0001|                           HOUSE BILL 1306
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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|                             GAIL C. BEAM
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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 UNIVERSITY RESEARCH PARKS; EXPANDING THE SCOPE
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0012|     OF UNIVERSITY RESEARCH PARKS TO INCLUDE UTILITY AND HEALTH
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0013|     CARE FACILITIES AND EXPANDING THE PURPOSES TO INCLUDE THE
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0014|     ADVANCEMENT OF CONSERVATION AND HEALTH CARE; AMENDING
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0015|     CERTAIN SECTIONS OF THE NMSA 1978.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  Section 21-28-2 NMSA 1978 (being Laws 1989, Chapter 264,
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0019|     Section 2) is amended to read:
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0020|          "21-28-2.  RESEARCH PARK--PURPOSE.--The purpose of the University
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0021|     Research Park Act is to promote the public welfare and prosperity of the people of
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0022|     New Mexico and foster economic development within the state by forging links be-
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0023|     
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0024|     tween the state's educational institutions, business and industrial communities and
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0025|     government through the development of research parks on university real property and
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0001|     through other cooperative ventures of innovative technological significance <s>[which]</s>
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0002|     <u>that</u> will advance education, <u>science</u>, research, <u>conservation, health care</u> or economic
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0003|     development within the state."
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0004|          Section 2.  Section 21-28-3 NMSA 1978 (being Laws 1989, Chapter 264,
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0005|     Section 3) is amended to read:
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0006|          "21-28-3.  DEFINITIONS.--As used in the University Research Park Act:
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0007|               A.  "bond" or "bonds" means any bond, note or other evidence of
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0008|     indebtedness;
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0009|               B.  "regents" means the board of regents of a university;
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0010|               C.  "research park" means research and development facilities, research
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0011|     institutes, testing laboratories, offices, light manufacturing, <u>utility facilities, health care
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<u></u>0012| <u>    facilities,</u> businesses and government installations and similar facilities, together with
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0013|     land, including all necessary appurtenances, rights and franchises acquired, constructed
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0014|     and developed by a university or under its authority <s>[which]</s> <u>that</u> are suitable or
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0015|     necessary to promote the social welfare of the state of New Mexico through the
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0016|     advancement of education, science, research, <u>conservation, health care</u>, economic
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0017|     development and related purposes;
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0018|               D.  "research park corporation" means any corporation formed pursuant
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0019|     to the provisions of the University Research Park Act;
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0020|               E.  "technological innovations" means research,  development,
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0021|     prototype assembly, manufacture, patenting, licensing, marketing and sale of
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0022|     inventions, ideas, practices, applications, processes, machines, technology and related
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0023|     property rights of all kinds; and
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0024|               F.  "university" means a New Mexico educational institution established
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0025|     pursuant to the provisions of Article 12, Section 11 of the constitution of New
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0001|     Mexico."
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0002|          Section 3.  Section 21-28-6 NMSA 1978 (being Laws 1989, Chapter 264,
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0003|     Section 6) is amended to read:
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0004|          "21-28-6.  POWERS OF RESEARCH PARK CORPORATION.--A research
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0005|     park corporation shall have all the powers necessary and convenient to carry out and
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0006|     effectuate the provisions of the University Research Park Act, including but not limited
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0007|     to the power <u>to</u>:
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0008|               A. <s>[to]</s> approve or disapprove <s>[research]</s> proposals;
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0009|               B. <s>[to]</s> sue and be sued in its corporate name;
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0010|               C. <s>[to]</s> purchase, take, receive or otherwise acquire, own, hold, use
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0011|     and otherwise deal in and with real property or personal property, including intangible
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0012|     personal property and intellectual property and technological innovations or any
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0013|     interest therein;
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0014|               D. <s>[to]</s> sell, convey, pledge, exchange, transfer and otherwise dispose
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0015|     of all or any part of any of its assets and properties for such consideration upon such
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0016|     terms and conditions as the corporation shall determine; provided that any sale,
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0017|     conveyance, pledge, exchange, transfer or disposal of any real property interest by a
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0018|     research park corporation shall be made in accordance with the provisions of Section
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0019|     13-6-2 NMSA 1978;
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0020|               E. <s>[to]</s> make contracts, incur liabilities and borrow money at such
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0021|     rates of interest as the research park corporation may determine;
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0022|               F. <s>[to]</s> make and execute all contracts, agreements and instruments
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0023|     necessary or convenient in the exercise of the powers and functions of the corporation
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0024|     granted by <s>[this]</s> <u>the University Research Park</u> Act;
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0025|               G. <s>[to]</s> receive and administer grants, contracts and private gifts;
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0001|               H. <s>[to]</s> invest and reinvest its funds;
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0002|               I. <s>[to]</s> conduct its activities, carry on its operations, have offices and
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0003|     exercise the powers granted by the University Research Park Act;
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0004|               J. <s>[to]</s> make and alter bylaws, not inconsistent with the University
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0005|     Research Park Act, for the administration and regulation of the affairs of research park
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0006|     corporations, and such bylaws may contain provisions indemnifying any person who is
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0007|     or was a director, officer, employee or agent of the corporation;
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0008|               K. <s>[to]</s> employ such officers and employees as it deems necessary, set
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0009|     their compensation and prescribe their duties;
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0010|               L. <s>[to]</s> enter into agreements with insurance carriers to insure against
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0011|     any loss in connection with its operations;
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0012|               M. <s>[to]</s> authorize retirement programs and other benefits for salaried
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0013|     officers and employees of the research park corporation;
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0014|               N. <s>[to]</s> employ fiscal consultants, attorneys and such other
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0015|     consultants and employees as may be required in its judgment and to fix and pay their
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0016|     compensation;
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0017|               O. <s>[to]</s> acquire, hold and dispose of intellectual property and
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0018|     technological innovations and enter into license agreements and contracts involving
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0019|     intellectual property and technological innovations such as patents, copyrights,
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0020|     franchises, trademarks and matters related thereto; and
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0021|               P. <s>[to]</s> do all things authorized by law not inconsistent with the
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0022|     provisions of the University Research Park Act."
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0023|          Section 4.  Section 21-28-7 NMSA 1978 (being Laws 1989, Chapter 264,
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0024|     Section 7, as amended) is amended to read:
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0025|          "21-28-7.  LIMITATIONS ON APPLICATION OF LAWS.--Except as
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0001|     provided in this section, a research park corporation shall not be deemed an agency or
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0002|     public body or other political subdivision of the state, including for purposes of
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0003|     applying statutes and laws relating to personnel, procurement of goods and services,
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0004|     meetings of the board of directors, gross receipts tax, disposition or acquisition of real
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0005|     or personal property, capital outlays, per diem and mileage and inspection of records. 
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0006|     A research park corporation shall be deemed an agency or other political subdivision of
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0007|     the state for purposes of applying statutes and laws relating to the <u>furnishing of goods
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<u></u>0008| <u>    and services to the university that operates it, the</u> risk management fund, and a
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0009|     research park corporation, its officers, directors and employees shall be granted
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0010|     immunity from liability for any tort as provided in the Tort Claims Act.  A research
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0011|     park corporation may also enter into agreements with insurance carriers to insure
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0012|     against any loss in connection with its operations even though the loss may be included
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0013|     among losses covered by the risk management fund of the state."
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0014|                                                         State of New Mexico
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0015|                      House of Representatives
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0016|   
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0017|                      FORTY-THIRD LEGISLATURE
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0018|                        FIRST SESSION, 1997
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0019|   
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0020|   
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0021|                                                   March 6, 1997
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0022|   
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0023|   
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0024|   Mr. Speaker:
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0025|   
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0001|        Your BUSINESS AND INDUSTRY COMMITTEE, to whom
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0002|   has been referred
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0003|   
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0004|                       HOUSE BILL 1306
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0005|                               
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0006|   has had it under consideration and reports same with
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0007|   recommendation that it DO PASS, and thence referred to the
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0008|   JUDICIARY COMMITTEE.
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0009|   
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0010|                                 Respectfully submitted,
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0011|   
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0012|   
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0013|   
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0014|                                 <u>                                
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<u></u>0015| <u>  
</u>    |
<u></u>0016| <u>                                </u>                             Fred Luna, Chairman
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0017|   
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0018|   
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0019|   Adopted <u>                    </u>     Not Adopted <u>                    
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<u></u>0020| <u>   </u>
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0021|             (Chief Clerk)                       (Chief Clerk)
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0022|   
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0023|                        Date <u>            </u>
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0024|   
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0025|   The roll call vote was<u> 10 </u> For<u> 0 </u> Against
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0001|   Yes:      10
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0002|             Excused:  Getty, Gubbels, Kissner
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0003|             Absent:   None
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0004|   
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0005|   
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0006|   G:\BILLTEXT\BILLW_97\H1306                       State of New Mexico
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0007|                      House of Representatives
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0008|   
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0009|                      FORTY-THIRD LEGISLATURE
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0010|                        FIRST SESSION, 1997
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0011|   
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0012|   
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0013|                                                  March 19, 1997
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0014|   
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0015|   
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0016|   Mr. Speaker:
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0017|   
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0018|        Your JUDICIARY COMMITTEE, to whom has been referred
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0019|   
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0020|                       HOUSE BILL 1306
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0021|                               
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0022|   has had it under consideration and reports same with
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0023|   recommendation that it DO PASS.
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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|                                 <u>                                
</u>    |
<u></u>0005| <u>  
</u>    |
<u></u>0006| <u>                                </u>                             Thomas P. Foy, Chairman
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0007|   
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0008|   
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0009|   Adopted <u>                    </u>     Not Adopted <u>                    
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<u></u>0010| <u>   </u>
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0011|             (Chief Clerk)                       (Chief Clerk)
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0012|   
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0013|                        Date <u>            </u>
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0014|   
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0015|   The roll call vote was<u> 8 </u> For<u> 0 </u> Against
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0016|   Yes:      8
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0017|             Excused:  Alwin, M.P. Garcia, King, Mallory, Rios
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0018|             Absent:   None
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0019|   
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0020|   
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0021|   G:\BILLTEXT\BILLW_97\H1306
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