.-- | 0006| A. All funds received by the council shall be | 0007| received and disbursed directly by the council. Such funds | 0008| shall be audited in accordance with the provisions of the Audit | 0009| Act. The council is not required to submit vouchers, purchase | 0010| orders or contracts to the department of finance and | 0011| administration as otherwise required by Section 6-5-3 NMSA | 0012| 1978. | 0013| B. The council shall issue warrants against funds | 0014| of the council in payment of its lawful obligations. The | 0015| council shall provide its own warrants, purchase orders and | 0016| contract forms as well as other supplies and equipment. All | 0017| warrants shall be signed by a council member and one other | 0018| person designated by the council. | 0019| C. The council shall designate banks where its | 0020| funds are to be deposited, provided such banks have been | 0021| qualified as depository banks for state funds. | 0022| Section 11. PROCUREMENT CODE--PERSONNEL ACT--EXEMPTIONS-- | 0023| TORT CLAIMS ACT.--The council is exempt from the provisions of | 0024| the Procurement Code and the Personnel Act. The council | 0025| members and employees shall be subject to the Tort Claims Act | 0001| and shall be provided all insurance and self-insurance coverage | 0002| provided by the risk management division of the general | 0003| services department. | 0004|  | 0005| State of New Mexico | 0006| House of Representatives | 0007| | 0008| FORTY-THIRD LEGISLATURE | 0009| FIRST SESSION, 1997 | 0010| | 0011| | 0012| February 27, 1997 | 0013| | 0014| | 0015| Mr. Speaker: | 0016| | 0017| Your AGRICULTURE AND WATER RESOURCES COMMITTEE, | 0018| to whom has been referred | 0019| | 0020| HOUSE BILL 497 | 0021| | 0022| has had it under consideration and reports same with | 0023| recommendation that it DO PASS, amended as follows: | 0024| | 0025| 1. On page 2, line 4, after "goats" insert "or their | 0001| products". | 0002| | 0003| 2. On page 2, line 8, strike "2" and insert in lieu thereof | 0004| "3". | 0005| | 0006| 3. On page 5, line 12, after "work" insert "or". | 0007| | 0008| 4. On page 7, line 13, strike "responsible" and insert in | 0009| lieu thereof "reasonable". | 0010| | 0011| 5. On page 7, line 15, strike "three" and insert in lieu | 0012| thereof "four"., | 0013| | 0014| and thence referred to the APPROPRIATIONS AND FINANCE | 0015| COMMITTEE. | 0016| | 0017| Respectfully submitted, | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| G. X. McSherry, Chairman | 0024| | 0025| | 0001| Adopted Not Adopted | 0002| | 0003| (Chief Clerk) (Chief Clerk) | 0004| | 0005| Date | 0006| | 0007| The roll call vote was 8 For 0 Against | 0008| Yes: 8 | 0009| Excused: Wright | 0010| Absent: None | 0011| | 0012| | 0013| .117794.1 | 0014| G:\BILLTEXT\BILLW_97\H0497 State of New Mexico | 0015| House of Representatives | 0016| | 0017| FORTY-THIRD LEGISLATURE | 0018| FIRST SESSION, 1997 | 0019| | 0020| | 0021| February 27, 1997 | 0022| | 0023| | 0024| Mr. Speaker: | 0025| | 0001| Your AGRICULTURE AND WATER RESOURCES COMMITTEE, | 0002| to whom has been referred | 0003| | 0004| HOUSE BILL 497 | 0005| | 0006| has had it under consideration and reports same with | 0007| recommendation that it DO PASS, amended as follows: | 0008| | 0009| 1. On page 2, line 4, after "goats" insert "or their | 0010| products". | 0011| | 0012| 2. On page 2, line 8, strike "2" and insert in lieu thereof | 0013| "3". | 0014| | 0015| 3. On page 5, line 12, after "work" insert "or". | 0016| | 0017| 4. On page 7, line 13, strike "responsible" and insert in | 0018| lieu thereof "reasonable". | 0019| | 0020| 5. On page 7, line 15, strike "three" and insert in lieu | 0021| thereof "four"., | 0022| | 0023| and thence referred to the APPROPRIATIONS AND FINANCE | 0024| COMMITTEE. | 0025| | 0001| Respectfully submitted, | 0002| | 0003| | 0004| | 0005| | 0006| | 0007| G. X. McSherry, Chairman | 0008| | 0009| | 0010| Adopted Not Adopted | 0011| | 0012| (Chief Clerk) (Chief Clerk) | 0013| | 0014| Date | 0015| | 0016| The roll call vote was 8 For 0 Against | 0017| Yes: 8 | 0018| Excused: Wright | 0019| Absent: None | 0020| | 0021| | 0022| .117794.1 | 0023| G:\BILLTEXT\BILLW_97\H0497 FORTY-THIRD LEGISLATURE | 0024| FIRST SESSION | 0025| | 0001| | 0002| March 11, 1997 | 0003| | 0004| | 0005| HOUSE FLOOR AMENDMENT number ___1___ to HOUSE BILL 497, as amended | 0006| | 0007| Amendment sponsored by Representative G. X. McSherry | 0008| | 0009| | 0010| 1. On page 7, line 3, strike "one dollar ($1.00)" and insert in | 0011| lieu thereof "seventy-five cents ($.75)". | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| | 0024| ___________________________ | 0025| G. X. McSherry | 0001| | 0002| | 0003| | 0004| Adopted ___________________ Not Adopted ___________________________ | 0005| (Chief Clerk) (Chief Clerk) | 0006| | 0007| | 0008| Date ________________ | 0009| | 0010| FORTY-THIRD LEGISLATURE | 0011| FIRST SESSION, 1997 | 0012| | 0013| | 0014| March 15, 1997 | 0015| | 0016| Mr. President: | 0017| | 0018| Your CONSERVATION COMMITTEE, to whom has been referred | 0019| | 0020| HOUSE BILL 497, as amended | 0021| | 0022| has had it under consideration and reports same with recommendation | 0023| that it DO PASS. | 0024| | 0025| Respectfully submitted, | 0001| | 0002| | 0003| | 0004| __________________________________ | 0005| Michael S. Sanchez, Chairman | 0006| | 0007| | 0008| | 0009| Adopted_______________________ Not Adopted_______________________ | 0010| (Chief Clerk) (Chief Clerk) | 0011| | 0012| | 0013| | 0014| Date ________________________ | 0015| | 0016| | 0017| The roll call vote was 10 For 0 Against | 0018| Yes: 10 | 0019| No: None | 0020| Excused: None | 0021| Absent: None | 0022| | 0023| | 0024| H0497C01 | 0025| State of New Mexico | 0001| House of Representatives | 0002| | 0003| FORTY-THIRD LEGISLATURE | 0004| FIRST SESSION, 1997 | 0005| | 0006| | 0007| March 7, 1997 | 0008| | 0009| | 0010| Mr. Speaker: | 0011| | 0012| Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom | 0013| has been referred | 0014| | 0015| HOUSE BILL 497, as amended | 0016| | 0017| has had it under consideration and reports same with | 0018| recommendation that it DO PASS. | 0019| | 0020| Respectfully submitted, | 0021| | 0022| | 0023| | 0024| | 0025| Max Coll, Chairman | 0001| | 0002| | 0003| Adopted Not Adopted | 0004| (Chief Clerk) (Chief Clerk) | 0005| | 0006| Date | 0007| | 0008| The roll call vote was 15 For 0 Against | 0009| Yes: 15 | 0010| Excused: Garcia, M.H., Taylor, J.P. | 0011| Absent: None | 0012| | 0013| | 0014| G:\BILLTEXT\BILLW_97\H0497 |