Sheep and Goats

NMSA 1978 ch. 77, art. 8A

in effect

NMSA 1978, § 77-8A-1 Short title

77-8A-1. Short title This act [77-8A-1 to 77-8A-11 NMSA 1978] may be cited as the "New Mexico Sheep and Goat Act". Laws 1997, ch. 99, § 1 and Laws 1997, ch. 147, § 1.

NMSA 1978, § 77-8A-2 Definitions

77-8A-2. Definitions As used in the New Mexico Sheep and Goat Act: A. "board" means the New Mexico livestock board; B. "council" means the New Mexico sheep and goat council; C. "department" means the New Mexico department of agriculture; D. "director" means the director of the New Mexico department of agriculture; E. "handler" means any producer, processor, distributor or other person engaged in handling, marketing or dealing in sheep or haired goats or their products; and F. "producer" means any person engaged in the business of raising, breeding, feeding or growing sheep or haired goats. Laws 1997, ch. 99, § 2 and Laws 1997, ch. 147, § 2.

NMSA 1978, § 77-8A-3 Sheep and goat council created; election; vacancies; ex-officio members

77-8A-3. Sheep and goat council created; election; vacancies; ex-officio members A. There is created the "New Mexico sheep and goat council", consisting of seven members. Members shall be elected by producers from nominations made to the director by producers or producer organizations. B. The initial members of the council shall be elected as follows: (1) two members for one-year terms; (2) two members for two-year terms; and (3) three members for three-year terms. C. Thereafter, each member shall be elected for a term ending three years from the date of expiration of the term for which his predecessor was elected, except in case of a vacancy, when the appointee shall serve the unexpired part of the term of the member whom he replaces. Vacancies shall be filled by appointment by the director from nominations made by producers and producer organizations. The director shall serve as an ex-officio, nonvoting member of the council. Laws 1997, ch. 99, § 3 and Laws 1997, ch. 147, § 3.

NMSA 1978, § 77-8A-4 Council member qualifications

77-8A-4. Council member qualifications A. Each member of the council shall have the following qualifications, which shall continue during his term of office: (1) be actively engaged in sheep or goat production; or (2) be in some branch of the sheep or haired goat business and during his entire term receive a substantial portion of his income from the sheep or haired goat business. B. Members of the council shall be elected according to the following plan: two producers from northern New Mexico in areas north of interstate 40, four producers from southern New Mexico in areas south of interstate 40 and one handler of sheep or haired goats or their products. Laws 1997, ch. 99, § 4 and Laws 1997, ch. 147, § 4.

NMSA 1978, § 77-8A-5 Officers; meetings; expenses

77-8A-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. Laws 1997, ch. 99, § 5 and Laws 1997, ch. 147, § 5.

NMSA 1978, § 77-8A-6 Duties; powers

77-8A-6. Duties; powers A. The council shall: (1) conduct marketing programs, including promotion, education and research, promoting sheep and haired goat products; (2) submit to the director a detailed annual budget for the council on a fiscal-year basis and provide a copy of the budget upon request to any person who has paid an assessment or made a contribution under the New Mexico Sheep and Goat Act; (3) bond officers and employees of the council who receive and disburse council funds; (4) keep detailed and accurate records for 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 three persons. B. The council may: (1) contract for scientific research to discover and improve the commercial value of sheep and haired goats and products thereof; (2) disseminate information showing the value of sheep and haired goats and products for any purpose for which they may be found useful and profitable; (3) fund programs to enhance the efficiencies of sheep and haired goat production; (4) 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 Sheep and Goat Act; (5) 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; (6) study federal and state legislation with respect to tariffs, duties, reciprocal trade agreements, import quotas and other matters concerning the effect on the sheep and haired goat industry and represent and protect the interests of the industry with respect to any legislation or proposed legislation or executive action that may affect that industry; (7) enter into contracts that it deems appropriate to the carrying out of the purposes of the council as authorized by the New Mexico Sheep and Goat Act; (8) 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 the New Mexico Sheep and Goat Act; (9) appoint subordinate officers and employees of the council and prescribe their duties and fix their compensation; (10) adopt regulations for the exercise of its powers and duties. A copy of all council regulations shall be filed with the department; and (11) cooperate with other state councils or agencies in the collection of assessments. Laws 1997, ch. 99, § 6 and Laws 1997, ch. 147, § 6.

NMSA 1978, § 77-8A-7 Funding

77-8A-7. Funding In order to accomplish the purposes of the New Mexico Sheep and Goat Act, the council is empowered to: A. receive any funds that may be returned to the New Mexico sheep and haired goat industry as its share of assessments collected by a national sheep promotion research and information board 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. Laws 1997, ch. 99, § 7 and Laws 1997, ch. 147, § 7.

NMSA 1978, § 77-8A-8 Assessments

77-8A-8. Assessments There is levied and imposed upon all sheep and haired goats involved in a transfer of ownership in the state an assessment to be called the "council assessment". The council assessment is to be fixed by the council at a rate not more than seventy-five cents ($.75) per head. The board shall collect this council assessment at the same time and in the same manner as the fee charged for the state inspection required upon the movement of those sheep and haired goats. The board shall not deliver the certificate of inspection or permit the sheep or haired goats 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 reasonable and necessary expenses incurred for such collections and information not to exceed four percent of collections on those sheep and haired goats involved in a transfer of ownership. Laws 1997, ch. 99, § 8 and Laws 1997, ch. 147, § 8.

NMSA 1978, § 77-8A-9 Refunds

77-8A-9. Refunds Any person who has paid a council assessment is entitled to a refund of the amount paid by making written application for the refund 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 board at the time of inspection. Laws 1997, ch. 99, § 9 and Laws 1997, ch. 147, § 9.

NMSA 1978, § 77-8A-10 Disposition of funds

77-8A-10. 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. Laws 1997, ch. 99, § 10 and Laws 1997, ch. 147, § 10.

NMSA 1978, § 77-8A-11 Procurement Code; Personnel Act; exemptions; Tort Claims Act

77-8A-11. Procurement Code; Personnel Act; exemptions; Tort Claims Act The council is exempt from the provisions 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 of the general services department. Laws 1997, ch. 99, § 11 and Laws 1997, ch. 147, § 11.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18580/index.doFetched: 10/20/2026