0001| HOUSE BILL 55
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| DEBBIE A. RODELLA
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0006|
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0007|
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0008| FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO COMMUNICATIONS; AMENDING SECTIONS OF THE
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0013| TELECOMMUNICATIONS ACCESS ACT.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 63-9F-3 NMSA 1978 (being Laws 1993,
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0017| Chapter 54, Section 3) is amended to read:
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0018| "63-9F-3. DEFINITIONS.--As used in the Telecommunications
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0019| Access Act:
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0020| A. "commission" means the commission for deaf and
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0021| hard-of-hearing persons;
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0022| B. "communications assistant" means an individual
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0023| who translates conversation from text to voice and from voice to
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0024| text between two end users of a telecommunications service;
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0025| C. "department" means the general services
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0001| department;
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0002| D. "impaired" means having an impairment of or
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0003| deficit in the ability to hear or speak, or both;
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0004| E. "intrastate telephone services" means all charges
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0005| for access lines, special services and intrastate toll services;
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0006| F. "specialized telecommunications equipment" means
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0007| devices that when connected to a telephone enable or assist an
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0008| impaired individual to communicate with another individual using
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0009| the telephone network;
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0010| G. "telecommunications company" means an individual,
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0011| corporation, partnership, joint venture, company, firm,
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0012| association, proprietorship or other entity [which] that
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0013| provides public telecommunications services, and includes
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0014| cellular service companies as defined in Subsection B of Section
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0015| 63-9B-3 NMSA 1978 [but does not include radio-paging service];
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0016| and
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0017| H. "telecommunications relay system" means a
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0018| statewide telecommunications system through which an impaired
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0019| individual using specialized telecommunications equipment is
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0020| able to send or receive messages to and from an individual who
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0021| is not impaired and whose telephone is not equipped with
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0022| specialized telecommunications equipment and through which the
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0023| unimpaired individual is able, by using voice communications, to
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0024| send and receive messages to and from an impaired person."
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0025| Section 2. Section 63-9F-11 NMSA 1978 (being Laws 1993,
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0001| Chapter 54, Section 11) is amended to read:
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0002| "63-9F-11. IMPOSITION OF SURCHARGE.--
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0003| A. A telecommunications relay service surcharge of
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0004| thirty-three one hundredths of one percent is imposed on the
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0005| gross amount paid by customers for intrastate telephone services
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0006| provided in this state. The surcharge shall be included on the
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0007| monthly bill of each customer of a local exchange company or
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0008| other telecommunications company providing intrastate telephone
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0009| services and paid at the time of payment of the monthly bill.
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0010| Receipts from selling a service to any other telecommunications
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0011| company or provider for resale shall not be subject to the
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0012| surcharge. The customer shall be liable for the payment of this
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0013| surcharge to the local exchange company or other
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0014| telecommunications company providing intrastate telephone
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0015| services to the customer.
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0016| B. Every telecommunications company [except a
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company contributing to the interstate relay service]
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0018| providing intrastate telephone services shall be responsible
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0019| for assessing, collecting and remitting the telecommunications
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0020| relay service surcharge to the taxation and revenue department.
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0021| The amount of the telecommunications relay service surcharge
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0022| collected by a telecommunications company shall be remitted
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0023| monthly to the taxation and revenue department, on or before the
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0024| twenty-fifth of the month following collection, which shall
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0025| administer and enforce the collection of the surcharge pursuant
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0001| to the provisions of the Tax Administration Act.
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0002| C. The taxation and revenue department shall remit
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0003| to the telecommunications access fund the amount of the
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0004| telecommunications relay service surcharge collected less any
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0005| amount deducted pursuant to the provisions of Subsection D of
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0006| this section. Transfer of the net receipts from the surcharge
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0007| to the telecommunications access fund shall be made within the
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0008| month following the month in which the surcharge is collected.
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0009| D. The taxation and revenue department may deduct an
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0010| amount not to exceed three percent of the telecommunications
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0011| relay service surcharge collected as a charge for the
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0012| administrative costs of collection, which amount shall be
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0013| remitted to the state treasurer for deposit in the general fund
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0014| each month.
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0015| E. The general services department shall report to
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0016| the revenue stabilization and tax policy committee annually by
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0017| September 30 the following information with respect to the prior
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0018| fiscal year:
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0019| (1) the amount and source of revenue received
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0020| by the telecommunications access fund;
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0021| (2) the amount and category of expenditures
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0022| from the fund; and
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0023| (3) the balance of the fund on that June 30."
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0024| Section 3. EFFECTIVE DATE.--The effective date of the
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0025| provisions of this act is July 1, 1996.
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0001| State of New Mexico
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0002| House of Representatives
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0003|
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0004| FORTY-SECOND LEGISLATURE
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0005| SECOND SESSION, 1996
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0006|
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0007|
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0008| February 2, 1996
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0009|
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0010|
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0011| Mr. Speaker:
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0012|
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0013| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0014| been referred
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0015|
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0016| HOUSE BILL 55
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0017|
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0018| has had it under consideration and reports same with
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0019| recommendation that it DO PASS, amended as follows:
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0020|
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0021| 1. On page 2, line 4, after the first occurrence of
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0022| "services" insert ", including all calls originating and
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0023| terminating in the state,".,
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0024|
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0025| and thence referred to the APPROPRIATIONS AND FINANCE
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0001| COMMITTEE.
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0002|
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0003| Respectfully submitted,
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0004|
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0005|
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0006|
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0007|
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0008| Jerry W. Sandel, Chairman
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0009|
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0010|
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0011| Adopted Not Adopted
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0012|
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0013| (Chief Clerk) (Chief Clerk)
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0014|
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0015| Date
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0016|
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0017| The roll call vote was 9 For 0 Against
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0018| Yes: 9
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0019| Excused: Crook, Gallegos, Lovejoy, Stell
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0020| Absent: None
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0021|
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0022|
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0023| .110781.1
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0024| HOO55TR1 State of New Mexico
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0025| House of Representatives
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0001|
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0002| FORTY-SECOND LEGISLATURE
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0003| SECOND SESSION, 1996
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0004|
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0005|
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0006| February 5, 1996
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0012| whom has been referred
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0013|
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0014| HOUSE BILL 55, as amended
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS.
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0018|
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0019| Respectfully submitted,
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0020|
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0021|
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0022|
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0023|
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0024| Max Coll, Chairman
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0025|
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0001|
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0002| Adopted Not Adopted
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0003|
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006| Date
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0007|
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0008| The roll call vote was 12 For 0 Against
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0009| Yes: 12
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0010| Excused: Coll, Gentry, Knowles, Picraux, Taylor, Townsend
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0011| Absent: none
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0012|
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0013|
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0014|
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0015| H0055AF1
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0016|
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0017| FORTY-SECOND LEGISLATURE
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0018| SECOND SESSION, 1996
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0019|
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0020|
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0021| February 12, 1996
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0022|
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0023| Mr. President:
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0024|
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0025| Your WAYS AND MEANS COMMITTEE, to whom has been
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0001| referred
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0002|
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0003| HOUSE BILL 55, as amended
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO PASS.
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012| __________________________________
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0013| TITO D. CHAVEZ, Chairman
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0014|
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0015|
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0016|
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0017| Adopted_______________________ Not Adopted_______________________
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0018| (Chief Clerk) (Chief Clerk)
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0019|
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0020|
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0021|
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0022| Date ________________________
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0023|
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0024|
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0025| The roll call vote was 6 For 0 Against
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0001| Yes: 6
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0002| No: 0
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0003| Excused: Campos, Romero
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0004| Absent: None
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0005|
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0006|
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0007| H0055WM1
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0008|
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