0001|                            HOUSE BILL 189
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                         HENRY KIKI SAAVEDRA
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO HAZARDOUS HOUSEHOLD WASTE PRODUCTS; ENACTING THE
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0012|     HAZARDOUS HOUSEHOLD WASTE PRODUCT ACT; ESTABLISHING A FEE;
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0013|     CREATING A FUND; MAKING AN APPROPRIATION.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  SHORT TITLE.--This act may be cited as the
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0017|     "Hazardous Household Waste Product Act".
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0018|          Section 2.  DEFINITION.--As used in the Hazardous
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0019|     Household Waste Product Act, "hazardous household waste
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0020|     product" means a household product that poses a threat to
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0021|     human health or safety if swallowed, ingested or inhaled or if
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0022|     poured onto the ground.  "Hazardous household waste product"
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0023|     includes paint, spray paint, cleaning products, windshield
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0024|     wiper fluid, automobile shop liquids, pesticides, solvents,
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0025|     mineral spirits, glue and aerosol products.
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0001|          Section 3.  HAZARDOUS HOUSEHOLD WASTE PRODUCT FEE--
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0002|     ADMINISTRATION.--
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0003|               A.  There is imposed on every person who is engaged
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0004|     in the business of making retail sales of hazardous household
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0005|     waste products a hazardous household waste product fee in an
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0006|     amount equal to fifty cents ($.50) per each hazardous
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0007|     household waste product sold.  
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0008|               B.  The taxation and revenue department shall
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0009|     provide by regulation for the manner and form of collection of
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0010|     the hazardous household waste product fee.  All hazardous
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0011|     household waste product fees collected by the taxation and
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0012|     revenue department shall be deposited in the hazardous
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0013|     household waste product fund.
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0014|               C.  The hazardous household waste product fee shall
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0015|     be administered in accordance with the provisions of the Tax
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0016|     Administration Act and shall be paid to the taxation and
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0017|     revenue department by each person engaged in the business of
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0018|     making retail sales of hazardous household waste products.  
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0019|          Section 4.  HAZARDOUS HOUSEHOLD WASTE PRODUCT FUND--USE
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0020|     OF MONEY IN THE FUND.--
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0021|               A.  The "hazardous household waste product fund" is
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0022|     created in the state treasury and shall be administered by the
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0023|     department of environment.  The fund shall consist of
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0024|     hazardous household waste product fees collected pursuant to
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0025|     the provisions of the Hazardous Household Waste Product Act.  
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0001|               B.  Money in the fund is appropriated to the
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0002|     department of environment to conduct a hazardous household
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0003|     waste product program to:
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0004|                    (1)  analyze problems related to the disposal
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0005|     of hazardous household waste products;
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0006|                    (2)  study the potential benefits of requiring
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0007|     certain hazardous household waste products to be marked with
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0008|     warning labels; and
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0009|                    (3)  produce and distribute to the public
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0010|     pamphlets regarding the safe handling of hazardous household
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0011|     waste products.
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0012|               C.  The department of environment shall make an
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0013|     annual report of its findings regarding hazardous household
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0014|     waste products to the legislature.
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0015|          Section 5.  DELAYED REPEAL.--The provisions of the
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0016|     Hazardous Household Waste Product Act are repealed effective
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0017|     July 1, 2002.
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0018|          Section 6.  EFFECTIVE DATE.--The effective date of the
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0019|     provisions of this act is July 1, 1998.
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0020|                              
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