0001| HOUSE BILL 1133
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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| M. MICHAEL OLGUIN
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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 LIQUOR LICENSE TRANSFERS; PROVIDING AN ANNUAL LIMIT
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0012| ON RETAILER'S AND DISPENSER'S LICENSE TRANSFERS; AMENDING AND
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0013| REPEALING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.
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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. Section 60-6B-12 NMSA 1978 (being Laws 1981,
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0017| Chapter 39, Section 113, as amended) is amended to read:
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0018| "60-6B-12. INTER-LOCAL OPTION DISTRICT TRANSFERS.--
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0019| A. All dispenser's and retailer's licenses
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0020| originally issued before July 1, 1981, except rural dispenser's
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0021| and rural retailer's licenses and canopy licenses that were
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0022| replaced by dispenser's licenses pursuant to Section 60-6B-16
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0023| NMSA 1978, may be transferred to any location within the state,
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0024| except class B counties having a population of between fifty-
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0025| six thousand and fifty-seven thousand according to the 1980
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0001| federal decennial census, the municipalities located within
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0002| those class B counties and any municipality or county that
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0003| prohibits by election the transfer of a license from another
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0004| local option district, without regard to the limitations on the
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0005| maximum number of licenses provided in Section 60-6A-18 NMSA
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0006| 1978, not otherwise contrary to law subject to the approval of
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0007| transferring locations of such liquor licenses of the governing
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0008| body for that location and provided all the requirements of the
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0009| Liquor Control Act and department regulations for the transfer
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0010| of licenses are fulfilled and provided further:
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0011| (1) the transfer of location does not lower
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0012| the number of dispenser's and retailer's licenses below that
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0013| number allowed by law in the local option district from which a
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0014| license will be transferred;
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0015| (2) beginning in calendar year 1997, no more
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0016| than [five] ten dispenser's or retailer's licenses shall be
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0017| transferred to any local option district in any calendar year;
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0018| (3) the dispenser's or retailer's licenses
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0019| transferred under this section shall count in the computation
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0020| of the limitation of the maximum number of licenses that may be
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0021| issued in the future in any local option district as provided
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0022| in Section 60-6A-18 NMSA 1978 for the purpose of determining
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0023| whether additional licenses may be issued in the local option
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0024| district under the provisions of Subsection E of Section 60-6B-
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0025| 2 NMSA 1978; and
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0001| (4) the dispenser's or retailer's licenses
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0002| shall be operated or leased by the person who transfers the
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0003| license to the local option district for at least a period of
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0004| one year from the date of the approval of the transfer by the
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0005| department.
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0006| B. Transfers of location of each liquor license
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0007| pursuant to Subsection A of this section shall become effective
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0008| upon approval of the local governing body, unless within one
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0009| hundred twenty days after the effective date of the Liquor
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0010| Control Act a petition requesting an election on the question
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0011| of approval of statewide transfers of liquor licenses into that
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0012| local option district is filed with the clerk of the local
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0013| option district and the petition is signed by at least five
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0014| percent of the number of registered voters of the district.
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0015| The clerk of the district shall verify the petition signatures.
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0016| If the petition is verified as containing the required number
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0017| of signatures of registered voters, the governing body shall
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0018| adopt a resolution calling an election on the question of
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0019| approving or disapproving statewide transfers of liquor
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0020| licenses into that district [during the period of economic
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adjustment]. Notice of such election shall be published as
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0022| provided in Section 3-8-35 NMSA 1978, and the election shall be
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0023| held within sixty days after the date the petition is verified
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0024| or it may be held in conjunction with a regular election of the
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0025| governing body if such election occurs within sixty days after
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0001| the date of verification. If a majority of the registered
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0002| voters of the district voting in such election votes to approve
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0003| statewide transfers of liquor licenses into the local option
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0004| district, each license proposing to be transferred shall be
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0005| subject to the approval of the governing body. If the voters
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0006| of the district voting in the election vote against the
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0007| approval, then all statewide transfers of liquor licenses
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0008| pursuant to Subsection A of this section shall be prohibited in
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0009| that district, unless a petition is filed requesting the
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0010| question be again submitted to the voters as provided in this
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0011| subsection. The question of approving or disapproving
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0012| statewide transfers of liquor licenses into the local option
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0013| district shall not be submitted again within two years from the
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0014| date of the last election on the question.
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0015| C. Any dispenser's license transferred pursuant to
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0016| this section outside its local option district shall only
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0017| entitle the licensee to sell, serve or permit the consumption
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0018| of alcoholic beverages by the drink on the licensed premises.
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0019| D. Rural dispenser's, rural retailer's and rural
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0020| club licenses issued under any former act may be transferred to
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0021| any location, subject to the restrictions as to location
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0022| contained in the Liquor Control Act, within the unincorporated
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0023| area of the county in which they are currently located;
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0024| provided they shall not be transferred to any location within
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0025| ten miles of another licensed premises; and provided further
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0001| that all requirements of the Liquor Control Act and department
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0002| regulations for the transfer of licenses are fulfilled."
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0003| Section 2. REPEAL.--Section 60-6B-13 NMSA 1978 (being
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0004| Laws 1981, Chapter 39, Section 115) is repealed.
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0005| Section 3. EMERGENCY.--It is necessary for the public
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0006| peace, health and safety that this act take effect immediately.
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0007| State of New Mexico
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0008| House of Representatives
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0009|
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0010| FORTY-THIRD LEGISLATURE
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0011| FIRST SESSION, 1997
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0012|
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0013|
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0014| March 4, 1997
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0015|
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0016|
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0017| Mr. Speaker:
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0018|
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0019| Your BUSINESS AND INDUSTRY COMMITTEE, to whom
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0020| has been referred
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0021|
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0022| HOUSE BILL 1133
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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, and thence referred to the
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0001| JUDICIARY COMMITTEE.
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0002|
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0003| Respectfully submitted,
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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|
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0009| Fred Luna, Chairman
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0010|
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0011|
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0012| Adopted Not Adopted
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0013|
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016| Date
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0017|
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0018| The roll call vote was 7 For 0 Against
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0019| Yes: 7
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0020| Excused: Alwin, Hobbs, Kissner, Lutz, Varela
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0021| Absent: Getty
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0022|
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0023|
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0024| G:\BILLTEXT\BILLW_97\H1133 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| March 10, 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 1133
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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.
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0017|
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0018| Respectfully submitted,
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0019|
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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| Thomas P. Foy, Chairman
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0025|
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0001|
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0002| Adopted Not Adopted
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0003|
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006| Date
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0007|
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0008| The roll call vote was 11 For 0 Against
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0009| Yes: 11
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0010| Excused: King, Rios
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0011| Absent: None
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0012|
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0013|
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0014| G:\BILLTEXT\BILLW_97\H1133
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| March 16, 1997
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0021|
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0022| Mr. President:
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0023|
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0024| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0025| referred
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0001|
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0002| HOUSE BILL 1133
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0003|
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0004| has had it under consideration and reports same with
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0005| recommendation that it DO PASS.
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0006|
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0007| Respectfully submitted,
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0008|
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0009|
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0010|
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0011|
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0012| __________________________________
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0013| Shannon Robinson, Chairman
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0014|
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0015|
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0016|
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0017| Adopted_______________________ Not
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0018| Adopted_______________________
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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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: Boitano, Garcia, Ingle, Rodarte
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0005| Absent: None
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0006|
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0007|
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0008| H1133PA1
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