0001| HOUSE BILL 710
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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| GLORIA VAUGHN
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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 ABORTIONS; PROVIDING FOR NOTIFICATION OF PARENTS OR
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0012| GUARDIANS; PROVIDING EXCEPTIONS; PRESCRIBING CRIMINAL AND CIVIL
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0013| PENALTIES.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. SHORT TITLE.--This act may be cited as the
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0017| "Parental Notification Act".
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0018| Section 2. DEFINITIONS.--As used in the Parental
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0019| Notification Act:
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0020| A. "abortion" means the termination of a pregnancy
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0021| with knowledge that the termination will, with reasonable
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0022| likelihood, cause the death of the fetus;
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0023| B. "fetus" means a human organism from
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0024| fertilization until birth;
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0025| C. "guardian" means a person who has qualified to
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0001| provide for the care, custody or control of the person of a
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0002| minor or incapacitated person pursuant to testamentary or court
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0003| appointment;
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0004| D. "incapacitated person" means a female who
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0005| demonstrates over time either partial or complete functional
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0006| impairment by reason of mental illness, mental deficiency,
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0007| physical illness or disability, chronic use of drugs, chronic
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0008| intoxication or other cause, except minority, to the extent
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0009| that the person is unable to manage her personal affairs; and
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0010| E. "parent" means the biological or adoptive parent
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0011| of a pregnant unemancipated minor or incapacitated person.
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0012| Section 3. ABORTION NOTIFICATION.--
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0013| A. No abortion shall be performed on an
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0014| unemancipated minor or incapacitated person until at least
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0015| forty-eight hours after written notice of the pending abortion
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0016| has been given by the physician to the parent or guardian in
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0017| the manner specified in the Parental Notification Act.
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0018| B. The notice of abortion shall be addressed to the
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0019| parent or guardian at his usual place of abode and:
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0020| (1) delivered personally to the parent or
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0021| guardian by the physician or his agent; or
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0022| (2) made by certified mail to the parent or
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0023| guardian, return receipt requested, with restricted delivery
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0024| only to addressee. Delivery shall be deemed to have occurred
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0025| at 12:00 noon three days after the notice was mailed.
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0001| Section 4. NOTIFICATION LIMITATIONS.--
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0002| A. Notice is not required pursuant to Section 3 of
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0003| the Parental Notification Act if:
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0004| (1) the attending physician certifies in the
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0005| unemancipated minor's or incapacitated person's medical record
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0006| that the abortion is necessary to prevent death and there is
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0007| insufficient time to provide the required notice;
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0008| (2) the parent or guardian certifies in
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0009| writing that he has knowledge of the intended abortion; or
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0010| (3) the unemancipated minor or incapacitated
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0011| person chooses not to consent to the notification and a
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0012| district court judge determines that an unnotified abortion
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0013| would be in the best interests of the unemancipated minor or
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0014| incapacitated person, as provided in Subsection B of this
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0015| section, or that she is mature and capable of giving informed
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0016| consent to the proposed abortion.
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0017| B. If the unemancipated minor or incapacitated
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0018| person chooses not to consent to the notification of her parent
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0019| or guardian, she may petition the district court for an order
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0020| for an unnotified abortion. The unemancipated minor or
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0021| incapacitated person may participate in proceedings in the
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0022| court on her own behalf, and the court may appoint a guardian
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0023| ad litem for her. Proceedings pursuant to this subsection
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0024| shall be confidential and shall be given precedence over other
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0025| pending matters so that the court may reach a decision without
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0001| delay so as to serve the best interests of the unemancipated
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0002| minor or incapacitated person. A judge who conducts
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0003| proceedings pursuant to this subsection shall make written
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0004| factual findings and legal conclusions supporting his decision.
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0005| An expedited confidential appeal shall be available to the
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0006| unemancipated minor or incapacitated person for whom the court
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0007| denies an order authorizing an unnotified abortion. An order
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0008| authorizing an unnotified abortion shall not be subject to
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0009| appeal. No filing fees shall be required of the unemancipated
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0010| minor or incapacitated person at either the trial or appellate
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0011| level. For the purposes of the Parental Notification Act,
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0012| access to the district court and the appellate courts shall be
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0013| afforded to an unemancipated minor or incapacitated person
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0014| twenty-four hours a day, seven days a week.
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0015| Section 5. REPORTING REQUIREMENTS--CIVIL PENALTY.--
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0016| A. The vital statistics bureau of the public health
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0017| division of the department of health shall prepare a reporting
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0018| form for physicians. The form shall include:
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0019| (1) the total number of notices provided by
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0020| the physician and the number of notices provided in person and
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0021| by mail;
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0022| (2) the number of abortions that occurred
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0023| after notice was given to parents and guardians, to the best of
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0024| the reporting physician's information;
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0025| (3) the number of unemancipated minors and
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0001| incapacitated persons upon whom the physician performed an
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0002| abortion without providing notice and, of that number:
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0003| (a) the number of unemancipated minors;
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0004| (b) the number of incapacitated persons;
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0005| and
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0006| (c) the number of each for whom each of
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0007| the conditions specified in Subsection A of Section 4 of the
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0008| Parental Notification Act was applicable; and
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0009| (4) the number of abortions performed by the
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0010| physician pursuant to court order.
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0011| B. The bureau shall ensure that copies of the
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0012| reporting forms and the Parental Notification Act are provided
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0013| to all physicians licensed to practice in New Mexico.
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0014| C. Annually, on or before February 28, every
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0015| physician who performed an abortion on an unemancipated minor
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0016| or incapacitated person in the previous year shall file the
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0017| completed and accurate report with the bureau.
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0018| D. A physician who fails to submit a report or
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0019| fails to submit a complete and accurate report may be liable
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0020| for a civil penalty of up to five hundred dollars ($500). The
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0021| bureau may ask the court to require the physician to comply
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0022| with the requirements of this section within a period stated by
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0023| the court or be subject to sanctions for civil contempt.
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0024| Section 6. PUBLIC STATISTICS.--
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0025| A. The vital statistics bureau of the public health
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0001| division of the department of health shall issue a public
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0002| report providing statistics for the previous calendar year
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0003| compiled from the reports provided pursuant to Section 5 of the
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0004| Parental Notification Act. The report shall also include the
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0005| statistics for all previous years for which a public
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0006| statistical report was required to be issued, adjusted to
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0007| reflect additional information from late or corrected reports.
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0008| B. The bureau may consolidate the report form or
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0009| the report required by the Parental Notification Act with other
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0010| forms and reports issued by the bureau to achieve
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0011| administrative convenience or fiscal savings or to reduce the
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0012| burden of reporting requirements; provided the reports are sent
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0013| to all physicians in the state at least once each year and the
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0014| report described in Subsection A of this section is issued at
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0015| least once each year.
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0016| C. The bureau shall take care to ensure that none
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0017| of the information included in the public reports could
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0018| reasonably lead to the identification of a person who has had
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0019| an abortion.
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0020| Section 7. ABORTION WITHOUT NOTIFICATION--CRIMINAL AND
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0021| CIVIL PENALTIES.--
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0022| A. A person who performs an abortion in knowing and
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0023| reckless violation of the Parental Notification Act is guilty
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0024| of a misdemeanor and shall be punished by a fine of not more
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0025| than one thousand dollars ($1,000) or by imprisonment for a
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0001| definite term less than one year or both.
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0002| B. A person who was wrongfully denied notification
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0003| may bring a civil action against the physician who performed
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0004| the abortion without notification. A person shall not be held
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0005| liable pursuant to this subsection if he establishes by written
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0006| evidence that he relied on information provided by the
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0007| unemancipated minor or incapacitated person that was sufficient
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0008| to convince a careful and prudent person that it was bona fide
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0009| and true or that he attempted with reasonable diligence to
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0010| deliver notice but was unable to do so.
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0011| Section 8. SEVERABILITY.--If any part or application of
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0012| the Parental Notification Act is held invalid, the remainder or
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0013| its application to other situations or persons shall not be
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0014| affected.
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0015| Section 9. EFFECTIVE DATE.--The effective date of the
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0016| provisions of this act is July 1, 1997.
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0017|
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0018| State of New Mexico
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0019| House of Representatives
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION, 1997
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0023|
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0024|
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0025| March 6, 1997
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0001|
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0002|
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0003| Mr. Speaker:
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0004|
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0005| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0006| whom has been referred
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0007|
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0008| HOUSE BILL 710
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0009|
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0010| has had it under consideration and reports same with
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0011| recommendation that it DO PASS, and thence referred to the
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0012| BUSINESS AND INDUSTRY COMMITTEE.
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0013|
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0014| Respectfully submitted,
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0015|
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0016|
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0017|
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0018|
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0019|
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0020| Gary King, Chairman
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0021|
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0022|
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0023| Adopted Not Adopted
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0024|
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002| Date
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0003|
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0004| The roll call vote was 5 For 1 Against
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0005| Yes: 5
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0006| No: Trujillo
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0007| Excused: Heaton, King, Rios, Vigil
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0008| Absent: None
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0009|
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0010|
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0011| G:\BILLTEXT\BILLW_97\H0710 State of New Mexico
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0012| House of Representatives
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0013|
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0014| FORTY-THIRD LEGISLATURE
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0015| FIRST SESSION, 1997
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0016|
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0017|
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0018| March 11, 1997
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0019|
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0020|
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0021| Mr. Speaker:
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0022|
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0023| Your BUSINESS AND INDUSTRY COMMITTEE, to whom
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0024| has been referred
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0025|
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0001| HOUSE BILL 710
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0002|
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0003| has had it under consideration and reports same WITHOUT
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0004| RECOMMENDATION, and thence referred to the JUDICIARY
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0005| COMMITTEE.
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0006|
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0007| Respectfully submitted,
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0008|
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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| Fred Luna, Chairman
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0014|
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0015|
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0016| Adopted Not Adopted
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0017|
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0018| (Chief Clerk) (Chief Clerk)
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0019|
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0020| Date
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0021|
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0022| The roll call vote was 10 For 2 Against
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0023| Yes: 10
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0024| No: Getty, Olguin
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0025| Excused: Corley
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0001| Absent: None
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0002|
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0003|
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0004|
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0005| G:\BILLTEXT\BILLW_97\H0710 State of New Mexico
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0006| House of Representatives
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0007|
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0008| FORTY-THIRD LEGISLATURE
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0009| FIRST SESSION, 1997
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0010|
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0011|
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0012| March 21, 1997
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0013|
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0014|
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0015| Mr. Speaker:
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0016|
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0017| Your JUDICIARY COMMITTEE, to whom has been referred
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0018|
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0019| HOUSE BILL 710
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0020|
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0021| has had it under consideration and reports same with
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0022| recommendation that it DO PASS, and thence referred to the
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0023| APPROPRIATIONS AND FINANCE COMMITTEE.
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0024|
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0025| Respectfully submitted,
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0001|
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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| Thomas P. Foy, Chairman
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013| Date
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0014|
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0015| The roll call vote was 5 For 4 Against
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0016| Yes: 5
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0017| No: M.P. Garcia, King, Pederson, Stewart
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0018| Excused: Alwin, Foy, Rios, Sanchez
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0019| Absent: None
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0020|
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0021|
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0022| G:\BILLTEXT\BILLW_97\H0710
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