0001| SENATE BILL 271
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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| TIMOTHY Z. JENNINGS
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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 AGRICULTURE; CREATING THE NEW MEXICO SHEEP AND GOAT
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0012| COUNCIL; ESTABLISHING MEMBERSHIP, POWERS AND DUTIES;
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0013| AUTHORIZING AN ASSESSMENT; MAKING AN APPROPRIATION.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. SHORT TITLE.--This act may be cited as the
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0017| "New Mexico Sheep and Goat Act".
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0018| Section 2.--DEFINITIONS.--As used in the New Mexico Sheep
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0019| and Goat Act:
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0020| A. "board" means the New Mexico livestock board;
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0021| B. "council" means the New Mexico sheep and goat
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0022| council;
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0023| C. "department" means the New Mexico department of
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0024| agriculture;
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0025| D. "director" means the director of the New Mexico
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0001| department of agriculture;
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0002| E. "handler" means any producer, processor,
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0003| distributor or other person engaged in handling, marketing or
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0004| dealing in sheep or haired goats; and
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0005| F. "producer" means any person engaged in the
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0006| business of raising, breeding, feeding or growing sheep or
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0007| haired goats.
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0008| Section 2. SHEEP AND GOAT COUNCIL CREATED--ELECTION--
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0009| VACANCIES--EX-OFFICIO MEMBERS.--
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0010| A. There is created the "New Mexico sheep and goat
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0011| council", consisting of seven members. Members shall be
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0012| elected by producers from nominations made to the director by
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0013| producers or producer organizations.
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0014| B. The initial members of the council shall be
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0015| elected as follows:
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0016| (1) two members for one-year terms;
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0017| (2) two members for two-year terms; and
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0018| (3) three members for three-year terms.
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0019| C. Thereafter, each member shall be elected for a
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0020| term ending three years from the date of expiration of the term
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0021| for which his predecessor was elected, except in case of a
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0022| vacancy, when the appointee shall serve the unexpired part of
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0023| the term of the member whom he replaces. Vacancies shall be
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0024| filled by appointment by the director from nominations made by
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0025| producers and producer organizations. The director shall serve
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0001| as an ex-officio, nonvoting member of the council.
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0002| Section 4. COUNCIL MEMBER QUALIFICATIONS.--
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0003| A. Each member of the council shall have the
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0004| following qualifications, which shall continue during his term
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0005| of office:
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0006| (1) be actively engaged in sheep or goat
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0007| production; or
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0008| (2) be in some branch of the sheep or haired
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0009| goat business and during his entire term receive a substantial
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0010| portion of his income from the sheep or haired goat business.
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0011| B. Members of the council shall be elected
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0012| according to the following plan: two producers from northern
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0013| New Mexico in areas north of interstate 40, four producers from
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0014| southern New Mexico in areas south of interstate 40 and one
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0015| handler of sheep or haired goats or products.
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0016| Section 5. OFFICERS--MEETINGS--EXPENSES.--The council
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0017| shall elect annually a chairman, vice chairman and such other
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0018| officers as it deems necessary from among its members. The
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0019| council shall meet at least once each six months and at such
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0020| other times as it may be called by the chairman. The council
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0021| may provide rules for reimbursement of members' expenses while
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0022| on official business of the council, but such reimbursement
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0023| shall in no case exceed the provisions of the Per Diem and
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0024| Mileage Act. Council members shall receive no other
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0025| compensation, perquisite or allowance.
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0001| Section 6. DUTIES--POWERS.--
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0002| A. The council shall:
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0003| (1) conduct marketing programs, including
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0004| promotion, education and research, promoting sheep and haired
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0005| goat products;
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0006| (2) submit to the director a detailed annual
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0007| budget for the council on a fiscal-year basis and provide a
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0008| copy of the budget upon request to any person who has paid an
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0009| assessment or made a contribution under the New Mexico Sheep
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0010| and Goat Act;
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0011| (3) bond officers and employees of the council
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0012| who receive and disburse council funds;
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0013| (4) keep detailed and accurate records for all
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0014| receipts and disbursements, have those records audited annually
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0015| and keep the audit available for inspection in the council
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0016| office;
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0017| (5) establish procedures for the adoption of
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0018| regulations that will provide for input from producers;
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0019| (6) determine and publish each year the
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0020| assessment rates to be collected by the board; and
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0021| (7) employ staff not to exceed three persons.
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0022| B. The council may:
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0023| (1) contract for scientific research to
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0024| discover and improve the commercial value of sheep and haired
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0025| goats and products thereof;
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0001| (2) disseminate information showing the value
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0002| of sheep and haired goats and products for any purpose for
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0003| which they may be found useful and profitable;
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0004| (3) fund programs to enhance the efficiencies
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0005| of sheep and haired goat production;
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0006| (4) make grants to research agencies for
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0007| financing studies or for the purchase or acquisition of
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0008| facilities necessary to carry out the purposes of the council
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0009| as authorized by the New Mexico Sheep and Goat Act;
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0010| (5) cooperate with any local, state or
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0011| national organizations or agencies, whether created by law or
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0012| voluntary, engaged in work activities similar to that of the
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0013| council, and enter into contracts with those organizations or
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0014| agencies and expend funds in connection therewith for carrying
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0015| on joint programs;
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0016| (6) study federal and state legislation with
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0017| respect to tariffs, duties, reciprocal trade agreements, import
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0018| quotas and other matters concerning the effect on the sheep and
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0019| haired goat industry and represent and protect the interests of
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0020| the industry with respect to any legislation or proposed
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0021| legislation or executive action that may affect that industry;
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0022| (7) enter into contracts that it deems
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0023| appropriate to the carrying out of the purposes of the council
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0024| as authorized by the New Mexico Sheep and Goat Act;
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0025| (8) sue and be sued as a council without
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0001| individual liability for acts of the council within the scope
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0002| of the powers conferred upon it by the New Mexico Sheep and
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0003| Goat Act;
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0004| (9) appoint subordinate officers and employees
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0005| of the council and prescribe their duties and fix their
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0006| compensation;
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0007| (10) adopt regulations for the exercise of its
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0008| powers and duties. A copy of all council regulations shall be
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0009| filed with the department; and
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0010| (11) cooperate with other state councils or
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0011| agencies in the collection of assessments.
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0012| Section 7. FUNDING.--In order to accomplish the purposes
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0013| of the New Mexico Sheep and Goat Act, the council is empowered
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0014| to:
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0015| A. receive any funds that may be returned to the
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0016| New Mexico sheep and haired goat industry as its share of
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0017| assessments collected by a national sheep promotion research
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0018| and information board or any similar entity;
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0019| B. accept grants, donations, contributions or gifts
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0020| from any source for expenditure for any purpose consistent with
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0021| the powers and duties conferred on the council; and
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0022| C. receive any other funds that may be authorized
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0023| by law.
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0024| Section 8. ASSESSMENTS.--There is levied and imposed upon
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0025| all sheep and haired goats involved in a transfer of ownership
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0001| in the state an assessment to be called the "council
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0002| assessment". The council assessment is to be fixed by the
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0003| council at a rate not more than one dollar ($1.00) per head.
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0004| The board shall collect this council assessment at the same
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0005| time and in the same manner as the fee charged for the state
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0006| inspection required upon the movement of those sheep and haired
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0007| goats. The board shall not deliver the certificate of
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0008| inspection or permit the sheep or haired goats to move until
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0009| all fees have been paid. The proceeds of the council
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0010| assessment shall be remitted by the board to the council at the
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0011| end of each month along with information that will allow the
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0012| council to make necessary refunds. At the request of the
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0013| board, the council shall reimburse the board for the
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0014| responsible and necessary expenses incurred for such
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0015| collections and information not to exceed three percent of
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0016| collections on those sheep and haired goats involved in a
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0017| transfer of ownership.
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0018| Section 9. REFUNDS.--Any person who has paid a council
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0019| assessment is entitled to a refund of the amount paid by making
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0020| written application for the refund to the council. The
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0021| application form shall be returned within thirty days after the
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0022| inspection was made giving rise to the council assessment and
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0023| shall contain enough detail to enable the council to find the
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0024| record of payment. Refunds shall be made within thirty days of
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0025| the date of the application unless the proceeds and the
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0001| necessary information have not been received by the council, in
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0002| which case the refund shall be made within fifteen days after
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0003| receipt of the proceeds and necessary information. The form
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0004| shall be provided by the board at the time of inspection.
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0005| Section 10. DISPOSITION OF FUNDS.--
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0006| A. All funds received by the council shall be
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0007| received and disbursed directly by the council. Such funds
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0008| shall be audited in accordance with the provisions of the Audit
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0009| Act. The council is not required to submit vouchers, purchase
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0010| orders or contracts to the department of finance and
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0011| administration as otherwise required by Section 6-5-3 NMSA
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0012| 1978.
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0013| B. The council shall issue warrants against funds
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0014| of the council in payment of its lawful obligations. The
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0015| council shall provide its own warrants, purchase orders and
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0016| contract forms as well as other supplies and equipment. All
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0017| warrants shall be signed by a council member and one other
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0018| person designated by the council.
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0019| C. The council shall designate banks where its
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0020| funds are to be deposited, provided such banks have been
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0021| qualified as depository banks for state funds.
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0022| Section 11. PROCUREMENT CODE--PERSONNEL ACT--EXEMPTIONS--
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0023| TORT CLAIMS ACT.--The council is exempt from the provisions of
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0024| the Procurement Code and the Personnel Act. The council
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0025| members and employees shall be subject to the Tort Claims Act
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0001| and shall be provided all insurance and self-insurance coverage
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0002| provided by the risk management division of the general
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0003| services department.
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0004|
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0005|
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0006|
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0007| FORTY-THIRD LEGISLATURE
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0008| FIRST SESSION, 1997 SB 271/a
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0009|
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0010|
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0011| February 11, 1997
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0012|
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0013| Mr. President:
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0014|
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0015| Your CONSERVATION COMMITTEE, to whom has been referred
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0016|
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0017| SENATE BILL 271
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, amended as follows:
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0021|
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0022| 1. On page 2, line 8, strike "Section 2" and insert in lieu
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0023| thereof "Section 3".
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0024|
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0025| 2. On page 3, line 15, between "or" and "products" insert
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0001| "their".
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0002|
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0003| 3. On page 5, line 12, after "work" insert "or".
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0004|
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0005| 4. On page 7, line 3, strike "one dollar ($1.00)" and
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0006| insert in lieu thereof "fifty cents ($.50)".
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0007|
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0008| 5. On page 7, line 13, strike "responsible" and insert in
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0009| lieu thereof "reasonable".
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0010|
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0011| 6. On page 7, line 15, strike "three percent of
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0012| collections" and insert in lieu thereof "three cents ($.03) per
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0013| head".
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0014|
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0015| and thence referred to the 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| Michael S. Sanchez, Chairman
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0023|
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0024|
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0025| Adopted_______________________ Not
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0001| Adopted_______________________
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004| Date ________________________
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0005|
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0006|
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0007|
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0008|
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0009|
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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| No: None
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0014| Excused: Kysar, Lyons, Tsosie
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0015| Absent: None
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0016|
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0017|
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0018|
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0019|
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0020|
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0021| S0271CO1 .115645.2/a
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0022|
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0023| FORTY-THIRD LEGISLATURE SB 271/a
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| February 28, 1997
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0003|
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0004| Mr. President:
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0005|
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0006| Your FINANCE COMMITTEE, to whom has been referred
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0007|
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0008| SENATE BILL 271, as amended
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0009|
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0010| has had it under consideration and reports same with
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0011| recommendation that it DO PASS, amended as follows:
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0012|
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0013| 1. Strike Senate Conservation Committee Amendment 6.
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0014|
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0015| 2. On page 2, line 4, after "goats" insert "or their
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0016| products".
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0017|
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0018| 3. On page 7, line 15, strike "three" and insert in
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0019| lieu thereof "four".
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0020|
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0021|
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0022|
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0023| Respectfully submitted,
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0024|
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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| Ben D. Altamirano, Chairman
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0005|
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0006|
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0007|
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0008| Adopted_______________________ Not
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0009| Adopted_______________________
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012|
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0013| Date ________________________
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0014|
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0015|
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0016| The roll call vote was 6 For 0 Against
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0017| Yes: 6
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0018| No: None
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0019| Excused: Carraro, Eisenstadt, Ingle, McKibben, Smith
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0020| Absent: None
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0021|
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0022| S0271FC1 .117930.1
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0023|
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0024| State of New Mexico
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0025| House of Representatives
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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| March 11, 1997
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your AGRICULTURE AND WATER RESOURCES COMMITTEE,
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0012| to whom has been referred
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0013|
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0014| SENATE BILL 271, as amended
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS, amended as follows:
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0018|
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0019| 1. Strike Senate Conservation Committee Amendment 4.
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0020|
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0021| 2. On page 7, line 3, strike "one dollar ($1.00)" and
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0022| insert "seventy-five cents ($.75)".,
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0023|
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0024| and thence referred to the APPROPRIATIONS AND FINANCE
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0025| 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| G. X. McSherry, Chairman
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0008|
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0009|
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0010| Adopted Not Adopted
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0011|
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014| Date
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0015|
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0016| The roll call vote was 6 For 0 Against
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0017| Yes: 6
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0018| Excused: Dana, Porter, Wright
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0019| Absent: None
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0020|
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0021|
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0022| .118674.1
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0023| G:\BILLTEXT\BILLW_97\S0271 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| March 16, 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| SENATE BILL 271, as amended
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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.
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0017|
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0018| Respectfully submitted,
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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 15 For 0 Against
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0008| Yes: 15
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0009| Excused: Marquardt, Watchman
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0010| Absent: None
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0011|
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0012|
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0013| G:\BILLTEXT\BILLW_97\S0271
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