0001| HOUSE BILL 335
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| JERRY W. SANDEL
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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| AN ACT
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0012| RELATING TO PUBLIC FUNDS; CHANGING CERTAIN PROVISIONS FOR
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0013| INVESTMENT OF THE PERMANENT FUND AND THE SEVERANCE TAX PERMANENT
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0014| FUND.
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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 6-8-9 NMSA 1978 (being Laws 1957,
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0018| Chapter 179, Section 9, as amended) is amended to read:
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0019| "6-8-9. SECURITIES AND INVESTMENT.--Money made available
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0020| for investment for a period in excess of one year may be
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0021| invested in the following classes of securities and investments:
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0022| A. bonds, notes or other obligations of the United
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0023| States government, its agencies or instrumentalities;
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0024| B. bonds, notes or obligations of a municipal or
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0025| political subdivision of this state, issued pursuant to a law of
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0001| this state; provided that the issuer has not, within ten years
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0002| prior to the making of the investment, been in default for more
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0003| than three months in the payment of any part of the principal or
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0004| interest on any debt evidenced by its bonds, notes or
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0005| obligations; and provided further, if the bonds are city or
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0006| county utility or utility-district revenue bonds, the revenues
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0007| of that utility, other than for payment of operation and
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0008| maintenance expenses, are pledged wholly to the payment of the
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0009| interest on and principal of the indebtedness and the utility
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0010| project has been completely self-supporting for a period of five
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0011| years next preceding the investment;
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0012| C. bonds, debentures or other obligations issued by
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0013| a federal land bank or by a federal intermediate credit bank or
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0014| banks for cooperatives under the acts of congress known as the
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0015| Federal Farm Loan Act, as amended, and the Farm Credit Act of
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0016| 1933, as amended;
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0017| D. bonds, debentures or other obligations issued or
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0018| guaranteed by any national mortgage association under the act of
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0019| congress of June 27, 1934 known as the National Housing Act, as
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0020| amended;
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0021| E. bonds, notes, debentures, equipment trust
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0022| certificates, conditional sales agreements or other evidences of
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0023| indebtedness of any corporation organized and operating within
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0024| the United States, rated not less than [A] Baa or BBB or the
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0025| equivalent by a national rating service;
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0001| F. common and preferred stocks and convertible
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0002| issues of any corporation organized and operating within the
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0003| United States; provided that it has a minimum net worth of
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0004| twenty-five million dollars ($25,000,000) and securities listed
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0005| on one or more national stock exchanges; and provided further
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0006| that the fund shall not own more than five percent of the voting
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0007| stock of any company. Common stocks should represent a
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0008| diversified portfolio with an above-average current yield and
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0009| the prospect for dividend increases and capital appreciation;
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0010| G. industrial revenue bonds issued pursuant to the
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0011| Industrial Revenue Bond Act, where both the principal and
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0012| interest of the bonds are fully and unconditionally guaranteed
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0013| by a lease agreement, executed by a corporation organized and
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0014| operating within the United States, rated not less than A by a
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0015| national rating service;
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0016| H. notes or obligations securing loans to New Mexico
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0017| businesses made by banks and savings and loan associations
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0018| pursuant to the act of congress of July 30, 1953 known as the
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0019| Small Business Act of 1953, as amended, only to the extent that
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0020| both principal and interest are guaranteed by the United States
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0021| government. The state investment officer may enter into
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0022| conventional agreements for the servicing of the loans and the
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0023| administration of the receipts therefrom. Any servicing
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0024| agreement may contain reasonable and customary provisions as the
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0025| state investment officer may deem advisable and as may be agreed
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0001| upon;
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0002| I. notes or obligations securing loans or
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0003| participation in loans to business concerns or other
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0004| organizations [which] that are obligated to use the loan
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0005| proceeds within New Mexico, to the extent the loans are secured
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0006| by first mortgages on real estate located in New Mexico and are
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0007| further secured by an assignment of rentals, the payment of
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0008| which is fully guaranteed by the United States in an amount
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0009| sufficient to pay all principal and interest of the mortgage;
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0010| J. notes or obligations securing loans issued by
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0011| banks and savings and loan associations pursuant to Title IV of
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0012| the act of congress of November 8, 1965 known as the Higher
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0013| Education Act of 1965, as amended, only to the extent that both
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0014| principal and interest are guaranteed unconditionally by the
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0015| United States government. The applicant banks or savings and
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0016| loan associations shall enter into an indemnity agreement to pay
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0017| off the investments, together with interest and any unpaid costs
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0018| and expenses in connection therewith, according to the terms
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0019| under which they are made in a form [which] that meets the
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0020| approval of the state investment officer. The state investment
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0021| officer may enter into conventional agreements for the servicing
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0022| of the loans and the administration of the receipts therefrom.
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0023| Any servicing agreement may contain reasonable and customary
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0024| provisions as the state investment officer may deem advisable
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0025| and as may be agreed upon;
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0001| K. obligations secured by mortgages constituting a
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0002| first lien upon real estate located within the state of New
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0003| Mexico [which] that are fully insured or guaranteed as to
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0004| the payment of the principal and interest thereof by the
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0005| government of the United States or by any authorized agency
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0006| thereof, including mortgages securing loans insured under the
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0007| National Housing Act or the Farmers' Home Administration Act, as
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0008| amended. The state investment officer may enter into
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0009| conventional agreements for the servicing of those loans and the
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0010| administration of the receipts therefrom, and any servicing
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0011| agreement may contain reasonable and customary provisions as the
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0012| state investment officer may deem advisable and as may be agreed
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0013| upon, with respect to such matters as the taking and holding of
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0014| title in the name of the servicing agent for the benefit of the
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0015| state investment officer; the physical custody of the
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0016| obligations and mortgages serviced by the servicing agent; the
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0017| deduction of the servicing agent's fee, in the amount [which]
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0018| that shall not annually exceed one-half of one percent of the
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0019| principal balance of the obligations serviced from time to time
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0020| outstanding, by the servicing agent, prior to remittance of the
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0021| proceeds; the periodic remittance of the net proceeds received
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0022| in payment on all obligations so secured to the state treasurer
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0023| as custodian of the permanent fund; the authority and duty of
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0024| the servicing agent with respect to the collection of any
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0025| obligation in default and the effectuation of the applicable
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0001| federal insurance or guarantee thereof; and other appropriate
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0002| matters; and
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0003| L. bonds, notes, debentures and other obligations
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0004| issued by the state of New Mexico. All transactions entered
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0005| into on or after July 1, 1991 shall be accounted for in
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0006| accordance with generally accepted accounting principles.
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0007| Not more than fifty percent of the total of the permanent
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0008| fund shall be invested in securities [under] described in
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0009| Subsections E and F of this section, and no more than ten
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0010| percent of the book value of the permanent fund shall be
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0011| invested in securities described in Subsection E of this section
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0012| that are rated Baa or BBB.
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0013| Commissions paid for the purchase and sale of any security
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0014| shall not exceed brokerage rates prescribed and approved by
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0015| national stock exchanges or by industry practice."
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0016| Section 2. Section 6-8-19 NMSA 1978 (being Laws 1987,
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0017| Chapter 126, Section 1, as amended) is amended to read:
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0018| "6-8-19. SHORT-TERM INVESTMENTS--REPURCHASE AGREEMENTS.--
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0019| A. Money in or derived from the land grant permanent
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0020| trust funds and in or from the severance tax permanent fund made
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0021| available for investment for a period of less than one year may
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0022| be invested in:
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0023| (1) contracts for the present purchase and
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0024| resale at a specified time in the future, not to exceed one
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0025| year, of specific securities at specified prices at a price
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0001| differential representing the interest income to be earned by
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0002| the state. No such contract shall be invested in unless the
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0003| contract is fully secured by:
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0004| (a) obligations of the United States or
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0005| other securities backed by the United States [having] if the
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0006| obligations or securities have a market value of at least one
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0007| hundred two percent of the amount of the contract; or
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0008| (b) A1 or P1 commercial paper, corporate
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0009| obligations rated AA or better and maturing in five years or
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0010| less or asset-backed securities rated AAA with an average life
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0011| of five years or less if the commercial paper, corporate
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0012| obligations or asset-backed securities have a market value of at
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0013| least one hundred three percent of the market value of the
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0014| contract;
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0015| (2) contracts for the temporary exchange of
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0016| state-owned securities for the use of broker-dealers, banks or
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0017| other recognized institutional investors in securities, for
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0018| periods not to exceed one year, for a specified fee rate. No
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0019| such contract shall be invested in unless the contract is fully
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0020| secured by exchange of an irrevocable letter of credit running
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0021| to the state, cash or equivalent collateral of at least one
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0022| hundred two percent of the market value of the securities plus
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0023| accrued interest temporarily exchanged. Such contracts may
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0024| authorize the state investment officer to invest cash collateral
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0025| in instruments or securities that are authorized investments for
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0001| the funds and may authorize payment of a fee from the funds, or
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0002| from income generated by the investment of cash collateral, to
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0003| the borrower of securities providing cash as collateral. The
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0004| state investment officer may enter into a contract that
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0005| apportions income derived from the investment of cash to pay its
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0006| agent in securities-lending transactions;
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0007| (3) commercial paper issued by corporations
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0008| organized and operating within the United States and rated
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0009| "prime" quality by a national rating service; and
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0010| (4) prime bankers' acceptances issued by money
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0011| center banks.
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0012| B. The collateral required for either of the forms
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0013| of investment specified in Paragraph (1) or (2) of Subsection A
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0014| of this section shall be delivered to the state fiscal agent or
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0015| its designee contemporaneously with the transfer of funds or
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0016| delivery of the securities, at the earliest time industry
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0017| practice permits, but in all cases settlement shall be on a
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0018| same-day basis.
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0019| C. Neither of the contracts specified in Paragraph
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0020| (1) or (2) of Subsection A of this section shall be invested in
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0021| unless the contracting bank, brokerage firm or recognized
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0022| institutional investor has a net worth in excess of five hundred
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0023| million dollars ($500,000,000) or is a primary broker or primary
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0024| dealer."
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0025| Section 3. Section 7-27-5.1 NMSA 1978 (being Laws 1983,
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0001| Chapter 306, Section 8, as amended) is amended to read:
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0002| "7-27-5.1. MARKET RATE INVESTMENTS.--
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0003| A. The severance tax permanent fund may be invested
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0004| in the following market rate investments:
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0005| (1) bonds, notes or other obligations of the
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0006| United States government, its agencies or instrumentalities and
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0007| bonds, notes or other obligations guaranteed by agencies and
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0008| instrumentalities of the United States government, including the
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0009| bureau of Indian affairs;
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0010| (2) bonds, notes, debentures or other
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0011| obligations issued under the act of congress of June 27, 1934
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0012| known as the Federal Farm Loan Act, as amended, and the
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0013| [Federal] Farm Credit Act of 1933, as amended;
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0014| (3) bonds, notes, debentures or other
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0015| obligations issued or guaranteed by any national mortgage
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0016| association under the act of congress of June 27, 1934 known as
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0017| the National Housing Act, as amended;
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0018| (4) preferred stock, common stock or
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0019| convertible issues of any corporation organized and operating
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0020| within the United States; provided that it shall have a minimum
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0021| net worth of twenty-five million dollars ($25,000,000) and
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0022| securities listed on one or more national stock exchanges or
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0023| included on a nationally recognized list of stocks; and provided
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0024| further that the fund shall not own more than five percent of
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0025| the voting stock of any company. Common stock shall not be
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0001| purchased if, at the time, it will exceed or will with the
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0002| purchase exceed [thirty-five] fifty percent of the book
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0003| value of the severance tax permanent fund. Common stocks should
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0004| represent a diversified portfolio with an above-average current
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0005| yield and the prospects for dividend increases and capital
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0006| appreciation;
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0007| (5) bonds, notes, debentures or other evidence
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0008| of indebtedness, excluding commercial paper of any corporation
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0009| organized and operating within the United States; provided that
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0010| the bonds, notes, debentures or other evidence of indebtedness
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0011| are rated at least Baa or BBB or the equivalent by a national
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0012| rating service. No more than ten percent of the severance tax
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0013| permanent fund shall be invested in bonds, notes, debentures or
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0014| other evidence of indebtedness that are rated Baa or BBB or the
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0015| equivalent by a national rating service;
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0016| (6) commercial paper rated "prime" quality by a
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0017| national rating service, issued by corporations organized and
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0018| operating within the United States;
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0019| (7) prime bankers' acceptances issued by money
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0020| center banks;
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0021| (8) contracts for the present purchase and
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0022| resale at a specified time in the future, not to exceed one
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0023| year, of specific securities at specific prices at a price
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0024| differential representing the interest income to be earned by
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0025| the state. No such contract shall be invested in unless the
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0001| contract is fully secured by:
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0002| (a) obligations of the United States or
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0003| other securities backed by the United States [having] if the
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0004| obligations or securities have a market value of at least one
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0005| hundred two percent of the amount of the contract; or
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0006| (b) A1 or P1 commercial paper, corporate
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0007| obligations rated AA or better and maturing in five years or
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0008| less or asset-backed securities rated AAA with an average life
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0009| of five years or less if the commercial paper, corporate
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0010| obligations or asset-backed securities have a market value of at
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0011| least one hundred three percent of the amount of the contract; (9) contracts for the temporary exchange of
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0012| state-owned securities for the use of broker-dealers, banks or
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0013| other recognized institutional investors in securities, for
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0014| periods not to exceed one year, for a specified fee rate. No
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0015| such contract shall be invested in unless the contract is fully
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0016| secured by exchange of an irrevocable letter of credit running
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0017| to the state, cash or equivalent collateral of at least one
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0018| hundred two percent of the market value of the securities plus
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0019| accrued interest temporarily exchanged. Such contracts may
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0020| authorize the state investment officer to invest cash collateral
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0021| in instruments or securities that are authorized investments for
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0022| the funds and may authorize payment of a fee from the funds, or
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0023| from income generated by the investment of cash collateral, to
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0024| the borrower of securities providing cash as collateral. The
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0025| state investment officer may enter into a contract that
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0001| apportions income derived from the investment of cash to pay its
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0002| agent in securities-lending transactions; and
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0003| (10) participation interests in New Mexico
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0004| real-property-related business loans. The actual amount
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0005| invested under this paragraph shall not exceed ten percent of
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0006| the severance tax permanent fund and shall be included in any
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0007| minimum amount of severance tax permanent fund investments
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0008| required to be placed in New Mexico certificates of deposit.
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0009| Investments authorized in this paragraph are subject to the
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0010| following:
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0011| (a) the state investment officer may
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0012| purchase from eligible institutions a participation interest of
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0013| up to eighty percent in any loan secured by a first mortgage or
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0014| a deed of trust on the real property located in New Mexico of an
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0015| eligible business entity, or its subsidiary, that is operating
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0016| or shall use loan proceeds to commence operations within New
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0017| Mexico plus any other guarantees or collateral that may be
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0018| judged by the eligible institution or the state investment
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0019| officer to be prudent. To be eligible for investment the
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0020| following minimum requirements shall be met: 1) the loan
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0021| proceeds shall be used exclusively for the purpose of expanding
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0022| or establishing businesses in New Mexico, including the
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0023| refinancing of such businesses for expansion purposes only. If
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0024| a portion of the loan proceeds were used for refinancing or
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0025| repaying an existing loan and payment of principal and interest
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0001| to the state has not been made within ninety days from the due
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0002| date, unless extended pursuant to agreement between the
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0003| originating institution and the state investment officer, the
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0004| originating institution shall buy back the state's participation
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0005| interest in the loan and begin foreclosure proceedings;
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0006| 2) eligible business entities shall not include public utilities
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0007| or financial institutions or shopping centers, apartment
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0008| buildings or other such passive investments; 3) the minimum loan
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0009| amount shall be two hundred fifty thousand dollars ($250,000)
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0010| and may be met by packaging up to ten separate loans satisfying
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0011| the requirements of this paragraph. The maximum loan amount
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0012| shall be two million dollars ($2,000,000); 4) the loan maturity
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0013| shall be not less than five years or more than thirty years;
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0014| 5) the maximum loan-to-value ratio shall be seventy-five percent
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0015| and based on current appraisal of the real property by an
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0016| appraiser who is licensed or certified in New Mexico and
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0017| approved by the state investment officer, which shall be made
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0018| not more than one hundred eighty days from the loan origination
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0019| date; 6) the interest rate of the loan shall be fixed for five
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0020| years and shall be adjusted at every fifth anniversary of the
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0021| note to the rate specified in Item 7) of this subparagraph;
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0022| 7) the yield on the state's participation interest shall in no
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0023| case be less than the greater of the then-prevailing yield on
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0024| United States treasury securities of five-year maturity plus two
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0025| and one-half percent or the yield received by the lending
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0001| institution calculated exclusive of servicing fees; 8) if
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0002| payment of principal or interest has not been made within one
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0003| hundred eighty days from the due date, unless extended pursuant
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0004| to agreement between the originating institution and the state
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0005| investment officer, the originating institution shall buy back
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0006| the state's participation interest in the loan, substitute
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0007| another qualifying loan or begin foreclosure proceedings; and
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0008| 9) if foreclosure proceedings are commenced, the state and the
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0009| originating institution shall share in proportion to their
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0010| participation interest, as provided in this subparagraph, in the
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0011| legal and other foreclosure expenses and in any loss incurred as
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0012| a result of a foreclosure sale;
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0013| (b) a standardized participation
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0014| agreement, the form of which shall be approved by the attorney
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0015| general's office, shall be executed between the investment
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0016| office and each eligible originating institution. The
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0017| participation agreement shall provide that the originating
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0018| institution shall not assign its interest in any loan covered by
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0019| the agreement without the prior written consent of the state
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0020| investment officer;
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0021| (c) a formal forward commitment program
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0022| may be instituted by the state investment officer with the
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0023| approval of the council;
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0024| (d) the council shall adopt regulations:
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0025| 1) defining passive investments; 2) establishing underwriting
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0001| guidelines; 3) ensuring diversification across a variety of
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0002| types of collateral, types of businesses and regions of the
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0003| state; and 4) providing for the review by the state investment
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0004| officer of servicing and other fees that may be charged by the
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0005| eligible institution;
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0006| (e) eligible institutions include banks,
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0007| savings and loan associations and credit unions operating in the
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0008| state; and
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0009| (f) real property is defined as land and
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0010| attached buildings, but excludes all interests that may be
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0011| secured by a security interest under Article 9 of the Uniform
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0012| Commercial Code, and mineral resource values.
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0013| B. The collateral required for either of the forms
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0014| of investment specified in Paragraph (8) or (9) of Subsection A
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0015| of this section shall be delivered to the state fiscal agent or
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0016| its designee contemporaneously with the transfer of funds or
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0017| delivery of the securities, at the earliest time industry
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0018| practice permits, but in all cases settlement shall be on a
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0019| same-day basis.
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0020| C. Neither of the contracts specified in Paragraph
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0021| (8) or (9) of Subsection A of this section shall be invested in
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0022| unless the contracting bank, brokerage firm or recognized
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0023| institutional investor has a net worth in excess of five hundred
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0024| million dollars ($500,000,000) or is a primary broker or primary
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0025| dealer."
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0001| Section 4. EFFECTIVE DATE.--The effective date of the
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0002| provisions of this act is July 1, 1996.
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0003| State of New Mexico
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0004| House of Representatives
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0005|
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0006| FORTY-SECOND LEGISLATURE
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0007| SECOND SESSION, 1996
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0008|
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0009|
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0010| February 2, 1996
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0011|
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0012|
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0013| Mr. Speaker:
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0014|
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0015| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0016| been referred
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0017|
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0018| HOUSE BILL 335
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0019|
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0020| has had it under consideration and reports same with
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0021| recommendation that it DO PASS, amended as follows:
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0022|
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0023| 1. On page 6, line 6, strike "total" and insert in lieu
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0024| thereof "book value".
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0025|
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0001| 2. On page 6, line 7, after "invested" insert "at any given
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0002| time".
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0003|
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0004| 3. On page 6, line 10, after "invested" insert "at any given
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0005| time".,
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0006|
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0007| and thence referred to the APPROPRIATIONS AND FINANCE
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0008| COMMITTEE.
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0009|
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0010| Respectfully submitted,
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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| Jerry W. Sandel, Chairman
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0016|
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0017|
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0018| Adopted Not Adopted
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0019|
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022| Date
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0023|
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0024| The roll call vote was 12 For 0 Against
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0025| Yes: 12
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0001| Excused: Gonzales
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0002| Absent: None
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0003|
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0004|
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0005| .111603.1
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0006| H0335TR1 State of New Mexico
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0007| House of Representatives
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0008|
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0009| FORTY-SECOND LEGISLATURE
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0010| SECOND SESSION, 1996
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0011|
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0012|
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0013| February 2, 1996
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0014|
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0015|
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0016| Mr. Speaker:
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0017|
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0018| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0019| been referred
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0020|
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0021| HOUSE BILL 335
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0022|
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0023| has had it under consideration and reports same with
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0024| recommendation that it DO PASS, amended as follows:
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0025|
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0001| 1. On page 6, line 6, strike "total" and insert in lieu
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0002| thereof "book value".
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0003|
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0004| 2. On page 6, line 7, after "invested" insert "at any given
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0005| time".
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0006|
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0007| 3. On page 6, line 10, after "invested" insert "at any given
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0008| time".,
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0009|
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0010| and thence referred to the APPROPRIATIONS AND FINANCE
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0011| COMMITTEE.
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0012|
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0013| Respectfully submitted,
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0014|
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0015|
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0016|
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0017|
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0018| Jerry W. Sandel, Chairman
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0019|
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0020|
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0021| Adopted Not Adopted
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0022|
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025| Date
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0001|
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0002| The roll call vote was 12 For 0 Against
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0003| Yes: 12
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0004| Excused: Gonzales
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0005| Absent: None
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0006|
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0007|
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0008| .111603.1
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0009| H0335TR1 State of New Mexico
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0010| House of Representatives
|
0011|
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0012| FORTY-SECOND LEGISLATURE
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0013| SECOND SESSION, 1996
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0014|
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0015|
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0016| February 6, 1996
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0017|
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0018|
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0019| Mr. Speaker:
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0020|
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0021| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0022| whom has been referred
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0023|
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0024| HOUSE BILL 335, as amended
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0025|
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0001| has had it under consideration and reports same with
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0002| recommendation that it DO PASS.
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0003|
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0004| Respectfully submitted,
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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| Max Coll, Chairman
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0010|
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0011|
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0012| Adopted Not Adopted
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0013|
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016| Date
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0017|
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0018| The roll call vote was 11 For 0 Against
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0019| Yes: 11
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0020| Excused: Bird, Casey, Gentry, Martinez, Picraux, Salazar,
|
0021| Watchman
|
0022| Absent: none
|
0023|
|
0024|
|
0025|
|
0001| H0335AF1
|
0002|
|
0003| FORTY-SECOND LEGISLATURE
|
0004| SECOND SESSION, 1996
|
0005|
|
0006|
|
0007| February 12, 1996
|
0008|
|
0009| Mr. President:
|
0010|
|
0011| Your WAYS AND MEANS COMMITTEE, to whom has been
|
0012| referred
|
0013|
|
0014| HOUSE BILL 335, as amended
|
0015|
|
0016| has had it under consideration and reports same with
|
0017| recommendation that it DO PASS, and thence referred to the
|
0018| FINANCE COMMITTEE.
|
0019|
|
0020| Respectfully submitted,
|
0021|
|
0022|
|
0023|
|
0024| __________________________________
|
0025| TITO D. CHAVEZ, Chairman
|
0001|
|
0002|
|
0003|
|
0004| Adopted_______________________ Not Adopted_______________________
|
0005| (Chief Clerk) (Chief Clerk)
|
0006|
|
0007|
|
0008| Date ________________________
|
0009|
|
0010|
|
0011| The roll call vote was 7 For 0 Against
|
0012| Yes: 7
|
0013| No: 0
|
0014| Excused: Romero
|
0015| Absent: None
|
0016|
|
0017|
|
0018| H0335WM1
|
0019|
|
0020|
|
0021|
|
0022| FORTY-SECOND LEGISLATURE
|
0023| SECOND SESSION, 1996
|
0024|
|
0025|
|
0001| February 13, 1996
|
0002|
|
0003| Mr. President:
|
0004|
|
0005| Your FINANCE COMMITTEE, to whom has been referred
|
0006|
|
0007| HOUSE BILL 335, as amended
|
0008|
|
0009| has had it under consideration and reports same with
|
0010| recommendation that it DO PASS.
|
0011|
|
0012| Respectfully submitted,
|
0013|
|
0014|
|
0015|
|
0016| __________________________________
|
0017| Ben D. Altamirano, Chairman
|
0018|
|
0019|
|
0020|
|
0021| Adopted_______________________ Not Adopted_______________________
|
0022| (Chief Clerk) (Chief Clerk)
|
0023|
|
0024|
|
0025|
|
0001| Date ________________________
|
0002|
|
0003|
|
0004| The roll call vote was 8 For 0 Against
|
0005| Yes: 8
|
0006| No: 0
|
0007| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar
|
0008| Absent: None
|
0009|
|
0010|
|
0011| H0335FC1
|
0012|
|