0001| SENATE BILL 112
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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| RICHARD M. ROMERO
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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 ELECTIONS; ENACTING THE CAMPAIGN FINANCE REFORM
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0012| ACT; PROVIDING CAMPAIGN CONTRIBUTION LIMITS; PRESCRIBING CIVIL
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0013| PENALTIES; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
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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| "Campaign Finance Reform Act".
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0018| Section 2. PURPOSE OF ACT.--The purpose of the Campaign
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0019| Finance Reform Act is to help restore public trust in elections
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0020| and government, attract new political candidates and reduce the
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0021| influence of lobbyists and special interests.
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0022| Section 3. DEFINITIONS.--As used in the Campaign Finance
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0023| Reform Act:
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0024| A. "campaign committee" means two or more persons
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0025| authorized by a candidate to raise, collect or expend
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0001| contributions on the candidate's behalf for the purpose of
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0002| electing the candidate to office;
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0003| B. "candidate" means an individual who seeks or
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0004| considers an office, other than a federal office, in an
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0005| election covered by the Campaign Finance Reform Act, including
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0006| a public official, who either has filed a declaration of
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0007| candidacy or nominating petition or:
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0008| (1) for a nonstatewide office, has received
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0009| contributions or made expenditures of one thousand dollars
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0010| ($1,000) or more or authorized another person or campaign
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0011| committee to receive contributions or make expenditures of one
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0012| thousand dollars ($1,000) or more for the purpose of seeking
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0013| election to the office; or
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0014| (2) for a statewide office, has received
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0015| contributions or made expenditures of two thousand five hundred
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0016| dollars ($2,500) or more or authorized another person or
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0017| campaign committee to receive contributions or make
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0018| expenditures of two thousand five hundred dollars ($2,500) or
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0019| more for the purpose of seeking election to the office or for
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0020| candidacy exploration purposes in the years prior to the year
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0021| of the election;
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0022| C. "contribution" means a gift, subscription, loan,
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0023| advance or deposit of money or other thing of value, including
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0024| the estimated value of an in-kind contribution, that is made or
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0025| received for a political purpose, including payment of a debt
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0001| incurred in an election campaign, but does not include the
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0002| value of services provided without compensation or unreimbursed
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0003| travel or other personal expenses of individuals who volunteer
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0004| a portion or all of their time on behalf of a candidate or
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0005| political committee, nor does it include the administrative or
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0006| solicitation expenses of a political committee that are paid by
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0007| an organization that sponsors the committee;
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0008| D. "election" means any primary, general or statewide
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0009| special election in New Mexico and includes judicial retention
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0010| elections but excludes county, municipal, school board and
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0011| special district elections;
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0012| E. "person" means an individual or entity;
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0013| F. "political committee" means two or more persons,
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0014| other than members of a candidate's immediate family or
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0015| campaign committee or a husband and wife who make a
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0016| contribution out of a joint account, who are selected,
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0017| appointed, chosen, associated, organized or operated primarily
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0018| for a political purpose and includes political action
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0019| committees or similar organizations composed of employees or
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0020| members of any corporation, labor organization, trade or
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0021| professional association or any other similar group that
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0022| raises, collects, expends or contributes money or any other
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0023| thing of value for a political purpose; provided that a
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0024| "political committee" includes a single individual who by his
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0025| actions represents that he is a political committee; and
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0001| G. "political purpose" means influencing or
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0002| attempting to influence an election or pre-primary convention,
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0003| including a constitutional amendment or other question
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0004| submitted to the voters.
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0005| Section 4. CAMPAIGN CONTRIBUTION LIMITS--RESTRICTIONS AND
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0006| REQUIREMENTS.--
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0007| A. No person or political committee shall make
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0008| contributions that, in the aggregate, exceed:
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0009| (1) two hundred fifty dollars ($250) to a
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0010| candidate or his campaign committee with respect to an election
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0011| for a state legislative or nonstatewide judicial office;
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0012| (2) five hundred dollars ($500) to a candidate
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0013| or his campaign committee with respect to an election for a
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0014| statewide office; and
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0015| (3) five hundred dollars ($500) to a political
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0016| committee in any calendar year.
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0017| B. A candidate may make contributions of any amount
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0018| of his personal funds to his campaign committee. However, with
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0019| respect to an election for a nonfederal office covered by the
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0020| Campaign Finance Reform Act, if a candidate for:
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0021| (1) a state legislative or nonstatewide judicial
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0022| office makes contributions that, in the aggregate, exceed two
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0023| thousand five hundred dollars ($2,500) of his personal funds to
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0024| his campaign committee, except as provided in Subsection E of
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0025| this section, then the restrictions on contributions in excess
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0001| of the limit in Paragraph (1) of Subsection A of this section
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0002| do not apply to the candidate's opponents and the opponents'
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0003| campaign committees, but remain in effect for the candidate and
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0004| his campaign committee; or
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0005| (2) a statewide office makes contributions that,
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0006| in the aggregate exceed five thousand dollars ($5,000) of his
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0007| personal funds to his campaign committee, except as provided in
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0008| Subsection E of this section, then the restrictions on
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0009| contributions in excess of the limit in Paragraph (2) of
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0010| Subsection A of this section do not apply to the candidate's
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0011| opponents and the opponents' campaign committees, but remain in
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0012| effect for the candidate and his campaign committee.
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0013| C. Each candidate shall file a declaration of
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0014| voluntary compliance with the provisions of this section with
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0015| the proper filing officer at the time the candidate files his
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0016| declaration of candidacy or nominating petition. For the
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0017| primary election, the declaration of voluntary compliance shall
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0018| be filed no later than the deadline for filing for a primary
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0019| election. For the general election, the declaration of
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0020| voluntary compliance shall be filed no later than thirty days
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0021| after the primary election. Nominees appointed to fill a
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0022| vacancy shall file a declaration of voluntary compliance within
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0023| one week of their nomination. The declarations shall state
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0024| whether the candidate agrees to be bound by the voluntary limit
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0025| on his personal funds, as set forth in Subsection B of this
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0001| section. Once filed, the declaration of voluntary compliance
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0002| shall not be withdrawn, rescinded or changed.
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0003| D. If a candidate agrees to be bound by the voluntary
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0004| contribution limit for an election, he shall not exceed the
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0005| voluntary contribution limit for that election. If a candidate
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0006| in a primary election agrees to be bound by the voluntary
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0007| contribution limit for an election and exceeds that limit, then
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0008| his name will not be printed upon the general election ballot
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0009| unless he pays a fine of three times the amount by which he
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0010| exceeded the limit within thirty days after the primary
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0011| election. If a candidate in a general election agrees to be
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0012| bound by the voluntary contribution limit for an election and
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0013| exceeds the limit, then he shall not receive his certificate of
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0014| election unless he pays a fine of three times the amount by
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0015| which he exceeded the limit within thirty days after the
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0016| general election. A candidate who fails or refuses to file a
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0017| declaration of voluntary compliance shall not have his name
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0018| printed upon the ballot.
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0019| E. No candidate shall personally make outstanding
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0020| loans to his campaign or campaign committee that total at any
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0021| one time more than ten thousand dollars ($10,000).
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0022| F. For the purposes of this section:
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0023| (1) a contribution made to a candidate or his
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0024| campaign committee following the last election year for the
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0025| office that the candidate is seeking and prior to December 31
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0001| of the year of the election in which the candidate is
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0002| participating shall be considered to be made for the election
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0003| in which the candidate is participating. This provision shall
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0004| only apply to contributions made after November 1, 1996; and
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0005| (2) all contributions made by political
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0006| committees established, maintained or controlled by the same
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0007| person shall be considered to be made by a single person and
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0008| such contributions shall be aggregated.
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0009| Section 5. ADOPTION OF RULES AND REGULATIONS.--The
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0010| secretary of state may adopt and promulgate rules and
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0011| regulations to implement the provisions of the Campaign Finance
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0012| Reform Act in accordance with the State Rules Act.
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0013| Section 6. CIVIL PENALTY.--The attorney general or
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0014| district attorney may institute a civil action in district
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0015| court for a violation of a provision of the Campaign Finance
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0016| Reform Act. An action for relief may include a permanent or
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0017| temporary injunction, a restraining order or any other
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0018| appropriate order, including a civil penalty not to exceed
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0019| three times the amount of any contribution in violation of the
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0020| provisions of the Campaign Finance Reform Act and the
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0021| forfeiture of that illegal contribution.
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0022| Section 7. APPLICABILITY.--The provisions of the Campaign
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0023| Finance Reform Act do not apply to a candidate subject to the
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0024| provisions of federal law pertaining to campaign practices and
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0025| campaign finance.
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0001| Section 8. SEVERABILITY.--If any part or application of
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0002| the Campaign Finance Reform Act is held invalid, the remainder
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0003| or its application to other situations or persons shall not be
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0004| affected.
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0005| Section 9. APPROPRIATION.--Forty-nine thousand five
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0006| hundred dollars ($49,500) is appropriated from the general fund
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0007| to the secretary of state's office for expenditure in fiscal
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0008| year 1998 for the purpose of funding one full-time equivalent
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0009| employee to implement the provisions of the Campaign Finance
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0010| Reform Act. Any unexpended or unencumbered balance remaining
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0011| at the end of fiscal year 1998 shall revert to the general
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0012| fund.
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0013| Section 10. EMERGENCY.--It is necessary for the public
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0014| peace, health and safety that this act take effect immediately.
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0015|
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0016|
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0017| FORTY-THIRD LEGISLATURE
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0018| FIRST SESSION, 1997
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0019|
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0020|
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0021| February 6, 1997
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0022|
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0023| Mr. President:
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0024|
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0025| Your RULES COMMITTEE, to whom has been referred
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0001|
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0002| SENATE BILL 112
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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| Gloria Howes , Chairman
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0015|
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0016|
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0017|
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0018| Adopted_______________________ Not
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0019| Adopted_______________________
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022|
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0023| Date ________________________
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0024|
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0025|
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0001| The roll call vote was 8 For 0 Against
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0002| Yes: 8
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0003| No: 0
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0004| Excused: None
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0005| Absent: None
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0006|
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0007|
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0008| SO112RU1
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0009|
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0010|
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0011|
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0012| FORTY-THIRD LEGISLATURE
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0013| FIRST SESSION, 1997 SB 112/a
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0014|
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0015|
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0016| February 6, 1997
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0017|
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0018| Mr. President:
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0019|
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0020| Your RULES COMMITTEE, to whom has been referred
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0021|
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0022| SENATE BILL 112
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0023|
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0024| has had it under consideration and reports same with
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0025| recommendation that it DO PASS, amended as follows:
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0001|
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0002| 1. On page 3, between lines 12 and 13, insert the following
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0003| new subsection to read:
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0004|
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0005| "F. "personal funds" means any funds over which the
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0006| candidate has control, including funds in a joint bank account
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0007| and any money loaned to the candidate or his campaign committee
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0008| by a financial institution or individual;".
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0009|
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0010| 2. Reletter the succeeding subsections accordingly.
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0011|
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0012| 3. On page 3, line 25, strike "and".
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0013|
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0014| 4. On page 4, line 4, strike the period and insert in lieu
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0015| thereof "; and".
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0016|
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0017| 5. On page 4, between lines 4 and 5, insert the following
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0018| new subsection:
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0019|
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0020| "I. "proper filing office" means the county clerk for a
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0021| candidate seeking election to a state legislative office wholly
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0022| within one county and the secretary of state for all other
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0023| candidates covered by the Campaign Finance Reform Act.".
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0024|
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0025| 6. On page 5, line 13, after "declaration" strike the
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0001| remainder of the line, strike line 14 through "section" and
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0002| insert in lieu thereof:
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0003|
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0004| "stating whether the candidate agrees to be bound by the
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0005| voluntary limit on his personal funds, as set forth in Subsection
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0006| B of this section.".
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0007|
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0008| 7. On page 5, line 17, strike "of voluntary compliance" and
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0009| insert in lieu thereof "concerning the voluntary limit on the
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0010| candidate's personal funds".
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0011|
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0012| 8. On page 5, line 19, after "declaration" strike the
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0013| remainder of the line, strike line 20 through "compliance" and
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0014| insert in lieu thereof "concerning the voluntary limit on the
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0015| candidate's personal funds".
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0016|
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0017| 9. On page 5, line 22, strike "a declaration of voluntary
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0018| compliance" and insert in lieu thereof "the declaration
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0019| concerning the voluntary limits on the candidate's personal
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0020| funds".
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0021|
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0022| 10. On page 5, line 23, after the period strike the
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0023| remainder of the line, strike lines 24 and 25 and on page 6,
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0024| strike line 1 and insert in lieu thereof:
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0025|
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0001| "Once filed, the declaration concerning the voluntary limits on
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0002| the candidate's personal funds".
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0003|
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0004| 11. On page 6, strike lines 17 and 18 and insert in lieu
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0005| thereof:
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0006|
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0007| "declaration concerning the voluntary limits on the candidate's
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0008| personal funds shall be presumed to have stated an intent not to
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0009| abide by the voluntary limits, as set forth in Subsection B of
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0010| this section.".
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0011|
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0012| 12. On page 7, between lines 8 and 9, insert the following
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0013| new subsection:
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0014|
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0015| "G. Any unexpended campaign contributions retained by a
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0016| candidate's campaign committee for use in a subsequent election
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0017| cycle may be expended by the candidate without limit.
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0018| Expenditure of these unexpended campaign contributions by the
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0019| candidate's campaign committee is not prohibited by the Campaign
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0020| Finance Reform Act or subject to the limits and restrictions
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0021| placed on campaign contributions by this section.".
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0022|
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0023| 13. On page 7, strike lines 9 through 12 and insert in lieu
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0024| thereof:
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0025|
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0001| "Section 5. DUTIES OF THE SECRETARY OF STATE--ENFORCEMENT--
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0002| RULES AND REGULATIONS.--
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0003|
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0004| A. The secretary of state shall:
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0005|
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0006| (1) administer the provisions of the Campaign
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0007| Finance Reform Act;
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0008|
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0009| (2) prepare forms for candidates to declare their
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0010| voluntary compliance with the contribution limits established by
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0011| the Campaign Finance Reform Act;
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0012|
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0013| (3) make any declarations filed with the secretary
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0014| of state's office available for public inspection and may charge
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0015| a reasonable fee for providing copies of the declarations;
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0016|
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0017| (4) impose penalties against a campaign committee,
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0018| candidate, person or political committee that violates a
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0019| provision of the Campaign Finance Reform Act; and
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0020|
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0021| (5) adopt and promulgate rules and regulations to
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0022| implement the provisions of the Campaign Finance Reform Act in
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0023| accordance with the State Rules Act.
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0024|
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0025| B. Any person who believes that a violation of the
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0001| Campaign Finance Reform Act has occurred may file a written
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0002| complaint with the secretary of state no later than ninety days
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0003| after the alleged violation. The secretary of state may also
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0004| initiate investigations if the secretary determines that a
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0005| violation has occurred.".,
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0006|
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0007| and thence referred to the JUDICIARY 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| Gloria Howes, Chairman
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0016|
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0017|
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0018|
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0019| Adopted_______________________ Not
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0020| Adopted_______________________
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023|
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0024| Date ________________________
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0025|
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0001|
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0002| The roll call vote was 8 For 0 Against
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0003| Yes: 8
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0004| No: 0
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0005| Excused: None
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0006| Absent: None
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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|
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0012| S0112RU1 .115759.1
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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 3, 1997
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0019|
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0020| Mr. President:
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0021|
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0022| Your JUDICIARY COMMITTEE, to whom has been referred
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0023|
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0024| SENATE BILL 112, as amended
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0025|
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0001| has had it under consideration and reports same with
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0002| recommendation that it DO NOT PASS, but that
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0003|
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0004| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0005| SENATE BILL 112
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0006|
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0007| DO PASS, and thence referred to the FINANCE 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| Fernando R. Macias, Chairman
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0015|
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0016|
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0017| Adopted_______________________ Not Adopted_______________________
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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|
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0023| The roll call vote was 5 For 0 Against
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0024| Yes: 5
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0025| No: 0
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0001| Excused: Lopez, Sanchez, Vernon
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0002| Absent: None
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0003|
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0004| S0112JU1
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997
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0008|
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0009|
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0010| March 11, 1997
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0011|
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0012| Mr. President:
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0013|
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0014| Your FINANCE COMMITTEE, to whom has been referred
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0015|
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0016| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0017| SENATE BILL 112
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0018|
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0019| has had it under consideration and reports same with recommendation
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0020| that it DO PASS.
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0021|
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0022| Respectfully submitted,
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0023|
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0024|
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0025|
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0001| __________________________________
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0002| Ben D. Altamirano, Chairman
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0003|
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0004|
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0005|
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0006| Adopted_______________________ Not Adopted_______________________
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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0009|
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0010|
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0011| Date ________________________
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0012|
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0013|
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0014| The roll call vote was 8 For 0 Against
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0015| Yes: 8
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0016| No: None
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0017| Excused: Carraro, Ingle, McKibben
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0018| Absent: None
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0019|
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0020|
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0021| S0112FC1
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0022| FORTY-THIRD LEGISLATURE
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0023| FIRST SESSION, 1997
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0024|
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0025|
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0001|
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0002| October 23, 1997
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0003|
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0004|
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0005| SENATE FLOOR AMENDMENT number to SENATE JUDICIARY COMMITTEE
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0006| SUBSTITUTE FOR SENATE BILL 112, as amended
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0007|
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0008| AMENDMENT sponsored by SENATOR KIDD
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0009|
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0010| 1. On page 4, line 10, after "campaign committee" insert a
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0011| comma and the words "political party".
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0012|
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0013| 2. On page 8, line 13, after "person" insert a comma and the
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0014| words "political party".
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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| Senator Don Kidd
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0021|
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0022|
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0023|
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0024| Adopted Not Adopted
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0025|
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003|
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0004| Date
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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| S0112FS1
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0010| FORTY-THIRD LEGISLATURE
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0011| FIRST SESSION, 1997
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0012|
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0013|
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0014|
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0015| October 23, 1997
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0016|
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0017|
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0018| SENATE FLOOR AMENDMENT number to SENATE JUDICIARY COMMITTEE
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0019| SUBSTITUTE FOR SENATE BILL 112, as amended
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0020|
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0021| AMENDMENT sponsored by SENATOR INGLE
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0022|
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0023| 1. On page 4, line 14, strike the word "and".
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0024|
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0025| 2. On page 4, line 16, strike the period and insert the period
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0001| and insert the word and punctuation "; and".
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0002|
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0003| 3. On page 4, line 17 add the following:
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0004|
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0005| (4) "no registered lobbyist shall make contributions
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0006| to any candidate seeking public office."
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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| Senator Stuart Ingle
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0012|
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0013|
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0014|
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0015| Adopted Not Adopted
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0016|
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019|
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0020| Date
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0021|
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0022|
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0023|
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0024| S0112FS2 FORTY-THIRD LEGISLATURE
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0025| FIRST SESSION, 1997
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0001|
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0002|
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0003|
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0004| October 23, 1997
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0005|
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0006|
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0007| SENATE FLOOR AMENDMENT number to SENATE JUDICIARY COMMITTEE
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0008| SUBSTITUTE FOR SENATE BILL 112, with emergency clause
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0009|
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0010| AMENDMENT sponsored by SENATOR PAYNE
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0011|
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0012|
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0013| 1. On page 3, line 18, insert a comma after the word
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0014| "committees" and insert the words "political party,".
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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| Senator William H. Payne
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0020|
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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|
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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|
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0008| S0112FS3
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