0001| HOUSE BILL 3
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1996
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0003| INTRODUCED BY
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0004| SAMUEL F. VIGIL
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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; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
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0012|
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0013| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0014| Section 1. SHORT TITLE.--This act may be cited as the "Education Appropriation Act".
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0015| Section 2. DEFINITIONS.--As used in the Education Appropriation Act:
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0016| A. "federal funds" means any payments by the United States government to state
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0017| government or state agencies for specific purposes or in lieu of taxes, including grants,
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0018| reimbursements and payments made in accordance with contracts or cooperative agreements, and
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0019| shared revenue except those payments made in accordance with the federal Mineral Lands Leasing Act
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0020| (30 U.S.C.A. 181, et seq.) and the State and Local Fiscal Assistance Act of 1972 (31 U.S.C.A.
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0021| 1221-1264), as amended;
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0022| B. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes
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0023| severance tax income fund and federal Mineral Lands Leasing Act receipts; and
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0024| C. "other state funds" means:
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0025| (1) unencumbered nonreverting balances in state agency accounts, other than in
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0001| internal service funds accounts, appropriated by the Education Appropriation Act;
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0002| (2) all revenue available to state agencies from sources other than the general
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0003| fund, internal service funds, interagency tranfers and federal funds; and
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0004| (3) all revenue, the use of which is restricted by statute or agreement.
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0005| Section 3. FORMAT.--The general format of the appropriations set forth in the Education
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0006| Appropriation Act with respect to symbols used, column headings and amounts stated are those used
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0007| in the General Appropriation Act of 1995.
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0008| Section 4. APPROPRIATIONS.--The appropriation for public school support in fiscal year 1997
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0009| shall be:
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0010| PUBLIC SCHOOL SUPPORT:
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0011| (1) State equalization guarantee
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0012| distribution: 1,164,496.8 1,000.0 1,165,496.8
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0013| (2) Transportation distributions:
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0014| (a) Operations 68,153.7 68,153.7
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0015| (b) School-owned bus
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0016| replacements 2,152.4 2,152.4
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0017| (c) Contractor-owned bus
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0018| rent fees 9,826.4 9,826.4
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0019| Subtotal 80,132.5 80,132.5
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0020| (3) Supplemental distributions:
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0021| (a) Out-of-state tuition 390.0 390.0
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0022| (b) Emergency 1,421.0 1,421.0
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0023| (c) Emergency capital outlay 300.0 300.0
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0024| (4) Training and experience 3,214.0 3,214.0
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0025| (5) Special education - eval. svcs 2,800.0 2,800.0
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0001| Subtotal 1,252,754.3 1,000.0 1,253,754.3
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0002| The rate of distribution of the state equalization guarantee distribution shall be based on
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0003| a program unit value determined by the superintendent of public instruction. That unit value
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0004| shall be used to establish tentative budgets for the 1996-97 school year. Upon completion of
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0005| final budgets or verification of the number of units statewide for fiscal year 1997, the
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0006| superintendent of public instruction may adjust the program unit value.
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0007| The general fund appropriation of three million two hundred fourteen thousand dollars
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0008| ($3,214,000) for training and experience shall enable the superintendent of public instruction to
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0009| make an additional distribution to certain local school districts. Any local school district not
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0010| receiving a waiver from the superintendent of public instruction in the calculation of the October
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0011| 1995 training and experience index for instructional staff shall receive an additional
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0012| distribution for the 1996-97 school year. That distribution shall be calculated as follows:
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0013| number of membership program units in that district times (.007) times the unit value established
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0014| by the superintendent of public instruction for the 1996-97 school year.
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0015| The general fund appropriation of two million eight hundred thousand dollars ($2,800,000)
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0016| for special education evaluative services shall be distributed to school districts requiring the
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0017| services of special education evaluative personnel in fiscal year 1997 as determined by the
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0018| superintendent of public instruction.
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0019| The general fund appropriation to the public school fund shall be reduced by the amounts
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0020| transferred to the public school fund from the current school fund and from the federal Mineral
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0021| Lands Leasing Act (30 U.S.C.A. 181, et seq.) receipts otherwise unappropriated.
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0022| Unexpended or unencumbered balances in the distributions authorized remaining at the end of
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0023| fiscal year 1997 from appropriations made from the general fund shall revert to the general fund.
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0024| INSTRUCTIONAL MATERIAL FUND: 22,620.7 500.0 23,120.7
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0025| The appropriation to the instructional material fund is made from the federal Mineral Lands
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0001| Leasing Act (30 U.S.C.A. 181, et seq.) receipts.
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0002| STATE SUPPORT RESERVE FUND: 1,250.0 1,250.0
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0003| EDUCATIONAL TECHNOLOGY FUND: 3,050.0 3,050.0
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0004| TOTAL PUBLIC SCHOOL SUPPORT: 1,279,675.0 1,500.0 1,281,175.0
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0005| ADULT BASIC EDUCATION FUND: 3,000.0 1,645.3 4,645.3
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0006| STATE DEPARTMENT OF PUBLIC EDUCATION:
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0007| (1) Administration:
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0008| (a) Personal services 5,346.4 30.3 2,739.5 8,116.2
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0009| (b) Employee benefits 1,471.7 9.5 797.4 2,278.6
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0010| (c) In-state travel 296.1 5.5 191.4 493.0
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0011| (d) Maintenance and repairs 104.7 36.2 4.3 145.2
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0012| (e) Supplies and materials 144.6 30.2 94.5 269.3
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0013| (f) Contractual services 251.0 13.8 690.4 955.2
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0014| (g) School bus inspections 295.0 295.0
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0015| (h) Operating costs 351.8 5.3 551.8 908.9
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0016| (i) Other costs 3.4 204.0 207.4
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0017| (j) Capital outlay 20.9 49.4 70.3
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0018| (k) Out-of-state travel 25.0 .8 64.6 90.4
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0019| (l) Operating transfers out 5.2 .1 152.0 157.3
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0020| Authorized FTE: 169.0 Permanent; 65.0 Term; .2 Temporary
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0021| Subtotal 8,315.8 50.0 81.7 5,539.3 13,986.8
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0022| The general fund appropriation to the state department of public education includes two
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0023| hundred ninety-five thousand dollars ($295,000) to implement and administer a school bus
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0024| inspection program.
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0025| The appropriation to the state department of public education includes two hundred thirty-four thousand five hundred dollars ($234,500) from federal Mineral Lands Leasing Act (30 U.S.C.A.
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0001| 181, et seq.) receipts.
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0002| Category transfers and budget increases from internal service funds/interagency transfers
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0003| are specifically authorized for the state department of public education. Such internal service
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0004| funds/interagency transfers are appropriated.
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0005| (2) Special projects: 3,000.0 3,000.0
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0006| (3) Apprenticeship assistance: 600.0 600.0
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0007| (4) Regional education cooperatives:
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0008| (a) Region IX 56.6 1,402.8 1,459.4
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0009| Authorized FTE: 26.0 Term
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0010| (b) High Plains 1,122.4 1,160.9 2,283.3
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0011| Authorized FTE: 44.15 Term
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0012| (c) Central 681.5 1,107.1 1,788.6
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0013| Authorized FTE: 27.56 Term
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0014| Category transfers and budget increases from other state funds and internal service
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0015| funds/interagency transfers are specifically authorized for regional education cooperatives. Such
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0016| other state funds and internal service funds/interagency transfers are appropriated.
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0017| Section 5. SEVERABILITY.--If any part or application of this act is held invalid, the
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0018| remainder or its application to other situations or persons shall not be affected.
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0019| Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this
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0020| act take effect immediately.
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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| FORTY-SECOND LEGISLATURE
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0003| SECOND SESSION
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0004|
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0005|
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0006| January 24, 1996
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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 EDUCATION COMMITTEE, to whom has been referred
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0012|
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0013|
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0014| HOUSE BILL 3
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0015|
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0016|
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0017| has had it under consideration and reports same with recommendation that it DO PASS, amended
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0018| as follows:
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0019|
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0020|
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0021| 1. On page 2, line 12, under the column "General Fund", strike "1,164,496.8" and insert
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0022| in lieu thereof "1,187,945.8".
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0023|
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0024| 2. On page 2, between lines 12 and 13, insert the following item and appropriation under
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0025| the column "General Fund" to read:
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0001|
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0002| "(a) Additional state equalization guarantee distribution - special education
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0003| 2,800".
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0004|
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0005| 3. On page 2, line 14, under the column "General Fund", strike "68,153.7" and insert in
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0006| lieu thereof "68,939.3".
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0007|
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0008| 4. On page 2, strike line 25 in its entirety.
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0009|
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0010| 5. On page 3, between lines 6 and 7, insert the following new paragraphs to read:
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0011|
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0012|
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0013|
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0014| "For the 1996-97 school year, the additional state equalization guarantee distribution
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0015| for special education shall be added to the state equalization guarantee distribution prior to
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0016| the calculation required pursuant to Section 22-8-25 NMSA 1978. During that school year, the
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0017| state department of public education shall define special education related services to
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0018| include evaluation for purposes of calculating the state equalization guarantee distribution.
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0019|
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0020| Included in the above distributions are sufficient funds for an average two percent
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0021| salary increase for all public school personnel.".
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0022|
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0023| 6. On page 3, line 13, strike "(.007)" and insert in lieu thereof "(.006)".
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0024|
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0025| 7. On page 3, strike lines 15 through 18 in their entirety.
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0001|
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0002| 8. On page 4, line 3, under the column "General Fund", strike "3,050.0" and insert in
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0003| lieu thereof "3,400.0".
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0004|
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0005| 9. On page 4, line 4, under the column "General Fund", strike "1,279,675.0" and insert
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0006| in lieu thereof "1,304,259.6".
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0007|
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0008| 10. On page 4, line 5, under the column "General Fund", strike "3,000.0" and under the
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0009| column "Federal Funds", strike "1,645.3".
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0010|
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0011| 11. On page 4, between lines 5 and 6, insert the following items, appropriations under
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0012| the columns "General Fund" and "Federal Funds" and language to read:
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0013|
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0014| "(a) General education development 342.9 182.8
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0015| (b) Project forward 414.9 221.2
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0016| (c) Adult basic education 1,739.0 926.9
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0017| (d) English as a second language 589.9 314.4
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0018| Subtotal 3,086.7 1,645.3
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0019|
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0020|
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0021|
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0022| The state department of public education shall proportionately distribute the adult basic
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0023| education appropriation to each adult basic education instructional site based on the number
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0024| of students in each program as verified by the department for the 1995-96 school year. Each
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0025| site shall keep accurate counts of the students in the programs and report to the department.
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0001| Transfer of funds from one program to another shall be determined on a site-by-site basis and
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0002| must be approved by the legislative finance committee and the commission on higher
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0003| education.".
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0004|
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0005| 12. On page 4, line 14, under the column "General Fund", strike "295.0" and insert in
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0006| lieu thereof "75.0".
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0007|
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0008| 13. On page 4, lines 22 and 23, strike "two hundred ninety-five thousand dollars
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0009| ($295,000)" and insert in lieu thereof "seventy-five thousand dollars ($75,000)".
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0010|
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0011| 14. On page 5, between lines 5 and 6, insert the following:
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0012|
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0013| "Unexpended or unencumbered balances in the state department of public education remaining at
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0014| the end of fiscal year 1997 from appropriations made from the general fund shall not revert.".
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0015|
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0016| 15. On page 5, line 13, under the column "Other State Funds", strike "681.5" and insert
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0017| in lieu thereof "1,367.1".
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0018|
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0019| 16. On page 5, between lines 14 and 15, insert the following items, appropriations under
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0020| the columns "Other State Funds" and "Federal Funds" and language to read:
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0021|
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0022| "(d) Northeast 24.3 721.6
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0023| Authorized FTE: 3.9 Term
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0024|
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0025| (e) Pecos Valley 413.9 838.4
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0001| Authorized FTE: 21.8 Term
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0002|
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0003|
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0004|
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0005|
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0007|
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0008|
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0009| The appropriations to the Northeast and Pecos Valley regional
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0010| education cooperatives are contingent upon the state department of public education completing
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0011| and distributing a regional education cooperative operating manual for all existing regional
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0012| education cooperatives. The manual shall delineate the oversight role of the state department
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0013| of public education and shall be approved by the legislative finance committee and the
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0014| legislative education study committee.
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0015|
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0016| In distributing money appropriated to the state department of public education for
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0017| special projects, the department shall conduct an application and review process to determine
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0018| the specific dollar amounts to be distributed to local school districts or individual
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0019| projects. After distribution, the department shall report to the legislative education study
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0020| committee and the legislative finance committee the number of projects funded, the name and
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0021| description of projects funded, the amount awarded to each, the criteria utilized in selecting
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0022| the projects, the amount of administrative costs and direct services provided by a project,
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0023| the amount of required matching funds, funds available from other than state sources, the
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0024| population and school districts served by a project, the performance indicators and the
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0025| ability to replicate successful projects.
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0001|
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0002| In distributing the general fund appropriation for apprenticeship assistance, the state
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0003| department of public education shall conduct an application and review process to determine
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0004| the amounts to be allocated for individual programs. The department shall report to the
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0005| legislative education study committee and the legislative finance committee regarding the
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0006| number of programs funded, including the name and description of programs funded, the amount
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0007| awarded to each, the criteria utilized in making awards, the administrative costs and direct
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0008| services provided by a program, required matching funds, the availability of funds from other
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0009| than state sources, the areas served, the performance indicators and the ability to replicate
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0010| successful programs.".
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0011|
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0012|
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0013|
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0014|
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0015|
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0016| 17. On page 5, between lines 17 and 18, insert the following items, appropriations under
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0017| the column "General Fund" and language to read:
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0018|
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0019| "SPECIAL APPROPRIATIONS:
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0020| STATE DEPARTMENT OF PUBLIC EDUCATION
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0021|
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0022| (1) Staff development 178.0
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0023| (2) World class teacher project 100.0
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0024| (3) Year-round/double sessions 200.0
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0025| (4) School to work 100.0
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0001| (5) National board cert. - 4% sal. inc. 30.0
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0002| (6) Capital outlay cost-benefit study 100.0
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0003|
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0004| The general fund appropriation of one hundred seventy-eight thousand dollars ($178,000)
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0005| for staff development shall be distributed equally to each local school district to design and
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0006| implement professional development plans for all school employees based on criteria adopted by
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0007| the state board of education. The board shall develop and adopt a statewide professional
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0008| development framework based on the school districts' plans and submit a written report to the
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0009| legislative education study committee by November 1, 1996 with recommendations for future
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0010| funding of professional development.
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0011|
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0012| The general fund appropriation of two hundred thousand dollars ($200,000) for year-round
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0013| schools or double session schools shall be distributed proportionately by the superintendent
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0014| of public instruction to local school districts operating year round and to districts
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0015| operating high schools on a double-session schedule at a rate determined by the superintendent
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0016| of public instruction.
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0017|
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0018| The general fund appropriation of one hundred thousand dollars ($100,000) for school to
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0019| work shall be used to establish a school-to- work planning system to provide opportunities for
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0020| students in the work force.
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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| The general fund appropriation of thirty thousand dollars ($30,000) shall be distributed
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0003| in appropriate increments to each school district for the purpose of providing a four percent
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0004| salary increase for national board certified teachers after the superintendent of public
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0005| instruction receives official notice from the national board for professional teaching
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0006| standards verifying that a teacher in the district has received national board certification.
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0007|
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0008| The general fund appropriation of one hundred thousand dollars ($100,000) for a capital
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0009| outlay cost-benefit study shall be used to contract for a statewide study of the
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0010| infrastructure needs of school districts. The public school capital outlay council shall
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0011| develop criteria for a request for proposals and shall select the contractor for the study.
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0012| The contractor shall present a completed report of the study with recommendations to the
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0013| public school capital outlay council and the legislative education study committee no later
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0014| than December 1, 1996.
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0015|
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0016| LEGISLATIVE EDUCATION STUDY COMMITTEE:
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0017| STRATEGIC PLANNING 100.0
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0018|
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0019| The legislative education study committee, in cooperation with the legislature, the
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0020| executive, the judiciary, the state board of education and the public, shall develop and reach
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0021| consensus on a statewide strategic plan for New Mexico's public schools that provides a well-defined vision and articulated steps to define and achieve national preeminence in
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0022| education.".
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0023|
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0024| 18. Adjust all totals and subtotals accordingly.,
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0025|
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0001| and thence referred to the APPROPRIATIONS AND FINANCE COMMITTEE.
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0002|
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0003|
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0004|
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0005|
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0006|
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0007| The roll call vote on Amendments #1-13 and 15-17 was 9 For
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0008| 2 Against
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0009| Yes: 9
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0010| No: Dolliver, Weeks
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0011| Excused: Nicely
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0012| Absent: None
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0013|
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0014|
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0015| Respectfully submitted,
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0016|
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0017|
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0018| _____________________________
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0019| Sanuel F. Vigil, Chairman
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0020|
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0021|
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0022|
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0023| Adopted___________________ Not Adopted___________________
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0024| (Chief Clerk) (Chief Clerk)
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0025|
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0001|
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0002|
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0003| Date ______________
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0004|
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0005|
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0006|
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0007| The roll call vote was 9 For 3 Against
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0008| Yes: 9
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0009| No: Dolliver, Nicely, Weeks
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0010| Excused: None
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0011| Absent: None
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