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