FORTY-SIXTH LEGISLATURE

FIRST SESSION, 2003





March 19, 2003





Mr. Speaker:



Your JUDICIARY COMMITTEE, to whom has been referred



SENATE FLOOR SUBSTITUTE FOR

SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 573



has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:



1. On page 3, line 20, strike "or".



2. On page 3, line 23, strike the period and insert in lieu thereof a semicolon, and between lines 23 and 24 insert the following new paragraphs to read:



"(3) made for the sole purpose of urging support for or opposition to a political candidate or ballot issue;



(4) made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas or votes; or



(5) by a person who is a duly licensed real estate broker pursuant to Section 61-29-11 NMSA 1978, who is a resident of the state and whose telephone call to the consumer is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent or leasing real estate in accordance with the provisions for which he or she is licensed and not in conjunction with any other offer.".



3. On page 12, line 7, after "person" insert "for some period not exceeding that established by the federal trade commission at 16 C.F.R. Sections 310(b)(1)(iv) and 310.4(b)(4)".



4. On page 12, line 17, after "otherwise" insert "intentionally".



5. On page 13, line 23, strike "or".



6. On page 14, line 1, strike the period and quotation mark and insert in lieu thereof a semicolon.



7. On page 14, between lines 1 and 2, insert the following new subparagraphs to read:



"(c) made for the sole purpose of urging support for or opposition to a political candidate or ballot issue;



(d) made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas or votes; or



(e) by a person who is a duly licensed real estate broker pursuant to Section 61-29-11 NMSA 1978, who is a resident of the state and whose telephone call to the consumer is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent or leasing real estate in accordance with the provisions for which he or she is licensed and not in conjunction with any other offer."".



Respectfully submitted,







W. Ken Martinez, Chairman





Adopted Not Adopted

(Chief Clerk) (Chief Clerk)



Date



The roll call vote was 10 For 0 Against

Yes: 10

Excused: Foley

Absent: None





.147590.1

.147637.2

Z:\Amend_03\SB0573JC1