0001| HOUSE BILL 1324
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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| MAX COLL
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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 THE FIRE PROTECTION FUND; ESTABLISHING A FORMULA
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0012| FOR DISTRIBUTIONS FROM THE FIRE PROTECTION FUND TO COUNTY FIRE
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0013| DISTRICTS AND MUNICIPAL FIRE DEPARTMENTS; AMENDING SECTIONS OF
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0014| THE NMSA 1978.
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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 59A-53-4 NMSA 1978 (being Laws 1984,
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0018| Chapter 127, Section 975, as amended) is amended to read:
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0019| "59A-53-4. CRITERIA FOR DETERMINATION OF NEEDS.--In
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0020| making the determination of needs pursuant to Section 59A-53-3
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0021| NMSA 1978, the marshal shall first determine that each
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0022| incorporated municipality to be certified has maintained an
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0023| official fire department created by and regulated in accordance
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0024| with a duly enacted ordinance for a period of at least one year
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0025| prior to the date of certification and possesses fire equipment
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0001| and apparatus in serviceable condition to respond to a fire
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0002| incident. The marshal shall also determine the number of fire
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0003| stations and substations located in each municipality to be
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0004| certified and shall certify to the state treasurer for each
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0005| municipality for the purpose of maintaining [a single]
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0006| each fire station and [substations] substation, if any,
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0007| [which meet] that meets the requirements of the marshal and
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0008| the requirements of this section, and in accordance with the
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0009| class insurance rating it maintains amounts for fiscal year
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0010| 1998 not to exceed the following:
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0011| class main station substation
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0012| number 1 $54,435 $20,172
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0013| number 2 50,427 18,827
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0014| number 3 46,393 17,481
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0015| number 4 42,358 16,136
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0016| number 5 40,340 14,792
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0017| number 6 38,324 13,447
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0018| number 7 36,307 12,776
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0019| number 8 34,291 12,103
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0020| number 9 25,550 10,091
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0021| number 10 22,860 none
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0022| and for fiscal year 1999 and each fiscal year thereafter,
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0023| amount for each municipality determined in accordance with the
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0024| formula in this section, using a base amount set annually by
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0025| the legislature in the general appropriation act. The base
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0001| amount shall not be less than fifty thousand dollars ($50,000)
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0002| and the substation base amount shall be thirty-six percent of
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0003| the base amount. The distribution formula is as follows:
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0004| (1) the base amount is the distribution for a
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0005| main station with a class 1 rating. The distribution for a
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0006| main station with a rating from 2 to 8 shall be calculated by
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0007| multiplying the base amount times the percentage derived from
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0008| multiplying five percent by the number that is one less than
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0009| the class rating and then subtracting the product from that
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0010| amount. The distribution for a main station with a class 9
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0011| rating shall be fifty percent of the base amount, and the
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0012| distribution for a class 10 main station shall be forty-five
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0013| percent of the base amount. Notwithstanding this calculation,
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0014| the amount distributed to any main station shall not be less
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0015| than the distribution for that class rating in fiscal year
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0016| 1998; and
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0017| (2) the substation base amount is the
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0018| distribution for a substation with a class 1 rating. The
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0019| distribution for a substation with a rating from 2 to 8 shall
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0020| be calculated in the same way as the fire station distribution
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0021| in Paragraph (1) of this subsection, using the substation base
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0022| amount. The distribution for a class 9 substation shall be
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0023| fifty-six percent of the substation base amount. Not
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0024| withstanding the distribution calculated pursuant to this
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0025| paragraph, the amount distributed for any substation shall not
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0001| be less than the distribution for that class rating in fiscal
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0002| year 1998."
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0003| Section 2. Section 59A-53-5 NMSA 1978 (being Laws 1989,
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0004| Chapter 312, Section 5, as amended) is amended to read:
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0005| "59A-53-5. ESTABLISHMENT OF COUNTY FIRE DISTRICTS.--
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0006| A. The county commissioners of any county may
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0007| establish one or more county fire districts within the county
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0008| but outside the corporate limits of any municipality. The
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0009| marshal shall determine the number of fire stations and
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0010| substations located in each county fire district to be
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0011| certified and shall certify to the state treasurer for each
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0012| county fire district for the purpose of maintaining [a
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single] each fire station and [substations] substation,
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0014| if any, [which meet] that meets the requirements of the
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0015| marshal and the requirements of this section, and in accordance
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0016| with the class insurance rating it maintains, amounts for
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0017| fiscal year 1998 not to exceed the following:
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0018| class main station
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0019| substation
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0020| number 1 $54,435 $20,172
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0021| number 2 50,427 18,827
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0022| number 3 46,393 17,481
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0023| number 4 42,358 16,136
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0024| number 5 40,340 14,792
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0025| number 6 38,324 13,447
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0001| number 7 36,307 12,776
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0002| number 8 34,291 12,103
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0003| number 9 25,550 10,091
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0004| number 10 22,860 none
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0005| and for fiscal 1999 and each fiscal year thereafter, an amount
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0006| determined in accordance with Subsection C of this section,
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0007| upon establishing, to the satisfaction of the marshal, the
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0008| following:
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0009| (1) the county fire district has maintained an
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0010| official fire department for a period of at least one year,
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0011| established and governed by appropriate resolution of the board
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0012| of county commissioners of the county in which the county fire
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0013| district is located, and possesses fire apparatus and equipment
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0014| in serviceable condition to respond to a fire incident;
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0015| (2) the geographic limits and boundaries of
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0016| the county fire district have been clearly defined and
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0017| established by the board of county commissioners of the county
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0018| in which the county fire district is located and a plat showing
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0019| the geographic limits and boundaries has been accepted by the
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0020| board of county commissioners and filed as part of the official
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0021| record of proceedings of the board and a certified copy thereof
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0022| filed with the marshal; and
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0023| (3) there is available within the geographic
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0024| limits and boundaries of the county fire district an adequate
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0025| water supply to be used in connection with the fire fighting
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0001| facilities of the county fire district.
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0002| B. The county commissioners of any county may
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0003| permit a county fire district located in the county to service
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0004| an area adjacent and contiguous to the district but within
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0005| another county; provided that the county commissioners of the
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0006| other county shall consent by resolution duly adopted to the
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0007| service and to the boundaries of the other area serviced.
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0008| Before commencement of service, a plat showing the geographic
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0009| limits and boundaries of the county fire district and of the
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0010| additional area to be serviced shall be filed with and approved
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0011| by the marshal. The county commissioners of either the county
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0012| in which the county fire district is located or of the county
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0013| in which the area being serviced is located may terminate the
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0014| service but only with the approval of the marshal.
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0015| C. The amount for each county fire district to be
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0016| certified to the state treasurer pursuant to Subsection A of
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0017| this section shall be determined in accordance with the formula
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0018| in this subsection, using a base amount set annually by the
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0019| legislature in the general appropriation act. The base amount
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0020| shall not be less than fifty thousand dollars ($50,000) and the
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0021| substation base amount shall be thirty-six percent of the base
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0022| amount. The distribution formula is as follows:
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0023| (1) the base amount is the distribution for a
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0024| main station with a class 1 rating. The distribution for a
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0025| main station with a rating from 2 to 8 shall be calculated by
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0001| multiplying the base amount times the percentage derived from
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0002| multiplying five percent by the number that is one less than
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0003| the class rating and then subtracting the product from that
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0004| amount. The distribution for a main station with a class 9
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0005| rating shall be fifty percent of the base amount, and the
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0006| distribution for a class 10 main station shall be forty-five
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0007| percent of the base amount. Notwithstanding this calculation,
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0008| the amount distributed to any fire station shall not be less
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0009| than the distribution for that class rating in fiscal year
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0010| 1998; and
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0011| (2) the substation base amount is the
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0012| distribution for a substation with a class 1 rating. The
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0013| distribution for a substation with rating from 2 to 8 shall be
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0014| calculated in the same way as the fire station distribution in
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0015| Paragraph (1) of this subsection, using the substation base
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0016| amount. The distribution for a class 9 substation shall be
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0017| fifty-six percent of the substation base amount.
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0018| Notwithstanding the distribution calculated pursuant to this
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0019| paragraph, the amount distributed for any substation shall not
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0020| be less than the distribution for that class rating in fiscal
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0021| year 1998."
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0022| State of New Mexico
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0023| House of Representatives
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION, 1997
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0002|
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0003|
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0004| March 10, 1997
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0005|
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0006|
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0007| Mr. Speaker:
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0008|
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0009| Your JUDICIARY COMMITTEE, to whom has been referred
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0010|
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0011| HOUSE BILL 1324
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS, and thence referred to the
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0015| APPROPRIATIONS AND FINANCE COMMITTEE.
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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| Thomas P. Foy, 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 7 For 2 Against
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0008| Yes: 7
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0009| No: King, Pederson
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0010| Excused: Carpenter, Mallory, Rios, Sanchez
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0011| Absent: None
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0012|
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0013|
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0014| G:\BILLTEXT\BILLW_97\H1324
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