SENATE BILL 232

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Pat Woods

AN ACT

RELATING TO LIVESTOCK; AMENDING SECTIONS OF THE NEW MEXICO BEEF COUNCIL ACT TO PROVIDE FOR ASSESSMENTS AND REFUNDS OF ASSESSMENTS ON OWNERSHIP TRANSFERS.

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

     SECTION 1. Section 77-2A-7.1 NMSA 1978 (being Laws 1983, Chapter 228, Section 3, as amended) is amended to read:

     "77-2A-7.1. ASSESSMENTS.--There is levied and imposed upon all cattle involved in a transfer of ownership in this state an assessment to be called the "council assessment". The council assessment is to be fixed by the council at a rate of not more than one dollar ($1.00) per head. The board shall collect this council assessment [or] and the federal domestic assessment imposed pursuant to the Beef Promotion and Research Act of 1985 at the same time and in the same manner as the fee charged for the state brand inspection required upon the movement of those cattle. The board shall not deliver the certificate of inspection or permit the cattle to move until all fees have been paid. The proceeds of the council assessment shall be remitted by the board to the council at the end of each month, along with information that will allow the council to make necessary refunds. At the request of the board, the council shall reimburse the board for the responsible and necessary expenses incurred for such collections and information at not more than four cents ($.04) per [head] dollar collected and not refunded on only those cattle involved in a transfer of ownership."

     SECTION 2. Section 77-2A-7.3 NMSA 1978 (being Laws 1983, Chapter 228, Section 5) is amended to read:

     "77-2A-7.3. REFUNDS.--Any person who has paid a council assessment is entitled to a refund of the amount paid by making written application therefor to the council [The application form shall be returned within thirty days after the inspection was made giving rise to the council assessment and shall contain enough detail to enable the council to find the record of payment. Refunds shall be made within thirty days of the date of the application unless the proceeds and the necessary information have not been received by the council, in which case the refund shall be made within fifteen days after receipt of the proceeds and necessary information] pursuant to rules. The form shall be provided by the [board at the time of inspection] council. Producers may elect not to participate in the council assessment by application process."

- 3 -