0001| HOUSE BILL 415
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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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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO MOTOR VEHICLES; AUTHORIZING THE USE OF CONVICTIONS
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0013| FROM OTHER JURISDICTIONS FOR DRIVING WHILE UNDER THE INFLUENCE
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0014| OF INTOXICATING LIQUOR OR DRUGS AS PRIOR CONVICTIONS; AMENDING A
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0015| SECTION OF THE MOTOR VEHICLE CODE.
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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 66-8-102 NMSA 1978 (being Laws 1953,
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0019| Chapter 139, Section 54, as amended) is amended to read:
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0020| "66-8-102. PERSONS UNDER INFLUENCE OF INTOXICATING LIQUOR
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0021| OR DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF
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0022| INTOXICATING LIQUOR OR DRUGS--PENALTY.--
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0023| A. It is unlawful for any person who is under the
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0024| influence of intoxicating liquor to drive any vehicle within
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0025| this state.
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0001| B. It is unlawful for any person who is under the
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0002| influence of any drug to a degree that renders him incapable of
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0003| safely driving a vehicle to drive any vehicle within this state.
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0004| C. It is unlawful for any person who has an alcohol
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0005| concentration of eight one-hundredths or more in his blood or
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0006| breath to drive any vehicle within this state.
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0007| D. Aggravated driving while under the influence of
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0008| intoxicating liquor or drugs consists of a person who:
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0009| (1) has an alcohol concentration of sixteen
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0010| one-hundredths or more in his blood or breath while driving any
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0011| vehicle within this state;
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0012| (2) has caused bodily injury to a human being
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0013| as a result of the unlawful operation of a motor vehicle while
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0014| driving under the influence of intoxicating liquor or drugs; or
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0015| (3) refused to submit to chemical testing, as
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0016| provided for in the Implied Consent Act, and in the judgment of
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0017| the court, based upon evidence of intoxication presented to the
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0018| court, the person was under the influence of intoxicating liquor
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0019| or drugs.
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0020| E. Every person under first conviction under this
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0021| section shall be punished, notwithstanding the provisions of
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0022| Section 31-18-13 NMSA 1978, by imprisonment for not more than
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0023| ninety days or by a fine of not more than five hundred dollars
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0024| ($500), or both; provided that if the sentence is suspended in
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0025| whole or in part or deferred, the period of probation may extend
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0001| beyond ninety days but shall not exceed one year. Upon a first
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0002| conviction under this section, an offender may be sentenced to
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0003| not less than forty-eight hours of community service or a fine
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0004| of three hundred dollars ($300). The offender shall be ordered
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0005| by the court to attend a driver rehabilitation program for
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0006| alcohol or drugs, also known as a "DWI school", approved by the
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0007| traffic safety bureau of the state highway and transportation
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0008| department and also may be required to participate in other
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0009| rehabilitative services as the court shall determine to be
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0010| necessary. In addition to those penalties, when an offender
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0011| commits aggravated driving while under the influence of
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0012| intoxicating liquor or drugs, the offender shall be sentenced to
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0013| not less than forty-eight consecutive hours in jail. If an
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0014| offender fails to complete, within a time specified by the
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0015| court, any community service, screening program, treatment
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0016| program or DWI school ordered by the court, the offender shall
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0017| be sentenced to not less than an additional forty-eight
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0018| consecutive hours in jail. Any jail sentence imposed under this
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0019| subsection for failure to complete, within a time specified by
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0020| the court, any community service, screening program, treatment
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0021| program or DWI school ordered by the court or for aggravated
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0022| driving while under the influence of intoxicating liquor or
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0023| drugs shall not be suspended, deferred or taken under
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0024| advisement. On a first conviction under this section, any time
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0025| spent in jail for the offense prior to the conviction for that
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0001| offense shall be credited to any term of imprisonment fixed by
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0002| the court. A deferred sentence under this subsection shall be
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0003| considered a first conviction for the purpose of determining
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0004| subsequent convictions.
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0005| F. A second or third conviction under this section
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0006| shall be punished, notwithstanding the provisions of Section
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0007| 31-18-13 NMSA 1978, by imprisonment for not more than three
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0008| hundred sixty-four days or by a fine of not more than one
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0009| thousand dollars ($1,000), or both; provided that if the
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0010| sentence is suspended in whole or in part, the period of
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0011| probation may extend beyond one year but shall not exceed five
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0012| years. Notwithstanding any provision of law to the contrary for
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0013| suspension or deferment of execution of a sentence:
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0014| (1) upon a second conviction, each offender
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0015| shall be sentenced to a jail term of not less than seventy-two
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0016| consecutive hours, forty-eight hours of community service and a
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0017| fine of five hundred dollars ($500). In addition to those
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0018| penalties, when an offender commits aggravated driving while
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0019| under the influence of intoxicating liquor or drugs, the
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0020| offender shall be sentenced to a jail term of not less than
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0021| ninety-six consecutive hours. If an offender fails to complete,
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0022| within a time specified by the court, any community service,
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0023| screening program or treatment program ordered by the court, the
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0024| offender shall be sentenced to not less than an additional seven
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0025| consecutive days in jail. A penalty imposed pursuant to this
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0001| paragraph shall not be suspended or deferred or taken under
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0002| advisement; and
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0003| (2) upon a third conviction, an offender shall
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0004| be sentenced to a jail term of not less than thirty consecutive
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0005| days and a fine of seven hundred fifty dollars ($750). In
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0006| addition to those penalties, when an offender commits aggravated
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0007| driving while under the influence of intoxicating liquor or
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0008| drugs, the offender shall be sentenced to a jail term of not
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0009| less than sixty consecutive days. If an offender fails to
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0010| complete, within a time specified by the court, any screening
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0011| program or treatment program ordered by the court, the offender
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0012| shall be sentenced to not less than an additional sixty
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0013| consecutive days in jail. A penalty imposed pursuant to this
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0014| paragraph shall not be suspended or deferred or taken under
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0015| advisement.
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0016| G. Upon a fourth or subsequent conviction under this
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0017| section, an offender is guilty of a fourth degree felony, as
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0018| provided in Section 31-18-15 NMSA 1978, and shall be sentenced
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0019| to a jail term of not less than six months, which shall not be
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0020| suspended or deferred or taken under advisement.
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0021| H. Upon any conviction under this section, an
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0022| offender shall be required to participate in and complete,
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0023| within a time specified by the court, an alcohol or drug abuse
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0024| screening program and if necessary, a treatment program approved
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0025| by the court.
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0001| I. In the case of a first, second or third offense
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0002| under this section, the magistrate court has concurrent
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0003| jurisdiction with district courts to try the offender.
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0004| J. A conviction under a municipal or county
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0005| ordinance in New Mexico or a law of any other jurisdiction,
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0006| territory or possession of the United States prescribing
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0007| penalties for driving while under the influence of intoxicating
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0008| liquor or drugs shall be deemed to be a conviction under this
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0009| section for purposes of determining whether a conviction is a
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0010| second or subsequent conviction.
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0011| K. In addition to any other fine or fee which may be
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0012| imposed pursuant to the conviction or other disposition of the
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0013| offense under this section, the court may order the offender to
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0014| pay the costs of any court-ordered screening and treatment
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0015| programs.
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0016| L. As used in this section:
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0017| (1) "bodily injury" means an injury to a person
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0018| that is not likely to cause death or great bodily harm to the
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0019| person, but does cause painful temporary disfigurement or
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0020| temporary loss or impairment of the functions of any member or
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0021| organ of the person's body; and
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0022| (2) "conviction" means an adjudication of guilt
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0023| and does not include imposition of a sentence."
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0024| Section 2. EFFECTIVE DATE.--The effective date of the
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0025| provisions of this act is July 1, 1996.
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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 5, 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 415
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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 & 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| Cisco McSorley, Chairman
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0002|
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0003|
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0004| Adopted Not Adopted
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0005|
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008| Date
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0009|
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0010| The roll call vote was 8 For 0 Against
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0011| Yes: 8
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0012| Excused: Baca, King, Sanchez, R.G., Stewart, McSorley
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0013| Absent: None
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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| HO415JC1 State of New Mexico
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0019| House of Representatives
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0020|
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0021| FORTY-SECOND LEGISLATURE
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0022| SECOND SESSION, 1996
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0023|
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0024|
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0025| February 7, 1996
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0001|
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0002|
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0003| Mr. Speaker:
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0004|
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0005| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0006| whom has been referred
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0007|
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0008| HOUSE BILL 415
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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| Max Coll, Chairman
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0019|
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0020|
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0021| Adopted Not Adopted
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0022|
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025| Date
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0001|
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0002| The roll call vote was 13 For 0 Against
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0003| Yes: 13
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0004| Excused: Bird, Buffett, Coll, Martinez, Watchman
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0005| Absent: None
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0006|
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0007|
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0008|
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0009| H0415AF1
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0010|
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0011| FORTY-SECOND LEGISLATURE
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0012| SECOND SESSION, 1996
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0013|
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0014|
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0015| February 12, 1996
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0016|
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0017| Mr. President:
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0018|
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0019| Your JUDICIARY COMMITTEE, to whom has been referred
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0020|
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0021| HOUSE BILL 415
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0022|
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0023| has had it under consideration and reports same with
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0024| recommendation that it DO PASS, and thence referred to the
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0025| FINANCE COMMITTEE.
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0001|
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0002| Respectfully submitted,
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0003|
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0004|
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0005|
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0006| __________________________________
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0007| Janice D. Paster, Chairman
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0008|
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0009|
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0010|
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0011| Adopted_______________________ Not Adopted_______________________
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014|
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0015| Date ________________________
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0016|
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0017|
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0018| The roll call vote was 6 For 0 Against
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0019| Yes: 6
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0020| No: 0
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0021| Excused: None
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0022| Absent: Carraro, Sanchez, Tsosie
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0023|
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0024|
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0025| H0415JU1
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0001|
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0002|
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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 14, 1996
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0009|
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0010| Mr. President:
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0011|
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0012| Your FINANCE COMMITTEE, to whom has been referred
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0013|
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0014| HOUSE BILL 415
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS.
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0018|
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0019| Respectfully submitted,
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0020|
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0021|
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0022|
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0023| __________________________________
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0024| Ben D. Altamirano, Chairman
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0025|
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0001|
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0002|
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0003| Adopted_______________________ Not Adopted_______________________
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006|
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0007|
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0008| Date ________________________
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0009|
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0010|
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0011| The roll call vote was 8 For 0 Against
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0012| Yes: 8
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0013| No: 0
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0014| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar
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0015| Absent: None
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0016|
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0017|
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0018| H0415FC1
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0019|
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