0001| .
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0002| SENATE JOINT RESOLUTION 21
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0003| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0004| 1996
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0005| INTRODUCED BY
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0006| FERNANDO R. MACIAS
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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|
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0012| A JOINT RESOLUTION
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0013| PROPOSING TO AMEND ARTICLE 10 OF THE CONSTITUTION OF NEW MEXICO
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0014| BY ADDING A NEW SECTION TO PROVIDE FOR RECALL OF ELECTED COUNTY
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0015| OFFICIALS.
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0016|
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0017| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. It is proposed to amend Article 10 of the
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0019| constitution of New Mexico by adding a new section to read:
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0020| "A. An elected official of a county is subject to
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0021| recall by the voters of the county. Subject to the provisions
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0022| of Subsection B of this section, a petition for a recall
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0023| election shall cite grounds of malfeasance or misfeasance in
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0024| office or violation of the oath of office by the official
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0025| concerned. The cited grounds shall be based upon acts or
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0001| failures to act occurring during the current term of the
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0002| official sought to be recalled. The recall petition shall be
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0003| signed by registered voters:
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0004| (1) of the county if the official sought to be
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0005| recalled was elected at-large; or
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0006| (2) of the district from which the official
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0007| sought to be recalled was elected; and
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0008| (3) not less in number than thirty-three and
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0009| one-third percent of the number of persons who voted in the
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0010| election for the office in the last preceding general election
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0011| at which the office was voted upon.
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0012| B. Prior to and as a condition of circulating a
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0013| petition for recall pursuant to the provisions of Subsection A
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0014| of this section, the factual allegations supporting the grounds
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0015| of malfeasance or misfeasance in office or violation of the oath
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0016| of office stated in the petition shall be presented to the
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0017| district court for the county in which the recall is proposed to
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0018| be conducted. The petition shall not be circulated unless,
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0019| after a hearing in which the proponents of the recall effort and
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0020| the official sought to be recalled are given an opportunity to
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0021| present evidence, the district court determines that probable
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0022| cause exists for the grounds for recall.
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0023| C. After the requirements of Subsection B of this
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0024| section are fulfilled, the petition shall be circulated and
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0025| filed with the county clerk for verification of the signatures,
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0001| as to both number and qualifications of the persons signing. If
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0002| the county clerk verifies that the requisite number of
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0003| signatures of registered voters appears on the petition, the
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0004| question of recall of the official shall be placed on the ballot
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0005| for a special election to be called and held within ninety days
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0006| or the next occurring general election if that election is to be
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0007| held within less than ninety days. If at the election a
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0008| majority of the votes cast on the question of recall is in favor
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0009| of recall, the official who is the subject of recall is recalled
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0010| from the office, and a vacancy exists. That vacancy shall be
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0011| filled in the manner provided by law for filling vacancies for
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0012| that office.
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0013| D. A recall shall not be conducted in a calendar
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0014| year in which an election is to be held for the office for which
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0015| the recall is sought if the official sought to be recalled is a
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0016| candidate for reelection to the office. No petition for recall
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0017| of an elected county official shall be submitted more than once
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0018| during the term for which the official is elected."
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0019| Section 2. The amendment proposed by this resolution shall
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0020| be submitted to the people for their approval or rejection at
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0021| the next general election or at any special election prior to
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0022| that date which may be called for that purpose.
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0023|
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0024|
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0025|
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0001| FORTY-SECOND LEGISLATURE
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0002| SECOND SESSION, 1996
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0003|
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0004|
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0005| February 3, 1996
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0006|
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0007| Mr. President:
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0008|
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0009| Your RULES COMMITTEE, to whom has been referred
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0010|
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0011| SENATE JOINT RESOLUTION 21
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS.
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0015|
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0016| Respectfully submitted,
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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| Gloria Howes, 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|
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0005| Date ________________________
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0006|
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0007|
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0008| The roll call vote was 5 For 0 Against
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0009| Yes: 5
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0010| No: 0
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0011| Excused: EJennings, Altamirano, Aragon, Rutherford
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0012| Absent: 0
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0013|
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0014|
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0015| SR021RU1
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0016| FORTY-SECOND LEGISLATURE
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0017| SECOND SESSION
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0018|
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0019|
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0020| February 8, 1996
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0021|
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0022|
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0023| SENATE FLOOR AMENDMENT number _______ to SENATE JOINT RESOLUTION
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0024| 21
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0025|
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0001| Amendment sponsored by Senator Fernando R. Macias
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0002|
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0003|
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0004| 1. On page 3, line 11, after "recall" insert "election" and
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0005| after "conducted" insert "after May 1".
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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| __________________________
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0012| Fernando R. Macias
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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| Date _________________
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0021| State of New Mexico
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0022| House of Representatives
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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| February 12, 1996
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0004|
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0005|
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0006| Mr. Speaker:
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0007|
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0008| Your VOTERS AND ELECTIONS COMMITTEE, to whom has
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0009| been referred
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0010|
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0011| SENATE JOINT RESOLUTION 21, as amended
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS, and thence referred to the
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0015| GOVERNMENT AND URBAN AFFAIRS COMMITTEE.
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0016|
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0017| Respectfully submitted,
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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| Edward C. Sandoval, Chairman
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0023|
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0024|
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0025| Adopted Not Adopted
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0001|
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004| Date
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0005|
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0006| The roll call vote was 5 For 2 Against
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0007| Yes: 5
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0008| No: Coll, Sandoval
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0009| Excused: Buffett, Lujan, Nicely, Sanchez, Silva
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0010| Absent: None
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0011|
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0012|
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0013|
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0014|
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0015| SJR21VE1 State of New Mexico
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0016| House of Representatives
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0017|
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0018| FORTY-SECOND LEGISLATURE
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0019| SECOND SESSION, 1996
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0020|
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0021|
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0022| February 13, 1996
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
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0003| whom has been referred
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0004|
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0005| SENATE JOINT RESOLUTION 21, as amended
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0006|
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0007| has had it under consideration and reports same with
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0008| recommendation that it DO PASS.
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0009|
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0010| Respectfully submitted,
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0011|
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0012|
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0013|
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0014|
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0015| Lynda M. Lovejoy, Chairwoman
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0016|
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0017|
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0018| Adopted Not Adopted
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0019|
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022| Date
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0023|
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0024| The roll call vote was 6 For 0 Against
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0025| Yes: 6
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0001| Excused: Gentry, Hobbs, Macko, Pederson, Taylor, J.G.
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0002| Absent: None
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0003|
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0004|
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0005|
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0006| SJR21GU1
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