0001| HOUSE BILL 579
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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| W. C. "DUB" WILLIAMS
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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 PUBLIC OFFICIALS; AMENDING SECTION 10-15-1 NMSA
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0012| 1978 (BEING LAWS 1974, CHAPTER 91, SECTION 1, AS AMENDED) TO
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0013| EXEMPT FROM THE OPEN MEETINGS ACT PUBLIC HOSPITALS LEASED TO
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0014| PRIVATE MANAGERS.
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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 10-15-1 NMSA 1978 (being Laws 1974,
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0018| Chapter 91, Section 1, as amended) is amended to read:
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0019| "10-15-1. FORMATION OF PUBLIC POLICY--PROCEDURES FOR OPEN
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0020| MEETINGS--EXCEPTIONS AND PROCEDURES FOR CLOSED MEETINGS--
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0021| EXEMPTION.--
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0022| A. In recognition of the fact that a representative
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0023| government is dependent upon an informed electorate, it is
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0024| declared to be public policy of this state that all persons are
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0025| entitled to the greatest possible information regarding the
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0001| affairs of government and the official acts of those officers
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0002| and employees who represent them. The formation of public
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0003| policy or the conduct of business by vote shall not be
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0004| conducted in closed meeting. All meetings of any public body
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0005| except the legislature and the courts shall be public meetings,
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0006| and all persons so desiring shall be permitted to attend and
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0007| listen to the deliberations and proceedings. Reasonable
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0008| efforts shall be made to accommodate the use of audio and video
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0009| recording devices.
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0010| B. All meetings of a quorum of members of any
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0011| board, commission, administrative adjudicatory body or other
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0012| policymaking body of any state agency, any agency or authority
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0013| of any county, municipality, district or any political
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0014| subdivision, held for the purpose of formulating public policy,
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0015| including the development of personnel policy, rules,
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0016| regulations or ordinances, discussing public business or for
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0017| the purpose of taking any action within the authority of or the
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0018| delegated authority of any board, commission or other
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0019| policymaking body are declared to be public meetings open to
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0020| the public at all times, except as otherwise provided in the
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0021| constitution of New Mexico or the Open Meetings Act. No public
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0022| meeting once convened that is otherwise required to be open
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0023| pursuant to the Open Meetings Act shall be closed or dissolved
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0024| into small groups or committees for the purpose of permitting
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0025| the closing of the meeting.
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0001| C. If otherwise allowed by law or rule of the
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0002| public body, a member of a public body may participate in a
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0003| meeting of the public body by means of a conference telephone
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0004| or other similar communications equipment when it is otherwise
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0005| difficult or impossible for the member to attend the meeting in
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0006| person, provided that each member participating by conference
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0007| telephone can be identified when speaking, all participants are
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0008| able to hear each other at the same time and members of the
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0009| public attending the meeting are able to hear any member of the
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0010| public body who speaks during the meeting.
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0011| D. Any meetings at which the discussion or adoption
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0012| of any proposed resolution, rule, regulation or formal action
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0013| occurs and at which a majority or quorum of the body is in
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0014| attendance, and any closed meetings, shall be held only after
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0015| reasonable notice to the public. The affected body shall
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0016| determine at least annually in a public meeting what notice for
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0017| a public meeting is reasonable when applied to that body. That
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0018| notice shall include broadcast stations licensed by the federal
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0019| communications commission and newspapers of general circulation
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0020| that have provided a written request for such notice.
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0021| E. A public body may recess and reconvene a meeting
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0022| to a day subsequent to that stated in the meeting notice if,
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0023| prior to recessing, the public body specifies the date, time
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0024| and place for continuation of the meeting, and, immediately
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0025| following the recessed meeting, posts notice of the date, time
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0001| and place for the reconvened meeting on or near the door of the
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0002| place where the original meeting was held and in at least one
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0003| other location appropriate to provide public notice of the
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0004| continuation of the meeting. Only matters appearing on the
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0005| agenda of the original meeting may be discussed at the
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0006| reconvened meeting.
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0007| F. Meeting notices shall include an agenda
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0008| containing a list of specific items of business to be discussed
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0009| or transacted at the meeting or information on how the public
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0010| may obtain a copy of such an agenda. Except in the case of an
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0011| emergency, the agenda shall be available to the public at least
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0012| twenty-four hours prior to the meeting. Except for emergency
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0013| matters, a public body shall take action only on items
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0014| appearing on the agenda. For purposes of this subsection, an
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0015| "emergency" refers to unforeseen circumstances that, if not
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0016| addressed immediately by the public body, will likely result in
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0017| injury or damage to persons or property or substantial
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0018| financial loss to the public body.
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0019| G. The board, commission or other policymaking body
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0020| shall keep written minutes of all its meetings. The minutes
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0021| shall include at a minimum the date, time and place of the
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0022| meeting, the names of members in attendance and those absent,
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0023| the substance of the proposals considered and a record of any
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0024| decisions and votes taken that show how each member voted. All
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0025| minutes are open to public inspection. Draft minutes shall be
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0001| prepared within ten working days after the meeting and shall be
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0002| approved, amended or disapproved at the next meeting where a
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0003| quorum is present. Minutes shall not become official until
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0004| approved by the policymaking body.
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0005| H. The provisions of Subsections A, B and G of this
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0006| section do not apply to:
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0007| (1) meetings pertaining to issuance,
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0008| suspension, renewal or revocation of a license, except that a
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0009| hearing at which evidence is offered or rebutted shall be open.
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0010| All final actions on the issuance, suspension, renewal or
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0011| revocation of a license shall be taken at an open meeting;
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0012| (2) limited personnel matters; provided that
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0013| for purposes of the Open Meetings Act, "limited personnel
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0014| matters" means the discussion of hiring, promotion, demotion,
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0015| dismissal, assignment or resignation of or the investigation or
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0016| consideration of complaints or charges against any individual
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0017| public employee; provided further that this subsection is not
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0018| to be construed as to exempt final actions on personnel from
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0019| being taken at open public meetings, nor does it preclude an
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0020| aggrieved public employee from demanding a public hearing.
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0021| Judicial candidates interviewed by any commission shall have
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0022| the right to demand an open interview;
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0023| (3) deliberations by a public body in
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0024| connection with an administrative adjudicatory proceeding. For
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0025| purposes of this paragraph, an "administrative adjudicatory
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0001| proceeding" means a proceeding brought by or against a person
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0002| before a public body in which individual legal rights, duties
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0003| or privileges are required by law to be determined by the
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0004| public body after an opportunity for a trial-type hearing.
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0005| Except as otherwise provided in this section, the actual
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0006| administrative adjudicatory proceeding at which evidence is
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0007| offered or rebutted and any final action taken as a result of
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0008| the proceeding shall occur in an open meeting;
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0009| (4) the discussion of personally identifiable
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0010| information about any individual student, unless the student,
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0011| his parent or guardian requests otherwise;
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0012| (5) meetings for the discussion of bargaining
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0013| strategy preliminary to collective bargaining negotiations
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0014| between the policymaking body and a bargaining unit
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0015| representing the employees of that policymaking body and
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0016| collective bargaining sessions at which the policymaking body
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0017| and the representatives of the collective bargaining unit are
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0018| present;
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0019| (6) that portion of meetings at which a
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0020| decision concerning purchases in an amount exceeding two
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0021| thousand five hundred dollars ($2,500) that can be made only
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0022| from one source and that portion of meetings at which the
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0023| contents of competitive sealed proposals solicited pursuant to
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0024| the Procurement Code are discussed during the contract
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0025| negotiation process. The actual approval of purchase of the
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0001| item or final action regarding the selection of a contractor
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0002| shall be made in an open meeting;
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0003| (7) meetings subject to the attorney-client
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0004| privilege pertaining to threatened or pending litigation in
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0005| which the public body is or may become a participant;
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0006| (8) meetings for the discussion of the
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0007| purchase, acquisition or disposal of real property or water
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0008| rights by the public body; and
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0009| (9) those portions of meetings of committees
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0010| or boards of public hospitals that receive less than fifty
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0011| percent of their operating budget from direct public funds and
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0012| appropriations where strategic and long-range business plans
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0013| are discussed.
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0014| I. If any meeting is closed pursuant to the
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0015| exclusions contained in Subsection H of this section, the
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0016| closure:
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0017| (1) if made in an open meeting, shall be
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0018| approved by a majority vote of a quorum of the policymaking
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0019| body; the authority for the closure and the subject to be
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0020| discussed shall be stated with reasonable specificity in the
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0021| motion calling for the vote on a closed meeting; the vote shall
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0022| be taken in an open meeting; and the vote of each individual
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0023| member shall be recorded in the minutes. Only those subjects
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0024| announced or voted upon prior to closure by the policymaking
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0025| body may be discussed in a closed meeting; and
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0001| (2) if called for when the policymaking body
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0002| is not in an open meeting, shall not be held until public
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0003| notice, appropriate under the circumstances, stating the
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0004| specific provision of the law authorizing the closed meeting
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0005| and stating with reasonable specificity the subject to be
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0006| discussed is given to the members and to the general public.
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0007| J. Following completion of any closed meeting, the
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0008| minutes of the open meeting that was closed or the minutes of
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0009| the next open meeting if the closed meeting was separately
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0010| scheduled shall state that the matters discussed in the closed
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0011| meeting were limited only to those specified in the motion for
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0012| closure or in the notice of the separate closed meeting. This
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0013| statement shall be approved by the public body under Subsection
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0014| G of this section as part of the minutes.
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0015| K. A corporation that leases and operates a public
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0016| hospital pursuant to a contract with the state, a county or a
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0017| municipality is exempt from the provisions of this section."
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0018| - 8 - State of New Mexico
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0019| House of Representatives
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION, 1997
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0023|
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0024|
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0025| February 13, 1997
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0001|
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0002|
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0003| Mr. Speaker:
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0004|
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0005| Your VOTERS AND ELECTIONS COMMITTEE, to whom has
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0006| been referred
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0007|
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0008| HOUSE BILL 579
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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, and thence referred to the
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0012| JUDICIARY COMMITTEE.
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0013|
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0014| Respectfully submitted,
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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| Edward C. Sandoval, Chairman
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0021|
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0022|
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0023| Adopted Not Adopted
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0024|
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002| Date
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0003|
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0004| The roll call vote was 9 For 0 Against
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0005| Yes: 9
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0006| Excused: Lujan, Nicely, Sanchez
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0007| Absent: None
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0008|
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0009|
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0010| G:\BILLTEXT\BILLW_97\H0579 State of New Mexico
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0011| House of Representatives
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0012|
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0013| FORTY-THIRD LEGISLATURE
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0014| FIRST SESSION, 1997
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0015|
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0016|
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0017| February 24, 1997
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0018|
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0019|
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0020| Mr. Speaker:
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0021|
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0022| Your JUDICIARY COMMITTEE, to whom has been referred
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0023|
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0024| HOUSE BILL 579
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0025|
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0001| has had it under consideration and reports same with
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0002| recommendation that it DO PASS, amended as follows:
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0003|
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0004| 1. On page 8, line 16, after "section" insert "if the
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0005| meetings of the local community board charged by the corporation
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0006| with oversight of the hospital are open to public participation,
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0007| subject to the exceptions contained in an open meeting resolution
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0008| adopted by the local community board".
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0009|
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0010| The roll call vote on Amendment #1 was 8 For 2 Against
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0011| Yes: 8
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0012| No: King, Stewart
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0013| Excused: Pederson, Rios, Sanchez
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0014| Absent: None
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0015|
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0016| Respectfully submitted,
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0017|
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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 8 For 2 Against
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0007| Yes: 8
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0008| No: King, Stewart
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0009| Excused: Pederson, Rios, Sanchez
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0010| Absent: None
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0011|
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0012| .117658.1
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0013| G:\BILLTEXT\BILLW_97\H0579 FORTY-THIRD LEGISLATURE
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0014| FIRST SESSION
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0015|
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0016|
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0017| February 27, 1997
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0018|
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0019|
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0020| HOUSE FLOOR AMENDMENT number ___1___ to HOUSE BILL 579, as amended
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0021|
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0022| Amendment sponsored by Representative Gary K. King
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0023|
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0024|
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0025| 1. Strike House Judiciary Committee Amendment 1.
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0001|
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0002| 2. On page 8, line 16, after "section" insert "; provided that
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0003| the hospital is subject to oversight by a local community hospital
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0004| board and that board is subject to the provisions of this section".
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0017|
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0018|
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0019| ___________________________
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0020| Gary K. King
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0021|
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0022|
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0023|
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0024| Adopted ___________________ Not Adopted ___________________________
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002|
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0003| Date ________________
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0004|
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0005| FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION, 1997
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0007|
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0008|
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0009| March 17, 1997
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0010|
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0011| Mr. President:
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0012|
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0013| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
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0014|
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0015| HOUSE BILL 579, as amended
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0016|
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0017| has had it under consideration and reports same with recommendation
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0018| that it DO PASS, and thence referred to the JUDICIARY
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0019| COMMITTEE.
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0020|
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0021| Respectfully submitted,
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0022|
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0023|
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0024|
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0025| __________________________________
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0001| Shannon Robinson, Chairman
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0002|
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0003|
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0004|
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0005| Adopted_______________________ Not Adopted_______________________
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008|
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0009| Date ________________________
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0010|
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0011|
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0012| The roll call vote was 5 For 0 Against
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0013| Yes: 5
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0014| No: 0
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0015| Excused: Adair, Boitano, Ingle, Vernon
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0016| Absent: None
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0017|
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0018|
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0019| H0579PA1
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0020|
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0021|
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0022|
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0023| FORTY-THIRD LEGISLATURE
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| March 20, 1997
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0003|
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0004| Mr. President:
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0005|
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0006| Your JUDICIARY COMMITTEE, to whom has been referred
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0007|
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0008| HOUSE BILL 579, as amended
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0009|
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0010| has had it under consideration and reports same with recommendation
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0011| 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| Fernando R. Macias, Chairman
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0019|
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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|
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0001|
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0002| Date ________________________
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0003|
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0004|
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0005| The roll call vote was 5 For 0 Against
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0006| Yes: 5
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0007| No: 0
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0008| Excused: Stockard, Tsosie, Vernon
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0009| Absent: None
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0010|
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0011|
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0012| H0579JU1
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