0001| HOUSE BILL 1267
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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| MURRAY RYAN
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0006|
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0007|
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0008| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO THE CONSTRUCTION OF STATUTES AND ADMINISTRATIVE
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0012| RULES; ENACTING THE UNIFORM STATUTE AND RULE CONSTRUCTION ACT;
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0013| PROVIDING GENERAL DEFINITIONS AND PRINCIPLES OF CONSTRUCTION;
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0014| REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. SHORT TITLE--APPLICABILITY.--
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0018| A. This act may be cited as the "Uniform Statute
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0019| and Rule Construction Act".
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0020| B. The Uniform Statute and Rule Construction Act
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0021| applies to a statute enacted or rule adopted on or after the
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0022| effective date of that act unless the statute or rule expressly
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0023| provides otherwise, the context of its language requires
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0024| otherwise or the application of that act to the statute or rule
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0025| would be infeasible.
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0001| C. Subsection B of this section does not authorize
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0002| an administrative agency to exempt its rules from a provision
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0003| of the Uniform Statute and Rule Construction Act.
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0004| Section 2. COMMON AND TECHNICAL USAGE.--Unless a word or
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0005| phrase is defined in the statute or rule being construed, its
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0006| meaning is determined by its context, the rules of grammar and
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0007| common usage. A word or phrase that has acquired a technical
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0008| or particular meaning in a particular context has that meaning
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0009| if it is used in that context.
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0010| Section 3. GENERAL DEFINITIONS.--In the statutes and
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0011| rules of New Mexico:
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0012| A. "annually" means per year;
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0013| B. "age of majority" begins on the first instant of
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0014| an individual's eighteenth birthday;
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0015| C. "child" includes a child by adoption;
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0016| D. "oath" includes an affirmation;
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0017| E. "person" means an individual, corporation,
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0018| business trust, estate, trust, partnership, limited liability
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0019| company, association, joint venture or any legal or commercial
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0020| entity;
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0021| F. "personal property" means property other than
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0022| real property;
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0023| G. "personal representative" of a decedent's estate
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0024| includes an administrator and executor;
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0025| H. "population" means the number of individuals
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0001| enumerated in the most recent federal decennial census;
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0002| I. "property" means real and personal property;
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0003| J. "real property" means an estate or interest in,
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0004| over or under land and other things or interests, including
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0005| minerals, water, structures and fixtures that by custom, usage
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0006| or law pass with a transfer of land even if the estate or
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0007| interest is not described or mentioned in the contract of sale
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0008| or instrument of conveyance and, if appropriate to the context,
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0009| the land in which the estate or interest is claimed;
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0010| K. "rule" means a rule, regulation, order, standard
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0011| or statement of policy, including amendments thereto or repeals
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0012| thereof, promulgated by an administrative agency, that purports
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0013| to affect one or more administrative agencies other than the
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0014| promulgating agency or that purports to affect persons who are
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0015| not members or employees of the promulgating agency;
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0016| L. "sign" or "subscribe" includes the execution or
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0017| adoption of any symbol by a person with the present intention
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0018| to authenticate a writing;
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0019| M. "state" means a state of the United States, the
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0020| District of Columbia, the Commonwealth of Puerto Rico or any
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0021| territory or insular possession subject to the jurisdiction of
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0022| the United States;
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0023| N. "swear" includes affirm;
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0024| O. "will" includes a codicil; and
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0025| P. "written" and "in writing" includes printing,
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0001| engraving or any other mode of representing words and letters.
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0002| Section 4. CONSTRUCTION OF "SHALL", "MUST" AND "MAY".--
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0003| A. "Shall" and "must" express a duty, obligation,
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0004| requirement or condition precedent.
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0005| B. "May" confers a power, authority, privilege or
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0006| right.
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0007| C. "May not", "must not" and "shall not" prohibit
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0008| the exercise of a power, authority, privilege or right.
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0009| Section 5. NUMBER, GENDER AND TENSE.--
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0010| A. Use of the singular number includes the plural,
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0011| and use of the plural number includes the singular.
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0012| B. Use of a word of one gender includes
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0013| corresponding words of the other genders.
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0014| C. Use of a verb in the present tense includes the
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0015| future tense.
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0016| Section 6. REFERENCE TO SERIES.--A reference to a series
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0017| of numbers or letters includes the first and last number or
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0018| letter.
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0019| Section 7. COMPUTATION OF TIME.--In computing a period of
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0020| time prescribed or allowed by a statute or rule, the following
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0021| rules apply:
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0022| A. if the period is expressed in days, the first
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0023| day of the period is excluded and the last day is included;
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0024| B. if the period is expressed in weeks, the period
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0025| ends on the day that is the same day of the concluding week as
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0001| the day of the week on which an event determinative of the
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0002| computation occurred;
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0003| C. if the period is expressed in months, the period
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0004| ends on the day of the concluding month that is numbered the
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0005| same as the day of the month on which an event determinative of
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0006| the computation occurred, unless the concluding month has no
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0007| such day, in which case the period ends on the last day of the
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0008| concluding month;
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0009| D. if the period is expressed in years, the period
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0010| ends on the day of the concluding month of the concluding year
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0011| that is numbered the same as the day of the month of the year
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0012| on which an event determinative of the computation occurred,
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0013| unless the concluding month has no such day, in which case the
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0014| period ends on the last day of the concluding month of the
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0015| concluding year;
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0016| E. if the period is less than eleven days, a
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0017| Saturday, Sunday or legal holiday is excluded from the
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0018| computation;
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0019| F. if the last day of the period is a Saturday,
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0020| Sunday or legal holiday, the period ends on the next day that
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0021| is not a Saturday, Sunday or legal holiday;
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0022| G. a day begins immediately after midnight and ends
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0023| at the next midnight;
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0024| H. if the period is determinable by the occurrence
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0025| of a future event, the first day of the period is ascertained
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0001| by applying the rules of Subsections A through G of this
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0002| section backward from the last day of the period as if the
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0003| event had occurred; and
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0004| I. in computing the time that a legislative session
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0005| shall end, the word "day" means a twenty-four-hour period from
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0006| 12:00 noon on one calendar day to 12:00 noon on the next
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0007| calendar day.
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0008| Section 8. PROSPECTIVE OPERATION.--A statute or rule
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0009| operates prospectively only unless the statute or rule
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0010| expressly provides otherwise or its context requires that it
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0011| operate retrospectively.
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0012| Section 9. SEVERABILITY.--If a provision of a statute or
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0013| rule or its application to any person or circumstance is held
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0014| invalid, the invalidity does not affect other provisions or
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0015| applications of the statute or rule that can be given effect
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0016| without the invalid provision or application, and to this end
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0017| the provisions of the statute or rule are severable.
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0018| Section 10. IRRECONCILABLE STATUTES OR RULES.--
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0019| A. If statutes appear to conflict, they must be
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0020| construed, if possible, to give effect to each. If the
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0021| conflict is irreconcilable, the later-enacted statute governs.
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0022| However, an earlier-enacted specific, special or local statute
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0023| prevails over a later-enacted general statute unless the
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0024| context of the later-enacted statute indicates otherwise.
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0025| B. If an administrative agency's rules appear to
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0001| conflict, they must be construed, if possible, to give effect
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0002| to each. If the conflict is irreconcilable, the later-adopted
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0003| rule governs. However, an earlier-adopted specific, special or
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0004| local rule prevails over a later-adopted general rule unless
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0005| the context of the later-adopted rule indicates otherwise.
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0006| C. If a statute is a comprehensive revision of the
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0007| law on a subject, it prevails over previous statutes on the
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0008| subject, whether or not the revision and the previous statutes
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0009| conflict irreconcilably.
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0010| D. If a rule is a comprehensive revision of the
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0011| rules on the subject, it prevails over previous rules on the
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0012| subject, whether or not the revision and the previous rules
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0013| conflict irreconcilably.
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0014| Section 11. ENROLLED AND ENGROSSED BILL CONTROLS OVER
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0015| SUBSEQUENT PUBLICATION.--If the text of an enrolled and
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0016| engrossed bill differs from a later publication of the text,
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0017| the enrolled and engrossed bill prevails.
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0018| Section 12. INCORPORATION BY REFERENCE.--
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0019| A. A statute or rule that incorporates by reference
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0020| another procedural statute of New Mexico incorporates a later
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0021| enactment or amendment of the other statute.
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0022| B. A statute that incorporates by reference a rule
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0023| of New Mexico does not incorporate a later adoption or
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0024| amendment of the rule.
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0025| C. A rule that incorporates by reference another
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0001| rule of New Mexico incorporates a later adoption or amendment
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0002| of the other rule.
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0003| Section 13. HEADINGS AND TITLES.--Headings and titles may
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0004| not be used in construing a statute or rule unless they are
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0005| contained in the enrolled and engrossed bill or rule as
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0006| adopted.
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0007| Section 14. CONTINUATION OF PREVIOUS STATUTE OR RULE.--A
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0008| statute or rule that is revised, whether by amendment or by
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0009| repeal and reenactment, is a continuation of the previous
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0010| statute or rule and not a new enactment to the extent that it
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0011| contains substantially the same language as the previous
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0012| statute or rule.
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0013| Section 15. REPEAL OF REPEALING STATUTE OR RULE.--The
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0014| repeal of a repealing statute or rule does not revive the
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0015| statute or rule originally repealed or impair the effect of a
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0016| savings clause in the original repealing statute or rule.
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0017| Section 16. EFFECT OF AMENDMENT OR REPEAL.--
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0018| A. An amendment or repeal of a civil statute or
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0019| rule does not affect a pending action or proceeding or a right
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0020| accrued before the amendment or repeal takes effect.
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0021| B. A pending civil action or proceeding may be
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0022| completed and a right accrued may be enforced as if the statute
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0023| or rule had not been amended or repealed.
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0024| C. If a criminal penalty for a violation of a
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0025| statute or rule is reduced by an amendment, the penalty, if not
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0001| already imposed, must be imposed under the statute or rule as
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0002| amended.
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0003| Section 17. CITATION FORMS.--Citations in the following
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0004| forms are adequate for all purposes:
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0005| A. session laws: "Laws 1995, Chapter 1, Section 1"
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0006| or "L. 1995, Ch. 1, 1"; and
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0007| B. annotated statutes: " 1-1-1 NMSA 1978" or
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0008| "Section 1-1-1 NMSA 1978".
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0009| Section 18. PRINCIPLES OF CONSTRUCTION--PRESUMPTION.--
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0010| A. A statute or rule is construed, if possible, to:
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0011| (1) give effect to its objective and purpose;
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0012| (2) give effect to its entire text; and
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0013| (3) avoid an unconstitutional, absurd or
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0014| unachievable result.
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0015| B. A statute that is intended to be uniform with
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0016| those of other states is construed to effectuate that purpose
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0017| with respect to the subject of the statute.
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0018| C. The presumption that a civil statute in
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0019| derogation of the common law is construed strictly does not
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0020| apply to a statute of this state.
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0021| Section 19. PRIMACY OF TEXT.--The text of a statute or
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0022| rule is the primary, essential source of its meaning.
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0023| Section 20. OTHER AIDS TO CONSTRUCTION.--
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0024| A. In considering the text of a statute or rule in
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0025| light of Sections 2 through 7 and Sections 18 and 19 of the
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0001| Uniform Statute and Rules Construction Act, and the context in
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0002| which the statute or rule is applied, the following aids to
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0003| construction may be considered in ascertaining the meaning of
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0004| the text:
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0005| (1) the meaning of a word or phrase may be
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0006| limited by the series of words or phrases of which it is a
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0007| part; and
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0008| (2) the meaning of a general word or phrase
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0009| following two or more specific words or phrases may be limited
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0010| to the category established by the specific words or phrases.
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0011| B. In addition to considering the text of a statute
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0012| or rule in light of Sections 2 through 7 and Sections 18 and 19
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0013| of the Uniform Statute and Rules Construction Act, the context
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0014| in which the statute or rule is applied and the aids to
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0015| construction in Subsection A of this section, the following
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0016| aids to construction may be considered in ascertaining the
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0017| meaning of the text:
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0018| (1) a settled judicial construction in another
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0019| jurisdiction as of the time a statute or rule is borrowed from
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0020| the other jurisdiction;
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0021| (2) a judicial construction of the same or
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0022| similar statute or rule of this or another state;
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0023| (3) an official commentary published and
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0024| available before the enactment or adoption of the statute or
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0025| rule;
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0001| (4) an administrative construction of the same
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0002| or similar statute or rule of this state;
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0003| (5) a previous statute or rule, or the common
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0004| law, on the same subject;
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0005| (6) a statute or rule on the same or a related
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0006| subject, even if it was enacted or adopted at a different time;
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0007| and
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0008| (7) a reenactment of a statute or readoption
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0009| of a rule that does not change the pertinent language after a
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0010| court or agency construed the statute or rule.
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0011| C. If, after considering the text of a statute or
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0012| rule in light of Sections 2 through 7 and Sections 18 and 19 of
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0013| the Uniform Statute and Rules Construction Act, the context in
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0014| which the statute or rule is applied and the aids to
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0015| construction in Subsections A and B of this section, the
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0016| meaning of the text or its application is uncertain, the
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0017| following aids to construction may be considered in
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0018| ascertaining the meaning of the text:
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0019| (1) the circumstances that prompted the
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0020| enactment or adoption of the statute or rule;
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0021| (2) the purpose of a statute or rule as
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0022| determined from the legislative or administrative history of
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0023| the statute or rule; and
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0024| (3) the history of other legislation on the
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0025| same subject.
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0001| Section 21. REPEAL.--Sections 12-2-1, 12-2-2 and 12-2-6
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0002| NMSA 1978 (being Laws 1865-1866, Page 192, Section 4, Laws
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0003| 1880, Chapter 6, Section 32 and Laws 1912, Chapter 21, Section
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0004| 1, as amended) are repealed.
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0005| Section 22. EFFECTIVE DATE.--The effective date of the
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0006| provisions of this act is July 1, 1997.
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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| State of New Mexico
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0012| House of Representatives
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0013|
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0014| FORTY-THIRD LEGISLATURE
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0015| FIRST SESSION, 1997
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0016|
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0017|
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0018| March 10, 1997
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0019|
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0020|
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0021| Mr. Speaker:
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0022|
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0023| Your JUDICIARY COMMITTEE, to whom has been referred
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0024|
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0025| HOUSE BILL 1267
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0001|
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0002| has had it under consideration and reports same with
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0003| recommendation that it DO PASS, and thence referred to the
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0004| APPROPRIATIONS AND FINANCE COMMITTEE.
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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| Thomas P. Foy, 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 11 For 0 Against
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0022| Yes: 11
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0023| Excused: King, Rios
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0024| Absent: None
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0025|
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0001|
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0002| G:\BILLTEXT\BILLW_97\H1267
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0003|
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0004| FORTY-THIRD LEGISLATURE
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0005| FIRST SESSION, 1997
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0006|
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0007|
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0008| March 18, 1997
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0009|
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0010| Mr. President:
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0011|
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0012| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0013| referred
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0014|
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0015| HOUSE BILL 1267
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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| JUDICIARY COMMITTEE.
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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| Shannon Robinson, Chairman
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0003|
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0004|
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0005|
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0006| Adopted_______________________ Not
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0007| Adopted_______________________
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010|
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0011| Date ________________________
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0012|
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0013|
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0014| The roll call vote was 5 For 0 Against
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0015| Yes: 5
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0016| No: 0
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0017| Excused: Adair, Boitano, Ingle, Rodarte
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0018| Absent: 0
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0019|
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0020|
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0021| H1267PA1
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0022|
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