0001| HOUSE BILL 569
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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| GARY K. KING
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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|
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0010| AN ACT
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0011| RELATING TO LAND GRANTS; AMENDING THE POWERS OF BOARDS OF
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0012| TRUSTEES; PROVIDING FOR THE BOARD OF TRUSTEES OF THE CHILILI
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0013| LAND GRANT; AMENDING, REPEALING AND ENACTING SECTIONS OF THE
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0014| NMSA 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. Section 49-1-3 NMSA 1978 (being Laws 1907,
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0018| Chapter 42, Section 3, as amended) is amended to read:
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0019| "49-1-3. BOARD OF TRUSTEES--MANAGEMENT OF GRANT--POWERS.-
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0020| -The management and control of all the grants and tracts of
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0021| land to which Sections 49-1-1 through 49-1-18 NMSA 1978 are
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0022| applicable by virtue of Section 49-1-2 NMSA 1978 is hereby
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0023| vested in a board of trustees, to be known as the "board of
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0024| trustees of the _____________ land grant" (designating the same
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0025| by the name of [such] the town, colony, pueblo or
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0001| community), and the board shall have the following general
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0002| powers:
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0003| A. to control, care for and manage the grant and
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0004| real estate, [and] to prescribe the terms and conditions
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0005| under which the common lands [thereof] may be used and
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0006| enjoyed and to make all necessary and proper rules and
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0007| regulations for the government thereof;
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0008| B. to sue and be sued under the title [aforesaid]
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0009| as set forth in this section;
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0010| C. to [sell, convey] lease [or mortgage] so
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0011| much of the land grant or real estate under its control [as
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0012| aforesaid] as is held in common;
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0013| D. to prescribe the price to be paid for the use of
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0014| the common lands and to prohibit any person failing or refusing
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0015| to pay [such] that amount from using any portion of the
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0016| [same] common lands while he continues in default in
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0017| [such] those payments; provided that the amount so fixed
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0018| shall be in proportion to the number and kinds of livestock
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0019| pasturing upon [such] the common lands;
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0020| E. to adopt and use an official seal;
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0021| F. to appoint judges and clerks of election at all
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0022| elections [herein] provided for in Sections 49-1-1 through
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0023| 49-1-18 NMSA 1978, subsequent to the first, and to canvass the
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0024| votes cast [thereat] in those elections; and
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0025| G. to make such rules and regulations, not in
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0001| conflict with the constitution and laws of the United States or
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0002| the state of New Mexico, as may be necessary for the
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0003| protection, improvement and management of [such] the common
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0004| lands and real estate and the use and enjoyment thereof and of
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0005| the common waters thereon."
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0006| Section 2. Section 49-4-1 NMSA 1978 (being Laws 1876,
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0007| Chapter 51, Section 1) is amended to read:
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0008| "49-4-1. CHILILI GRANT--RATIFICATION OF
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0009| PARTITIONS. [Sec. 41. That] All apportionments or partitions
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0010| of land on the grant of Chilili, in precinct number ten of the
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0011| county of Bernalillo and state of New Mexico, made by Inez
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0012| Armenta as trustee or by his [successor or] successors as
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0013| trustees of [said] the grant to the bona fide residents
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0014| [thereon, be and the same] on the grant are hereby
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0015| confirmed."
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0016| Section 3. Section 49-4-2 NMSA 1978 (being Laws 1876,
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0017| Chapter 51, Section 2) is amended to read:
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0018| "49-4-2. DEEDS TO SETTLERS. [Sec. 42.] It shall be the
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0019| duty of [said] Inez Armenta or his successors in office to
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0020| extend title deeds to [such] the persons [as] who have
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0021| held bona fide possession of the land to them apportioned for
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0022| the term of ten years and still hold the [same] land under
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0023| the authority of the [said] trustees [said]. The deeds
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0024| [to] shall be signed by the president of the board of
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0025| trustees, and the person interested [paying] shall pay
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0001| the costs of [said] the deed, not exceeding two dollars
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0002| ($2.00)."
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0003| Section 4. Section 49-4-3 NMSA 1978 (being Laws 1876,
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0004| Chapter 51, Section 3, as amended) is repealed and a new
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0005| Section 49-4-3 NMSA 1978 is enacted to read:
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0006| "49-4-3. [NEW MATERIAL] BOARD OF TRUSTEES--MANAGEMENT
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0007| OF THE GRANT--ELECTION--POWERS.--
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0008| A. For the purpose of managing the grant, there
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0009| shall be elected five active heirs to be members of the board
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0010| of trustees of the grant. Members of the board shall be legal
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0011| voters according to the qualifications for voters in New
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0012| Mexico, shall be active heirs of and interested in the grant
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0013| and shall not have committed any felony offense against the
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0014| laws of New Mexico.
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0015| B. The trustees shall be voted upon by persons who
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0016| have the same qualifications as members of the board of
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0017| trustees as provided in this section. The election for members
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0018| of the board of trustees shall be held within the grant at a
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0019| place designated by and under rules established by the board of
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0020| trustees on the first Sunday in January 1995 and every two
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0021| years thereafter.
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0022| C. The board of trustees is authorized to pass
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0023| ordinances as it deems necessary for the administration and
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0024| protection of the property of the grant."
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0025| Section 5. A new Section 49-4-4 NMSA 1978 is enacted to
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0001| read:
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0002| "49-4-4. [NEW MATERIAL] BODY CORPORATE--TITLE--POWER
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0003| TO SUE AND BE SUED.--The certain land grant situated in
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0004| Bernalillo and Torrance counties in New Mexico is hereby
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0005| incorporated and formed into a body corporate and politic under
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0006| the name and title of the "Chilili land grant" and as such
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0007| corporate body and in its name shall have the right and power
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0008| to sue and be sued."
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0009| Section 6. A new Section 49-4-5 NMSA 1978 is enacted to
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0010| read:
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0011| "49-4-5. [NEW MATERIAL] APPOINTMENT OF OFFICERS--
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0012| DUTIES--BOND OF TREASURER.--The board of trustees shall appoint
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0013| a president, a secretary and a treasurer from among the
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0014| members. The secretary shall keep a correct record of the
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0015| proceedings of the board of trustees and shall receive and keep
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0016| the funds and personal property belonging to the grant. The
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0017| treasurer shall give a bond in favor of the grant in a sum
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0018| fixed by the board not to exceed two times the amount that may
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0019| come into the hands of the treasurer during his term."
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0020| Section 7. A new Section 49-4-6 NMSA 1978 is enacted to
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0021| read:
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0022| "49-4-6. [NEW MATERIAL] CONTRACTS FOR LEASE--
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0023| LIMITATION.--The board of trustees is authorized to make, give
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0024| and execute contracts for the lease of lands within the grant
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0025| in favor of active heirs interested in the grant, for
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0001| residential purposes; provided that no contract for lease may
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0002| be given to any person for more than two acres of land or for a
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0003| term of less than five years or to any person not residing on
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0004| the leased land. The board has no other authority to convey
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0005| interests in real property."
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0006| Section 8. A new Section 49-4-7 NMSA 1978 is enacted to
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0007| read:
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0008| "49-4-7. [NEW MATERIAL] TAX AUTHORIZATION.--The board
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0009| of trustees is authorized to tax all parties interested in the
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0010| grant, in proportion to the interest that each person may have
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0011| in the grant, to provide the necessary sums of money for the
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0012| defense, protection or other interests of the grant."
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0013| Section 9. A new Section 49-4-8 NMSA 1978 is enacted to
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0014| read:
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0015| "49-4-8. [NEW MATERIAL] COMPENSATION OF BOARD--
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0016| EXPENSES.--Members of the board of trustees shall not receive
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0017| any compensation for their services; provided that they shall
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0018| be paid for other necessary expenses that they may incur in
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0019| connection with the grant."
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0020| - -
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0021|
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0022|
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0023|
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0024| State of New Mexico
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0025| House of Representatives
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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| February 19, 1997
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your JUDICIARY COMMITTEE, to whom has been referred
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0012|
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0013| HOUSE BILL 569
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0014|
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0015| has had it under consideration and reports same with
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0016| recommendation that it DO PASS, and thence referred to the
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0017| TAXATION AND REVENUE COMMITTEE.
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0018|
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0019| Respectfully submitted,
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0020|
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0021|
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0022|
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0023|
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0024|
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0025| Thomas P. Foy, Chairman
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0001|
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0002|
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0003| Adopted Not Adopted
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0004|
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0005| (Chief Clerk) (Chief Clerk)
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0006|
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0007| Date
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0008|
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0009| The roll call vote was 7 For 1 Against
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0010| Yes: 7
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0011| No: Larranaga
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0012| Excused: Alwin, Luna, Mallory, Rios, Pederson
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0013| Absent: None
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0014|
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0015|
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0016| G:\BILLTEXT\BILLW_97\H0569
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