0001| HOUSE BILL 1172
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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| NICK L. SALAZAR
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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; REVISING ELECTION PROCEDURES FOR THE
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0012| NUESTRA SENORA DEL ROSARIO, SAN FERNANDO Y SANTIAGO LAND GRANT;
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0013| AMENDING SECTIONS OF THE NMSA 1978.
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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 49-8-1 NMSA 1978 (being Laws 1909,
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0017| Chapter 52, Section 1) is amended to read:
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0018| "49-8-1. NUESTRA SENORA DEL ROSARIO, SAN FERNANDO Y
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0019| SANTIAGO GRANT--TRUSTEES--ELECTION. [Sec. 64.] The
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0020| government and control of the common lands of the land grant
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0021| known as the "Nuestra Senora del Rosario, San Fernando y
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0022| Santiago land grant" is [hereby] vested in [three] five
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0023| trustees, to be known officially as "the board of trustees of
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0024| the Nuestra Senora del Rosario, San Fernando y Santiago land
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0025| grant", who shall be elected [annually] biennially by the
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0001| owners of interests in [said] the grant either by
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0002| inheritance from the original grantees [thereof] or by
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0003| purchase from an heir [therein]."
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0004| Section 2. Section 49-8-2 NMSA 1978 (being Laws 1909,
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0005| Chapter 52, Section 2) is amended to read:
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0006| "49-8-2. ELECTIONS--RIGHT TO VOTE. [Sec. 65.]
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0007| A. [In each year] On the [second] first
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0008| Monday of April of each alternate year, an election shall be
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0009| held after the trustees [shall] have given at least [three]
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0010| seven days notice thereof by posting not less than five
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0011| notices in conspicuous places within [said] the grant,
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0012| which shall include the post offices at Truchas, Cordova,
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0013| formerly known as Quemado, and Chimayo. [The trustees shall
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0014| receive all written or printed ballots presented at said
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0015| election between the hours of 3 and 5 p.m., which ballots]
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0016| Except as provided in Chapter 49, Article 8 NMSA 1978, the
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0017| election shall be conducted as nearly as practical in the same
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0018| manner as provided in the Election Code for the conduct of
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0019| general elections, provided that the board of trustees of the
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0020| Nuestra Senora del Rosario, San Fernando y Santiago land grant
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0021| and the secretary of the board shall perform the functions
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0022| designated in that code for the county commission and the
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0023| county clerk, respectively, and provided further that no
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0024| registration shall be required. Official ballots for voting
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0025| shall contain the names of not [more] less than five owners
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0001| of interests in [said] the grant. [and shall canvass said
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0002| votes and declare] The five persons receiving the highest
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0003| number of votes [to] shall be elected as trustees for the
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0004| ensuing [year] two years.
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0005| B. At all elections, every owner of an undivided
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0006| interest in [said] the grant shall be entitled to one vote.
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0007| The trustees in charge of [such] the election shall prepare
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0008| from the best information obtainable a list of all owners of
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0009| interest in [said] the grant and shall deliver the [same]
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0010| list to their successors. Any person claiming to be the
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0011| owner of an interest whose claim is not admitted by the
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0012| trustees may file with them an oath in writing, stating that he
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0013| is [such] an owner and giving as fully as he can the chain
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0014| of title to [such] his interest [and]. If [such] his
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0015| claim [be] is substantiated by the oaths in writing of two
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0016| owners of such interests, he shall be permitted to vote at
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0017| [such] the election."
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0018| Section 3. Section 49-8-3 NMSA 1978 (being Laws 1909,
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0019| Chapter 52, Section 3) is amended to read:
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0020| "49-8-3. OFFICERS--MEETING--VACANCIES. [Sec. 66.] The
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0021| members of the board of trustees so elected shall meet within
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0022| one week after the election and organize by the election of a
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0023| president, secretary and treasurer who shall perform such
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0024| duties as may be required of them by [such] the board. A
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0025| majority of the board shall constitute a quorum for the
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0001| transaction of business. All meetings of [said] the board
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0002| shall be open to all owners of interests in [said] the
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0003| grant, who shall have the right to be present and to be heard
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0004| on all matters on which they may be interested. If a vacancy
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0005| [shall occur] occurs in [such] the board, the remaining
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0006| members [thereof] shall fill [such] the vacancy by
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0007| appointment until the next [annual] election. The board may
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0008| make such rules as to its meetings and order of business as it
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0009| [shall think] deems proper."
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0010| Section 4. Section 49-8-4 NMSA 1978 (being Laws 1909,
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0011| Chapter 52, Section 4) is amended to read:
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0012| "49-8-4. BOARD OF TRUSTEES--POWERS. [Sec. 67. Said]
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0013| The board of trustees shall have the following general
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0014| powers:
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0015| [1.] A. to control, care for and manage the
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0016| common lands of [said] the grant and all the property
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0017| pertaining thereto, [and] to prescribe the terms on which
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0018| they may be used and to make all necessary and proper
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0019| regulations for the government thereof;
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0020| [2.] B. to sue and be sued under the title
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0021| [aforesaid] set forth in Section 49-8-1 NMSA 1978;
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0022| [3.] C. to lease any portions of [said] the
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0023| common land or the pasturage thereon and to sell any timber,
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0024| wood, stone, grass or other product or personal property of
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0025| [said] the grant;
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0001| [4.] D. to pay all taxes and other expenses due
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0002| on [said] the common land; and
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0003| [5.] E. in case the income exceeds the
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0004| expenses, to expend the balance [in such] to benefit all the
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0005| owners equitably or for improvements upon [said] the
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0006| common land [as] that will be for the general benefit of
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0007| the owners.
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0008| The board of trustees shall make a report in writing of
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0009| its transactions during the preceding year, including an
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0010| account of all [moneys] money received and expended, at the
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0011| opening of the annual meeting of the owners [of interests at
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0012| the time of each annual election]."
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0013| State of New Mexico
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0014| House of Representatives
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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| February 27, 1997
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0021|
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0022|
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0023| Mr. Speaker:
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0024|
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0025| Your VOTERS AND ELECTIONS COMMITTEE, to whom has
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0001| been referred
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0002|
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0003| HOUSE BILL 1172
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO PASS.
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0007|
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0008| Respectfully submitted,
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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|
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0014| Edward C. Sandoval, Chairman
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0015|
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 9 For 0 Against
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0024| Yes: 9
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0025| Excused: Garcia, Lujan, Nicely
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0001| Absent: None
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0002|
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0003|
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0004| G:\BILLTEXT\BILLW_97\H1172
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997
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0008|
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0009|
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0010| March 8, 1997
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0011|
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0012| Mr. President:
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0013|
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0014| Your RULES COMMITTEE, to whom has been referred
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0015|
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0016| HOUSE BILL 1172
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0017|
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0018| has had it under consideration and reports same with
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0019| recommendation that it DO PASS.
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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| __________________________________
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0002| Gloria Howes, Chairman
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0003|
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0004|
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0005|
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0006| Adopted_______________________ Not
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0007| Adopted_______________________
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010|
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0011|
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0012| Date ________________________
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0013|
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0014|
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0015| The roll call vote was 5 For 0 Against
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0016| Yes: 5
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0017| No: 0
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0018| Excused: Altamirano, Aragon, Gorham
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0019| Absent: None
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0020|
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0021|
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0022| H1172RU1
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