0001| SENATE BILL 274
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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| RICHARD M. ROMERO
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0005|
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0006|
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0007|
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0008| FOR THE ELECTION CODE RECODIFICATION COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO ELECTIONS; MOVING THE TIME THAT LOCAL SCHOOL BOARD,
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0012| BRANCH COMMUNITY COLLEGE BOARD, TECHNICAL AND VOCATIONAL
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0013| INSTITUTE BOARD AND AREA VOCATIONAL SCHOOL BOARD ELECTIONS ARE
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0014| HELD; AMENDING SECTIONS OF THE ELECTION CODE AND 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. Section 1-22-3 NMSA 1978 (being Laws 1985,
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0018| Chapter 168, Section 5) is amended to read:
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0019| "1-22-3. SCHOOL DISTRICT ELECTIONS--QUALIFICATIONS OF
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0020| CANDIDATES.--
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0021| A. A school district election shall be held in each
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0022| school district to elect qualified persons to membership on a
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0023| local school board. No person shall become a candidate for
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0024| membership on a board unless his record of voter registration
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0025| shows that he is a qualified elector of the state and a
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0001| resident of the school district in which he is a candidate.
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0002| B. A regular school district election shall be held
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0003| in each school district on the [first Tuesday in February]
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0004| second Tuesday in November of each odd-numbered year.
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0005| C. A school district election held at any time
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0006| other than the date for the regular school district election
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0007| shall be a special school district election.
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0008| D. Except as otherwise provided in the School
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0009| Election Law, school district elections shall be called,
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0010| conducted and canvassed as provided in the Election Code."
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0011| Section 2. Section 1-22-4 NMSA 1978 (being Laws 1985,
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0012| Chapter 168, Section 6, as amended) is amended to read:
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0013| "1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.--
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0014| A. The board shall by resolution issue a public
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0015| proclamation in Spanish and English calling a regular school
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0016| district election within the school district on the date
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0017| prescribed by the School Election Law. The proclamation shall
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0018| be filed by the superintendent with the county clerk of record
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0019| on the [last Friday in November] first Friday in September
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0020| of the [even-numbered] odd-numbered year immediately
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0021| preceding the date of the election.
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0022| B. The proclamation shall specify:
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0023| (1) the date when the election will be held;
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0024| (2) the positions on the board to be filled;
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0025| (3) the date on which declarations of
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0001| candidacy are to be filed;
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0002| (4) the date on which declarations of intent
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0003| to be a write-in candidate are to be filed;
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0004| (5) the questions to be submitted to the
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0005| voters;
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0006| (6) the precincts in each county in which the
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0007| election is to be held and the location of each polling place;
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0008| (7) the hours each polling place will be open;
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0009| and
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0010| (8) the date and time of the closing of the
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0011| registration books by the county clerk of record as required by
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0012| law.
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0013| C. After [filing] the proclamation is filed by
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0014| the superintendent with the county clerk of record and not
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0015| less than fifty days before the date of the election, the
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0016| county clerk of record shall publish the proclamation at least
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0017| once in a newspaper of general circulation within the school
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0018| district. The publication of the proclamation shall conform to
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0019| the requirements of the federal Voting Rights Act of 1965, as
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0020| amended."
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0021| Section 3. Section 1-22-7 NMSA 1978 (being Laws 1985,
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0022| Chapter 168, Section 9) is amended to read:
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0023| "1-22-7. DECLARATION OF CANDIDACY--FILING DATE--PENALTY.-
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0024| -
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0025| [A. A declaration of candidacy for membership on
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the board to be filled at a regular school district election
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shall be filed with the proper filing officer during the period
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commencing at 9:00 a.m. on the third Tuesday in December of the
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even-numbered year immediately preceding the date of the
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regular school district election and ending at 5:00 p.m. on the
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same day.
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B. A declaration of candidacy for membership on the
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board to be filled at a special school district election shall
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be filed with the proper filing officer during the period
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commencing at 9:00 a.m. on the forty-eighth day before the
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election and ending at 5:00 p.m. on the same day.]
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0012| A. A person seeking a school board position that
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0013| will be filled at a regular school district election shall file
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0014| a declaration of candidacy with the proper filing officer
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0015| between the hours of 9:00 a.m. and 5:00 p.m. on the fourth
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0016| Tuesday in September of the odd-numbered year immediately
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0017| preceding the date of that election.
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0018| B. A person seeking a school board position that
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0019| will be filled at a special school district election shall file
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0020| a declaration of candidacy with the proper filing officer
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0021| between the hours of 9:00 a.m. and 5:00 p.m. on the forty-
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0022| eighth day before the election.
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0023| C. Any person who knowingly [making] makes a
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0024| false statement in his declaration of candidacy is guilty of a
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0025| fourth degree felony."
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0001| Section 4. Section 3-8-9 NMSA 1978 (being Laws 1985,
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0002| Chapter 208, Section 17, as amended) is amended to read:
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0003| "3-8-9. ELECTION SCHEDULING--CONFLICTS--NOTICE.--
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0004| A. Except as otherwise provided by law, no
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0005| municipal election shall be held within [forty-two] thirty
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0006| days prior to or within [thirty] twenty-five days after any
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0007| statewide special, general or primary election or any regular
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0008| school district election. Whenever a municipal election would
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0009| be or has been scheduled within the prohibited time, the
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0010| governing body shall adopt an election resolution scheduling or
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0011| rescheduling the election on a date as soon as is practicable
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0012| outside the prohibited period and in compliance with the
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0013| requirements of the Municipal Election Code and any other
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0014| statute specifically related to such election. If an election
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0015| resolution has already been adopted, the new election
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0016| resolution shall supersede the existing election resolution and
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0017| the new election resolution shall be published as required by
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0018| the Municipal Election Code.
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0019| B. Except as otherwise provided by law, one or more
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0020| municipal special elections, including but not limited to bond
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0021| elections, may be held in conjunction with a regular municipal
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0022| election or one or more special municipal elections.
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0023| C. When concurrent elections are called for,
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0024| publications, notices, selection of precinct boards, election
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0025| schools, ordering election supplies, conduct of the election,
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0001| canvassing, record keeping and all other election matters shall
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0002| be conducted to comply with all election requirements for each
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0003| such election as if it were held separately. However, any
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0004| requirement may be satisfied by a combined action if such
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0005| action would satisfy the requirements set by law for each
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0006| individual election. Allowable combined actions include but
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0007| are not limited to, combined:
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0008| (1) publications;
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0009| (2) notices;
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0010| (3) appointment of precinct boards;
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0011| (4) ordering of election supplies;
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0012| (5) conduct of election;
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0013| (6) canvassing; and
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0014| (7) record keeping."
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0015| Section 5. Section 21-14-2.1 NMSA 1978 (being Laws 1985,
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0016| Chapter 238, Section 29) is amended to read:
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0017| "21-14-2.1. BRANCH COMMUNITY COLLEGE BOARD--LOCAL
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0018| OPTION.--
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0019| A. A majority of the local board of education or
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0020| the combined boards of education acting as a single board may
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0021| cease to operate as the branch community college board and
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0022| provide for an elected branch community college board. In that
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0023| event, the majority of the local board of education or the
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0024| combined boards of education acting as a single board shall
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0025| elect five persons as members of the branch community college
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0001| board. The persons elected shall be assigned position numbers
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0002| one through five. Board members shall be over twenty-one years
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0003| of age, qualified electors and residents of the branch
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0004| community college district. The members of the board shall
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0005| continue to serve until the next regular branch community col-
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0006|
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0007| lege election, to be held on the [first Tuesday of February]
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0008| second Tuesday of November of each odd-numbered year, at
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0009| which time five board members shall be elected by the
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0010| registered voters of the branch community college district.
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0011| The candidates shall file for and be elected to a particular
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0012| position number. The candidate receiving the highest number of
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0013| votes for a particular position shall be elected. At the first
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0014| board meeting after the election, the five members shall draw
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0015| lots for the following terms: two for terms of two years and
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0016| three for terms of four years. Thereafter, board members shall
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0017| be elected for terms of four years from [March 1] December
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0018| 1 succeeding their election. All vacancies caused in any
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0019| other manner than by the expiration of the term of office shall
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0020| be filled by appointment by the remaining members.
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0021| B. Immediately after the election of the five
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0022| members by the assembled board of education members, the board
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0023| shall select from its members a chairman and secretary who
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0024| shall serve in these offices until the next regular branch
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0025| community college board election. After each branch community
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0001| college board election, the members shall proceed to
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0002| reorganize.
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0003| C. The duties of the board shall continue as set
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0004| out in Chapter 21, Article 14 NMSA 1978."
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0005| Section 6. Section 21-16-5 NMSA 1978 (being Laws 1963,
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0006| Chapter 108, Section 5, as amended) is amended to read:
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0007| "21-16-5. BOARD.--
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0008| A. The initial board of [the] a technical and
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0009| vocational institute district shall be composed of:
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0010| (1) the board of the initiating school
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0011| district, if only one school district is involved; or
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0012| (2) if more than one school district is
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0013| involved in the initiation of the technical and vocational
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0014| institute district, one member delegated from each
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0015| participating school board. If there are an even number of
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0016| participating school districts, the boards of all participating
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0017| school districts shall jointly appoint an additional member to
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0018| the governing board of the technical and vocational institute
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0019| district, who shall serve as a member at large.
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0020| B. At the second school board election held
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0021| pursuant to Section 1-22-3 NMSA 1978 following the creation of
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0022| the technical and vocational institute district, an election
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0023| shall be held to elect seven members to the institute board to
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0024| replace the members holding office under the provisions of
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0025| Subsection A of this section.
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0001| (1) Except where specific provision is
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0002| otherwise provided by law, all election proceedings for
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0003| institute district elections shall be conducted pursuant to the
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0004| provisions of the School Election Law with the president of the
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0005| technical and vocational institute serving in the place of
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0006| the superintendent of schools in every case.
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0007| (2) The board shall consist of seven separate
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0008| positions, and each position shall be designated by number.
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0009| Qualified electors seeking election to the board shall file and
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0010| run for only one of the numbered positions.
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0011| (3) At the second school board election to be
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0012| held following the creation of the technical and vocational
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0013| institute district, members of the board elected to positions
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0014| 1, 3, 5 and 7 shall be elected for two-year terms and members
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0015| elected to positions 2, 4 and 6 shall be elected for four-year
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0016| terms. Thereafter, each board member shall be elected for a
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0017| term of four years. The elections shall be held in the same
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0018| manner and at the same time as regular school district
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0019| elections on the [first Tuesday in February] second Tuesday
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0020| in November of each odd-numbered year.
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0021| C. A vacancy occurring on the board shall be filled
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0022| in the same manner as provided for school board vacancies in
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0023| Section 22-5-9 NMSA 1978."
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0024| Section 7. Section 21-17-4 NMSA 1978 (being Laws 1967,
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0025| Chapter 177, Section 4, as amended) is amended to read:
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0001| "21-17-4. DESIGNATION AS AN AREA VOCATIONAL SCHOOL BY THE
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0002| STATE BOARD.--
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0003| A. Upon receipt and examination of the plan and
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0004| supporting evidence, the state board shall conduct hearings,
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0005| investigate records and procure such other information relating
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0006| to vocational training as it deems necessary and appropriate.
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0007| B. If the state board finds that the plan provides
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0008| an adequate, broad vocational and technical educational pro-
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0009|
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0010| gram, serves sufficient students for an economical operation,
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0011| provides for adequate financing and sensibly relates to a
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0012| statewide pattern for development of vocational and technical
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0013| education, the state board may approve the plan.
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0014| C. Upon approval by the state board the board of
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0015| each school district concerned shall present the proposal for
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0016| the creation of an area vocational school district on a
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0017| separate ballot at the time of the next school board election
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0018| or at any separate election called for that purpose. If a
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0019| majority of those qualified ad valorem tax paying electors who
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0020| are not delinquent in the payment of their ad valorem tax,
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0021| voting in the election in each school district concerned,
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0022| [vote] votes in favor of establishing an area vocational
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0023| school district, the board of each school district concerned
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0024| shall declare the organization of the area vocational school
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0025| district.
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0001| D. After approval by the state board of the plan,
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0002| the school shall be officially designated by the state board as
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0003| an area vocational school, shall be operated in accordance with
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0004| provisions in the state plan for vocational education and shall
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0005| meet all other requirements of an accredited school.
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0006| E. At the next school board election held pursuant
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0007| to [Section 22-6-1 NMSA 1978] Section 1-22-3 NMSA 1978, an
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0008| election may be held to elect five members to the area
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0009| vocational school board to replace the local school board as
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0010| the governing board of the area vocational school.
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0011| (1) Except where specific provision is
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0012| otherwise provided by law, all election proceedings for area
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0013| vocational school elections shall be conducted pursuant to the
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0014| [provisions of Sections 22-6-1 through 22-6-34 NMSA 1978]
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0015| School Election Law with the president of the area vocational
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0016| school serving in the place of the superintendent of schools in
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0017| every case.
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0018| (2) The board shall consist of five separate
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0019| positions, and each position shall be designated by number.
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0020| Qualified electors seeking election to the board shall file and
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0021| run for only one of the numbered positions.
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0022| (3) [At the next regular school board
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election, members of the board elected to positions 1, 3 and 5
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shall be elected for terms ending February 28, 1989, and
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members elected to positions 2 and 4 shall be elected for terms
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ending February 28, 1991. Thereafter, each] A board member
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0002| shall be elected for a term of four years. The elections shall
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0003| be held in the same manner and at the same time as regular
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0004| school district elections on the [first Tuesday in February]
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0005| second Tuesday in November of each odd-numbered year
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0006| [beginning with the election to be held in February of 1987].
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0007| F. A vacancy occurring on the board shall be filled
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0008| in the same manner as provided for school board vacancies in
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0009| Section 22-5-9 NMSA 1978.
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0010| G. A member of the board may be recalled pursuant
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0011| to the provisions of [Sections 22-7-1 through 22-7-16 NMSA
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1978 except that a recall election may be held only at the
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same time as a regular school district election] Article 12,
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0014| Section 14 of the constitution of New Mexico."
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0015| Section 8. Section 22-5-8 NMSA 1978 (being Laws 1967,
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0016| Chapter 16, Section 31, as amended) is amended to read:
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0017| "22-5-8. TERM OF OFFICE.--
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0018| A. The full term of office [of] for a member of
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0019| a local school board shall be four years from [March 1]
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0020| December 1 succeeding his election to office at a regular
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0021| school district election.
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0022| B. Any member of a local school board whose term of
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0023| office has expired shall continue in that office until his
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0024| successor is elected and qualified."
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0025| Section 9. TEMPORARY PROVISION--TERM OF OFFICE.--The term
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0001| of office for a local school board member, a branch community
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0002| college board member, a member of a board of a technical and
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0003| vocational institute or an area vocational school board member
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0004| that would have expired on March 1, 1999, shall be extended
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0005| until December 1, 1999. On that date, the term of office of
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0006| his successor elected on the new election day of the second
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0007| Tuesday in November shall begin. All subsequent terms of
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0008| office shall be for the regular term.
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0009| Section 10. EFFECTIVE DATE.--The effective date of the
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0010| provisions of this act is July 1, 1997.
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0011| - 13 -
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0012|
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0013|
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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|
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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| February 25, 1997
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0024|
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0025| Mr. President:
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0001|
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0002| Your RULES COMMITTEE, to whom has been referred
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0003|
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0004| SENATE BILL 274
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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| PUBLIC AFFAIRS 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|
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0015| __________________________________
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0016| Gloria Howes, Chairman
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0017|
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0018|
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0019|
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0020| Adopted_______________________ Not
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0021| Adopted_______________________
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0022| (Chief Clerk) (Chief Clerk)
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0023|
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0024|
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0025| Date ________________________
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0001|
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0002|
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0003| The roll call vote was 6 For 0 Against
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0004| Yes: 6
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0005| No: 0
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0006| Excused: Aragon, Gorham
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0007| Absent: None
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0008|
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0009|
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0010| SO274RU1
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0011|
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0012|
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0013|
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0014| FORTY-THIRD LEGISLATURE
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0015| FIRST SESSION, 1997
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0016|
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0017|
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0018| February 25, 1997
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0019|
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0020| Mr. President:
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0021|
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0022| Your RULES COMMITTEE, to whom has been referred
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0023|
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0024| SENATE BILL 274
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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, and thence referred to the
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0003| PUBLIC AFFAIRS COMMITTEE.
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0004|
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0005| Respectfully submitted,
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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| __________________________________
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0011| Gloria Howes, Chairman
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0012|
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0013|
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0014|
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0015| Adopted_______________________ Not
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0016| Adopted_______________________
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019|
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0020| Date ________________________
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0021|
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0022|
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0023| The roll call vote was 6 For 0 Against
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0024| Yes: 6
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0025| No: 0
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0001| Excused: Aragon, Gorham
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0002| Absent: None
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0003|
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0004|
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0005| SO274RU1
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0006|
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0007|
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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 16, 1997
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0014|
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0015| Mr. President:
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0016|
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0017| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
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0018|
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0019| SENATE BILL 274
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0020|
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0021| has had it under consideration and reports same WITHOUT
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0022| RECOMMENDATION.
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0023|
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0024| Respectfully submitted,
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0025|
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0001|
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0002|
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0003| __________________________________
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0004| Shannon Robinson, Chairman
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0005|
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0006|
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0007|
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0008| Adopted_______________________ Not Adopted_______________________
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011|
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0012|
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0013| Date ________________________
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0014|
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0015|
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0016| The roll call vote was 6 For 0 Against
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0017| Yes: 6
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0018| No: 0
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0019| Excused: Adair, Boitano, Vernon
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0020| Absent: None
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0021|
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0022|
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0023|
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0024| S0274PA1 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 20, 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 VOTERS AND ELECTIONS COMMITTEE, to whom has been
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0012| referred
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0013|
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0014| SENATE BILL 274
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS, amended as follows:
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0018|
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0019| 1. On page 11, line 19, strike "A" and insert in lieu thereof:
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0020|
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0021| "At the school board election following the designation of a school as
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0022| an area vocational school by the state board, members of the board
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0023| elected to positions 1, 3 and 5 shall be elected for two-year terms
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0024| and members elected to positions 2 and 4 shall be elected for four-
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0025| year terms. Thereafter, each".
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0001|
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0002| 2. On page 12, line 22, strike the comma and insert in lieu
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0003| thereof ", or March 1, 2001,".
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0004|
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0005| 3. On page 12, line 23, strike the period, strike "On that date,"
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0006| and insert in lieu thereof "and until December 1, 2001, respectively.
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0007| On those dates,".
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0008|
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0009| Respectfully submitted,
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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| (Chief Clerk) (Chief Clerk)
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0019|
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0020| Date
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0021|
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0022| The roll call vote was 7 For 0 Against
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0023| Yes: 7
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0024| Excused: Buffett, Lujan, Madalena, Nicely, Sanchez
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0025| Absent: None
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0001|
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0002|
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0003| .116623.1
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0004| .118142.1
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0005| G:\BILLTEXT\BILLW_97\S0274
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