0001| HOUSE BILL 387
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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| DANICE PICRAUX
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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 AIR QUALITY; AMENDING SECTION 74-2-4 NMSA 1978
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0012| (BEING LAWS 1967, CHAPTER 277, SECTION 4, AS AMENDED) TO
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0013| REQUIRE PERSONS WITH PARKING PERMITS ISSUED BY AN INSTITUTION
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0014| OF HIGHER EDUCATION TO COMPLY WITH PROVISIONS OF A VEHICLE
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0015| EMISSION INSPECTION AND MAINTENANCE PROGRAM IN THE JURISDICTION
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0016| WHERE THE INSTITUTION OF HIGHER EDUCATION IS LOCATED.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. Section 74-2-4 NMSA 1978 (being Laws 1967,
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0020| Chapter 277, Section 4, as amended) is amended to read:
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0021| "74-2-4. LOCAL AUTHORITY.--
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0022| A. A county or municipality meeting the
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0023| qualifications set forth in Paragraph (1) or (2) of Subsection
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0024| J of Section 74-2-2 NMSA 1978 may assume jurisdiction as a
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0025| local authority by adopting an ordinance providing for the
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0001| local administration and enforcement of the Air Quality Control
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0002| Act. The ordinance shall:
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0003| (1) create a local board to perform, within
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0004| the boundaries of the local authority, those functions
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0005| delegated to the environmental improvement board under the Air
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0006| Quality Control Act, except any functions reserved exclusively
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0007| for the environmental improvement board;
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0008| (2) create a local agency to administer and
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0009| enforce the provisions of the Air Quality Control Act within
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0010| the boundaries of the local authority that shall, within the
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0011| boundaries of the local authority, perform all of the duties
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0012| required of the department and exert all of the powers granted
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0013| to the department, except for those duties and powers reserved
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0014| exclusively for the department; and
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0015| (3) provide for the appointment of a director
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0016| who shall perform for the local authority the same duties as
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0017| required of the secretary under the Air Quality Control Act,
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0018| except the duties and powers reserved exclusively for the
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0019| secretary.
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0020| B. At least a majority of the members of a local
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0021| board shall be individuals who represent the public interest
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0022| and do not derive any significant portion of their income from
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0023| persons subject to or who appear before the local board on
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0024| issues related to the federal act or the Air Quality Control
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0025| Act.
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0001| C. Prior to adopting any ordinance regulating air
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0002| pollution, public hearings and consultations shall be held as
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0003| directed by the local authority adopting the ordinance. The
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0004| provisions of any ordinance shall be consistent with the
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0005| substantive provisions of the Air Quality Control Act and shall
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0006| provide for standards and regulations not lower than those
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0007| required by regulations adopted by the environmental
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0008| improvement board.
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0009| D. Notwithstanding the provisions of Subsection A
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0010| of this section, the environmental improvement board and the
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0011| secretary shall retain jurisdiction and control for the
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0012| administration and enforcement of the Air Quality Control Act
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0013| as determined in that act with respect to any act or failure to
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0014| act, governmental or proprietary, of any local authority that
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0015| causes or contributes to air pollution, including proceeding
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0016| against a local authority as provided in Section 74-2-12 NMSA
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0017| 1978. "Failure to act", as used in this section, includes
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0018| failure to act against any person violating the applicable
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0019| ordinance or regulation adopted pursuant thereto.
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0020| E. Any local authority that is located within a
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0021| transportation-related pollutant nonattainment area or
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0022| maintenance area may provide for a vehicle emission inspection
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0023| and maintenance program for vehicles under twenty-six thousand
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0024| pounds gross vehicle weight powered by a spark-ignited internal
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0025| combustion engine, which program shall be no more stringent
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0001| than that required under the federal act or under federal air
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0002| quality standards. Any two or more local authorities may adopt
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0003| identical rules and regulations necessary to implement the
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0004| vehicle emission inspection and maintenance program, including
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0005| examining the alternatives of public or private operation of
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0006| the program.
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0007| F. Any local authority that has implemented a
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0008| vehicle emission inspection and maintenance program may extend
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0009| the enforcement of that program by entering into joint powers
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0010| agreements with any municipality or county within the
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0011| designated airshed or with the department.
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0012| G. A person who has a parking permit, which is
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0013| issued to him by an institution of higher education, shall
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0014| comply with and be subject to the provisions of any vehicle
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0015| emission inspection and maintenance program in the jurisdiction
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0016| where the institution of higher education is located.
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0017| [G.] H. No tax shall be imposed to fund any
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0018| vehicle emission inspection and maintenance program until the
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0019| local authority has submitted the question of imposition of a
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0020| tax to the registered voters of the local authority and those
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0021| registered voters have approved the imposition of the tax.
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0022| [H.] I. A local authority having a vehicle
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0023| emission inspection and maintenance program shall conduct the
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0024| vehicle emission inspection and maintenance program through a
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0025| decentralized privately owned and operated system unless air
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0001| quality emissions result in automatic implementation of another
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0002| type of program under the terms of a contingency plan required
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0003| and approved by the United States environmental protection
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0004| agency. The local authority shall set the emission inspection
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0005| fee by ordinance.
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0006| [I.] J. A local authority having a vehicle
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0007| emission inspection and maintenance program is authorized to
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0008| adopt rules, regulations and guidelines governing the
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0009| establishment of private vehicle emission inspection and
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0010| maintenance stations. No private vehicle emission inspection
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0011| and maintenance station shall test vehicles unless the station
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0012| possesses a valid permit issued by the local agency. Permit
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0013| fees shall be determined by ordinance of the local authority
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0014| and shall not exceed two hundred dollars ($200) per year per
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0015| station. Additionally, a local authority may charge a permit
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0016| fee of up to thirty-five dollars ($35.00) per year for each
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0017| vehicle emissions mechanic and for each vehicle emissions
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0018| inspector. The imposition of permit fees does not require a
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0019| vote of the registered voters of the local authority."
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0020| State of New Mexico
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0021| House of Representatives
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0022|
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0023| FORTY-THIRD LEGISLATURE
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| February 5, 1997
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0003|
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0004|
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0005| Mr. Speaker:
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0006|
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0007| Your ENERGY AND NATURAL RESOURCES COMMITTEE, to
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0008| whom has been referred
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0009|
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0010| HOUSE BILL 387
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0011|
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0012| has had it under consideration and reports same with
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0013| recommendation that it DO PASS, and thence referred to the
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0014| CONSUMER AND PUBLIC AFFAIRS 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| James Roger Madalena, Chairman
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0023|
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0024|
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0025| Adopted Not Adopted
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0001|
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004| Date
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0005|
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0006| The roll call vote was 10 For 0 Against
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0007| Yes: 10
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0008| Excused: Macko, Stewart
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0009| Absent: None
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0010|
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0011|
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0012| G:\BILLTEXT\BILLW_97\H0387 State of New Mexico
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0013| House of Representatives
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0014|
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0015| FORTY-THIRD LEGISLATURE
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0016| FIRST SESSION, 1997
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0017|
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0018|
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0019| February 18, 1997
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0020|
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0021|
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0022| Mr. Speaker:
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0023|
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0024| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0025| whom has been referred
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0001|
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0002| HOUSE BILL 387
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0003|
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0004| has had it under consideration and reports same with
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0005| recommendation that it DO PASS, and thence referred to the
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0006| JUDICIARY COMMITTEE.
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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| Gary King, Chairman
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0015|
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 6 For 1 Against
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0024| Yes: 6
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0025| No: Johnson
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0001| Excused: Rios, Sandel, Vaughn
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0002| Absent: None
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0003|
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0004|
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0005| G:\BILLTEXT\BILLW_97\H0387
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