ARTICLE 2A
BEEF COUNCIL

Section

77-2A-1.     Short title.
77-2A-2.     Definitions.
77-2A-3.     Beef council created; terms; vacancies.
77-2A-4.     Members’ qualifications.
77-2A-5.     Officers; meetings; expenses.
77-2A-6.     Duties; powers.
77-2A-7.     Funding.
77-2A-7.1.  Assessments.
77-2A-7.2.  Repealed.
77-2A-7.3.  Refunds.
77-2A-8.     Disposition of funds.
77-2A-9.     Procurement Code; Personnel Act; exemption; Tort Claims Act.

77-2A-1. Short title.

Chapter 77, Article 2A NMSA 1978 may be cited as the “New Mexico Beef Council Act”.
     History: Laws 1979, ch. 197, § 1; 1997, ch. 18, § 1.

The 1997 amendment, substituted “Chapter 77, Article 2A NMSA 1978” for “This act” at the beginning of the section. Laws 1997, ch. 18 contains no effective date provision, but, pursuant to N.M. Const. art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for “Adjournment Dates of Sessions of Legislature” table.

77-2A-2. Definitions.

As used in the New Mexico Beef Council Act [this article]:

A. “board” means the New Mexico livestock board;
B. “council” means the New Mexico beef council;
C. “director” means the director of the New Mexico department of agriculture;
D. “department” means the New Mexico department of agriculture; and
E. “producer” means any person engaged in the business of raising, breeding, feeding
     or growing cattle or calves for beef production or for dairy production.
History: Laws 1979, ch. 197, § 2; 1983, ch. 228, § 1.

The 1983 amendment inserted present Subsection A and designated former Subsections A to D as present Subsections B to E.

77-2A-3. Beef council created; terms; vacancies.

There is created the “New Mexico beef council”, consisting of nine members appointed by the director with the approval of the governor for terms of three years or less so that the terms of three members expire on June 30 of each year. Vacancies shall be filled by the director for the unexpired term. The director shall serve as an ex-officio, nonvoting member of the council.
    History: Laws 1979, ch. 197, § 3; 1991, ch. 128, § 1.

    The 1991 amendment, effective April 3, 1991, inserted “nonvoting” in the final sentence.

77-2A-4. Members’ qualifications.

All members of the council shall be producers, citizens of the United States and bona fide residents of New Mexico. Each member shall at the time of his appointment and during his entire term receive a substantial portion of his income from the branch of the business he represents on the council. In making his appointments, the director shall appoint one member to represent fluid milk producers, five to represent beef producers, one to represent breeders of registered purebreds and two to represent commercial cattle feeders. Appointments of council members are to be made from lists of individuals recommended by farm organizations, producer associations and individual producers.
    History: Laws 1979, ch. 197, § 4; 1991, ch. 128, § 2; 1997, ch. 18, § 2.

The 1991 amendment, effective April 3, 1991, substituted “individual producers” for “individuals representing or engaged in the same branch of the industry as the individual recommended” at the end of the section.

The 1997 amendment, in the first sentence, inserted “producers” following “shall be”, deleted “and in some branch of the bovine cattle business” following “New Mexico”, and made a minor stylistic change. Laws 1997, ch. 18 contains no effective date provision, but, pursuant to N.M. Const. art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for “Adjournment Dates of Sessions of Legislature” table.

77-2A-5. Officers; meetings; expenses.

The council shall elect annually a chairman, vice chairman and such other officers as it deems necessary from among its members. The council shall meet at least once each six months, and at such other times as it may be called by the chairman. The council may provide rules for reimbursement of members’ expenses while on official business of the council, but such reimbursement shall in no case exceed the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. Council members shall receive no other compensation, perquisite or allowance.
    History: Laws 1979, ch. 197, § 5.

77-2A-6. Duties; powers

A. The council shall:
(1)     conduct marketing programs, including promotion, education and research programs relating to cattle and beef products;
(2)     submit to the director a detailed annual budget for the council on a fiscal year basis;
(3)     bond officers and employees of the council who receive and disburse council funds;
(4)     keep detailed and accurate records of all receipts and disbursements, have those records audited annually and keep the audit available for inspection in the council office;
(5)     establish procedures for the adoption of regulations that will provide for input from producers;
(6)     determine and publish each year the assessment rates to be collected by the board; and
(7)     employ staff not to exceed four persons.

B. The council may:
(1)     contract for scientific research to discover and improve the commercial value of beef and products thereof;
(2)     disseminate reliable information showing the value of beef and its products for any purpose for which they may be found useful and profitable;
(3)     make grants to research agencies for financing studies or for the purchase or acquisition of facilities necessary to carry out the purposes of the council as authorized by the New Mexico Beef Council Act [this article];
(4)     cooperate with any local, state or national organizations or agencies, whether created by law or voluntary, engaged in work or activities similar to that of the council and enter into contracts with those organizations or agencies and expend funds in connection therewith for carrying on joint programs;
(5)     study legislation, state and federal, with respect to tariffs, duties, reciprocal trade agreements, import quotas and other matters concerning the effect on the beef industry and represent and protect the interests of the beef industry with respect to any legislation or proposed legislation or executive action that may affect that industry;
(6)     enter into contracts that it deems appropriate to the carrying out of the purposes of the council as authorized by that act;
(7)     sue and be sued as a council without individual liability for acts of the council within the scope of the powers conferred upon it by that act;
(8)     appoint subordinate officers and employees of the council, prescribe their duties and fix their compensation;
(9)     adopt regulations for the exercise of its powers and duties. A copy of all council regulations shall be filed with the department; and
(10)   cooperate with other state beef councils or agencies in the collection of assessments.
   History: Laws 1979, ch. 197, § 6; 1983, ch. 228, § 2; 1991, ch. 128, § 3; 1997, ch. 18, § 3.

The 1983 amendment, in Subsection A, deleted ‘bovine” preceding ‘cattle and beef products’ in Paragraph (1) and added Paragraphs (6) and (7).

The 1991 amendment, effective April 3, 1991, in Subsection A, deleted “for approval” following “director” in Paragraph (2) and substituted “four persons” for “three persons” in Paragraph (7); and made minor stylistic changes throughout the section.

The 1997 amendment, in Paragraph A(1), substituted “conduct marketing programs, including promotion, education and research programs relating to” for “conduct public relations programs promoting’, in Paragraph A(2), deleted the language providing a copy of the budget to persons who have paid or contributed to the council, and made a stylistic change in Paragraph B(6). Laws 1997, ch. 18 contains no effective date provision, but, pursuant to N.M. Const. art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for “Adjournment Dates of Sessions of Legislature” table.

Budget process. - Although it requires budget approval by the director of the department of agriculture, the beef council remains a separate entity, and, after approval by the director, the council should submit its budget to the state budget division as the law requires all state agencies to do. 1987 Op. Att’y Gen. No. 87-44 (rendered prior to 1991 amendment).

77-2A-7. Funding.

In order to accomplish the purposes of the New Mexico Beef Council Act [this article], the council is empowered to:

A.     receive any funds which may be returned to the New Mexico cattle industry as its share of assessments collected by a national beef industry research council or any similar entity;
B.     accept grants, donations, contributions or gifts from any source for expenditure for any purpose consistent with the powers and duties conferred on the council; and
C.     receive any other funds that may be authorized by law.
    History: Laws 1979, ch. 197, § 7.

Council to submit budget to budget division. - The legislature has approved a special source for the council’s funds, separate and apart from the state’s general funds, and has established the council’s method of disbursal. The council nevertheless must submit its budget to the budget division for approval. This provision insures that the legislature is apprised accurately of council expenditures even though separate action on the council budget is not required at each session. 1987 Op. Att’y Gen. No. 87-44.

77-2A-7.1. Assessments.

There is levied and imposed upon all cattle involved in a transfer of ownership in this state an assessment to be called the “council assessment”. The council assessment is to be fixed by the council at a rate of not more than one dollar ($1.00) per head. The board shall collect this council assessment or the federal domestic assessment imposed pursuant to the Beef Promotion and Research Act of 1985 at the same time and in the same manner as the fee charged for the state brand inspection required upon the movement of those cattle. The board shall not deliver the certificate of inspection or permit the cattle to move until all fees have been paid. The proceeds of the council assessment shall be remitted by the board to the council at the end of each month, along with information that will allow the council to make necessary refunds. At the request of the board, the council shall reimburse the board for the responsible and necessary expenses incurred for such collections and information at not more than four cents ($.04) per head on only those cattle involved in a transfer of ownership.
    History: Laws 1983, ch. 228, § 3; 1991, ch. 128, § 4; 1997, ch. 18, § 4.

The 1991 amendment, effective April 3, 1991, inserted “or the federal domestic assessment imposed pursuant to the Beef Promotion and Research Act of 1985, 7 U.S.C. 1601” in the third sentence; added “and not less than four cents ($.04) per head on only those cattle involved in a transfer of ownership” at the end of the section; and made a minor stylistic change.

The 1997 amendment, in the first sentence, substituted “cattle involved in a transfer of ownership in this state an assessment” for “cattle inspected by the board an additional assessment”, in the second sentence substituted “one dollar ($1.00)” for “twenty-five cents ($.25) and deleted “on only those cattle involved in a transfer of ownership” at the end, added “At the request of the board” at the beginning of the last sentence, and made minor stylistic changes. Laws 1997, ch. 18 contains no effective date provision, but, pursuant to N.M. Const. art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for “Adjournment Dates of Sessions of Legislature” table.

Meaning of “board”. - The reference to “board” throughout this section apparently means the New Mexico livestock board. See 77-2-2 NMSA 1978.

Beef Promotion and Research Act of 1985. - The federal Beef Promotion and Research Act, referred to in this section, is codified as 7 U.S.C. § 2901 et seq.

Council to submit budget to budget division. - The legislature has approved a special source for the council’s funds, separate and apart from the state’s general funds, and has established the council’s method of disbursal. The council nevertheless must submit its budget to the budget division for approval. This provision insures that the legislature is apprised accurately of council expenditures even though separate action on the council budget is not required at each session. 1987 Op. Att’y Gen. No. 87-44.

77-2A-7.2. Repealed.

Repeals. - Laws 1997, ch. 18, § 5 repeals § 77-2A-7.2 NMSA 1978, as amended by Laws 1991, ch. 128, § 5, relating to termination of council assessment. For provisions of former section, see 1993 Replacement Pamphlet. Laws 1997, ch. 18 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for “Adjournment Dates of Sessions of Legislature” table.

77-2A-7.3. Refunds.

Any person who has paid a council assessment is entitled to a refund of the amount paid by making written application therefor to the council. The application form shall be returned within thirty days after the inspection was made giving rise to the council assessment and shall contain enough detail to enable the council to find the record of payment. Refunds shall be made within thirty days of the date of 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. The form shall be provided by the [New Mexico livestock] board at the time of inspection.
    History: Laws 1983, ch. 228, § 5.

Meaning of “board”. - The reference to ‘board” in the last sentence apparently means the New Mexico livestock board. See 77-2-2 NMSA 1978.

77-2A-8. Disposition of funds.

A. All funds received by the council shall be received and disbursed directly by the council. Such funds shall be audited in accordance with the provisions of the Audit Act [12-6-1 to 12-6-14 NMSA 1978]. The council is not required to submit vouchers, purchase orders or contracts to the department of finance and administration as otherwise required by Section 6-5-3 NMSA 1978.

B. The council shall issue warrants against funds of the council in payment of its lawful obligations. The council shall provide its own warrants, purchase orders and contract forms as well as other supplies and equipment. All warrants shall be signed by a council member and one other person designated by the council.

C. The council shall designate banks where its funds are to be deposited, provided such banks have been qualified as depository banks for state funds. 
    History: Laws 1979, ch. 197, § 8; 1991, ch. 128, § 6.

The 1991 amendment, effective April 3, 1991, deleted “according to procedures approved by the director and subject to audit by the director in his discretion” at the end of the first sentence and inserted the second sentence in Subsection A and substituted “a council member and one other person” for “two officers or employees” in the third sentence in Subsection B.

Council to submit budget to budget division. - The legislature has approved a special source for the council’s funds, separate and apart from the state’s general funds, and has established the council’s method of disbursal. The council nevertheless must submit its budget to the budget division for approval. This provision insures that the legislature is apprised accurately of council expenditures even though separate action on the council budget is not required at each session. 1987 Op. Att’y Gen. No. 87-44.

77-2A-9. Procurement Code; Personnel Act; exemption; Tort Claims Act.

The council is exempt from the operation of the Procurement Code and the Personnel Act. The council members and employees shall be subject to 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, general services department, state of New Mexico. 
    History: Laws 1979, ch. 197, § 9; 1991, ch. 128, § 7.

The 1991 amendment, effective April 3, 1991, substituted “Procurement Code” for “Public Purchases Act” in the first sentence and rewrote the second sentence, which read “The council members and their employees are public employees for the purposes of the Tort Claims Act”.

Personnel Act. - See 10-9-1 NMSA 1978 and notes thereto.

Procurement Code. - See 13-1-28 NMSA 1978 and notes thereto.

(c) 1978-1997 by The State of New Mexico and Michie, a division of Reed Elsevier Inc. and Reed Elsevier Properties Inc. All Rights Reserved.

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