0001| HOUSE BILL 76
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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| G. X. MCSHERRY
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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 LIVESTOCK; AMENDING AND REPEALING SECTIONS OF THE
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0012| NMSA 1978 PERTAINING TO THE NEW MEXICO BEEF COUNCIL.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 77-2A-1 NMSA 1978 (being Laws 1979,
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0016| Chapter 197, Section 1) is amended to read:
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0017| "77-2A-l. SHORT TITLE.--[This act] Chapter 77, Article
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0018| 2A NMSA 1978 may be cited as the "New Mexico Beef Council
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0019| Act"."
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0020| Section 2. Section 77-2A-4 NMSA 1978 (being Laws 1979,
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0021| Chapter 197, Section 4, as amended) is amended to read:
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0022| "77-2A-4. MEMBERS' QUALIFICATIONS.--All members of the
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0023| council shall be producers, citizens of the United States
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0024| and bona fide residents of New Mexico [and in some branch of
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the bovine cattle business]. Each member shall at the time of
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0001| his appointment and during his entire term receive a
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0002| substantial portion of his income from the branch of the
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0003| business he represents on the council. In making his
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0004| appointments, the director shall appoint one member to
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0005| represent fluid milk producers, five to represent beef
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0006| producers, one to represent breeders of registered purebreds
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0007| and two to represent commercial cattle feeders. Appointments
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0008| of council members are to be made from lists of individuals
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0009| recommended by farm organizations, producer associations and
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0010| individual producers."
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0011| Section 3. Section 77-2A-6 NMSA 1978 (being Laws 1979,
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0012| Chapter 197, Section 6, as amended) is amended to read:
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0013| "77-2A-6. DUTIES--POWERS.--
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0014| A. The council shall:
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0015| (1) conduct [public relations programs
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promoting] marketing programs, including promotion, education
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0017| and research programs relating to cattle and beef products;
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0018| (2) submit to the director a detailed annual
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0019| budget for the council on a fiscal year basis [and provide a
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copy of the budget upon request to any person who has paid an
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assessment or made a contribution under the New Mexico Beef
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Council Act];
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0023| (3) bond officers and employees of the council
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0024| who receive and disburse council funds;
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0025| (4) keep detailed and accurate records of all
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0001| receipts and disbursements, have those records audited annually
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0002| and keep the audit available for inspection in the council
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0003| office;
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0004| (5) establish procedures for the adoption of
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0005| regulations that will provide for input from producers;
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0006| (6) determine and publish each year the
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0007| assessment rates to be collected by the board; and
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0008| (7) employ staff not to exceed four persons.
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0009| B. The council may:
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0010| (1) contract for scientific research to
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0011| discover and improve the commercial value of beef and products
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0012| thereof;
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0013| (2) disseminate reliable information showing
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0014| the value of beef and its products for any purpose for which
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0015| they may be found useful and profitable;
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0016| (3) make grants to research agencies for
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0017| financing studies or for the purchase or acquisition of
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0018| facilities necessary to carry out the purposes of the council
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0019| as authorized by the New Mexico Beef Council Act;
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0020| (4) cooperate with any local, state or
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0021| national organizations or agencies, whether created by law or
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0022| voluntary, engaged in work or activities similar to that of the
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0023| council and enter into contracts with those organizations or
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0024| agencies and expend funds in connection therewith for carrying
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0025| on joint programs;
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0001| (5) study legislation, state and federal, with
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0002| respect to tariffs, duties, reciprocal trade agreements, import
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0003| quotas and other matters concerning the effect on the beef
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0004| industry and represent and protect the interests of the beef
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0005| industry with respect to any legislation or proposed
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0006| legislation or executive action that may affect that industry;
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0007| (6) enter into contracts that it deems
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0008| appropriate to the carrying out of the purposes of the council
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0009| as authorized by [the New Mexico Beef Council] that act;
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0010| (7) sue and be sued as a council without
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0011| individual liability for acts of the council within the scope
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0012| of the powers conferred upon it by that act;
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0013| (8) appoint subordinate officers and employees
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0014| of the council, prescribe their duties and fix their
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0015| compensation;
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0016| (9) adopt regulations for the exercise of its
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0017| powers and duties. A copy of all council regulations shall be
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0018| filed with the department; and
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0019| (10) cooperate with other state beef councils
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0020| or agencies in the collection of assessments."
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0021| Section 4. Section 77-2A-7.1 NMSA 1978 (being Laws 1983,
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0022| Chapter 228, Section 3, as amended) is amended to read:
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0023| "77-2A-7.1. ASSESSMENTS.--There is levied and imposed
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0024| upon all cattle [inspected] involved in a transfer of
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0025| ownership in this state [by the board] an [additional]
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0001| assessment to be called the "council assessment". The council
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0002| assessment is to be fixed by the council at a rate of not
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0003| more than [twenty-five cents ($.25)] one dollar ($1.00) per
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0004| head [on only those cattle involved in a transfer of
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ownership]. The board shall collect this council assessment
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0006| or the federal domestic assessment imposed pursuant to the Beef
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0007| Promotion and Research Act of 1985 [7 U.S.C. 1601] at the
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0008| same time and in the same manner as the fee charged for the
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0009| state brand inspection required upon the movement of those
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0010| cattle. The board shall not deliver the certificate of
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0011| inspection or permit the cattle to move until all fees have
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0012| been paid. The proceeds of the council assessment shall be
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0013| remitted by the board to the council at the end of each month,
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0014| along with information that will allow the council to make
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0015| necessary refunds. At the request of the board, the council
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0016| shall reimburse the board for the responsible and necessary
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0017| expenses incurred for such collections and information [and]
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0018| at not [less] more than four cents ($.04) per head on
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0019| only those cattle involved in a transfer of ownership."
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0020| Section 5. REPEAL.--Section 77-2A-7.2 NMSA 1978 (being
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0021| Laws 1983, Chapter 228, Section 4, as amended) is repealed.
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0022| - 5 - State of New Mexico
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0023| House of Representatives
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION, 1997
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0002|
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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| Mr. Speaker:
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0008|
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0009| Your COMMITTEE, to whom has
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0010| been referred
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0011|
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0012|
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0013|
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0014| has had it under consideration and reports same with
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0015| recommendation that it DO PASS, and thence referred to the
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0016|
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0017| COMMITTEE.
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0018|
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0019| Respectfully submitted,
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0020|
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0021|
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0022|
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0023|
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0024|
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0025| , Chairman
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0001|
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0002|
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0003| Adopted Not Adopted
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0004|
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0005| (Chief Clerk) (Chief Clerk)
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0006|
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0007| Date
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0008|
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0009| The roll call vote was For Against
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0010| Yes:
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0011| No:
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0012| Excused:
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0013| Absent:
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0014|
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0015|
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0016| G:\BILLTEXT\BILLW_97\H0076State 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 4, 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 AGRICULTURE AND WATER RESOURCES COMMITTEE,
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0004| to whom has been referred
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0005|
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0006| HOUSE BILL 76
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0007|
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0008| has had it under consideration and reports same with
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0009| recommendation that it DO PASS.
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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| G. X. McSherry, Chairman
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0018|
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0019|
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0020| Adopted Not Adopted
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0021|
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0022| (Chief Clerk) (Chief Clerk)
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0023|
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0024| Date
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0025|
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0001| The roll call vote was 9 For 0 Against
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0002| Yes: 9
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0003| Excused: None
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0004| Absent: None
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0005|
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0006|
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0007| G:\BILLTEXT\BILLW_97\H0076
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0008|
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0009| FORTY-THIRD LEGISLATURE
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0010| FIRST SESSION, 1997
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0011|
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0012|
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0013| March 10, 1997
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0014|
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0015| Mr. President:
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0016|
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0017| Your CONSERVATION COMMITTEE, to whom has been referred
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0018|
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0019| HOUSE BILL 76
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0020|
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0021| has had it under consideration and reports same with
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0022| recommendation that it DO PASS.
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0023|
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0024| Respectfully submitted,
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0025|
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0001|
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0002|
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0003|
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0004| __________________________________
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0005| Michael S. Sanchez, Chairman
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0006|
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0007|
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0008|
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0009| Adopted_______________________ Not
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0010| Adopted_______________________
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013|
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0014|
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0015| Date ________________________
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0016|
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0017|
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0018| The roll call vote was 8 For 0 Against
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0019| Yes: 8
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0020| No: None
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0021| Excused: Davis, Payne
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0022| Absent: None
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0023|
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0024|
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0025| H0076C01
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