0001| HOUSE BILL 137
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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| RICK MIERA
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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| AN ACT
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0011| RELATING TO PROPERTY; REQUIRING CERTAIN INFORMATION TO BE
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0012| FURNISHED TO COUNTY ASSESSORS IN CONNECTION WITH THE TRANSFER
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0013| OF AN INTEREST IN REAL PROPERTY BY A TRANSFER INSTRUMENT.
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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. TRANSFER OF AN INTEREST IN REAL PROPERTY--USE
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0017| OF AN AFFIDAVIT TO RECORD INFORMATION.--
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0018| A. Except as indicated in Subsection B of this
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0019| section, a county clerk or his employee shall not accept for
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0020| recording or record a transfer instrument unless the transfer
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0021| instrument presented contains the county assessor's approval
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0022| stamp certifying the receipt of an affidavit that meets the
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0023| requirements set forth in this section.
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0024| B. The affidavit shall not be required for:
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0025| (1) a transfer instrument for the transfer of
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0001| residential property for no or nominal consideration;
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0002| (2) a transfer instrument that results from
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0003| the payment in full or forfeiture by a transferee under a
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0004| recorded transfer instrument;
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0005| (3) an instrument solely to provide or release
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0006| security for a debt or obligation; or
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0007| (4) an instrument arising out of a sale for
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0008| delinquent taxes or assessments.
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0009| C. Prior to presenting a transfer instrument for
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0010| recording, a person shall present the transfer instrument and
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0011| an affidavit to the county assessor. The affidavit shall be
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0012| signed by the tranferors and transferees of any interest in
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0013| residential property transferred by a transfer instrument. The
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0014| affidavit shall contain at least the following information:
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0015| (1) the complete names of all transferors and
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0016| transferees;
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0017| (2) the current mailing addresses of the
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0018| transferors and transferees;
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0019| (3) the legal description of the real property
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0020| interest transferred as it appears in the document of transfer;
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0021| and
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0022| (4) the full consideration, including money or
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0023| any other thing of value paid or exchanged for the transfer.
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0024| D. Upon receipt of the affidavit meeting the
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0025| requirements of this section, the county assessor shall place
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0001| the date of receipt on the original affidavit, shall retain the
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0002| original affidavit as a permanent record and shall stamp the
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0003| transfer instrument. The assessor shall make copies of the
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0004| original affidavit and shall index the affidavit copies in a
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0005| manner that permits cross-referencing to other records in the
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0006| assessor's office pertaining to the property described in the
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0007| affidavit.
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0008| E. Prior to January 1, 1998, the taxation and
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0009| revenue department shall print and distribute to each county
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0010| assessor affidavit forms for distribution to the public upon
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0011| request.
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0012| F. A transfer instrument erroneously recorded
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0013| without the county assessor's approval stamp certifying the
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0014| receipt of an affidavit shall not be void, voidable, invalid or
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0015| affected in any manner by a mistake or error in recording.
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0016| G. For the purposes of this section:
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0017| (1) "transfer instrument" means a document,
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0018| the execution and delivery of which by a transferor to a
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0019| transferee, that creates in the transferee a legal or equitable
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0020| ownership interest in residential property; and
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0021| (2) "residential property" means a dwelling
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0022| and the underlying real property designed for occupancy by one
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0023| to four families and includes mobile homes and condominiums.
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0024|
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0025| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0001| HOUSE BILL 137
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|
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0004|
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0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO PROPERTY; REQUIRING CERTAIN INFORMATION TO BE
|
0012| FURNISHED TO COUNTY ASSESSORS IN CONNECTION WITH THE TRANSFER
|
0013| OF AN INTEREST IN REAL PROPERTY BY A TRANSFER INSTRUMENT.
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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. TRANSFER OF AN INTEREST IN REAL PROPERTY--USE
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0017| OF AN AFFIDAVIT TO RECORD INFORMATION.--
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0018| A. Except as indicated in Subsection B of this
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0019| section, a county clerk or his employee shall not accept for
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0020| recording or record a transfer instrument unless the transfer
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0021| instrument presented is accompanied by an affidavit that meets
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0022| the requirements set forth in this section.
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0023| B. The affidavit shall not be required for:
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0024| (1) a transfer instrument for the transfer of
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0025| residential property for no or nominal consideration;
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0001| (2) a transfer instrument that results from
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0002| the payment in full or forfeiture by a transferee under a
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0003| recorded transfer instrument;
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0004| (3) an instrument solely to provide or release
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0005| security for a debt or obligation;
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0006| (4) an instrument arising out of a sale for
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0007| delinquent taxes or assessments;
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0008| (5) an instrument that is being recorded
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0009| solely for curative reasons to clear defects in the chain of
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0010| title; or
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0011| (6) a transfer instrument that results when
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0012| the state, a county or a city is a transferor or transferee.
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0013| C. When presenting a transfer instrument for
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0014| recording, a person shall present the transfer instrument and
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0015| an affidavit to the county clerk. The affidavit shall be
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0016| signed by the tranferors and transferees of any interest in
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0017| residential property transferred by a transfer instrument. The
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0018| affidavit shall contain at least the following information:
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0019| (1) the complete names of all transferors and
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0020| transferees;
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0021| (2) the current mailing addresses of the
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0022| transferors and transferees;
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0023| (3) the legal description of the real property
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0024| interest transferred as it appears in the document of transfer;
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0025| and
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0001| (4) the full consideration, including money or
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0002| any other thing of value paid or exchanged for the transfer.
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0003| D. Upon receipt of the affidavit meeting the
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0004| requirements of this section, the county clerk shall at no
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0005| additional cost present a copy of the recorded transfer instrument
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0006| and the affidavit to the county assessor who shall place the date
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0007| of receipt on the affidavit and shall retain it as a permanent
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0008| record. The county clerk shall not make a copy of the affidavit.
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0009| E. Prior to January 1, 1998, the taxation and revenue
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0010| department shall print and distribute to each county assessor
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0011| affidavit forms for distribution to the public upon request.
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0012| F. A transfer instrument erroneously recorded
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0013| without the receipt of an affidavit shall not be void, voidable,
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0014| invalid or affected in any manner by a mistake or error in
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0015| recording.
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0016| G. For the purposes of this section:
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0017| (1) "transfer instrument" means a document, the
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0018| execution and delivery of which by a transferor to a transferee,
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0019| that creates in the transferee a legal or equitable ownership
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0020| interest in residential property but does not include those that
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0021| are executed and delivered solely for curative purposes to cure
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0022| defects in the chain of title; and
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0023| (2) "residential property" means a dwelling and
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0024| the underlying real property designed for occupancy by one to four
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0025| families and includes mobile homes and condominiums.
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0001| Section 2. CONFIDENTIALITY.--The affidavit and its contents
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0002| are confidential and shall not be disclosed except:
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0003| A. to employees in the clerk's office and the
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0004| assessor's office and employees of the taxation and revenue
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0005| department, any of whom must have a demonstrated need for the
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0006| information in carrying out their official duties;
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0007| B. under an order of a court of competent
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0008| jurisdiction;
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0009| C. in connection with a protest under Section 7-38-21
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0010| NMSA 1978; or
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0011| D. for statistical purposes if used in a way that the
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0012| information disclosed is not identifiable or identified as
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0013| applicable to any property owner or person in possession of the
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0014| property.
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0015| Section 3. EFFECTIVE DATE.--The effective date of the
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0016| provisions of this act is January 1, 1998.
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0017| State of New Mexico
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0018| House of Representatives
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0019|
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0020| FORTY-THIRD LEGISLATURE
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0021| FIRST SESSION, 1997
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0022|
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0023|
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0024| February 24, 1997
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0025|
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0001|
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0002| Mr. Speaker:
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0003|
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0004| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0005| been referred
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0006|
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0007| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL
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0008| 137
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0009|
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0010| has had it under consideration and reports same with
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0011| recommendation that it DO PASS.
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0012|
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0013| Respectfully submitted,
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0014|
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0015|
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0016|
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0017|
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0018| Jerry W. Sandel, Chairman
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0019|
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0020|
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0021| Adopted Not Adopted
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0022|
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025| Date
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0001|
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0002| The roll call vote was 8 For 4 Against
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0003| Yes: 8
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0004| No: Crook, Gubbels, Parsons, Stell
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0005| Excused: Russell
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0006| Absent: None
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0007|
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0008|
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0009| G:\BILLTEXT\BILLW_97\H0137
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0010|
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0011| FORTY-THIRD LEGISLATURE HJC/HB 137/a
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0012| FIRST SESSION, 1997
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0013|
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0014|
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0015| March 17, 1997
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0016|
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0017| Mr. President:
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0018|
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0019| Your JUDICIARY COMMITTEE, to whom has been referred
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0020|
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0021| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0022| HOUSE BILL 137
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0023|
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0024| has had it under consideration and reports same with recommendation
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0025| that it DO PASS, amended as follows:
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0001|
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0002| 1. On page 4, between lines 11 and 12, insert the following
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0003| new subsection:
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0004|
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0005| "E. It is unlawful for any employees in the clerk's office
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0006| and the assessor's office and employees of the taxation and revenue
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0007| department to reveal to any individual other than as provided for in
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0008| this section any information contained in the affidavit."
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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| Fernando R. Macias, Chairman
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0016|
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0017|
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0018|
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0019| Adopted_______________________ Not Adopted_______________________
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022|
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0023| Date ________________________
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0024|
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0025|
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0001| The roll call vote was 5 For 0 Against
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0002| Yes: 5
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0003| No: 0
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0004| Excused: Sanchez, Tsosie, Vernon
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0005| Absent: None
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0006|
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0007|
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0008| H0137JU1
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0009|
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