0001| SENATE BILL 967
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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| GLORIA HOWES
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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 THE LOCAL GOVERNMENTS ROAD FUND; MAKING A
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0012| DISTRIBUTION OF SPECIAL FUEL EXCISE TAX REVENUES TO THE SCHOOL
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0013| BUS ROUTE PROGRAM IN THE LOCAL GOVERNMENTS ROAD FUND; AMENDING
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0014| SECTIONS OF THE NMSA 1978.
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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 7-1-6.39 NMSA 1978 (being Laws 1995,
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0018| Chapter 6, Section 9) is amended to read:
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0019| "7-1-6.39. [DISTRIBUTION] DISTRIBUTIONS OF SPECIAL
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0020| FUEL EXCISE TAX TO LOCAL GOVERNMENTS ROAD FUND.--
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0021| A. A distribution pursuant to Section 7-1-6.1
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0022| NMSA 1978 shall be made to the local governments road fund in
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0023| an amount equal to eleven and eleven hundredths percent of the
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0024| net receipts attributable to the taxes, exclusive of penalties
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0025| and interest, from the special fuel excise tax imposed by the
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0001| Special Fuels Supplier Tax Act.
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0002| B. A distribution pursuant to Section 7-1-6.1 NMSA
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0003| 1978 shall be made to the school bus route program in the local
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0004| governments road fund in an amount equal to three percent of
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0005| the net receipts attributable to the taxes, exclusive of
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0006| penalties and interest, from the special fuel excise tax
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0007| imposed by the Special Fuels Supplier Tax Act."
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0008| Section 2. Section 67-3-28.2 NMSA 1978 (being Laws 1986,
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0009| Chapter 20, Section 125, as amended) is amended to read:
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0010| "67-3-28.2. LOCAL GOVERNMENTS ROAD FUND CREATED--USES.--
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0011| A. There is created in the state treasury the
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0012| "local governments road fund" to be administered by the
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0013| department. All income received from investment of the fund
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0014| shall be credited to the fund. No money in the fund shall be
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0015| used by the department to administer any program, and no entity
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0016| receiving a distribution pursuant to a program requiring
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0017| matching funds shall use another distribution made pursuant to
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0018| this section to meet the match required.
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0019| B. No more than five hundred thousand dollars
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0020| ($500,000) annually from the local governments road fund shall
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0021| be used by the department to purchase at fair market value, for
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0022| municipalities and counties that can demonstrate financial
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0023| hardship as determined by the department, automotive, major
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0024| road and miscellaneous equipment that would otherwise be sold
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0025| at auction by the department as unusable for department
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0001| purposes. The department shall adopt rules setting the
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0002| procedure to carry out the purposes of this subsection.
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0003| C. Except for the amount in Subsection B of this
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0004| section, money in the local governments road fund shall be
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0005| distributed in the following amounts for the specified
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0006| purposes:
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0007| (1) forty-two percent for the cooperative
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0008| agreements program, to be used solely for the cooperative
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0009| agreements entered into pursuant to Section 67-3-28 NMSA 1978
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0010| and in accordance with the match authorized pursuant to Section
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0011| 67-3-32 NMSA 1978; provided, however, that distribution amounts
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0012| made pursuant to this paragraph in each year shall be based on
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0013| the following allocations:
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0014| (a) thirty-three percent for agreements
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0015| entered into with counties;
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0016| (b) forty-nine percent for agreements
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0017| entered into with municipalities;
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0018| (c) fourteen percent for agreements
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0019| entered into with school districts; and
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0020| (d) four percent for agreements entered
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0021| into with other entities;
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0022| (2) sixteen percent for the municipal arterial
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0023| program, to be used solely for the necessary project
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0024| development, construction, reconstruction, improvement,
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0025| maintenance, repair and right-of-way and material acquisition
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0001| of and for those streets that are principal extensions of rural
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0002| state highways and of other streets not on the state highway
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0003| system but that qualify under the designated criteria
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0004| established by the department. In entering into agreements
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0005| with municipalities to provide funds for any project qualifying
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0006| for the municipal arterial program, the department shall give
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0007| preference to municipalities that contribute an amount equal to
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0008| at least twenty-five percent of the project cost;
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0009| (3) sixteen percent for school bus routes, to
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0010| be used solely for cooperative agreements entered into pursuant
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0011| to Section 67-3-28 NMSA 1978 [and in accordance with the match
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authorized pursuant to Section 67-3-32 NMSA 1978] for
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0013| acquiring rights of way and constructing, maintaining,
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0014| repairing, improving and paving school bus routes and public
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0015| school parking lots; and
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0016| (4) twenty-six percent for the county arterial
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0017| program, to be used for project development, construction,
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0018| reconstruction, improvement, maintenance, repair and right-of-
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0019| way and material acquisition of and for county roads for which
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0020| individual counties have prioritized road projects. Prior to
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0021| entering into any agreements for projects with the counties for
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0022| the following fiscal year, in June of each year the department
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0023| shall determine and certify the amount to which each county is
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0024| entitled pursuant to the following schedule:
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0025| Road Mileage Category Based on
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0001| Number of Miles Maintained
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0002| By a County: Entitlement to County:
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0003| 400 miles or under $250 for each mile
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0004| 401 to 800 miles $100,000 plus $200 for each
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0005| mile over 400 miles
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0006| 801 to 1,200 miles $180,000 plus $150 for each
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0007| mile over 800 miles
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0008| 1,201 to 1,600 miles $240,000 plus $100 for each
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0009| mile over 1,200 miles
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0010| Over 1,600 miles $300,000 plus $50 for each
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0011| mile over 1,600 miles.
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0012| If in any year there is an insufficient amount in the fund
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0013| of the county arterial program to certify the total amount to
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0014| which all counties are entitled, the department shall decrease
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0015| the entitlement amount due to each county in the same
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0016| proportion as the insufficiency is to the total entitlements to
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0017| all counties. Distribution of an entitlement amount and an
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0018| agreement entered into with a county for any of the purposes
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0019| for which the money may be spent requires an amount from the
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0020| county equal to at least twenty-five percent of the
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0021| entitlement. Any uncommitted or unencumbered balance remaining
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0022| in the county arterial program fund at the end of a fiscal year
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0023| shall be transferred to the cooperative [agreement]
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0024| agreements program specified in Paragraph (1) of this
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0025| subsection for additional funding of that program in the next
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0001| fiscal year.
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0002| D. The department may transfer funds from the state
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0003| road fund to the local governments road fund to facilitate cash
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0004| flow for the funding of these local governments road projects.
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0005| The administrator of the local governments road fund shall
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0006| reimburse the state road fund in a timely manner for any such
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0007| transfers."
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0008| Section 3. EFFECTIVE DATE.--The effective date of the
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0009| provisions of this act is July 1, 1997.
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0010|
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0011|
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0012| FORTY-THIRD LEGISLATURE
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0013| FIRST SESSION, 1997 SB 967/a
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0014|
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0015|
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0016| March 5, 1997
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0017|
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0018| Mr. President:
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0019|
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0020| Your WAYS AND MEANS COMMITTEE, to whom has been
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0021| referred
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0022|
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0023| SENATE BILL 967
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO PASS, amended as follows:
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0002|
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0003| 1. On page 1, line 21, strike the underscored "A" and the
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0004| period.
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0005|
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0006| 2. On page 2, lines 2 through 7, strike Subsection B in its
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0007| entirety.,
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0008|
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0009| and thence referred to the FINANCE COMMITTEE.
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0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015|
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0016| __________________________________
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0017| Carlos R. Cisneros, Chairman
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0018|
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0019|
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0020|
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0021| Adopted_______________________ Not
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0022| Adopted_______________________
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025|
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0001| Date ________________________
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0002|
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0003|
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0004| The roll call vote was 6 For 0 Against
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0005| Yes: 6
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0006| No: 0
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0007| Excused: Duran, McSorley, Nava
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0008| Absent: None
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0009|
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0010|
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0011| S0967WM1 .118084.1
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0012|
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0013|
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0014|
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| March 17, 1997
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0021|
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0022| Mr. President:
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0023|
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0024| Your FINANCE COMMITTEE, to whom has been referred
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0025|
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0001| SENATE BILL 967, as amended
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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| Ben D. Altamirano, Chairman
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0013|
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0014|
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0015|
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0016| Adopted_______________________ Not
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0017| Adopted_______________________
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0018| (Chief Clerk) (Chief Clerk)
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0019|
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0020|
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0021|
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0022| Date ________________________
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0023|
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0024|
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0025| The roll call vote was 6 For 0 Against
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0001| Yes: 6
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0002| No: None
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0003| Excused: Carraro, Eisenstadt, Lyons, McKibben, Smith
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0004| Absent: None
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0005|
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0006|
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0007| S0967FC1
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