0001| HOUSE BILL 341
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| WILLIAM E. PORTER
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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|
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0011| AN ACT
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0012| RELATING TO AGRICULTURE; PROVIDING FOR NOXIOUS WEED MANAGEMENT;
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0013| IMPOSING POWERS AND DUTIES; REPEALING SECTIONS OF THE NMSA 1978;
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0014| MAKING AN APPROPRIATION.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section l. SHORT TITLE.--This act may be cited as the
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0018| "Noxious Weed Management Act".
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0019| Section 2. FINDINGS AND PURPOSE.--
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0020| A. The legislature finds that noxious weeds have
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0021| caused extensive economic damage in New Mexico. Specifically,
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0022| the presence and spread of noxious weeds:
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0023| (l) decrease land values and productivity,
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0024| forces out nutritious forage for livestock and often causes the
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0025| death of livestock and crops;
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0001| (2) harm the environment by crowding out native
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0002| and endangered species, increasing fire danger and increasing
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0003| water usage; and
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0004| (3) increase government and industrial costs by
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0005| increasing highway cleanup costs, decreasing the lease value of
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0006| state and federal public lands and curtailing the hunting,
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0007| fishing and recreational use of the land.
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0008| B. Therefore, it is the purpose of the Noxious Weed
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0009| Management Act to improve the state economy and environment by
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0010| managing, controlling and eradicating noxious weeds in New
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0011| Mexico.
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0012| Section 3. DEFINITIONS.--As used in the Noxious Weed
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0013| Management Act:
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0014| A. "advisory committee" means the noxious weed
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0015| management advisory committee;
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0016| B. "director" means the director of the New Mexico
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0017| department of agriculture;
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0018| C. "landowner" means a person other than a
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0019| governmental entity who holds title to real property, is the
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0020| holder of a right-of-way easement or is a designated land
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0021| manager;
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0022| D. "noxious weed" means a plant species that is not
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0023| indigenous to New Mexico and that has been targeted pursuant to
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0024| the Noxious Weed Management Act for management or control
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0025| because of its negative impact on the economy;
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0001| E. "person" means an individual or any legal entity;
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0002| and
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0003| F. "public land" means land controlled or supervised
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0004| by an agency of government.
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0005| Section 4. DUTIES OF DIRECTOR--NOXIOUS WEED MANAGEMENT
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0006| ADVISORY COMMITTEE--NOXIOUS WEED MANAGEMENT PROGRAM.--
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0007| A. The director shall appoint a noxious weed
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0008| management advisory committee consisting of representatives of
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0009| state and federal government entities, landowners and the
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0010| public.
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0011| B. The director, after consultation with the
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0012| advisory committee, shall develop an integrated noxious weed
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0013| management program. To carry out such a program, the director,
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0014| after conferring with the advisory committee, shall:
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0015| (l) select the species of weeds to be targeted
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0016| as noxious weeds for control or eradication pursuant to the
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0017| Noxious Weed Management Act;
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0018| (2) determine the methods to be used to
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0019| control noxious weeds; and
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0020| (3) develop publications to educate the public
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0021| on the problem of noxious weeds, appropriate preventive or
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0022| control measures and any other matters germane to noxious weed
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0023| management and control.
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0024| C. The director may use and cooperate with any
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0025| existing noxious weed control program that is available and
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0001| appropriate for the purposes of the Noxious Weed Management Act.
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0002| D. The advisory committee members shall serve
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0003| without compensation.
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0004| Section 5. ADMINISTRATION OF PROGRAM.--The director shall
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0005| administer the provisions of the Noxious Weed Management Act
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0006| subject to the directives, policies and regulations of the board
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0007| of regents of New Mexico state university.
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0008| Section 6. LANDOWNERS--RIGHTS--AGREEMENTS.--
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0009| A. If the director or his designee becomes aware of
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0010| the presence of noxious weeds on nonpublic land, the director
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0011| shall notify the landowner of the noxious weeds and the methods
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0012| for controlling them. However, nothing in the Noxious Weed
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0013| Management Act shall be construed to permit the director or his
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0014| designee to enter nonpublic land except at the invitation of the
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0015| landowner.
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0016| B. Upon the request of a landowner, the director
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0017| shall develop a noxious weed control or eradication program
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0018| suited to the landowner's needs.
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0019| C. Whenever the director becomes aware of the
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0020| presence of noxious weeds on public land, he shall inform the
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0021| governmental entity of the species found on land under the
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0022| entity's jurisdiction. When possible and practicable, the
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0023| director shall consult with the governmental entity in
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0024| developing a management plan for the control or eradication of
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0025| the noxious weeds.
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0001| D. The director may develop and implement
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0002| cooperative agreements with appropriate federal agencies, the
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0003| commissioner of public lands and Indian tribes and pueblos to
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0004| carry out the provisions of the Noxious Weed Management Act.
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0005| Section 7. APPROPRIATION.--Fifty thousand dollars
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0006| ($50,000) is appropriated from the general fund to the New
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0007| Mexico department of agriculture for expenditure in fiscal year
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0008| 1997 to implement the provisions of the Noxious Weed Management
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0009| Act. Any unexpended or unencumbered balance remaining at the
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0010| end of fiscal year 1997 shall revert to the general fund.
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0011| Section 8. REPEAL.--Sections 76-7-1 through 76-7-30 NMSA
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0012| 1978 (being Laws 1959, Chapter 243, Sections 1 through 22 and
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0013| Laws 1963, Chapter 203, Sections 1 through 8) are repealed.
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0014|
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