0001| HOUSE BILL 1091
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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| EDWARD C. SANDOVAL
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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 PUBLIC HOSPITALS; AMENDING THE PROCUREMENT CODE AND
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0012| THE HOSPITAL FUNDING ACT; PERMITTING PUBLIC HOSPITALS TO ENTER
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0013| INTO JOINT PURCHASING AGREEMENTS; PERMITTING COUNTIES TO CREATE
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0014| NETWORKS OF HEALTH CARE PROVIDERS.
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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 4-48B-5 NMSA 1978 (being Laws 1947,
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0018| Chapter 148, Section 1, as amended) is amended to read:
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0019| "4-48B-5. POWER OF COUNTIES.--All counties shall have the
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0020| following powers:
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0021| A. to purchase, own, maintain and operate
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0022| hospitals;
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0023| B. to purchase the land necessary to construct
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0024| hospitals;
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0025| C. to control and regulate county hospitals;
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0001| D. to construct county hospitals;
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0002| E. to issue general obligation bonds and revenue
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0003| bonds in the manner provided in the Hospital Funding Act for
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0004| the construction, purchase, renovation, remodeling, equipping
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0005| or re-equipping of a county hospital or a jointly owned county-
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0006| municipal hospital and purchasing the land necessary therefor
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0007| or for any combination of the foregoing purposes;
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0008| F. to charge for hospital services rendered and to
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0009| reduce any charge made for care of a patient in whole or part
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0010| when the charges are determined to be disputed in good faith or
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0011| uncollectible;
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0012| G. to lease a hospital to any person, corporation
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0013| or association for the operation and maintenance of the
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0014| hospital upon terms and conditions as the county commissioners
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0015| may determine;
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0016| H. to contract with the state, another county or
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0017| counties, the federal government or its agencies, another
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0018| political subdivision or a public or private corporation,
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0019| organization or association for the care of the sick of the
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0020| county;
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0021| I. to receive all funds appropriated from whatever
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0022| source or paid by or on behalf of any patient of the hospital;
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0023| J. notwithstanding any other provision of law, to
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0024| enter into leases, management or operating contracts, health
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0025| care facilities contracts and other agreements authorized by
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0001| the Hospital Funding Act for periods in excess of one year;
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0002| provided that the contract, lease or agreement may be
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0003| terminated by the county without cause upon one hundred eighty
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0004| days' notice after the first three years of the contract;
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0005| K. to authorize the hospital governing board of a
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0006| county hospital to exercise all powers that the county is
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0007| granted by the Hospital Funding Act except the powers to issue
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0008| bonds, call a mill levy election and levy the annual
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0009| assessments for the mill levy authorized by the Hospital
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0010| Funding Act;
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0011| L. to enter into a health care facilities contract
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0012| with one or more hospitals which agree to provide facilities to
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0013| the sick of the county;
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0014| M. to call a mill levy election as authorized by
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0015| the Hospital Funding Act and to collect and distribute the
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0016| proceeds of the mill levy pursuant to that act;
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0017| N. to distribute the proceeds of the mill levy
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0018| authorized by the Hospital Funding Act to one or more county
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0019| hospitals and one or more contracting hospitals or any
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0020| combination thereof [which] that provide facilities for the
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0021| sick of the county, whether located within or without the
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0022| county wherein the mill levy is collected;
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0023| O. to accept grants for constructing, equipping,
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0024| operating and maintaining a county hospital;
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0025| P. to enter into an agreement with a municipality
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0001| for constructing, equipping, operating and maintaining a
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0002| jointly owned county-municipal hospital;
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0003| Q. to enter into an agreement with another county
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0004| or counties, [another county or counties and] another
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0005| political subdivision, an agency of the federal government or
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0006| any other person, corporation, organization or association
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0007| [which] that provides that the parties to the agreement
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0008| shall join together or form a legal entity for the purpose of
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0009| making some or all purchases necessary for the operation of
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0010| public hospitals or public and private hospitals [owned or
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0011| operated by the parties; and to designate one of the parties as
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0012| the central purchasing office, as defined in the Public
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0013| Purchases Act, for the others, to make purchases for the
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0014| parties to the agreement as they shall deem necessary and to
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0015| comply with the provisions of the Public Purchases Act]
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0016| subject to provisions of or exemptions from the Procurement
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0017| Code;
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0018| R. to enter into an agreement with another county
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0019| or counties, another political subdivision, an agency of the
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0020| federal government or any other person, corporation,
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0021| organization or association that provides that parties to the
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0022| agreement shall join together or form a legal entity for the
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0023| purpose of creating a network of health care providers or
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0024| jointly operating a common health care service, subject to
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0025| provisions of or exemptions from the Procurement Code;
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0001| [R.] S. to expend public money to recruit
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0002| health care personnel to serve the sick of the county; and
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0003| [S.] T. to perform any other act or adopt any
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0004| regulation necessary or expedient to carry out the provisions
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0005| of the Hospital Funding Act."
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0006| Section 2. Section 13-1-98 NMSA 1978 (being Laws 1984,
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0007| Chapter 65, Section 71, as amended) is amended to read:
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0008| "13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The
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0009| provisions of the Procurement Code shall not apply to:
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0010| A. procurement of items of tangible personal
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0011| property or services by a state agency or a local public body
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0012| from a state agency, a local public body or external
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0013| procurement unit except as otherwise provided in Sections
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0014| 13-1-135 through 13-1-137 NMSA 1978;
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0015| B. procurement of tangible personal property or
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0016| services for the governor's mansion and grounds;
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0017| C. printing and duplicating contracts involving
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0018| materials [which] that are required to be filed in
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0019| connection with proceedings before administrative agencies or
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0020| state or federal courts;
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0021| D. purchases of publicly provided or publicly
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0022| regulated gas, electricity, water, sewer and refuse collection
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0023| services;
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0024| E. purchases of books and periodicals from the
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0025| publishers or copyright holders thereof;
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0001| F. travel or shipping by common carrier or by
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0002| private conveyance or to meals and lodging;
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0003| G. purchase of livestock at auction rings or to the
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0004| procurement of animals to be used for research and
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0005| experimentation or exhibit;
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0006| H. contracts with businesses for public school
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0007| transportation services;
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0008| I. procurement of tangible personal property or
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0009| services, as defined by Sections 13-l-87 and 13-l-93 NMSA 1978,
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0010| by the corrections industries division of the corrections
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0011| department pursuant to regulations adopted by the corrections
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0012| [industries] commission, which shall be reviewed by the
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0013| purchasing division of the general services department prior to
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0014| adoption;
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0015| J. minor purchases consisting of magazine
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0016| subscriptions, conference registration fees and other similar
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0017| purchases where prepayments are required;
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0018| K. municipalities having adopted home rule charters
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0019| and having enacted their own purchasing ordinances;
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0020| L. the issuance, sale and delivery of public
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0021| securities pursuant to the applicable authorizing statute, with
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0022| the exception of bond attorneys and general financial
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0023| consultants;
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0024| M. contracts entered into by a local public body
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0025| with a private independent contractor for the operation, or
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0001| provision and operation, of a jail pursuant to Sections 33-3-26
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0002| and 33-3-27 NMSA 1978;
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0003| N. contracts for maintenance of grounds and
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0004| facilities at highway rest stops and other employment
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0005| opportunities, excluding those intended for the direct care and
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0006| support of persons with handicaps, entered into by state
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0007| agencies with private, nonprofit, independent contractors who
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0008| provide services to persons with handicaps;
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0009| O. contracts and expenditures for services to be
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0010| paid or compensated by money or other property transferred to
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0011| New Mexico law enforcement agencies by the United States
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0012| department of justice drug enforcement administration;
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0013| P. contracts for retirement and other benefits
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0014| pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;
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0015| [and]
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0016| Q. contracts with professional entertainers; and
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0017| R. procurement of items of tangible personal
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0018| property or services by a hospital operated by a state agency
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0019| or a local public body through:
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0020| (1) an agreement with any other state agency,
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0021| local public body or external procurement unit or any other
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0022| person, corporation, organization or association that provides
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0023| that the parties to the agreement shall join together for the
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0024| purpose of making some or all purchases necessary for the
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0025| operation of public hospitals or public and private hospitals,
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0001| if the state purchasing agent or a central purchasing office
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0002| makes a determination that the arrangement will or is likely to
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0003| reduce health care costs; or
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0004| (2) an agreement with any other state agency,
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0005| local public body or external procurement unit or any other
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0006| person, corporation, organization or association for the
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0007| purpose of creating a network of health care providers or
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0008| jointly operating a common health care service, if the state
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0009| purchasing agent or a central purchasing office makes a
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0010| determination that the arrangement will or is likely to reduce
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0011| health care costs, improve quality of care or improve access to
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0012| care."
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0013| State of New Mexico
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0014| House of Representatives
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| March 4, 1997
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0021|
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0022|
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0023| Mr. Speaker:
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0024|
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0025| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
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0001| whom has been referred
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0002|
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0003| HOUSE BILL 1091
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO PASS, and thence referred to the
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0007| CONSUMER AND PUBLIC AFFAIRS COMMITTEE.
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0008|
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0009| Respectfully submitted,
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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|
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0015| Lynda M. Lovejoy, Chairwoman
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0016|
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0017|
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0018| Adopted Not Adopted
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0019|
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022| Date
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0023|
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0024| The roll call vote was 6 For 1 Against
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0025| Yes: 6
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0001| No: Pearce
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0002| Excused: Hobbs
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0003| Absent: None
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0004|
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0005|
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0006| G:\BILLTEXT\BILLW_97\H1091 State of New Mexico
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0007| House of Representatives
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0008|
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0009| FORTY-THIRD LEGISLATURE
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0010| FIRST SESSION, 1997
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0011|
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0012|
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0013| March 11, 1997
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0014|
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0015|
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0016| Mr. Speaker:
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0017|
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0018| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0019| whom has been referred
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0020|
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0021| HOUSE BILL 1091
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0022|
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0023| has had it under consideration and reports same with
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0024| recommendation that 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|
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0007| Gary King, Chairman
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0008|
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0009|
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0010| Adopted Not Adopted
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0011|
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014| Date
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0015|
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0016| The roll call vote was 4 For 3 Against
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0017| Yes: 4
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0018| No: Crook, Dana, Johnson
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0019| Excused: Heaton, Rios, Vigil
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0020| Absent: None
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0021|
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0022|
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0023| G:\BILLTEXT\BILLW_97\H1091 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| March 17, 1997
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0003| Mr. President:
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0004|
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0005| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0006| referred
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0007|
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0008| HOUSE BILL 1091
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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.
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0012|
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0013| Respectfully submitted,
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0014|
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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| Shannon Robinson, Chairman
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0021|
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0022|
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0023| Adopted_______________________ Not
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0024| Adopted_______________________
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002|
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0003| Date ________________________
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0004|
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0005|
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0006|
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0007| The roll call vote was 3 For 2 Against
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0008| Yes: 3
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0009| No: Adair, Boitano
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0010| Excused: Garcia, Vernon, Ingle, Rodarte
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0011| Absent: None
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0012|
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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| H1091PA1
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0018|
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0019|
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION
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0023|
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0024|
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0025| March 18, 1997
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0001|
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0002|
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0003| SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 1091
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0004|
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0005| Amendment sponsored by Senator Joseph A. Fidel
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0006|
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0007|
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0008| 1. On page 1, line 11 strike "AMENDING" and insert in lieu
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0009| thereof "ENACTING A SECTION OF".
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0010|
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0011| 2. On page 1, line 11, after "AND" insert "AMENDING A
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0012| SECTION OF".
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0013|
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0014| 3. On page 5, strike lines 3 through 25, strike pages 6 and
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0015| 7 in their entirety and on page 8, strike lines 1 through 7 and
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0016| insert in lieu thereof the following new section:
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0017|
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0018| "Section 2. A new section of the Procurement Code is
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0019| enacted to read:
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0020|
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0021| "[NEW MATERIAL] HOSPITAL AND HEALTH CARE EXEMPTION.--The
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0022| provisions of the Procurement Code shall not apply to procurement
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0023| of items of tangible personal property or services by a state
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0024| agency or a local public body through:
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0025|
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0001| A. an agreement with any other state agency, local
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0002| public body or external procurement unit or any other person,
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0003| corporation, organization or association that provides that the
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0004| parties to the agreement shall join together for the purpose of
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0005| making some or all purchases necessary for the operation of
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0006| public hospitals or public and private hospitals, if the state
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0007| purchasing agent or a central purchasing office makes a
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0008| determination that the arrangement will or is likely to reduce
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0009| health care costs; or
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0010|
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0011| B. an agreement with any other state agency, local
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0012| public body or external procurement unit or any other person,
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0013| corporation, organization or association for the purpose of
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0014| creating a network of health care providers or jointly operating
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0015| a common health care service, if the state purchasing agent or a
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0016| central purchasing office makes a determination that the
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0017| arrangement will or is likely to reduce health care costs,
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0018| improve quality of care or improve access to care."".
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0019|
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0020|
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0021|
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0022|
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0023| __________________________
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0024| Joseph A. Fidel
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0025|
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0001|
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0002| Adopted ___________________ Not Adopted _______________________
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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0005|
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0006| Date _________________
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