0001| SENATE BILL 216 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| CARLOS R. CISNEROS | 0005| | 0006| | 0007| | 0008| FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC HEALTH; CHANGING THE MEMBERSHIP AND DUTIES | 0012| OF THE PESTICIDE ADVISORY BOARD. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 76-4-36 NMSA 1978 (being Laws 1973, | 0016| Chapter 366, Section 36, as amended) is amended to read: | 0017| "76-4-36. PESTICIDE ADVISORY BOARD--CREATED--MEMBERS-- | 0018| PURPOSE [DETERMINATION OF ESSENTIAL USES] DUTIES.-- | 0019| A. There is created the "pesticide advisory board" | 0020| consisting of the dean of the college of agriculture at New | 0021| Mexico state university, the [director of the environmental | 0022| improvement division of the health and] secretary of | 0023| environment [department], the secretary of [natural | 0024| resources, the secretary of the department of finance and | 0025| administration] health and the director of the New Mexico | 0001| department of agriculture or their designees; [and four] | 0002| two members to be appointed by the director [of the | 0003| department] who are residents of this state [and three of | 0004| whom shall be] licensed under the provisions of the Pesticide | 0005| Control Act, one of whom shall have knowledge about and | 0006| practice integrated pest management; and three public members | 0007| who are residents of this state but who receive no direct or | 0008| indirect financial benefit from the pesticide industry and who | 0009| shall be appointed by the governor. The appointed members | 0010| shall be named to four-year terms staggered so that no more | 0011| than two terms expire in any year. In the initial appointment, | 0012| one of the members appointed by the director and one member | 0013| appointed by the governor shall be named to four-year terms. | 0014| The director or his designee shall be the chairman of the | 0015| pesticide advisory board. | 0016| B. The pesticide advisory board is created to | 0017| [assure the continuation of the basic policy of the state to] | 0018| advise on pesticide regulations and issues in order to better | 0019| protect and improve the environment [by assuring the proper | 0020| registration, distribution and use of pesticides and devices] | 0021| and public health. | 0022| [B.] C. The pesticide advisory board shall | 0023| meet at least [once] twice each year at the call of the | 0024| chairman to review pesticide regulations, [and pesticides in | 0025| use or proposed to be used in the state, and advise which | 0001| pesticides should not be registered in the state, which should | 0002| be designated restricted use pesticides, and the use to which | 0003| restricted use pesticides may be put. In determining the use | 0004| to which restricted-use pesticides may be put] address | 0005| citizen concerns about pesticides through public meetings and | 0006| other means and publish information on pesticide issues as | 0007| appropriate. Additional meetings may be called by the chairman | 0008| or upon petition of five or more members of the pesticide | 0009| advisory board. In evaluating a pesticide's use, the | 0010| pesticide advisory board shall consider the need for control of | 0011| the target pest, whether the use of effective alternate | 0012| materials or methods is [practicable] practical and | 0013| whether the use of pesticides or alternate materials or | 0014| methods is hazardous to the environment or public health and | 0015| welfare, or both. | 0016| [C.] D. The findings of the pesticide advisory | 0017| board shall be submitted annually to the board for use in | 0018| promulgating regulations pursuant to the Pesticide Control Act | 0019| and to advise the department on other pesticide issues. | 0020| [D.] E. Nongovernmental members of the | 0021| pesticide advisory board shall receive per diem and mileage as | 0022| provided in the Per Diem and Mileage Act for attending official | 0023| meetings of the pesticide advisory board." | 0024|  |