0001| SENATE BILL 814
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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| ROMAN M. MAES
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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 PUBLIC PEACE, HEALTH, SAFETY AND WELFARE.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| .110993.1
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0016|
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0017| FORTY-SECOND LEGISLATURE
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0018| SECOND SESSION, 1996
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0019|
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0020|
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0021| February 9, 1996
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0022|
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0023| Mr. President:
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0024|
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0025| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
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0001| whom has been referred
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0002|
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0003| SENATE BILL 814
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO NOT PASS, but that
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0007|
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0008| SENATE CORPORATIONS & TRANSPORTATION COMMITTEE
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0009| SUBSTITUTE FOR SENATE BILL 814
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0010|
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0011| DO PASS, and further recommends that it be referred to COMMITTEES'
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0012| COMMITTEE, and thence referred to the WAYS AND MEANS
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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| Roman M. Maes, III, Chairman
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0021|
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0022|
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0023| Adopted_______________________ Not Adopted_______________________
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0024| (Chief Clerk) (Chief Clerk)
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0025|
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0001| Date ________________________
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0002|
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0003|
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0004| The roll call vote was 5 For 0 Against
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0005| Yes: 5
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0006| No: 0
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0007| Excused: Kidd, McKibben, Rawson, Reagan
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0008| Absent: None
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0009|
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0010| S0814CT1SENATE CORPORATIONS AND TRANSPORTATION COMMITTEE SUBSTITUTE FOR
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0011| SENATE BILL 814
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0012| 42nd legislature - STATE OF NEW MEXICO - second session, 1996
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0013|
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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|
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0020| AN ACT
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0021| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; AMENDING
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0022| AND REPEALING SECTIONS OF THE SUBSEQUENT INJURY ACT; DECLARING AN
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0023| EMERGENCY.
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0024|
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0025| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0001| Section 1. Section 52-2-4 NMSA 1978 (being Laws 1961, Chapter
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0002| 134, Section 4, as amended) is amended to read:
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0003| "52-2-4. SUBSEQUENT INJURY FUND.--A special fund to be known as
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0004| the "subsequent injury fund" is established for the purpose of carry-
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0005| ing out the provisions of the Subsequent Injury Act. [The fund shall
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0006| be derived from the following sources:
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0007| A. the employer or his insurance carrier shall pay to the
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0008| superintendent of insurance the sum of one thousand dollars ($l,000)
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0009| as indemnity benefits for the death of an employee when a final
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0010| determination is made that there is no beneficiary entitled to death
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0011| benefits under the Workers' Compensation Act;
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0012| B. each employer or his insurance carrier shall quarterly,
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0013| under regulations prescribed by the superintendent of insurance,
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0014| pay to the superintendent of insurance a percentage not to
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0015| exceed three percent of the money paid out during such quarter
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0016| as compensation benefits and medical benefits, exclusive of
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0017| attorneys' fees and related benefits. The above percentage
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0018| shall be determined once before the end of each fiscal year by
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0019| the superintendent of insurance so as to provide a sufficient
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0020| income to meet payments from the fund for the next fiscal year;
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0021| provided that for the first fiscal year, the percentage shall be
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0022| one-half of one percent; and
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0023| C. the superintendent of insurance shall deposit all
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0024| such money collected by him with the state treasurer who shall
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0025| credit such deposits and accrued interest thereon to the
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0001| subsequent injury fund. The deposits made shall be a separate
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0002| fund for payments authorized under the provisions of the
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0003| Subsequent Injury Act.]"
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0004| Section 2. Section 52-2-5 NMSA 1978 (being Laws 1986,
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0005| Chapter 22, Section 47, as amended) is amended to read:
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0006| "52-2-5. PAYMENTS FROM FUND--CLAIMS AGAINST FUND.--
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0007| A. The superintendent of insurance may authorize
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0008| payments from the subsequent injury fund for the following
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0009| purposes, whether or not a compensation order has been entered:
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0010| (1) the reimbursement to the employer or its
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0011| insurance carrier of the fund's portion of benefits payable to
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0012| an injured worker under the Workers' Compensation Act as
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0013| apportioned under the Subsequent Injury Act;
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0014| [(2) the payment to the worker of the fund's
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0015| portion of benefits payable to the injured worker if a worker
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0016| brings an action under Subsection D of this section;
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0017| (3)] (2) the payment of fees to attorneys who
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0018| represent the superintendent of insurance and the subsequent injury
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0019| fund and of fees to other professional advisers to the
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0020| superintendent of insurance in connection with the superintendent's
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0021| administration of the subsequent injury fund; and
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0022| [(4)] (3) the payment of any other expenses
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0023| ancillary to the superintendent's administration of the subsequent
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0024| injury fund.
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0025| [B. Subject to the requirements of Section 52-2-14 NMSA
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0001| 1978, an employer or its insurance carrier may assert a claim
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0002| against the subsequent injury fund under the following
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0003| circumstances only:
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0004| (1) if a worker asserts a claim against the employer
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0005| under the Workers' Compensation Act, the employer or its insurance
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0006| carrier may join the subsequent injury fund as an additional party
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0007| and assert a right to reimbursement from the subsequent injury
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0008| fund; and
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0009| (2) if the worker is receiving compensation benefits
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0010| from the employer, the employer or its insurance carrier may
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0011| continue to make the payments and file a claim pursuant to the
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0012| Subsequent Injury Act against the subsequent injury fund for
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0013| apportionment of compensation benefits between the employer or its
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0014| insurance carrier and the subsequent injury fund.
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0015| C.] B. The superintendent of insurance shall be a
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0016| party to all proceedings wherein a compensation order is sought
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0017| against the superintendent of insurance and the fund.
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0018| [D. A worker may assert a claim against the fund only
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0019| when the worker's employer is no longer doing business in New
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0020| Mexico or is bankrupt and the employer or its insurance carrier
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0021| cannot for reason of the cessation of business or bankruptcy assert
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0022| a claim against the fund. The worker's claim is limited to
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0023| apportionment of benefits under the Subsequent Injury Act to
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0024| recover amounts that the fund would have paid the employer or its
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0025| insurance carrier as reimbursement. The fund shall not be liable
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0001| to the worker for any amounts for which the employer or its in-
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0002| surance carrier would be liable to the worker under the Workers'
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0003| Compensation Act. The worker takes the place of and assumes the
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0004| status of the worker's employer on the claim against the fund. The
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0005| fund shall be liable only to the worker, and not the employer or
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0006| its insurance carrier, for any portion of benefits which the fund
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0007| would have paid to the employer or its insurance carrier.
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0008| E. A worker shall not assert a claim against the fund
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0009| except as provided in Subsection D of this section.]"
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0010| Section 3. TEMPORARY PROVISION--SUBSEQUENT INJURY FUND--TRANSFER OF FUNDS.--On the effective date of Section 5 of this act,
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0011| any unexpended or unencumbered balance remaining in the subsequent
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0012| injury fund shall be transferred to the general fund.
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0013| Section 4. REPEAL.--Sections 52-2-2, 52-2-3, 52-2-6 through
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0014| 52-2-9, 52-2-11, 52-2-12 and 52-2-14 NMSA 1978 (being Laws 1961,
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0015| Chapter 134, Section 2, Laws 1986, Chapter 22, Section 46, Laws
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0016| 1975, Chapter 298, Section 2, Laws 1961, Chapter 134, Sections 6, 7
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0017| and 9, Laws 1986, Chapter 22, Section 50, Laws 1961, Chapter 134,
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0018| Section 12 and Laws 1988, Chapter 109, Section 7, as amended) are
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0019| repealed.
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0020| Section 5. DELAYED REPEAL.--Sections 52-2-1, 52-2-4 and
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0021| 52-2-5 NMSA 1978 (being Laws 1961, Chapter 134, Sections 1 and 4
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0022| and Laws 1986, Chapter 22, Section 47, as amended) are repealed
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0023| effective July 1, 1999.
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0024| Section 6. EFFECTIVE DATE--CONTINGENCY.--The provisions of
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0025| this act shall be effective only upon enactment into law of House
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0001| Bill 7 or any similar bill of the second session of the forty-second legislature transferring money from the subsequent injury
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0002| fund to the general fund.
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0003| Section 7. EMERGENCY.--It is necessary for the public peace,
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0004| health and safety that this act take effect immediately.
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0005|
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0006|
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0007| FORTY-SECOND LEGISLATURE
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0008| SECOND SESSION, 1996
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0009|
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0010|
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0011| FEBRUARY 13, 1996
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0012|
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0013| Mr. President:
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0014|
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0015| Your COMMITTEES' COMMITTEE, to whom has been referred
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0016|
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0017| SENATE CORPORATIONS AND TRANSPORTATION COMMITTEE
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0018| SUBST ITUTE FOR SENATE BILL 814
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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 further refers the same to WAYS
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0022| AND MEANS 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| S0814CC1
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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| February 13, 1996
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0024|
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0025| Mr. President:
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0001|
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0002| Your WAYS AND MEANS COMMITTEE, to whom has been referred
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0003|
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0004| SENATE CORPORATIONS AND TRANSPORTATION
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0005| COMMMITTEE SUBSTITUTE FOR
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0006| SENATE BILL 814
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0007|
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0008| has had it under consideration and reports same with recommendation that
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0009| it DO PASS.
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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| TITO D. CHAVEZ, 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|
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0025| Date ________________________
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0001|
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0002|
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0003| The roll call vote was 4 For 1 Against
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0004| Yes: 4
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0005| No: Rawson
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0006| Excused: Campos, Rhodes, Jennings
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0007| Absent: None
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0008|
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0009|
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0010| S0814WM1
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0011|
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