0001| HOUSE BILL 195
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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 MOTOR VEHICLES; REVISING PROVISIONS REGARDING
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0012| ISSUANCE OF A LICENSE TO OPERATE A MOTORCYCLE; AMENDING
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0013| SECTIONS OF THE NMSA 1978.
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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. Section 66-5-5 NMSA 1978 (being Laws 1978,
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0017| Chapter 35, Section 227, as amended) is amended to read:
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0018| "66-5-5. PERSONS NOT TO BE LICENSED.--The division shall
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0019| not issue a driver's license under the Motor Vehicle Code to
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0020| any person:
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0021| A. who is under the age of sixteen years, except
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0022| the division may, in its discretion, issue:
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0023| (1) a restricted instruction permit or a
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0024| restricted license to students fourteen years of age or over,
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0025| enrolled in and attending a driver-education course that
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0001| includes a DWI education and prevention component approved by
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0002| the bureau or offered by a public school; and
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0003| (2) a license to any person fifteen years of
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0004| age or older who has satisfactorily completed a driver-
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0005| education course that is approved by the bureau or offered by a
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0006| public school and that includes both a DWI education and
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0007| prevention component and practice driving [and
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(3) to any person thirteen years of age or
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older who passes an examination prescribed by the division, a
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license restricted to the operation of a motorcycle, provided:
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(a) the motor is not in excess of one
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hundred cubic centimeters displacement;
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(b) no holder of an initial license may
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carry any other passenger while driving a motorcycle; and
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(c) the director approves and certifies
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motorcycles as not in excess of one hundred cubic centimeters
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displacement and by regulation provides for a method of
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identification of such motorcycles by all law enforcement
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officers];
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0020| B. whose license or driving privilege has been
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0021| suspended or denied, during the period of suspension or denial,
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0022| or to any person whose license has been revoked, except as
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0023| provided in Section 66-5-32 NMSA 1978;
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0024| C. who is an habitual drunkard, an habitual user of
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0025| narcotic drugs or an habitual user of any drug to a degree
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0001| which renders him incapable of safely driving a motor vehicle;
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0002| D. who, within any ten-year period, is three times
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0003| convicted of driving a motor vehicle while under the influence
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0004| of intoxicating liquor or narcotic drug regardless of whether
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0005| the convictions are under the laws or ordinances of this state
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0006| or any municipality or county of this state or under the laws
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0007| or ordinances of any other state, the District of Columbia or
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0008| any governmental subdivision thereof. Ten years after being so
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0009| convicted for the third time, the person may apply to any
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0010| district court of this state for restoration of the license,
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0011| and the court, upon good cause being shown, may order
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0012| restoration of the license applied for; provided that the
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0013| person has not been subsequently convicted of driving a motor
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0014| vehicle while under the influence of intoxicating liquor or
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0015| drug in the ten-year period prior to his request for
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0016| restoration of his license. Upon issuance of the order of
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0017| restoration, a certified copy shall immediately be forwarded to
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0018| the division, and if the person is otherwise qualified for the
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0019| license applied for, the three previous convictions shall not
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0020| prohibit issuance of the license applied for. Should the
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0021| person be subsequently once convicted of driving a motor
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0022| vehicle while under the influence of intoxicating liquor or
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0023| drug, the division shall revoke his license for five years,
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0024| after which time he may apply for restoration of his license as
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0025| provided in this subsection;
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0001| E. who has previously been afflicted with or who is
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0002| suffering from any mental disability or disease which would
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0003| render him unable to drive a motor vehicle with safety upon the
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0004| highways and who has not, at the time of application, been
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0005| restored to health;
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0006| F. who is required by the Motor Vehicle Code to
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0007| take an examination, unless he has successfully passed the
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0008| examination;
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0009| G. who is required under the laws of this state to
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0010| deposit proof of financial responsibility and who has not
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0011| deposited the proof;
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0012| H. when the director has good cause to believe that
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0013| the operation of a motor vehicle on the highways by the person
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0014| would be inimical to public safety or welfare; or
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0015| I. as a motorcycle driver who is less than eighteen
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0016| years of age and who has not presented a certificate or other
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0017| evidence of having successfully completed a motorcycle driver-
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0018| education program licensed or offered in conformance with
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0019| regulations of the bureau."
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0020| Section 2. Section 66-10-10 NMSA 1978 (being Laws 1983,
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0021| Chapter 266, Section 1, as amended) is amended to read:
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0022| "66-10-10. MOTORCYCLE TRAINING FUND CREATED--PURPOSE.--
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0023| A. There is created in the state treasury the
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0024| "motorcycle training fund". The fund shall be invested in
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0025| accordance with the provisions of Section 6-10-10 NMSA 1978,
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0001| and all income earned on the fund shall be credited to the
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0002| fund.
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0003| B. The motorcycle training fund shall be used to
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0004| institute and provide a statewide system of motorcycle training
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0005| and driver awareness and education in the dangers of driving
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0006| while under the influence of alcohol or drugs for first-time
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0007| license applicants and to provide for the purchase of necessary
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0008| equipment and provide for such support services as are
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0009| necessary for the establishment and maintenance of the system.
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0010| C. A first-time [applicants] applicant for a
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0011| motorcycle license or an endorsement on [their] his New
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0012| Mexico driver's license [may] shall be required to complete
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0013| a motorcycle driver education program as prescribed by the
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0014| rules and regulations of the traffic safety bureau of the
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0015| state highway and transportation department.
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0016| D. The bureau shall adopt rules and regulations as
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0017| prescribed in the State Rules Act for the administration of a
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0018| statewide motorcycle driver education program to be
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0019| administered by the bureau. The program shall include, but not
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0020| be limited to:
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0021| (1) helmet use and effectiveness;
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0022| (2) motorcycle accident and fatality
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0023| statistics;
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0024| (3) drug and alcohol abuse information, laws
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0025| and statistics;
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0001| (4) street and highway safe driving habits;
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0002| and
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0003| (5) defensive driving.
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0004| E. The bureau shall cooperate with the state
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0005| department of public education to distribute information
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0006| through the public school systems.
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0007| F. All money in the motorcycle training fund is
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0008| appropriated to the bureau for the purpose of carrying out the
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0009| provisions of Subsection B of this section; provided that at
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0010| the end of the seventy-second fiscal year and all subsequent
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0011| fiscal years, all money in the motorcycle training fund in
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0012| excess of the amount budgeted for the purposes delineated in
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0013| Subsection B of this section shall revert to the state road
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0014| fund."
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0015| Section 3. EFFECTIVE DATE.--The effective date of the
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0016| provisions of this act is July 1, 1997.
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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 3, 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 JUDICIARY COMMITTEE, to whom has been referred
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0005|
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0006| HOUSE BILL 195
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0007|
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0008| has had it under consideration and reports same with
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0009| recommendation that it DO PASS, and thence referred to the
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0010| APPROPRIATIONS AND FINANCE COMMITTEE.
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0011|
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0012| Respectfully submitted,
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0013|
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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| Thomas P. Foy, 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 11 For 0 Against
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0003| Yes: 11
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0004| Excused: King, Sanchez
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0005| Absent: None
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0006|
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0007|
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0008| G:\BILLTEXT\BILLW_97\H0195 State of New Mexico
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0009| House of Representatives
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0010|
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0011| FORTY-THIRD LEGISLATURE
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0012| FIRST SESSION, 1997
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0013|
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0014|
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0015| February 26, 1997
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0016|
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0017|
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0018| Mr. Speaker:
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0019|
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0020| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0021| whom has been referred
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0022|
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0023| HOUSE BILL 195
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO PASS, amended as follows:
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0002|
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0003| 1. On page 5, line 10, strike "shall", and insert in lieu
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0004| thereof, "may".
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0005|
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0006| Respectfully submitted,
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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|
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0012| Max Coll, Chairman
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0013|
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0014|
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0015| Adopted Not Adopted
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0016|
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019| Date
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0020|
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0021| The roll call vote was 10 For 0 Against
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0022| Yes: 10
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0023| Excused: Bird, Buffett, Coll, Marquardt, Picraux, Salazar,
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0024| Watchman
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0025| Absent: None
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0001|
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0002|
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0003|
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0004| G:\BILLTEXT\BILLW_97\H0195
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997
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0008|
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0009|
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0010| March 18, 1997
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0011|
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0012| Mr. President:
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0013|
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0014| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0015| referred
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0016|
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0017| HOUSE BILL 195, as amended
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, and thence referred to the
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0021| JUDICIARY COMMITTEE.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003| __________________________________
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0004| Shannon Robinson, Chairman
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0005|
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0006|
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0007|
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0008| Adopted_______________________ Not
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0009| Adopted_______________________
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012|
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0013| Date ________________________
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0014|
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0015|
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0016| The roll call vote was 6 For 0 Against
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0017| Yes: 6
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0018| No: 0
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0019| Excused: Boitano, Feldman, Vernon
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0020| Absent: None
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0021|
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0022|
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0023| H0195PA1
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0024|
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0025|
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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| March 21, 1997
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0007|
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0008| Mr. President:
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0009|
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0010| Your JUDICIARY COMMITTEE, to whom has been referred
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0011|
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0012| HOUSE BILL 195, as amended
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0013|
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0014| has had it under consideration and reports same with
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0015| recommendation that it DO PASS.
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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| __________________________________
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0023| Fernando R. Macias, Chairman
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0024|
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0025|
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0001|
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0002| Adopted_______________________ Not
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0003| Adopted_______________________
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006|
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0007|
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0008| Date ________________________
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0009|
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0010|
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0011| The roll call vote was 5 For 2 Against
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0012| Yes: 5
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0013| No: Sanchez, Stockard
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0014| Excused: McSorley
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0015| Absent: None
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0016|
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0017|
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0018| H0195JU1
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