0001| SENATE BILL 95
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| PHILLIP J. MALOOF
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO INTERGOVERNMENTAL AGREEMENTS; AMENDING A SECTION OF
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0013| THE TORT CLAIMS ACT; CLARIFYING TREATMENT OF CERTAIN JOINTLY
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0014| OPERATED GOVERNMENTAL FACILITIES; 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 41-4-4 NMSA 1978 (being Laws 1976,
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0018| Chapter 58, Section 4, as amended) is amended to read:
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0019| "41-4-4. GRANTING IMMUNITY FROM TORT LIABILITY--AUTHORIZING EXCEPTIONS.--
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0020| A. A governmental entity and any public employee
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0021| while acting within the scope of duty are granted immunity from
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0022| liability for any tort except as waived by Sections 41-4-5
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0023| through 41-4-12 NMSA 1978. Waiver of this immunity shall be
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0024| limited to and governed by the provisions of Sections 41-4-13
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0025| through 41-4-25 NMSA 1978.
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0001| B. Unless an insurance carrier provides a defense, a
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0002| governmental entity shall provide a defense, including costs and
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0003| attorneys' fees, for any public employee when liability is
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0004| sought for:
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0005| (1) any tort alleged to have been committed by
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0006| the public employee while acting within the scope of his duty;
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0007| or
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0008| (2) any violation of property rights or any
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0009| rights, privileges or immunities secured by the constitution and
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0010| laws of the United States or the constitution and laws of New
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0011| Mexico when alleged to have been committed by the public
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0012| employee while acting within the scope of his duty.
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0013| C. A governmental entity shall pay any award for
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0014| punitive or exemplary damages awarded against a public employee
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0015| under the substantive law of a jurisdiction other than New
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0016| Mexico, including but not limited to other states, territories
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0017| and possessions and the United States of America, if the public
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0018| employee was acting within the scope of his duty.
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0019| D. A governmental entity shall pay any settlement or
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0020| any final judgment entered against a public employee for:
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0021| (1) any tort [which] that was committed by
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0022| the public employee while acting within the scope of his duty;
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0023| or
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0024| (2) a violation of property rights or any
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0025| rights, privileges or immunities secured by the constitution and
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0001| laws of the United States or the constitution and laws of New
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0002| Mexico [which] that occurred while the public employee was
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0003| acting within the scope of his duty.
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0004| E. A governmental entity shall have the right to
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0005| recover from a public employee the amount expended by the public
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0006| entity to provide a defense and pay a settlement agreed to by
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0007| the public employee or to pay a final judgment if it is shown
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0008| that, while acting within the scope of his duty, the public
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0009| employee acted fraudulently or with actual intentional malice
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0010| causing the bodily injury, wrongful death or property damage
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0011| resulting in the settlement or final judgment.
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0012| F. Nothing in Subsections B, C and D of this section
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0013| shall be construed as a waiver of the immunity from liability
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0014| granted by Subsection A of this section or as a waiver of the
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0015| state's immunity from suit in federal court under the eleventh
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0016| amendment to the United States constitution.
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0017| G. The duty to defend as provided in Subsection B of
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0018| this section shall continue after employment with the
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0019| governmental entity has been terminated if the occurrence for
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0020| which damages are sought happened while the public employee was
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0021| acting within the scope of duty while the public employee was in
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0022| the employ of the governmental entity.
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0023| H. The duty to pay any settlement or any final
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0024| judgment entered against a public employee as provided in this
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0025| section shall continue after employment with the governmental
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0001| entity has terminated if the occurrence for which liability has
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0002| been imposed happened while the public employee was acting
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0003| within the scope of his duty while in the employ of the
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0004| governmental entity.
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0005| I. A jointly operated public school, community
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0006| center or athletic facility that is used or maintained pursuant
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0007| to a joint powers agreement shall be deemed to be used or
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0008| maintained by a single governmental entity for the purposes of
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0009| and subject to the maximum liability provisions of Section
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0010| 41-4-19 NMSA 1978.
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0011| J. For purposes of this section, a "jointly operated
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0012| public school, community center or athletic facility" includes a
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0013| school, school yard, school ground, school building, gymnasium,
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0014| athletic field, building, community center or sports complex
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0015| that is owned or leased by a governmental entity and operated or
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0016| used jointly or in conjunction with another governmental entity
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0017| for operations, events or programs that include sports or
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0018| athletic events or activities, child-care or youth programs,
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0019| after-school or before-school activities or summer or vacation
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0020| programs at the facility."
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0021| Section 2. EMERGENCY.--It is necessary for the public
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0022| peace, health and safety that this act take effect immediately.
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0023| - 4 -
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0024|
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0025| FORTY-SECOND LEGISLATURE
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0001| SECOND SESSION, 1996
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0002|
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0003|
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0004| JANUARY 22, 1996
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0005|
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0006| Mr. President:
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0007|
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0008| Your COMMITTEES' COMMITTEE, to whom has been referred
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0009|
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0010| SENATE BILL 95
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0011|
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0012| has had it under consideration and finds same to be GERMANE, PURSUANT
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0013| TO SENATE EXECUTIVE MESSAGE NUMBER EIGHT, and thence referred to the
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0014| JUDICIARY COMMITTEE.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021| __________________________________
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0022| SENATOR MANNY M. ARAGON, Chairman
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0023|
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0024|
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0025|
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0001| Adopted_______________________ Not Adopted_______________________
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004|
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0005| Date ________________________
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0006|
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0007|
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0008|
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0009| S0095CC1
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0010|
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0011| FORTY-SECOND LEGISLATURE
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0012| SECOND SESSION, 1996
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0013|
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0014|
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0015| January 29, 1996
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0016|
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0017| Mr. President:
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0018|
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0019| Your JUDICIARY COMMITTEE, to whom has been referred
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0020|
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0021| SENATE BILL 95
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0022|
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0023| has had it under consideration and reports same with recommendation that
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0024| it DO PASS.
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0025|
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0001| Respectfully submitted,
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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| Janice D. Paster, Chairman
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0007|
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0008|
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0009|
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0010| Adopted_______________________ Not 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 5 For 0 Against
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0019| Yes: 5
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0020| No: 0
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0021| Excused: Carraro, Stefanics, Tsosie, Vernon
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0022| Absent: None
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0023|
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0024|
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0025| S0095JU1
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0001| State of New Mexico
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0002| House of Representatives
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0003|
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0004| FORTY-SECOND LEGISLATURE
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0005| SECOND SESSION, 1996
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0006|
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0007|
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0008| February 12, 1996
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0009|
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0010|
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0011| Mr. Speaker:
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0012|
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0013| Your JUDICIARY COMMITTEE, to whom has been referred
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0014|
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0015| SENATE BILL 95
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO PASS, and thence referred to the
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0019| APPROPRIATIONS AND FINANCE COMMITTEE.
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0020|
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0021| Respectfully submitted,
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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| Cisco McSorley, Chairman
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0002|
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0003|
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0004| Adopted Not Adopted
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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 10 For 0 Against
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0010| Yes: 10
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0011| Excused: Alwin, Gubbels, Sanchez, R.G.
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0012| Absent: None
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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| S0095JC1 State of New Mexico
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0018| House of Representatives
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0019|
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0020| FORTY-SECOND LEGISLATURE
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0021| SECOND SESSION, 1996
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0022|
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0023|
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0024| February 13, 1996
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0025|
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0001|
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0002| Mr. Speaker:
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0003|
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0004| Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom has
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0005| been referred
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0006|
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0007| SENATE BILL 95
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0008|
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0009| has had it under consideration and reports same with
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0010| recommendation that it DO PASS.
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0011|
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0012| Respectfully submitted,
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0013|
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0014|
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0015|
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0016|
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0017| Max Coll, Chairman
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0018|
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0019|
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0020| Adopted Not Adopted
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023| Date
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0024|
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0025| The roll call vote was 18 For 0 Against
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0001| Yes: 18
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0002| Excused: None
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0003| Absent: None
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0004|
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0005|
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0006|
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0007| S0095AF1
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