0001| SENATE BILL 1150
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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| MANNY M. ARAGON
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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 CRIME VICTIMS REPARATION; AMENDING ELIGIBILITY
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0012| REQUIREMENTS FOR PERSONS WHO SEEK REPARATION AWARDS; AMENDING
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0013| SECTIONS OF THE CRIME VICTIMS REPARATION 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 31-22-3 NMSA 1978 (being Laws 1981,
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0017| Chapter 325, Section 3, as amended) is amended to read:
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0018| "31-22-3. DEFINITIONS.--As used in the Crime Victims
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0019| Reparation Act:
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0020| A. "child" means an unmarried person who is under
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0021| the age of majority and includes a stepchild and an adopted
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0022| child;
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0023| B. "collateral source" includes benefits for
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0024| economic loss otherwise reparable under the Crime Victims
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0025| Reparation Act which the victim or claimant has received or
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0001| which are readily available to him from:
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0002| (1) the offender;
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0003| (2) social security, medicare and medicaid;
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0004| (3) workers' compensation;
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0005| (4) any program of any employer for
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0006| continuation of wages in the event of the illness or injury of
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0007| an employee;
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0008| (5) proceeds of a contract of insurance
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0009| payable to the victim;
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0010| (6) a contract providing prepaid hospital and
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0011| other health care services or benefits for disability, except
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0012| for the benefits of any life insurance policy;
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0013| (7) applicable indigent funds; or
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0014| (8) cash donations;
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0015| C. "commission" means the crime victims reparation
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0016| commission;
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0017| D. "dependents" means those relatives of the
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0018| deceased or disabled victim who are more than fifty percent
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0019| dependent upon the victim's income at the time of his death or
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0020| disability and includes the child of a victim born after his
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0021| death or disability;
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0022| E. "family relationship group" means any person
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0023| related to another person within the fourth degree of
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0024| consanguinity or affinity;
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0025| F. "injury" means actual bodily harm or
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0001| disfigurement and includes pregnancy and extreme mental
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0002| distress. For the purposes of this subsection, "extreme mental
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0003| distress" means a substantial personal disorder of emotional
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0004| processes, thought or cognition [which] that impairs
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0005| judgment, behavior or ability to cope with the ordinary demands
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0006| of life;
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0007| G. "relative" means a person's spouse, parent,
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0008| grandparent, stepfather, stepmother, child, grandchild, minor
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0009| brother, minor sister, minor half-brother, minor half-sister or
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0010| spouse's parents; and
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0011| H. "victim" means:
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0012| (1) a person in New Mexico who is injured or
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0013| killed by any act or omission of any other person that is a
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0014| crime enumerated in Section 31-22-8 NMSA 1978; [or]
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0015| (2) a resident of New Mexico who is injured or
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0016| killed by such a crime occurring in a state other than New
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0017| Mexico if that state does not have an eligible crime victims
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0018| compensation program; or
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0019| (3) a resident of New Mexico who is injured or
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0020| killed by an act of international terrorism, as provided in 18
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0021| U.S.C. Section 2331."
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0022| Section 2. Section 31-22-8 NMSA 1978 (being Laws 1981,
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0023| Chapter 325, Section 8, as amended) is amended to read:
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0024| "31-22-8. CRIMES ENUMERATED.--
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0025| A. The crimes to which the Crime Victims Reparation
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0001| Act applies and for which reparation to victims may be made are
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0002| the following enumerated offenses and all other offenses in
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0003| which any enumerated offense is necessarily included:
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0004| (1) arson resulting in bodily injury;
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0005| (2) aggravated arson;
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0006| (3) aggravated assault or aggravated battery;
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0007| (4) dangerous use of explosives;
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0008| (5) negligent use of a deadly weapon;
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0009| (6) murder;
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0010| (7) voluntary manslaughter;
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0011| (8) involuntary manslaughter;
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0012| (9) [kidnaping] kidnapping;
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0013| (10) criminal sexual penetration;
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0014| (11) criminal sexual contact of a minor;
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0015| (12) homicide by vehicle or great bodily
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0016| injury by vehicle, as [defined] provided in Section 66-8-
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0017| 101 NMSA 1978; [and]
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0018| (13) abandonment or abuse of a child;
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0019| (14) aggravated indecent exposure, as
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0020| provided in Section 30-9-14.3 NMSA 1978; and
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0021| (15) stalking, as provided in Section 30-3A-3
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0022| NMSA 1978, when the offender has at least one prior conviction
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0023| for stalking.
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0024| B. No award shall be made for any loss or damage to
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0025| property."
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0001| Section 3. Section 31-22-14 NMSA 1978 (being Laws 1981,
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0002| Chapter 325, Section 14, as amended) is amended to read:
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0003| "31-22-14. LIMITATIONS ON AWARD--COLLATERAL RECOVERY--
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0004| PRELIMINARY AWARD.--
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0005| A. No order for the payment of reparation shall be
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0006| made unless application has been made within [one year] two
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0007| years after the date of the injury or death and the injury or
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0008| death was the result of a crime enumerated in Section 31-22-8
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0009| NMSA 1978 [which] that had been reported to the police
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0010| within thirty days after its occurrence [unless the
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commission, in its sole discretion upon good cause shown,
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allows application to be made. The commission shall enact
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regulations specifying circumstances constituting good cause
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pursuant to this provision]. In no event shall reparation be
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0015| given unless application has been made within two years after
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0016| the injury or death, except for minors who are victims of
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0017| criminal activity under the provisions of Section 30-6-1 NMSA
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0018| 1978, regarding abandonment or abuse of a child, Section 30-9-
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0019| 11 NMSA 1978, regarding criminal sexual penetration, or Section
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0020| 30-9-13 NMSA 1978, regarding criminal sexual contact of a
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0021| minor. The date of incident for minors who are victims of
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0022| these types of criminal activity shall be the date the victim
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0023| attains the age of eighteen years or the date that the criminal
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0024| activity is reported to a law enforcement agency, whichever
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0025| occurs first.
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0001| B. No award of reparation shall be in excess of
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0002| twenty thousand dollars ($20,000) per victim.
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0003| C. Except as provided by Subsection [D] E of
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0004| this section, the commission shall deduct from any reparation
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0005| awarded any payments received from a collateral source or from
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0006| the United States, the state or any of its political
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0007| subdivisions for injury or death subject to reparation under
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0008| the Crime Victims Reparation Act. [Where] If the claimant
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0009| receives an award of reparation from the commission and also
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0010| receives payment as set forth in the preceding sentence for
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0011| which no deduction was made, the claimant shall refund to the
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0012| state the lesser of the amount of reparation paid or the sums
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0013| not so deducted.
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0014| D. If the claimant receives an award of reparation
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0015| from the commission and also receives an award pursuant to a
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0016| civil judgment arising from a criminal occurrence for which a
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0017| reparation award was paid, the claimant shall refund to the
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0018| state the amount of the reparation paid to him. The commission
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0019| may negotiate a reasonable settlement regarding repayment of
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0020| the reparation award if special circumstances exist.
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0021| [D.] E. If it appears that a final award of
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0022| reparation will be made by the commission, a preliminary award
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0023| not to exceed three thousand five hundred dollars ($3,500) may
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0024| be authorized by the director of the commission or the
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0025| commission's designee when the commission chairman concurs.
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0001| The amount of the preliminary award shall be deducted from any
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0002| final award made by the commission."
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0003| Section 4. EFFECTIVE DATE.--The effective date of the
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0004| provisions of this act is July 1, 1997.
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0005|
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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| March 10, 1997
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0012|
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0013| Mr. President:
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0014|
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0015| Your JUDICIARY COMMITTEE, to whom has been referred
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0016|
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0017| SENATE BILL 1150
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, and thence referred to the
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0021| FINANCE COMMITTEE.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003| __________________________________
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0004| Fernando R. Macias, Chairman
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0005|
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0006|
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0007|
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0008| Adopted_______________________ Not
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0009| Adopted_______________________
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012|
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0013| Date ________________________
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0014|
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0015|
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0016| The roll call vote was 6 For 0 Against
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0017| Yes: 6
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0018| No: 0
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0019| Excused: Sanchez, Tsosie
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0020| Absent: None
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0021|
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0022|
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0023| S1150JU1
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0024|
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0025|
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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| March, 1997
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0007|
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0008| Mr. President:
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0009|
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0010| Your FINANCE COMMITTEE, to whom has been referred
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0011|
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0012| SENATE BILL 1150
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0013|
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0014| has had it under consideration and reports same with
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0015| recommendation that it DO PASS.
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0016|
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0017| Respectfully submitted,
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0018|
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0019|
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0020|
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0021|
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0022| __________________________________
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0023| Ben D. Altamirano, Chairman
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0024|
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0025|
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0001|
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0002| Adopted_______________________ Not
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0003| Adopted_______________________
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006|
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0007|
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0008| Date ________________________
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0009|
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0010|
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0011| The roll call vote was 6 For 0 Against
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0012| Yes: 6
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0013| No: None
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0014| Excused: Aragon, Altamirano, Carraro, Ingle, Lyons
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0015| Absent: None
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0016|
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0017|
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0018| S1150FC1
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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| March 21, 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 JUDICIARY COMMITTEE, to whom has been referred
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0007|
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0008| SENATE BILL 1150
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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.
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0012|
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0013| Respectfully submitted,
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0014|
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0015|
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0016|
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0017|
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0018| Thomas P. Foy, Chairman
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0019|
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0020|
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0021| Adopted Not Adopted
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0022|
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025| Date
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0001|
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0002| The roll call vote was 9 For 0 Against
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0003| Yes: 9
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0004| Excused: Alwin, Luna, Rios, Sanchez
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0005| Absent: None
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0006|
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0007|
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0008| G:\BILLTEXT\BILLW_97\S1150
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