0001|                            HOUSE BILL 340
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          M. MICHAEL OLGUIN
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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 STRATEGIC PLANNING; AMENDING AND ENACTING SECTIONS
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0012|     OF THE NMSA 1978 TO ESTABLISH THE NEW MEXICO FUTURES
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0013|     COMMISSION TO FORM A FRAMEWORK FOR ENSURING NEW MEXICO'S
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0014|     LEGACY OF ENCHANTMENT; ESTABLISHING POWERS AND DUTIES; MAKING
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0015|     AN APPROPRIATION.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  [<u>NEW MATERIAL</u>] SHORT TITLE.--Sections 1
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0019|     through 5 of this act may be cited as the "Strategic Planning
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0020|     Act".
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0021|          Section 2.  [<u>NEW MATERIAL</u>] LEGISLATIVE FINDINGS--
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0022|     PURPOSE.--
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0023|               A.  The legislature finds that the state is faced
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0024|     with increasing demands and limited resources and that this
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0025|     situation requires the conservation and wise management of
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0001|     resources to preserve them for future generations.  The
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0002|     legislature finds further that wise use and management of
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0003|     state resources require the cooperative effort of both the
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0004|     public and the private sector.
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0005|               B.  The legislature also finds that the state
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0006|     currently lacks a comprehensive strategic planning process. 
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0007|     Given the necessity of strategic planning and resource
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0008|     management, the legislature finds that a process needs to be
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0009|     established to accomplish both those goals in a manner that
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0010|     reflects the diversity and richness of the state's citizenry.
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0011|               C.  It is the purpose of the Strategic Planning Act
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0012|     to create an organizational entity design to oversee the
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0013|     implementation of a statewide strategic planning process.
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0014|          Section 3.  [<u>NEW MATERIAL</u>] DEFINITIONS.--As used in the
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0015|     Strategic Planning Act:
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0016|               A.  "commission" means the New Mexico futures
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0017|     commission; and
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0018|               B.  "director" means the executive director of the
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0019|     New Mexico futures commission.     
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0020|          Section 4.  [<u>NEW MATERIAL</u>] NEW MEXICO FUTURES
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0021|     COMMISSION--CREATION--MEMBERSHIP.--
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0022|               A.  The "New Mexico futures commission" is created.
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0023|               B.  The commission shall be composed of twelve
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0024|     members, six of whom shall be appointed by the governor, three
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0025|     of whom shall be appointed by the president pro tempore of the
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0001|     senate and three of whom shall be appointed by the speaker of
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0002|     the house of representatives.  To the extent possible, members
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0003|     should be appointed to reflect the geographic and cultural
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0004|     diversity of the state.  Of the members initially appointed to
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0005|     the commission, members appointed by the president pro tempore
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0006|     of the senate and the speaker of the house of representatives
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0007|     shall serve terms of two years; members appointed by the
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0008|     governor shall serve terms of one year.  All subsequent
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0009|     appointees shall serve terms of two years.  Members may be
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0010|     reappointed but may serve for no longer than four full terms.  
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0011|               C.  The governor shall appoint one member of the
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0012|     commission to serve as chairman.  Members of the commission
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0013|     may elect from among themselves other officers they deem
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0014|     necessary.
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0015|               D.  Members of the commission who are not state
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0016|     employees may be paid per diem and mileage pursuant to the
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0017|     provisions of the Per Diem and Mileage Act.
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0018|          Section 5.  [<u>NEW MATERIAL</u>] COMMISSION POWERS AND
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0019|     DUTIES.--
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0020|               A.  The commission shall establish a strategic
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0021|     planning process, including public and private sector
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0022|     partners.  The process shall be modeled after strategic
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0023|     planning processes in common use in the public and private
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0024|     sectors.  The process shall include:
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0025|                    (1)  a method to ensure broad-based statewide
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0001|     participation;
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0002|                    (2)  an information-gathering component by
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0003|     which to assess current economic conditions and trends;
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0004|                    (3)  an analysis of the state's strengths,
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0005|     weaknesses and opportunities;
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0006|                    (4)  the establishment of goals, objectives
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0007|     and strategies for implementation;
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0008|                    (5)  a procedure for measuring performance;
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0009|     and
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0010|                    (6)  a procedure for periodic review and
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0011|     refinement of the planning process.
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0012|               B.  The commission shall work with planning and
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0013|     development districts to coordinate regional planning
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0014|     development and to ensure that the strategic planning process
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0015|     reflects a statewide initiative.
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0016|               C.  Prior to December 1 of each year, the
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0017|     commission shall prepare and submit a report to the governor
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0018|     and the legislature on the status of the strategic planning
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0019|     process and implementation of the strategic plan.
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0020|               D.  The commission shall hire and fix the
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0021|     compensation of an executive director, who shall not be a
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0022|     member of the commission.  The person selected as director
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0023|     shall not be a state employee on the effective date of the
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0024|     Strategic Planning Act.  The director shall be well versed in
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0025|     planning and management and the implementation of planning
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0001|     directives.  The director, with the approval of the
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0002|     commission, may employ staff as necessary to carry out the
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0003|     duties of the commission and the provisions of the Strategic
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0004|     Planning Act.
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0005|               E.  The commission, through its director, may enter
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0006|     into such contracts and agreements as are necessary to carry
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0007|     out the provisions of the Strategic Planning Act.
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0008|               F.  Employees shall serve at the pleasure of the
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0009|     commission and are exempt from the provisions of the Personnel
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0010|     Act.
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0011|          Section 6.  Section 10-9-4 NMSA 1978 (being Laws 1961,
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0012|     Chapter 240, Section 4, as amended) is amended to read:
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0013|          "10-9-4.  COVERAGE OF SERVICE.--The Personnel Act and the
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0014|     service cover all state positions except:
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0015|               A.  officials elected by popular vote or appointed
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0016|     to fill vacancies to elective offices;
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0017|               B.  members of boards and commissions and heads of
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0018|     agencies appointed by the governor;
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0019|               C.  heads of agencies appointed by boards or
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0020|     commissions;
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0021|               D.  directors of department divisions;
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0022|               E.  those in educational institutions and in public
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0023|     schools;
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0024|               F.  those employed by state institutions and by
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0025|     state agencies providing educational programs and who are
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0001|     required to hold valid certificates as certified school
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0002|     instructors as defined in Section 22-1-2 NMSA 1978 issued by
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0003|     the state board of education;
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0004|               G.  those in the governor's office;
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0005|               H.  those in the state militia or the commissioned
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0006|     officers of the New Mexico state police division of the
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0007|     department of public safety;
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0008|               I.  those in the judicial branch of government;
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0009|               J.  those in the legislative branch of government;
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0010|               <u>K.  employees of the New Mexico futures
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<u></u>0011| <u>    commission</u>;
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0012|               <s>[K.]</s> <u>L.</u>  not more than two assistants and one
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0013|     secretary in the office of each official listed in Subsections
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0014|     A, B and C of this section, excluding members of boards and
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0015|     commissions in Subsection B of this section;
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0016|               <s>[L.]</s> <u>M.</u>  those of a professional or scientific
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0017|     nature which are temporary in nature;
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0018|               <s>[M.]</s> <u>N.</u>  those filled by patients or inmates in
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0019|     charitable, penal or correctional institutions;
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0020|               <s>[N.]</s> <u>O.</u>  state employees if the personnel board
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0021|     in its discretion decides that the position is one of
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0022|     policymaking; and
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0023|               <s>[O.]</s> <u>P.</u>  disadvantaged youth under twenty-two
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0024|     years of age regularly enrolled or to be enrolled in a
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0025|     secondary educational institution approved by the state board
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0001|     of education or in an accredited state institution of advanced
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0002|     learning or vocational training and who are to be employed for
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0003|     not more than seven hundred twenty hours during any calendar
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0004|     year:
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0005|                    (1)  the term "disadvantaged youth" shall be
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0006|     defined for purposes of this exemption by <s>[regulation]</s>
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0007|     <u>rule</u> duly promulgated by the board; and
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0008|                    (2)  the board shall:
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0009|                         (a)  require that all the criteria of
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0010|     this subsection have been met;
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0011|                         (b)  establish employment lists for the
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0012|     certification of the highest-standing candidates to the
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0013|     prospective employers; and
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0014|                         (c)  establish the pay rates for such
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0015|     employees."
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0016|          Section 7.  APPROPRIATION.--One hundred thirty-five
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0017|     thousand dollars ($135,000) is appropriated from the general
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0018|     fund to the New Mexico futures commission for expenditure in
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0019|     fiscal year 1999 for the purpose of carrying out the
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0020|     provisions of the Strategic Planning Act.  The appropriation
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0021|     is contingent on an equal contribution to the commission from
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0022|     the private sector.  Any unexpended or unencumbered balance
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0023|     remaining at the end of fiscal year 1999 shall revert to the
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0024|     general fund.
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0025|                              
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