0001|                           SENATE BILL 551
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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|                             CYNTHIA NAVA
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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; AUTHORIZING ADDITIONAL PROGRAM UNITS FOR
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0012|     SCHOOL DISTRICTS OPERATING MULTITRACK YEAR-ROUND SCHOOLS;
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0013|     MAKING AN APPROPRIATION.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 22-8-2 NMSA 1978 (being Laws 1978,
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0017|     Chapter 128, Section 3, as amended) is amended to read:
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0018|          "22-8-2.  DEFINITIONS.--As used in the Public School
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0019|     Finance Act:
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0020|               A.  "ADM" or "MEM" means membership;
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0021|               B.  "membership" means the total enrollment of
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0022|     qualified students on the current roll of a class or school on
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0023|     a specified day.  The current roll is established by the
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0024|     addition of original entries and reentries minus withdrawals. 
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0025|     Withdrawals of students, in addition to students formally
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0001|     withdrawn from the public school, <s>[includes]</s> <u>include</u>
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0002|     students absent from the public school for as many as ten
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0003|     consecutive school days;
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0004|               C.  "basic program ADM" or "basic program MEM" means
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0005|     the MEM of qualified students but excludes the full-time-
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0006|     equivalent MEM in early childhood education and three- and
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0007|     four-year old students receiving special education services;
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0008|               D.  "cost differential factor" is the numerical
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0009|     expression of the ratio of the cost of a particular segment of
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0010|     the school program to the cost of the basic program in grades
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0011|     four through six;
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0012|               E.  "department" or "division" means the state 
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0013|     department of public education;
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0014|               F.  "early childhood education ADM" or "early
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0015|     childhood education MEM" means the full-time-equivalent MEM of
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0016|     students attending approved early childhood education programs;
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0017|               G.  "full-time-equivalent ADM" or "full-time-
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0018|     equivalent MEM" is that membership calculated by applying to
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0019|     the MEM in an approved public school program the ratio of the
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0020|     number of hours per school day devoted to the program to six
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0021|     hours or the number of hours per school week devoted to the
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0022|     program to thirty hours;
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0023|               H.  "operating budget" means the annual financial
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0024|     plan required to be submitted by a local school board;
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0025|               I.  "program cost" is the product of the total
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0001|     number of program units to which a school district is entitled
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0002|     multiplied by the dollar value per program unit established by
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0003|     the legislature;
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0004|               J.  "program element" is that component of a public
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0005|     school system to which a cost differential factor is applied to
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0006|     determine the number of program units to which a school
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0007|     district is entitled, including but not limited to MEM, full-
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0008|     time-equivalent MEM, teacher, classroom or public school;
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0009|               K.  "program unit" is the product of the program
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0010|     element multiplied by the applicable cost differential factor;
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0011|               L.  "public money" or "public funds" means all money
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0012|     from public or private sources received by a local school board
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0013|     or officer or employee of a local school board for public use;
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0014|               M.  "qualified student" means a public school
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0015|     student who:
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0016|                    (1)  has not graduated from high school;
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0017|                    (2)  is regularly enrolled in one-half or more
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0018|     of the minimum course requirements approved by the state board
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0019|     for public school students; and
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0020|                    (3)  is at least five years of age prior to
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0021|     12:01 a.m. on September 1 of the school year; or  
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0022|                    (4)  is at least three years of age at any time
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0023|     during the school year and is receiving special education
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0024|     services pursuant to regulation of the state board; or
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0025|                    (5)  has not reached his twenty-second birthday
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0001|     on the first day of the school year and is receiving special
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0002|     education services pursuant to regulation of the state board;
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0003|     <s>[and]</s>
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0004|               N.  "state superintendent" means the superintendent
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0005|     of public instruction or his designee; <u>and</u>
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0006|               <u>O.  "multitrack year-round school" means a school
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<u></u>0007| <u>    that a school district demonstrates has satisfied the following
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<u></u>0008| <u>    criteria:
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<u></u>0009| <u>                   (1)  the students are divided into three or
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<u></u>0010| <u>    more groups or tracks that rotate attendance the majority of
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<u></u>0011| <u>    the school days during the school year and at least one group
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<u></u>0012| <u>    or track is not in attendance at the school while all other
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<u></u>0013| <u>    groups or tracks are in attendance; and
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<u></u>0014| <u>                   (2)  the operation of the school on a
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<u></u>0015| <u>    multitrack year-round calendar has increased the enrollment
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<u></u>0016| <u>    capacity of the school</u>."
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0017|          Section 2.  Section 22-8-18 NMSA 1978 (being Laws 1974,
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0018|     Chapter 8, Section 8, as amended) is amended to read:
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0019|          "22-8-18.  PROGRAM COST CALCULATION--LOCAL SCHOOL BOARD
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0020|     RESPONSIBILITY.--
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0021|               A.  The total program units for the purpose of
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0022|     computing the program cost shall be calculated by multiplying
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0023|     the sum of the program units itemized as Paragraphs (1) through
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0024|     (4) in this subsection by the instruction staff training and
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0025|     experience index and adding the program units itemized as
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0001|     Paragraphs (5) through <s>[(7)]</s> <u>(8)</u> in this subsection.  The
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0002|     itemized program units are as follows:
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0003|                    (1)  early childhood education;
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0004|                    (2)  basic education;
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0005|                    (3)  special education, adjusted by subtracting
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0006|     the units derived from class D special education MEM in
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0007|     private, nonsectarian, nonprofit training centers;
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0008|                    (4)  bilingual multicultural education;
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0009|                    (5)  size adjustment;
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0010|                    <u>(6)  multitrack year-round school</u>;
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0011|                    <s>[(6)]</s> <u>(7)</u>  enrollment growth or new
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0012|     district adjustment; and
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0013|                    <s>[(7)]</s> <u>(8)</u>  special education units derived
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0014|     from class D special education MEM in private, nonsectarian,
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0015|     nonprofit training centers.
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0016|               B.  The total program cost calculated as prescribed
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0017|     in Subsection A of this section includes the cost of early
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0018|     childhood, special, bilingual multicultural and vocational
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0019|     education and other remedial or enrichment programs.  It is the
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0020|     responsibility of the local school board to determine its
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0021|     priorities in terms of the needs of the community served by
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0022|     that board.  Funds generated under the Public School Finance
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0023|     Act are discretionary to local school boards, provided that the
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0024|     special program needs as enumerated in this section are met."
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0025|          Section 3.  A new section of the Public School Finance Act
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0001|     is enacted to read:
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0002|          "[<u>NEW MATERIAL</u>]  MULTITRACK YEAR-ROUND SCHOOL UNITS.--
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0003|               A.  A school district that is operating a multitrack
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0004|     year-round school is eligible for additional program units. 
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0005|     The number of additional program units to which a district is
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0006|     entitled pursuant to this section is computed in the following
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0007|     manner:
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0008|               multitrack school MEM    X   .05 = units.
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0009|               B.  For the purposes of this section, "multitrack
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0010|     school MEM" means the total membership of students enrolled in
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0011|     a multitrack year-round school."
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0012|          Section 4.  APPROPRIATION.-- Four hundred fifty thousand
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0013|     dollars ($450,000) is appropriated from the general fund to the
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0014|     public school fund in fiscal year 1998 for distribution through
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0015|     the state equalization guarantee distribution for expenditure
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0016|     to school districts with approved multitrack year-round
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0017|     schools.  Any unexpended or unencumbered balance remaining at
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0018|     the end of fiscal year 1998 shall revert to the general fund.
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0019|                                  
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0020|       
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0021|   
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0022|                      FORTY-THIRD LEGISLATURE
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0023|                        FIRST SESSION, 1997
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0024|   
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0025|   
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0001|                                               February 19, 1997
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0002|   
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0003|   Mr. President:
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0004|   
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0005|       Your EDUCATION COMMITTEE, to whom has been referred
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0006|   
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0007|                          SENATE BILL 551
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0008|   
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0009|   has had it under consideration and reports same with
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0010|   recommendation that it DO PASS, and thence referred to the
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0011|   FINANCE 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|   __________________________________
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0019|                                Cynthia Nava, Chairman 
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0020|   
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0021|   
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0022|   
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0023|   Adopted_______________________   Not
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0024|   Adopted_______________________
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0025|             (Chief Clerk)                          (Chief Clerk)
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0001|   
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0002|   
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0003|                     Date ________________________
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0004|   
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0005|   
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0006|   The roll call vote was <u> 8 </u> For <u> 0 </u> Against
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0007|           Yes:    8
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0008|           No:     0
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0009|                Excused:     Garcia, Maloof
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0010|           Absent: None
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0011|   
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0012|   
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0013|   S0551ED1
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0014|   
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