0001| SENATE BILL 684
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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| MANNY M. ARAGON
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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 GAMING; ESTABLISHING PROCEDURES FOR NEGOTIATION,
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0013| APPROVAL AND EXECUTION OF GAMING COMPACTS BETWEEN THE STATE AND
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0014| INDIAN TRIBES; DECLARING AN EMERGENCY.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. SHORT TITLE.--This act may be cited as the
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0018| "Gaming Compact Act".
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0019| Section 2. DEFINITIONS.--As used in the Gaming Compact
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0020| Act:
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0021| A. "committee" means the joint legislative committee
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0022| on compacts created pursuant to Section 4 of the Gaming Compact
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0023| Act;
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0024| B. "compact" means a tribal-state gaming compact
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0025| entered into between a tribe and the state pursuant to IGRA and
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0001| includes an ancillary agreement or proposed ancillary agreement
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0002| related to that compact;
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0003| C. "gaming" means "class III gaming" as defined in
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0004| IGRA;
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0005| D. "IGRA" means the federal Indian Gaming Regulatory
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0006| Act (25 U.S.C.A. Sections 2701 et seq.); and
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0007| E. "tribe" means an Indian nation, tribe or pueblo
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0008| located in whole or in part within the state.
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0009| Section 3. COMPACTS--NEGOTIATION--SUBMISSION TO
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0010| LEGISLATURE BY GOVERNOR--APPROVAL OR REJECTION--ATTORNEY GENERAL
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0011| AS LEGAL COUNSEL--COMPACT PROVISIONS--REPORT OF GOVERNOR TO
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0012| LEGISLATURE.--
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0013| A. A request by a tribe to negotiate a compact shall
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0014| be made by the governing authority of the tribe and shall be
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0015| submitted to the governor in writing.
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0016| B. The governor may designate a representative to
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0017| negotiate the terms of a compact. The designation shall be
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0018| written, and a copy of the designation shall be delivered or
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0019| mailed within three days of the designation to the attorney
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0020| general, the speaker of the house of representatives and the
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0021| president pro tempore of the senate. The designated
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0022| representative of the governor is authorized to negotiate the
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0023| terms of a compact on behalf of the state, but neither the
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0024| representative nor the governor is authorized to execute a
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0025| compact on behalf of the state without legislative approval
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0001| granted pursuant to the provisions of this section.
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0002| C. If a proposed compact is agreed upon through
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0003| negotiations, it shall be prepared and submitted by the governor
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0004| to the committee within five days of the conclusion of
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0005| negotiations. The governor shall include in his submittal
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0006| document his recommendation for approval of the proposed compact
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0007| and any comments about or analysis of its provisions. Submittal
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0008| of a proposed compact occurs when the compact and the submittal
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0009| document are received for the committee by the legislative
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0010| council service.
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0011| D. The committee shall review the proposed compact
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0012| and within thirty days after its receipt shall:
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0013| (1) by written report to the legislature
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0014| recommend approval of the compact as proposed; or
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0015| (2) by written transmittal document propose
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0016| specific modifications to the compact and request the governor
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0017| to resume negotiations with the tribe.
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0018| E. If the committee proposes specific modifications
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0019| to the proposed compact, the governor or his designated
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0020| representative shall resume negotiations with the tribe within
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0021| thirty days of receipt of the transmittal document unless within
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0022| that time period either the governor or the tribe refuses to
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0023| negotiate further, in which case the governor shall notify the
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0024| committee immediately. If negotiations are resumed, the
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0025| governor shall submit to the committee the modified proposed
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0001| compact agreed to by the governor and the tribe, together with
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0002| any additional analysis or recommendations. The approval
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0003| process described in this section for the originally submitted
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0004| proposed compact shall be followed for consideration of a
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0005| proposed modified compact, except that the time limitation for
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0006| review by the committee specified in Subsection D of this
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0007| section is reduced to ten days.
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0008| F. Within five days of being notified that further
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0009| negotiations are refused, the committee shall reconsider the
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0010| proposed compact together with any changes agreed upon by the
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0011| negotiating parties and submit its written recommendation to the
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0012| legislature.
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0013| G. If the legislature is in session when the
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0014| committee submits its recommendation, the committee shall
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0015| prepare and introduce in each house a resolution approving the
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0016| compact within five days of the date the written recommendation
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0017| is submitted. A single resolution in each house may cover more
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0018| than one compact if the terms of the compacts are identical
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0019| except for the name of the tribe and the name of the person
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0020| executing the compact on behalf of the tribe. A copy of the
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0021| written recommendation shall be submitted with the resolution.
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0022| If a majority of the qualified members of each house votes to
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0023| adopt the resolution, the compact is approved by the
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0024| legislature, and the governor shall execute it on behalf of the
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0025| state.
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0001| H. If the legislature is not in session when the
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0002| recommendation of the committee is submitted, the committee
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0003| shall proceed pursuant to the provisions of Subsection G of this
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0004| section by no later than the third day after the legislature
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0005| convenes in a regular session or in a special session called for
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0006| the purpose of considering a compact.
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0007| I. The legislature may not amend or modify a
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0008| resolution submitted to it pursuant to the provisions of this
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0009| section, and it may not refer the resolution to a committee.
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0010| J. The attorney general shall be legal counsel for
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0011| the governor or the governor's representative in compact
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0012| negotiations.
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0013| K. A compact negotiated pursuant to the provisions
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0014| of this section shall contain a provision recognizing the right
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0015| of each party to the compact to request that the compact be
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0016| amended or renegotiated, including the right of the legislature
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0017| by concurrent resolution to request that the compact be amended
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0018| or renegotiated. This provision shall state that each party has
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0019| an obligation to negotiate in good faith if a request is made.
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0020| Proposed amendments to or renegotiation of a compact shall
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0021| follow the same procedures as specified in this section for
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0022| initial negotiation of a compact. Any amendment to a compact or
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0023| renegotiated compact agreed to shall be submitted for
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0024| legislative approval in the same manner as specified in
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0025| Subsection G of this section.
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0001| L. If a request for negotiation of a compact is made
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0002| and the proposed compact is identical to a compact previously
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0003| approved by the legislature except for the name of the
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0004| compacting tribe and the names of the persons to execute the
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0005| compact on behalf of the tribe and on behalf of the state, the
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0006| governor shall approve and sign the compact on behalf of the
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0007| state without submitting the compact for approval pursuant to
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0008| the provisions of this section. A compact signed by the
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0009| governor pursuant to this subsection is deemed approved by the
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0010| legislature.
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0011| Section 4. JOINT LEGISLATIVE COMMITTEE ON COMPACTS--CREATION--MEMBERSHIP--AUTHORITY.--
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0012| A. The "joint legislative committee on compacts" is
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0013| created. Once established it shall continue operating until
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0014| specific action is taken by the legislature to terminate its
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0015| existence.
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0016| B. The committee shall have eight members, four from
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0017| the house of representatives and four from the senate. House
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0018| members shall be appointed by the speaker of the house of
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0019| representatives, and senate members shall be appointed by the
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0020| committees' committee of the senate or, if the senate
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0021| appointments are made in the interim, by the president pro
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0022| tempore of the senate after consultation with and agreement of a
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0023| majority of the members of the committees' committee. Members
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0024| shall be appointed from each house to give the two major
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0025| political parties in each house equal representation on the
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0001| committee.
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0002| C. In addition to its duty to review proposed
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0003| compacts, the committee may establish and transmit to the
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0004| governor proposed guidelines reflecting the public policies and
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0005| state interests, as embodied in the constitution of New Mexico,
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0006| state laws and case law of the state, that are consistent with
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0007| IGRA and that will be used by the committee in reviewing
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0008| proposed compacts.
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0009| D. The president pro tempore of the senate shall
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0010| designate a senate member of the committee to be chairman of the
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0011| committee in odd-numbered years and the vice chairman in even-numbered years. The speaker of the house of representatives
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0012| shall designate a house member of the committee to be chairman
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0013| of the committee in even-numbered years and the vice chairman in
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0014| odd-numbered years.
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0015| E. The committee shall meet at the call of the
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0016| chairman.
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0017| F. The committee may meet during legislative
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0018| sessions as needed.
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0019| G. Staff services for the committee shall be
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0020| provided by the legislative council service.
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0021| Section 5. ACCESS TO DOCUMENTS--LIMITATION.--Reports,
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0022| records, data compilations, documents or other information
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0023| received by a state agency or office from a tribe or any of its
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0024| agencies, offices or enterprises pursuant to an approved compact
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0025| are public records of the state and may be inspected or copied
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0001| by the public, except that the following documents are
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0002| confidential and shall not be made available to the public
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0003| without the express consent of the tribe or except as is
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0004| otherwise provided in an approved compact:
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0005| A. reports containing results of background
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0006| investigations of individuals employed at tribal gaming
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0007| enterprises, vendors, contractors and management officials and
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0008| any other documents pertaining to those investigations;
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0009| B. documents showing income and expenses of tribal
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0010| gaming facilities;
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0011| C. documents pertaining to complaints or allegations
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0012| of violations of applicable laws or compact provisions and
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0013| investigations into those complaints or allegations;
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0014| D. documents pertaining to licensing of or
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0015| investigation into gaming devices and documents containing
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0016| proprietary information concerning the devices, including
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0017| information concerning payouts of individual gaming devices; and
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0018| E. documents pertaining to security and surveillance
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0019| systems, operations and procedures at gaming facilities.
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0020| Section 6. EMERGENCY.--It is necessary for the public
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0021| peace, health and safety that this act take effect immediately.
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0022| - 8 -
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0023|
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0024| FORTY-SECOND LEGISLATURE
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0025| SECOND SESSION, 1996
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0001|
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0002|
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0003| JANUARY 31, 1996
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0004|
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0005| Mr. President:
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0006|
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0007| Your COMMITTEES' COMMITTEE, to whom has been referred
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0008|
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0009| SENATE BILL 684
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0010|
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0011| has had it under consideration and finds same to be GERMANE, PURSUANT
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0012| TO CONSTITUTIONAL PROVISIONS, and thence referred to the SELECT
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0013| GAMING COMMITTEE.
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0014|
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0015| Respectfully submitted,
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0016|
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0017|
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0018|
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0019|
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0020| __________________________________
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0021| SENATOR MANNY M. ARAGON, Chairman
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0022|
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0023|
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0024|
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0025| Adopted_______________________ Not Adopted_______________________
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003|
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0004| Date ________________________
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0005|
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0006|
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0007|
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0008| S0684CC1 FORTY-SECOND LEGISLATURE
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0009| SECOND SESSION
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0010|
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0011|
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0012| February 12, 1996
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0013|
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0014|
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0015| SENATE FLOOR AMENDMENT number _______ to SENATE BILL 684
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0016|
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0017| Amendment sponsored by Senator Manny M. Aragon
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0018|
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0019|
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0020| 1. On page 2, line 20, between "The" and "designated", insert
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0021| "governor or the governor's".
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0022|
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0023| 2. On page 2, line 21, strike "of the governor".
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0024|
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0025| 3. On page 3, line 11, strike "thirty" and insert in lieu thereof
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0001| "forty-five".
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0002|
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0003| 4. On page 4, line 7, strike "five" and insert in lieu thereof
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0004| "ten".
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0005|
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0006| 5. On page 4, line 13, before "shall" insert ", within five days
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0007| of the date the written recommendation is submitted,".
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0008|
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0009| 6. On page 4, line 15, after "compact" insert a period, strike the
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0010| remainder of line 15 and on line 16, strike "is submitted.".
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0011|
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0012| 7. On page 5, line 16, strike "concurrent".
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0013|
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0014| 8. On page 6, strike all of line 13 following the period and
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0015| strike all of lines 14 and 15.
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0016|
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0017|
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0018| ____________________________
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0019| Manny M. Aragon
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0020|
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0021|
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0022| Adopted ___________________ Not Adopted _____________________
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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| FORTY-SECOND LEGISLATURE
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0002| SECOND SESSION
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0003|
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0004|
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0005| February 12, 1996
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0006|
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0007|
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0008| SENATE FLOOR AMENDMENT number _______ to SENATE BILL 684
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0009|
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0010| Amendment sponsored by Senator Roman M. Maes III
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0011|
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0012|
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0013| 1. On page 1, line 13, after the semicolon insert "LIMITING
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0014| SOLICITATION OR ACCEPTANCE OF CAMPAIGN CONTRIBUTIONS FROM GAMING
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0015| INTERESTS;".
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0016|
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0017| 2. On page 8, between lines 20 and 21, insert the following
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0018| section:
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0019|
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0020| "Section 6. A new section of the Campaign Reporting Act is enacted
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0021| to read:
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0022|
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0023| "[NEW MATERIAL] SOLICITING OR ACCEPTING CAMPAIGN CONTRIBUTIONS
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0024| FROM GAMING INTERESTS LIMITED.--No candidate shall solicit or accept a
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0025| campaign contribution in excess of two hundred fifty dollars ($250)
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0001| from:
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0002|
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0003| A. an Indian nation, tribe or pueblo that engages in gaming
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0004| or an officer, employee, member of a governing body or representative of
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0005| that Indian entity;
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0006|
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0007| B. a person who is a contractor that operates gaming
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0008| activities on behalf of an Indian nation, tribe or pueblo or an officer,
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0009| employee or representative of that person; or
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0010|
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0011| C. a person who is a manufacturer or distributor of gaming
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0012| devices for use by or on behalf of an Indian nation, tribe or pueblo
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0013| that engages in gaming in New Mexico."".
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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|
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0020| 3. Renumber the succeeding section.
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0021|
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0022| _________________________
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0023| Roman M. Maes III
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0024|
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0025| Adopted ___________________ Not Adopted _____________________
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003| Date _________________ FORTY-SECOND LEGISLATURE
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0004| SECOND SESSION, 1996
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0005|
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0006|
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0007|
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0008| December 17, 1997
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0009|
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0010|
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0011| SENATE FLOOR AMENDMENT number to SENATE BILL 684,
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0012| with emergency clause
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0013|
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0014| AMENDMENT sponsored by SENATOR DUNCAN SCOTT
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0015|
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0016| 1. On page 5, delete Subsection J in its entirety and reletter
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0017| accordingly.
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0018|
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0019|
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0020|
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0021|
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0022|
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0023| Senator Duncan Scott
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0024|
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0025|
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0001|
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0002| Adopted Not Adopted
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0003|
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006|
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0007| Date
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0008| S0684FS3 FORTY-SECOND LEGISLATURE
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0009| SECOND SESSION, 1996
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0010|
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0011|
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0012|
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0013| December 17, 1997
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0014|
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0015|
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0016| SENATE FLOOR AMENDMENT number to SENATE BILL 684,
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0017| with emergency clause
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0018|
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0019| AMENDMENT sponsored by SENATOR JANICE D. PASTER
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0020|
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0021| 1. On page 4, line 10, after "recommendation", insert "for
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0022| approval, if any,".
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0023|
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0024|
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0025|
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0001|
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0002|
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0003| Senator Janice D. Paster
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0004|
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0005|
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0006|
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0007| Adopted Not Adopted
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0008|
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011|
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0012| Date
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0013| S0684FS4 FORTY-SECOND LEGISLATURE
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0014| SECOND SESSION, 1996
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0015|
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0016|
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0017|
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0018| December 17, 1997
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0019|
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0020|
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0021| SENATE FLOOR AMENDMENT number to SENATE BILL 684,
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0022| with emergency clause
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0023|
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0024| AMENDMENT sponsored by SENATOR JANICE D. PASTER
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0025|
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0001| 1. Delete Section 5 of the bill in its entirety.
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0002|
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0003| 2. Renumber succeeding sections accordingly.
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0004|
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0005|
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0006|
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0007|
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0008|
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0009| Senator Janice D. Paster
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0010|
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0011|
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0012|
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0013| Adopted Not Adopted
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0014|
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0015| (Chief Clerk) (Chief Clerk)
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0016|
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0017|
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0018| Date
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0019| S0684FS5
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