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