0001| HOUSE BILL 280
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MARY HELEN GARCIA
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO EDUCATION; AMENDING THE EDUCATIONAL RETIREMENT ACT
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0012| TO ALLOW PROVISIONAL MEMBERS TO ACQUIRE EARNED SERVICE CREDIT
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0013| FOR CERTAIN PERIODS OF EMPLOYMENT.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 22-11-17 NMSA 1978 (being Laws 1967,
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0017| Chapter 16, Section 141, as amended) is amended to read:
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0018| "22-11-17. PROVISIONAL MEMBERSHIP.--
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0019| A. A provisional member shall be covered by the
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0020| provisions of the Educational Retirement Act but shall have the
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0021| option to exempt himself from its coverage. A provisional
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0022| member exempting himself from the provisions of the Educational
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0023| Retirement Act shall not be entitled to the benefits or
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0024| coverage under any other state retirement program except as
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0025| otherwise provided in this section. This section shall not
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0001| affect any rights a provisional member may have under the
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0002| provisions of the federal Social Security Act. This option to
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0003| exempt must be exercised within one year of employment
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0004| according to the regulations adopted by the board. Any
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0005| provisional member exempting himself pursuant to this section
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0006| shall be entitled to a refund of any contributions made
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0007| pursuant to the Educational Retirement Act prior to the
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0008| exercise of the exemption.
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0009| B. A provisional member not exempt from the
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0010| coverage of the Educational Retirement Act shall have the right
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0011| to earned service-credit for periods of employment subsequent
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0012| to July 1, 1957 and prior to July 1, 1961, provided that all
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0013| contributions at the rates in effect during that period of
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0014| employment are paid. If a provisional member chooses to make
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0015| the contributions for that period, the local administrative
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0016| unit employing a member during that period shall pay the
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0017| employer's contribution at the rate in effect during that
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0018| period of employment. Contributions prior to July 1, 1961 by
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0019| both the provisional member and the local administrative unit
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0020| shall bear interest at the rate of three percent a year from
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0021| July 1, 1961 until paid.
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0022| C. A provisional member exempt from the coverage of
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0023| the provisions of the Educational Retirement Act shall have the
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0024| right to revoke the exemption at any time; however, within the
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0025| first two weeks following the beginning of each school year,
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0001| such provisional member shall be informed by the local
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0002| administrative unit in writing of his right to revoke the
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0003| exemption and shall sign a statement to the effect that he does
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0004| or does not wish to revoke the exemption. A copy of such
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0005| statement shall be kept by the local administrative unit in
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0006| the personnel file of the provisional member. Any provisional
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0007| member who revokes his exemption from coverage shall have the
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0008| right to acquire earned service-credit for periods of
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0009| employment during which the exemption or exemptions were in
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0010| force, under the following conditions:
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0011| (1) both the member and the administrative
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0012| unit contributions, at the rates in effect during the periods
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0013| of employment and applied to the earnings of the member during
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0014| such periods, shall be paid to the fund, together with
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0015| interest, at a rate equal to the actuarial assumption rate by
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0016| the board;
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0017| (2) member and administrative unit
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0018| contributions, together with interest, may both be paid by the
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0019| member; or
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0020| (3) if the member tenders payment of his
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0021| contributions, together with interest, the local administrative
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0022| unit by whom he was employed may, but shall not be obligated
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0023| to, pay the administrative unit contributions, together with
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0024| interest; and
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0025| (4) the right of a member to acquire earned
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0001| service-credit in accordance with this subsection shall expire
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0002| on June 30, 2001.
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0003| D. A provisional member employed by the board, the
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0004| department of education, the New Mexico school for the deaf,
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0005| the northern New Mexico state school, the New Mexico school for
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0006| the visually handicapped, the New Mexico girls' school, the New
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0007| Mexico boys' school or the Los Lunas mental hospital shall have
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0008| the option of qualifying for coverage under either the
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0009| Educational Retirement Act or the public employees retirement
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0010| association of New Mexico. This option shall be exercised by
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0011| filing a written election with both the educational retirement
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0012| director and the [director] executive secretary of the
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0013| public employees retirement association of New Mexico. This
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0014| election shall be made within six months after employment and
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0015| shall be irrevocable regardless of subsequent employment or
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0016| reemployment in any administrative unit enumerated in this
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0017| subsection. Until this election is made, the provisional
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0018| member shall be covered and shall be required to make
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0019| contributions under the Educational Retirement Act."
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0020| State of New Mexico
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0021| House of Representatives
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0022|
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0023| FORTY-THIRD LEGISLATURE
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| February 14, 1997
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0003|
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0004|
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0005| Mr. Speaker:
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0006|
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0007| Your EDUCATION COMMITTEE, to whom has been referred
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0008|
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0009| HOUSE BILL 280
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0010|
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0011| has had it under consideration and reports same with
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0012| recommendation that it DO PASS, and thence referred to the
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0013| APPROPRIATIONS AND FINANCE COMMITTEE.
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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|
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0020|
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0021| Samuel F. Vigil, Chairman
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0022|
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0023|
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0024| Adopted Not Adopted
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0025|
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003| Date
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0004|
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0005| The roll call vote was 8 For 0 Against
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0006| Yes: 8
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0007| Excused: McSherry, Miera, Nicely, Weeks, S.M. Williams
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0008| Absent: None
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0009|
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0010|
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0011| G:\BILLTEXT\BILLW_97\H0280 State of New Mexico
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0012| House of Representatives
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0013|
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0014| FORTY-THIRD LEGISLATURE
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0015| FIRST SESSION, 1997
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0016|
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0017|
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0018| March 3, 1997
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0019|
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0020|
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0021| Mr. Speaker:
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0022|
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0023| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0024| whom has been referred
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0025|
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0001| HOUSE BILL 280
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS.
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0005|
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0006| Respectfully submitted,
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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|
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0012| Max Coll, Chairman
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0013|
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0014|
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0015| Adopted Not Adopted
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0016|
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019| Date
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0020|
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0021| The roll call vote was 8 For 4 Against
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0022| Yes: 8
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0023| No: Bird, Buffett, Marquardt, Pearce
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0024| Excused: Abeyta, Garcia,M.H., Knowles, Townsend, Wallace
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0025| Absent: None
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0001|
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0002|
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0003| G:\BILLTEXT\BILLW_97\H0280
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0004|
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0005| FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION, 1997
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0007|
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0008|
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0009| March 15, 1997
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0010|
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0011| Mr. President:
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0012|
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0013| Your EDUCATION COMMITTEE, to whom has been referred
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0014|
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0015| HOUSE BILL 280
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO PASS, and thence referred to the
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0019| FINANCE COMMITTEE.
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0020|
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0021| Respectfully submitted,
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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| Cynthia Nava, Chairman
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0003|
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0004|
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0005|
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0006| Adopted_______________________ Not
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0007| Adopted_______________________
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010|
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0011| Date ________________________
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0012|
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0013|
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0014| The roll call vote was 6 For 0 Against
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0015| Yes: 6
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0016| No: 0
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0017| Excused: Boitano, Duran, Gorham, Rawson
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0018| Absent: None
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0019|
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0020|
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0021| H0280ED1
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0022|
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0023|
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION, 1997
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0002|
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0003|
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0004| March 17, 1997
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0005|
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0006| Mr. President:
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0007|
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0008| Your FINANCE COMMITTEE, to whom has been referred
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0009|
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0010| HOUSE BILL 280
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0011|
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0012| has had it under consideration and reports same with
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0013| recommendation that it DO PASS.
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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|
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0020| __________________________________
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0021| Ben D. Altamirano, Chairman
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0022|
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0023|
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0024|
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0025| Adopted_______________________ Not
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0001| Adopted_______________________
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004|
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0005|
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0006| Date ________________________
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0007|
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0008|
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0009| The roll call vote was 6 For 1 Against
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0010| Yes: 6
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0011| No: Lyons
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0012| Excused: Aragon, Campos, Carraro, McKibben
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0013| Absent: None
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0014|
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0015|
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0016| H0280FC1
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