0001| SENATE BILL 486
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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| GLORIA HOWES
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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 THE LOCAL GOVERNMENTS ROAD FUND; PROVIDING THAT
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0013| COUNTY ARTERIAL PROGRAM BALANCES REMAIN FOR DISTRIBUTION IN THE
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0014| SUBSEQUENT FISCAL YEAR.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 67-3-28.2 NMSA 1978 (being Laws 1986,
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0018| Chapter 20, Section 125, as amended) is amended to read:
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0019| "67-3-28.2. LOCAL GOVERNMENTS ROAD FUND CREATED--USES.--
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0020| A. There is created in the state treasury the "local
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0021| governments road fund" to be administered by the department.
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0022| All income received from investment of the fund shall be
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0023| credited to the fund. No money in the fund shall be used by the
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0024| department to administer any program, and no entity receiving a
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0025| distribution pursuant to a program requiring matching funds
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0001| shall use another distribution made pursuant to this section to
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0002| meet the match required.
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0003| B. No more than five hundred thousand dollars
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0004| ($500,000) annually from the local governments road fund shall
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0005| be used by the department to purchase at fair market value, for
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0006| municipalities and counties that can demonstrate financial
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0007| hardship as determined by the department, automotive, major road
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0008| and miscellaneous equipment that would otherwise be sold at
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0009| auction by the department as unusable for department purposes.
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0010| The department shall adopt rules setting the procedure to carry
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0011| out the purposes of this subsection.
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0012| C. Except for the amount in Subsection B of this
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0013| section, money in the local governments road fund shall be
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0014| distributed in the following amounts for the specified purposes:
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0015| (1) forty-two percent for the cooperative
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0016| agreements program, to be used solely for the cooperative
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0017| agreements entered into pursuant to Section 67-3-28 NMSA 1978
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0018| and in accordance with the match authorized pursuant to Section
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0019| 67-3-32 NMSA 1978; provided, however, that distribution amounts
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0020| made pursuant to this paragraph in each year shall be based on
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0021| the following allocations:
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0022| (a) thirty-three percent for agreements
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0023| entered into with counties;
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0024| (b) forty-nine percent for agreements
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0025| entered into with municipalities;
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0001| (c) fourteen percent for agreements
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0002| entered into with school districts; and
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0003| (d) four percent for agreements entered
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0004| into with other entities;
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0005| (2) sixteen percent for the municipal arterial
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0006| program, to be used solely for the necessary project
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0007| development, construction, reconstruction, improvement,
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0008| maintenance, repair and right-of-way and material acquisition of
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0009| and for those streets that are principal extensions of rural
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0010| state highways and of other streets not on the state highway
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0011| system but that qualify under the designated criteria
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0012| established by the department. In entering into agreements with
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0013| municipalities to provide funds for any project qualifying for
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0014| the municipal arterial program, the department shall give
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0015| preference to municipalities that contribute an amount equal to
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0016| at least twenty-five percent of the project cost;
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0017| (3) sixteen percent for school bus routes, to
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0018| be used solely for cooperative agreements entered into pursuant
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0019| to Section 67-3-28 NMSA 1978 and in accordance with the match
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0020| authorized pursuant to Section 67-3-32 NMSA 1978 for acquiring
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0021| rights of way and constructing, maintaining, repairing,
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0022| improving and paving school bus routes and public school parking
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0023| lots; and
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0024| (4) twenty-six percent for the county arterial
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0025| program, to be used for project development, construction,
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0001| reconstruction, improvement, maintenance, repair and right-of-way and material acquisition of and for county roads for which
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0002| individual counties have prioritized road projects. Prior to
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0003| entering into any agreements for projects with the counties for
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0004| the following fiscal year, in June of each year the department
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0005| shall determine and certify the amount to which each county is
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0006| entitled pursuant to the following schedule:
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0007| Road Mileage Category Based on
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0008| Number of Miles Maintained
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0009| By a County: Entitlement to County:
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0010| 400 miles or under $250 for each mile
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0011| 401 to 800 miles $100,000 plus $200 for each
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0012| mile over 400 miles
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0013| 801 to 1,200 miles $180,000 plus $150 for each
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0014| mile over 800 miles
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0015| 1,201 to 1,600 miles $240,000 plus $100 for each
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0016| mile over 1,200 miles
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0017| Over 1,600 miles $300,000 plus $50 for each
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0018| mile over 1,600 miles.
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0019| If in any year there is an insufficient amount in the fund
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0020| of the county arterial program to certify the total amount to
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0021| which all counties are entitled, the department shall decrease
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0022| the entitlement amount due to each county in the same proportion
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0023| as the insufficiency is to the total entitlements to all
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0024| counties. Distribution of an entitlement amount and an
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0025| agreement entered into with a county for any of the purposes for
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0001| which the money may be spent requires an amount from the county
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0002| equal to at least twenty-five percent of the entitlement. Any
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0003| uncommitted or unencumbered balance remaining in the county
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0004| arterial program fund at the end of a fiscal year shall [be
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transferred to the cooperative agreement program specified in
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Paragraph (1) of this subsection] remain in the fund for
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0007| additional funding of that program in the next fiscal year.
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0008| D. The department may transfer funds from the state
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0009| road fund to the local governments road fund to facilitate cash
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0010| flow for the funding of these local governments road projects.
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0011| The administrator of the local governments road fund shall
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0012| reimburse the state road fund in a timely manner for any such
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0013| transfers."
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0014|
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0015|
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0016|
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0017|
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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 30, 1996
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0024|
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0025| Mr. President:
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0001|
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0002| Your COMMITTEES' COMMITTEE, to whom has been referred
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0003|
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0004| SENATE BILL 486
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0005|
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0006| has had it under consideration and finds same to be GERMANE, PURSUANT
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0007| TO CONSTITUTIONAL PROVISIONS, and thence referred to the INDIAN AND
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0008| CULTURAL AFFAIRS COMMITTEE.
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0009|
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0010| Respectfully submitted,
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0011|
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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| SENATOR MANNY M. ARAGON, Chairman
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0017|
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0018|
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0019|
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0020| Adopted_______________________ Not Adopted_______________________
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023|
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0024| Date ________________________
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0025|
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0001|
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0002|
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0003| S0486CC1
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0004|
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0005| FORTY-SECOND LEGISLATURE
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0006| SECOND SESSION, 1996
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0007|
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0008|
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0009| February 1, 1996
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0010|
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0011| Mr. President:
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0012|
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0013| Your INDIAN & CULTURAL AFFAIRS COMMITTEE, to whom has
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0014| been referred
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0015|
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0016| SENATE BILL 486
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0017|
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0018| has had it under consideration and reports same with recommendation that
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0019| it DO PASS, and thence referred to the FINANCE COMMITTEE.
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0020|
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0021| Respectfully submitted,
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0022|
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0023|
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0024|
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0025| __________________________________
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0001| John Pinto, Chairman
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0002|
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0003|
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0004|
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0005| Adopted_______________________ Not Adopted_______________________
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008|
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0009|
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0010| Date ________________________
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0011|
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0012|
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0013| The roll call vote was 5 For 0 Against
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0014| Yes: 5
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0015| No: 0
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0016| Excused: Maes, McKibben & Kysar
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0017| Absent: None
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0018|
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0019|
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0020| S0486IC1
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0021|
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0022|
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0023| FORTY-SECOND LEGISLATURE
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0024| SECOND SESSION, 1996
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0025|
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0001|
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0002| February 8, 1996
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0003|
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0004| Mr. President:
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0005|
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0006| Your FINANCE COMMITTEE, to whom has been referred
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0007|
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0008| SENATE BILL 486
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0009|
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0010| has had it under consideration and reports same with recommendation that
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0011| it DO PASS.
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0012|
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0013| Respectfully submitted,
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0014|
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0015|
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0016|
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0017| __________________________________
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0018| Ben D. Altamirano, Chairman
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0019|
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0020|
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0021|
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0022| Adopted_______________________ Not Adopted_______________________
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025|
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0001|
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0002| Date ________________________
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0003|
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0004|
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0005| The roll call vote was 9 For 0 Against
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0006| Yes: 9
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0007| No: 0
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0008| Excused: Fidel, Donisthorpe, Macias, Nava
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0009| Absent: None
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0010|
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0011|
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0012| S0486FC1
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0013|
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