0001| HOUSE BILL 637
|
0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
|
0003| 1996
|
0004| INTRODUCED BY
|
0005| HENRY KIKI SAAVEDRA
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| AN ACT
|
0012| RELATING TO LITTER CONTROL AND BEAUTIFICATION; AMENDING SECTIONS
|
0013| OF THE LITTER CONTROL AND BEAUTIFICATION ACT; MAKING AN
|
0014| APPROPRIATION.
|
0015|
|
0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0017| Section 1. Section 67-16-3 NMSA 1978 (being Laws 1985,
|
0018| Chapter 23, Section 3, as amended) is amended to read:
|
0019| "67-16-3. DEFINITIONS.--As used in the Litter Control and
|
0020| Beautification Act:
|
0021| A. "keep America beautiful system" means a
|
0022| comprehensive program to improve waste handling practices and
|
0023| the control of litter;
|
0024| B. "keep New Mexico beautiful, incorporated" is a
|
0025| statewide organization which is the official clearinghouse for
|
0001| beautification projects in the state;
|
0002| C. "council" means the litter control council;
|
0003| D. "department" means the state highway and
|
0004| transportation department;
|
0005| E. "litter" means weeds, graffiti and all waste
|
0006| material, including but not limited to disposable packages or
|
0007| containers, but not including the waste of the primary processes
|
0008| of mining, logging, sawmilling or farming;
|
0009| F. "person" means any individual, corporation,
|
0010| partnership, association, firm, receiver, guardian, trustee,
|
0011| executor, administrator, fiduciary or representative or group of
|
0012| individuals or entities of any kind;
|
0013| G. "public place" means any area that is used or
|
0014| held out for use by the public, whether owned or operated by
|
0015| public or private interests; [and]
|
0016| H. "recycling" means the collection, separation or
|
0017| processing and return to the economic mainstream of raw
|
0018| materials or products that would otherwise become solid waste;
|
0019| and
|
0020| I. "program" means the New Mexico clean and
|
0021| beautiful program that administers the funds created in the
|
0022| Litter Control and Beautification Act."
|
0023| Section 2. Section 67-16-4 NMSA 1978 (being Laws 1985,
|
0024| Chapter 23, Section 4, as amended) is amended to read:
|
0025| "67-16-4. LITTER CONTROL COUNCIL.--There is created the
|
0001| "litter control council". The governor shall appoint the
|
0002| members of the council. The governor shall appoint one member
|
0003| of the council representing the public at large and one member
|
0004| [representing] representative from each of the following,
|
0005| except where otherwise provided:
|
0006| A. keep New Mexico beautiful, incorporated, two
|
0007| members;
|
0008| B. mayors of keep America beautiful system cities;
|
0009| C. city managers;
|
0010| D. the New Mexico broadcasters' association or
|
0011| newspapers;
|
0012| [E. newspapers;
|
F. the league of women voters;
|
G.] E. the New Mexico soft drink association;
|
0015| [H.] F. the New Mexico hotel and motel,
|
0016| [association] home builders or retail associations;
|
0017| [I.] G. the New Mexico grocers association;
|
0018| [J.] H. the New Mexico liquor wholesalers
|
0019| [association] or retail liquor associations;
|
0020| [K. the New Mexico retail liquor dealers
|
association;
|
L.] I. garden clubs or agricultural
|
0023| organizations;
|
0024| [M.] J. the New Mexico municipal league;
|
0025| [N.] K. the New Mexico association of counties
|
0001| or the association of commerce and industry of New Mexico;
|
0002| [O. the New Mexico retail association;
|
P.] L. the New Mexico public interest research
|
0004| group or environmental organizations, three members;
|
0005| [Q. environmental organizations, three members;
|
R. agricultural organizations;
|
S. the association of commerce and industry of New
|
Mexico;
|
T. the New Mexico home builders association;
|
U.] M. the New Mexico automotive dealers
|
0011| [association] or motor carriers' associations;
|
0012| [V.] N. local keep America beautiful system
|
0013| programs;
|
0014| [W. the New Mexico motor carriers' association;
|
X.] O. the New Mexico restaurant association,
|
0016| incorporated; and
|
0017| [Y.] P. recycle New Mexico, incorporated.
|
0018| In addition, the secretaries of energy, minerals and natural
|
0019| resources, tourism, highway and transportation and environment
|
0020| and the chief of the New Mexico state police division of the
|
0021| department of public safety [department and the director of
|
the environmental improvement division of the health and
|
environment department], or their designees, shall serve. The
|
0024| appointed members shall serve terms of two years, provided that
|
0025| one-half of the original appointees shall serve one-year terms.
|
0001| The council shall include representatives from the public and
|
0002| private sectors who have a direct interest in implementing the
|
0003| purposes of the Litter Control and Beautification Act. The
|
0004| council shall meet at least quarterly to conduct its business.
|
0005| The council shall select from its members a seven-person
|
0006| executive committee. Notwithstanding the provisions of the Per
|
0007| Diem and Mileage Act, the public members of the council and the
|
0008| executive committee shall not receive any compensation or
|
0009| reimbursement in connection with their duties."
|
0010| Section 3. Section 67-16-7 NMSA 1978 (being Laws 1989,
|
0011| Chapter 10, Section 4) is amended to read:
|
0012| "67-16-7. MEASUREMENT AND EVALUATION.--The department
|
0013| shall document and report on an annual basis the effectiveness
|
0014| and impact of [council-sponsored] program-administered
|
0015| litter control and beautification [programs] activities
|
0016| through the following:
|
0017| A. evaluate and report on all governmental entities,
|
0018| [and keep New Mexico beautiful, incorporated] projects and
|
0019| activities funded by the [council] program. The photometric
|
0020| index technique shall be a part of this report in communities
|
0021| where appropriate and available;
|
0022| B. evaluate and report on the placement and
|
0023| management of litter receptacles placed on state property as
|
0024| funded by the Litter Control and Beautification Act; and
|
0025| C. investigate and report on the feasibility,
|
0001| appropriateness and cost of a statewide photometric index or
|
0002| other technique for the evaluation of highway litter."
|
0003| Section 4. Section 67-16-12 NMSA 1978 (being Laws 1985,
|
0004| Chapter 23, Section 12, as amended) is amended to read:
|
0005| "67-16-12. FURTHER DUTIES OF DEPARTMENT.--
|
0006| A. The department shall:
|
0007| (1) serve as the coordinating agency between
|
0008| various industry and business organizations seeking to aid in
|
0009| the anti-litter effort;
|
0010| (2) cooperate with all local governments to
|
0011| accomplish coordination of local anti-litter efforts;
|
0012| (3) encourage voluntary local anti-litter
|
0013| campaigns seeking to focus the attention of the public on
|
0014| programs to control and remove litter;
|
0015| (4) encourage voluntary recycling programs and
|
0016| aid in identifying programs and available markets for recycled
|
0017| materials;
|
0018| (5) apply for funds available from any other
|
0019| source for use in the administration of the Litter Control and
|
0020| Beautification Act;
|
0021| (6) adopt rules and regulations to enter into
|
0022| contracts for making either direct or matching grants with other
|
0023| state agencies, cities or counties or with an Indian nation,
|
0024| tribe or pueblo government for the purpose of promoting local
|
0025| keep America beautiful system programs; and
|
0001| (7) aid in the adoption and enforcement of
|
0002| model anti-litter statutes and ordinances and improve state and
|
0003| local litter control programs.
|
0004| B. The department shall also allocate funds
|
0005| generated by the Litter Control and Beautification Act according
|
0006| to the following formula:
|
0007| (1) no more than fifteen percent of the fees
|
0008| received in a year for operating expenses directly related to
|
0009| the administration of the [council] program, including:
|
0010| (a) research, development and
|
0011| implementation of a statewide evaluation system;
|
0012| (b) professional services provided to the
|
0013| state by representatives of keep America beautiful,
|
0014| incorporated; and
|
0015| (c) the promotion of and encouragement of
|
0016| private recycling efforts for all recyclable items;
|
0017| (2) no more than twenty percent of the fees
|
0018| received in a year to purchase litter bags and receptacles and
|
0019| to conduct a public awareness and media campaign to include
|
0020| brochures, literature and educational materials, production of
|
0021| public service announcements and other expenses relating to
|
0022| public relations;
|
0023| (3) no more than fifty percent of the fees
|
0024| received in a year to local governments to establish and help
|
0025| continue local keep America beautiful system programs;
|
0001| provided, however, that sixty percent of this allocation shall
|
0002| be spent on litter-waste control projects;
|
0003| (4) no more than sixty percent of the fees
|
0004| received in a year to local governments to establish a
|
0005| [summer] youth employment program to aid in litter control and
|
0006| beautification projects; provided, however, that sixty percent
|
0007| of this allocation shall be spent on litter-waste control
|
0008| projects; and
|
0009| [(5) no more than ten percent of fees received
|
in a year to keep New Mexico beautiful, incorporated to further
|
beautification and educational programs]
|
0012| (5) no more than ten percent of fees received
|
0013| in a year to the department for the adopt-a-highway program.
|
0014| For purposes of this section "adopt-a-highway program" means a
|
0015| liter-control program that coordinates litter cleanup along
|
0016| highways."
|
0017|
|
0018| State of New Mexico
|
0019| House of Representatives
|
0020|
|
0021| FORTY-SECOND LEGISLATURE
|
0022| SECOND SESSION, 1996
|
0023|
|
0024|
|
0025| February 8, 1996
|
0001|
|
0002|
|
0003| Mr. Speaker:
|
0004|
|
0005| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
|
0006| whom has been referred
|
0007|
|
0008| HOUSE BILL 637
|
0009|
|
0010| has had it under consideration and reports same with
|
0011| recommendation that it DO PASS, and thence referred to the
|
0012| APPROPRIATIONS AND FINANCE COMMITTEE.
|
0013|
|
0014| Respectfully submitted,
|
0015|
|
0016|
|
0017|
|
0018|
|
0019| Gary K. King, Chairman
|
0020|
|
0021|
|
0022| Adopted Not Adopted
|
0023|
|
0024| (Chief Clerk) (Chief Clerk)
|
0025|
|
0001| Date
|
0002|
|
0003| The roll call vote was 6 For 1 Against
|
0004| Yes: 6
|
0005| No: King
|
0006| Excused: Abeyta, Baca, Sandel, Vigil
|
0007| Absent: None
|
0008|
|
0009|
|
0010|
|
0011|
|
0012| H0637CP1 State of New Mexico
|
0013| House of Representatives
|
0014|
|
0015| FORTY-SECOND LEGISLATURE
|
0016| SECOND SESSION, 1996
|
0017|
|
0018|
|
0019| February 11, 1996
|
0020|
|
0021|
|
0022| Mr. Speaker:
|
0023|
|
0024| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
|
0025| whom has been referred
|
0001|
|
0002| HOUSE BILL 637
|
0003|
|
0004| has had it under consideration and reports same with
|
0005| recommendation that it DO PASS, amended as follows:
|
0006|
|
0007| 1. On page 3, lines 9 through 25, and on page 4, lines 1
|
0008| through 15, strike the brackets, line-through and underscored
|
0009| language.
|
0010|
|
0011| Respectfully submitted,
|
0012|
|
0013|
|
0014|
|
0015|
|
0016|
|
0017| Max Coll, Chairman
|
0018|
|
0019|
|
0020| Adopted Not Adopted
|
0021|
|
0022| (Chief Clerk) (Chief Clerk)
|
0023|
|
0024| Date
|
0025|
|
0001| The roll call vote was 16 For 0 Against
|
0002| Yes: 16
|
0003| Excused: Gentry, Martinez
|
0004| Absent: None
|
0005|
|
0006|
|
0007|
|
0008| H0637AF1
|