0001| HOUSE BILL 1000
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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| DANIEL P. SILVA
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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 HIGHWAYS; ADOPTING THE MULTISTATE HIGHWAY
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0012| TRANSPORTATION AGREEMENT.
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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. ENACTMENT AND JOINDER WITH OTHER
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0016| JURISDICTIONS.--The Multistate Highway Transportation Agreement
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0017| is adopted and entered into with all other jurisdictions
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0018| legally joining therein in the form substantially set forth in
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0019| Section 2.
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0020| Section 2. PROVISIONS OF AGREEMENT.--The provisions of
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0021| this multistate agreement are as follows:
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0022| "MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT
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0023| ARTICLE I. FINDINGS AND PURPOSE
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0024| (a) The participating jurisdictions find that:
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0025| (1) Highway transportation is the major mode
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0001| for movement of people and goods in the western states.
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0002| (2) Uniform application of state vehicle
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0003| regulations and laws may result in a reduction of pollution,
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0004| congestion, fuel consumption, and related transportation costs,
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0005| which are necessary to permit increased productivity.
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0006| (b) The purposes of this agreement are to:
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0007| (1) Adhere to the principle that each
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0008| participating jurisdiction has the freedom to develop vehicle
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0009| size and weight standards that it determines to be most
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0010| appropriate to its economy and highway system.
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0011| (2) Establish a system that would promote more
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0012| efficient operation of vehicles traveling between two or more
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0013| participating jurisdictions regarding necessary state
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0014| government vehicle laws and regulations.
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0015| (3) Encourage uniformity among participating
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0016| jurisdictions in vehicle size and weight standards on the basis
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0017| of the objectives set forth in this agreement when the
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0018| objectives are compatible with the safe operation of the
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0019| vehicles on each member's highway system, and when these size
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0020| and weight standards do not have an adverse impact on state and
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0021| local highway, street or road maintenance programs.
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0022| (4) Encourage uniformity, insofar as possible,
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0023| of administrative procedures in the enforcement of recommended
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0024| vehicle size and weight standards.
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0025| (5) Provide means for the encouragement and
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0001| utilization of research which will facilitate the achievement
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0002| of the foregoing purposes, with due regard for the findings set
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0003| forth in paragraph (a) of this article.
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0004| ARTICLE II. DEFINITIONS
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0005| (a) As used in this agreement:
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0006| (1) "Designated representative" means a legislator
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0007| or other person authorized to represent the jurisdiction.
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0008| (2) "Jurisdiction" means a state of the United
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0009| States or the District of Columbia.
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0010| (3) "Vehicle" means any vehicle as defined by
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0011| statute to be subject to size and weight standards and which
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0012| operates in two or more participating jurisdictions.
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0013| ARTICLE III. GENERAL PROVISIONS
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0014| (a) Participation in this agreement is open to
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0015| jurisdictions which subscribe to the findings, purpose and
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0016| objectives of this agreement and which seek legislation
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0017| necessary to accomplish these objectives.
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0018| (b) The particular jurisdictions, working through their
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0019| designated representatives, shall cooperate and assist each
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0020| other in achieving the desired goals of this agreement pursuant
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0021| to appropriate statutory authority.
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0022| (c) Article headings contained herein shall not be deemed
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0023| to govern, limit, modify, or in any manner affect the scope,
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0024| meaning, or intent of the provisions of any article or
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0025| paragraph hereof.
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0001| (d) This agreement shall not authorize the operation of a
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0002| vehicle in any participating jurisdiction contrary to the laws
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0003| or rules or regulations thereof.
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0004| (e) The final decisions regarding the interpretation of
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0005| questions at issue relating to this agreement shall be reached
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0006| by unanimous joint action of the participating jurisdictions
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0007| acting through their designated representatives. Results of
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0008| all such actions shall be in writing.
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0009| (f) This agreement may be amended by unanimous joint
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0010| action of the participating jurisdictions acting through their
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0011| designated representatives. Any amendments shall be in writing
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0012| and shall become a part of the agreement.
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0013| (g) Any jurisdiction entering this agreement shall
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0014| provide each of the other participating jurisdictions with a
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0015| list of any of its restrictions, conditions, or limitations on
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0016| the general terms of this agreement.
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0017| (h) Any jurisdiction may become a member of this
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0018| agreement by signing and accepting the terms of the agreement.
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0019| ARTICLE IV. COOPERATING COMMITTEE
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0020| (a) Pursuant to paragraph (b) of Article III, the
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0021| designated representatives of the participating jurisdictions
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0022| shall constitute a committee which shall have the power to:
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0023| (1) Collect, correlate, analyze, and evaluate
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0024| information resulting or derivable from research and testing
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0025| activities in relation to vehicle size, vehicle weight-related
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0001| matters, highway safety and bridge maintenance problems caused
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0002| by heavy vehicles.
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0003| (2) Recommend and encourage the undertaking of
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0004| research and testing in any aspect of vehicle size and weight
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0005| or related matter when in their collective judgment,
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0006| appropriate or sufficient research or testing has not been
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0007| undertaken.
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0008| (3) Recommend changes in law or policy, including
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0009| the compatibility of laws and uniformity of rules and
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0010| regulations which would assist effective governmental action or
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0011| coordination in the field of vehicle size and weight-related
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0012| matters.
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0013| (b) Each participating jurisdiction shall be entitled to
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0014| one vote only. No action of the committee shall be binding
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0015| unless a majority of the participating jurisdictions are in
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0016| favor thereof.
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0017| (c) The committee shall meet at least once annually and
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0018| shall elect, from among its members, a vice chairman and a
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0019| secretary.
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0020| (d) The committee shall submit annually to the
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0021| legislature of each participating jurisdiction, not later than
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0022| November 1, a report setting forth the work of the committee
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0023| during the preceding year and including recommendations
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0024| developed by the committee. The committee may submit such
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0025| additional reports as it deems appropriate or desirable.
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0001| Copies of all such reports shall be made available to the
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0002| Transportation Committee of the Western Conference, Council of
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0003| State Governments, and to the Western Association of State
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0004| Highway and Transportation Officials.
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0005| ARTICLE V. OBJECTIVES OF THE
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0006| PARTICIPATING JURISDICTIONS
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0007| (a) The participating jurisdictions hereby declare that:
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0008| (1) It is the objective of the participating
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0009| jurisdictions to obtain safer, more economical transportation
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0010| by motor vehicles among the participating jurisdictions.
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0011| (2) It is the further objective of the
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0012| participating jurisdictions that in the event the operation of
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0013| a vehicle, or combination of vehicles pursuant to the
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0014| objectives stated in paragraph (1) of subdivision (b) would
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0015| result in withholding or forfeiture of federal-aid funds, the
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0016| operation of such vehicle, or combination of vehicles shall be
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0017| authorized under special permit authority by each participating
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0018| jurisdiction which can legally issue such permits.
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0019| (3) The authority of any participating jurisdiction
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0020| to issue special permits for the movement of any vehicle, or
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0021| combination of vehicles, having dimensions or weights, or both,
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0022| in excess of the maximum statutory limits in each participating
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0023| jurisdiction shall not be affected.
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0024| (4) It is the further objective of the
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0025| participating jurisdictions to facilitate and expedite the
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0001| operation of any vehicle, or combination of vehicles, among the
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0002| participating jurisdictions. To that end the participating
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0003| jurisdictions hereby agree, through their designated
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0004| representatives, to meet and cooperate in the consideration of
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0005| vehicle size weight-related matters including, but not limited
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0006| to, the development of uniform enforcement procedures;
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0007| additional vehicle size and weight standards; operational
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0008| standards; agreements or compacts to facilitate regional
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0009| application and administration of vehicle size and weight
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0010| standards; uniform permit procedures; uniform application
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0011| forms; rules and regulations for the operation of vehicles,
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0012| including equipment requirements, driver qualifications, and
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0013| operating practices; traffic safety and highway maintenance;
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0014| and such other matters as may be pertinent.
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0015| (5) In recognition of the desire for a degree of
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0016| national uniformity of size and weight regulations, it is the
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0017| further objective of the participating jurisdictions to
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0018| encourage the development of broad, uniform size and weight
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0019| standards on a national basis under this agreement that are
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0020| compatible with national standards.
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0021| ARTICLE VI. ENTRY INTO FORCE AND WITHDRAWAL
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0022| (a) This agreement shall be in force in the State of New
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0023| Mexico for a period of three years when enacted into law by two
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0024| or more jurisdictions. Thereafter, this agreement shall become
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0025| effective as to any other jurisdiction upon its enactment
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0001| thereof, except as otherwise provided in paragraph (g) of
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0002| Article III. Not later than July 1, 2000, the Secretary of
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0003| Highway and Transportation shall recommend to the Legislature
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0004| whether or not this agreement should be continued based upon
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0005| its usefulness to the State of New Mexico.
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0006| (b) Any participating jurisdiction may withdraw from this
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0007| agreement by enacting a statute repealing the same, but no such
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0008| withdrawal shall take effect until 30 days after the designated
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0009| representative of the withdrawing jurisdiction has given notice
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0010| in writing of the withdrawal to all the other participating
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0011| jurisdictions.
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0012| ARTICLE VII. CONSTRUCTION AND SEVERABILITY
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0013| (a) This agreement shall be liberally construed so as to
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0014| effectuate the purposes thereof.
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0015| (b) The provisions of this agreement shall be severable
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0016| and if any phrase, clause, sentence, or provision of this
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0017| agreement is declared to be contrary to the constitution of any
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0018| participating jurisdiction or of the United States, or the
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0019| applicability thereof to any government, agency, person, or
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0020| circumstance is held invalid, the validity of the remainder of
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0021| this agreement shall not be affected thereby. If this
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0022| agreement shall be held contrary to the constitution of any
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0023| jurisdiction participating herein, the agreement shall remain
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0024| in full force and effect as to the remaining participating
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0025| jurisdictions and in full force and effect as to the
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0001| jurisdictions affected as to all severable matters.
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0002| ARTICLE VIII. FILING OF DOCUMENTS
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0003| (a) A copy of this agreement, its amendments, and rules
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0004| and regulations promulgated thereunder and interpretations
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0005| thereof, shall be filed in the highway department of each
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0006| participating jurisdiction and shall be made available for
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0007| review by interested parties."
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0008| Section 3. DESIGNATED REPRESENTATIVE TO COOPERATING
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0009| COMMITTEE--APPOINTMENT--TERM OF OFFICE.--The designated
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0010| representative to the cooperating committee established by
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0011| Article IV of the Multistate Highway Transportation Agreement
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0012| shall be jointly appointed by the speaker of the house of
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0013| representatives and the president pro tempore of the senate.
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0014| The designated representative may be represented by an
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0015| alternate jointly appointed by the speaker and the president
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0016| pro tempore.
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0017| Section 4. STATUTES PRESCRIBING WEIGHT AND SIZE STANDARDS
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0018| AND RELATING TO SPECIAL PERMITS--CONTINUATION.--All statutes
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0019| prescribing weight and size standards and all statutes relating
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0020| to special permits shall continue in effect until amended or
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0021| repealed.
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0022| Section 5. COOPERATION BY STATE AGENCY WITH COOPERATING
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0023| COMMITTEE.--Any state agency may cooperate with and assist the
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0024| cooperating committee within the scope of its authority.
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0025| Section 6. COOPERATING COMMITTEE REPORT.--A copy of the
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0001| report submitted to the legislature pursuant to paragraph (d)
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0002| of Article IV of the Multistate Highway Transportation
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0003| Agreement shall also be submitted to the state highway and
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0004| transportation department. All notices required by the
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0005| cooperating committee bylaws shall be given to the designated
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0006| representative or his alternate.
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0007| State of New Mexico
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0008| House of Representatives
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0009|
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0010| FORTY-THIRD LEGISLATURE
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0011| FIRST SESSION, 1997
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0012|
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0013|
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0014| February 25, 1997
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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 TRANSPORTATION COMMITTEE, to whom has been
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0020| referred
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0021|
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0022| HOUSE BILL 1000
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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, and thence referred to the
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0001| JUDICIARY COMMITTEE.
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0002|
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0003| Respectfully submitted,
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0004|
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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| Daniel P. Silva, Chairman
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0010|
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0011|
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0012| Adopted Not Adopted
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0013|
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016| Date
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0017|
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0018| The roll call vote was 7 For 0 Against
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0019| Yes: 7
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0020| Excused: None
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0021| Absent: Carpenter, Larranaga, Olguin, Watchman, Whitaker
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0022|
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0023|
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0024| G:\BILLTEXT\BILLW_97\H1000 State of New Mexico
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0025| House of Representatives
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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| February 25, 1997
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your TRANSPORTATION COMMITTEE, to whom has been
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0012| referred
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0013|
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0014| HOUSE BILL 1000
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS, and thence referred to the
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0018| JUDICIARY COMMITTEE.
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0019|
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0020| Respectfully submitted,
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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|
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0001| Daniel P. Silva, Chairman
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0002|
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0003|
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0004| Adopted Not Adopted
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0005|
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008| Date
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0009|
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0010| The roll call vote was 7 For 0 Against
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0011| Yes: 7
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0012| Excused: None
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0013| Absent: Carpenter, Larranaga, Olguin, Watchman, Whitaker
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0014|
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0015|
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0016| G:\BILLTEXT\BILLW_97\H1000 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| March 10, 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 JUDICIARY COMMITTEE, to whom has been referred
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0004|
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0005| HOUSE BILL 1000
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0006|
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0007| has had it under consideration and reports same with
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0008| recommendation that it DO PASS, amended as follows:
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0009|
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0010| 1. On page 1, line 12, strike the period and insert in lieu
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0011| thereof "; DECLARING AN EMERGENCY.".
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0012|
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0013| 2. On page 10, line 4, insert the following new section:
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0014|
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0015| "Section 7. EMERGENCY.--It is necessary for the public
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0016| peace, health and safety that this act take effect immediately."
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0017|
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0018| Respectfully submitted,
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0019|
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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| Thomas P. Foy, Chairman
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0025|
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0001|
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0002| Adopted Not Adopted
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0003|
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006| Date
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0007|
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0008| The roll call vote was 8 For 0 Against
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0009| Yes: 8
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0010| Excused: Foy, Mallory, Pederson, Rios, Sanchez
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0011| Absent: None
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0012|
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0013|
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0014|
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0015| G:\BILLTEXT\BILLW_97\H1000
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0016|
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0017| FORTY-THIRD LEGISLATURE
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0018| FIRST SESSION, 1997
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0019|
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0020|
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0021| March 14, 1997
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0022|
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0023| Mr. President:
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0024|
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0025| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
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0001| whom has been referred
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0002|
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0003| HOUSE BILL 1000, as amended
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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.
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013| __________________________________
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0014| Roman M. Maes, III, Chairman
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0015|
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0016|
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0017|
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0018| Adopted_______________________ Not
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0019| 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|
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0024| Date ________________________
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0025|
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0001|
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0002| The roll call vote was 7 For 0 Against
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0003| Yes: 7
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0004| No: 0
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0005| Excused: Fidel, Griego, Robinson
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0006| Absent: None
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0007|
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0008|
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0009| H1000CT1
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