0001| SENATE BILL 64
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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| MICHAEL C. WIENER
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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 FIREARMS; ENACTING THE PERSONAL PROTECTION ACT;
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0013| REQUIRING A LICENSE TO CARRY A CONCEALED LOADED FIREARM;
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0014| PROVIDING FOR APPLICATION FEES; CREATING A FUND; AMENDING AND
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0015| ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
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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. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0019| through 14 of this act may be cited as the "Personal Protection
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0020| Act".
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0021| Section 2. [NEW MATERIAL] DEFINITIONS.--As used in the
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0022| Personal Protection Act:
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0023| A. "applicant" means a person seeking a license to
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0024| carry a concealed firearm;
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0025| B. "department" means the department of public
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0001| safety; and
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0002| C. "firearm" means a loaded pistol or revolver that
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0003| will convert or is designed to convert or may readily be
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0004| converted to expel a projectile by the action of an explosion
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0005| and the barrel length of the pistol or revolver does not exceed
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0006| twelve inches, not including a revolving, detachable or magazine
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0007| breech.
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0008| Section 3. [NEW MATERIAL] DATE OF LICENSURE.--Effective
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0009| January 1, 1997, the department shall issue concealed firearm
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0010| licenses to qualified applicants.
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0011| Section 4. [NEW MATERIAL] APPLICATION FORM--SCREENING
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0012| OF APPLICANTS.--
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0013| A. An applicant shall fill out an application form
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0014| made available by the department. In addition to other
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0015| information deemed necessary, the applicant shall provide the
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0016| department with the following information:
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0017| (1) his name, current address and place and
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0018| date of birth;
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0019| (2) proof of citizenship of the United States;
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0020| (3) proof that either he has been a resident of
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0021| New Mexico for not less than three months or he is a member of
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0022| the armed forces whose permanent duty station is located in New
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0023| Mexico, or he is a dependent of such a member;
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0024| (4) proof that he is twenty-one years of age or
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0025| older;
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0001| (5) whether he has been convicted of a felony
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0002| in New Mexico or any other state or under the laws of the United
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0003| States;
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0004| (6) whether he has been convicted during the
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0005| previous five years of a misdemeanor regarding possession or
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0006| abuse of a controlled substance in New Mexico or any other state
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0007| or under the laws of the United States;
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0008| (7) whether he has ever been adjudicated
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0009| mentally incompetent;
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0010| (8) whether he is currently under indictment
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0011| for allegedly committing a felony criminal offense;
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0012| (9) whether he is addicted to alcohol or drugs;
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0013| and
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0014| (10) a set of fingerprints. The applicant
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0015| shall bear the expense of providing the set of fingerprints.
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0016| B. In addition to the information that must be
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0017| provided by an applicant pursuant to Subsection A of this
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0018| section, the application form shall include:
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0019| (1) a signed statement by the applicant that he
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0020| is aware of and understands the requirements for licensure set
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0021| forth in the Personal Protection Act; and
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0022| (2) a conspicuous warning that the application
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0023| form is executed under oath and that a materially false answer
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0024| to any question on the application form or the submission of a
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0025| materially false document may result in denial or revocation of
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0001| a license and may subject the applicant to criminal prosecution
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0002| for perjury, as provided for in Section 30-25-1 NMSA 1978.
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0003| C. At the time an applicant seeks a concealed
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0004| firearm license, the department shall conduct a background check
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0005| to verify the information provided by the applicant to the
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0006| department.
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0007| Section 5. [NEW MATERIAL] DEMONSTRATION OF ABILITY AND
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0008| KNOWLEDGE--COURSE REQUIREMENTS--PROPRIETARY INTEREST--FEES.--
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0009| A. An applicant shall be required to submit to the
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0010| department a legible copy of a certificate that indicates he has
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0011| successfully completed a standardized firearms safety and
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0012| training course. The firearms safety and training course shall
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0013| include a written examination on the subject of New Mexico laws
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0014| regarding self-defense and the lawful use of firearms. The
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0015| firearms safety and training course shall be conducted by an
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0016| instructor certified by a federal or state law enforcement
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0017| agency or a nationally recognized association that offers a
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0018| firearms safety and training course.
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0019| B. An instructor for a firearms safety and training
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0020| course shall submit to a background investigation, including a
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0021| criminal history records check and a search for outstanding
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0022| warrants. Two sets of fingerprints for each instructor shall be
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0023| provided to the department.
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0024| C. A person shall apply to the department for
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0025| approval of a firearms safety and training course. The
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0001| department may approve a firearms safety and training course
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0002| that is sixteen hours in length and that includes the following
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0003| elements:
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0004| (1) instruction regarding basic firearms safety
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0005| and types of firearms and ammunition;
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0006| (2) instruction regarding a thorough review of
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0007| New Mexico law concerning the lawful use of deadly force for
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0008| self defense. This element of the training course shall be
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0009| developed by the department as a videotape presentation to
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0010| ensure uniformity of information provided to applicants. The
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0011| department shall provide a copy of the videotape to a person
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0012| approved to conduct a firearms safety and training course, and
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0013| that person shall use the videotape for this element of the
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0014| training course;
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0015| (3) marksmanship training; and
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0016| (4) instruction regarding firearms care and
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0017| maintenance, safe storage of a firearm and proper methods for
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0018| carrying a concealed, loaded firearm.
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0019| D. A person's proprietary interest in his firearms
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0020| safety and training course shall be safeguarded by the
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0021| department, and the contents of any course shall not be
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0022| disclosed to any other person, except a law enforcement agency
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0023| that requests the information pursuant to a court order.
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0024| E. A person who conducts a firearms safety and
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0025| training course approved by the department may establish his own
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0001| fee schedule for the course.
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0002| F. The requirements set forth in Subsection A of
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0003| this section shall be waived for an applicant who is currently:
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0004| (1) certified to teach a firearms and safety
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0005| training course, pursuant to the provisions of Subsection A of
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0006| this section;
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0007| (2) serving on active duty or active reserve
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0008| duty as a law enforcement officer in New Mexico for a period of
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0009| not less than five consecutive years prior to submission of his
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0010| application; or
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0011| (3) honorably retired from active duty with a
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0012| federal or New Mexico state, county or municipal law enforcement
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0013| agency, when the period of retirement does not exceed five years
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0014| prior to submission of his application.
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0015| Section 6. [NEW MATERIAL] DEPARTMENT RESPONSE REGARDING
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0016| FIREARMS AND SAFETY TRAINING COURSE SUBMITTED FOR APPROVAL.--
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0017| A. No later than sixty days after a person applies
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0018| to the department for approval of a firearms safety and training
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0019| course, following submission of documents required pursuant to
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0020| the provisions of the Personal Protection Act, the person's
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0021| application for approval of his course shall be approved or
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0022| denied.
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0023| B. The department shall not arbitrarily deny a
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0024| person's application for approval of a firearms safety and
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0025| training course. If the department denies a person's
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0001| application for approval of a firearms and safety training
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0002| course, the grounds for denial shall be set forth in writing and
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0003| provided to that person.
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0004| C. If a person's application for approval of a
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0005| firearms safety and training course is approved, the department
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0006| shall provide that person with formal notification of approval.
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0007| The person shall display the formal notification of approval in
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0008| a prominent place on the premises where the firearms safety and
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0009| training course is conducted.
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0010| Section 7. [NEW MATERIAL] DEPARTMENT RESPONSE TO
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0011| APPLICATION--POSSESSION OF LICENSE.--
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0012| A. No later than sixty days following submission of
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0013| the documents required pursuant to the provisions of the
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0014| Personal Protection Act, an applicant's request for licensure or
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0015| license renewal shall be approved or denied.
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0016| B. The department shall not arbitrarily deny
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0017| issuance of a license to an applicant. If the department denies
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0018| an application, the grounds for denial shall be provided to the
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0019| applicant in writing.
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0020| C. If the applicant's request for licensure or
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0021| license renewal is approved, the department shall send the
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0022| applicant formal notification of approval. The applicant may
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0023| take the formal notification of approval to a field office of
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0024| the motor vehicle division of the taxation and revenue
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0025| department, where the applicant will be photographed. The
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0001| photograph shall appear on the concealed firearm license with
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0002| the applicant's signature. The department shall provide ten
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0003| dollars ($10.00) to the motor vehicle division for each license
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0004| that the division creates and issues.
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0005| D. The licensee shall have the concealed firearm
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0006| license in his possession at all times while carrying a
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0007| concealed firearm.
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0008| Section 8. [NEW MATERIAL] SURRENDER OF LICENSE.--A
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0009| person licensed pursuant to the provisions of the Personal
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0010| Protection Act shall surrender his concealed firearm license to
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0011| the department when that person prepares to leave New Mexico
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0012| with the intent to establish residence elsewhere.
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0013| Section 9. [NEW MATERIAL] LICENSE REVOCATION.--A person
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0014| licensed pursuant to the provisions of the Personal Protection
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0015| Act shall have his license immediately revoked by the department
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0016| if the person is:
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0017| A. convicted for a felony criminal offense; or
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0018| B. adjudicated mentally incompetent.
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0019| Section 10. [NEW MATERIAL] LIMITATION ON LICENSE.--
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0020| Nothing in the Personal Protection Act shall be construed as
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0021| allowing a person having a valid concealed firearm license to
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0022| carry a concealed firearm into or on a premise where to do so
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0023| would be in violation of existing law.
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0024| Section 11. [NEW MATERIAL] PREEMPTION OF LICENSE BY
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0025| TRIBAL LAW.--A concealed firearm license shall be valid on
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0001| tribal land unless the governing body of an Indian nation, tribe
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0002| or pueblo has preempted the Personal Protection Act by enacting
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0003| law prohibiting the carrying of a concealed firearm on tribal
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0004| land.
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0005| Section 12. [NEW MATERIAL] DEPARTMENT TO ADMINISTER--RULES AND REGULATIONS.--
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0006| A. The department shall promulgate rules and
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0007| regulations necessary to implement the provisions of the
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0008| Personal Protection Act with assistance from a seven-member task
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0009| force appointed by the governor. The rules and regulations
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0010| shall include grounds for the revocation and suspension of
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0011| licenses issued pursuant to the provisions of the Personal
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0012| Protection Act. The rules and regulations shall be promulgated
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0013| no later than January 1, 1997.
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0014| B. The department shall perform background checks on
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0015| applicants.
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0016| C. The department shall cooperate with other law
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0017| enforcement agencies and the motor vehicle division of the
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0018| taxation and revenue department to ensure the implementation of
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0019| the provisions of the Personal Protection Act.
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0020| Section 13. [NEW MATERIAL] FEES--RENEWAL.--
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0021| A. When an applicant submits an application form and
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0022| other required documentation to the department, he shall pay a
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0023| nonrefundable fee of fifty dollars ($50.00) to the department.
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0024| A concealed firearm license shall be valid for a three-year
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0025| period from the date of issuance.
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0001| B. When a licensee submits a license renewal form to
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0002| the department, he shall pay a nonrefundable fee of fifty
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0003| dollars ($50.00).
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0004| C. At the time a licensee seeks to renew a concealed
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0005| firearm license, the licensee shall:
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0006| (1) be re-photographed;
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0007| (2) re-submit to a background check; and
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0008| (3) complete a refresher firearms safety and
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0009| training course that is at least two hours in length and that
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0010| includes the following elements:
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0011| (a) instruction regarding basic firearms
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0012| safety;
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0013| (b) instruction regarding a review of New
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0014| Mexico law concerning the lawful use of deadly force for self
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0015| defense; and
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0016| (c) marksmanship training.
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0017| Section 14. [NEW MATERIAL] FUND CREATED.--
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0018| A. There is created in the state treasury the
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0019| "personal protection license fund".
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0020| B. All money received by the department pursuant to
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0021| the provisions of the Personal Protection Act shall be deposited
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0022| by the state treasurer for credit to the personal protection
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0023| license fund. The state treasurer shall invest the fund as all
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0024| other state funds are invested, and income from the investment
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0025| of the personal protection license fund shall be credited to the
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0001| fund. Balances remaining at the end of any fiscal year shall
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0002| not revert to the general fund.
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0003| C. Money in the personal protection license fund is
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0004| appropriated to the department and shall be used for the purpose
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0005| of carrying out the provisions of the Personal Protection Act.
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0006| Section 15. Section 30-7-2 NMSA 1978 (being Laws 1963,
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0007| Chapter 303, Section 7-2, as amended) is amended to read:
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0008| "30-7-2. UNLAWFUL CARRYING OF A DEADLY WEAPON.--
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0009| A. Unlawful carrying of a deadly weapon consists of
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0010| carrying a concealed loaded firearm or any other type of deadly
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0011| weapon anywhere, except in the following cases:
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0012| (1) in the person's residence or on real
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0013| property belonging to him as owner, lessee, tenant or licensee;
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0014| (2) in a private automobile or other private
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0015| means of conveyance, for lawful protection of the person's or
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0016| another's person or property;
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0017| (3) by a peace officer in accordance with the
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0018| policies of his law enforcement agency who is certified pursuant
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0019| to the Law Enforcement Training Act; [or]
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0020| (4) by a peace officer in accordance with the
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0021| policies of his law enforcement agency who is employed on a
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0022| temporary basis by that agency and who has successfully
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0023| completed a course of firearms instruction prescribed by the New
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0024| Mexico law enforcement academy or provided by a certified
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0025| firearms instructor who is employed on a permanent basis by a
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0001| law enforcement agency; or
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0002| (5) by a person in possession of a valid
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0003| concealed firearm license issued to him by the department of
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0004| public safety pursuant to the provisions of the Personal
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0005| Protection Act.
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0006| B. Nothing in this section shall be construed to
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0007| prevent the carrying of any unloaded firearm.
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0008| C. Whoever commits unlawful carrying of a deadly
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0009| weapon is guilty of a petty misdemeanor."
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0010| Section 16. Section 30-7-13 NMSA 1978 (being Laws 1979,
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0011| Chapter 376, Section 4) is amended to read:
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0012| "30-7-13. CARRYING WEAPONS PROHIBITED.--
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0013| A. It is unlawful for any person without prior
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0014| approval from the company to board or attempt to board a bus
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0015| while in possession of a firearm or other deadly weapon upon his
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0016| person or effects and readily accessible to him while on the
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0017| bus. Any person who violates the provisions of this subsection
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0018| is guilty of a misdemeanor.
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0019| B. Subsection A of this section does not apply to:
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0020| [duly elected or appointed law enforcement officers or
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0021| commercial security personnel in the lawful discharge of their
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0022| duties]
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0023| (1) duly elected or appointed law enforcement
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0024| officers in the lawful discharge of their duties;
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0025| (2) commercial security officers in the lawful
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0001| discharge of their duties; or
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0002| (3) a person in possession of a valid concealed
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0003| firearm license issued to him by the department of public safety
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0004| pursuant to the provisions of the Personal Protection Act."
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0005| Section 17. EFFECTIVE DATE.--The effective date of the
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0006| provisions of this act is January 1, 1997.
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0007| - 13 -
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0008|
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0009|
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0010| FORTY-SECOND LEGISLATURE
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0011| SECOND SESSION, 1996
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0012|
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0013|
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0014| JANUARY 18, 1996
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0015|
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0016| Mr. President:
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0017|
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0018| Your COMMITTEES' COMMITTEE, to whom has been referred
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0019|
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0020| SENATE BILL 64
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0021|
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0022| has had it under consideration and finds same to be GERMANE, PURSUANT
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0023| TO CONSTITUTIONAL PROVISIONS, and thence referred to the SENATE
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0024| PUBLIC AFFAIRS COMMITTEE.
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0025|
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0001| Respectfully submitted,
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0002|
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0003|
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0004|
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0005|
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0006| __________________________________
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0007| SENATOR MANNY M. ARAGON, Chairman
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0008|
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0009|
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0010|
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0011| Adopted_______________________ Not Adopted_______________________
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014|
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0015| Date ________________________
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0016|
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0017|
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0018|
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0019| The roll call vote was For Against
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0020| Yes:
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0021| No:
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0022| Excused:
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0023| Absent:
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0024|
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0025|
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0001| S0064CC1
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0002|
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0003| FORTY-SECOND LEGISLATURE
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0004| SECOND SESSION, 1996
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0005|
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0006|
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0007| January 26, 1996
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0008|
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0009| Mr. President:
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0010|
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0011| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
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0012|
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0013| SENATE BILL 64
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0014|
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0015| has had it under consideration and reports same with recommendation that
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0016| it DO PASS, and thence referred to the JUDICIARY COMMITTEE.
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0017|
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0018| Respectfully submitted,
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0019|
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0020|
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0021|
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0022| __________________________________
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0023| Shannon Robinson, Chairman
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0024|
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0025|
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0001|
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0002| Adopted_______________________ Not Adopted_______________________
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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0005|
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0006| Date ________________________
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0007|
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0008|
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0009| The roll call vote was 5 For 0 Against
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0010| Yes: 5
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0011| No: 0
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0012| Excused: Garcia, E. Jennings, Naranjo
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0013| Absent: none
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0014|
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0015|
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0016| S0064PA1
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0017|
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0018|
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