Actions: [1] SCONC/SJC-SCONC [8] DNP-CS/DP-SJC
Scheduled: Not Scheduled
Senate Bill 56 (SB 56) enacts a new section of the Livestock Code to restrict access to certain information during an epidemic.Legislation Overview:
Senate Bill 56 (SB 56) enacts a new section of the Livestock Code to restrict access to certain information during an epidemic as specified below. SECTION 1 adds a new section of The Livestock Code, Section 77-3-13.1 NMSA 1978, is enacted to read: "77-3-13.1.RESTRICTIONS ON INFORMATION ACCESS. A. When the board or any of its authorized representatives finds that a disease has become epidemic or exists in a locality in a country, state or territory beyond the limits of this state, the board or any of its authorized representatives may deny access to the following information regarding persons involved with the livestock industry if the dissemination of such information would cause harm to such persons or would be contrary to the public interest: (1) specific operational details of livestock operations, including those specified in this subsection. (2) information related to livestock disease or injury that: (a) would identify a person or location; or (b) contains confidential data pursuant to the veterinarian-patient-client privilege; and (3) records of ongoing investigations that pertain to livestock. B. Information shall not be withheld pursuant to Subsection A if an investigation by the board has concluded and the person being investigated is found to have violated any provision of The Livestock Code. C. If access to information is denied pursuant to Subsection A, the board shall redact confidential information and make the remaining information available for disclosure. D. Nothing in this section shall be construed to authorize the board to obtain information not otherwise permitted by law. E. Nothing in this section shall: (1) preclude a person in interest from accessing the person's own information; (2) prevent the release of biological livestock samples to authorized third-party entities for scientific testing, so long as the testing entity agrees to maintain the confidentiality of the information it receives; or (3) apply when the board determine that disclosure of livestock information is necessary to prevent or address an immediate threat to the health and safety of a person or animal. F. When disclosing information pursuant to Subsection E, the board shall release only as much information as is necessary to address the situation.Amendments:
Senate Bill 56 is substituted by Senate Conservation Committee as follows: SB 56/CS has the title of the bill expanded to specify livestock owners, their animals and their operations during investigations and responses to animal health events. SECTION 1. A new section of The Livestock Code is enacted to read: RESTRICTIONS ON INFORMATION ACCESS. Subsection A is substantially rewritten, as follows: A.When the board or any of its authorized representatives determines that a disease or an animal health event affecting livestock has a significant economic impact or is zoonotic, fatal or highly injurious to livestock or fowl of any kind, the board or any of its authorized representatives shall restrict access to the information regarding persons or animals involved with the livestock industry if the board or authorized representatives believe protection of that information would encourage producer participation in quickly identifying, isolating and controlling a disease or condition affecting the health of livestock and subsequently affecting security of the food supply. Specific details of livestock operations related to the investigation of disease or animal health events may include: (1) ownership; (2) number of livestock owned; (3) locations of livestock more specific than level of county or region of the state; (4) movement of livestock; (5) financial information; (6) the purchase and sale of livestock; (7) account numbers or unique identifiers issued by government or private entities; (8) operational protocols, including herd management plans that contain biosecurity details and critical infrastructure that would expose vulnerabilities in an operation that can be exploited for the purpose of malicious intent; and (9) records obtained from private veterinarians that are considered confidential data pursuant to board regulations. In SB 56/CS the original A(2) is deleted, which included reference to information related to livestock disease or injury that would identify a person or location or contains confidential data pursuant to the veterinarian-patient-client privilege The original SB 56, Subsection B, which stated that information shall not be withheld if an investigation by the board has concluded and the person being investigated is found to have violated any provision of the Livestock Code, is deleted from SB 56/CS. The original Subsection C of SB 56 is deleted. Subsection C allowed the board, if access is denied pursuant to Subsection A, to redact confidential information and make the remaining information available. SB 56/CS Subsection B and C read as follows: B. Nothing in this section shall be construed to authorize the board or any of its authorized representatives to obtain information not otherwise permitted by law. C. Nothing in this section shall: (1) preclude a person of interest from accessing the person's own information; or (2) prevent the release of information to state or federal agencies involved in response to livestock disease or animal health events, including any disease or condition of public health significance.” Subsection E(3) of SB 56, which would allow the board to determine that disclosure of livestock information is necessary to prevent or address an immediate threat to the health and safety of a person or animal, is deleted. SB 56, Subsection F is deleted.Committee Substitute:
Senate Bill 56 is substituted by Senate Conservation Committee as follows: SB 56/CS has the title of the bill expanded to specify livestock owners, their animals and their operations during investigations and responses to animal health events. SECTION 1. A new section of The Livestock Code is enacted to read: RESTRICTIONS ON INFORMATION ACCESS. Subsection A is substantially rewritten, as follows: A.When the board or any of its authorized representatives determines that a disease or an animal health event affecting livestock has a significant economic impact or is zoonotic, fatal or highly injurious to livestock or fowl of any kind, the board or any of its authorized representatives shall restrict access to the information regarding persons or animals involved with the livestock industry if the board or authorized representatives believe protection of that information would encourage producer participation in quickly identifying, isolating and controlling a disease or condition affecting the health of livestock and subsequently affecting security of the food supply. Specific details of livestock operations related to the investigation of disease or animal health events may include: (1) ownership; (2) number of livestock owned; (3) locations of livestock more specific than level of county or region of the state; (4) movement of livestock; (5) financial information; (6) the purchase and sale of livestock; (7) account numbers or unique identifiers issued by government or private entities; (8) operational protocols, including herd management plans that contain biosecurity details and critical infrastructure that would expose vulnerabilities in an operation that can be exploited for the purpose of malicious intent; and (9) records obtained from private veterinarians that are considered confidential data pursuant to board regulations. In SB 56/CS the original A(2) is deleted, which included reference to information related to livestock disease or injury that would identify a person or location or contains confidential data pursuant to the veterinarian-patient-client privilege The original SB 56, Subsection B, which stated that information shall not be withheld if an investigation by the board has concluded and the person being investigated is found to have violated any provision of the Livestock Code, is deleted from SB 56/CS. The original Subsection C of SB 56 is deleted. Subsection C allowed the board, if access is denied pursuant to Subsection A, to redact confidential information and make the remaining information available. SB 56/CS Subsection B and C read as follows: B. Nothing in this section shall be construed to authorize the board or any of its authorized representatives to obtain information not otherwise permitted by law. C. Nothing in this section shall: (1) preclude a person of interest from accessing the person's own information; or (2) prevent the release of information to state or federal agencies involved in response to livestock disease or animal health events, including any disease or condition of public health significance.” Subsection E(3) of SB 56, which would allow the board to determine that disclosure of livestock information is necessary to prevent or address an immediate threat to the health and safety of a person or animal, is deleted. SB 56, Subsection F is deleted.