0001| .                       HOUSE BILL 275
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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|                        ROBERT A. PERLS
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0006|     
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0007|                                
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0008|     
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0009|     
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0010|     
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0011|                             AN ACT
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0012|     RELATING TO TAXATION; AUTHORIZING IMPOSITION OF A MUNICIPAL
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0013|     TOBACCO PRODUCTS TAX FOR THE PURPOSE OF RAISING REVENUES FOR
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0014|     PUBLIC SCHOOL CONSTRUCTION; ENACTING THE MUNICIPAL TOBACCO
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0015|     PRODUCTS TAX ACT.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|       Section l.  SHORT TITLE.--This act may be cited as the
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0019|     "Municipal Tobacco Products Tax Act".
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0020|       Section 2.  DEFINITIONS.--As used in the Municipal Tobacco
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0021|     Products Tax Act:
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0022|            A.  "cigarette" means any roll of tobacco or any
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0023|     substitute therefor wrapped in paper or any substance other than
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0024|     tobacco;
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0025|            B.  "engaging in business" means carrying on or
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0001|     causing to be carried on any activity with the purpose of direct
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0002|     or indirect benefit;
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0003|            C.  "governing body" means the city council or city
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0004|     commission of a city, the board of trustees of a town or village
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0005|     or the board of county commissioners of an H class county;
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0006|            D.  "municipality" means any incorporated city, town
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0007|     or village and H class county;
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0008|            E.  "person" means any individual or other legal
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0009|     entity; 
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0010|            F.  "price" means the total amount of money or the
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0011|     reasonable value or other consideration or both paid to a
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0012|     retailer for tobacco products;
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0013|            G.  "retailer" means any person engaging in business
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0014|     who sells, offers for sale or possesses for the purpose of
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0015|     selling cigarettes at retail; and
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0016|            H.  "tobacco product" means any product, including
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0017|     cigarettes, made from or containing tobacco.
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0018|       Section 3.  IMPOSITION OF MUNICIPAL TOBACCO PRODUCTS
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0019|     TAX--RATE--ELECTION REQUIRED.--
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0020|            A.  The majority of the members of the governing body
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0021|     of a municipality may enact an ordinance imposing an excise tax
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0022|     on the sale of tobacco products by a retailer within the
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0023|     boundaries of the municipality at a rate not to exceed thirty
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0024|     percent of the price paid for the tobacco products upon which
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0025|     the tax imposed by this subsection has not been paid.  The tax
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0001|     may be imposed in increments of one percent.
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0002|            B.  The tax imposed by this section may be referred
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0003|     to as the "municipal tobacco products tax" and is in addition to
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0004|     the cigarette tax imposed pursuant to the Cigarette Tax Act and
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0005|     the tobacco products tax imposed pursuant to the Tobacco
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0006|     Products Tax Act.
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0007|            C.  The ordinance imposing the municipal tobacco
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0008|     products tax or any increment of the tax shall not go into
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0009|     effect until after the governing body submits the question of
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0010|     imposing the tax to the voters in the municipality and a
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0011|     majority of the voters voting on the question votes in favor of
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0012|     imposing the municipal tobacco products tax.
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0013|            D.  The governing body shall hold the election on the
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0014|     question of imposing the municipal tobacco products tax within
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0015|     sixty days after the adoption of the ordinance.  The question
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0016|     may be submitted to the voters at any regular or special
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0017|     election or at any special election called for that purpose by
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0018|     the governing body.  Any special election shall be called,
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0019|     conducted and canvassed as provided for special municipal
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0020|     elections in the Municipal Election Code.  If a majority of
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0021|     voters voting on the question votes in favor of adoption of the
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0022|     ordinance, the municipal tobacco products tax or increment of
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0023|     the tax shall be imposed.  If the question of imposing a
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0024|     municipal tobacco products tax fails, the governing body shall
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0025|     not again adopt an ordinance imposing a municipal tobacco
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0001|     products tax or increment of the tax for a period of one year
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0002|     after the election.
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0003|            E.  Upon approval by the voters of the municipality
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0004|     of imposition of a municipal tobacco products tax, the governing
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0005|     body shall submit a certified copy of the ordinance to the
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0006|     taxation and revenue department.
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0007|       Section 4.  REGISTRATION REQUIRED.--Every retailer engaging
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0008|     in business within the boundaries of a municipality that imposes
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0009|     a municipal tobacco products tax shall register with the
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0010|     municipality as a retailer.
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0011|       Section 5.  COLLECTION OF MUNICIPAL TOBACCO PRODUCTS 
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0012|     TAX--DATE TAX DUE.--
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0013|            A.  The municipality shall collect the municipal
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0014|     tobacco products tax imposed by the Municipal Tobacco Products
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0015|     Tax Act.  
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0016|            B.  Every retailer subject to the municipal tobacco
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0017|     products tax shall file a tax return on forms provided by and
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0018|     with such information as may be required by the municipality. 
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0019|     The municipal tobacco products tax shall be due on or before the
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0020|     twenty-fifth day of the month following the month in which the
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0021|     tobacco products are sold at retail within the boundaries of the
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0022|     municipality.  
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0023|       Section 6.  USE OF MUNICIPAL TOBACCO PRODUCTS TAX--DISTRIBUTION TO SCHOOL DISTRICTS.--
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0024|            A.  The net receipts from the municipal tobacco
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0025|     products tax shall be used for the design, construction,
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0001|     remodeling, renovation, equipping or furnishing of public
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0002|     schools.  To carry out this purpose, the municipality shall
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0003|     distribute the net receipts from the tax at least quarterly to
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0004|     the school district within the boundaries of the municipality or
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0005|     in equal amounts to the school districts, if there are more than
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0006|     one, within the municipality.
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0007|            B.  The municipality may retain an amount not to
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0008|     exceed five percent of the proceeds from the municipal tobacco
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0009|     products tax as an administrative fee.
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0010|            C.  The local school board of each school district
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0011|     receiving municipal tobacco products tax proceeds shall report
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0012|     annually to the governing body of the municipality on the public
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0013|     school projects funded with the proceeds.
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0014|       Section 7.  ENFORCEMENT OF MUNICIPAL TOBACCO PRODUCTS 
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0015|     TAX.--To enforce the provisions of the Municipal Tobacco
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0016|     Products Tax Act and prevent evasion of the municipal tobacco
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0017|     products tax, the municipality shall require that all tobacco
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0018|     products sold by any retailer within the boundaries of the
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0019|     municipality bear a municipal stamp.  Each person who sells
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0020|     tobacco products to a retailer for resale within the boundaries
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0021|     of the municipality shall affix a municipal stamp to each
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0022|     package or container of tobacco products sold to the retailer
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0023|     for resale and report to the governing body of the municipality
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0024|     the quantities of municipal-stamped tobacco products sold to
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0025|     each retailer for resale in the municipality.
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0001|       Section 8.  EXEMPTION.--
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0002|            A.  Exempted from the municipal tobacco products tax
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0003|     are sales of tobacco products:
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0004|                 (l)  to the United States or any agency or
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0005|     instrumentality thereof or the state of New Mexico or any
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0006|     political subdivision thereof;
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0007|                 (2)  to the governing body or to any enrolled
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0008|     tribal member licensed by the governing body of any Indian
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0009|     nation, tribe or pueblo for use or sale on that reservation or
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0010|     pueblo grant; and
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0011|                 (3)  sales that the state is prohibited from
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0012|     taxing by a provision of the United States constitution or the
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0013|     constitution of New Mexico.
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0014|            B.  As used in this section, "agency or
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0015|     instrumentality" does not include persons who are agents or
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0016|     instrumentalities of the United States for a particular purpose
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0017|     or only when acting in a particular capacity or corporate
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0018|     agencies or instrumentalities.
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0019|       Section 9.  PENALTIES.--
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0020|            A.  The governing body of a municipality imposing a
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0021|     municipal tobacco products tax may provide by ordinance for
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0022|     penalties not exceeding ninety days in jail or a fine of three
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0023|     hundred dollars ($300) for failure to pay the municipal tobacco
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0024|     products tax due, to remit the proceeds of the tax to the
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0025|     municipality or to account for the tobacco products subject to
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0001|     the tax and the tax proceeds as required by the municipality.
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0002|            B.  The governing body of the municipality may
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0003|     provide by ordinance that a retailer is liable for the payment
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0004|     of the proceeds of the municipal tobacco products tax that the
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0005|     retailer failed to remit to the municipality and may provide for
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0006|     a civil penalty for any such failure in an amount not exceeding
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0007|     ten percent of the tax due but not remitted to the municipality
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0008|     but in an amount not less than one hundred dollars ($l00).
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0009|            C.  The municipality may bring an action in district
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0010|     court for the collection of any amount due, including without
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0011|     limitation penalties on that amount, interest on the unpaid
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0012|     balance at a rate not exceeding one percent a month, the costs
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0013|     of collection and reasonable attorneys' fees incurred in
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0014|     connection with the action.
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0015|                                                       State of New Mexico
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0016|                    House of Representatives
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0017|   
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0018|                    FORTY-SECOND LEGISLATURE
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0019|                      SECOND SESSION, 1996
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0020|   
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0021|   
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0022|                                              February 7, 1996
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0023|   
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0024|   
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0025|   Mr. Speaker:
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0001|   
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0002|       Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
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0003|   whom has been referred
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0004|   
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0005|                         HOUSE BILL 275
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0006|                                
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0007|                                 has had it under consideration and reports same with
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0008|   recommendation that it DO NOT PASS, and thence referred to
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0009|   the BUSINESS AND INDUSTRY COMMITTEE.
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0010|   
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0011|                                Respectfully submitted,
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0012|   
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0013|   
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0014|   
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0015|                                                                 
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0016|                               Lynda M. Lovejoy, Chairwoman
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0017|   
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0018|   
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0019|   Adopted                         Not Adopted                      
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0020|   
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0021|            (Chief Clerk)                       (Chief Clerk)
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0022|   
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0023|                      Date             
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0024|   
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0025|   The roll call vote was 6  For 2  Against
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0001|   Yes:          6
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0002|   No:      Pederson, Perls
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0003|   Excused: Macko, Roberts, Wallace
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0004|   Absent:  None
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0005|   
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0006|   
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0007|   
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0008|                                                              
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0009|   H0275GU1
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