0001| HOUSE BILL 1076
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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| NICK L. SALAZAR
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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 THE ELDERLY; TRANSFERRING CERTAIN SERVICES FOR
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0012| DISABLED AND ELDERLY ADULTS TO THE STATE AGENCY ON AGING;
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0013| TRANSFERRING FUNDS AND PROPERTY TO THE STATE AGENCY ON AGING.
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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 27-7-16 NMSA 1978 (being Laws 1989,
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0017| Chapter 389, Section 3, as amended) is amended to read:
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0018| "27-7-16. DEFINITIONS.--As used in the Adult Protective
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0019| Services Act:
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0020| A. "abuse" means:
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0021| (1) knowingly, intentionally or negligently
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0022| and without justifiable cause inflicting physical pain, injury
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0023| or mental anguish; or
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0024| (2) the intentional deprivation by a caretaker
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0025| or other person of services necessary to maintain the mental
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0001| and physical health of an adult;
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0002| B. "adult" means a person eighteen years of age or
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0003| older;
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0004| C. "appropriate facility" means any facility other
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0005| than a jail or detention facility;
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0006| D. "caretaker" means an individual or institution
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0007| that has assumed the responsibility for the care of an adult;
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0008| E. "conservator" means a person who is appointed by
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0009| a court to manage the estate of a protected adult;
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0010| F. "court" means the district court having
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0011| jurisdiction;
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0012| G. "department" means the [human services
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department] state agency on aging;
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0014| H. "emergency" means that an adult is living in
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0015| conditions that present a substantial risk of death or
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0016| immediate and serious physical harm to himself or others;
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0017| I. "exploitation" means an unjust or improper use
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0018| of an adult's resources for another's profit or advantage,
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0019| pecuniary or otherwise;
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0020| J. "guardian" means a person who is a guardian of
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0021| an incapacitated adult pursuant to a court order;
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0022| K. "incapacitated adult" means any adult who
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0023| demonstrates over time partial or complete functional
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0024| impairment by reason of mental illness, mental deficiency,
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0025| physical illness or disability, chronic use of drugs, chronic
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0001| intoxication or other causes to the extent that he is unable to
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0002| manage his personal care or he is unable to manage his personal
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0003| property and financial affairs;
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0004| L. "independent living arrangements" means a mode
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0005| of life maintained on a continuing basis outside of a hospital,
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0006| veterans' administration hospital, nursing home or other
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0007| facility licensed by or under the jurisdiction of any state
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0008| agency;
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0009| M. "interested person" means any adult relative,
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0010| any person who has an interest in the welfare of the adult to
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0011| be protected under the Adult Protective Services Act or any
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0012| official or representative of a protective services agency or
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0013| of any public or nonprofit agency, corporation, board or
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0014| organization eligible for designation as a protective services
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0015| agency;
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0016| N. "neglect" means failure of the caretaker of an
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0017| adult to provide basic needs such as clothing, food, shelter,
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0018| supervision and care for the physical and mental health for
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0019| that adult or failure by an adult to provide such basic needs
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0020| for himself;
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0021| O. "protected adult" means an adult for whom a
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0022| guardian or conservator has been appointed or other protective
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0023| order has been made;
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0024| P. "protective placement" means the transfer of an
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0025| adult from independent living arrangements to a hospital,
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0001| nursing home, domiciliary or residential care facility, or from
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0002| one such institution to another;
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0003| Q. "protective services" means the services
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0004| furnished by the department or a protective services agency or
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0005| its delegate, as described in Section 27-7-21 NMSA 1978; and
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0006| R. "protective services agency" means a
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0007| corporation, board or organization authorized by the department
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0008| pursuant to the Adult Protective Services Act to furnish
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0009| protective services to protected or incapacitated adults or to
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0010| serve as conservators or guardians of protected or
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0011| incapacitated adults upon appointment by a court."
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0012| Section 2. Section 28-4-5 NMSA 1978 (being Laws 1979,
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0013| Chapter 203, Section 2) is amended to read:
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0014| "28-4-5. AGENCY DUTIES.--The state agency on aging shall
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0015| establish and maintain a comprehensive statewide program
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0016| designed to meet the social service needs of the state's aged
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0017| population, including but not limited to the following:
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0018| A. strengthen and coordinate services of state and
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0019| local public bodies for the benefit of the aged;
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0020| B. promote the utilization of older persons in all
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0021| phases of employment;
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0022| C. disseminate information to the aged relative to
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0023| federal, state and local services for the aged;
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0024| D. encourage training programs, retraining programs
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0025| and opportunities for older workers;
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0001| E. develop new methods of job placement for older
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0002| workers;
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0003| F. promote public recognition of the advantages of
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0004| hiring and retaining older workers; [and]
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0005| G. promote and develop programs of community
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0006| resources and facilities designed to meet the social needs of
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0007| older persons;
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0008| H. provide services pursuant to the disabled and
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0009| elderly waiver program; and
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0010| I. implement the Adult Protective Services Act and
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0011| its associated support services."
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0012| Section 3. Section 28-17-3 NMSA 1978 (being Laws 1989,
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0013| Chapter 208, Section 3) is amended to read:
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0014| "28-17-3. DEFINITIONS.--As used in the Long-Term Care
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0015| Ombudsman Act:
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0016| A. "adult protective services" means the [human
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services department] program implemented pursuant to the
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0018| Adult Protective Services Act;
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0019| B. "agency" means the state agency on aging;
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0020| C. "director" means the director of the state
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0021| agency on aging;
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0022| D. "licensing and certification" means the
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0023| licensing and certification bureau of the public health
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0024| division of the department of health [and environment
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department];
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0001| E. "long-term care facility" means:
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0002| (1) a skilled nursing facility;
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0003| (2) an intermediate care nursing facility;
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0004| (3) an intermediate care facility for the
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0005| mentally retarded;
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0006| (4) a nursing facility;
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0007| (5) an adult residential shelter care home;
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0008| (6) a boarding home;
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0009| (7) any other adult care home;
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0010| (8) a continuing care community;
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0011| (9) any swing bed in an acute care facility or
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0012| extended care facility; and
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0013| (10) any adult day health care facility;
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0014| F. "office" means the office of the state long-term
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0015| care ombudsman;
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0016| G. "Older Americans Act" means the federal Older
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0017| Americans Act;
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0018| H. "older individual" means any individual who is
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0019| sixty years of age or older;
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0020| I. "ombudsman" means an individual trained and
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0021| certified to act as a representative of the office of the state
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0022| long-term care ombudsman;
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0023| J. "ombudsman coordinator" means the coordinator of a
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0024| regional or local ombudsman program designated by the office of
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0025| the state ombudsman; and
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0001| K. "state ombudsman" means the state long-term care
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0002| ombudsman."
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0003| Section 4. TEMPORARY PROVISION.--On July 1, 1997:
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0004| A. in regard to adult protective services and all the
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0005| support services for that program in the human services
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0006| department and the children, youth and families department:
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0007| (1) all appropriations, money, records and
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0008| property pertaining to that program or its support services
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0009| shall be transferred to the state agency on aging; and
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0010| (2) all contracts and agreements pertaining to
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0011| that program or its support services shall be binding on and
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0012| remain in effect with the state agency on aging; and
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0013| B. in regard to the disabled and elderly waiver
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0014| program and the support services required to implement that
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0015| program in the department of health or the human services
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0016| department:
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0017| (1) all appropriations, money, records and
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0018| property pertaining to that program and its support services
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0019| shall be transferred the state agency on aging; and
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0020| (2) all contracts and agreements pertaining to
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0021| that program and its support services shall be binding on and
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0022| remain in effect with the state agency on aging.
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0023| Section 5. EFFECTIVE DATE.--The effective date of the
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0024| provisions of this act is July 1, 1997.
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0025| State of New Mexico
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0001| House of Representatives
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0002|
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0003| FORTY-THIRD LEGISLATURE
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0004| FIRST SESSION, 1997
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0005|
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0006|
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0007| March 4, 1997
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0008|
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0009|
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0010| Mr. Speaker:
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0011|
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0012| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
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0013| whom has been referred
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0014|
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0015| HOUSE BILL 1076
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO PASS, and thence referred to the
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0019| CONSUMER AND PUBLIC AFFAIRS COMMITTEE.
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0020|
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0021|
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0022| Respectfully submitted,
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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|
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0003|
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0004| Lynda M. Lovejoy, Chairwoman
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0005|
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0006|
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0007| Adopted Not Adopted
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0008| (Chief Clerk)
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0009| (Chief Clerk)
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0010|
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0011| Date
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0012|
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0013| The roll call vote was 5 For 2 Against
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0014| Yes: 5
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0015| No: Pearce, Wallace
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0016| Excused: Hobbs
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0017| Absent: None
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0018|
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0019|
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0020| G:\BILLTEXT\BILLW_97\H1076
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