SB 193 — BEEF COUNCIL ASSESSMENT OPT-OUT

SENATE BILL 193 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Pat Woods Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

AMENDING SECTIONS OF THE LIVESTOCK CODE h TO PROVIDE FOR AN OPTION FOR PRODUCERS TO OPT OUT OF THE g o COUNCIL ASSESSMENT.

t6 hr g e i k h r i s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

h , t, SECTION 1.

Section 77-2A-7.1 NMSA 1978 (being Laws 1983, e u g e b l e e h Chapter 228, Section 3, as amended) is amended to read:

n d d i = = o h "77-2A-7.1.

ASSESSMENTS--COUNCIL ASSESSMENT OPT-OUTOPT-OUT.-- .-- l ] b ,d i a º e A.

There is levied and imposed upon all cattle r i = r t e w d m a n o involved in a transfer of ownership in this state an assessment dto mbe :called the "council assessment".

b e d s º o t n = .212261.1 s k m e e a n e d r e l u [ A d to be called the "council assessment".

The board shall collect this council assessment [or ] and the federal domestic assessment imposed pursuant to the Beef Promotion and Research Act of 1985 at the same time and in the same manner as the fee charged for the state brand inspection required upon the movement of those cattle.

At the request of the board, the council shall reimburse the board SB 193 Page 1 for the responsible and necessary expenses incurred for such collections and information at not more than four cents ($.04) per [head ] one dollar ($1.00) h collected on only those cattle involved in a transfer of g o t hr ownership and not on refunded council assessments.

g e i k B.

Producers may elect not to participate in the h r i s council assessment for each duly registered New Mexico h , t, livestock brand through an application process.

The e u g e b l e e h application must be in writing, on a form prescribed by the n d d i = = o h council for that purpose.

SCONCºTheIncomplete councilinformation assessmenton an opt-out l ] b ,d i a º e form may bedelay obtained from the councilprocessing byof contacting the council r i = r t e w d m a n o or making an online request for the form.

TheUpon receipt of the completed form, the council dshall mnotify :the board.

b e d s º o t n = .212261.1 s k m e - 2 - e a n e d r e l u [ A d assessment opt-out form shall be sent to producers by United States mail.»SCONC Incomplete information on an opt-out form may delay the processing of the form.

SCONCºThe council assessment opt-out form shall be returned to the council by United States mail, fax or email.»SCONC Upon receipt of the completed form, the council shall notify the board.

SCONCºThe council shall notify the producer requesting the council assessment opt-out within thirty days from the date of receipt of the completed form.»SCONC The council assessment opt-out shall be in effect for three years from the application date.

SCONCºA notice shall be mailed by the council notifying the producer when the three-year opt-out form has expired.»SCONC A producer may revoke the opt-out option at any time by request made through the council." h g SECTION 2.

Section 77-2A-7.3 NMSA 1978 (being Laws 1983, o t hr Chapter 228, Section 5) is amended to read:

g e i k "77-2A-7.3.

REFUNDS.--Any person who has paid a council h r i s assessment is entitled to a refund of the amount paid by making h , t, e u g written application therefor to the council.

The application e b l e e h form shall be returned within thirty days after the inspection n d d i = = o h was made giving rise to the council assessment andSB shall193 lPage ]2 band ,dshall i a º e r i = r contain enough detail to enable the council to find the record t e w d m a n o of payment.

Refunds shall be made within thirty days of the ddate mof :the application unless the proceeds and the necessary information have not been received by the council, in which case the refund shall be made within fifteen days after receipt of the proceeds and necessary information.

bThe eform dshall sbe ºprovided o t n = .212261.1 s k m e - 3 - e a n e d r e l u [ A d date of the application unless the proceeds and the necessary information have not been received by the council,council." inSB which193 casePage the3 refund9 shall25 be made within fifteen days after receipt of the proceeds and necessary information.

The form shall be provided by the [board at the time of inspection ] council." - 4 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .212261.1 s k em e e a n e d r e l u [ A d