A. 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 ($1.00) per head. The board shall collect this council assessment and the federal domestic assessment imposed pursuant to the Beef Promotion and Research Act of 1985 at the same time and in the same manner as the fee charged for the state brand inspection required upon the movement of those cattle. The board shall not deliver the certificate of inspection or permit the cattle to move until all fees have been paid. The proceeds of the council assessment shall be remitted by the board to the council at the end of each month, along with information that will allow the council to make necessary refunds. At the request of the board, the council shall reimburse the board for the responsible and necessary expenses incurred for such collections and information at not more than four cents ($.04) per one dollar ($1.00) collected on only those cattle involved in a transfer of ownership and not on refunded council assessments.

B. Producers may elect not to participate in the council assessment for each duly registered New Mexico livestock brand through an application process. The application must be in writing, on a form prescribed by the council for that purpose. Incomplete information on an opt-out form may delay the processing of the form. Upon receipt of the completed form, the council shall notify the board. The board shall enter the request in the board brand database in order to stop collection of the council assessment for the given brand. The council assessment opt-out shall be in effect for three years from the application date. A producer may revoke the opt-out option at any time by request made through the council.

History: Laws 1983, ch. 228, § 3; 1991, ch. 128, § 4; 1997, ch. 18, § 4; 2019, ch. 36, § 1.

Cross references. — For the federal Beef Promotion and Research Act, see 7 U.S.C. § 2901 et seq.

The 2019 amendment, effective June 14, 2019, provided beef and dairy producers with the option to opt out of the council assessment; in the section heading, added "council assessment opt-out"; after "The board shall collect this council assessment", deleted "or" and added "and", after "($.04) per", deleted "head" and added "one dollar ($1.00) collected", and after "transfer of ownership", added "and not on refunded council assessments"; and added Subsection B.

The 1997 amendment, effective June 20, 1997, 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.

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.

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.