0001| HOUSE BILL 405
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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| DEBBIE A. RODELLA
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO CAMPAIGN PRACTICES; AMENDING THE CAMPAIGN REPORTING
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0012| ACT TO CHANGE PRE-ELECTION REPORTING REQUIREMENTS AND LATE
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0013| FILING PENALTIES.
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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 1-19-29 NMSA 1978 (being Laws 1993,
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0017| Chapter 46, Section 5, as amended) is amended to read:
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0018| "1-19-29. TIME AND PLACE OF FILING REPORTS.--
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0019| A. Annually, all reporting individuals shall file
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0020| with the proper filing officer by 5:00 p.m. on the second
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0021| Monday in May a report of all expenditures made and
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0022| contributions received on or before the first Monday in May and
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0023| not previously reported. The report shall be filed annually
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0024| until the reporting individual's bank account has been closed
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0025| and the other provisions specified in Subsection E of this
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0001| section have been satisfied.
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0002| B. In an election year, in addition to the May
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0003| report provided for in Subsection A of this section, all
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0004| reporting individuals, except for persons who file a statement
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0005| of exception pursuant to Section 1-19-33 NMSA 1978 and except
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0006| for public officials who are not candidates in an election that
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0007| year, shall file reports of all expenditures made and
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0008| contributions received according to the following schedule:
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0009| (1) by 5:00 p.m. on the second Monday in
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0010| October, a report of all expenditures made and contributions
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0011| received on or before the first Monday in October and not
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0012| previously reported;
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0013| (2) by [12:00 noon] 5:00 p.m. on the
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0014| [Friday] Thursday before a primary, general or statewide
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0015| special election, a report of all expenditures made and
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0016| contributions received by 5:00 p.m. on the Tuesday before the
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0017| election. Any contribution or pledge to contribute that is
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0018| received after 5:00 p.m. on the Tuesday before the election and
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0019| that is for five hundred dollars ($500) or more in a non-
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0020| statewide election, or two thousand five hundred dollars
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0021| ($2,500) or more in a statewide election, shall be reported to
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0022| the proper filing officer in a supplemental report on a
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0023| prescribed form within twenty-four hours of receipt, except
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0024| that any such contribution or pledge to contribute that is
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0025| received after 5:00 p.m. on the Friday before the election may
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0001| be reported by 12:00 noon on the Monday before the election;
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0002| and
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0003| (3) by 5:00 p.m. on the thirtieth day after a
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0004| primary, general or statewide special election, a report of all
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0005| expenditures made and contributions received on or before the
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0006| twenty-fifth day after the election and not previously
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0007| reported.
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0008| C. Notwithstanding the other provisions of this
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0009| section, the report due on the thirtieth day after an election
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0010| need be the only report filed after the annual May report if
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0011| the candidate is not opposed in the election and if the report
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0012| includes all expenditures made and contributions received for
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0013| that election and not previously reported.
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0014| D. A report of expenditures and contributions filed
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0015| after a deadline set forth in this section shall not be deemed
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0016| to have been timely filed.
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0017| E. Each reporting individual shall file a report of
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0018| expenditures and contributions annually pursuant to the filing
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0019| schedule set forth in this section until the reporting
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0020| individual delivers a report to the proper filing officer
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0021| stating that:
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0022| (1) there are no outstanding campaign debts;
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0023| (2) all money has been expended in accordance
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0024| with the provisions of Section 1-19-29.1 NMSA 1978; and
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0025| (3) the bank account has been closed.
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0001| F. Each treasurer of a political committee shall
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0002| file a report of expenditures and contributions annually
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0003| pursuant to the filing schedule set forth in this section until
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0004| the treasurer files a report that affirms that the committee
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0005| has dissolved or no longer exists and that its bank account has
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0006| been closed.
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0007| G. A reporting individual who is a candidate within
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0008| the meaning of the Campaign Reporting Act because of the amount
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0009| of contributions he receives or expenditures he makes and who
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0010| does not ultimately file a declaration of candidacy or a
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0011| nominating petition with the proper filing officer shall
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0012| nevertheless file a report, not later than the second Monday in
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0013| May for a primary election or the second Monday in October for
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0014| a general election, of all contributions received and
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0015| expenditures made on or before the first Monday in May for a
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0016| primary election or the first Monday in October for a general
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0017| election, and not previously reported."
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0018| Section 2. Section 1-19-35 NMSA 1978 (being Laws 1979,
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0019| Chapter 360, Section 11, as amended) is amended to read:
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0020| "1-19-35. REPORTS AND STATEMENTS--LATE FILING PENALTY--
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0021| FAILURE TO FILE.--
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0022| A. Except for the report required to be filed and
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0023| delivered the [Friday] Thursday prior to the election and
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0024| any supplemental report, as required in Paragraph (2) of
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0025| Subsection B of Section 1-19-29 NMSA 1978, that is due prior to
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0001| the election, and subject to the provisions of Section 1-19-
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0002| 34.4 NMSA 1978, if a statement of exception or a report of
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0003| expenditures and contributions contains false or incomplete
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0004| information or is filed after any deadline imposed by the
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0005| Campaign Reporting Act, the responsible reporting individual or
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0006| political committee, in addition to any other penalties or
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0007| remedies prescribed by the Election Code, shall be liable for
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0008| and shall pay to the secretary of state fifty dollars ($50.00)
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0009| per day for each regular working day after the time required by
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0010| the Campaign Reporting Act for the filing of statements of
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0011| exception or reports of expenditures and contributions until
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0012| the complete or true statement or report is filed, up to a
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0013| maximum of five thousand dollars ($5,000).
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0014| B. If any reporting individual files a false,
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0015| incomplete or late report of expenditures and contributions due
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0016| on the [Friday] Thursday prior to the election, the
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0017| reporting individual or political committee shall be liable and
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0018| pay to the secretary of state [five hundred dollars ($500)]
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0019| two hundred fifty dollars ($250) for the first working day
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0020| and fifty dollars ($50.00) for each subsequent working day
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0021| after the time required for the filing of the report until the
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0022| true and complete report is filed, up to a maximum of five
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0023| thousand dollars ($5,000).
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0024| C. If a reporting individual fails to file or files
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0025| a late supplemental report of expenditures and contributions as
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0001| required in Paragraph (2) of Subsection B of Section 1-19-29
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0002| NMSA 1978, the reporting individual or political committee
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0003| shall be liable for and pay to the secretary of state a penalty
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0004| equal to the amount of each contribution received or pledged
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0005| after the Tuesday before the election that was not timely
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0006| filed.
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0007| D. All sums collected for the penalty shall be
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0008| deposited in the state general fund. A report or statement of
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0009| exception shall be deemed timely filed only if it is received
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0010| by the proper filing officer by the date and time prescribed by
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0011| law.
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0012| E. Any candidate who fails or refuses to file a
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0013| report of expenditures and contributions or statement of
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0014| exception or to pay a penalty imposed by the secretary of state
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0015| as required by the Campaign Reporting Act shall not, in
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0016| addition to any other penalties provided by law:
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0017| (1) have his name printed upon the ballot if
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0018| the violation occurs before and through the final date for the
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0019| withdrawal of candidates; or
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0020| (2) be issued a certificate of nomination or
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0021| election, if the violation occurs after the final date for
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0022| withdrawal of candidates or after the election, until the
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0023| candidate satisfies all reporting requirements of the Campaign
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0024| Reporting Act and pays all penalties owed.
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0025| F. Any candidate who loses an election and who
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0001| failed or refused to file a report of expenditures and
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0002| contributions or a statement of exception or to pay a penalty
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0003| imposed by the secretary of state as required by the Campaign
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0004| Reporting Act shall not be, in addition to any other penalties
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0005| provided by law, permitted to file a declaration of candidacy
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0006| or nominating petition for any future election until the
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0007| candidate satisfies all reporting requirements of the Campaign
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0008| Reporting Act and pays all penalties owed."
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0003|
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0004| State of New Mexico
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0005| House of Representatives
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0006|
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0007| FORTY-THIRD LEGISLATURE
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0008| FIRST SESSION, 1997
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0009|
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0010|
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0011| February 6, 1997
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0012|
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0013|
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0014| Mr. Speaker:
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0015|
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0016| Your VOTERS AND ELECTIONS COMMITTEE, to whom has
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0017| been referred
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0018|
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0019| HOUSE BILL 405
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0020|
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0021| has had it under consideration and reports same with
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0022| recommendation that it DO PASS, amended as follows:
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0023|
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0024| 1. On page 5, line 16 and 17, remove the brackets and line
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0025| through "five hundred dollars ($500)" and strike the underscored
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0001| material.,
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0002|
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0003| and thence referred to the JUDICIARY COMMITTEE.
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0004|
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0005| Respectfully submitted,
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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| Edward C. Sandoval, Chairman
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0012|
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0013|
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0014| Adopted Not Adopted
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0015|
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0016| (Chief Clerk) (Chief Clerk)
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0017|
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0018| Date
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0019|
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0020| The roll call vote was 7 For 0 Against
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0021| Yes: 7
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0022| Excused: Garcia, Lujan, Nicely, Sanchez, J.P. Taylor
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0023| Absent: None
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0024|
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0025|
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0001|
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0002| G:\BILLTEXT\BILLW_97\H0405 State of New Mexico
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0003| House of Representatives
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0004|
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0005| FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION, 1997
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0007|
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0008|
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0009| February 17, 1997
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0010|
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0011|
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0012| Mr. Speaker:
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0013|
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0014| Your JUDICIARY COMMITTEE, to whom has been referred
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0015|
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0016| HOUSE BILL 405, as amended
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0017|
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0018| has had it under consideration and reports same with
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0019| recommendation that it DO PASS.
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0020|
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0021| Respectfully submitted,
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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|
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0002| Thomas P. Foy, Chairman
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0003|
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0004|
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0005| Adopted Not Adopted
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0006|
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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0009| Date
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0010|
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0011| The roll call vote was 8 For 0 Against
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0012| Yes: 8
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0013| Excused: M.P. Garcia, King, Larranaga, Rios, Sanchez
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0014| Absent: None
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0015|
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0016|
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0017| G:\BILLTEXT\BILLW_97\H0405
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0018|
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0019| FORTY-THIRD LEGISLATURE
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0020| FIRST SESSION, 1997
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0021|
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0022|
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0023| March 8, 1997
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0024|
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0025| Mr. President:
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0001|
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0002| Your RULES COMMITTEE, to whom has been referred
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0003|
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0004| HOUSE BILL 405, as amended
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0005|
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0006| has had it under consideration and reports same with
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0007| recommendation that it DO PASS.
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0008|
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0009| 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| Gloria Howes, Chairman
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0016|
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0017|
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0018|
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0019| Adopted_______________________ Not
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0020| Adopted_______________________
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023|
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0024|
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0025| Date ________________________
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0001|
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0002|
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0003| The roll call vote was 5 For 0 Against
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0004| Yes: 5
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0005| No: 0
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0006| Excused: Altamirano, Aragon, Campos
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0007| Absent: None
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0008|
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0009|
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0010| H0405RU1
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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|
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0016| October 24, 1997
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0017|
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0018|
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0019| SENATE FLOOR AMENDMENT number to HOUSE BILL 405, as
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0020| amended
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0021|
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0022| AMENDMENT sponsored by SENATOR VERNON
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0023|
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0024| 1. On page 5, line 13, before the word "incomplete" insert
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0025| the word "intentionally".
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0001|
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0003|
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0005|
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0006|
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0007| Senator L. Skip Vernon
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0010|
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0011| Adopted Not Adopted
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0012|
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0013| (Chief Clerk) (Chief Clerk)
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0014|
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0015|
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0016| Date
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0018|
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0019|
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0020| H0405FS1
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