0001|                            HOUSE BILL 137
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                              RICK MIERA
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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 PROPERTY; REQUIRING CERTAIN INFORMATION TO BE
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0012|     FURNISHED TO COUNTY ASSESSORS IN CONNECTION WITH THE TRANSFER
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0013|     OF AN INTEREST IN REAL PROPERTY BY A TRANSFER INSTRUMENT.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  TRANSFER OF AN INTEREST IN REAL PROPERTY--USE
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0017|     OF AN AFFIDAVIT TO RECORD INFORMATION.--
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0018|               A. Except as indicated in Subsection B of this
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0019|     section, a county clerk or his employee shall not accept for
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0020|     recording or record a transfer instrument unless the transfer
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0021|     instrument presented contains the county assessor's approval
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0022|     stamp certifying the receipt of an affidavit that meets the
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0023|     requirements set forth in this section.
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0024|               B.  The affidavit shall not be required for:
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0025|                    (1)  a transfer instrument for the transfer of
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0001|     residential property for no or nominal consideration;
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0002|                    (2)  a transfer instrument that results from
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0003|     the payment in full or forfeiture by a transferee under a
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0004|     recorded transfer instrument;
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0005|                    (3)  an instrument solely to provide or release
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0006|     security for a debt or obligation; or
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0007|                    (4)  an instrument arising out of a sale for
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0008|     delinquent taxes or assessments.
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0009|               C.  Prior to presenting a transfer instrument for
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0010|     recording, a person shall present the transfer instrument and
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0011|     an affidavit to the county assessor.  The affidavit shall be
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0012|     signed by the tranferors and transferees of any interest in
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0013|     residential property transferred by a transfer instrument.  The
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0014|     affidavit shall contain at least the following information:
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0015|                    (1)  the complete names of all transferors and
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0016|     transferees;
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0017|                    (2)  the current mailing addresses of the
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0018|     transferors and transferees;
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0019|                    (3)  the legal description of the real property
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0020|     interest transferred as it appears in the document of transfer;
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0021|     and
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0022|                    (4)  the full consideration, including money or
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0023|     any other thing of value paid or exchanged for the transfer.
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0024|               D.  Upon receipt of the affidavit meeting the
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0025|     requirements of this section, the county assessor shall place
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0001|     the date of receipt on the original affidavit, shall retain the
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0002|     original affidavit as a permanent record and shall stamp the
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0003|     transfer instrument.  The assessor shall make copies of the
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0004|     original affidavit and shall index the affidavit copies in a
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0005|     manner that permits cross-referencing to other records in the
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0006|     assessor's office pertaining to the property described in the
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0007|     affidavit.
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0008|               E.  Prior to January 1, 1998, the taxation and
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0009|     revenue department shall print and distribute to each county
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0010|     assessor affidavit forms for distribution to the public upon
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0011|     request.
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0012|               F.   A transfer instrument erroneously recorded
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0013|     without the county assessor's approval stamp certifying the
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0014|     receipt of an affidavit shall not be void, voidable, invalid or
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0015|     affected in any manner by a mistake or error in recording.
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0016|               G.   For the purposes of this section:
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0017|                    (1)  "transfer instrument" means a document,
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0018|     the execution and delivery of which by a transferor to a
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0019|     transferee, that creates in the transferee a legal or equitable
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0020|     ownership interest in residential property; and
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0021|                    (2)  "residential property" means a dwelling
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0022|     and the underlying real property designed for occupancy by one
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0023|     to four families and includes mobile homes and condominiums.
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0024|                                  
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0025|                                                 HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0001|                            HOUSE BILL 137
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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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|     
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0008|     
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0009|     
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0010|                                AN ACT
    |
0011|     RELATING TO PROPERTY; REQUIRING CERTAIN INFORMATION TO BE
    |
0012|     FURNISHED TO COUNTY ASSESSORS IN CONNECTION WITH THE TRANSFER
    |
0013|     OF AN INTEREST IN REAL PROPERTY BY A TRANSFER INSTRUMENT.
    |
0014|     
    |
0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0016|          Section 1.  TRANSFER OF AN INTEREST IN REAL PROPERTY--USE
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0017|     OF AN AFFIDAVIT TO RECORD INFORMATION.--
    |
0018|               A.  Except as indicated in Subsection B of this
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0019|     section, a county clerk or his employee shall not accept for
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0020|     recording or record a transfer instrument unless the transfer
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0021|     instrument presented is accompanied by an affidavit that meets
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0022|     the requirements set forth in this section.
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0023|               B.  The affidavit shall not be required for:
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0024|                    (1)  a transfer instrument for the transfer of
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0025|     residential property for no or nominal consideration;
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0001|                    (2)  a transfer instrument that results from
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0002|     the payment in full or forfeiture by a transferee under a
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0003|     recorded transfer instrument;
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0004|                    (3)  an instrument solely to provide or release
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0005|     security for a debt or obligation; 
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0006|                    (4)  an instrument arising out of a sale for
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0007|     delinquent taxes or assessments;
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0008|                    (5)  an instrument that is being recorded
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0009|     solely for curative reasons to clear defects in the chain of
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0010|     title; or
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0011|                    (6)  a transfer instrument that results when
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0012|     the state, a county or a city is a transferor or transferee.
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0013|               C.  When presenting a transfer instrument for
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0014|     recording, a person shall present the transfer instrument and
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0015|     an affidavit to the county clerk.  The affidavit shall be
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0016|     signed by the tranferors and transferees of any interest in
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0017|     residential property transferred by a transfer instrument.  The
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0018|     affidavit shall contain at least the following information:
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0019|                    (1)  the complete names of all transferors and
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0020|     transferees;
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0021|                    (2)  the current mailing addresses of the
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0022|     transferors and transferees;
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0023|                    (3)  the legal description of the real property
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0024|     interest transferred as it appears in the document of transfer;
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0025|     and
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0001|                    (4)  the full consideration, including money or
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0002|     any other thing of value paid or exchanged for the transfer.
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0003|               D.  Upon receipt of the affidavit meeting the
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0004|     requirements of this section, the county clerk shall at no
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0005|     additional cost present a copy of the recorded transfer instrument
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0006|     and the affidavit to the county assessor who shall place the date
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0007|     of receipt on the affidavit and shall retain it as a permanent
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0008|     record.  The county clerk shall not make a copy of the affidavit. 
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0009|               E.  Prior to January 1, 1998, the taxation and revenue
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0010|     department shall print and distribute to each county assessor
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0011|     affidavit forms for distribution to the public upon request.
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0012|               F.   A transfer instrument erroneously recorded
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0013|     without the receipt of an affidavit shall not be void, voidable,
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0014|     invalid or affected in any manner by a mistake or error in
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0015|     recording.
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0016|               G.   For the purposes of this section:
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0017|                    (1)  "transfer instrument" means a document, the
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0018|     execution and delivery of which by a transferor to a transferee,
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0019|     that creates in the transferee a legal or equitable ownership
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0020|     interest in residential property but does not include those that
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0021|     are executed and delivered solely for curative purposes to cure
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0022|     defects in the chain of title; and
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0023|                    (2)  "residential property" means a dwelling and
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0024|     the underlying real property designed for occupancy by one to four
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0025|     families and includes mobile homes and condominiums.
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0001|          Section 2.  CONFIDENTIALITY.--The affidavit and its contents
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0002|     are confidential and shall not be disclosed except:
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0003|               A.  to employees in the clerk's office and the
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0004|     assessor's office and employees of the taxation and revenue
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0005|     department, any of whom must have a demonstrated need for the
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0006|     information in carrying out their official duties;
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0007|               B.  under an order of a court of competent
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0008|     jurisdiction;
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0009|               C.  in connection with a protest under Section 7-38-21
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0010|     NMSA 1978; or
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0011|               D.  for statistical purposes if used in a way that the
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0012|     information disclosed is not identifiable or identified as
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0013|     applicable to any property owner or person in possession of the
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0014|     property.
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0015|          Section 3.  EFFECTIVE DATE.--The effective date of the
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0016|     provisions of this act is January 1, 1998.
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0017|                                                           State of New Mexico
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0018|                       House of Representatives
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0019|   
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0020|                       FORTY-THIRD LEGISLATURE
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0021|                         FIRST SESSION, 1997
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0022|   
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0023|   
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0024|                                                 February 24, 1997
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0025|   
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0001|   
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0002|   Mr. Speaker:
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0003|   
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0004|        Your TAXATION AND REVENUE COMMITTEE, to whom has
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0005|   been referred
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0006|   
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0007|      HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL
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0008|                              137
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0009|                                
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0010|   has had it under consideration and reports same with
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0011|   recommendation that it DO PASS.
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0012|   
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0013|                                 Respectfully submitted,
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0014|   
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0015|   
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0016|   
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0017|                                                                  
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0018|                                                              Jerry W. Sandel, Chairman
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0019|   
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0020|   
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0021|   Adopted                          Not Adopted                      
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0022|   
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0023|             (Chief Clerk)                       (Chief Clerk)
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0024|   
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0025|                         Date             
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0001|   
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0002|   The roll call vote was 8  For 4  Against
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0003|   Yes:      8
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0004|             No:       Crook, Gubbels, Parsons, Stell
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0005|             Excused:  Russell
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0006|             Absent:   None
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0007|   
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0008|   
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0009|   G:\BILLTEXT\BILLW_97\H0137  
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0010|   
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0011|                       FORTY-THIRD LEGISLATURE        HJC/HB 137/a
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0012|                         FIRST SESSION, 1997
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0013|   
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0014|   
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0015|                                                    March 17, 1997
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0016|   
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0017|   Mr. President:
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0018|   
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0019|       Your JUDICIARY COMMITTEE, to whom has been referred
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0020|   
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0021|              HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR 
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0022|                         HOUSE BILL 137
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0023|   
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0024|   has had it under consideration and reports same with recommendation
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0025|   that it DO PASS, amended as follows:
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0001|   
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0002|       1.  On page 4, between lines 11 and 12, insert the following
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0003|   new subsection:
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0004|   
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0005|           "E.  It is unlawful for any employees in the clerk's office
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0006|   and the assessor's office and employees of the taxation and revenue
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0007|   department to reveal to any individual other than as provided for in
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0008|   this section any information contained in the affidavit."
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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|                                Fernando R. Macias, Chairman 
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0016|   
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0017|   
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0018|   
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0019|   Adopted_______________________   Not Adopted_______________________
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0020|             (Chief Clerk)                          (Chief Clerk)
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0021|   
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0022|   
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0023|                     Date ________________________
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0024|   
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0025|   
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0001|   The roll call vote was  5  For  0  Against
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0002|           Yes:    5
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0003|           No:     0
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0004|                Excused:     Sanchez, Tsosie, Vernon
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0005|           Absent: None
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0006|   
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0007|   
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0008|   H0137JU1
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0009|   
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