0001|                    HOUSE JOINT MEMORIAL 53
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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|                           RICK MIERA
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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|                        A JOINT MEMORIAL
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0012|     SUPPORTING THE ATTORNEY GENERAL'S STUDY AND EFFORTS TO MAKE
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0013|     RECOMMENDATIONS REGARDING STRATEGIC LAWSUITS AGAINST PUBLIC
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0014|     PARTICIPATION.
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0015|     
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0016|       WHEREAS, essential to our constitutional democracy is the
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0017|     principle of full access to, participation in and control of the
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0018|     government by the citizenry, including the right to circulate
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0019|     petitions, voice criticism, testify at public hearings, support
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0020|     legislation and engage in peaceful demonstrations; and
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0021|       WHEREAS, in recent years in New Mexico, continuing the
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0022|     tradition of citizen activism, hundreds of citizen organizations
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0023|     and thousands of individual citizens have petitioned, lobbied
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0024|     and testified in a wide variety of public forums, but some of
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0025|     these individuals and organizations have been sued by opposing
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0001|     groups for their government advocacy; and
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0002|       WHEREAS, these lawsuits, called "strategic lawsuits against
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0003|     public participation", are often filed by one side of a public
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0004|     dispute to punish or prevent opposing points of view, and they
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0005|     are an attempt to transform a public or political dispute into a
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0006|     private, legal adjudication; and
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0007|       WHEREAS, the costs immediately imposed on the defendants or
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0008|     the targets of strategic lawsuits against public participation
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0009|     can be substantial, including court costs and attorneys' fees as
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0010|     well as lost wages, potential credit problems and financial
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0011|     insecurity; and
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0012|       WHEREAS, state supreme court and United States supreme
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0013|     court decisions regarding these strategic lawsuits against
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0014|     public participation have noted the chilling effect they have on
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0015|     First Amendment rights and the enormous legal costs they impose
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0016|     on citizen-advocacy defendants, and that they threaten the
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0017|     essential democratic right of all citizens to petition their
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0018|     government; and
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0019|       WHEREAS, during the last two years in New Mexico, often
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0020|     over contentious issues such as solid or medical waste disposal,
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0021|     legal action has been taken against community-based nonprofit
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0022|     organizations that have participated in solid waste or medical
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0023|     waste incinerator-permit hearings; and
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0024|       WHEREAS, in response to similar strategic lawsuits against
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0025|     public participation and related threats to First Amendment
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0001|     rights, several other states, including Nevada, New York and
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0002|     California, have enacted legislation protecting citizen
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0003|     participation and limiting the scope and power of strategic
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0004|     lawsuits against public participation;
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0005|       NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0006|     STATE OF NEW MEXICO that the efforts of the attorney general to
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0007|     conduct a study and make recommendations regarding the problem
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0008|     of strategic lawsuits against public participation in New Mexico
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0009|     be applauded; and
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0010|       BE IT FURTHER RESOLVED that the attorney general be
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0011|     requested to include legislative recommendations in his report
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0012|     to the appropriate interim legislative committee and to the
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0013|     first session of the forty-third legislature; and
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0014|       BE IT FURTHER RESOLVED that a copy of this memorial be
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0015|     transmitted to the attorney general.
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0016|                                                       State of New Mexico
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0017|                    House of Representatives
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0018|   
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0019|                    FORTY-SECOND LEGISLATURE
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0020|                      SECOND SESSION, 1996
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0021|   
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0022|                                              February 8, l996
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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 RULES AND ORDER OF BUSINESS COMMITTEE, to
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0003|   whom has been referred
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0004|   
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0005|                    HOUSE JOINT MEMORIAL 53
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0006|                                 
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0007|   has had it under consideration and finds same to be
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0008|   GERMANE in accordance with constitutional provisions.
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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|                               Barbara A. Perea Casey,
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0016|   Chairperson
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0017|   
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0018|   
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0019|   Adopted                         Not Adopted                      
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0020|   
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0021|            (Chief Clerk)                       (Chief Clerk)
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0022|   
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0023|                      Date             
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0024|   
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0025|   The roll call vote was 9  For 0  Against
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0001|   Yes:          9
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0002|   Excused: Knowles, Lujan, Nicely, Ryan, J. G. Taylor, Wallach
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0003|   Absent:  None
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0004|   
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0005|     HJ053RC1                     State of New Mexico
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0006|                    House of Representatives
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0007|   
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0008|                    FORTY-SECOND LEGISLATURE
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0009|                      SECOND SESSION, 1996
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0010|   
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0011|   
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0012|                                             February 11, 1996
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0013|   
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0014|   
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0015|   Mr. Speaker:
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0016|   
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0017|       Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
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0018|   been referred
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0019|   
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0020|                    HOUSE JOINT MEMORIAL 53
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0021|                                
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0022|                                 has had it under consideration and reports same with
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0023|   recommendation that it DO PASS, and thence referred to the
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0024|   JUDICIARY 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|                               Fred Luna, Chairman
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0007|   
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0008|   
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0009|   Adopted                         Not Adopted                      
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0010|   
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0011|            (Chief Clerk)                       (Chief Clerk)
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0012|   
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0013|                      Date             
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0014|   
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0015|   The roll call vote was 7  For 3  Against
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0016|   Yes:          7
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0017|   No:      Hobbs, Macko, R.R. Sanchez
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0018|   Excused: None
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0019|   Absent:  Gubbels, Varela
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0020|   
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0021|   
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0022|   
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0023|                                                              
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0024|     HJ053BI1                     State of New Mexico
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0025|                    House of Representatives
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0001|   
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0002|                    FORTY-SECOND LEGISLATURE
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0003|                      SECOND SESSION, 1996
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0004|   
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0005|   
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0006|                                             February 13, 1996
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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 JUDICIARY COMMITTEE, to whom has been referred
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0012|   
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0013|                    HOUSE JOINT MEMORIAL 53
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0014|                                
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0015|                                 has had it under consideration and reports same with
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0016|   recommendation that it DO PASS, amended as follows:
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0017|   
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0018|       1.   On page 2, strike lines 18 through 22 in their
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0019|   entirety.     
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0020|                                Respectfully submitted,
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0021|   
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0022|   
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0023|   
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0024|                                                                
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0025|                                  
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0001|                                Cisco McSorley, Chairman
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0002|   
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0003|   
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0004|   Adopted                         Not Adopted                      
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0005|   
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0006|            (Chief Clerk)                       (Chief Clerk)
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0007|   
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0008|                      Date             
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0009|   
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0010|   The roll call vote was 12  For 0  Against
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0011|   Yes:          12
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0012|   Excused: Sanchez, R.G.
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0013|   Absent:  None
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0014|   
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0015|   
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0016|                                                     .112184.1
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0017|   HJ053JC1
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