0001| SENATE BILL 637
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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| TIMOTHY Z. JENNINGS
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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 STATE LOTTERY REVENUES; EARMARKING FIFTY PERCENT OF
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0013| NET LOTTERY REVENUES FOR DISTRIBUTION TO PUBLIC SCHOOLS FOR
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0014| EDUCATIONAL TECHNOLOGY PURSUANT TO THE TECHNOLOGY FOR EDUCATION
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0015| ACT AND FIFTY PERCENT TO THE LOTTERY TUITION FUND; AMENDING
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0016| SECTIONS OF THE NMSA 1978.
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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. Section 6-24-24 NMSA 1978 (being Laws 1995,
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0020| Chapter 155, Section 24) is amended to read:
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0021| "6-24-24. DISPOSITION OF REVENUE.--
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0022| A. As nearly as practical, an amount equal to at
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0023| least fifty percent of the gross annual revenues from the sale
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0024| of lottery tickets shall be returned to the public in the form
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0025| of lottery prizes.
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0001| B. The authority shall transmit all net revenues to
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0002| the state treasurer who shall deposit [sixty] fifty percent
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0003| of the revenues in the [public school capital outlay]
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0004| educational technology fund for expenditure pursuant to the
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0005| provisions of the [Public School Capital Outlay Act]
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0006| Technology for Education Act and [forty] fifty percent in
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0007| the lottery tuition fund. Estimated net revenues shall be
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0008| transmitted monthly to the state treasurer for deposit in the
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0009| funds, provided the total amount of annual net revenues for the
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0010| fiscal year shall be transmitted no later than August 1 [each]
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0011| of the following fiscal year.
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0012| C. In determining net revenues, operating expenses
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0013| of the lottery include all costs incurred in the operation and
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0014| administration of the lottery and all costs resulting from any
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0015| contracts entered into for the purchase or lease of goods or
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0016| services required by the lottery, including but not limited to
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0017| the costs of supplies, materials, tickets, independent audit
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0018| services, independent studies, data transmission, advertising,
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0019| promotion, incentives, public relations, communications,
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0020| commissions paid to lottery retailers, printing, distribution of
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0021| tickets, purchases of annuities or investments to be used to pay
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0022| future installments of winning lottery tickets, debt service and
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0023| payment of any revenue bonds issued, contingency reserves,
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0024| transfers to the reserve fund and any other necessary costs
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0025| incurred in carrying out the provisions of the New Mexico
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0001| Lottery Act.
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0002| D. An amount up to two percent of the gross annual
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0003| revenues shall be set aside as a reserve fund to cover bonuses
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0004| and incentive plans for lottery retailers, special promotions
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0005| for retailers, purchasing special promotional giveaways,
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0006| sponsoring special promotional events, compulsive gambling
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0007| rehabilitation and such other purposes as the board deems
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0008| necessary to maintain the integrity and meet the revenue goals
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0009| of the lottery. The board shall report annually to the governor
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0010| and each regular session of the legislature on the use of the
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0011| money in the reserve fund. Any balance in excess of fifty
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0012| thousand dollars ($50,000) at the end of any fiscal year shall
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0013| be transferred to the lottery tuition fund."
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0014| Section 2. Section 6-24-27 NMSA 1978 (being Laws 1995,
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0015| Chapter 155, Section 27) is amended to read:
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0016| "6-24-27. REVENUE AND BUDGET REPORTS--RECORDS--INDEPENDENT
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0017| AUDITS.--
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0018| A. The board shall:
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0019| (l) submit quarterly and annual reports to the
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0020| governor, legislative finance committee and lottery oversight
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0021| committee disclosing the total lottery revenue, prizes,
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0022| commissions, ticket costs, operating expenses and net revenues
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0023| of the authority during the reporting period and, in the annual
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0024| report, describe the organizational structure of the authority
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0025| and summarize the functions performed by each organizational
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0001| division within the authority;
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0002| (2) maintain weekly or more frequent records of
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0003| lottery transactions, including the distribution of lottery
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0004| tickets to retailers, revenue received, claims for prizes,
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0005| prizes paid, prizes forfeited and other financial transactions
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0006| of the authority; and
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0007| (3) use the state government fiscal year.
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0008| B. The board shall provide, for informational
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0009| purposes, to the department of finance and administration and
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0010| the legislative finance committee, by December 1 of each year, a
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0011| copy of the annual proposed operating budget for the authority
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0012| for the succeeding fiscal year. This budget proposal shall also
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0013| be accompanied by an estimate of the net revenues to be
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0014| deposited in the [public school capital outlay] educational
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0015| technology fund and the lottery tuition fund for the current
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0016| and succeeding fiscal years.
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0017| C. The board shall contract with an independent
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0018| certified public accountant or firm for an annual financial
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0019| audit of the authority. The certified public accountant or firm
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0020| shall have no financial interest in any lottery contractor. The
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0021| certified public accountant or firm shall present an audit
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0022| report no later than March 1 for the prior fiscal year. The
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0023| certified public accountant or firm shall evaluate the internal
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0024| auditing controls in effect during the audit period. The cost
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0025| of this financial audit shall be an operating expense of the
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0001| authority. The legislative finance committee may, at any time,
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0002| order an audit of any phase of the operations of the authority,
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0003| at the expense of the authority, and shall receive a copy of the
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0004| annual independent financial audit. A copy of any audit
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0005| performed by the certified public accountant or ordered by the
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0006| legislative finance committee shall be transmitted to the
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0007| governor, the speaker of the house of representatives, the
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0008| president pro tempore of the senate, the legislative finance
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0009| committee and the lottery oversight committee."
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0010| Section 3. Section 22-15A-2 NMSA 1978 (being Laws 1994,
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0011| Chapter 96, Section 2) is amended to read:
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0012| "22-15A-2. DEFINITIONS.--As used in the Technology for
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0013| Education Act:
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0014| A. "bureau" means the education technology bureau in
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0015| the department of education;
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0016| B. "chief" means the chief of the bureau;
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0017| C. "council" means the council on technology in
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0018| education; and
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0019| D. "educational technology" means tools used in the
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0020| educational process that constitute learning resources and may
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0021| include closed circuit television systems, educational
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0022| television and radio broadcasting, cable television, satellite,
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0023| copper and fiber optic transmission, computer, video and audio
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0024| laser and CD ROM discs, video and audio tapes or other
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0025| technologies, including adaptive and assistive technologies,
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0001| and the training, maintenance, equipment and computer
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0002| infrastructure information, techniques and tools used to
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0003| implement technology in classrooms and library and media
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0004| centers."
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0005| Section 4. Section 22-15A-9 NMSA 1978 (being Laws 1994,
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0006| Chapter 96, Section 9) is amended to read:
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0007| "22-15A-9. EDUCATIONAL TECHNOLOGY FUND--DISTRIBUTION.--
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0008| A. Upon annual review and approval of a school
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0009| district's educational technology plan, the bureau shall
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0010| determine a separate distribution from the educational
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0011| technology fund for each school district.
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0012| B. On or before July 31 of each year, the bureau
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0013| shall distribute money in the educational technology fund
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0014| directly to each school district in an amount equal to ninety
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0015| percent of the district's estimated entitlement as determined by
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0016| the projected membership for the school year. A school
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0017| district's entitlement is that portion of the total amount of
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0018| the annual appropriation that the projected membership bears to
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0019| the projected membership of the state. Kindergarten membership
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0020| shall be calculated on a one-half full-time equivalent basis.
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0021| C. On or before January 30 of each year, the bureau
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0022| shall recompute each entitlement using the final funded
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0023| membership for that year and shall allocate the balance of the
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0024| annual appropriation adjusting for any over- or under-projection
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0025| of membership.
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0001| D. Any school district receiving funding pursuant to
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0002| the Technology for Education Act:
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0003| (1) is responsible for the purchase,
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0004| distribution, use and maintenance of educational technology; and
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0005| (2) shall use ten percent of its annual
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0006| entitlement for purchase of adaptive or assistive technology for
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0007| students with disabilities.
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0008| E. As used in this section:
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0009| (1) "annual appropriation" means for any
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0010| fiscal year the sum of appropriations to the educational
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0011| technology fund for the fiscal year and ninety percent of state
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0012| lottery revenues distributed to the fund in the prior fiscal
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0013| year; and
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0014| (2) "membership" means the total enrollment
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0015| of qualified students, as defined in the Public School Finance
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0016| Act, on the current roll of class or school on a specified day.
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0017| The current roll is established by the addition of original
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0018| entries and re-entries minus withdrawals. Withdrawal of
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0019| students, in addition to students formally withdrawn from the
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0020| public school, includes students absent from the public school
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0021| for as many as ten consecutive school days."
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0022|
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0023|
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0024| FORTY-SECOND LEGISLATURE
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0025| SECOND SESSION, 1996
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0001|
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0002|
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0003| JANUARY 31, 1996
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0004|
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0005| Mr. President:
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0006|
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0007| Your COMMITTEES' COMMITTEE, to whom has been referred
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0008|
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0009| SENATE BILL 637
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0010|
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0011| has had it under consideration and finds same to be GERMANE, PURSUANT
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0012| TO CONSTITUTIONAL PROVISIONS, and thence referred to the EDUCATION
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0013| COMMITTEE.
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0014|
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0015| Respectfully submitted,
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0016|
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0017|
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0018|
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0019|
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0020| __________________________________
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0021| SENATOR MANNY M. ARAGON, Chairman
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0022|
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0023|
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0024|
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0025| Adopted_______________________ Not Adopted_______________________
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003|
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0004| Date ________________________
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0005|
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0006|
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0007|
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0008| S0637CC1
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0009|
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0010| FORTY-SECOND LEGISLATURE
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0011| SECOND SESSION, 1996
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0012|
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0013|
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0014| February 8, 1996
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0015|
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0016| Mr. President:
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0017|
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0018| Your EDUCATION COMMITTEE, to whom has been referred
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0019|
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0020| SENATE BILL 637
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0021|
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0022| has had it under consideration and reports same with recommendation that
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0023| it DO PASS, and thence referred to the SELECT GAMING COMMITTEE.
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0024|
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0025| Respectfully submitted,
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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| Carlos R. Cisneros, Chairman
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0006|
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0007|
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0008| Adopted_______________________ Not Adopted_______________________
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011|
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0012| Date ________________________
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0013|
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0014|
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0015| The roll call vote was 6 For 0 Against
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0016| Yes: 6
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0017| No: 0
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0018| Excused: Benavides, Carraro, Duran, Scott
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0019| Absent: None
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0020|
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0021|
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0022| S0637ED1
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0023|
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0024|
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