0001| HOUSE BILL 89
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| R. DAVID PEDERSON
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0006|
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0007|
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0008| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO COURTS; ENACTING THE UNIFORM CERTIFICATION OF
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0012| QUESTIONS OF LAW ACT; ESTABLISHING PROCEDURES FOR CERTIFYING
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0013| QUESTIONS OF LAW; REPEALING AND ENACTING SECTIONS OF THE NMSA
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0014| 1978.
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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| "Uniform Certification of Questions of Law Act".
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0019| Section 2. DEFINITIONS.--As used in the Uniform
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0020| Certification of Questions of Law Act:
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0021| A. "state" means a state of the United States, the
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0022| District of Columbia, the commonwealth of Puerto Rico or any
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0023| territory or insular possession subject to the jurisdiction of
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0024| the United States; and
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0025| B. "tribe" means a tribe, band or village of Native
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0001| Americans that is recognized by federal law or formally
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0002| acknowledged by a state.
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0003| Section 3. POWER TO CERTIFY.--The supreme court or the
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0004| court of appeals of this state, on the motion of a party to
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0005| pending litigation or its own motion, may certify a question of
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0006| law to the highest court of another state, a tribe, Canada, a
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0007| Canadian province or territory, Mexico or a Mexican state if:
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0008| A. the pending litigation involves a question to be
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0009| decided under the law of the other jurisdiction;
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0010| B. the answer to the question may be determinative
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0011| of an issue in the pending litigation; and
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0012| C. the question is one for which an answer is not
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0013| provided by a controlling appellate decision, constitutional
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0014| provision or statute of the other jurisdiction.
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0015| Section 4. POWER TO ANSWER.--The supreme court of this
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0016| state may answer a question of law certified to it by a court
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0017| of the United States or by an appellate court of another state,
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0018| a tribe, Canada, a Canadian province or territory, Mexico or a
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0019| Mexican state if the answer may be determinative of an issue in
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0020| pending litigation in the certifying court and there is no
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0021| controlling appellate decision, constitutional provision or
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0022| statute of this state.
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0023| Section 5. POWER TO REFORMULATE QUESTION.--The supreme
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0024| court of this state may reformulate a question of law certified
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0025| to it.
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0001| Section 6. CERTIFICATION ORDER--RECORD.--The court
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0002| certifying a question of law to the supreme court of this state
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0003| shall issue a certification order and forward it to the supreme
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0004| court of this state. Before responding to a certified
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0005| question, the supreme court of this state may require the
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0006| certifying court to deliver all or part of its record to the
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0007| supreme court of this state.
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0008| Section 7. CONTENTS OF CERTIFICATION ORDER.--
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0009| A. A certification order must contain:
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0010| (1) the question of law to be answered;
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0011| (2) the facts relevant to the question, showing
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0012| fully the nature of the controversy out of which the question
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0013| arose;
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0014| (3) a statement acknowledging that the supreme
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0015| court of this state, acting as the receiving court, may
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0016| reformulate the question; and
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0017| (4) the names and addresses of counsel of
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0018| record and parties appearing without counsel.
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0019| B. If the parties cannot agree upon a statement of
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0020| facts, the certifying court shall determine the relevant facts
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0021| and state them as part of its certification order.
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0022| Section 8. NOTICE--RESPONSE.--The supreme court of this
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0023| state, acting as a receiving court, shall notify the certifying
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0024| court of acceptance or rejection of the question and, in
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0025| accordance with notions of comity and fairness, respond to an
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0001| accepted certified question as soon as practicable.
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0002| Section 9. PROCEDURES.--After the supreme court of this
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0003| state has accepted a certified question, proceedings are
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0004| governed by the rules and statutes governing briefs, arguments
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0005| and other appellate procedures. Procedures for certification
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0006| from this state to a receiving court are those provided in the
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0007| rules and statutes of the receiving forum.
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0008| Section 10. OPINION.--The supreme court of this state
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0009| shall state in a written opinion the law answering the
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0010| certified question and send a copy of the opinion to the
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0011| certifying court, counsel of record and parties appearing
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0012| without counsel.
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0013| Section 11. COST OF CERTIFICATION.--Fees and costs are
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0014| the same as in civil appeals docketed before the supreme court
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0015| of this state and must be equally divided between the parties,
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0016| unless otherwise ordered by the certifying court.
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0017| Section 12. SEVERABILITY.--If any provision of the
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0018| Uniform Certification of Questions of Law Act or its
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0019| application to any person or circumstance is held invalid, the
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0020| invalidity does not affect other provisions or applications of
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0021| that act that can be given effect without the invalid provision
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0022| or application, and to this end the provisions of that act are
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0023| severable.
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0024| Section 13. UNIFORMITY OF APPLICATION AND CONSTRUCTION.--
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0025| The Uniform Certification of Questions of Law Act shall be
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0001| applied and construed to effectuate its general purpose to make
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0002| uniform law with respect to the subject of that act among
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0003| states enacting it.
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0004| Section 14. REPEAL.--Section 34-2-8 NMSA 1978 (being Laws
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0005| 1975, Chapter 72, Section 1, as amended) is repealed.
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0006| Section 15. EFFECTIVE DATE.--The effective date of the
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0007| provisions of this act is July 1, 1997.
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0008| State of New Mexico
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0009| House of Representatives
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0010|
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0011| FORTY-THIRD LEGISLATURE
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0012| FIRST SESSION, 1997
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0013|
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0014|
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0015| January 29, 1997
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0016|
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0017|
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0018| Mr. Speaker:
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0019|
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0020| Your JUDICIARY COMMITTEE, to whom has been referred
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0021|
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0022| HOUSE BILL 89
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0023|
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0024| has had it under consideration and reports same with
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0025| recommendation that it DO PASS.
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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|
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0008| Thomas P. Foy, Chairman
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0009|
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0010|
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0011| Adopted Not Adopted
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0012|
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0013| (Chief Clerk) (Chief Clerk)
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0014|
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0015| Date
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0016|
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0017| The roll call vote was 11 For 0 Against
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0018| Yes: 11
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0019| Excused: Luna, Sanchez
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0020| Absent: None
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0021|
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0022| G:\BILLTEXT\BILLW_97\H0089 State of New Mexico
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0023| House of Representatives
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION, 1997
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0002|
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0003|
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0004| January 29, 1997
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0005|
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0006|
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0007| Mr. Speaker:
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0008|
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0009| Your JUDICIARY COMMITTEE, to whom has been referred
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0010|
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0011| HOUSE BILL 89
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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|
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0022| Thomas P. Foy, 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 11 For 0 Against
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0007| Yes: 11
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0008| Excused: Luna, Sanchez
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0009| Absent: None
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0010|
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0011| G:\BILLTEXT\BILLW_97\H0089
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