reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6B - Pink Bollworm Control › Section 76-6B-6 - Director; duties and powers.

A. The director shall:
(1) determine any critically infested or threatened agricultural areas within New Mexico, hold public hearings within the proposed pink bollworm control district determined to be critically infested or at risk and provide technical support and advice in the formulation of plans for the control or eradication of such infestation;
(2) estimate the cost of the proposed hearings and referendum for the creation or abolishment of a pink bollworm control district and prepare a budget for the petitioners who shall remit to the director the amount of the cost within thirty days of receiving it;
(3) within sixty days after a petition has been filed and payment of the cost received, publish a notice in a newspaper of general circulation in the proposed pink bollworm control district of the proposed hearings;
(4) send a copy of the public hearing notice directly to the organic commodity commission [New Mexico department of agriculture], at least fourteen days prior to the date of the hearing; and
(5) after the public hearing, based on facts and other relevant data, determine if there is a need for the creation or abolishment of a pink bollworm control district and if the need is sufficient to justify the holding of a referendum.
B. The director may not take action on a second petition relating to the same locale within one year from the date the director denies the need for establishment or abolishment of a pink bollworm control district.
History:
Laws 2001, ch. 13, § 6.
ANNOTATIONS
Bracketed 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.
Effective dates.
— Laws 2001, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6B - Pink Bollworm Control › Section 76-6B-7 - Referendum; pink bollworm control districts; local pink bollworm control committees.

A. If the director decides there is justification for creating or abolishing a pink bollworm control district, the department shall hold a referendum. A pink bollworm control district shall be created or abolished if:
(1) two-thirds or more of the eligible cotton producers voting vote in favor of the referendum; or
(2) those voting in favor of the referendum represent more than fifty percent, as determined by the director, of the cotton acreage within the area threatened with or infested by the pink bollworm.
History:
Laws 2001, ch. 13, § 7.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
Compiler's notes.
— Laws 2001, ch. 13, § 7 was enacted without a Subsection B.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6B - Pink Bollworm Control › Section 76-6B-8 - Pink bollworm control committees established; duties and powers.

A. Cotton producers within a pink bollworm control district shall establish and elect a local pink bollworm control committee composed of not less than three or more than seven members. The committee members shall not receive per diem or compensation for their services.
B. A pink bollworm control committee may:
(1) adopt regulations to set the method for determining the assessment amount due;
(2) conduct programs to suppress or eradicate pink bollworms within a pink bollworm control district;
(3) cooperate with and enter into contracts or cooperative agreements with state, federal or local agencies;
(4) publish information and conduct seminars on the distribution and control of the pink bollworm;
(5) levy and collect a special assessment, based on cotton acreage or cotton yield per acre, within the pink bollworm control districts; or
(6) borrow money or accept grants, donations or contributions for any purpose consistent with the powers and duties of the pink bollworm control committee.
C. A pink bollworm control committee shall:
(1) prescribe control measures for any cotton planted within a pink bollworm control district. When prescribing control measures, the 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 pink bollworm;
(2) provide a complete accounting of the funds collected through the special assessment to all participating cotton producers in the pink bollworm control district;
(3) send notice of the establishment of a pink bollworm control district and its defined boundaries to the organic commodity commission [New Mexico department of agriculture] within fourteen days of its establishment; and
(4) select an organic cotton producer operating within the district to serve on the pink bollworm control committee if the pink bollworm control district includes certified organic cotton acreage.
History:
Laws 2001, ch. 13, § 8.
ANNOTATIONS
Bracketed 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.
Effective dates.
— Laws 2001, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6B - Pink Bollworm Control › Section 76-6B-9 - Organic cotton regulations.

A. Each organic cotton producer within an established pink bollworm control district shall notify the pink bollworm control committee in writing at least thirty days prior to planting of the number of acres on which organic cotton will be planted.
B. Organic cotton producers shall pay the assessment established for the pink bollworm control district in the same manner as producers of conventionally grown cotton in the district.
C. After crop planting, the pink bollworm control committee shall notify an organic cotton producer of the status of pink bollworm on his acreage and the status of pink bollworm on surrounding acres, as documented by the committee's normal pink bollworm trapping program.
D. The pink bollworm control committee shall confer with an organic cotton producer to determine measures that might be taken to attempt to keep all or a portion of the organic cotton producer's cotton acreage below trigger levels for required treatment. If the organic cotton producer chooses to use a nonconventional method, the committee shall pay the costs of the nonconventional method used by the organic cotton producer, provided the costs do not exceed the equivalent costs of conventional control methods. If pink bollworm trigger levels are reached on the organic cotton producer's acres and pink bollworm migration from outside these acres has been eliminated as a cause of these levels, the organic cotton producer shall be allowed to harvest these acres but shall not be allowed to grow cotton on the acreage for one year.
History:
Laws 2001, ch. 13, § 9.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6B - Pink Bollworm Control › Section 76-6B-10 - Agricultural land assessment; enforced collection.

A cotton producer shall pay a special assessment levied by a local pink bollworm control committee, payable upon the cotton producer's receipt of an assessment statement. The committee's statement shall indicate:
A. the total number of acres treated within the pink bollworm control district;
B. the total treated acres under the control of the land user;
C. the total amount of money expended or estimated to be spent in the pink bollworm control district for the control program;
D. the total acres or yield per acre of lands under the control of the land user assessed; and
E. the amount assessed against the land user.
History:
Laws 2001, ch. 13, § 10.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6B - Pink Bollworm Control › Section 76-6B-11 - Petition for abolishment of a pink bollworm control district.

A. Any five or more persons producing cotton within a pink bollworm control district may file a petition with the department asking for a referendum to be held to abolish the pink bollworm control district. The petition shall set forth:
(1) the name and description of the pink bollworm control district to be abolished;
(2) a concise statement of the reasons for the abolishment of the pink bollworm control district;
(3) a request that a referendum be held among the producers of the crop on the question of the abolishment of the pink bollworm control district; and
(4) the name and address of the individual who is authorized to represent the petitioners.
B. 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.
C. If a referendum is held and is adopted to abolish a pink bollworm control district, the district:
(1) may be abolished when the committee and the director determine that all financial and legal obligations have been satisfied; and
(2) shall cease expenditures of pink bollworm control district funds and make an accounting of funds spent and refund the remaining funds.
History:
Laws 2001, ch. 13, § 11.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6B - Pink Bollworm Control › Section 76-6B-12 - Disposition of assessment proceeds.

Money collected by a local pink bollworm control committee is not state funds and is not required to be deposited in the state treasury. A local committee shall deposit all money collected in a state chartered bank or other insured depository. Funds collected by local committees shall be held separate from each other. Money remaining after the abolishment of a pink bollworm control district shall be distributed to cotton producers in proportion to the percentage they contributed during the life of the pink bollworm control district.
History:
Laws 2001, ch. 13, § 12.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-1 - Short title.

This act [76-7-1 to 76-7-22 NMSA 1978] may be cited as the "Noxious Weed Control Act."
History:
1953 Comp., § 45-10-2, enacted by Laws 1959, ch. 243, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 51.
Liability of private landowner for vegetation obscuring view at highway or street intersection, 69 A.L.R.4th 1092.
3 C.J.S. Agriculture § 70.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-2 - Definitions.

As used in the Noxious Weed Control Act [76-7-1 to 76-7-22 NMSA 1978]:
A. "noxious weed" means any weed or plant which the board of county commissioners acting as the governing body of the district, and with the advice of the county agent, declares to be harmful or to possess noxious characteristics;
B. "landowner" means any natural person who holds title to lands lying within a weed control district organized under the Noxious Weed Control Act who has attained the age of twenty-one years and is a resident of a county situated entirely or in part within a weed control district;
C. "land occupier" means any person, firm or corporation holding title to or being in possession of any lands lying within a district organized under the provisions of the Noxious Weed Control Act, whether as owner, lessee, renter, tenant or otherwise;
D. "resident taxpaying voter" means a qualified voter residing and owning taxable property within a noxious weed control district and who had duly rendered all taxes assessed against his property to the assessor for the district; and
E. "district" means a noxious weed control district organized under the provisions of the Noxious Weed Control Act.
History:
1953 Comp., § 45-10-3, enacted by Laws 1959, ch. 243, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Warranty on sale of seed against presence of weed seeds, 62 A.L.R. 453, 117 A.L.R. 470, 168 A.L.R. 581.
Constitutionality of statutes requiring destruction of noxious weeds, 70 A.L.R.2d 852.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-3 - Noxious weed control districts; territorial limitations.

A. Noxious weed control districts may be organized under the provisions of the Noxious Weed Control Act [76-7-1 to 76-7-22 NMSA 1978] to include the area of any county or counties, or any portion thereof; except that no district shall contain less than one thousand, two hundred and eighty acres nor consist of territory in more than three counties. A district may include any political subdivision of the state or a defined district, or any parts thereof, but no land shall be included in more than one noxious weed control district.
B. The land composing any noxious weed control district need not be in one contiguous body but may consist of separate bodies of land separated by land not embraced in the district. No district provided for in the Noxious Weed Control Act shall embrace territory situated in more than one county except by a majority vote of the resident taxpaying voters residing within the territory in each county sought to be included in the district.
History:
1953 Comp., § 45-10-4, enacted by Laws 1959, ch. 243, § 3.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-4 - Petition for organization of noxious weed control district.

Petitions for the organization of a noxious weed control district shall designate the name of the district and the proposed area and boundaries to be included in the district. If the proposed district lies wholly within one county, the petition shall be presented to the board of county commissioners of the county; if the proposed district lies in more than one county, the petition shall be presented to the board of county commissioners of the county in which the largest area of the proposed district lies.
History:
1953 Comp., § 45-10-5, enacted by Laws 1959, ch. 243, § 4.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-5 - Notice of public hearing.

Upon receipt of a petition for the organization of a noxious weed control district the board of county commissioners wherein the petition is filed shall make an order setting the date for the hearing of the petition. The petition may be considered at a regular or special session of the board of county commissioners of the county wherein the petition is filed. The board shall issue a notice of public hearing to be published in a newspaper or newspapers of general circulation in each county in which the proposed district lies at least once a week for two consecutive weeks, with the last insertion of the notice not less than thirty days prior to the public hearing.
History:
1953 Comp., § 45-10-6, enacted by Laws 1959, ch. 243, § 5.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-6 - Public hearing upon petition; consideration by county commissioners.

A. Any person whose land is included in or would be affected by the creation of a noxious weed control district, may upon the day set for the public hearing appear and contest the creation of the proposed district and may offer testimony to show whether or not the district is necessary or would be of benefit to the land included therein.
B. The board of county commissioners shall approve the petition if, after a public hearing, it finds that the creation of the district would be a public benefit and that a substantial portion of the lands within the proposed district would be benefited by its creation. If the board of county commissioners finds that any lands included within the proposed district would not be benefited by its creation it shall exclude the lands and redefine the boundaries of the district accordingly. If the board of county commissioners should find that the proposed district would not be a public benefit, or of benefit to a substantial portion of the land sought to be included therein, it shall refuse the petition.
History:
1953 Comp., § 45-10-7, enacted by Laws 1959, ch. 243, § 6.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-7 - Order and notice of district election.

A. Upon determination by the board of county commissioners that the proposed noxious weed control district is necessary for the reclamation or safeguarding of the lands specified in the original or modified petition, they shall order an election for the purpose of submitting to the resident taxpaying voters the issue of whether or not the district shall be created.
B. Notice of the election for the creation of the noxious weed control district shall be published in a newspaper or newspapers of general circulation in the county or counties in which the proposed district lies at least once a week for two consecutive weeks, the last insertion to be not less than thirty days prior to the proposed referendum election.
History:
1953 Comp., § 45-10-8, enacted by Laws 1959, ch. 243, § 7.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-8 - Qualified voters in district elections.

A. At any election for the consideration of a proposed noxious weed control district, only the following persons shall be eligible voters:
(1) all persons who are owners of agricultural land within the district or have evidence of title to the lands or who are purchasers under contract of lands within the district;
(2) all resident entrymen of federal public lands and lessees of state agricultural lands within the district;
(3) any authorized officer or agent of a corporation owning land within the proposed district. He may cast the ballot of the corporation in all weed control district elections;
(4) all minors who are the owners of agricultural land within the district and who are entitled to vote under the provisions of the Noxious Weed Control Act [76-7-1 to 76-7-22 NMSA 1978]. Their vote shall be cast by their father, mother or duly appointed guardian in the order named, and if they have no father, mother or duly appointed guardian, the minor may cast his own ballot; and
(5) any owner of agricultural lands in the district voting by proxy. A landowner may have his vote cast at any election by another person entitled to vote in the election, and whom he may appoint as his proxy. Designation of a proxy for the purposes of district voting shall be in writing and signed by the person authorizing the proxy. Every proxy shall be attached to and deposited with the ballot cast by the designated voter, and the ballot shall be signed in the name of the person authorizing the proxy and the proxy himself. Each proxy shall contain an official acknowledgment duly signed by a person authorized to take acknowledgments in this state.
B. The general election laws of the state, insofar as applicable, except for the requirements for registration under Section 3-2-49 NMSA 1953 [repealed] and residence in state, county and precinct under Section 3-2-51 NMSA 1953 [repealed] and except as otherwise provided in the Noxious Weed Control Act, shall govern all elections under the Noxious Weed Control Act.
History:
1953 Comp., § 45-10-9, enacted by Laws 1959, ch. 243, § 8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Sections 3-2-49 and 3-2-51 NMSA 1953, were repealed by Laws 1969, ch. 240, § 451. For present provisions,
see
1-1-4, 1-4-1 and 1-4-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-9 - County commissioners to furnish ballots; voting by mail permitted.

A. The board of county commissioners shall furnish sufficient printed ballots for all voters at each election in the district. The ballots for the election shall contain a place for the elector to vote for or against the formation of the proposed district. Each voter shall sign his name on a line at the bottom of the ballot before voting or casting the ballot.
B. Any qualified voter desiring to vote by mail may do so by preparing his ballot in the manner prescribed in this section, and affixing his signature thereon and mailing or delivering the ballot in a sealed envelope to the judge of the election of the voting district; provided, however, every ballot delivered or mailed to the election judges must reach the election judges not later than 6:00 p.m. on the day of the election.
History:
1953 Comp., § 45-10-10, enacted by Laws 1959, ch. 243, § 9.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-10 - Form of ballots.

The ballots for the creation of a weed control district shall be printed in the following form:
BALLOT
On the Question of Formation of ___________ Noxious Weed Control District.
(Place "X" in one of the boxes below)
For Noxious Weed Control District [ ]
Against Noxious Weed Control District [ ]
Signature of voter ___________________________________.
History:
1953 Comp., § 45-10-11, enacted by Laws 1959, ch. 243, § 10.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-11 - Conduct of election; declaration of results.

A. The board of county commissioners having jurisdiction over the election shall create and define, by order, the voting precincts in the proposed district, and shall name the polling places within each district. The board of county commissioners shall also select and appoint the judges and other necessary officers for the conduct of the election.
B. Immediately after the election, the officers holding the election shall make returns of the results to the board of county commissioners having jurisdiction. The board of county commissioners shall canvass the vote and returns and enter an order declaring the results of the election. If it is found that a majority of the votes cast are in favor of the creation of the district, the board of county commissioners shall enter an order declaring the establishment of the district. If the proposed district embraces more than one county, the board of county commissioners having jurisdiction shall enter an order declaring the establishment of the district only in the territory included in each county in which the majority of the votes cast were in favor of its creation. A copy of the order shall be transmitted to the county clerk of each county in which a portion of the district lies and shall be filed by him as a public record.
History:
1953 Comp., § 45-10-12, enacted by Laws 1959, ch. 243, § 11.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-12 - District governing body.

The governing body of the noxious weed control districts shall be governed by [sic] the board of county commissioners of the county wherein the largest area of the proposed district is situated.
History:
1953 Comp., § 45-0-13, enacted by Laws 1959, ch. 243, § 12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-13 - Powers of district governing body.

The district governing body shall have the following powers:
A. to determine, with the advice of the county agent, which noxious weeds shall be subject to control;
B. to determine the method of control, either by spraying, cutting, burning, tillage or any other appropriate method;
C. to prescribe the specific areas within the district on which the control measures are to be carried out;
D. to prescribe the period within which control measures are to be carried out; and
E. to take necessary action to effect the purposes of the Noxious Weed Control Act.
History:
1953 Comp., § 45-10-14, enacted by Laws 1959, ch. 243, § 13.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-14 - Rules and regulations of district; penalty.

A. The district governing body is specifically authorized to promulgate rules and regulations requiring the cleaning of farm implements and machinery which are brought into the district or which are moved from one location to another within the district and to prescribe the method of disposition of materials taken from farm implements and machinery.
B. Before the rules and regulations of the district shall become effective, a copy of all the rules and regulations shall be filed with the state law librarian and published, at least once a week for four consecutive weeks, in a newspaper or newspapers of general circulation in the county or counties in which the district lies.
C. Any person who violates any provision of the rules and regulations of the district after the rules have been duly filed and published shall be, upon conviction, punished by a fine of not more than two hundred and fifty dollars ($250).
History:
1953 Comp., § 45-10-15, enacted by Laws 1959, ch. 243, § 14.
ANNOTATIONS
Cross references.
— For the State Rules Act,
see
Chapter 14, Article 4 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 51.
3 C.J.S. Agriculture § 72.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-16 - Levy of uniform assessments; assessor; collector; annual financial report.

A. The governing body of the district may levy an annual uniform assessment against the land within the district not to exceed five cents ($.05) an acre for the purpose of paying the expenses of the district. The county treasurer of each county wherein a weed control district is located shall assess and collect the levy at the same time he collects the ad valorem taxes within the county.
B. The moneys collected for the district shall be deposited in the district depository selected by the board.
C. The chairman of the governing body of the district shall file an annual report with the county clerk of each county in which any part of the district lies, before July 1 of each year, showing the total amount received, and an itemized statement of the amounts expended during the preceding year, together with the balance remaining on hand.
History:
1953 Comp., § 45-10-17, enacted by Laws 1959, ch. 243, § 16.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 9.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-17 - Enforcement of assessments.

Assessments by local district assessors shall be subject to the same delinquency period, discounts, penalties and interest as are applied to the collection of ad valorem taxes. The district governing body shall refer a delinquent assessment to a district attorney in the county of the land occupier's residence. It shall be the duty of the district attorney to sue and obtain judgment and to enforce and satisfy the judgment so obtained. All levies assessed under the provisions of the Noxious Weed Control Act [76-7-1 through 76-7-22 NMSA 1978] shall be deemed special levies on specific property and shall not be subject to the limitations of Section 72-4-11 New Mexico Statutes Annotated, 1953 Compilation [repealed] or other statutory limitations.
History:
1953 Comp., § 45-10-18, enacted by Laws 1959, ch. 243, § 17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Section 72-41-11, 1953 Comp., was repealed by Laws 1974, ch. 92, § 34 (amending Laws 1973, ch. 258, § 156), effective January 1, 1975.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 9.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-18 - District expenses; employees.

The governing body of the district may incur all necessary expenses, within the limitations of the district assessment collections, which are in keeping with the purposes of the Noxious Weed Control Act [76-7-1 to 76-7-22 NMSA 1978]. The board may employ one or more inspectors, if it deems necessary, for the purpose of inspecting the lands within the district to determine in what areas control measures are being carried out. The board may also employ clerical help as may be necessary in the discretion of the board.
History:
1953 Comp., § 45-10-19, enacted by Laws 1959, ch. 243, § 18.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 46, 49 to 51.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-19 - Addition or exclusion of lands of district.

A. Upon petition to the district governing body, by one or more landowners residing outside the district, asking for inclusion into the district of specified lands, the governing body of the district shall examine the petition, and after appropriate public hearings make a determination upon whether the petition shall be granted. The district governing body shall have the authority to declare the extension of the boundaries of the district to include the area designated in the petition or to accept any portion of the area included in the petition, for inclusion in the district. All lands added to any existing district shall at the next assessment date automatically be subject to any special levy on taxable property approved for the district for the purposes of the Noxious Weed Control Act [76-7-1 to 76-7-22 NMSA 1978].
B. Upon petition to the district governing body by ten or more landowners residing within the district and asking for the detaching of a specified area from inclusion in the district, the governing body of the district shall examine the petition, and after appropriate public hearing make a determination upon whether the petition shall be granted. The governing body of the district may order the lands included in the petition to be excluded from the area of the district, provided all current assessments have been paid, and the detaching of the lands will not result in the total area of the district containing less than the prescribed minimum acreage of one thousand, two hundred and eighty acres.
History:
1953 Comp., § 45-10-20, enacted by Laws 1959, ch. 243, § 19.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-20 - Petition to dissolve district; notice of election; conduct of election.

A. Upon petition, presented to the governing body of the noxious weed control district, signed by one-quarter of the landowners or land occupier's [occupiers] residing within the district and asking for an election upon a proposal to dissolve the district, the board of directors shall order an election thereon to be held not more than ninety days from the date the petition is received.
B. Notice by publication of the election shall be given by the chairman of the governing body of the district at least twice, with at least seven days between the two publications, in a newspaper or newspapers of general circulation published in each county in which the district lies. Notice of publication shall contain a statement of the purpose of the election and the time and place of holding the election.
C. The board shall designate the polling place or places within the district, taking into consideration the convenience of the voters, and shall also select and appoint the judges and other necessary officers of the election. None but resident taxpaying voters of the district shall be entitled to vote at the election.
History:
1953 Comp., § 45-10-21, enacted by Laws 1959, ch. 243, § 20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-21 - Results of election to dissolve noxious weed control district.

Returns of the election shall be made to the board of county commissioners acting as governing body of the district, which shall canvass the returns and enter an order declaring the results of the election. If a majority of the votes cast at the election are against dissolution of the district, no further election on the proposition shall be held for a period of two years thereafter. If a majority of the votes cast are in favor of the dissolution of the district, the board shall enter an order declaring the district to be dissolved, and thereafter the board shall not exercise any further powers except to terminate the affairs of the district.
History:
1953 Comp., § 45-10-22, enacted by Laws 1959, ch. 243, § 21.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-22 - Termination of the affairs of the district.

If the results of the election require the dissolution of the district and there is not on hand sufficient money to pay off all claims against the district and if the annual assessments already levied will not provide sufficient funds for the payment of claims, the board shall have the authority to levy and cause to be collected further annual assessments but only in an amount as may be necessary to settle the claims against the district. Any money remaining on hand after all claims have been settled shall be paid over rateably to the county treasurer of each county in which the district lies in the proportion which the territory in each county bears to the total area of the district, and shall be placed by the treasurer in the general fund of the county.
History:
1953 Comp., § 45-10-23, enacted by Laws 1959, ch. 243, § 22.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-23 - Short title.

This act [76-7-23 to 76-7-30 NMSA 1978] may be cited as the "Noxious Weed Act of 1963."
History:
1953 Comp., § 45-10-24, enacted by Laws 1963, ch. 203, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 70.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-24 - Definitions.

As used in the Noxious Weed Act of 1963 [76-7-23 to 76-7-30 NMSA 1978]:
A. "board" means the board of regents of New Mexico state university;
B. "noxious weed" means any species of plant which is liable to be detrimental or destructive, and difficult to control or eradicate;
C. "seed" means any part of a noxious weed that will propagate; and
D. "agent" means any person employed by the board to carry out the provisions of the Noxious Weed Act of 1963.
History:
1953 Comp., § 45-10-25, enacted by Laws 1963, ch. 203, § 2.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-25 - Administration and enforcement.

The Noxious Weed Act of 1963 [76-7-23 to 76-7-30 NMSA 1978] shall be administered and enforced by the board through the state department of agriculture.
History:
1953 Comp., § 45-10-26, enacted by Laws 1963, ch. 203, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 21, 22.
3 C.J.S. Agriculture §§ 19, 20.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-26 - Inspections.

The board or its agent may inspect any facility or ground where noxious weed seeds are sold, stored, transported or planted.
History:
1953 Comp., § 45-10-27, enacted by Laws 1963, ch. 203, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 44, 45, 50.
3 C.J.S. Agriculture § 5.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-27 - Declaration of certain weed seeds as noxious.

Whenever the board receives a petition signed by twenty-five New Mexico landowners requesting that certain weeds be declared noxious, it shall hold a public hearing. At least ten days prior to the hearing, notice shall be published in at least one newspaper of general circulation in the state listing all the weeds alleged to be noxious which will be considered at the hearing. If the board, as a result of the hearing, determines a weed to be noxious, it shall declare that finding by rule or regulation.
History:
1953 Comp., § 45-10-28, enacted by Laws 1963, ch. 203, § 5.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-28 - Unlawful actions.

After any weed is declared to be noxious by the board, it shall be unlawful to sell, give away or plant any noxious weed seed in this state or in that part of the state designated by the rules and regulations of the board. This section shall not apply to materials not sold as seed, in which noxious weed seed may incidentally be found.
History:
1953 Comp., § 45-10-29, enacted by Laws 1963, ch. 203, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 42, 50, 51.
3 C.J.S. Agriculture § 71.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-29 - Rules and regulations.

The board may prescribe and enforce rules and regulations, pertaining to the sale, transportation or distribution of noxious weed seeds, necessary to carry out the provisions of the Noxious Weed Act of 1963 [76-7-23 to 76-7-30 NMSA 1978].
History:
1953 Comp., § 45-10-30, enacted by Laws 1963, ch. 203, § 7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 21, 22.
3 C.J.S. Agriculture §§ 19, 20.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7 - Noxious Weed Control › Section 76-7-30 - Penalty.

Any person, firm or corporation violating the Noxious Weed Act of 1963 [76-7-23 to 76-7-30 NMSA 1978] is guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars ($25.00), nor more than three hundred dollars ($300).
History:
1953 Comp., § 45-10-31, enacted by Laws 1963, ch. 203, § 8.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 42, 50, 51.
3 C.J.S. Agriculture § 72.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7A - Harmful Plants › Section 76-7A-1 - [Short title.]

This act [76-7A-1 to 76-7A-11 NMSA 1978] may be cited as the "Harmful Plant Act."
History:
1978 Comp., § 76-7A-1, enacted by Laws 1978, ch. 125, § 1.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7A - Harmful Plants › Section 76-7A-2 - Definitions.

As used in the Harmful Plant Act:
A. "article" means soil, seeds, unprocessed feeds, packaging materials, nursery stock, machinery or anything capable of transporting or harboring a harmful plant;
B. "board" means the board of regents of New Mexico state university;
C. "department" means the New Mexico department of agriculture;
D. "move" means to ship, offer for shipment, receive for transportation, carry or otherwise transport or allow to be transported;
E. "harmful plant" means any plant, seeds or other parts of a plant the board declares by regulation to be a harmful plant;
F. "permit" means a document issued by the department to provide for the movement of a harmful plant in accordance with regulations adopted by the board;
G. "person" means any individual, firm, association or corporation; and
H. "plant" means any living stage of a plant, including but not limited to seeds and reproductive parts of a plant.
History:
1978 Comp., § 76-7A-2, enacted by Laws 1978, ch. 125, § 2.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7A - Harmful Plants › Section 76-7A-3 - General powers and duties of the board.

A. The board, through the department, shall administer and enforce the provisions of the Harmful Plant Act.
B. The board may:
(1) adopt such regulations as it deems necessary to administer and enforce the provisions of the Harmful Plant Act;
(2) accept grants of money from any state or federal agency, producer [,] organization or private individual for the purposes of administering and enforcing the provisions of the Harmful Plant Act; and
(3) cooperate with the authorities of another state or the federal government in carrying out the purposes of the Harmful Plant Act.
History:
1978 Comp., § 76-7A-3, enacted by Laws 1978, ch. 125, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7A - Harmful Plants › Section 76-7A-4 - Quarantine powers of the board.

The board may quarantine the state or any portion thereof whenever the department determines that a harmful plant exists therein and that such action is necessary to prevent the introduction of a harmful plant into the state or to retard the spread or dissemination of a harmful plant that has become established in the state. Before establishing a quarantine, the board shall hold a public hearing. Notice of the hearing shall be given to all interested parties and shall be published at least once in a newspaper of general circulation in the state. At the hearing all interested parties may appear and be heard.
History:
1978 Comp., § 76-7A-4, enacted by Laws 1978, ch. 125, § 4.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7A - Harmful Plants › Section 76-7A-5 - Temporary quarantine powers of the department.

If it has reasonable cause to believe that a harmful plant exists and there is an immediate need to prevent its introduction, spread or dissemination in New Mexico, the department may impose a temporary quarantine on the state or any portion of the state to prevent the introduction, spread or dissemination of the harmful plant. The period for such temporary quarantine shall not exceed ninety days during which time a public hearing shall be held by the board as provided in Section 4 [76-7A-4 NMSA 1978] of the Harmful Plant Act. If the board finds after such hearing that it appears the quarantine should be extended for more than the temporary ninety-day period, it may enter an order for such extension as provided in Section 4 of the Harmful Plant Act.
History:
1978 Comp., § 76-7A-5, enacted by Laws 1978, ch. 125, § 5.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7A - Harmful Plants › Section 76-7A-6 - Temporary quarantine powers of the department with respect to livestock.

The department may quarantine any domestic livestock, captive wildlife or captive estray animals suspected [of exposure] or knowingly [known to be] exposed to a harmful plant. The quarantine shall not exceed a period of ninety-six hours or for such lesser period when the animal's digestive system can reasonably be expected to be purged of carrying any reproductive part of the harmful plant. The department's inspector shall examine each exposed animal's hide or wool for the presence of a harmful plant. At the end of the ninety-six hour period or at the end of such lesser period as provided in this section, the quarantined animals shall be released under conditions established by the department.
History:
1978 Comp., § 76-7A-6, enacted by Laws 1978, ch. 125, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7A - Harmful Plants › Section 76-7A-7 - Effect of a quarantine.

When a quarantine is in effect, no person shall move any harmful plant described in the order from the quarantined area in this state into or through other parts of this state or from the quarantined area in other states into or through this state contrary to the provisions of the Harmful Plant Act or the regulations made pursuant thereto.
History:
1978 Comp., § 76-7A-7, enacted by Laws 1978, ch. 125, § 7.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7A - Harmful Plants › Section 76-7A-8 - Harmful plants; designation.

A. After a hearing the board may, by regulation, designate a plant to be a harmful plant when it finds that the plant is not known to occur in or is new to or not widely distributed in the state and may:
(1) directly or indirectly injure crops or other useful plants;
(2) be poisonous or detrimental to domestic or wild animals, birds or fish;
(3) cause adverse effects to other interests of agriculture, such as irrigation; or
(4) cause adverse effects to streams, ponds, lakes or aquatic fauna.
B. Notice of the hearing shall be published at least once in a newspaper of general circulation in the state and shall be given to interested parties. The notice shall state the plants alleged to be harmful which will be considered at the hearing. At the hearing, all interested parties may appear and be heard.
C. The department may designate a plant to be a harmful plant if it finds that the plant is not known to occur in, is new to or not widely distributed in the state, without a public hearing, for a period not to exceed ninety days, if it appears that such emergency action is necessary to prevent or control the introduction, spread or dissemination of the harmful plant. Within that ninety-day period the board shall hold a public hearing, after reasonable notice, to determine whether the designated plant is a harmful plant as provided in the Harmful Plant Act.
History:
1978 Comp., § 76-7A-8, enacted by Laws 1978, ch. 125, § 8.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7A - Harmful Plants › Section 76-7A-9 - Prohibited acts; permits.

No person shall knowingly move a harmful plant or article that is capable of harboring a harmful plant into or within New Mexico unless such person is granted a permit for such purpose by the department in accordance with regulations of the board. The department may refuse to issue a permit for the movement of harmful plants when in the opinion of the department such movement would involve a danger of dissemination of the harmful plant within the state. No person, unless granted a permit for such purpose by the department, shall sell, purchase, barter, exchange, give or receive a plant that has been declared to be a harmful plant by the board.
History:
1978 Comp., § 76-7A-9, enacted by Laws 1978, ch. 125, § 9.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7A - Harmful Plants › Section 76-7A-10 - Inspections authorized.

In order to prevent the introduction, spread or dissemination of a harmful plant, the department, after written notice to the owner or his agent, may detect, take possession [of], stop movement [of], eradicate, suppress, control, treat, prevent or retard the spread of or destroy any harmful plant, or stop movement [of] or treat any article that is capable of harboring or moving a harmful plant. The department may, with the consent of the owner or by order of the district court, inspect any premises in this state for the presence of a harmful plant.
History:
1978 Comp., § 76-7A-10, enacted by Laws 1978, ch. 125, § 10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.