0001| HOUSE BILL 1168
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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| MIGUEL P. GARCIA
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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 ALCOHOLIC BEVERAGES; EXPANDING THE GROUNDS FOR
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0012| DENYING AN APPLICATION FOR A LICENSE AND FOR REVOCATION OR
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0013| SUSPENSION OF A LICENSE PURSUANT TO THE LIQUOR CONTROL ACT;
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0014| AMENDING AND ENACTING SECTIONS OF THE 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. A new section of the Liquor Control Act,
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0018| Section 60-6B-2.1 NMSA 1978, is enacted to read:
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0019| "60-6B-2.1. [NEW MATERIAL] GROUNDS FOR REFUSAL TO
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0020| ISSUE A LICENSE.--The director may refuse to approve an
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0021| application for issuance of a new license or transfer of
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0022| ownership of a license under the Liquor Control Act if the
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0023| director has reasonable grounds to believe that there is a
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0024| history of serious and persistent problems involving
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0025| disturbances, lewd or unlawful activities or noise either on
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0001| the premises proposed to be licensed or in the immediate
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0002| vicinity of the premises. Behavior that constitutes grounds
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0003| for refusal of a license pursuant to this section, where
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0004| related to the sale or service of alcoholic beverages, includes
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0005| but is not limited to obtrusive or excessive noise, music or
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0006| sound vibrations; public drunkenness; fights; altercations;
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0007| harassment; unlawful drug sales or other unlawful activities;
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0008| litter related to or resulting from the consumption of
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0009| alcoholic beverages; trespassing on private property; and
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0010| public urination. A history of such behavior in or related to
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0011| licensed premises currently or previously operated by the
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0012| applicant may be considered when reasonable inference may be
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0013| made that similar activities will occur in or related to the
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0014| premises proposed to be licensed."
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0015| Section 2. Section 60-6C-1 NMSA 1978 (being Laws 1981,
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0016| Chapter 39, Section 97, as amended) is amended to read:
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0017| "60-6C-1. GROUNDS FOR SUSPENSION, REVOCATION OR
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0018| ADMINISTRATIVE FINE--REPORTING REQUIREMENT.--
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0019| A. The director may suspend or revoke the license
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0020| or permit or fine the licensee in an amount not more than ten
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0021| thousand dollars ($10,000), or both, when he finds that any
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0022| licensee has:
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0023| (1) violated any provision of the Liquor
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0024| Control Act or any regulation or order promulgated pursuant to
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0025| that act;
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0001| (2) been convicted of a felony pursuant to the
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0002| provisions of the Criminal Code, the Liquor Control Act or
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0003| federal law; or
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0004| (3) permitted his licensed premises to remain a
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0005| public nuisance in the neighborhood where it is located after
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0006| written notice from the director that investigation by the
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0007| department has revealed that the establishment is a public
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0008| nuisance in the neighborhood. The licensee's establishment
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0009| shall be considered a public nuisance if the director finds
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0010| that there is a history of serious and persistent problems
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0011| involving disturbances, lewd or unlawful activities or noise
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0012| either on the licensed premises or in the immediate vicinity of
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0013| the licensed premises. Behavior that constitutes a public
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0014| nuisance includes but is not limited to obtrusive or excessive
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0015| noise, music or sound vibrations; public drunkenness; fights;
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0016| altercations; harassment; unlawful drug sales or other unlawful
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0017| activities; litter related to or resulting from the consumption
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0018| of alcoholic beverages; trespassing on private property; and
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0019| public urination.
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0020| B. The director shall suspend or revoke the license
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0021| or permit and may fine the licensee in an amount not to exceed
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0022| ten thousand dollars ($10,000), or both, when he finds that any
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0023| licensee or:
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0024| (1) his employee or agent knowingly has sold,
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0025| served or given any alcoholic beverage to a minor in violation
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0001| of Section 60-7B-1 NMSA 1978 or to an intoxicated person in
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0002| violation of Section 60-7A-16 NMSA 1978, on two separate
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0003| occasions within any twelve-month period; or
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0004| (2) his agent has made any material false
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0005| statement or concealed any material facts in his application
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0006| for the license or permit granted him pursuant to the
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0007| provisions of the Liquor Control Act.
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0008| C. In addition to other penalties provided in this
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0009| section, any retailer or dispenser who violates the provisions
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0010| of Section 60-7A-16 or 60-7B-1 NMSA 1978 by selling, serving or
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0011| delivering alcoholic beverages to an intoxicated person or a
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0012| minor through a drive-up window at a minimum shall have:
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0013| (1) upon a first violation of this subsection,
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0014| the privilege to sell alcoholic beverages or any other goods
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0015| from his drive-up window suspended by the director for a period
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0016| of two weeks;
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0017| (2) upon a second violation of this
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0018| subsection, the privilege to sell alcoholic beverages or any
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0019| other goods from his drive-up window suspended by the director
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0020| for a period of thirty days;
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0021| (3) upon a third violation of this subsection,
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0022| the privilege to sell alcoholic beverages or any other goods
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0023| from his drive-up window suspended by the director for a period
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0024| of sixty days; and
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0025| (4) upon a fourth violation of this subsection
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0001| within two years of any other violations of Section 60-7A-16 or
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0002| 60-7B-1 NMSA 1978, the privilege to sell alcoholic beverages or
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0003| any other goods from his drive-up window revoked by the
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0004| director and the drive-up window permanently closed.
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0005| D. Any licensee aggrieved by a revocation,
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0006| suspension or fine proposed to be imposed by the director
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0007| pursuant to this section shall be entitled to the hearing
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0008| procedures set forth in [Article 6C of] Chapter 60, Article
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0009| 6C NMSA 1978 before the revocation, suspension or fine shall
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0010| be effective.
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0011| E. Any charge filed against a licensee by the
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0012| department and the resulting disposition of the charge shall be
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0013| reported to the department of public safety and local law
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0014| enforcement agencies whose jurisdictions include the licensed
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0015| establishment."
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0016| State of New Mexico
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0017| House of Representatives
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0018|
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0019| FORTY-THIRD LEGISLATURE
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0020| FIRST SESSION, 1997
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0021|
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0022|
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0023| March 16, 1997
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0024|
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0025|
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0001| Mr. Speaker:
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0002|
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0003| Your BUSINESS AND INDUSTRY COMMITTEE, to whom
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0004| has been referred
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0005|
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0006| HOUSE BILL 1168
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0007|
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0008| has had it under consideration and reports same with
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0009| recommendation that it DO PASS, amended as follows:
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0010|
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0011| 1. On page 1, line 20, strike "The" and insert in lieu
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0012| thereof "In the unincorporated area of a class A county with a
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0013| population of greater than two hundred thousand persons as
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0014| determined by the 1990 federal decennial census, the".
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0015|
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0016| 2. On page 3, line 7, after the period strike "The" and
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0017| insert in lieu thereof "In the unincorporated area of a class A
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0018| county with a population of greater than two hundred thousand
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0019| persons as determined by the 1990 federal decennial census,
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0020| the".,
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0021|
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0022| and thence referred to the JUDICIARY COMMITTEE.
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0023|
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005|
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0006| Fred Luna, Chairman
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013| Date
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0014| The roll call vote was 7 For 0 Against
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0015| Yes: 7
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0016| Excused: Alwin, Getty, Gubbels, Kissner, Olguin,
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0017| Varela
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0018| Absent: None
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0019|
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0020|
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0021| .118237.1
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0022| G:\BILLTEXT\BILLW_97\H1168 State of New Mexico
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0023| House of Representatives
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION, 1997
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0002|
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0003|
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0004| March 19, 1997
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0005|
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0006|
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0007| Mr. Speaker:
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0008|
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0009| Your JUDICIARY COMMITTEE, to whom has been referred
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0010|
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0011| HOUSE BILL 1168, as amended
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021|
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0022| Thomas P. Foy, Chairman
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0023|
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0024|
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0025| Adopted Not Adopted
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0001|
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004| Date
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0005|
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0006| The roll call vote was 8 For 0 Against
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0007| Yes: 8
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0008| Excused: Alwin, Mallory, Rios, Sanchez, Stewart
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0009| Absent: None
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0010|
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0011|
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0012| G:\BILLTEXT\BILLW_97\H1168
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