0001| SENATE BILL 1167
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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| WILLIAM H. PAYNE
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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 TELECOMMUNICATIONS; AMENDING THE ENHANCED 911 ACT
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0012| TO ABOLISH THE 911 EMERGENCY SURCHARGE; AMENDING CERTAIN
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0013| SECTIONS OF THE NMSA 1978.
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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 63-9D-3 NMSA 1978 (being Laws 1989,
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0017| Chapter 25, Section 3, as amended) is amended to read:
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0018| "63-9D-3. DEFINITIONS.--As used in the Enhanced 911 Act:
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0019| [A. "911 emergency surcharge" means the monthly
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uniform charge assessed on each local exchange service customer
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in the state for each local exchange access line to pay for the
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purchase, lease, installation and maintenance of equipment
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necessary for the establishment of a 911 system, including the
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repayment of bonds issued pursuant to the Enhanced 911 Bond
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Act;
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B.] A. "911 service area" means the area within
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0002| a local governing body's jurisdiction that has been designated
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0003| by the local governing body or the division to receive enhanced
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0004| 911 service;
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0005| [C.] B. "911 system" means the basic 911 system
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0006| or the enhanced 911 system;
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0007| [D.] C. "basic 911 system" means a telephone
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0008| service that automatically connects a person dialing the single
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0009| three-digit number 911 to an established public safety
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0010| answering point through normal telephone service facilities;
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0011| [E.] D. "commission" means the state
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0012| corporation commission;
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0013| [F.] E. "department" means the taxation and
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0014| revenue department;
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0015| [G.] F. "division" means the local government
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0016| division of the department of finance and administration;
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0017| [H.] G. "enhanced 911 system" means a telephone
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0018| system consisting of network, database and on-premises
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0019| equipment that utilizes the single three-digit number 911 for
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0020| reporting police, fire, medical or other emergency situations,
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0021| thereby enabling the users of a public telephone system to
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0022| reach a public safety answering point to report emergencies by
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0023| dialing 911, and includes the capability to:
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0024| (1) selectively route incoming 911 calls to
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0025| the appropriate public safety answering point operating in a
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0001| 911 service area; and
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0002| (2) automatically display the name, address
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0003| and telephone number of an incoming 911 call on a video monitor
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0004| at the appropriate public safety answering point;
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0005| [I.] H. "enhanced 911 equipment" means the
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0006| customer premises equipment directly related to the operation
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0007| of an enhanced 911 system, including, but not limited to,
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0008| automatic number identification or automatic location
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0009| identification controllers and display units, printers, cathode
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0010| ray tubes and software associated with call detail recording;
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0011| [J.] I. "equipment supplier" means any person
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0012| or entity who provides or offers to provide telecommunications
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0013| equipment necessary for the establishment of enhanced 911
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0014| services;
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0015| [K.] J. "local 911 surcharge" means the
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0016| additional charge imposed by a local governing body of a
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0017| community served by a local exchange telephone company that has
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0018| not otherwise provided for enhanced 911 capability in its
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0019| network in order to provide funding for the local governing
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0020| body to pay for development of the network and database;
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0021| [L.] K. "local exchange access line" means any
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0022| telephone line that connects a local exchange service customer
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0023| to the local switching office and has the capability of
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0024| reaching local public safety service agencies, but does not
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0025| include any line used by a carrier for the provision of
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0001| interexchange services;
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0002| [M.] L. "local exchange area" means a
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0003| geographic area encompassing one or more local communities, as
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0004| described in maps, tariffs or rate schedules filed with the
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0005| commission, where local exchange rates apply;
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0006| [N.] M. "local exchange service" means the
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0007| transmission of two-way interactive switched voice
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0008| communications furnished by a local exchange telephone company
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0009| within a local exchange area, including access to enhanced 911
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0010| systems;
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0011| [O.] N. "local exchange telephone company"
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0012| means a telecommunications company, as defined by Subsection M
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0013| of Section 63-9A-3 NMSA 1978, certified to provide local
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0014| exchange service;
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0015| [P.] O. "local governing body" means the board
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0016| of county commissioners of a county or the governing body of a
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0017| municipality as defined in the Municipal Code;
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0018| [Q.] P. "network" means any system designed to
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0019| provide one or more access paths for communications between
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0020| users at different geographic locations; provided that a system
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0021| may be designed for voice, data or both and may feature limited
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0022| or open access and may employ appropriate analog, digital
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0023| switching or transmission technologies;
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0024| [R.] Q. "network and database surcharge" means
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0025| the monthly uniform charge assessed on each local exchange
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0001| service customer in the state for each local exchange access
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0002| line to pay for the costs of developing and maintaining a
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0003| network and database for a 911 emergency system; and
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0004| [S.] R. "public safety answering point" means a
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0005| twenty-four-hour local jurisdiction communications facility
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0006| that receives 911 service calls and directly dispatches
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0007| emergency response services or that relays calls to the
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0008| appropriate public or private safety agency."
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0009| Section 2. Section 63-9D-4 NMSA 1978 (being Laws 1989,
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0010| Chapter 25, Section 4, as amended) is amended to read:
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0011| "63-9D-4. PROVISION FOR 911 SERVICES BY LOCAL GOVERNING
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0012| BODIES--911 SYSTEM COSTS AND NETWORK AND DATABASE COSTS--
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0013| PAYMENT OF COSTS--JOINT POWERS AGREEMENTS--AID OUTSIDE
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0014| JURISDICTIONAL BOUNDARIES.--
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0015| A. A local governing body may incur costs for the
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0016| purchase [or], lease, installation and maintenance of
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0017| equipment necessary for the establishment of a 911 system at
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0018| public safety answering points [and may pay such costs through
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disbursements from the enhanced 911 fund]. Necessary network
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0020| and database costs may be recovered by a local governing body
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0021| from the network and database fund in amounts approved by the
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0022| state board of finance.
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0023| B. If the enhanced 911 system is to be provided for
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0024| territory that is included in whole or in part in the
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0025| jurisdiction of the local governing bodies of two or more
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0001| public agencies that are the primary providers of emergency
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0002| fire fighting, law enforcement, ambulance, emergency medical or
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0003| other emergency services, the agreement for the procurement of
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0004| the necessary equipment for a 911 system shall be entered into
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0005| by each local governing body, unless a local governing body
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0006| expressly excludes itself from the agreement. Any agreement
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0007| shall provide that each local governing body not excluded from
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0008| the agreement shall make payment therefor from general
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0009| revenues. Nothing in this subsection shall be construed to
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0010| prevent two or more such local governing bodies from entering
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0011| into a contract to establish a separate legal entity, that is,
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0012| separate governing body, and thereunder to enter into an
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0013| agreement as the enhanced 911 customer.
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0014| C. All public agencies in a 911 system shall
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0015| provide that once an emergency unit is dispatched in response
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0016| to a request for aid through the 911 system, the emergency unit
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0017| shall render services to the requester without regard to
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0018| whether the unit is operating outside its normal jurisdictional
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0019| boundaries."
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0020| Section 3. Section 63-9D-5 NMSA 1978 (being Laws 1989,
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0021| Chapter 25, Section 5, as amended) is amended to read:
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0022| "63-9D-5. IMPOSITION OF SURCHARGE--NOTIFICATION.-- There
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0023| is imposed a 911 [emergency surcharge in the amount of twenty-
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five cents ($.25) and a] network and database surcharge in the
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0025| amount of twenty-six cents ($.26) to be billed by local
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0001| exchange telephone companies on all local exchange access lines
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0002| in the state; provided, however, that [a 911 emergency
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surcharge and] the network and database surcharge shall not be
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0004| imposed upon local exchange service customers receiving reduced
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0005| rates pursuant to the Low Income Telephone Service Assistance
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0006| Act. [The 911 emergency surcharge shall commence with the
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first billing period of each customer on or following ninety
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days after the effective date of the Enhanced 911 Act.] The
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0009| network and database surcharge shall commence with the first
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0010| billing period of each customer on or following ninety days
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0011| after July 1, 1993. [Each local governing body shall notify
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the division and the local exchange telephone company providing
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local exchange service to the 911 service area of the
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boundaries of the 911 service area and the costs to the local
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governing body of purchasing or leasing, installing and
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maintaining the equipment necessary to provide 911 emergency
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services in the 911 service area. Each local governing body
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that seeks funding for its 911 system shall file an application
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with the division requesting approval of the state board of
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finance for disbursement from the enhanced 911 fund and the
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network and database fund.]"
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0022| Section 4. Section 63-9D-6 NMSA 1978 (being Laws 1989,
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0023| Chapter 25, Section 6, as amended) is amended to read:
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0024| "63-9D-6. PARTICIPATION IN FUNDS--LIABILITY OF USER FOR
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0025| SURCHARGE--COLLECTION--UNCOLLECTED AMOUNTS.--
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0001| A. The local governing body may, by ordinance or
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0002| resolution, recover from [the enhanced 911 fund and] the
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0003| network and database fund an amount necessary to recover [the
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costs of purchasing, leasing, installing and maintaining
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equipment and] the costs of developing and maintaining a
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0006| network and database necessary to provide a 911 emergency
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0007| system in its designated 911 service area.
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0008| B. Local exchange telephone companies shall be
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0009| required to bill and collect [the 911 emergency surcharge
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and] the network and database surcharge from their local
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0011| exchange service customers. The [911 emergency surcharge and
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the] network and database surcharge required to be collected
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0013| by the local exchange telephone company shall be added to and
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0014| shall be stated in the billings to the local exchange service
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0015| customer. The money collected by the local exchange telephone
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0016| company as the [911 emergency surcharge and the] network and
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0017| database surcharge shall not be considered as revenues of the
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0018| local exchange telephone company.
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0019| C. Every billed local exchange service customer is
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0020| liable for payment of the [911 emergency surcharge and the]
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0021| network and database surcharge until they have been paid to the
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0022| local exchange telephone company.
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0023| D. The local exchange telephone company has no
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0024| obligation to take any legal action to enforce the collection
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0025| of the [911 emergency surcharge or the] network and database
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0001| surcharge. An action may be brought by or on behalf of the
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0002| department. The local exchange telephone company shall
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0003| annually provide the department a list of the amounts
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0004| uncollected along with the names and addresses of those local
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0005| exchange service customers who carry a balance that can be
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0006| determined by the local exchange telephone company to be the
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0007| nonpayment of [the 911 emergency surcharge and] the network
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0008| and database surcharge. The local exchange telephone company
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0009| shall not be held liable for uncollected amounts."
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0010| Section 5. Section 63-9D-7 NMSA 1978 (being Laws 1989,
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0011| Chapter 25, Section 7, as amended) is amended to read:
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0012| "63-9D-7. REMITTANCE OF CHARGES--ADMINISTRATIVE FEE--
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0013| AUDITS.--
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0014| A. Amounts collected by reason of the [911
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emergency surcharge and the] network and database surcharge
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0016| shall be remitted monthly to the department, which shall
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0017| administer and enforce collection of [each] the surcharge
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0018| in accordance with the Tax Administration Act. The amount of
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0019| the [911 emergency surcharge and the] network and database
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0020| surcharge shall be remitted to the department no later than the
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0021| twenty-fifth day of the month following the month in which the
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0022| surcharge was imposed. At that time, a return for the
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0023| preceding month shall be filed with the department in such form
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0024| as the department and local exchange telephone company shall
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0025| agree upon. The local exchange telephone company required to
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0001| file the return shall deliver the return together with a
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0002| remittance of the amount of the [911 emergency surcharge and
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the] network and database surcharge payable to the department.
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0004| The local exchange telephone company shall maintain a record of
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0005| the amount of each charge collected pursuant to the Enhanced
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0006| 911 Act. The record shall be maintained for a period of three
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0007| years after the time the charges were collected.
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0008| B. From every remittance to the department made on
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0009| or before the date when it becomes due, the local exchange
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0010| telephone company required to make a remittance shall be
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0011| entitled to deduct and retain one percent of the collected
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0012| amount or fifty dollars ($50.00), whichever is greater, as the
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0013| cost of administration for collecting the [911 emergency
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surcharge and the] network and database surcharge."
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0015| Section 6. Section 63-9D-8.2 NMSA 1978 (being Laws 1993,
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0016| Chapter 48, Section 11) is amended to read:
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0017| "63-9D-8.2. NETWORK AND DATABASE SURCHARGE FUND--
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0018| CREATION--ADMINISTRATION--DISBURSEMENT.--
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0019| A. There is created in the state treasury the
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0020| "network and database surcharge fund". The network and
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0021| database surcharge fund shall be administered by the division.
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0022| B. All money remitted to the department as a result
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0023| of the network and database surcharge shall be deposited in the
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0024| network and database surcharge fund.
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0025| C. All money deposited in the network and database
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0001| surcharge fund and all income earned by investment of the
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0002| network and database surcharge fund are [hereby] appropriated
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0003| for expenditure in accordance with the provisions of the
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0004| Enhanced 911 Act and shall not revert to the general fund.
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0005| D. Payments shall be made from the network and
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0006| database surcharge fund to participating local governing bodies
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0007| upon vouchers signed by the director of the division.
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0008| E. Annually, the division may expend or contract
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0009| to be expended no more than [two and one-half] ten percent
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0010| of all money deposited annually in the network and database
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0011| surcharge fund for the purpose of administering and
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0012| coordinating activities associated with implementation of the
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0013| network and database surcharge fund.
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0014| F. Money in the network and database surcharge fund
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0015| may be awarded as grant assistance upon application of local
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0016| governing bodies to the division and approval by the state
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0017| board of finance. If it is anticipated that insufficient funds
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0018| will be available to pay all requests for grants, the state
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0019| board of finance may reduce the percentage of assistance to be
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0020| awarded. In the event of such a reduction, the state board of
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0021| finance may award supplemental grants to local governing bodies
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0022| that can demonstrate financial hardship.
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0023| G. Effective July 1, 1997, the unencumbered
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0024| balance of the enhanced 911 fund, and future reversions, if
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0025| any, shall be transferred to the network and database surcharge
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0001| fund."
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0002| Section 7. Section 63-9D-9 NMSA 1978 (being Laws 1989,
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0003| Chapter 25, Section 9, as amended) is amended to read:
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0004| "63-9D-9. AGREEMENTS OR CONTRACTS FOR 911 SYSTEMS--USE OF
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0005| FUNDS COLLECTED--TRANSFER OF FUNDS.--
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0006| A. [Money received by a local governing body from
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the enhanced 911 fund shall be spent solely to pay for 911
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equipment costs, associated installation costs and maintenance
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costs necessary to provide enhanced 911 services.] Money
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0010| received as a result of the network and database surcharge
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0011| shall be spent solely to pay for the network capability and
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0012| database for an enhanced 911 system.
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0013| B. Money received by a local governing body from
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0014| the local 911 surcharge shall be credited to separate cash
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0015| funds, apart from the general fund of the local governing body,
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0016| for network and database payments. Any local 911 surcharge
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0017| money remaining on July 1, 1993 shall be transferred to the
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0018| network and database surcharge fund."
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0019| Section 8. Section 63-9D-14 NMSA 1978 (being Laws 1990,
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0020| Chapter 61, Section 3, as amended) is amended to read:
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0021| "63-9D-14. ENHANCED 911 BONDS--AUTHORITY TO ISSUE--PLEDGE
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0022| OF REVENUES--LIMITATION ON ISSUANCE. [A.] In addition to any
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0023| other law authorizing the board to issue revenue bonds, the
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0024| board may issue enhanced 911 bonds pursuant to the Enhanced 911
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0025| Bond Act. [for the purposes specified in this section.
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B. Enhanced 911 bonds may be issued for acquiring,
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extending, enlarging, bettering, repairing, improving,
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constructing, purchasing, furnishing, equipping or
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rehabilitating the enhanced 911 system. The board may pledge
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irrevocably any or all of the projected revenues of the
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enhanced 911 fund, specifically including the 911 emergency
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surcharge authorized under the Enhanced 911 Act, to the payment
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of the interest on and principal of such bonds. Any general
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determination by the board that any facilities or equipment are
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reasonably related to and shall constitute a part of a
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specified enhanced 911 project shall be conclusive if set forth
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in the proceedings authorizing the enhanced 911 bonds.]"
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0013| Section 9. Section 63-9D-20 NMSA 1978 (being Laws 1992,
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0014| Chapter 102, Section 5) is amended to read:
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0015| "63-9D-20. [AMOUNT OF SURCHARGE]--SECURITY FOR BONDS.--
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0016| A. [Notwithstanding the amount of the 911 emergency
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surcharge set forth in Subsection A of Section 63-9D-5 NMSA
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1978] The legislature shall provide [for the continued
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imposition, collection and deposit of the 911 emergency
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surcharge into the enhanced 911 fund in] for amounts that
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0021| [together with other amounts deposited into the fund] will
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0022| [be sufficient to] produce [an] the amount necessary to
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0023| meet annual debt service charges on all outstanding enhanced
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0024| 911 bonds.
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0025| B. The legislature shall not repeal, amend or
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0001| otherwise modify any law that [affects the 911 emergency
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surcharge in a manner that] impairs any outstanding enhanced
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0003| 911 bonds [secured by a pledge of the 911 emergency
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surcharge] unless:
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0005| (1) the outstanding enhanced 911 bonds have
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0006| been discharged in full; or
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0007| (2) provision has been made to discharge fully
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0008| the outstanding enhanced 911 bonds.
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0009| C. The terms of any bonds issued after [the
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effective date of this section] March 10, 1992 shall not
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0011| conflict with the provisions of this section.
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0012| [D. Nothing in this section shall require any
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increase in the 911 emergency surcharge set forth in Subsection
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A of Section 63-9D-5 NMSA 1978.]"
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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| FORTY-THIRD LEGISLATURE
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0020| FIRST SESSION, 1997
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0021|
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0022|
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0023| March 10, 1997
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0024|
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0025| Mr. President:
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0001|
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0002| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to whom
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0003| has been referred
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0004|
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0005| SENATE BILL 1167
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0006|
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0007| has had it under consideration and reports same WITHOUT
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0008| RECOMMENDATION, and thence referred to the WAYS & MEANS
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0009| 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| Roman M. Maes, III, Chairman
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0017|
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0018|
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0019| Adopted_______________________ Not Adopted_______________________
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022|
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0023| Date ________________________
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0024|
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0025|
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0001| The roll call vote was 5 For 1 Against
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0002| Yes: 5
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0003| No: Griego
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0004| Excused: Fidel, Kidd, McKibben, Robinson
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0005| Absent: None
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0006|
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0007|
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0008|
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0009| S1167CT1
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0010|
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