0001| HOUSE BILL 57
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| KIP W. NICELY
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0005|
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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 POST-SECONDARY EDUCATION; INCLUDING UTILITY
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0012| FACILITIES AND HEALTH CARE FACILITIES IN THE DEFINITION OF
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0013| RESEARCH PARKS; EXPANDING THE PURPOSE OF THE RESEARCH PARK ACT
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0014| TO INCLUDE SCIENCE, CONSERVATION AND HEALTH CARE; MAKING A
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0015| RESEARCH PARK AN AGENCY OR POLITICAL SUBDIVISION FOR THE
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0016| PURPOSE OF FURNISHING GOODS AND SERVICES TO THE OPERATING
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0017| UNIVERSITY.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. Section 21-28-2 NMSA 1978 (being Laws 1989,
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0021| Chapter 264, Section 2) is amended to read:
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0022| "21-28-2. RESEARCH PARK--PURPOSE.--The purpose of the
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0023| University Research Park Act is to:
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0024| A. promote the public welfare and prosperity of
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0025| the people of New Mexico; [and]
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0001| B. foster economic development within [the
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state by forging] New Mexico;
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0003| C. forge links between [the state's] New
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0004| Mexico's educational institutions, business and industrial
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0005| communities and government through the development of research
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0006| parks on university real property; and [through]
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0007| D. engage in other cooperative ventures of
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0008| innovative technological significance [which] that will
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0009| advance education, science, research, conservation, health
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0010| care or economic development within [the state] New
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0011| Mexico."
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0012| Section 2. Section 21-28-3 NMSA 1978 (being Laws 1989,
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0013| Chapter 264, Section 3, as amended) is amended to read:
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0014| "21-28-3. DEFINITIONS.--As used in the University
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0015| Research Park Act:
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0016| A. "bond" or "bonds" means any bond, note or other
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0017| evidence of indebtedness;
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0018| B. "regents" means:
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0019| (1) in the case of an educational institution
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0020| named in Article 12, Section 11 of the constitution of New
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0021| Mexico, the board of regents of the institution;
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0022| (2) in the case of a community college, the
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0023| community college board;
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0024| (3) in the case of a technical and vocational
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0025| institute, the governing board of the technical and vocational
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0001| institute district; and
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0002| (4) in the case of an area vocational school,
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0003| the governing board of the area vocational school district;
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0004| C. "research park" means research and development
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0005| facilities, research institutes, testing laboratories,
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0006| offices, light manufacturing, utility facilities, health care
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0007| facilities, related businesses, [and] government
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0008| installations and similar facilities, [together with]
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0009| including land; [including] all necessary appurtenances;
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0010| and rights and franchises acquired, constructed and
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0011| developed by a university or under its authority [which]
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0012| that are suitable or necessary to promote the social welfare
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0013| [of the state] of New Mexico through the advancement of
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0014| education, science, research, conservation, health care,
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0015| economic development and related purposes;
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0016| D. "research park corporation" means any
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0017| corporation formed pursuant to the provisions of the
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0018| University Research Park Act;
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0019| E. "technological innovations" means research,
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0020| development, prototype assembly, manufacture, patenting,
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0021| licensing, marketing and sale of inventions, ideas, practices,
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0022| applications, processes, machines, technology and related
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0023| property rights of all kinds; and
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0024| F. "university" means:
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0025| (1) a New Mexico educational institution
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0001| named in Article 12, Section 11 of the constitution of New
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0002| Mexico;
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0003| (2) a community college organized pursuant to
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0004| the Community College Act;
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0005| (3) a technical and vocational institute
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0006| organized pursuant to the Technical and Vocational Institute
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0007| Act; and
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0008| (4) an area vocational school organized
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0009| pursuant to [the Area Vocational School Act] Chapter 21,
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0010| Article 17 NMSA 1978."
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0011| Section 3. Section 21-28-6 NMSA 1978 (being Laws 1989,
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0012| Chapter 264, Section 6) is amended to read:
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0013| "21-28-6. POWERS OF RESEARCH PARK CORPORATION.--A
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0014| research park corporation shall have all the powers necessary
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0015| and convenient to carry out and effectuate the provisions of
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0016| the University Research Park Act, including but not limited to
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0017| the power to:
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0018| A. [to] approve or disapprove [research]
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0019| proposals;
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0020| B. [to] sue and be sued in its corporate name;
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0021| C. [to] purchase, take, receive or otherwise
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0022| acquire; own, hold, dispose of or use; and otherwise deal in
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0023| and with [real property or personal] property, including an
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0024| interest in or ownership of intangible personal property
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0025| [and], intellectual property [and] or technological
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0001| innovations [or any interest therein];
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0002| D. [to] sell, convey, pledge, exchange, transfer
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0003| [and] or otherwise dispose of [all or any part of any
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of] its assets and properties for [such] consideration upon
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0005| [such] terms and conditions [as] that the corporation
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0006| shall determine; provided that any sale, conveyance, pledge,
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0007| exchange, transfer or disposal of [any] a real property
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0008| interest by a research park corporation shall be made in
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0009| accordance with the provisions of Section 13-6-2 NMSA 1978;
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0010| E. [to] make contracts, incur liabilities
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0011| [and] or borrow money at [such] rates of interest [as]
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0012| that the research park corporation may determine;
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0013| F. [to] make and execute all contracts,
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0014| agreements [and] or instruments necessary or convenient in
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0015| the exercise of the powers and functions of the corporation
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0016| granted by [this] the University Research Park Act;
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0017| G. [to] receive and administer grants, contracts
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0018| and private gifts;
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0019| H. [to] invest and reinvest its funds;
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0020| I. [to] conduct its activities, carry on its
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0021| operations, have offices and exercise the powers granted by
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0022| the University Research Park Act;
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0023| J. [to] make and alter bylaws [not
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inconsistent] that may contain provisions indemnifying any
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0025| person who is or was a director, officer, employee or agent of
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0001| the corporation and that are consistent with the University
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0002| Research Park Act, for the administration and regulation of
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0003| the affairs of research park corporations [and such bylaws
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may contain provisions indemnifying any person who is or was a
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director, officer, employee or agent of the corporation];
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0006| K. [to] employ [such] officers and employees
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0007| [as] that it deems necessary, set their compensation and
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0008| prescribe their duties;
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0009| L. [to] enter into agreements with insurance
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0010| carriers to insure against any loss in connection with its
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0011| operations;
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0012| M. [to] authorize retirement programs and other
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0013| benefits for salaried officers and employees of the research
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0014| park corporation;
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0015| N. [to] employ fiscal consultants, attorneys and
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0016| [such] other consultants [and employees as] that may be
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0017| required [in its judgment] and to fix and pay their
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0018| compensation; and
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0019| O. [to acquire, hold and dispose of intellectual
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property and technological innovations and] enter into
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0021| license agreements and contracts, including those involving
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0022| intellectual property and technological innovations such as
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0023| patents, copyrights, franchises and trademarks [and matters
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related thereto; and
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P. to do all things authorized by law not
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inconsistent with the provisions of the University Research
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Park Act]."
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0003| Section 4. Section 21-28-7 NMSA 1978 (being Laws 1989,
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0004| Chapter 264, Section 7, as amended) is amended to read:
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0005| "21-28-7. LIMITATIONS ON APPLICATION OF LAWS.--[Except
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as provided in this section]
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0007| A. A research park corporation shall not be
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0008| deemed an agency, [or] public body or other political
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0009| subdivision of [the state] New Mexico, including for
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0010| purposes of applying statutes and laws relating to personnel,
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0011| procurement of goods and services, meetings of the board of
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0012| directors, gross receipts tax, disposition or acquisition of
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0013| [real or personal] property, capital outlays, per diem and
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0014| mileage and inspection of records.
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0015| B. A research park corporation shall be deemed
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0016| an agency or other political subdivision of the state for
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0017| purposes of applying statutes and laws relating to the
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0018| furnishing of goods and services to the university that
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0019| operates it and the risk management fund. [and]
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0020| C. A research park corporation, its officers,
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0021| directors and employees shall be granted immunity from
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0022| liability for any tort as provided in the Tort Claims Act. A
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0023| research park corporation may [also] enter into agreements
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0024| with insurance carriers to insure against [any] a loss in
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0025| connection with its operations even though the loss may be
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0001| included among losses covered by the risk management fund of
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0002| [the state] New Mexico."
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0003|
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