0001| HOUSE BILL 117
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| CISCO MCSORLEY
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0006|
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0007|
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0008|
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0009| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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0010|
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0011| AN ACT
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0012| RELATING TO CORRECTIONAL FACILITIES; ELIMINATING THE
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0013| AUTHORIZATIONS AND FINANCING FOR CERTAIN CORRECTIONAL
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0014| FACILITIES; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978 AND
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0015| LAWS 1995.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 33-1-17 NMSA 1978 (being Laws 1985,
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0019| Chapter 149, Section 1, as amended) is amended to read:
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0020| "33-1-17. PRIVATE CONTRACT.--
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0021| A. The corrections department may contract for the
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0022| operation of any adult female facility or for housing adult
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0023| female inmates in a private facility with a person or entity in
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0024| the business of providing correctional or jail services to
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0025| government entities.
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0001| B. The corrections department may contract with a
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0002| person or entity in the business of providing correctional or
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0003| jail services to government entities for:
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0004| [(1) a correctional facility in Guadalupe
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county of not less than five hundred fifty and not more than two
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thousand two hundred beds;
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(2) a correctional facility in Lea, Chaves or
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Santa Fe county of not less than one thousand two hundred and
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not more than two thousand two hundred beds;
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(3)] (1) design and construction of a
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0011| support services building, a laundry and an infirmary at the
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0012| penitentiary of New Mexico in Santa Fe; or
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0013| [(4)] (2) construction of a public facility
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0014| to house a special incarceration alternative program for adult
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0015| male and adult female felony offenders.
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0016| [C. The authorization in Subsection B of this
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section for a correctional facility in Guadalupe county and a
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correctional facility in Lea, Chaves or Santa Fe county is
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contingent upon construction of both facilities, so that one of
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the facilities shall not be constructed unless both of the
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facilities are constructed, as nearly as practicable,
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simultaneously.
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D.] C. The corrections department shall solicit
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0024| proposals and award any contract under this section in
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0025| accordance with the provisions of the Procurement Code. The
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0001| contract shall include such terms and conditions as the
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0002| corrections department may require after consultation with the
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0003| general services department; provided that the terms and
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0004| conditions shall include provisions:
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0005| (1) setting forth comprehensive standards for
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0006| conditions of incarceration;
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0007| (2) that the contractor assumes all liability
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0008| caused by or arising out of all aspects of the provision or
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0009| operation of the facility;
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0010| (3) for liability insurance or other proof of
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0011| financial responsibility acceptable to the general services
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0012| department covering the contractor and its officers, employees
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0013| and agents in an amount sufficient to cover all liability caused
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0014| by or arising out of all aspects of the provision or operation
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0015| of the facility;
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0016| (4) for termination for cause upon ninety days'
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0017| notice to the contractor for failure to meet contract provisions
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0018| when such failure seriously affects the availability or
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0019| operation of the facility;
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0020| (5) that venue for the enforcement of the
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0021| contract shall be in the district court for Santa Fe county;
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0022| (6) that continuation of the contract is
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0023| subject to the availability of funds; and
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0024| (7) that compliance with the contract shall be
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0025| monitored by the corrections department and the contract may be
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0001| terminated for noncompliance.
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0002| [E.] D. When the contractor begins operation of
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0003| a facility for which private contractor operation is authorized,
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0004| his employees performing the functions of correctional officers
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0005| shall be deemed correctional officers for the purposes of
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0006| Sections 33-1-10 and 33-1-11 NMSA 1978 but for no other purpose
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0007| of state law, unless specifically stated.
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0008| [F.] E. Any contract awarded pursuant to this
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0009| section may include terms to provide for the renovation of the
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0010| facility or for the construction of new buildings. Work
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0011| performed pursuant to such terms and conditions shall not be
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0012| considered a capital project as defined in Section 15-3-23.3
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0013| NMSA 1978 or a state public works project as defined in Section
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0014| 13-1-91 NMSA 1978 nor shall it be subject to the requirements of
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0015| Section 13-1-150 NMSA 1978 or of the Capital Program Act, review
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0016| by the staff architect of the property control division of the
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0017| general services department pursuant to Section 15-3-20 NMSA
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0018| 1978 or regulation by the director of that division pursuant to
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0019| Section 15-3-11 NMSA 1978.
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0020| [G.] F. Any contract entered into by the
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0021| corrections department with a private contractor to operate an
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0022| existing facility shall include a provision securing the right
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0023| of all persons employed by that facility prior to the effective
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0024| date of that contract to be employed by that contractor in any
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0025| position for which they qualify before that position is offered
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0001| to any person not employed by that facility prior to that date."
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0002|
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0003| Section 2. Section 33-1-18 NMSA 1978 (being Laws 1990
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0004| (1st. S.S.), Chapter 5, Section 1, as amended) is amended to
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0005| read:
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0006| "33-1-18. [FUNDS] FUND CREATED.--[There are created
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in the state treasury special funds to be known as] The
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0008| "corrections department building fund" [the "Guadalupe county
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prison fund" and the "New Mexico prison fund"] is created in
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0010| the state treasury. The [funds shall consist] fund
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0011| consists of money appropriated by the legislature, from year to
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0012| year, from the income of the permanent fund and land income of
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0013| which the penitentiary of New Mexico is the beneficiary [and
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any other revenues that are appropriated to the funds, other
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than revenues derived from property taxes or general fund
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revenues. Income from investment of each special fund created
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by this section shall be credited to that fund]. No other
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0018| funds of the state shall be deposited or paid into the
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0019| corrections department building fund."
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0020| Section 3. Section 33-1-19 NMSA 1978 (being Laws 1990
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0021| (1st. S.S.), Chapter 5, Section 2, as amended by Laws 1995,
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0022| Chapter 43, Section 1 and also by Laws 1995, Chapter 215,
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0023| Section 4) is amended to read:
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0024| "33-1-19. USE OF FUNDS.--[A.] The [funds created in or
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pursuant to Section 33-1-18 NMSA 1978] corrections department
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0001| building fund shall be used by the corrections department [or
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the board of finance] solely for the purpose of acquiring
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0003| [designing, constructing or equipping] by lease [or lease-purchase, or by financing the ownership by the corrections
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department through the issuance of bonds or other obligations by
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the corrections department or the board of finance] or other
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0006| means a corrections department central office complex, a
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0007| personnel training academy, a special incarceration alternative
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0008| facility, [correctional facilities] a support services
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0009| building, a laundry and an infirmary at the penitentiary of New
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0010| Mexico in Santa Fe or any combination of these facilities [and
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for paying the expenses relating to the lease, lease-purchase or
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financing of these facilities. Before any of the funds created
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in Section 33-1-18 NMSA 1978 may be used for any such purpose,
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the state board of finance shall approve the proposed facility
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and the proposed use of the funds.
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B. The funds created in or pursuant to Section
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33-1-18 NMSA 1978 shall be used so that available appropriations
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are devoted to the following projects:
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(1) payment for the corrections department
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central office complex;
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(2) a correctional facility in Guadalupe county
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of not less than five hundred fifty and not more than two
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thousand two hundred beds;
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(3) a correctional facility in Lea, Chaves or
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Santa Fe county of not less than one thousand two hundred and
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not more than two thousand two hundred beds; and
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(4) design and construction of a support
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services building, a laundry and an infirmary at the
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penitentiary of New Mexico in Santa Fe.
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C. The use of funds designated in Subsection B of
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this section for a correctional facility in Guadalupe county and
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a correctional facility in Lea, Chaves or Santa Fe county is
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contingent upon construction of both facilities, so that one of
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the facilities shall not be constructed unless both of the
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facilities are constructed, as nearly as possible,
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simultaneously.
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D. Any balance at the end of any fiscal year in the
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special funds created in Section 33-1-18 NMSA 1978 that are not
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needed to pay leases, loans, bonds or other financing
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instruments in that fiscal year may be appropriated by the
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legislature for expenditure in succeeding fiscal years by the
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corrections department for corrections purposes]. No other
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0018| funds from any source whatsoever shall be used for the
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0019| acquisition of such facilities."
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0020| Section 4. REPEAL.--
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0021| A. Section 7-27-5.22 NMSA 1978 (being Laws 1995,
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0022| Chapter 215, Section 2) is repealed.
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0023| B. Laws 1995, Chapter 214, Sections 2 and 3 are
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0024| repealed.
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0025| -7-
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0001| State of New Mexico
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0002| House of Representatives
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0003|
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0004| FORTY-SECOND LEGISLATURE
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0005| SECOND SESSION, 1996
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0006|
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0007|
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0008| February 2, 1996
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0009|
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0010|
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0011| Mr. Speaker:
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0012|
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0013| Your JUDICIARY COMMITTEE, to whom has been referred
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0014|
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0015| HOUSE BILL 117
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO PASS, and thence referred to the
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0019| APPROPRIATIONS AND FINANCE COMMITTEE.
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0020|
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0021| Respectfully submitted,
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0022|
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0023|
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0024|
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0025|
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0001| R. David Pederson, Vice Chairman
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0002|
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0003|
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0004| Adopted Not Adopted
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0005| (Chief Clerk) (Chief Clerk)
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0006|
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0007| Date
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0008|
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0009| The roll call vote was 11 For 0 Against
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0010| Yes: 11
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0011| Excused: Perls, Sanchez, R.G.
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0012| Absent: None
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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| H0117JC1
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