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