0001| HOUSE BILL 730
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| BEN LUJAN
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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|
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0011| AN ACT
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0012| RELATING TO PUBLIC BUILDINGS; TRANSFERRING INCOME FROM THE
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0013| CAPITOL BUILDINGS REPAIR FUND; AUTHORIZING THE ISSUANCE OF
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0014| REVENUE BONDS; MAKING AN APPROPRIATION.
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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. NEW MEXICO FINANCE AUTHORITY REVENUE BONDS--PURPOSE--CERTIFICATION--APPROPRIATION.--
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0018| A. The New Mexico finance authority may issue and
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0019| sell revenue bonds in compliance with the New Mexico Finance
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0020| Authority Act in an amount not to exceed eighteen million
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0021| dollars ($18,000,000) for the purpose of repairing, remodeling,
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0022| constructing, furnishing and equipping a state building located
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0023| adjacent to the state capitol in Santa Fe known as the New
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0024| Mexico state library and for relocation-associated renovations
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0025| in the state capitol.
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0001| B. Annually, the first two million dollars
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0002| ($2,000,000) in the capitol buildings repair fund shall be
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0003| distributed by the general services department to the New Mexico
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0004| finance authority and is appropriated to the authority to be
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0005| pledged irrevocably for the payment of the principal, interest,
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0006| any premium and expenses related to the issuance and sale of the
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0007| bonds authorized pursuant to this section.
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0008| C. All income from the capitol buildings repair fund
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0009| distributed to the New Mexico finance authority shall be
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0010| deposited in a special bond fund or segregated account of the
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0011| authority. At the end of each fiscal year, any money remaining
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0012| in the special bond fund or segregated account, after all debt
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0013| service obligations, reserve fund requirements and expenses in
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0014| such fiscal year for the bonds issued pursuant to this section
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0015| are fully met, shall be transferred by the authority to the
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0016| state treasurer for deposit back into the capitol buildings
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0017| repair fund. Upon payment of all principal and interest and any
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0018| other expenses or obligation related to the issuance of the
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0019| bonds authorized by this section, the New Mexico finance
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0020| authority shall certify to the general services department that
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0021| all obligations for the bonds issued pursuant to this section
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0022| have been fully discharged and direct the department to cease
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0023| the distribution from the capitol buildings repair fund to the
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0024| authority.
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0025| D. The legislature shall not repeal, amend or
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0001| otherwise modify any law that affects or impairs the revenue
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0002| bonds of the New Mexico finance authority secured by a pledge of
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0003| the income from the capitol buildings repair fund.
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0004| E. Upon certification by the New Mexico finance
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0005| authority that the state building project is sufficiently
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0006| developed to warrant the issuance of bonds by the authority, the
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0007| general services department shall distribute the first two
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0008| million dollars ($2,000,000) of the capitol buildings repair
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0009| fund to the New Mexico finance authority.
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0010| Section 2. EFFECTIVE DATE.--The effective date of the
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0011| provisions of this act is January 1, 1997.
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0012|
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0013| State of New Mexico
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0014| House of Representatives
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0015|
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0016| FORTY-SECOND LEGISLATURE
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0017| SECOND SESSION, 1996
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0018|
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0019|
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0020| February 9, 1996
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0021|
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0022|
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0023| Mr. Speaker:
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0024|
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0025| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0001| been referred
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0002|
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0003| HOUSE BILL 730
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO PASS, amended as follows:
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0007|
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0008| 1. On page 1, line 13, after the semicolon insert "AMENDING
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0009| AND ENACTING CERTAIN SECTIONS OF THE NMSA 1978;".
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0010|
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0011| 2. On page 1, line 19, after "sell" insert "in installments
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0012| or at one time".
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0013|
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0014| 3. On page 1, line 22, strike ", furnishing".
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0015|
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0016| 4. On page 2, line 6, after "to" strike "the issuance and
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0017| sale of".
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0018|
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0019| 5. On page 2, line 18, after "to" strike "the issuance of".
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0020|
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0021| 6. On page 3, between lines 3 and 4, insert the following
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0022| new subsection:
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0023|
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0024| "E. The New Mexico finance authority may issue and
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0025| sell revenue bonds authorized by this section when the legislative
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0001| council service certifies the need for issuance of the bonds. The
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0002| net
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0003| proceeds from the sale of the bonds are appropriated to the
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0004| legislative council service for the purposes described in
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0005| Subsection A of this section.".
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0006|
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0007| 7. Reletter the succeeding subsection accordingly.
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0008|
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0009| 8. On page 3, between lines 9 and 10, insert the following
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0010| new sections:
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0011|
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0012| "Section 2. Section 7-27-5 NMSA 1978 (being Laws 1983,
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0013| Chapter 306, Section 7, as amended) is amended to read:
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0014|
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0015| "7-27-5. INVESTMENT OF SEVERANCE TAX PERMANENT FUND.--The
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0016| severance tax permanent fund shall be invested for two general
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0017| purposes, to provide income to the fund and to stimulate the
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0018| economy of New Mexico, preferably on a continuing basis. The
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0019| investments in Sections 7-27-5.1 and 7-27-5.6 NMSA 1978 shall be
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0020| those intended to provide maximum income to the fund and shall be
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0021| referred to as the market rate investments. The investments
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0022| permitted in Sections 7-27-5.3 through 7-27-5.5, [7-27-5.7] 7-27-5.13 through 7-27-5.17, [and 7-27-5.21] 7-27-5.22 and 7-27-23 NMSA 1978 shall be those intended to stimulate the economy of
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0023| New Mexico and shall be referred to as the differential rate
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0024| investments. The prudent man rule shall be applied to the market
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0025| rate investments, and the state investment officer shall keep
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0001| separate records of the earnings of the market rate investments.
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0002| All transactions entered into on or after July 1, 1991 shall be
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0003| accounted for in accordance with generally accepted accounting
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0004| principles."
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0005|
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0006| Section 3. A new section of the Severance Tax Bonding Act,
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0007| Section 7-27-5.23 NMSA 1978, is enacted to read:
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0008|
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0009| "7-27-5.23. [NEW MATERIAL] SEVERANCE TAX PERMANENT FUND--INVESTMENT IN OBLIGATIONS ISSUED FOR STATE CAPITOL BUILDINGS AND
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0010| RENOVATIONS.--Subject to the approval of the state investment
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0011| council, the severance tax permanent fund may be invested in
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0012| revenue bonds issued by the New Mexico finance authority for state
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0013| capitol buildings and relocation-associated renovations in the
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0014| state capitol.
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0015| The amount invested shall not exceed eighteen million dollars
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0016| ($18,000,000)."
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0017|
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0018| Section 4. Section 15-3-24 NMSA 1978 (being Laws 1972,
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0019| Chapter 74, Section 4, as amended) is amended to read:
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0020|
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0021| "15-3-24. CAPITOL BUILDINGS REPAIR FUND--CREATION--
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0022| EXPENDITURES.--
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0023|
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0024| A. The "capitol buildings repair fund" is created. To
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0025| this fund shall be transferred all income, including earnings on
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0001| investments, derived from lands granted to the state by the United
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0002| States congress for legislative, executive and judicial public
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0003| buildings. Two percent of this fund shall be transferred annually
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0004| to a "state capitol maintenance fund", hereby created, as a
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0005| special perpetual fund for the upkeep and maintenance of the
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0006| capitol renovation and capitol grounds.
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0007|
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0008| B. The capitol buildings repair fund may be used to
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0009| repair, remodel and equip capitol buildings and adjacent lands, to
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0010| repair or replace building machinery and building equipment
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0011| located in capitol buildings and to contract for options to
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0012| purchase real estate, such real estate, if purchased, to be put to
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0013| state use; provided that no more than ten thousand dollars
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0014| ($10,000) shall be expended for any single option. Any money used
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0015| for consideration in acquiring an option to purchase real estate
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0016| shall be applied against the purchase price of the real estate if
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0017| the option is exercised. No money, except for expenditures for
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0018| debt service and other obligations related to bonds payable from
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0019| the capitol buildings repair fund issued by the New Mexico finance
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0020| authority, shall be expended from the capitol buildings repair
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0021| fund without authorization of the state board of finance.
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0022|
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0023| C. In the event any capital outlay project exceeds
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0024| authorized project cost by no more than five percent, the state
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0025| board of finance may authorize the property control division of
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0001| the general services department to supplement the authorized cost
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0002| by an allocation not to exceed five percent of the authorized cost
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0003| from the capitol buildings repair fund to the extent of the
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0004| unencumbered and unexpended balance of the fund."".
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0005|
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0006| 9. Renumber the succeeding section accordingly.,
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0007|
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0008| and thence referred to the APPROPRIATIONS AND FINANCE
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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| Jerry W. Sandel, Chairman
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0017|
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0018|
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0019| Adopted Not Adopted
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0020|
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023| Date
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0024|
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0025| The roll call vote was 12 For 0 Against
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0001| Yes: 12
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0002| Excused: Gallegos
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0003| Absent: None
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0004|
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0005|
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0006| .111985.2
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0007| H0730TR1 State of New Mexico
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0008| House of Representatives
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0009|
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0010| FORTY-SECOND LEGISLATURE
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0011| SECOND SESSION, 1996
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0012|
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0013|
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0014| February 10, 1996
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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 APPROPRIATIONS AND FINANCE COMMITTEE, to
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0020| whom has been referred
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0021|
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0022| HOUSE BILL 730, as amended
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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| Max Coll, Chairman
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0008|
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0009|
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0010| Adopted Not Adopted
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0011|
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014| Date
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0015|
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0016| The roll call vote was 10 For 0 Against
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0017| Yes: 10
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0018| Excused: Casey, Gentry, Light, Martinez, Reyes, Wallace
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0019| Watchman, Coll
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0020| Absent: none
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0021|
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0022|
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0023| H0730AF1
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0024|
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0025| FORTY-SECOND LEGISLATURE
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0001| SECOND SESSION, 1996
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0002|
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0003|
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0004| February 13, 1996
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0005|
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0006| Mr. President:
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0007|
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0008| Your FINANCE COMMITTEE, to whom has been referred
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0009|
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0010| HOUSE BILL 730, as amended
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0011|
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0012| has had it under consideration and reports same with
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0013| recommendation that it DO PASS.
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0014|
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0015| Respectfully submitted,
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0016|
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0017|
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0018|
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0019| __________________________________
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0020| Ben D. Altamirano, Chairman
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0021|
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0022|
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0023|
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0024| Adopted_______________________ Not 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|
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0004| Date ________________________
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0005|
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0006|
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0007| The roll call vote was 7 For 0 Against
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0008| Yes: 7
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0009| No: 0
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0010| Excused: Aragon, Donisthorpe, Ingle, Kysar, Macias, Nava
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0011| Absent: None
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0012|
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0013|
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0014| H0730FC1
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0015|
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