0001| HOUSE BILL 883
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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| PAULINE K. GUBBELS
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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 MUNICIPALITIES; AMENDING SECTIONS OF THE NMSA 1978
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0012| RELATING TO IMPROVEMENT DISTRICTS AND STREET IMPROVEMENT FUNDS.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 3-33-3 NMSA 1978 (being Laws 1965,
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0016| Chapter 300, Section 14-32-3, as amended) is amended to read:
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0017| "3-33-3. IMPROVEMENT DISTRICT--PURPOSE.--An improvement
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0018| district may be created as authorized in Chapter 3, Article 33
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0019| NMSA 1978 in order to construct, acquire, repair or maintain in
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0020| one or more locations any one or any combination of the
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0021| following projects, including without limitation any right-of-
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0022| way, easement or privilege appurtenant or related thereto:
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0023| A. a street, road, bridge, walkway, overpass,
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0024| underpass, pathway, alley, curb, gutter or sidewalk project
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0025| and storm drainage projects associated with any of the
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0001| foregoing projects, including without limitation median and
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0002| divider strips, parkways and boulevards, ramps and stairways,
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0003| interchanges, alleys and intersections, arches, support
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0004| structures and pilings and the grading, regrading, oiling,
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0005| surfacing, graveling, excavating, macadamizing, paving,
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0006| repairing, laying, backfilling, leveling, lighting,
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0007| landscaping, beautifying or in any manner improving all or any
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0008| part of one or more streets, roads, bridges, walkways,
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0009| pathways, curbs, gutters, [or] sidewalks or associated storm
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0010| drainage improvements or any combination of the foregoing;
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0011| B. a storm sewer project, sanitary sewer project or
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0012| water project, including without limitation [investigation]
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0013| investigating, planning, constructing, acquiring, excavating,
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0014| laying, leveling, backfilling or in any manner improving all or
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0015| any part of one or more storm sewers, drains, sanitary sewers,
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0016| water lines, trunk lines, mains, laterals [and] or property
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0017| connections and acquiring or improving hydrants, meters,
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0018| valves, catch basins, inlets, outlets, lift or pumping stations
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0019| and machinery and equipment incidental thereto or any
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0020| combination of the foregoing;
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0021| C. a flood control or storm drainage project,
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0022| including without limitation the investigation, planning,
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0023| construction, improvement, replacement, repair or acquisition
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0024| of dams, dikes, levees, ditches, canals, basins and
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0025| appurtenances such as spillways, outlets, syphons and drop
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0001| structures, channel construction, diversions, rectification and
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0002| protection with appurtenant structures such as concrete lining,
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0003| banks, revetments, culverts, inlets, bridges, transitions and
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0004| drop structures, rundowns and retaining walls, storm sewers and
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0005| related appurtenances such as inlets, outlets, manholes, catch
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0006| basins, syphons and pumping stations, appliances, machinery and
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0007| equipment and property rights connected therewith or incidental
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0008| thereto convenient and necessary to control floods or provide
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0009| drainage and lessen their danger and damages; or
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0010| D. a utility project providing gas, water,
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0011| electricity or telephone service."
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0012| Section 2. Section 3-33-31 NMSA 1978 (being Laws 1965,
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0013| Chapter 300, Section 14-32-24, as amended) is amended to read:
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0014| "3-33-31. IMPROVEMENT DISTRICT--ASSESSMENT FUNDS--
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0015| EXPENDITURES--MISUSE--PENALTIES.--
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0016| A. All money received by the municipality from any
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0017| special assessment or assessment within an improvement district
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0018| shall be held in a special fund or funds, and used to:
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0019| (1) pay the cost of the improvement for which
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0020| the assessment was made;
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0021| (2) reimburse the municipality for any work
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0022| performed by the municipality in constructing the improvement
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0023| and pay for administrative costs associated with [the] an
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0024| improvement district; or
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0025| (3) pay the interest and principal due on any
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0001| outstanding bonds or assignable certificates;
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0002| B. Any person who uses money in an improvement
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0003| district fund other than as provided in this section is guilty
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0004| of a felony and shall be punished by a fine not exceeding one
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0005| thousand dollars ($1,000) or by imprisonment in the state
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0006| penitentiary for not more than two years or by both such fine
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0007| and imprisonment in the discretion of the court."
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0008| Section 3. Section 3-33-32 NMSA 1978 (being Laws 1965,
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0009| Chapter 300, Section 14-32-25, as amended) is amended to read:
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0010| "3-33-32. TRANSFER OF IMPROVEMENT DISTRICT FUNDS.--The
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0011| governing body may transfer to the general fund or to any
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0012| other fund of the municipality any money obtained from the
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0013| levy of an assessment for an improvement district if:
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0014| A. bonds or assignable certificates were issued to
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0015| finance the improvement;
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0016| B. the proceeds of the bonds or assignable
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0017| certificates were spent for the improvement;
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0018| C. the assessments were levied and collected for
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0019| the payment of the bonds or assignable certificates; and
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0020| D. either the bondholders or assignable certificate
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0021| holders are barred by the statute of limitations or a court
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0022| judgment or decree from collecting the indebtedness; or
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0023| E. the bonded indebtedness or assignable
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0024| certificates have been paid."
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0025| Section 4. Section 3-34-2 NMSA 1978 (being Laws 1965,
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0001| Chapter 300, Section 14-33-2, as amended) is amended to read:
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0002| "3-34-2. STREET IMPROVEMENT FUND--USE.--Bonds or
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0003| assignable certificates authorized in Section 3-33-24 NMSA 1978
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0004| for the construction of a street, alley, curb, gutter, [or]
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0005| sidewalk project or associated storm drainage improvements
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0006| may be purchased by the street improvement fund; provided that
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0007| the bonds or assignable certificates shall be held in trust by
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0008| the municipal treasurer, and any receipts from the sale of the
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0009| bonds or assignable certificates or from the payment of the as-
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0010|
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0011| sessment made to pay the interest and principal of the bonds or
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0012| assignable certificates shall be credited to the street
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0013| improvement fund."
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0014| Section 5. Section 3-34-3 NMSA 1978 (being Laws 1965,
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0015| Chapter 300, Section 14-33-3, as amended) is amended to read:
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0016| "3-34-3. STREET IMPROVEMENT FUND--REPURCHASING BONDS OR
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0017| CERTIFICATES--PLEDGING INCOME.--
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0018| A. The governing body may, by ordinance approved by
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0019| three-fourths of all the members of the governing body and
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0020| irrepealable during the term of the contract and for a period
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0021| not exceeding twenty-one years, contract:
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0022| (1) to repurchase bonds or assignable
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0023| certificates authorized in Section 3-33-24 NMSA 1978 for the
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0024| construction of a street, alley, curb, gutter, [or] sidewalk
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0025| project or associated storm drainage improvements with the
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0001| money in the street improvement fund; or
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0002| (2) to pledge the [income of] amounts on
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0003| deposit in the street improvement fund to pay the interest and
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0004| principal of bonds or assignable certificates when default in
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0005| payment may occur by reason of nonpayment of any assessment
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0006| levied for the payment of a street, alley, curb, gutter, [or]
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0007| sidewalk project or associated storm drainage improvements
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0008| authorized in Section 3-33-3 NMSA 1978.
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0009| B. The municipality may anticipate the annual
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0010| [income] distribution to be received by the street
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0011| improvement fund. The amount contracted or pledged to be
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0012| expended each year as authorized in this section shall not
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0013| exceed the amount that is accumulated in the street improvement
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0014| fund.
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0015| C. The ordinance authorized in this section shall
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0016| state that:
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0017| (1) all disbursements made pursuant to the
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0018| contract shall be paid solely from the street improvement fund
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0019| and from no other source;
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0020| (2) the obligations created by the contract
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0021| are not general obligations of the municipality; and
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0022| (3) the contracting parties may not look to
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0023| any other fund for the performance of the contractual
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0024| obligation.
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0025| D. In the event of disbursement from the street
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0001| improvement fund pursuant to the obligations created by the
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0002| contract, the municipality shall be subrogated for the benefit
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0003| of the street improvement fund to all the rights and remedies
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0004| of the holders of the securities upon which payment is made."
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0005|
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0006|
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0007| State of New Mexico
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0008| House of Representatives
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0009|
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0010| FORTY-THIRD LEGISLATURE
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0011| FIRST SESSION, 1997
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0012|
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0013|
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0014| February 27, 1997
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0015|
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0016|
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0017| Mr. Speaker:
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0018|
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0019| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
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0020| whom has been referred
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0021|
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0022| HOUSE BILL 883
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0023|
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0024| has had it under consideration and reports same with
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0025| recommendation that it DO PASS.
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0001|
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0002| Respectfully submitted,
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0003|
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0004|
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0005|
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0006|
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0007|
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0008| Lynda M. Lovejoy, Chairwoman
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0009|
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0010|
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0011| Adopted Not Adopted
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0012|
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0013| (Chief Clerk) (Chief Clerk)
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0014|
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0015| Date
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0016|
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0017| The roll call vote was 6 For 0 Against
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0018| Yes: 6
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0019| Excused: Pederson, Taylor, JG
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0020| Absent: None
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0021|
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0022|
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0023| G:\BILLTEXT\BILLW_97\H0883
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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 12, 1997
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0005|
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0006| Mr. President:
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0007|
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0008| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
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0009| whom has been referred
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0010|
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0011| HOUSE BILL 883
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS.
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0015|
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0016| Respectfully submitted,
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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| __________________________________
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0022| Roman M. Maes, III, Chairman
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0023|
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0024|
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0025|
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0001| Adopted_______________________ Not
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0002| Adopted_______________________
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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0005|
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0006|
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0007| Date ________________________
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0008|
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0009|
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0010| The roll call vote was 8 For 0 Against
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0011| Yes: 8
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0012| No: 0
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0013| Excused: Fidel, Robinson
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0014| Absent: None
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0015|
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0016|
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0017| H0883CT1
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