0001| HOUSE BILL 120
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| DANICE PICRAUX
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO GOVERNMENT PURCHASES; PROVIDING FOR PROMPT PAYMENT
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0012| OF BILLS; AMENDING SECTIONS OF THE NMSA 1978.
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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| Section 1. Section 13-1-158 NMSA 1978 (being Laws 1984,
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0016| Chapter 65, Section 131, as amended) is amended to read:
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0017| "13-1-158. PAYMENTS FOR PURCHASES.--
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0018| A. No warrant, check or other negotiable instrument
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0019| shall be issued in payment for any purchase of services,
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0020| construction or items of tangible personal property unless the
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0021| central purchasing office or the using agency certifies that
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0022| the services, construction or items of tangible personal
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0023| property have been received and meet specifications or unless
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0024| prepayment is permitted under Section 13-1-98 NMSA 1978 by
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0025| exclusion of the purchase from the Procurement Code.
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0001| B. Unless otherwise agreed upon by the parties or
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0002| unless otherwise specified in the invitation for bids, request
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0003| for proposals or other solicitation, within fifteen days from
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0004| the date the [state] central purchasing office or [state]
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0005| using agency receives written notice from the contractor that
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0006| payment is requested for services or construction completed or
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0007| items of tangible personal property delivered on site and
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0008| received [by the state], the [state] central purchasing
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0009| office or [state] using agency shall issue a written
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0010| certification of complete or partial acceptance or rejection of
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0011| the services, construction or items of tangible personal
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0012| property.
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0013| C. Upon certification by the [state] central
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0014| purchasing office or the [state] using agency that the
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0015| services, construction or items of tangible personal property
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0016| have been received and accepted, payment shall be tendered to
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0017| the contractor within [sixty] thirty days of the date of
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0018| certification. After the [sixtieth] thirtieth day from the
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0019| date that written certification of acceptance is issued, late
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0020| payment charges shall be paid on the unpaid balance due on the
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0021| contract to the contractor at the rate of one and one-half
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0022| percent per month.
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0023| D. Late payment charges that differ from the
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0024| provisions of Subsection C of this section may be assessed if
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0025| specifically provided for by contract or pursuant to tariffs
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0001| approved by the New Mexico public utility commission or the
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0002| state corporation commission."
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0003| Section 2. Section 13-1-170 NMSA 1978 (being Laws 1984,
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0004| Chapter 65, Section 143) is amended to read:
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0005| "13-1-170. UNIFORM CONTRACT CLAUSES.--
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0006| A. A state agency, local public body or central
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0007| purchasing office with the power to issue regulations may
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0008| require by regulation that contracts include uniform clauses
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0009| providing for termination of contracts, adjustments in prices,
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0010| adjustments in time of performance or other contract provisions
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0011| as appropriate, including but not limited to the following
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0012| subjects:
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0013| [A.] (1) the unilateral right of a state
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0014| agency or a local public body to order in writing:
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0015| [(1)] (a) changes in the work within
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0016| the scope of the contract; and
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0017| [(2)] (b) temporary stoppage of the
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0018| work or the delay of performance;
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0019| [B.] (2) variations occurring between
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0020| estimated quantities of work in a contract and actual
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0021| quantities;
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0022| [C.] (3) liquidated damages;
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0023| [D.] (4) permissible excuses for delay or
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0024| nonperformance;
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0025| [E.] (5) termination of the contract for
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0001| default;
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0002| [F.] (6) termination of the contract in
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0003| whole or in part for the convenience of the state agency or a
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0004| local public body;
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0005| [G.] (7) assignment clauses providing for
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0006| the assignment by the contractor to the state agency or a local
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0007| public body of causes of action for violation of state or
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0008| federal antitrust statutes;
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0009| [H.] (8) identification of subcontractors
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0010| by bidders in bids; and
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0011| [I.] (9) uniform subcontract clauses in
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0012| contracts.
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0013| B. A state agency, local public body or central
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0014| purchasing office with the power to issue regulations shall
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0015| require by regulation that contracts include a clause imposing
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0016| late payment charges against the state agency or local public
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0017| body in the amount and under the conditions stated in
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0018| Subsection C of Section 13-1-158 NMSA 1978."
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0019| Section 3. Section 74-6B-13 NMSA 1978 (being Laws 1992,
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0020| Chapter 64, Section 10, as amended) is amended to read:
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0021| "74-6B-13. PAYMENT PROGRAM.--
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0022| A. Unless provided otherwise in this section, all
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0023| costs in excess of ten thousand dollars ($10,000) that are
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0024| necessary to perform a minimum site assessment in accordance
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0025| with the regulations of the board shall be paid from the
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0001| corrective action fund. In the event that an owner or operator
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0002| has performed a minimum site assessment after March 7, 1990 but
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0003| prior to March 9, 1992 and has expended more than ten thousand
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0004| dollars ($10,000), the owner or operator may apply to the
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0005| department for reimbursement of the costs of the minimum site
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0006| assessment in excess of ten thousand dollars ($10,000) and
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0007| shall be entitled to reimbursement of those costs to the extent
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0008| that money is available.
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0009| B. An owner or operator who has performed or who
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0010| has made arrangements to perform corrective action after March
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0011| 7, 1990 and in accordance with applicable environmental laws
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0012| and regulations may apply to the department for payment of the
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0013| costs of corrective action, other than a minimum site
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0014| assessment, and shall be entitled to payment of those costs
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0015| from the corrective action fund, if he has proven to the
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0016| department that he has complied with the requirements of
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0017| Section 74-6B-8 NMSA 1978 and if money is available in the
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0018| fund.
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0019| C. Payment of the cost of corrective action,
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0020| including the cost of a minimum site assessment, shall be made
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0021| by the department following application and proper
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0022| documentation of the costs and in accordance with regulations
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0023| adopted by the secretary establishing eligible and ineligible
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0024| costs. Eligible costs for payment are those reasonable and
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0025| necessary costs actually incurred after March 7, 1990 in the
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0001| performance of a site assessment and for corrective action that
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0002| are consistent with the department's fee schedule. Ineligible
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0003| costs include attorneys' fees, repair or upgrade of tanks, loss
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0004| of revenue and costs of monitoring a contractor.
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0005| D. The department shall adopt regulations to
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0006| provide for payments from the corrective action fund, to the
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0007| extent that money is available in the fund, to persons who
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0008| cannot afford to pay all or a portion of the initial ten
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0009| thousand dollar ($10,000) cost of a minimum site assessment
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0010| otherwise required in this section. The department shall
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0011| develop a financial assistance means test, including a sliding
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0012| scale of financial relief as the department deems appropriate,
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0013| that allows some or all of the minimum site assessment costs to
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0014| be paid from the corrective action fund. This financial
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0015| assistance relief shall be available to owners or operators who
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0016| performed or made arrangements to perform corrective action
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0017| after March 7, 1990.
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0018| E. All department determinations concerning the
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0019| manner of payment, compliance and cost eligibility shall be
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0020| made in accordance with department regulations.
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0021| F. If the owner or operator is in compliance with
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0022| the requirements of Subsection B of Section 74-6B-8 NMSA 1978,
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0023| payment of costs from the corrective action fund shall occur
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0024| not later than [ninety] thirty days after the submission of
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0025| the application and proper documentation of costs by the owner
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0001| or operator, except as provided in Section 74-6B-14 NMSA 1978.
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0002| G. The department shall reserve not less than
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0003| twenty-five percent of the unexpended, unencumbered balance of
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0004| the corrective action fund on July 1 of each year for the
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0005| payment of claims made on the fund."
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0006| State of New Mexico
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0007| House of Representatives
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0008|
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0009| FORTY-THIRD LEGISLATURE
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0010| FIRST SESSION, 1997
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0011|
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0012|
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0013| February 6, 1997
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0014|
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0015|
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0016| Mr. Speaker:
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0017|
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0018| Your BUSINESS AND INDUSTRY COMMITTEE, to whom
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0019| has been referred
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0020|
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0021| HOUSE BILL 120
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0022|
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0023| has had it under consideration and reports same with
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0024| recommendation that it DO PASS, and thence referred to the
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0025| APPROPRIATIONS AND FINANCE COMMITTEE.
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0001|
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0002| Respectfully submitted,
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0003|
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0004|
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0005|
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0006|
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0007|
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0008| Fred Luna, Chairman
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0009|
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0010|
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0011| Adopted Not Adopted
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0012|
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0013| (Chief Clerk) (Chief Clerk)
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0014|
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0015| Date
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0016|
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0017| The roll call vote was 12 For 0 Against
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0018| Yes: 12
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0019| Excused: Varela
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0020| Absent: None
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0021|
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0022|
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0023| G:\BILLTEXT\BILLW_97\H0120 State of New Mexico
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0024| House of Representatives
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0025|
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0001| FORTY-THIRD LEGISLATURE
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0002| FIRST SESSION, 1997
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0003|
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0004|
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0005| February 22, 1997
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0006|
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0007|
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0008| Mr. Speaker:
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0009|
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0010| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0011| whom has been referred
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0012|
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0013| HOUSE BILL 120
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0014|
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0015| has had it under consideration and reports same with
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0016| recommendation that it DO PASS, amended as follows:
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0017|
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0018| 1. On page 1, line 11, strike "PURCHASES" and insert
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0019| "PAYMENTS".
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0020|
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0021| 2. On page 1, lines 11 and 12, strike "PAYMENT OF BILLS"
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0022| and insert "PAYMENTS FROM GOVERNMENT".
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0023|
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0024| 3. On page 2, line 17, after the period insert "If payment
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0025| is made by mail, the payment shall be deemed tendered on the date
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0001| it is postmarked.".
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0002|
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0003| 4. On page 2, line 21, after the period insert "For
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0004| purchases funded by state or federal grants to local public
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0005| bodies, if the local public body has not received the funds from
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0006| the federal or state funding agency, payments shall be tendered
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0007| to the contractor within five working days of receipt of funds
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0008| from that funding agency.".
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0009|
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0010| 5. On page 4, lines 15 and 16, strike "Subsection C of".
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0011|
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0012| 6. On page 5, line 25, strike "attorneys'" and insert
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0013| "attorney".
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0014|
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0015|
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0016|
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0017| Respectfully submitted,
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0018|
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0019|
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0020|
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0021|
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0022|
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0023| Max Coll, Chairman
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0024|
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0025|
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0001| Adopted Not Adopted
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0002|
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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0005| Date
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0006|
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0007| The roll call vote was 12 For 0 Against
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0008| Yes: 12
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0009| Excused: Abeyta, Garcia, M.H., Pearce, Townsend, Watchman
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0010| Absent: None
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0011|
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0012|
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0013| .115822.3
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0014| G:\BILLTEXT\BILLW_97\H0120
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| March 10, 1997
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0021|
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0022| Mr. President:
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0023|
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0024| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
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0025| whom has been referred
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0001|
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0002| HOUSE BILL 120, as amended
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0003|
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0004| has had it under consideration and reports same with
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0005| recommendation that it DO PASS, and thence referred to the
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0006| FINANCE COMMITTEE.
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0007|
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0008| Respectfully submitted,
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0009|
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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| Roman M. Maes, III, Chairman
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0015|
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0016|
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0017|
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0018| Adopted_______________________ Not
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0019| Adopted_______________________
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022|
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0023| Date ________________________
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0024|
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0025|
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0001| The roll call vote was 6 For 0 Against
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0002| Yes: 6
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0003| No: 0
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0004| Excused: Fidel, Kidd, McKibben, Robinson
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0005| Absent: None
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0006|
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0007|
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0008| H0120CT1
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0009|
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0010|
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0011|
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0012| FORTY-THIRD LEGISLATURE HB 120/a
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0013| FIRST SESSION, 1997
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0014|
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0015|
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0016| March 15, 1997
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0017|
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0018| Mr. President:
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0019|
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0020| Your FINANCE COMMITTEE, to whom has been referred
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0021|
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0022| HOUSE BILL 120, as amended
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0023|
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0024| has had it under consideration and reports same with
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0025| recommendation that it DO PASS, amended as follows:
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0001|
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0002| 1. On page 2, line 12, strike "Upon" and insert in lieu
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0003| thereof "Except as provided in Subsection D of this section,
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0004| upon".
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0005|
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0006| 2. On page 2, between lines 21 and 22, insert the
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0007| following new subsection:
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0008|
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0009| "D. If the central purchasing office or the using
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0010| agency finds that the services, construction or items of tangible
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0011| personal property are not acceptable, it shall, within thirty
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0012| days of the date of receipt of written notice from the contractor
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0013| that payment is requested for services or construction completed
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0014| or items of tangible personal property delivered on site, provide
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0015| to the contractor a letter of exception explaining the defect or
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0016| objection to the services, construction or delivered tangible
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0017| personal property along with details of how the contractor may
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0018| proceed to provide remedial action.".
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0019|
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0020| 3. Reletter succeeding subsections accordingly and
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0021| adjust cross-references to correspond to these amendments.
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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| Respectfully submitted,
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0002|
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0003|
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0004|
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0005|
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0006| __________________________________
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0007| Ben D. Altamirano, Chairman
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0008|
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0009|
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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|
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0015|
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0016|
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0017| Adopted_______________________ Not
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0018| 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: None
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0003| Excused: Aragon, Carraro, Ingle, Lyons, McKibben
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0004| Absent: None
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0005|
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0006|
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0007| H0120FC1 .118078.1
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0008|
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