0001| SENATE BILL 128
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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| JANICE D. PASTER
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0006|
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0007|
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0008|
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0009| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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0010|
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0011| AN ACT
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0012| MAKING APPROPRIATIONS FOR THE PURPOSE OF PROVIDING AN ARRAY OF
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0013| SERVICES TO CHILDREN AT RISK OF BEING REFERRED OR CHILDREN
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0014| REFERRED TO THE JUVENILE JUSTICE DIVISION OF THE CHILDREN, YOUTH
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0015| AND FAMILIES DEPARTMENT; PROVIDING FOR CAPITAL EXPENDITURES;
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0016| AUTHORIZING THE ISSUANCE OF SEVERANCE TAX BONDS.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. ARRAY OF SERVICES AND PROGRAMS FOR CHILDREN AT
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0020| RISK OF BEING REFERRED OR CHILDREN REFERRED TO THE JUVENILE
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0021| JUSTICE DIVISION OF THE CHILDREN, YOUTH AND FAMILIES
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0022| DEPARTMENT--FINDINGS.--
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0023| A. The legislature finds that it is in the interest
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0024| of the state to continue to make available a wide array of
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0025| comprehensive and effective services, programs and facilities
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0001| for children at risk of being referred or children referred to
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0002| the juvenile justice division of the children, youth and
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0003| families department.
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0004| B. It is the intent of the legislature that a
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0005| balanced and restorative juvenile justice system be premised
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0006| upon the guiding principles of community protection,
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0007| accountability and competency development.
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0008| C. It is the intent of the legislature that juvenile
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0009| justice services and programs be:
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0010| (1) provided by state employees; or
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0011| (2) provided via contracts for the services or
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0012| programs, pursuant to the provisions of the Procurement Code.
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0013| D. It is the intent of the legislature that when the
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0014| children, youth and families department contemplates enlarging
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0015| or changing the operation of an existing juvenile justice
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0016| facility, express legislative approval be given prior to the
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0017| enlargement or change.
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0018| Section 2. ARRAY OF SERVICES AND PROGRAMS FOR CHILDREN AT
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0019| RISK OF BEING REFERRED OR CHILDREN REFERRED TO THE JUVENILE
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0020| JUSTICE DIVISION OF THE CHILDREN, YOUTH AND FAMILIES
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0021| DEPARTMENT--APPROPRIATIONS.--
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0022| A. To provide an array of services and programs for
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0023| children at risk of being referred or children referred to the
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0024| juvenile justice division of the children, youth and families
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0025| department, the following amounts are appropriated from the
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0001| general fund to the children, youth and families department for
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0002| expenditure in fiscal year 1997 for the following purposes:
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0003| (1) two hundred fifty thousand dollars
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0004| ($250,000) for the purpose of contracting with community-based
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0005| providers for the provision of community and victim restoration
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0006| programs, including mentoring programs, mediation programs and
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0007| community involvement programs;
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0008| (2) eight hundred thirty-two thousand dollars
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0009| ($832,000) for the purpose of hiring eighteen additional
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0010| full-time employees to provide informal probation services.
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0011| The informal probation services shall include the provision of
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0012| front-end services, early intervention services and diversionary
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0013| services to children at risk of being referred or children
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0014| referred to the juvenile justice division of the children, youth
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0015| and families department;
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0016| (3) two hundred fifty-six thousand dollars
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0017| ($256,000) for the purpose of contracting with community-based
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0018| providers for the provision of family preservation programs for
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0019| children at risk of being removed from their homes;
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0020| (4) one hundred ninety thousand dollars
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0021| ($190,000) for the purpose of providing a statewide sex offender
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0022| program for children adjudicated or at risk of being adjudicated
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0023| for a sexual offense. The statewide sex offender program for
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0024| children shall include program services at the New Mexico boys'
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0025| school, the New Mexico girls' school and the youth diagnostic
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0001| and development center. The statewide sex offender program
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0002| shall also provide assessment services, treatment services and
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0003| aftercare services;
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0004| (5) nine hundred sixty-four thousand dollars
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0005| ($964,000) for the purpose of expanding the statewide operation
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0006| of assessment and diagnostic units. The appropriation shall
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0007| include money for converting two full-time employees from term
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0008| to permanent employees and hiring nine additional full-time
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0009| employees to ensure that each judicial district in the state has
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0010| an assessment and diagnostic unit;
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0011| (6) one million two hundred thousand dollars
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0012| ($1,200,000) for the purpose of contracting for the operation of
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0013| juvenile community corrections programs that are specifically
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0014| designed to reintegrate into their own homes or communities
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0015| children currently placed in institutions operated by the
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0016| juvenile justice division of the children, youth and families
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0017| department;
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0018| (7) seven hundred thirty-seven thousand dollars
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0019| ($737,000) for the purpose of hiring additional juvenile
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0020| intensive probation supervision officers statewide, including:
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0021| (a) eight additional surveillance
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0022| officers, to be placed in eight different communities, to assist
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0023| with juvenile intensive probation supervision or juvenile
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0024| surveillance supervision;
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0025| (b) three additional juvenile intensive
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0001| supervision teams for high commitment areas; and
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0002| (c) two additional violence intervention
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0003| program service treatment teams;
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0004| (8) five hundred thousand dollars ($500,000)
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0005| for the purpose of providing nonsecure alternatives to
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0006| detention, including adolescent shelters, home monitoring
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0007| programs, home detention programs, electronic monitoring
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0008| programs and day reporting centers; and
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0009| (9) seventy-five thousand dollars ($75,000) for
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0010| the purpose of recruiting, training and providing ten foster
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0011| homes for children referred to the juvenile justice division of
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0012| the children, youth and families department. The foster homes
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0013| shall be reimbursed at the special needs foster home rate.
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0014| B. Any unexpended or unencumbered balance remaining
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0015| at the end of fiscal year 1997 shall revert to the general fund.
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0016| Section 3. JUVENILE JUSTICE DIVISION OF THE CHILDREN,
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0017| YOUTH AND FAMILIES DEPARTMENT--EXPANSION OF EXISTING PROGRAMS
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0018| AND FACILITIES--APPROPRIATIONS.--
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0019| A. To provide support for and upgrade existing
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0020| programs and facilities operated by the juvenile justice
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0021| division of the children, youth and families department, the
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0022| following amounts are appropriated from the general fund to the
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0023| children, youth and families department for expenditure in
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0024| fiscal year 1997 for the following purposes:
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0025| (1) five hundred thirty-six thousand dollars
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0001| ($536,000) for the purpose of hiring an additional twenty-one
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0002| journeyman juvenile correctional officers for employment at the
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0003| youth diagnostic and development center;
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0004| (2) forty-three thousand dollars ($43,000) for
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0005| the purpose of hiring one juvenile parole officer for assignment
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0006| to the New Mexico boys' school. The juvenile parole officer
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0007| shall assist with the orderly transition of children from the
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0008| New Mexico boys' school to placement in the children's homes or
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0009| communities;
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0010| (3) eighty-six thousand dollars ($86,000) for
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0011| the purpose of hiring two home study juvenile parole officers to
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0012| assist with evaluation of children returning to their homes
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0013| following placement in a facility operated by the juvenile
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0014| justice division of the children, youth and families department.
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0015| The home study juvenile parole officers shall also provide
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0016| assistance to the children and the children's families to ensure
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0017| an orderly return home following release from a facility;
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0018| (4) one hundred nineteen thousand dollars
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0019| ($119,000) for the purpose of hiring two classification officers
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0020| and support staff to operate a centralized classification unit.
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0021| The centralized classification unit shall properly classify
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0022| children referred to the juvenile justice division of the
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0023| children, youth and families department and recommend
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0024| appropriate placements for the children;
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0025| (5) one hundred forty-eight thousand dollars
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0001| ($148,000) for the purpose of contracting for evaluation,
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0002| quality assurance and monitoring of services attendant to
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0003| expansion of the juvenile justice division of the children,
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0004| youth and families department;
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0005| (6) one hundred fifty-three thousand dollars
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0006| ($153,000) for the purpose of transporting children to and from
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0007| institutions and facilities operated by the children, youth and
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0008| families department; and
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0009| (7) two hundred thousand dollars ($200,000) for
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0010| the purpose of converting an existing reintegration center
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0011| located in an urban area into an urban construction corps
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0012| facility. The urban construction corps facility shall offer
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0013| programming that teaches employable skills, including home
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0014| renovation and home construction skills. The children, youth
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0015| and families department may contract with or enter into a joint
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0016| powers agreement with the labor department for the provision of
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0017| services at the urban construction corps facility.
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0018| B. Any unexpended or unencumbered balance remaining
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0019| at the end of fiscal year 1997 shall revert to the general fund.
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0020| Section 4. SEVERANCE TAX BONDS--PURPOSE FOR WHICH ISSUED--APPROPRIATION OF PROCEEDS.--
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0021| A. The state board of finance may issue and sell
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0022| severance tax bonds in compliance with the Severance Tax Bonding
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0023| Act in an amount not to exceed the total of the amounts
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0024| specified in Subsection B of this section. The state board of
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0025| finance shall schedule the issuance and sale of the bonds in the
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0001| most expeditious and economical manner possible upon a finding
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0002| by the board that the project has been developed sufficiently to
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0003| justify the issuance and that the project can proceed to
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0004| contract within a reasonable time. The state board of finance
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0005| shall further take the appropriate steps necessary to comply
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0006| with the Internal Revenue Code of 1986, as amended.
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0007| B. Pursuant to the provisions of Subsection A of
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0008| this section, upon certification by the children, youth and
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0009| families department that the need exists for the issuance of the
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0010| bonds:
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0011| (1) two hundred fifty thousand dollars
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0012| ($250,000) is appropriated to the children, youth and families
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0013| department for the purpose of converting the Eagle Nest
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0014| reintegration center located in Colfax County into an
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0015| environmental forestry work camp for children; and
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0016| (2) four hundred thousand dollars ($400,000) is
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0017| appropriated to the children, youth and families department for
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0018| the purpose of increasing the capacity of the youth diagnostic
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0019| and development center by an additional ten special adjustment
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0020| beds.
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0021| C. Any unexpended or unencumbered balance remaining
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0022| six months after completion of the project shall revert to the
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0023| severance tax bonding fund.
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0024| D. If the children, youth and families department
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0025| has not certified the need for the issuance of the bonds by the
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0001| end of fiscal year 1999, the authorization provided in this
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0002| section shall be void.
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0003| Section 5. EFFECTIVE DATE.--The effective date of the
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0004| provisions of this act is July 1, 1996.
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0005|
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0006|
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0007|
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0008| FORTY-SECOND LEGISLATURE
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0009| SECOND SESSION, 1996
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0010|
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0011|
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0012| JANUARY 23, 1996
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0013|
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0014| Mr. President:
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0015|
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0016| Your COMMITTEES' COMMITTEE, to whom has been referred
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0017|
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0018| SENATE BILL 128
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0019|
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0020| has had it under consideration and finds same to be GERMANE, PURSUANT
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0021| TO CONSTITUTIONAL PROVISIONS, and thence referred to the
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0022| JUDICIARY COMMITTEE.
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0023|
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0024| Respectfully submitted,
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0025|
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0001|
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0002|
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0003|
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0004| __________________________________
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0005| SENATOR MANNY M. ARAGON, Chairman
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0006|
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0007|
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0008|
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0009| Adopted_______________________ Not Adopted_______________________
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012|
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0013| Date ________________________
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0014|
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0015|
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0016|
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0017| S0128CC1
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0018|
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0019| FORTY-SECOND LEGISLATURE
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0020| SECOND SESSION, 1996
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0021|
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0022|
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0023| January 29, 1996
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0024|
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0025| Mr. President:
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0001|
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0002| Your JUDICIARY COMMITTEE, to whom has been referred
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0003|
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0004| SENATE BILL 128
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0005|
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0006| has had it under consideration and reports same with recommendation that
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0007| it DO PASS, and thence referred to the FINANCE COMMITTEE.
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013| __________________________________
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0014| Janice D. Paster, Chairman
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0015|
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0016|
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0017|
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0018| Adopted_______________________ Not Adopted_______________________
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0019| (Chief Clerk) (Chief Clerk)
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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: Cisneros, Tsosie, Vernon
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0004| Absent: None
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0005|
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0006|
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0007| S0128JU1
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0008|
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0009|
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