0001| HOUSE BILL 641
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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| MICHAEL S. SANCHEZ
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0009|
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0010| AN ACT
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0011| RELATING TO EDUCATION; MAKING ASSOCIATIONS AND ORGANIZATIONS
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0012| INVOLVED IN PUBLIC SCHOOL ACTIVITIES SUBJECT TO THE OPEN
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0013| MEETINGS ACT.
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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 22-2-2 NMSA 1978 (being Laws 1967,
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0017| Chapter 16, Section 5, as amended) is amended to read:
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0018| "22-2-2. STATE BOARD--DUTIES.--Without limiting those
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0019| powers granted to the state board pursuant to Section 22-2-1
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0020| NMSA 1978, the state board shall perform the following duties:
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0021| A. properly and uniformly enforce the provisions of
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0022| the Public School Code;
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0023| B. determine policy for the operation of all public
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0024| schools and vocational education programs in the state;
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0025| C. appoint a state superintendent;
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0001| D. purchase and loan instructional material to
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0002| students pursuant to the Instructional Material Law and adopt
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0003| regulations relating to the use and operation of instructional
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0004| material depositories in the instructional material
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0005| distribution process;
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0006| E. designate courses of instruction to be taught in
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0007| all public schools in the state;
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0008| F. assess and evaluate all state institutions and
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0009| those private schools that desire state accreditation;
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0010| G. determine the qualifications for and issue a
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0011| certificate to any person teaching, assisting teachers,
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0012| supervising an instructional program, counseling, providing
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0013| special instructional services or administering in public
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0014| schools, according to law and according to a system of
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0015| classification adopted and published by the state board;
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0016| H. suspend or revoke a certificate held by a
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0017| certified school instructor or certified school administrator,
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0018| according to law, for incompetency, immorality or for any other
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0019| good and just cause;
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0020| I. make full and complete reports on consolidation
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0021| of school districts to the legislature;
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0022| J. prescribe courses of instruction, requirements
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0023| for graduation and standards for all public schools, for
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0024| private schools seeking state accreditation and for the
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0025| educational programs conducted in state institutions other than
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0001| New Mexico military institute;
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0002| K. adopt regulations for the administration of all
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0003| public schools and bylaws for its own administration;
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0004| L. require periodic reports on forms prescribed by
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0005| it from all public schools and attendance reports from private
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0006| schools;
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0007| M. authorize adult educational programs to be
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0008| conducted in schools under its jurisdiction and adopt and
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0009| promulgate [and publish] regulations governing all such adult
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0010| educational programs;
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0011| N. require any school under its jurisdiction that
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0012| sponsors athletic programs involving sports to mandate that the
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0013| participating student obtain catastrophic health and accident
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0014| insurance coverage, such coverage to be offered through the
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0015| school and issued by an insurance company duly licensed
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0016| pursuant to the laws of New Mexico;
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0017| O. require all accrediting agencies for public
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0018| schools in the state to act with its approval;
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0019| P. accept and receive all grants of money from the
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0020| federal government or any other agency for public school
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0021| purposes and disburse the money in the manner and for the
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0022| purpose specified in the grant;
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0023| Q. require prior approval for any educational
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0024| program in a public school that is to be conducted, sponsored,
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0025| carried on or caused to be carried on by a private organization
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0001| or agency;
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0002| R. approve or disapprove all rules or regulations
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0003| promulgated by any association or organization attempting to
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0004| regulate any public school activity and invalidate any rule or
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0005| regulation in conflict with any regulation promulgated by the
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0006| state board. The state board shall require any association or
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0007| organization attempting to regulate any public school activity
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0008| to comply with the provisions of the Open Meetings Act. The
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0009| state board may require performance and financial audits of any
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0010| association or organization attempting to regulate any public
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0011| school activity. The state board shall have no power or
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0012| control over the rules or regulations or the bylaws governing
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0013| the administration of the internal organization of the
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0014| association or organization;
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0015| S. review decisions made by the governing board or
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0016| officials of any organization or association regulating any
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0017| public school activity, and any decision of the state board
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0018| shall be final in respect thereto;
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0019| T. accept or reject any charitable gift, grant,
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0020| devise or bequest. The particular gift, grant, devise or
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0021| bequest accepted shall be considered an asset of the state;
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0022| U. establish and maintain regional centers, at its
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0023| discretion, for conducting cooperative services between public
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0024| schools and school districts within and among those regions and
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0025| to facilitate regulation and evaluation of school programs;
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0001| V. assess and evaluate for accreditation purposes
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0002| at least one-third of all public schools each year through
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0003| visits by department of education personnel to investigate the
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0004| adequacy of pupil gain in standard required subject matter,
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0005| adequacy of pupil activities, functional feasibility of public
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0006| school and school district organization, adequacy of staff
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0007| preparation and other matters bearing upon the education of the
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0008| students;
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0009| W. provide for management and other necessary
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0010| personnel to operate any public school or school district that
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0011| has failed to meet requirements of law, state board standards
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0012| or state board regulations; provided that the operation of the
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0013| public school or school district shall not include any
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0014| consolidation or reorganization without the approval of the
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0015| local board of that school district. Until such time as
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0016| requirements of law, standards or regulations have been met and
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0017| compliance is assured, the powers and duties of the local
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0018| school board shall be suspended;
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0019| X. establish and implement a plan that provides for
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0020| technical assistance to local school boards through workshops
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0021| and other in-service training methods; provided, however, that
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0022| no plan shall require mandatory attendance by any member of a
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0023| local school board;
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0024| Y. submit a plan applying for funds available under
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0025| Public Law 94-142 and disburse these funds in the manner and
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0001| for the purposes specified in the plan; and
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0002| Z. enforce requirements for home schools. Upon
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0003| finding that a home school is not in compliance with law, the
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0004| state board shall have authority to order that a student attend
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0005| a public school or a private school."
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0006| - 6 -
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0019| State of New Mexico
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0020| House of Representatives
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0021|
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0022| FORTY-THIRD LEGISLATURE
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0023| FIRST SESSION, 1997
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0024|
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0025|
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0001| February 24, 1997
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0002|
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0003|
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0004| Mr. Speaker:
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0005|
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0006| Your EDUCATION COMMITTEE, to whom has been referred
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0007|
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0008| HOUSE BILL 641
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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, amended as follows:
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0012|
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0013| 1. On page 4, line 8, before the period insert "and be
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0014| subject to the inspection of the Public Records Act".,
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0015|
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0016| and thence referred to the APPROPRIATIONS AND FINANCE
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0017| COMMITTEE.
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0018|
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0019| Respectfully submitted,
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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|
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0025| Samuel F. Vigil, Chairman
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0001|
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0002|
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0003| Adopted Not Adopted
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0004|
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0005| (Chief Clerk) (Chief Clerk)
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0006|
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0007| Date
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0008|
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0009| The roll call vote was 11 For 0 Against
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0010| Yes: 11
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0011| Excused: Nicely, S.M. Williams
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0012| Absent: None
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0015|
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0016| C:\OFFICE\WPWIN\WPDOCS\H0641EC1.WPD
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0017|
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0018| FORTY-THIRD LEGISLATURE
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0019| FIRST SESSION, 1997
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0020|
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0021|
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0022| March 11, 1997
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0023|
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0024| Mr. President:
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0025|
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0001| Your EDUCATION COMMITTEE, to whom has been referred
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0002|
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0003| HOUSE BILL 641, as amended
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO PASS.
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013| __________________________________
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0014| Cynthia Nava, Chairman
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0016|
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0017|
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0018| Adopted_______________________ Not
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0019| 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|
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0024| Date ________________________
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0025|
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0001|
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0002| The roll call vote was 6 For Against
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0003| Yes: 6
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0004| No: 0
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0005| Excused: Duran, Garcia, Gorham, Pinto
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0006| Absent: None
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0008|
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0009| H0641ED1
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