0001|
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0002| HOUSE BILL 50
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0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004| INTRODUCED BY
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0005| LUCIANO "LUCKY" VARELA
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0006|
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0007|
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0008|
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0009| FOR THE LEGISLATIVE FINANCE COMMITTEE
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0010|
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0011| AN ACT
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0012| RELATING TO TRANSPORTATION SERVICES; REDUCING STATE MOTOR POOL;
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0013| AMENDING, REPEALING AND ENACTING 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 15-8-5 NMSA 1978 (being Laws 1994,
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0017| Chapter 119, Section 5) is amended to read:
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0018| "15-8-5. DIVISION--GENERAL POWERS AND DUTIES.--The
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0019| division shall:
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0020| [A. have control over all state vehicles;
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0021| B. regulate the use of the state vehicles;
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0022| C. hold the titles of all state vehicles and
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0023| provide for the security of the titles;
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0024| D. register all state vehicles in the custody of
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0025| the division and ensure that state vehicles assigned to other
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0001| state agencies have current and correct registrations;
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0002| E. control the issuance of state government plates
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0003| assigned to a state agency and ensure that government plates
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0004| are used only on state vehicles;
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0005| F. maintain a complete and accurate inventory of
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0006| all state vehicles, including those in the custody of another
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0007| state agency, and the location of all state vehicles;
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0008| G. establish and enforce maintenance standards for
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0009| state vehicles in the custody of other state agencies;
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0010| H. require periodic use and maintenance reports
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0011| from other state agencies that have custody of state vehicles;
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0012| I. purchase, through the state purchasing agent,
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0013| all state vehicles and assign their use;
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0014| J. perform periodic announced and unannounced
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0015| inspections of state vehicles in the custody of other state
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0016| agencies;
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0017| K.] A. establish a motor pool and provide an
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0018| adequate fleet of state vehicles to be available for use by
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0019| state agencies in accordance with procedures established by the
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0020| department;
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0021| [L.] B. provide for the maintenance of state
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0022| vehicles in the motor pool; and
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0023| [M. establish and enforce standards for drivers of
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0024| state vehicles, including revoking driver privileges;
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0025| N. maintain individual state driver records,
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0001| including all tickets received by drivers of state vehicles for
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0002| violations of the Motor Vehicle Code;
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0003| O. maintain a record of all accident reports and
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0004| insurance claims;
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0005| P. maintain a history of state vehicles, including
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0006| purchases, maintenance and sales;
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0007| Q. carry out the provisions of the Alternative Fuel
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0008| Conversion Act; and
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0009| R.] C. have the power to sell or otherwise
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0010| dispose of property pursuant to the provisions of Sections 13-
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0011| 6-1 and
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0012| 13-6-2 NMSA 1978 after approval of the secretary."
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0013| Section 2. Section 15-8-6 NMSA 1978 (being Laws 1994,
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0014| Chapter 119, Section 6) is amended to read:
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0015| "15-8-6. STATE VEHICLES--USE--MARKINGS--STATE GOVERNMENT
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0016| PLATES.--
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0017| A. The division shall adopt regulations governing
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0018| the use of state vehicles controlled by the division,
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0019| including driver requirements and responsibilities and under
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0020| what circumstances someone can be assigned a state vehicle on a
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0021| permanent or semi-permanent basis. [and when custody of a
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0022| state vehicle can be vested in another state agency pursuant to
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0023| the provisions of this section.
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0024| B. The division may determine that it is
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0025| impractical to retain custody of certain state vehicles, and it
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0001| may provide that custody reside in another state agency in the
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0002| following cases:
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0003| (1) the state vehicle is used for emergency or
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0004| law enforcement purposes;
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0005| (2) the state vehicle is of a special design
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0006| or construction that effectively limits its use to a particular
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0007| purpose;
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0008| (3) the money used in the acquisition of the
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0009| state vehicle is subject to constitutional or trust limitations
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0010| that prevent its use as a part of the motor pool;
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0011| (4) the state vehicle is not based in Santa
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0012| Fe;
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0013| (5) the state vehicle is a state highway and
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0014| transportation department truck or tractor or heavy road
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0015| equipment; or
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0016| (6) the state agency requires the use of a
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0017| vehicle on a regular basis, as defined by regulation of the
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0018| division.]
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0019| B. State agencies other than the department may own
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0020| and control state vehicles subject to the provisions of the
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0021| Transportation Services Act.
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0022| C. Except as provided in Subsection E of this
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0023| section, all state vehicles shall be marked as state vehicles.
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0024| Each side of the state vehicle shall have painted, in letters
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0025| not less than two inches in height, the following designation
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0001| of ownership: "State of New Mexico,......Department" and naming
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0002| the department. If the department has more than one state
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0003| vehicle assigned for its use, each state vehicle shall be
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0004| conspicuously numbered in consecutive order. The division
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0005| shall include the words "State Motor Pool" and consecutive
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0006| number of the vehicle on the designation for its state
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0007| vehicles.
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0008| D. Except as provided in Subsection E of this
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0009| section, all state vehicles shall have specially designed
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0010| government registration plates.
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0011| E. Only state vehicles used for legitimate
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0012| undercover law enforcement purposes are exempt from the
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0013| requirements of Subsections C and D of this section. All other
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0014| state vehicles owned or in the custody of state agencies that
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0015| have law enforcement functions shall be marked and have state
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0016| government registration plates."
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0017| Section 3. Section 15-8-7 NMSA 1978 (being Laws 1994,
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0018| Chapter 119, Section 7) is amended to read:
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0019| "15-8-7. PURCHASE OF STATE VEHICLES--PROCUREMENT CODE--
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0020| EQUIPMENT. [A.] All state vehicle purchases shall be
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0021| pursuant to the provisions of the Procurement Code. All
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0022| purchases of state vehicles [even those not assigned to the
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0023| motor pool] shall be approved by the [director] state
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0024| purchasing agent.
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0025| [B. Subject to legislative appropriations and
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0001| directives and the approval of the secretary, the director
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0002| shall determine the type and number of state vehicles to be
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0003| purchased each year and how they shall be equipped.]"
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0004| Section 4. Section 15-8-8 NMSA 1978 (being Laws 1994,
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0005| Chapter 119, Section 8) is amended to read:
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0006| "15-8-8. LEASE WITH STATE FUNDS.--No motor vehicle shall
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0007| be leased with state money unless such lease is first
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0008| specifically approved by the [division] state purchasing
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0009| agent."
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0010| Section 5. Section 15-8-11 NMSA 1978 (being Laws 1994,
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0011| Chapter 119, Section 11) is amended to read:
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0012| "15-8-11. REPORT TO LEGISLATURE. [The division] All
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0013| state agencies holding title to state vehicles shall provide
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0014| an annual report to the legislature that includes information
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0015| on the operations of the [division] state vehicles,
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0016| including reports on Motor Vehicle Code violations, accidents
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0017| and insurance claims involving state vehicles; major
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0018| maintenance costs; purchases and sales of [motor] state
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0019| vehicles; and progress of the [division] state agency in
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0020| carrying out the provisions of the Alternative Fuel Conversion
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0021| Act. The report shall be deemed to have been provided to the
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0022| legislature when filed with the legislative council service and
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0023| the legislative finance committee. [The division] State
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0024| agencies shall make copies available to individual legislators
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0025| upon request."
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0001| Section 6. A new section of the Transportation Services
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0002| Act is enacted to read:
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0003| "[NEW MATERIAL] RETENTION OF TITLE AND POSSESSION OF
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0004| CERTAIN STATE VEHICLES--DISPOSITION OF REMAINDER.--The division
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0005| shall retain title to and possession of one hundred of the
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0006| state vehicles that are under its control on the effective date
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0007| of this section. The state vehicles shall be kept, managed and
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0008| maintained by the division in accordance with the provisions of
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0009| Section 15-8-5 NMSA 1978. All remaining state vehicles shall
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0010| be sold or the title and possession shall be transferred to
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0011| the children, youth and families department, the human services
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0012| department or the department of health."
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0013| Section 7. REPEAL.--Section 15-8-2 NMSA 1978 (being Laws
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0014| 1994, Chapter 119, Section 2, as amended) is repealed.
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0015|
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0016| State of New Mexico
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0017| House of Representatives
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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| February 6, 1997
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0024|
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0025|
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0001| Mr. Speaker:
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0002|
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0003| Your TRANSPORTATION COMMITTEE, to whom has been
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0004| referred
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0005|
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0006| HOUSE BILL 50
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0007|
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0008| has had it under consideration and reports same WITHOUT
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0009| RECOMMENDATION, and thence referred to the
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0010| APPROPRIATIONS AND FINANCE COMMITTEE.
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0011|
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0012| Respectfully submitted,
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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|
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0018| Daniel P. Silva, Chairman
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0019|
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0020|
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0021| Adopted Not Adopted
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0022|
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025| Date
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0001|
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0002| The roll call vote was 11 For 0 Against
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0003| Yes: 11
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0004| Excused: Olguin
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0005| Absent: None
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0007|
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0008|
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0009| G:\BILLTEXT\BILLW_97\H0050
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