0001| HOUSE AGRICULTURE AND WATER RESOURCES COMMITTEE SUBSTITUTE FOR | 0002| HOUSE AGRICULTURE AND WATER RESOURCES COMMITTEE SUBSTITUTE FOR | 0003| HOUSE BILL 1342 | 0004| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| AN ACT | 0013| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; | 0014| PROVIDING FOR COST RECOVERY FOR AGRICULTURAL EMERGENCY PEST | 0015| CONTROL ACTIONS; AMENDING A SECTION OF THE NMSA 1978. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 76-6-6 NMSA 1978 (being Laws 1969, | 0019| Chapter 41, Section 6) is amended to read: | 0020| "76-6-6. ABATEMENT AND EMERGENCY MEASURES AUTHORIZED.-- | 0021| A. Whenever the board finds any article that is | 0022| infested or reasonably believed to be infested or a host or | 0023| pest exists on any [premise] premises or is in transit in this | 0024| state, [he] it may, upon giving notice to the owner or his | 0025| agent in possession thereof, seize, quarantine, treat or | 0001| otherwise dispose of [such] the pest, host or article in such | 0002| manner as the board deems necessary to suppress, control, | 0003| eradicate or [to] prevent or retard the spread of a pest, or | 0004| the board may order [such] the owner or agent to so treat or | 0005| otherwise dispose of the pest, host or article. | 0006| B. When the board finds that a continuing threat of | 0007| the spread of a pest exists, and after appropriate notice, an | 0008| owner or his agent does not take immediate measures to prevent | 0009| or retard the spread of the pest, the board may take reasonable | 0010| emergency action as necessary in accordance with the provisions | 0011| of the Pest Control Act and regulations of the board. The | 0012| board may assess an emergency action fee to recover the cost of | 0013| the emergency action, not to exceed one thousand dollars | 0014| ($1,000), against the owner of the property that was subject to | 0015| the boards's emergency action." | 0016|  |