0001|                         HOUSE BILL 782
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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|                   RICHARD T. (DICK) KNOWLES
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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|     
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0011|                             AN ACT
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0012|     RELATING TO EDUCATION; AMENDING A SECTION OF THE PUBLIC SCHOOL
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0013|     CODE PERTAINING TO THE DUTIES OF THE STATE BOARD OF EDUCATION.
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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 22-2-2 NMSA 1978 (being Laws 1967,
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0017|     Chapter 16, Section 5, as amended) is amended to read:
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0018|       "22-2-2.  STATE BOARD--DUTIES.--Without limiting those
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0019|     powers granted to the state board pursuant to Section 22-2-1
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0020|     NMSA 1978, the state board shall perform the following duties:
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0021|            A.  properly and uniformly enforce the provisions of
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0022|     the Public School Code;
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0023|            B.  determine policy for the operation of all public
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0024|     schools and vocational education programs in the state;
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0025|            C.  appoint a state superintendent;
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0001|            D.  purchase and loan instructional material to
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0002|     students pursuant to the Instructional Material Law and adopt
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0003|     regulations relating to the use and operation of instructional
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0004|     material depositories in the instructional material distribution
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0005|     process;
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0006|            E.  designate courses of instruction to be taught in
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0007|     all public schools in the state;
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0008|            F.  assess and evaluate all state institutions and
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0009|     those private schools that desire state accreditation;
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0010|            G.  determine the qualifications for and issue a
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0011|     certificate to any person teaching, assisting teachers,
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0012|     supervising an instructional program, counseling, providing
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0013|     special instructional services or administering in public
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0014|     schools, according to law and according to a system of
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0015|     classification adopted and published by the state board;
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0016|            H.  suspend or revoke a certificate held by a
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0017|     certified school instructor or certified school administrator,
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0018|     according to law, for incompetency, immorality or for any other
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0019|     good and just cause;
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0020|            I.  make full and complete reports on consolidation
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0021|     of school districts to the legislature;
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0022|            J.  prescribe courses of instruction, requirements
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0023|     for graduation and standards for all public schools, for private
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0024|     schools seeking state accreditation and for the educational
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0025|     programs conducted in state institutions <u>other than New Mexico
</u>    |
<u></u>0001| <u>    military institute</u>;
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0002|            K.  adopt regulations for the administration of all
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0003|     public schools and bylaws for its own administration;
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0004|            L.  require periodic reports on forms prescribed by
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0005|     it from all public schools and attendance reports from private
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0006|     schools;
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0007|            M.  authorize adult educational programs to be
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0008|     conducted in schools under its jurisdiction and promulgate and
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0009|     publish regulations governing all such adult educational
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0010|     programs;
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0011|            N.  require any school under its jurisdiction that
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0012|     sponsors athletic programs involving sports to mandate that the
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0013|     participating student obtain catastrophic health and accident
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0014|     insurance coverage, such coverage to be offered through the
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0015|     school and issued by an insurance company duly licensed pursuant
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0016|     to the laws of New Mexico;
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0017|            O.  require all accrediting agencies for public
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0018|     schools in the state to act with its approval;
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0019|            P.  accept and receive all grants of money from the
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0020|     federal government or any other agency for public school
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0021|     purposes and disburse the money in the manner and for the
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0022|     purpose specified in the grant;
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0023|            Q.  require prior approval for any educational
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0024|     program in a public school that is to be conducted, sponsored,
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0025|     carried on or caused to be carried on by a private organization
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0001|     or agency;
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0002|            R.  approve or disapprove all rules or regulations
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0003|     promulgated by any association or organization attempting to
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0004|     regulate any public school activity and invalidate any rule or
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0005|     regulation in conflict with any regulation promulgated by the
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0006|     state board.  The state board may require performance and
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0007|     financial audits of any association or organization attempting
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0008|     to regulate any public school activity.  The state board shall
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0009|     have no power or control over the rules or regulations or the
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0010|     bylaws governing the administration of the internal organization
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0011|     of the association or organization;
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0012|            S.  review decisions made by the governing board or
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0013|     officials of any organization or association regulating any
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0014|     public school activity, and any decision of the state board
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0015|     shall be final in respect thereto;
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0016|            T.  accept or reject any charitable gift, grant,
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0017|     devise or bequest.  The particular gift, grant, devise or
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0018|     bequest accepted shall be considered an asset of the state;
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0019|            U.  establish and maintain regional centers, at its
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0020|     discretion, for conducting cooperative services between public
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0021|     schools and school districts within and among those regions and
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0022|     to facilitate regulation and evaluation of school programs;
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0023|            V.  assess and evaluate for accreditation purposes at
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0024|     least one-third of all public schools each year through visits
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0025|     by department of education personnel to investigate the adequacy
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0001|     of pupil gain in standard required subject matter, adequacy of
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0002|     pupil activities, functional feasibility of public school and
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0003|     school district organization, adequacy of staff preparation and
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0004|     other matters bearing upon the education of the students;
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0005|            W.  provide for management and other necessary
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0006|     personnel to operate any public school or school district that
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0007|     has failed to meet requirements of law, state board standards or
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0008|     state board regulations; provided that the operation of the
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0009|     public school or school district shall not include any
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0010|     consolidation or reorganization without the approval of the
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0011|     local board of that school district.  Until such time as
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0012|     requirements of law, standards or regulations have been met and
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0013|     compliance is assured, the powers and duties of the local school
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0014|     board shall be suspended; 
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0015|            X.  establish and implement a plan that provides for
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0016|     technical assistance to local school boards through workshops
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0017|     and other in-service training methods; provided, however, that
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0018|     no plan shall require mandatory attendance by any member of a
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0019|     local school board;
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0020|            Y.  submit a plan applying for funds available under
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0021|     Public Law 94-142 and disburse these funds in the manner and for
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0022|     the purposes specified in the plan; and
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0023|            Z.  enforce requirements for home schools.  Upon
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0024|     finding that a home school is not in compliance with law, the
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0025|     state board shall have authority to order that a student attend
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0001|         a public school or a private school."                     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 14, 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 EDUCATION COMMITTEE, to whom has been referred
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0014|   
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0015|                        HOUSE BILL 782
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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.
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0019|   
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0020|                                Respectfully submitted,
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0021|   
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0022|   
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0023|   
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0024|                                <u>                                 
</u>    |
<u></u>0025| <u>  </u>                            Samuel F. Vigil, Chairman
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0001|   
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0002|   
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0003|   Adopted <u>                    </u>    Not Adopted <u>                     
</u>    |
<u></u>0004| <u>  </u>
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0005|            (Chief Clerk)                       (Chief Clerk)
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0006|   
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0007|                      Date <u>            </u>
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0008|   
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0009|   The roll call vote was<u> 9 </u> For<u> 0 </u> Against
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0010|   Yes:          9
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0011|   Excused: Trujillo, Weeks, SM Williams
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0012|   Absent:  None
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0013|   
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0014|   
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0015|     H0782EC1
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0016|   
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0017|                    FORTY-SECOND LEGISLATURE
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0018|                      SECOND SESSION, 1996
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0019|   
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0020|   
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0021|                                             February 14, 1996
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0022|   
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0023|   Mr. President:
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0024|   
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0025|     Your EDUCATION COMMITTEE, to whom has been referred
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0001|   
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0002|                         HOUSE BILL 782
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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.
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0006|   
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0007|                              Respectfully submitted,
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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|                              Carlos R. Cisneros, Chairman 
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0013|   
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0014|   
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0015|   
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0016|   Adopted_______________________ Not Adopted_______________________
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0017|             (Chief Clerk)                          (Chief Clerk)
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0018|   
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0019|   
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0020|   
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0021|                     Date ________________________
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0022|   
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0023|   
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0024|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
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0025|   Yes:  6
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0001|   No:        0
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0002|   Excused:   Carraro, Duran, Lyons, Scott
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0003|   Absent:    None
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0004|   
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0005|   
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0006|   H0782ED1
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0007|   
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