0001|                           SENATE BILL 328
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          JOHN ARTHUR SMITH
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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 TRIBAL-STATE AGREEMENTS; ESTABLISHING PROCEDURES
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0012|     FOR NEGOTIATION, APPROVAL, EXECUTION AND AMENDMENT OF
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0013|     AGREEMENTS BETWEEN THE STATE AND INDIAN TRIBES; DECLARING AN
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0014|     EMERGENCY.
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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.  SHORT TITLE.--This act may be cited as the
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0018|     "Compact Negotiation Act".
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0019|          Section 2.  DEFINITIONS.--As used in the Compact
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0020|     Negotiation Act: 
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0021|               A.  "committee" means the joint legislative
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0022|     committee on compacts;
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0023|               B.  "compact" means an agreement:
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0024|                    (1)  entered into between a tribe and the
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0025|     state;
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0001|                    (2)  entered into pursuant to federal or state
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0002|     law; and
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0003|                    (3)  that is not valid unless approved by the
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0004|     legislature; 
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0005|               C.  "governor" means the governor of New Mexico;
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0006|     and
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0007|               D.  "tribe" means an Indian nation, tribe or pueblo
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0008|     located in whole or in part within the state.
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0009|          Section 3.  COMPACTS--NEGOTIATION--SUBMISSION TO
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0010|     COMMITTEE BY GOVERNOR--COMPACT PROVISIONS.--
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0011|               A.  A tribe may request the state in writing to
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0012|     negotiate a compact or to enter into negotiations to amend an
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0013|     approved and existing compact pursuant to action of its
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0014|     governing authority or a representative authorized by the
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0015|     compact to initiate negotiations for amendment of that
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0016|     compact.
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0017|               B.  The legislature by joint resolution or the
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0018|     governor may request a tribe to negotiate a compact or to
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0019|     enter into negotiations to amend an approved and existing
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0020|     compact by submitting a written request to the chief executive
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0021|     officer of the tribe or a representative authorized by an
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0022|     existing compact to negotiate modifications to that compact. 
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0023|               C.  The governor may designate a representative to
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0024|     negotiate the terms of a compact or an amendment, provided
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0025|     that no representative has been identified in the wording of
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0001|     the compact to be amended.  The designation shall be written,
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0002|     and a copy of the designation shall be delivered or mailed
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0003|     within three days of the designation to the attorney general,
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0004|     the speaker of the house of representatives and the president
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0005|     pro tempore of the senate.  The governor or the governor's
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0006|     designated representative is authorized to negotiate the terms
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0007|     of a compact or amendment on behalf of the state, but neither
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0008|     the representative nor the governor is authorized to execute a
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0009|     compact or amendment on behalf of the state without
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0010|     legislative approval granted pursuant to the provisions of
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0011|     Section 4 of the Compact Negotiation Act. 
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0012|               D.  If a proposed compact or amendment is agreed
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0013|     upon through negotiations, it shall be prepared and submitted
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0014|     by the governor to the committee within five days of the
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0015|     conclusion of negotiations.  The governor shall include in his
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0016|     submittal document his recommendation for approval of the
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0017|     proposed compact or amendment and comments about or analysis
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0018|     of its provisions.  
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0019|                    Section 4.  SUBMITTAL TO COMMITTEE--COMMITTEE ACTION--
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0020|     LEGISLATIVE ACTION.-- 
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0021|               A.  Submittal of a proposed compact or amendment
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0022|     occurs when the compact or amendment and the submittal
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0023|     document are received for the committee by the legislative
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0024|     council service.
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0025|               B.  The committee shall review the proposed compact
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0001|     or amendment and within twenty days after its receipt shall:
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0002|                    (1)  by written report to the legislature,
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0003|     recommend approval of the proposed compact or amendment; or 
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0004|                    (2)  by written transmittal document, propose
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0005|     specific modifications to the proposed compact or amendment
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0006|     and request the governor to resume negotiations with the
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0007|     tribe.
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0008|               C.  If the committee proposes specific
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0009|     modifications to the proposed compact or amendment, the
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0010|     governor or his designated representative shall resume
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0011|     negotiations with the tribe within twenty days of receipt of
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0012|     the transmittal document unless within that time period either
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0013|     the governor or the tribe refuses to negotiate further, in
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0014|     which case the governor shall notify the committee
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0015|     immediately.  If negotiations are resumed and a modified
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0016|     proposed compact or amendment is agreed to, the governor shall
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0017|     submit to the committee the modified proposed compact or
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0018|     amendment, together with any additional analysis or
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0019|     recommendations.  The approval process described in this
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0020|     section for the originally submitted proposed compact or
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0021|     amendment shall be followed for consideration of a proposed
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0022|     modified compact or a proposed modified amendment, except that
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0023|     the time limitation for review by the committee specified in
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0024|     Subsection B of this section is reduced to ten days.
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0025|               D.  Within five days of being notified that further
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0001|     negotiations are refused, the committee shall reconsider the
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0002|     proposed compact or amendment together with any changes agreed
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0003|     upon by the negotiating parties and submit to the legislature
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0004|     a written recommendation to approve the proposed compact or
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0005|     amendment or a written statement expressing no recommendation
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0006|     on the action that should be taken by the legislature.
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0007|               E.  The committee may return a proposed compact or
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0008|     amendment with suggested modifications to the governor and the
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0009|     tribe for renegotiation no more than three times.  After the
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0010|     third submittal for renegotiation, the committee shall submit
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0011|     a report in writing to the legislature making a recommendation
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0012|     to approve the proposed compact or amendment or making no
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0013|     recommendation.  The procedure for legislative review and
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0014|     approval remains the same as set forth in this section.
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0015|               F.  If the legislature is in session when the
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0016|     committee submits its recommendation, it shall at the same
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0017|     time prepare and introduce a joint resolution approving the
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0018|     proposed compact or amendment.  A joint resolution may cover
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0019|     more than one compact or amendment if the terms of the
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0020|     compacts or amendments are identical except for the name of
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0021|     the tribe and the name of the person executing the compact on
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0022|     behalf of the tribe.  A copy of the written recommendation
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0023|     shall be submitted with the joint resolution.  If a majority
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0024|     in each house votes to adopt the joint resolution, the
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0025|     proposed compact or amendment is approved by the legislature,
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0001|     and the governor shall execute it on behalf of the state. 
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0002|               G.  If the legislature is not in session when the
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0003|     recommendation of the committee is submitted, the committee 
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0004|     shall proceed pursuant to the provisions of Subsection E of
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0005|     this section by no later than the second day of the next
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0006|     regular or special session of the legislature.
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0007|               H.  The legislature may not amend or modify a
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0008|     resolution submitted to it pursuant to the provisions of this
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0009|     section except to correct technical errors in the text or
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0010|     format, and it may not refer the resolution to a committee. 
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0011|               I.  If a request for negotiation of a compact or
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0012|     amendment is made and the proposed compact or amendment is
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0013|     identical to a compact or amendment previously approved by the
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0014|     legislature except for the name of the compacting tribe and
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0015|     the names of the persons to execute the compact or amendment
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0016|     on behalf of the tribe and on behalf of the state, the
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0017|     governor shall approve and sign the compact or amendment on
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0018|     behalf of the state without submitting the compact for
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0019|     approval pursuant to the provisions of this section.  A
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0020|     compact or amendment signed by the governor pursuant to this
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0021|     subsection is deemed approved by the legislature.
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0022|          Section 5.  JOINT LEGISLATIVE COMMITTEE ON COMPACTS--
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0023|     CREATION--MEMBERSHIP--AUTHORITY.--
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0024|               A.  The joint legislative "committee on compacts"
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0025|     is created.  Once established it shall continue operating
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0001|     until specific action is taken by the legislature to terminate
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0002|     its existence.  
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0003|               B.  The committee shall have eight members, four
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0004|     from the house of representatives and four from the senate. 
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0005|     House members shall be appointed annually by the speaker of
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0006|     the house and senate members shall be appointed annually by
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0007|     the committees' committee or, if the senate appointments are
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0008|     made in the interim, by the president pro tempore after
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0009|     consultation with and agreement of a majority of the members
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0010|     of the committees' committee.  Members shall be appointed from
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0011|     each house to give the two major political parties in each
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0012|     house equal representation on the committee.  One member
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0013|     appointed from each house shall represent a district in which
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0014|     Native Americans constitute a majority of the voting age
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0015|     population.
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0016|               C.  The president pro tempore of the senate shall
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0017|     designate a senate member of the committee to be chairman of
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0018|     the committee in odd-numbered years and the vice chairman in
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0019|     even-numbered years.  The speaker of the house of
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0020|     representatives shall designate a house member of the
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0021|     committee to be chairman of the committee in even-numbered
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0022|     years and the vice chairman in odd-numbered years.     
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0023|               D.  The committee shall meet at the call of the
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0024|     chairman to consider a compact or amendment submitted to it.
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0025|               E.  The committee may meet during legislative
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0001|     sessions as needed.
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0002|               F.  Staff services for the committee shall be
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0003|     provided by the legislative council service.  
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0004|          Section 6.  EMERGENCY.--It is necessary for the public
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0005|     peace, health and safety that this act take effect
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0006|     immediately.
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0007|                              
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