0001| SENATE BILL 882
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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| MICHAEL S. SANCHEZ
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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 DOMESTIC AFFAIRS; AMENDING SECTION 40-4-7 NMSA 1978
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0012| (BEING LAWS 1901, CHAPTER 62, SECTION 27, AS AMENDED) TO
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0013| PROVIDE FOR CHILD SUPPORT IN CERTAIN CIRCUMSTANCES.
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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. Section 40-4-7 NMSA 1978 (being Laws 1901,
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0017| Chapter 62, Section 27, as amended) is amended to read:
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0018| "40-4-7. PROCEEDINGS--SPOUSAL SUPPORT--SUPPORT OF
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0019| CHILDREN--DIVISION OF PROPERTY.--
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0020| A. In any proceeding for the dissolution of
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0021| marriage, division of property, disposition of children or
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0022| spousal support, the court may make and enforce by attachment
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0023| or otherwise an order to restrain the use or disposition of the
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0024| property of either party or for the control of the children or
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0025| to provide for the support of either party during the pendency
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0001| of the proceeding, as in its discretion may seem just and
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0002| proper. The court may make an order, relative to the expenses
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0003| of the proceeding, as will ensure either party an efficient
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0004| preparation and presentation of his case.
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0005| B. On final hearing, the court:
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0006| (1) may allow either party such a reasonable
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0007| portion of the spouse's property or such a reasonable sum of
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0008| money to be paid by either spouse either in a single sum or in
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0009| installments, as spousal support as under the circumstances of
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0010| the case may seem just and proper, including a court award of:
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0011| (a) rehabilitative spousal support that
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0012| provides the receiving spouse with education, training, work
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0013| experience or other forms of rehabilitation that increases the
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0014| receiving spouse's ability to earn income and become self-
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0015| supporting. The court may include a specific rehabilitation
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0016| plan with its award of rehabilitative spousal support and may
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0017| condition continuation of the support upon compliance with that
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0018| plan;
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0019| (b) transitional spousal support to
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0020| supplement the income of the receiving spouse for a limited
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0021| period of time; provided that the period shall be clearly
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0022| stated in the court's final order;
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0023| (c) spousal support for an indefinite
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0024| duration;
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0025| (d) a single sum to be paid in one or
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0001| more installments that specifies definite amounts, subject only
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0002| to the death of the receiving spouse; or
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0003| (e) a single sum to be paid in one or
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0004| more installments that specifies definite amounts, not subject
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0005| to any contingencies, including the death of the receiving
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0006| spouse;
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0007| (2) may:
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0008| (a) modify and change any order in
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0009| respect to spousal support awarded pursuant to the provisions
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0010| of Subparagraph (a), (b) or (c) of Paragraph (1) of this
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0011| subsection whenever the circumstances render such change
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0012| proper; or
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0013| (b) designate spousal support awarded
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0014| pursuant to the provisions of Subparagraph (a) or (b) of
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0015| Paragraph (1) of this subsection as nonmodifiable with respect
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0016| to the amount or duration of the support payments;
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0017| (3) may set apart out of the property or
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0018| income of the respective parties such portion for the
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0019| maintenance and education of [the]:
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0020| (a) their unemancipated minor children
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0021| as may seem just and proper; [and] or
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0022| (b) their children until the children's
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0023| graduation from high school if the children are emancipated
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0024| only by age, are under nineteen and are attending high school;
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0025| and
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0001| (4) may make such an order for the
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0002| guardianship, care, custody, maintenance and education of the
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0003| minor children, or with reference to the control of the
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0004| property of the respective parties to the proceeding, or with
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0005| reference to the control of the property decreed or fund
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0006| created by the court for the maintenance and education of the
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0007| minor children, as may seem just and proper.
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0008| C. The court may order and enforce the payment of
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0009| support for the maintenance and education after high school of
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0010| emancipated children of the marriage pursuant to a written
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0011| agreement between the parties.
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0012| [C.] D. An award of spousal support made
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0013| pursuant to the provisions of Subparagraph (a), (b), (c) or (d)
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0014| of Paragraph (1) of Subsection B of this section shall
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0015| terminate upon the death of the receiving spouse, unless the
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0016| court order of spousal support provides otherwise.
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0017| [D.] E. When making determinations concerning
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0018| spousal support to be awarded pursuant to the provisions of
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0019| Paragraph (1) or (2) of Subsection B of this section, the court
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0020| shall consider:
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0021| (1) the age and health of and the means of
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0022| support for the respective spouses;
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0023| (2) the current and future earnings and the
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0024| earning capacity of the respective spouses;
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0025| (3) the good-faith efforts of the respective
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0001| spouses to maintain employment or to become self-supporting;
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0002| (4) the reasonable needs of the respective
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0003| spouses, including:
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0004| (a) the standard of living of the
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0005| respective spouses during the term of the marriage;
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0006| (b) the maintenance of medical insurance
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0007| for the respective spouses; and
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0008| (c) the appropriateness of life
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0009| insurance, including its availability and cost, insuring the
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0010| life of the person who is to pay support to secure the
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0011| payments, with any life insurance proceeds paid on the death of
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0012| the paying spouse to be in lieu of further support;
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0013| (5) the duration of the marriage;
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0014| (6) the amount of the property awarded or
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0015| confirmed to the respective spouses;
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0016| (7) the type and nature of the respective
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0017| spouses' assets; provided that potential proceeds from the sale
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0018| of property by either spouse shall not be considered by the
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0019| court, unless required by exceptional circumstances and the
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0020| need to be fair to the parties;
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0021| (8) the type and nature of the respective
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0022| spouses' liabilities;
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0023| (9) income produced by property owned by the
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0024| respective spouses; and
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0025| (10) agreements entered into by the spouses in
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0001| contemplation of the dissolution of marriage or legal
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0002| separation.
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0003| [E.] F. The court shall retain jurisdiction
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0004| over proceedings involving periodic spousal support payments
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0005| when the parties have been married for twenty years or more
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0006| prior to the dissolution of the marriage, unless the court
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0007| order or decree specifically provides that no spousal support
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0008| shall be awarded.
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0009| [F.] G. The court may modify and change any
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0010| order or agreement merged into an order in respect to the
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0011| guardianship, care, custody, maintenance or education of the
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0012| children whenever circumstances render such change proper. The
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0013| district court shall have exclusive jurisdiction of all matters
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0014| pertaining to the guardianship, care, custody, maintenance and
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0015| education of the children [so long as the children remain
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0016| minors] until the parents' obligation of support for their
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0017| children terminates. The district court shall also have
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0018| exclusive, continuing jurisdiction with reference to the
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0019| property decreed or funds created for the children's
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0020| maintenance and education."
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0021|
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0022|
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0023| FORTY-THIRD LEGISLATURE
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| March 3, 1997
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0003|
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0004| Mr. President:
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0005|
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0006| Your JUDICIARY COMMITTEE, to whom has been referred
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0007|
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0008| SENATE BILL 882
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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| Fernando R. Macias, Chairman
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0020|
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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|
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0004| Date ________________________
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0005|
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0006|
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0007| The roll call vote was 8 For 0 Against
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0008| Yes: 8
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0009| No: None
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0010| Excused: 0
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0011| Absent: None
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0012|
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0013|
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0014| S0882JU1
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0015| State of New Mexico
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0016| House of Representatives
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0017|
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0018| FORTY-THIRD LEGISLATURE
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0019| FIRST SESSION, 1997
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0020|
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0021|
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0022| March 15, 1997
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your JUDICIARY COMMITTEE, to whom has been referred
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0003|
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0004| SENATE BILL 882
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0005|
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0006| has had it under consideration and reports same with
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0007| recommendation that it DO PASS.
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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| Thomas P. Foy, Chairman
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0015|
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 8 For 0 Against
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0024| Yes: 8
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0025| Excused: King, Luna, Mallory, Rios, Sanchez
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0001| Absent: None
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0002|
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0003|
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0004| G:\BILLTEXT\BILLW_97\S0882 State of New Mexico
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0005| House of Representatives
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0006|
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0007| FORTY-THIRD LEGISLATURE
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0008| FIRST SESSION, 1997
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0009|
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0010|
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0011| March 15, 1997
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0012|
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0013|
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0014| Mr. Speaker:
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0015|
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0016| Your JUDICIARY COMMITTEE, to whom has been referred
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0017|
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0018| SENATE BILL 882
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0019|
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0020| has had it under consideration and reports same with
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0021| recommendation that it DO PASS.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003| Thomas P. Foy, Chairman
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0004|
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0005|
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0006| Adopted Not Adopted
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0007|
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010| Date
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0011|
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0012| The roll call vote was 8 For 0 Against
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0013| Yes: 8
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0014| Excused: King, Luna, Mallory, Rios, Sanchez
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0015| Absent: None
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0016|
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0017|
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0018| G:\BILLTEXT\BILLW_97\S0882
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