reglab/housing_qa huggingface dataset:
NM Stat § 76-6-4 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-4 - Voluntary measures.

The board, either independently or in cooperation with counties, cities, towns or other political subdivisions of the state, farmers' associations or similar organizations, individuals, [the] federal government or of [with] other states, is authorized to carry out operations or measures to locate, suppress, control, eradicate or prevent or retard the spread of pests with the consent of the owners of the property involved. History: 1953 Comp., § 45-8-42, enacted by Laws 1969, ch. 41, § 4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 58.
NM Stat § 76-6-5 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-5 - Plant quarantine; authority.

A. The board is authorized to quarantine this state or any portion thereof when they determine that such action is necessary to prevent or retard the spread of a pest within or from this state and to quarantine any other state or portion thereof whenever they determine that a pest exists therein and that such action is necessary to prevent or retard its spread into this state. Before promulgating their determination that a quarantine is necessary, the board shall, after due notice to interested parties, hold a public hearing under such rules as they shall promulgate, at which hearing any interested party may appear and be heard either in person or by attorney; provided, the board may impose a temporary quarantine for a period not to exceed ninety days during which time a public hearing, as provided herein shall be held if it appears that a quarantine for more than the ninety-day period will be necessary to prevent or retard the spread of the pest. The board shall give notice of the establishment of the quarantine in such newspapers in the quarantined area as they may select. The board may limit the application of the quarantine to the infested portion of the quarantined area and appropriate environs, to be known as the regulated area, and may, without further hearing, extend the regulated area to include additional portions of the quarantined area upon publication of a notice to that effect in such newspapers in the quarantined area as they may select or by direct written notice to those concerned. B. Following establishment of the quarantine, no person shall move any regulated article described in the quarantine or move the pest against which the quarantine is established, within, from, into or through this state contrary to regulations promulgated by the board. Notice of the regulations shall be published in such newspapers in the quarantined area as the board may select. C. The regulations may restrict the movement of the pest and any regulated articles from the quarantined or regulated area in this state into or through other parts of this state or other states and from the quarantined or regulated area in other states into or through this state and shall impose such inspection, disinfection, certification or permit and other requirements as the board deems necessary to effectuate the purposes of the Pest Control Act. History: 1953 Comp., § 45-8-43, enacted by Laws 1969, ch. 41, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 43 to 45. 3 C.J.S. Agriculture § 89.
NM Stat § 76-6-6 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-6 - Abatement and emergency measures authorized.

A. Whenever the board finds any article that is infested or reasonably believed to be infested or a host or pest exists on any premises or is in transit in this state, it may, upon giving notice to the owner or his agent in possession thereof, seize, quarantine, treat or otherwise dispose of the pest, host or article in such manner as the board deems necessary to suppress, control, eradicate or prevent or retard the spread of a pest, or the board may order the owner or agent to so treat or otherwise dispose of the pest, host or article. B. When the board finds that a continuing threat of the spread of a pest exists, and after appropriate notice, an owner or his agent does not take immediate measures to prevent or retard the spread of the pest, the board may take reasonable emergency action as necessary in accordance with the provisions of the Pest Control Act and regulations of the board. The board may assess an emergency action fee to recover the cost of the emergency action, not to exceed one thousand dollars ($1,000), against the owner of the property that was subject to the board's emergency action. History: 1953 Comp., § 45-8-44, enacted by Laws 1969, ch. 41, § 6; 1997, ch. 176, § 1. ANNOTATIONSThe 1997 amendment, effective June 20, 1997, designated the existing language as Subsection A; added Subsection B; and made stylistic changes. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 49 to 51. 3 C.J.S. Agriculture § 83.
NM Stat § 76-6-7 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-7 - Inspections authorized; warrants.

A. To effectuate the purposes of the Pest Control Act, the board may, with the consent of the owner or by court order, make reasonable inspection of any premises in this state and any property therein or thereon and may without a warrant stop and inspect, in a reasonable manner, any means of conveyance moving within this state, upon probable cause to believe that it contains or carries any pest, host or other article subject to the Pest Control Act. The board may make any other reasonable inspection of any premises or means of conveyance for which, under the constitution of the United States and the constitution of this state, no warrant is required. B. The appropriate district courts in this state shall have authority to issue orders for such inspections upon a showing by the board that there is probable cause to believe that there exists in or on the property to be inspected a pest, host or other article subject to the Pest Control Act. History: 1953 Comp., § 45-8-45, enacted by Laws 1969, ch. 41, § 7. ANNOTATIONSCross references. — For constitutional provision as to searches and seizures, see N.M. Const., art. II, § 10. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 44, 45, 50. 3 C.J.S. Agriculture § 83.
NM Stat § 76-6-8 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-8 - Cooperation.

A. The board is authorized to cooperate with any agency of the federal government in such operations and measures as they deem necessary to suppress, control, eradicate, prevent or retard the spread of any plant pest. The board is authorized to expend state funds on federal lands. B. The board is authorized to cooperate with agencies of adjacent states in such operations and measures as they deem necessary to locate, suppress, control, eradicate, prevent or retard the spread of any pest. History: 1953 Comp., § 45-8-46, enacted by Laws 1969, ch. 41, § 8. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 43. 3 C.J.S. Agriculture § 96.
NM Stat § 76-6-9 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-9 - Penalties.

A. Any person who shall violate any of the provisions of the Pest Control Act, or any rule, regulation or quarantine promulgated by the board, or who shall alter, forge or counterfeit, or use without authority any certificate or permit or other document provided for in the Pest Control Act or in the regulations of the board provided for in the Pest Control Act, shall be deemed guilty of a misdemeanor. B. Any person who has knowingly moved any regulated article into this state from any quarantined area of any other state, which article has not been treated or handled under provisions of the quarantine and regulations in effect at the point of origin, shall be guilty of a misdemeanor. History: 1953 Comp., § 45-8-47, enacted by Laws 1969, ch. 41, § 9. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 42, 50, 51. 3 C.J.S. Agriculture § 87.
NM Stat § 76-6-11 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-11 - Cooperation with pest control insurance fund.

Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the insurance fund established by the Pest Control Compact [76-6-10 NMSA 1978]. History: Laws 1981, ch. 281, § 2.
NM Stat § 76-6-12 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-12 - Filing of compact.

Pursuant to Article IV (h) of the compact, copies of bylaws and amendments thereto shall be filed with the state department of agriculture. History: Laws 1981, ch. 281, § 3.
NM Stat § 76-6-13 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-13 - Compact administrator.

The compact administrator for this state shall be the director of the state department of agriculture. History: Laws 1981, ch. 281, § 4.
NM Stat § 76-6-14 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-14 - Applications for assistance.

Within the meaning of Article VI (b) or VIII (a) [of the compact], a request or application for assistance from the insurance fund may be made by the compact administrator for this state, whenever in his judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such request. History: Laws 1981, ch. 281, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 76-6-15 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-15 - Disposition of money from compact insurance fund.

The department, agency or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account in the state treasury the amount of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof. History: Laws 1981, ch. 281, § 6.
NM Stat § 76-6-16 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-16 - "Executive head" defined.

As used in the compact, with reference to this state, "executive head" means the governor. History: Laws 1981, ch. 281, § 7.
NM Stat § 76-6A-1 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6A - Cotton Boll Weevil Control|Section 76-6A-1 - Short title.

Chapter 76, Article 6A NMSA 1978 may be cited as the "Cotton Boll Weevil Control Act". History: Laws 1996, ch. 77, § 1; 1997, ch. 57, § 1. ANNOTATIONSThe 1997 amendment, effective June 20, 1997, substituted "Chapter 76, Article 6A NMSA 1978" for "This act".
NM Stat § 76-6A-2 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6A - Cotton Boll Weevil Control|Section 76-6A-2 - New Mexico department of agriculture.

The Cotton Boll Weevil Control Act is to be administered by the New Mexico department of agriculture, under the direction of the board of regents of New Mexico state university. History: Laws 1996, ch. 77, § 2.
NM Stat § 76-6A-3 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6A - Cotton Boll Weevil Control|Section 76-6A-3 - Definitions.

As used in the Cotton Boll Weevil Control Act: A. "board" means the board of regents of New Mexico state university; B. "cotton boll weevil" means any life stage of the cotton insect Anthonomus grandis Boheman; C. "cotton boll weevil control committee" means the persons, not less than three nor more than seven, elected by a majority of the cotton producers voting in a designated cotton boll weevil control district; D. "cotton boll weevil control district" means a designated area duly established under the Cotton Boll Weevil Control Act wherein a program to monitor, suppress or eradicate the cotton boll weevil is administered; E. "cotton producer" means any person growing five or more acres of cotton plants. For the purposes of the Cotton Boll Weevil Control Act, only one person from any farm, sole proprietorship, corporation, partnership or any other legal business arrangement shall be eligible to vote to establish or dissolve a cotton boll weevil control district; F. "department" means the New Mexico department of agriculture; G. "director" means the director of the New Mexico department of agriculture; and H. "organic cotton producer" means any person growing cotton who is certified by the organic commodity commission [New Mexico department of agriculture] as a producer of organic or transitional cotton. History: Laws 1996, ch. 77, § 3; 1997, ch. 57, § 2; 2000, ch. 35, § 1; 2005, ch. 14, § 1; 2005, ch. 18, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2011, ch. 29, § 6 provided that all references to the organic commodity commission be deemed references to the New Mexico department of agriculture. The 2005 amendment, effective June 17, 2005, revised the definition of cotton boll weevil control district to add designated areas where a program to monitor the cotton boll weevil is administered. Laws 2005, ch. 14, § 1 and Laws 2005, ch. 18, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2005, ch. 18, § 1. See 12-1-8 NMSA 1978. The 2000 amendment, effective March 6, 2000, inserted "voting" following "cotton producers" in Subsection C. The 1997 amendment, effective June 20, 1997, added Subsection H and made related stylistic changes.
NM Stat § 76-6A-4 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6A - Cotton Boll Weevil Control|Section 76-6A-4 - Duties and powers.

The director shall determine any critically infested or threatened agricultural areas within New Mexico, hold public hearings within the proposed cotton boll weevil control district determined to be critically infested or at risk and provide technical support and advice in the formulation of plans for the monitoring, control or eradication of such infestation. History: Laws 1996, ch. 77, § 4; 2005, ch. 14, § 2; 2005, ch. 18, § 2. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, added to the duties of the director the duty to provide technical support and advice in the formulation of plans for monitoring cotton boll weevil infestation. Laws 2005, ch. 14, § 2 and Laws 2005, ch. 18, § 2 enacted identical amendments to this section. The section was set out as amended by Laws 2005, ch. 18, § 2. See 12-1-8 NMSA 1978.
NM Stat § 76-6A-5 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6A - Cotton Boll Weevil Control|Section 76-6A-5 - Cotton boll weevil control committee; duties and powers.

A. A cotton boll weevil control committee shall prescribe control measures for any cotton planted within a cotton boll weevil control district. When prescribing control measures, the cotton boll weevil control committee shall make every effort to adhere to integrated pest management practices, to allow organic cotton producers to choose organic pest management practices that will allow them to maintain their organic certification and to adhere to the management goals of individual cotton producers consistent with the goal of complete eradication of the cotton boll weevil. B. A cotton boll weevil control committee may adopt regulations to set the method for determining the yield per acre of cotton lands under the control of a cotton producer for purposes of calculating the assessment amount due. History: Laws 1996, ch. 77, § 5; 1997, ch. 57, § 3. ANNOTATIONSThe 1997 amendment, effective June 20, 1997, rewrote Subsection A and made minor stylistic changes in Subsection B.
NM Stat § 76-6A-5.1 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6A - Cotton Boll Weevil Control|Section 76-6A-5.1 - Exemption from Procurement Code and Personnel Act.

Cotton boll weevil control committees are exempt from the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978], and the Personnel Act [Chapter 10, Article 9 NMSA 1978]. The committee members and committee employees are public employees for the purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] and shall be provided all insurance and self-insurance coverage provided by the risk management division of the general services department. History: Laws 1999, ch. 8, § 3. ANNOTATIONSEffective dates. — Laws 1999, ch. 8, § 3 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 76-6A-6 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6A - Cotton Boll Weevil Control|Section 76-6A-6 - Establishment of cotton boll weevil control district.

Any five or more persons producing cotton for which it is proposed to establish a cotton boll weevil control district may file a petition with the department asking that a cotton boll weevil control district be established. The petition shall set forth: A. a concise statement of the reasons for the establishment of a cotton boll weevil control district; B. a request that a referendum be held among the cotton producers on the question of the establishment of a cotton boll weevil control district; C. the name and address of the individual who is authorized to represent the petitioners; D. the maximum per unit assessment on the cotton acreage or production for which the cotton boll weevil control district is established; and E. the method of levy and collection of an assessment upon cotton producers for the support of the cotton boll weevil control district. History: Laws 1996, ch. 77, § 6.
NM Stat § 76-6A-7 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6A - Cotton Boll Weevil Control|Section 76-6A-7 - Petition filing fee.

The director shall prepare and deliver to the petitioners an original budget estimate of the cost of the proposed hearings and referendum. The petitioners, within thirty days after receipt of the cost estimate, shall remit to the director the amount of the cost estimate. History: Laws 1996, ch. 77, § 7.
NM Stat § 76-6A-8 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6A - Cotton Boll Weevil Control|Section 76-6A-8 - Hearings.

Within sixty days after a petition has been filed with the director and upon payment of the cost estimate, the director shall cause notices to be given of the proposed hearings in areas of the state where the cotton boll weevil is of economic importance. The notices of hearing shall be published in a newspaper of general circulation in the proposed cotton boll weevil control district, and shall be sent directly to the organic commodity commission [New Mexico department of agriculture], at least fourteen days prior to the date of the hearing. History: Laws 1996, ch. 77, § 8; 1997, ch. 57, § 4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2011, ch. 29, § 6 provided that all references to the "organic commodity commission" be deemed references to the "New Mexico department of agriculture". The 1997 amendment, effective June 20, 1997, deleted "at least fourteen days prior to the date of hearing" following "shall be published" in the second sentence and added "and shall be sent directly to the organic commodity commission, at least fourteen days prior to the date of the hearings" to the end of the second sentence.
NM Stat § 76-6A-9 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6A - Cotton Boll Weevil Control|Section 76-6A-9 - Determination by director.

After the public hearing, the director shall determine, based upon the facts presented and other relevant data available, if there is a need for the creation of a cotton boll weevil control district and if the need is sufficient to justify the holding of a referendum thereon. Subsequent petitions relating to the same locale may not be filed or action taken thereon within one year from the date the director has recorded a determination denying the need for the creation of a cotton boll weevil control district. History: Laws 1996, ch. 77, § 9.
NM Stat § 76-6A-10 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6A - Cotton Boll Weevil Control|Section 76-6A-10 - Referendum; cotton boll weevil control districts; cotton boll weevil control committees.

After public hearing, if the director decides there is justification for creating a cotton boll weevil control district, the department shall hold a referendum. When cotton producers who represent sixty-six percent of the cotton acreage within the area threatened with or infested by the cotton boll weevil vote in favor of the establishment of a cotton boll weevil control district, a cotton boll weevil control district shall be created. The cotton producers within a cotton boll weevil control district shall promptly establish, and shall elect not less than three nor more than seven members to, a cotton boll weevil control committee. Cotton boll weevil control committee members shall not receive per diem or compensation for their services. Cotton boll weevil control districts and cotton boll weevil control committees shall cease to exist when the cotton boll weevil control committee and the director determine that all financial and legal obligations have been satisfied. History: Laws 1996, ch. 77, § 10; 1999, ch. 8, § 1. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, deleted "local" preceding "cotton boll weevil" in the catchline and throughout the section; in the fourth sentence substituted "Cotton boll weevil control" for "The" at the beginning, in the fifth sentence substituted the language beginning "when the" to the end of the section for "six months after the successful eradication of the agricultural cotton boll weevil, as determined by the director, or at the end of five years from the date of their creation, whichever is sooner", and deleted the last two sentences, relating to petitions and public hearings to extend the termination date of a cotton boll weevil district.