0001| HOUSE BILL 347
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| EARLENE ROBERTS
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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| AN ACT
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0012| RELATING TO MOTOR VEHICLES; CHANGING SPEED LIMIT PROVISIONS OF
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0013| THE MOTOR VEHICLE CODE; AMENDING AND REPEALING SECTIONS OF THE
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0014| 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 66-1-5 NMSA 1978 (being Laws 1995,
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0018| Chapter 135, Section 2) is amended to read:
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0019| "66-1-5. MEASUREMENTS.--Whenever any provision of the
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0020| Motor Vehicle Code or regulations promulgated thereunder refers
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0021| to weight, height, length, width or speed in English units of
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0022| measurement, it also refers to the metric equivalent of those
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0023| units or, when adopted, to the metric substitutes for those
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0024| units adopted by the state highway and transportation
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0025| department."
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0001| Section 2. Section 66-7-301 NMSA 1978 (being Laws 1978,
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0002| Chapter 35, Section 405, as amended by Laws 1989, Chapter 318,
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0003| Section 29 and also by Laws 1989, Chapter 320, Section 1) is
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0004| amended to read:
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0005| "66-7-301. SPEED REGULATION.--
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0006| A. No person shall drive a vehicle on a highway [or
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detour] at a speed greater than:
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0008| (1) fifteen miles per hour on all highways when
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0009| passing a school while children are going to or leaving school
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0010| and when the school zone is properly posted;
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0011| (2) thirty miles per hour in any business or
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0012| residence district;
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0013| (3) fifty-five miles per hour on urban
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0014| interstate highways which are part of the national system of
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0015| interstate and defense highways and officially so designated by
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0016| the state highway and transportation department and on highways
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0017| other than interstate highways;
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0018| (4) sixty-five miles per hour on rural
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0019| interstate highways which are part of the national system of
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0020| interstate and defense highways and officially so designated by
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0021| the state highway and transportation department; and
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0022| (5) the posted speed limit in construction
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0023| zones, provided that the posted speed limit shall be determined
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0024| by an engineering study performed by the state highway and
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0025| transportation department.
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0001| [B. The maximum speed limit established in
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Paragraphs (3) and (4) of Subsection A of this section shall
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remain in effect until the federal government authorizes a
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different maximum speed limit and such different maximum speed
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limit has been adopted by proclamation of the governor.
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C.] B. In every event, speed shall be so
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0007| controlled by the driver as may be necessary:
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0008| (1) to avoid colliding with any person, vehicle
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0009| or other conveyance on or entering the highway;
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0010| (2) to comply with legal requirements as may be
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0011| established by the state highway and transportation department
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0012| or the New Mexico state police division of the [public safety]
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0013| department of public safety and the duty of all persons to use
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0014| due care; and
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0015| (3) to protect workers in a construction zone.
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0016| [D.] C. The speed limits set forth in Subsection
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0017| A of this section may be altered as authorized in Section 66-7-303 NMSA 1978."
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0018| Section 3. Section 66-7-303 NMSA 1978 (being Laws 1957,
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0019| Chapter 73, Section 2, as amended) is amended to read:
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0020| "66-7-303. ESTABLISHMENT OF SPEED ZONES.--
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0021| A. Whenever the [state highway commission]
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0022| secretary of highway and transportation determines upon the
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0023| basis of an engineering survey and traffic investigation, a de-
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0024| tailed report of which is filed with the [supreme court
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librarian] traffic safety bureau of the state highway and
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0001| transportation department, that any speed established by law is
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0002| greater or less than is reasonable or safe under the conditions
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0003| found to exist upon any part of a state highway, the
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0004| [commission] secretary of highway and transportation may
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0005| declare the speed limit for that part, [which is effective at
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times determined] and that speed limit shall be authorized and
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0007| effective when appropriate signs giving notice thereof are
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0008| erected at [the] that particular part of the highway;
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0009| provided that no speed limit shall be declared greater than
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0010| seventy-five miles per hour. The declaration of speed limits by
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0011| the secretary of highway and transportation shall not be
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0012| considered rules for purposes of the State Rules Act.
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0013| B. Whenever a local authority determines upon the
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0014| basis of an engineering survey and traffic investigation that
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0015| any speed limit permitted under state law or local ordinance is
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0016| greater or less than is reasonable or safe under the conditions
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0017| found to exist upon any part of a highway within its
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0018| jurisdiction, it may declare a speed limit for that part,
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0019| [which is effective at times determined] and that speed limit
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0020| shall be authorized and effective when appropriate signs giving
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0021| notice thereof are erected at [the] that particular part of
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0022| the
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0023| highway; provided that no speed limit shall be declared greater
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0024| than seventy-five miles per hour.
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0025| C. Engineering surveys and traffic investigations
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0001| made by local authorities shall be on a form approved by the
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0002| [chief highway administrator] secretary of highway and
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0003| transportation. If engineers are not available to the local
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0004| authorities, the state highway and transportation
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0005| department may make the surveys and investigations for the
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0006| local authorities.
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0007| D. Speed zones may be marked by a sign containing a
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0008| flashing yellow light and, when the light is in operation, the
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0009| speed limit, instructions or regulations on the sign are in
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0010| effect.
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0011| E. Alteration of speed limits on state highways by
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0012| local authorities is not effective until approved by the [state
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highway commission] secretary of highway and transportation.
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0014| F. The provisions of Subsections A and B of this
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0015| section shall not apply to changes of speed limit in
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0016| construction zones authorized pursuant to Section [3 of this
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act] 66-7-303.1 NMSA 1978."
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0018| Section 4. REPEAL.--Section 66-7-302.1 NMSA 1978 (being
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0019| Laws 1989, Chapter 319, Section 8, as amended) is repealed.
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0020|
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0021| State of New Mexico
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0022| House of Representatives
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0023|
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0024| FORTY-SECOND LEGISLATURE
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0025| SECOND SESSION, 1996
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0001|
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0002|
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0003| February 8, 1996
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0004|
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0005|
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0006| Mr. Speaker:
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0007|
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0008| Your TRANSPORTATION COMMITTEE, to whom has been
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0009| referred
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0010|
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0011| HOUSE BILL 347
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS, and thence referred to the
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0015| JUDICIARY COMMITTEE.
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0016|
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0017| Respectfully submitted,
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0018|
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0019|
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0020|
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0021|
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0022| Daniel P. Silva, Chairman
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0023|
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0024|
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0025| Adopted Not Adopted
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0001|
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004| Date
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0005|
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0006| The roll call vote was 8 For 1 Against
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0007| Yes: 8
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0008| No: Rodella
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0009| Excused: Olguin, Parsons, Watchman
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0010| Absent: None
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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| H0347TC1 State of New Mexico
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0016| House of Representatives
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0017|
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0018| FORTY-SECOND LEGISLATURE
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0019| SECOND SESSION, 1996
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0020|
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0021|
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0022| February 13, 1996
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your JUDICIARY COMMITTEE, to whom has been referred
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0003|
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0004| HOUSE BILL 347
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0005|
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0006| has had it under consideration and reports same WITHOUT
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0007| RECOMMENDATION.
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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| Cisco McSorley, Chairman
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0015|
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 5 For 3 Against
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0024| Yes: 5
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0025| No: Alwin, Foy, McSorley
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0001| Excused: Sanchez, R.G.
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0002| Absent: Baca, King, Luna, Stewart
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0003|
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0004|
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0005|
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0006| H0347JC1
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0007|
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