0001| HOUSE BILL 827
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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| ROBERTO J. GONZALES
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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 EDUCATION; CHANGING CERTAIN REQUIREMENTS DEALING
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0012| WITH PUBLIC SCHOOL BUDGETING AND ACCOUNTING; REPEALING A
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0013| SECTION OF THE NMSA 1978 DEALING WITH EARNINGS FROM INVESTMENTS
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0014| OF OPERATIONAL FUNDS.
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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 22-8-5 NMSA 1978 (being Laws 1967,
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0018| Chapter 16, Section 59, as amended) is amended to read:
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0019| "22-8-5. [MANUAL OF ACCOUNTING AND BUDGETING]
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0020| REGULATIONS--PROCEDURES.--
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0021| A. The department shall [compile and publish a
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manual prescribing detailed] establish regulations and
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0023| procedures for a uniform system of accounting and budgeting of
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0024| funds for [all] public schools and school districts of the
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0025| state. The [manual of] regulations and [any revision]
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0001| revisions or amendments thereto shall become effective only
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0002| upon approval by the state board [of education and the
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legislative finance committee] and upon filing with the
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0004| state records center and publication. A copy shall also be
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0005| filed with the department of finance and administration and
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0006| the legislative finance committee.
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0007| B. All public schools and school districts shall
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0008| comply with the regulations and procedures prescribed [in
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the manual of accounting and budgeting] and shall, upon
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0010| request, submit additional reports concerning finances to the
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0011| department. In addition, upon request, [all] public schools
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0012| and school districts shall file reports with the department
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0013| containing pertinent details regarding applications for federal
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0014| money or federal grants-in-aid or regarding federal money or
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0015| federal grants-in-aid received, including but not limited to
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0016| details of programs, matching funds, personnel requirements,
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0017| salary provisions and program numbers, as indicated in the
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0018| catalog of federal domestic assistance, of the federal funds
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0019| applied for and of those received.
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0020| C. Upon request by the department of finance and
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0021| administration, the legislative finance committee or the
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0022| legislative education study committee, the [state] department
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0023| [of public education] shall timely furnish information and
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0024| data obtained from public schools and school districts pursuant
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0025| to Subsection B of this section."
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0001| Section 2. Section 22-8-6 NMSA 1978 (being Laws 1967,
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0002| Chapter 16, Section 60, as amended by Laws 1993, Chapter 224,
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0003| Section 2 and also by Laws 1993, Chapter 227, Section 9) is
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0004| amended to read:
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0005| "22-8-6. BUDGETS--SUBMISSION--FAILURE TO SUBMIT.--
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0006| A. Prior to April 15 of each year, each local
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0007| school board shall submit to the department an [estimated]
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0008| operating budget for the school district for the ensuing
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0009| fiscal year. Upon written approval of the state
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0010| superintendent, the date for the submission of the
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0011| [estimated] operating budget as required by this section
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0012| may be extended to a later date fixed by the state
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0013| superintendent.
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0014| B. The [estimated] operating budget required by
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0015| this section may include:
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0016| (1) estimates of the cost of insurance
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0017| policies for periods up to five years if a lower rate may be
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0018| obtained by purchasing insurance for the longer term; or
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0019| (2) estimates of the cost of contracts for the
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0020| transportation of students for terms extending up to four
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0021| years.
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0022| C. The [estimated] operating budget required by
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0023| this section shall include a proposed breakdown for charter
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0024| schools in the [local] school district, by individual charter
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0025| school, of the membership projected for each charter school,
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0001| the total program units generated at that charter school and
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0002| approximate anticipated disbursements and expenditures at each
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0003| charter school.
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0004| D. If a local school board fails to submit a budget
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0005| pursuant to this section, the department shall prepare the
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0006| [estimated] operating budget for the school district for
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0007| the ensuing fiscal year. A local school board shall be
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0008| considered as failing to submit a budget pursuant to this
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0009| section if the budget submitted exceeds the total projected
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0010| resources of the school district or if the budget submitted
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0011| does not comply with the law or [the manual of accounting and
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budgeting] regulations of the department."
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0013| Section 3. Section 22-8-7 NMSA 1978 (being Laws 1967,
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0014| Chapter 16, Section 61, as amended) is amended to read:
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0015| "22-8-7. BUDGETS--FORM.--All budgets submitted to the
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0016| [division] department by a school district shall be in a
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0017| form specified by [the manual of accounting and budgeting of]
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0018| the [division] department."
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0019| Section 4. Section 22-8-10 NMSA 1978 (being Laws 1967,
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0020| Chapter 16, Section 65, as amended) is amended to read:
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0021| "22-8-10. BUDGETS--FIXING THE [ESTIMATED] OPERATING
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0022| BUDGET.--
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0023| A. Prior to June 20 of each year, each local school
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0024| board shall, at a public hearing of which notice has been
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0025| published by the local school board, fix the [estimated]
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0001| operating budget for the school district for the ensuing
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0002| fiscal year. At the discretion of the state superintendent or
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0003| the local school board, the department may participate in the
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0004| public hearing.
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0005| B. Prior to the public hearing held to fix the
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0006| [estimated] operating budget for the school district, the
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0007| local school board shall give notice to parents explaining the
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0008| budget process and inviting parental involvement and input in
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0009| that process prior to the date for the public hearing."
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0010| Section 5. Section 22-8-11 NMSA 1978 (being Laws 1967,
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0011| Chapter 16, Section 66, as amended) is amended to read:
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0012| "22-8-11. BUDGETS--TEMPORARY--FINAL.--
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0013| A. The department shall:
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0014| (1) on or before July 1 of each year, approve
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0015| and certify to each local school board [a temporary] an
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0016| operating budget for use by the local school board [pending
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approval by the department of a final budget]; and
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0018| (2) make corrections, revisions and amendments
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0019| to the [estimated] operating budgets fixed by the local
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0020| school boards and the state superintendent to conform the
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0021| budgets to the requirements of law and [to the manual of
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accounting and budgeting; and
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(3) before the first Monday of September of
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each year, approve and certify to each local school board and
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to the board of county commissioners of the county in which the
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school district is situated a final budget for use by the local
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school board, based upon the estimated budget fixed by the
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local school board and the state superintendent] regulations
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0004| of the department.
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0005| B. No school board or officer or employee of a
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0006| school district shall make any expenditure or incur any
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0007| obligation for the expenditure of public funds unless that
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0008| expenditure or [contractual] obligation is made in accordance
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0009| with an operating budget approved by the department [but].
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0010| This prohibition does not prohibit the transfer of funds
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0011| between [line items within series] object codes within the
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0012| function of a budget.
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0013| C. The department shall not approve and certify [a
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temporary] an operating budget of any school district that
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0015| fails to demonstrate that parental involvement in the budget
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0016| process was solicited."
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0017| Section 6. Section 22-8-12 NMSA 1978 (being Laws 1967,
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0018| Chapter 16, Section 67, as amended) is amended to read:
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0019| "22-8-12. [FINAL] OPERATING BUDGETS [ALTERATIONS OR]
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0020| AMENDMENTS. [Final] Operating budgets shall not be
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0021| [altered or] amended after approval and certification by the
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0022| department except [for the following purposes and according to
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the following procedure
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A.] upon written request of any local school board
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0025| and approval by the state superintendent. [may authorize
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transfer within the budget, or provide for items not included,
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when the total amount of the budget will not be increased
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thereby;
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B. upon written request of any local school board,
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the state superintendent, in conformance with the regulations
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of the department, may authorize an increase in any budget if
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the increase is necessary because of the receipt of revenue
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that was not anticipated at the time the budget was fixed and
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if the increase is directly related to a special project or
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program for which the additional revenue was received. The
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state superintendent shall make a written report to the
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legislative finance committee of any such budget increase;
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C. upon written request of any local school board,
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the state superintendent may authorize an increase in a budget
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of not more than one thousand dollars ($1,000); or
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D. upon written request of any local school board,
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the state superintendent, after notice and a public hearing,
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may authorize an increase in a school budget in an amount
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exceeding one thousand dollars ($1,000). The notice of the
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hearing shall designate the school district which proposes to
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alter or amend its budget, together with the time, place and
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date of the hearing. The notice of the hearing shall be
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published at least once a week for two consecutive weeks in a
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newspaper of general circulation in the county in which the
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school district is situated. The last publication of the
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notice shall be at least three days prior to the date set for
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the hearing]"
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0003| Section 7. Section 22-8-12.1 NMSA 1978 (being Laws 1978,
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0004| Chapter 128, Section 5, as amended) is amended to read:
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0005| "22-8-12.1. MEMBERSHIP PROJECTIONS AND BUDGET REQUESTS.-
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0006| -
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0007| A. Each local school board shall submit annually, on
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0008| or before October 15, to the department:
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0009| (1) an estimate for the succeeding fiscal year
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0010| of:
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0011| (a) the membership of qualified students to
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0012| be enrolled in the basic program;
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0013| (b) the full-time-equivalent membership of
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0014| students to be enrolled in approved early childhood education
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0015| programs; and
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0016| (c) the membership of students to be
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0017| enrolled in approved special education programs;
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0018| (2) all other information necessary to calculate
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0019| program costs; and
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0020| (3) any other information related to the
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0021| financial needs of the school district as may be requested by
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0022| the department.
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0023| B. All information requested pursuant to Subsection A
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0024| of this section shall be submitted on forms prescribed and
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0025| furnished by the department and shall comply with the [manual
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of accounting and budgeting published by] regulations of the
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0002| department.
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0003| C. The department shall:
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0004| (1) review the financial needs of each school
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0005| district for the succeeding fiscal year; and
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0006| (2) submit annually, on or before November 30,
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0007| to the secretary of finance and administration the
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0008| recommendations of the state board for:
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0009| (a) amendments to the public school finance
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0010| formula;
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0011| (b) appropriations for the succeeding fiscal
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0012| year to the public school fund for inclusion in the executive
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0013| budget document; and
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0014| (c) appropriations for the succeeding fiscal
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0015| year for pupil transportation and instructional materials."
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0016| Section 8. REPEAL.--Section 22-8-12.2 NMSA 1978 (being
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0017| Laws 1978, Chapter 149, Section 1, as amended) is repealed.
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0018| State of New Mexico
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0019| House of Representatives
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION, 1997
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0023|
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0024|
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0025| March 1, 1997
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0001|
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0002|
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0003| Mr. Speaker:
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0004|
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0005| Your EDUCATION COMMITTEE, to whom has been referred
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0006|
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0007| HOUSE BILL 827
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0008|
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0009| has had it under consideration and reports same with
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0010| recommendation that it DO PASS, amended as follows:
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0011|
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0012| 1. On page 5, line 10, strike "BUDGETS--TEMPORARY--FINAL",
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0013| and insert in lieu thereof "BUDGETS--APPROVAL OF OPERATING
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0014| BUDGET".,
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0015|
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0016| and thence referred to the APPROPRIATIONS AND FINANCE
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0017| COMMITTEE.
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0018|
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0019|
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0020| Respectfully submitted,
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0021|
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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|
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0002| Samuel F. Vigil, Chairman
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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)
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0007| (Chief Clerk)
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0008|
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0009| Date
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0010|
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0011| The roll call vote was 7 For 0 Against
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0012| Yes: 7
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0013| Excused: Beam, McSherry, Miera, Nicely, Trujillo, Wright
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0014| Absent: None
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0015|
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0016|
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0017|
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0018| G:\BILLTEXT\BILLW_97\H0827
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0019| State of New Mexico
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0020| House of Representatives
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0021|
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0022| FORTY-THIRD LEGISLATURE
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0023| FIRST SESSION, 1997
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0024|
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0025|
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0001| March 8, 1997
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0002|
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0003|
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0004| Mr. Speaker:
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0005|
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0006| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0007| whom has been referred
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0008|
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0009| HOUSE BILL 827
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0010|
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0011| has had it under consideration and reports same with
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0012| recommendation that it DO PASS, amended as follows:
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0013|
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0014| 1. On page 1, line 14, strike "." and insert in lieu
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0015| thereof "; DECLARING AN EMERGENCY.".
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0016|
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0017| 2. On page 9, between lines 13 and 14, insert the following
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0018| new section:
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0019|
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0020| "Section 9. EMERGENCY.--It is necessary for the public
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0021| peace, health and safety that this act take effect immediately.".
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0022|
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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|
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0006| Max Coll, Chairman
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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)
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0011| (Chief Clerk)
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0012|
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0013| Date
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0014|
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0015| The roll call vote was 14 For 0 Against
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0016| Yes: 14
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0017| Excused: Buffett, Coll, Watchman
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0018| Absent: None
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0019|
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0020|
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0021|
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0022| G:\BILLTEXT\BILLW_97\H0827
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0023|
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0024| FORTY-THIRD LEGISLATURE
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0025| FIRST SESSION, 1997
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0001|
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0002|
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0003| March 15, 1997
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0004|
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0005| Mr. President:
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0006|
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0007| Your EDUCATION COMMITTEE, to whom has been referred
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0008|
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0009| HOUSE BILL 827, as amended
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0010|
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0011| has had it under consideration and reports same with
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0012| recommendation that it DO PASS.
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0013|
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0014| Respectfully submitted,
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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| Cynthia Nava, Chairman
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0021|
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0022|
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0023|
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0024| Adopted_______________________ Not
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0025| 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|
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0005| Date ________________________
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0006|
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0007|
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0008| The roll call vote was 6 For 0 Against
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0009| Yes: 6
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0010| No: 0
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0011| Excused: Boitano, Duran, Gorham, Rawson
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0012| Absent: None
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0013|
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0014|
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0015|
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0016| H0827ED1
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0017|
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0018| FORTY-THIRD LEGISLATURE
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0019| FIRST SESSION, 1997
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0020|
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0021|
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0022| March 15, 1997
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0023|
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0024| Mr. President:
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0025|
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0001| Your EDUCATION COMMITTEE, to whom has been referred
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0002|
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0003| HOUSE BILL 862, as amended
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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 PASS.
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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| Cynthia Nava, 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|
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0024| Date ________________________
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0025|
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0001|
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0002| The roll call vote was 7 For 0 Against
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0003| Yes: 7
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0004| No: 0
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0005| Excused: Boitano, Duran, Gorham
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0006| Absent: None
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0007|
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0008|
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0009| H0862ED1
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