0001|                           SENATE BILL 122
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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|                         TIMOTHY Z. JENNINGS
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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|     AMENDING SECTION 13-1-21 NMSA 1978 (BEING LAWS 1979, CHAPTER
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0012|     72, SECTION 1, AS AMENDED BY LAWS 1997, CHAPTER 1, SECTION 2
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0013|     AND ALSO BY LAWS 1997, CHAPTER 2, SECTION 2) TO CORRECT AN
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0014|     ERROR; DECLARING AN EMERGENCY.
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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.  Section 13-1-21 NMSA 1978 (being Laws 1979,
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0018|     Chapter 72, Section 1, as amended by Laws 1997, Chapter 1,
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0019|     Section 2 and also by Laws 1997, Chapter 2, Section 2 ) is
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0020|     amended to read:
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0021|          "13-1-21.  APPLICATION OF PREFERENCES.--
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0022|               A.  For the purposes of this section:
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0023|                    (1)  "resident business" means a New Mexico
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0024|     resident business or a New York state business enterprise;
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0025|                    (2)  "New Mexico resident business" means a
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0001|     business that is authorized to do and is doing business under
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0002|     the laws of this state and:
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0003|                         (a)  that maintains its principal place
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0004|     of business in the state; 
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0005|                         (b)  has staffed an office and has paid
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0006|     applicable state taxes for two years prior to the awarding of
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0007|     the bid and has five or more employees who are residents of the
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0008|     state; or
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0009|                         (c)  is an affiliate of a business that
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0010|     meets the requirements of Subparagraph (a) or (b) of this
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0011|     paragraph.  As used in this section, "affiliate" means an
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0012|     entity that directly or indirectly through one or more
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0013|     intermediaries controls, is controlled by or is under common
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0014|     control with the qualifying business through ownership of
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0015|     voting securities representing a majority of the total voting
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0016|     power of the entity;
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0017|                    (3)  "New York state business enterprise" means
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0018|     a business enterprise, including a sole proprietorship,
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0019|     partnership or corporation, that offers for sale or lease or
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0020|     other form of exchange, goods or commodities that are
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0021|     substantially manufactured, produced or assembled in New York
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0022|     state, or services, other than construction services, that are
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0023|     substantially performed within New York state.  For purposes of
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0024|     construction services, a New York state business enterprise
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0025|     means a business enterprise, including a sole proprietorship,
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0001|     partnership or corporation, that has its principal place of
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0002|     business in New York state;
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0003|                    (4)  "resident manufacturer" means a person who
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0004|     offers materials grown, produced, processed or manufactured
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0005|     wholly in the state; provided, however, that a 
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0006|     New York state business enterprise shall be deemed to be a
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0007|     resident manufacturer solely for the purpose of evaluating the
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0008|     New York state business enterprise's bid against the bid of a
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0009|     resident manufacturer that is <s>[now]</s> <u>not</u> a New York state
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0010|     business enterprise;
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0011|                    (5)  "recycled content goods" means supplies
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0012|     and materials composed in whole or in part of recycled
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0013|     materials; provided that the recycled materials content meets
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0014|     or exceeds the minimum content standards required by bid
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0015|     specifications; and
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0016|                    (6)  "virgin content goods" means supplies and
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0017|     materials that are wholly composed of nonrecycled materials or
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0018|     do not meet minimum recycled content standards required by bid
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0019|     specification.
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0020|               B.  When bids are received only from nonresident
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0021|     businesses and resident businesses and the lowest responsible
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0022|     bid is from a nonresident business, the contract shall be
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0023|     awarded to the resident business whose bid is nearest to the
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0024|     bid price of the otherwise low nonresident business bidder if
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0025|     the bid price of the resident bidder is made lower than the bid
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0001|     price of the nonresident business when multiplied by a factor
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0002|     of .95.
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0003|               C.  When bids are received only from nonresident
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0004|     businesses and resident manufacturers and the lowest
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0005|     responsible bid is from a nonresident business, the contract
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0006|     shall be awarded to the resident manufacturer whose bid is
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0007|     nearest to the bid price of the otherwise low nonresident
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0008|     business bidder if the bid price of the resident manufacturer
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0009|     is made lower than the bid price of the nonresident business
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0010|     when multiplied by a factor of .95.
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0011|               D.  When bids are received only from resident
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0012|     businesses and resident manufacturers and the lowest
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0013|     responsible bid is from a resident business, the contract shall
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0014|     be awarded to the resident manufacturer whose bid is nearest to
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0015|     the bid price of the otherwise low resident business bidder if
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0016|     the bid price of the resident manufacturer is made lower than
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0017|     the bid price of the resident business when multiplied by a
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0018|     factor of .95.
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0019|               E.  When bids are received from resident
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0020|     manufacturers, resident businesses and nonresident businesses
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0021|     and the lowest responsible bid is from a resident business, the
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0022|     contract shall be awarded to the resident manufacturer whose
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0023|     bid is nearest to the bid price of the otherwise low resident
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0024|     business bidder if the bid price of the resident manufacturer
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0025|     is made lower than the bid price of the resident business when
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0001|     multiplied by a factor of .95.
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0002|               F.  When bids are received from resident
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0003|     manufacturers, resident businesses and nonresident businesses
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0004|     and the lowest responsible bid is from a nonresident business,
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0005|     the contract shall be awarded to the resident manufacturer
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0006|     whose bid is nearest to the bid price of the otherwise low
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0007|     nonresident business bidder if the bid price of the resident
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0008|     manufacturer is evaluated as lower than the bid price of the
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0009|     nonresident business when multiplied by a factor of .95.  If
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0010|     there is no resident manufacturer eligible for award under this
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0011|     provision, then the contract shall be awarded to the resident
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0012|     business whose bid is nearest to the bid price of the otherwise
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0013|     low nonresident business bidder if the bid price of the
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0014|     resident business is made lower than the bid price of the
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0015|     nonresident business when multiplied by a factor of .95.
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0016|               G.  When bids are received for virgin content goods
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0017|     only or for recycled content goods only, Subsections B through
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0018|     F of this section shall apply.
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0019|               H.  When bids are received for both recycled content
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0020|     goods and virgin content goods and the lowest responsible bid
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0021|     is for virgin content goods, the contract shall be awarded to:
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0022|                    (1)  a resident manufacturer offering the
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0023|     lowest bid on recycled content goods of equal quality if the
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0024|     bid price of the resident manufacturer when multiplied by a
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0025|     factor of .90 is made lower than the otherwise low virgin
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0001|     content goods bid price;
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0002|                    (2)  a resident business offering a bid on
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0003|     recycled content goods of equal quality if:
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0004|                         (a)  the bid price of no resident
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0005|     manufacturer following application of the preference allowed in
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0006|     Paragraph (1) of this subsection can be made sufficiently low;
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0007|     and
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0008|                         (b)  the lowest bid price of the resident
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0009|     business when multiplied by a factor of .90 is made lower than
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0010|     the otherwise low virgin content goods bid price; or
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0011|                    (3)  a nonresident business or nonresident
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0012|     manufacturer offering recycled content goods of equal quality
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0013|     if:
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0014|                         (a)  the bid price of no resident
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0015|     business or resident manufacturer following application of the
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0016|     preference allowed in Paragraph (1) or (2) of this subsection
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0017|     can be made sufficiently low; and
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0018|                         (b)  the lowest bid price of a
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0019|     nonresident offering recycled content goods when multiplied by
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0020|     a factor of .95 is made lower than the otherwise low virgin
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0021|     content bid price.
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0022|               I.  When bids are received for both recycled content
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0023|     goods and virgin content goods, and the lowest responsible bid
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0024|     is for recycled content goods offered by a nonresident business
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0025|     or nonresident manufacturer, the contract shall be awarded to:
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0001|                    (1)  a resident manufacturer offering the
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0002|     lowest bid on recycled content goods of equal quality if the
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0003|     bid price of the resident manufacturer when multiplied by a
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0004|     factor of .95 is made lower than the otherwise low recycled
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0005|     content goods bid price; or
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0006|                    (2)  a resident business offering a bid on
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0007|     recycled content goods of equal quality if:
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0008|                         (a)  the bid price of no resident
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0009|     manufacturer following application of the preference allowed in
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0010|     Paragraph (1) of this subsection can be made sufficiently low;
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0011|     and
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0012|                         (b)  the lowest bid price of the resident
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0013|     business when multiplied by a factor of .95 is made lower than
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0014|     the otherwise low recycled content goods bid price offered by a
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0015|     nonresident business or manufacturer.
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0016|               J.  When bids are received for both recycled content
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0017|     goods and virgin content goods, and the lowest responsible bid
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0018|     is for recycled content goods offered by a resident business,
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0019|     the contract shall be awarded to a resident manufacturer
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0020|     offering the lowest bid on recycled content goods of equal
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0021|     quality if the bid price of the resident manufacturer when
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0022|     multiplied by a factor of .95 is made lower than the otherwise
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0023|     low recycled content goods bid price.
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0024|               K.  This section shall not apply when the
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0025|     expenditure of federal funds designated for a specific purchase
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0001|     is involved or for any bid price greater than five million
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0002|     dollars ($5,000,000)."
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0003|          Section 2.  SEVERABILITY.--If any part or application of
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0004|     this act is held invalid, the remainder or its application to
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0005|     other situations or persons shall not be affected.
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0006|          Section 3.  EMERGENCY.--It is necessary for the public
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0007|     peace, health and safety that this act take effect immediately.
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0008|                            - 8 - 
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