0001| HOUSE BILL 434 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| THOMAS G. DOLLIVER | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO HEALTH FACILITIES; PROVIDING FOR HEALTH FACILITY | 0013| RECEIVERSHIPS. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 24-1-2 NMSA 1978 (being Laws 1973, | 0017| Chapter 359, Section 2, as amended) is amended to read: | 0018| "24-1-2. DEFINITIONS.--As used in the Public Health Act: | 0019| A. "department" or "division" means the [health | 0020| services division of the health and environment department] | 0021| children, youth and families department as to child-care | 0022| centers and facilities and the department of health as to all | 0023| other health facilities; | 0024| B. "director" means the [director of the division] | 0025| secretary; | 0001| C. "person", when used without further | 0002| qualification, means any individual or any other form of entity | 0003| recognized by law; [and] | 0004| D. "health facility" means any public hospital, | 0005| profit or nonprofit private hospital, general or special | 0006| hospital, outpatient facility, [sanitarium] maternity home or | 0007| shelter, adult day-care facility, [asylum] nursing home, | 0008| intermediate care facility, boarding home not under the control | 0009| of an institution of higher learning, child-care center, shelter | 0010| care home, diagnostic and treatment center, rehabilitation | 0011| center, infirmary or a health service organization operating as | 0012| a free standing hospice or a home health agency. The | 0013| designation of these [services as a health facility] entities | 0014| as health facilities is only for the purposes of definition in | 0015| the Public Health Act and does not imply that a free-standing | 0016| hospice or a home health agency is considered a health facility | 0017| for the purposes of other provisions of state or federal laws. | 0018| "Health facility" also includes those facilities which, by | 0019| federal regulation, must be licensed by the state to obtain or | 0020| maintain full or partial, permanent or temporary federal | 0021| funding. It does not include the offices and treatment rooms of | 0022| licensed private practitioners; and | 0023| E. "secretary" means the secretary of children, | 0024| youth and families as to child-care centers and facilities and | 0025| the secretary of health as to all other health facilities." | 0001| Section 2. Section 24-1-5 NMSA 1978 (being Laws 1973, | 0002| Chapter 359, Section 5, as amended) is amended to read: | 0003| "24-1-5. LICENSURE OF HEALTH FACILITIES.-- | 0004| A. No health facility shall be operated without a | 0005| license issued by the department. If a health facility is found | 0006| to be operating without a license, in order to protect human | 0007| health or safety the [director] secretary may issue a | 0008| cease-and-desist order. The health facility may request a | 0009| hearing, which shall be held in the manner provided in this | 0010| section. The department may also proceed pursuant to the Health | 0011| Facility Receivership Act. | 0012| B. The department is authorized to make [such] | 0013| inspections and investigations and to prescribe [such] | 0014| regulations [as] it deems necessary or desirable to promote | 0015| the health, safety and welfare of persons utilizing health | 0016| facilities. | 0017| C. Except as provided in Subsection F of this | 0018| section, upon receipt of an application for a license to operate | 0019| a health facility, the department shall promptly inspect the | 0020| health facility to determine if it is in compliance with all | 0021| regulations of the department. Applications for hospital | 0022| licenses shall include evidence that the bylaws or regulations | 0023| of the hospital apply equally to osteopathic and medical | 0024| physicians. | 0025| D. Upon inspection of any health facility, if the | 0001| department finds any violation of its regulations, it may deny | 0002| the application for a license, whether initial or renewal, or it | 0003| may issue a temporary license. A temporary license shall not be | 0004| issued for a period exceeding one hundred twenty days, nor shall | 0005| more than two consecutive temporary | 0006| licenses be issued. | 0007| E. A one-year nontransferable license shall be | 0008| issued to any health facility complying with all regulations of | 0009| the department. The license shall be renewable for successive | 0010| one-year periods, upon filing of a renewal application, if the | 0011| department is satisfied that the health facility is in | 0012| compliance with all regulations of the department or, if not in | 0013| compliance with any regulation, has been granted a waiver or | 0014| variance of that regulation by the department pursuant to | 0015| procedures, conditions and guidelines adopted by regulation of | 0016| the department. Licenses shall be posted in a conspicuous place | 0017| on the licensed premises, except that child-care centers that | 0018| receive no state or federal funds may apply for and receive from | 0019| the department a waiver from the requirement that a license be | 0020| posted or kept on the licensed premises. | 0021| F. Any health facility that has been inspected and | 0022| licensed by the department and that has received certification | 0023| for participation in federal reimbursement programs and that has | 0024| been fully accredited by the joint commission on accreditation | 0025| of health care organizations or the American osteopathic | 0001| association shall be granted a license renewal based on [such] | 0002| that accreditation. Health facilities receiving less than | 0003| full accreditation by the joint commission on the accreditation | 0004| of health care organizations or by the American osteopathic | 0005| association may be granted a license renewal based on such | 0006| accreditation. License renewals shall be issued upon | 0007| application submitted by the facility upon forms prescribed by | 0008| the department. This subsection does not limit in any way the | 0009| department's various duties and responsibilities under other | 0010| provisions of the Public Health Act or under any other | 0011| subsection of this section, including any of the department's | 0012| responsibilities for the health and safety of the public. | 0013| G. The department may charge a reasonable fee not to | 0014| exceed three dollars ($3.00) per bed for an in-patient health | 0015| facility or one hundred dollars ($100) for any other health | 0016| facility for each license application, whether initial or | 0017| renewal, of an annual license or [renewal] the second | 0018| consecutive issuance of a temporary license. Fees collected | 0019| shall not be refundable. All fees collected pursuant to | 0020| licensure applications shall be deposited with the state | 0021| treasurer for credit to the general fund. | 0022| H. The department may revoke or suspend the license | 0023| of any health facility or may impose on any health facility | 0024| [after January 1, 1991] any intermediate sanction [or] and | 0025| civil monetary penalty provided in Section 24-1-5.2 NMSA 1978 | 0001| after notice and an opportunity for a hearing before a hearing | 0002| officer designated by the department to hear the matter, and | 0003| except for child-care centers and facilities, may proceed | 0004| pursuant to the Health Facility Receivership Act, upon a | 0005| determination that the health facility is not in compliance with | 0006| any regulation of the department. If immediate action is | 0007| required to protect human health and safety, the director may | 0008| suspend [a] any license or impose any intermediate sanction | 0009| pending a hearing, provided [such] the hearing is held | 0010| within five working days of the suspension or imposition of the | 0011| sanction, unless waived by the licensee, and, except for child-care centers and facilities, may proceed ex parte pursuant to | 0012| the Health Facility Receivership Act. | 0013| I. The department shall schedule a hearing pursuant | 0014| to Subsection H of this section if the department receives a | 0015| request for a hearing from a licensee: | 0016| (1) within ten working days after receipt by | 0017| the licensee of notice of suspension, revocation, imposition of | 0018| an intermediate sanction or civil monetary penalty or denial of | 0019| an initial or renewal application; | 0020| (2) within four working days after receipt by | 0021| the licensee of an emergency suspension order or emergency | 0022| intermediate sanction imposition and notice of hearing, if the | 0023| licensee wishes to waive the early hearing scheduled and request | 0024| a hearing at a later date; or | 0025| (3) within five working days after receipt of a | 0001| cease-and-desist order. | 0002| The department shall also provide timely notice to the | 0003| licensee of the date, time and place for the hearing, identity | 0004| of the hearing officer, subject matter of the hearing and | 0005| alleged violations. | 0006| J. Any hearing under this section shall be conducted | 0007| in accordance with adjudicatory hearing rules and procedures | 0008| adopted by regulation of the department. The licensee has the | 0009| right to be represented by counsel, to present all relevant | 0010| evidence by means of witnesses and books, papers, documents, | 0011| records, files and other evidence and to examine all opposing | 0012| witnesses who appear on any matter relevant to the issues. The | 0013| hearing officer has the power to administer oaths on request of | 0014| any party and issue subpoenas and subpoenas duces tecum prior to | 0015| or after the commencement of the hearing to compel discovery and | 0016| the attendance of witnesses and the production of relevant | 0017| books, papers, documents, records, files and other evidence. | 0018| Documents or records pertaining to abuse, neglect or | 0019| exploitation of a resident, client or patient of a health | 0020| facility or other documents, records or files in the custody of | 0021| the human services department or the office of the state long-term care ombudsman at the state agency on aging that are | 0022| relevant to the alleged violations are discoverable and | 0023| admissible as evidence in any hearing. | 0024| K. Any party may appeal to the court of appeals on | 0025| the record within thirty days after the final decision of the | 0001| department. The court shall set aside the final decision only | 0002| if it is found to be arbitrary, capricious or an abuse of | 0003| discretion; not supported by substantial evidence in the record; | 0004| outside the authority of the department; or otherwise not in | 0005| accordance with law. | 0006| L. Every complaint about a health facility received | 0007| by the department pursuant to this section shall be promptly | 0008| investigated to substantiate the allegation and to take | 0009| appropriate action if substantiated. The department shall | 0010| coordinate with the human services department, the office of the | 0011| state long-term care ombudsman at the state agency on aging and | 0012| any other appropriate agency to develop a joint protocol | 0013| establishing responsibilities and procedures to assure prompt | 0014| investigation of complaints, including prompt and appropriate | 0015| referrals and necessary action regarding allegations of abuse, | 0016| neglect or exploitation of residents, clients or patients in a | 0017| health facility. | 0018| M. Complaints received by the department pursuant to | 0019| this section shall not be disclosed publicly in such manner as | 0020| to identify any individuals or health facilities if upon | 0021| investigation the complaint is unsubstantiated. | 0022| N. Notwithstanding any other provision of this | 0023| section, where there are reasonable grounds to believe that any | 0024| child is in imminent danger of abuse or neglect while in the | 0025| care of a child-care facility, whether or not licensed, or upon | 0001| the receipt of a report pursuant to Section [32-1-15] 32A-4-3 NMSA 1978, the department shall consult with the owner or | 0002| operator of the child-care facility. Upon a finding of probable | 0003| cause, the department shall give the owner or operator notice of | 0004| its intent to suspend operation of the [health] facility and | 0005| provide an opportunity for a hearing to be held within three | 0006| working days, unless waived by the owner or operator. Within | 0007| seven working days from the day of notice, the director shall | 0008| make his decision, and, if it is determined that any child is in | 0009| imminent danger of abuse or neglect in the [health] child-care facility, the director may suspend operation of the | 0010| [health] facility for a period not in excess of fifteen days. | 0011| Prior to the date of the hearing, the department shall make a | 0012| reasonable effort to notify the parents of children in the | 0013| [health] child-care facility of the notice and opportunity | 0014| for hearing given to the owner or operator. | 0015| O. Nothing contained in this section or in the | 0016| Public Health Act shall authorize either the secretary [of | 0017| health and environment] or the department to make any | 0018| inspection or investigation or to prescribe any regulations con- | 0019| cerning group homes as defined in Section 9-8-13 NMSA 1978 | 0020| except [such] as are reasonably necessary or desirable to pro- | 0021| mote the health and safety of persons utilizing [such] group | 0022| homes." | 0023| Section 3. Section 24-1-5.2 NMSA 1978 (being Laws 1990, | 0024| Chapter 105, Section 2) is amended to read: | 0025| "24-1-5.2. HEALTH FACILITIES--INTERMEDIATE SANCTIONS--CIVIL PENALTY.-- | 0001| A. Upon a determination that [after January 1, | 0002| 1991] a health facility is not in compliance with any licensing | 0003| requirement of the department, the department, subject to the | 0004| provisions of this section and Section 24-1-5 NMSA 1978, may | 0005| [impose on the facility]: | 0006| (1) impose any intermediate sanction | 0007| established by regulation, including but not limited to: | 0008| (a) a directed plan of correction; | 0009| (b) facility monitors; | 0010| (c) denial of payment for new medicaid | 0011| admissions to the facility; | 0012| (d) temporary management; and | 0013| (e) restricted admissions; [and] | 0014| (2) assess a civil monetary penalty, with | 0015| interest, for each day the facility is or was out of compliance. | 0016| Civil monetary penalties shall not exceed a total of five | 0017| thousand dollars ($5,000) per day. Penalties and interest | 0018| amounts assessed under this paragraph and recovered on behalf of | 0019| the state shall be remitted to the state treasurer for deposit | 0020| in the general fund, except as otherwise provided by federal law | 0021| for medicaid-certified nursing facilities. The civil monetary | 0022| penalties contained in this paragraph are cumulative and may be | 0023| imposed in addition to any other fines or penalties provided by | 0024| law; and | 0025| (3) with respect to health facilities other | 0001| than child-care centers or facilities, proceed pursuant to the | 0002| Health Facility Receivership Act. | 0003| B. The secretary [of health and environment] shall | 0004| adopt and promulgate regulations specifying the criteria for | 0005| imposition of any intermediate sanction [including the amount | 0006| of] and civil monetary [penalties and the type and extent of | 0007| intermediate sanctions] penalty. The criteria shall provide | 0008| for more severe sanctions for a violation that results in any | 0009| abuse, neglect or exploitation of residents, clients or patients | 0010| as defined in the regulations or that places one or more | 0011| residents, clients or patients of a health facility at sub- | 0012| stantial risk of serious physical or mental harm. | 0013| C. The provisions of this [act] section for | 0014| intermediate sanctions and civil monetary penalties shall not | 0015| apply to certified nursing facilities except upon a | 0016| determination by the federal health care financing | 0017| administration that these provisions comply with the provisions | 0018| for nursing facility remedies and civil monetary penalties | 0019| pursuant to 42 U.S.C. 1395 and 1396, as amended, and upon a | 0020| determination by the department that no other state or federal | 0021| agency is authorized to impose the same remedies, sanctions or | 0022| penalties. | 0023| D. A health facility is liable [to the department] | 0024| for the reasonable costs of a directed plan of correction, | 0025| facility monitors, [or] temporary management or receivership | 0001| imposed pursuant to this section and Section 24-1-5 NMSA 1978. | 0002| The department may take all necessary and appropriate legal | 0003| action to recover these costs from a health facility. All money | 0004| recovered from a health facility pursuant to this subsection | 0005| shall be paid into the general fund." | 0006| Section 4. A new Section 24-1E-1 NMSA 1978 is enacted | 0007| read: | 0008| "24-1E-1. [NEW MATERIAL] SHORT TITLE.--Sections 24-1E-1 | 0009| through 24-1E-6 may be cited as the "Health Facility | 0010| Receivership Act"." | 0011| Section 5. A new Section 24-1E-2 is enacted to read: | 0012| "24-1E-2. [NEW MATERIAL] DEFINITIONS.--As used in the | 0013| Health Facility Receivership Act: | 0014| A. "department" means the department of health; C. "health facility" means any health facility as | 0015| defined in Subsection D of Section 24-1-2 NMSA 1978 other than a | 0016| child-care center or facility, whether or not licensed by the | 0017| department; | 0018| D. "person" includes a natural person and any other | 0019| form of entity recognized by law; | 0020| E. "receiver" means the secretary, upon appointment | 0021| pursuant to the Health Facility Receivership Act; and | 0022| F. "secretary" means the secretary of health." | 0023| Section 6. A new Section 24-1E-3 NMSA 1978 is enacted to | 0024| read: | 0025| "24-1E-3. [NEW MATERIAL] HEALTH FACILITY RECEIVERSHIPS | 0001| AUTHORIZED--VENUE.-- | 0002| A. The secretary may file a verified petition in the | 0003| district court seeking appointment as receiver of a health | 0004| facility if the facility: | 0005| (1) is being operated without a valid license | 0006| from the division; | 0007| (2) will be closed within sixty days and | 0008| adequate arrangements to relocate its residents have not been | 0009| submitted to and approved by the secretary; | 0010| (3) has been abandoned, its residents have been | 0011| abandoned or such abandonment is imminent; or | 0012| (4) presents a situation, physical condition, | 0013| practice or method of operation that the secretary finds | 0014| presents an imminent danger of death or significant mental or | 0015| physical harm to its residents or other persons. | 0016| B. The proceedings shall be governed by, and the | 0017| receiver's powers and duties shall be as specified in, the | 0018| Receivership Act, supplemented as provided in the Health | 0019| Facility Receivership Act. | 0020| C. Venue shall be laid in the district court for | 0021| Santa Fe county or any other county in which the health facility | 0022| or any of its satellite facilities is located. | 0023| D. Service of process shall be made in any manner | 0024| provided by the Rules of Civil Procedure for the District | 0025| Courts. If personal service cannot practicably or promptly be | 0001| made as so provided, service may be made by delivery of the | 0002| summons with the petition attached to any person in charge of | 0003| the health facility at the time service is made. | 0004| E. The health facility shall file a responsive | 0005| pleading within ten days after the date service is made or | 0006| within such time as directed by the district court." | 0007| Section 7. A new Section 21-1E-4 NMSA 1978 is enacted to | 0008| read: | 0009| "24-1E-4. [NEW MATERIAL] HEARING ON PETITION.-- | 0010| A. Except in the case of an ex parte hearing under | 0011| the Receivership Act, the district court shall hold a hearing on | 0012| the petition within ten days after the petition is filed or as | 0013| soon thereafter as practicable. The health facility shall be | 0014| given notice of the hearing at least five days before the | 0015| hearing date. | 0016| B. In the case of an ex parte hearing under the | 0017| Receivership Act, the district court may enter an order | 0018| appointing the secretary as temporary receiver, with all the | 0019| rights and responsibilities of a receiver, for ten days or until | 0020| a hearing can be held on the petition. | 0021| C. Following hearing, the district court shall | 0022| appoint the secretary as receiver if it finds that any of the | 0023| conditions of Subsection A of Section 24-1E-3 NMSA 1978 exists. | 0024| D. Following any regular or ex parte hearing, the | 0025| district court may appoint a qualified person, experienced in | 0001| health facility management, to act as deputy receiver. | 0002| E. The receiver's bond shall be deemed satisfied by | 0003| his bond under the Surety Bond Act. If any deputy receiver is | 0004| not a public employee covered under the Surety Bond Act, he | 0005| shall obtain a fidelity and performance bond in an amount | 0006| determined by the court. The cost of the bond shall be paid | 0007| from the receivership estate." | 0008| Section 8. A new Section 24-1E-5 NMSA 1978 is enacted to | 0009| read: | 0010| "24-1E-5. [NEW MATERIAL] RECEIVER'S POWERS AND DUTIES.-- | 0011| A. In addition to the receiver's powers and duties | 0012| under the Receivership Act, the secretary as receiver and any | 0013| deputy receiver under the Health Facility Receivership Act | 0014| shall, except as the district court may otherwise order: | 0015| (1) perform all acts that are necessary to: | 0016| (a) correct or remedy each condition on | 0017| which the receiver's appointment was based; | 0018| (b) ensure adequate care for each | 0019| resident or other person in the health facility; | 0020| (c) bring the facility into compliance | 0021| with all applicable state and federal laws, rules and | 0022| regulations; and | 0023| (e) manage and operate the health | 0024| facility, including closing down, expanding or initiating new | 0025| operations, hiring and firing officers and employees, | 0001| contracting for necessary services, personnel, supplies, | 0002| equipment, facilities and all other appropriate things, | 0003| purchasing, selling, marshaling, and otherwise managing its | 0004| property and assets, paying the facility's obligations, | 0005| borrowing money and property and giving security for these and | 0006| expending funds of the facility; | 0007| (2) give notice of establishment of the | 0008| receivership to interested persons, and publish notice in a | 0009| newspaper of general circulation in each county in which the | 0010| health care facility and any of its satellite facilities is | 0011| located; | 0012| (3) if residents are to be discharged or | 0013| transferred, discuss the options for alternative placement with | 0014| any resident or the guardian of that resident, as applicable, | 0015| and arrange to transfer the resident's records and personal | 0016| property to the alternative placement facility; and | 0017| (4) with the court's approval, void any lease, | 0018| mortgage, secured transaction, contract or transfer of money or | 0019| property made within one year prior to the filing of the | 0020| petition if made without fair consideration, including excessive | 0021| interest rate, or made with actual intent to hinder, delay or | 0022| defraud either future or existing creditors. | 0023| B. A deputy receiver shall have the same powers and | 0024| duties as the receiver, unless the court orders otherwise." | 0025| Section 9. A new Section 24-1E-6 NMSA 1978 is enacted to | 0001| read: | 0002| "24-1E-6. [NEW MATERIAL] TERMINATION OF RECEIVERSHIP.--The receivership shall terminate when the conditions that led to | 0003| its establishment, and any other conditions that constitute | 0004| grounds for establishment of a receivership, have ceased to | 0005| exist. If the health facility is insolvent or otherwise | 0006| financially distressed, the receivership shall terminate upon | 0007| filing of federal bankruptcy proceedings, unless the district | 0008| court orders otherwise." | 0009| Section 10. Section 44-8-5 NMSA 1978 (being Laws 1995, | 0010| Chapter 81, Section 5) is amended to read: | 0011| "44-8-5. APPLICATION FOR APPOINTMENT OF A RECEIVER.-- | 0012| A. An applicant may apply to the district court for | 0013| the appointment of a receiver by motion in an action already | 0014| pending or by a separate petition or complaint. | 0015| B. An application for the appointment of a receiver | 0016| shall be verified and shall contain: | 0017| (1) a description of the receivership estate, | 0018| including the estimated gross monthly income if known, for which | 0019| the applicant seeks a receiver; | 0020| (2) the location of the receivership estate; | 0021| (3) a description of the applicant's interest | 0022| in the receivership estate; | 0023| (4) a statement showing that venue in the | 0024| district court is proper; | 0025| (5) a statement of the grounds for the | 0001| appointment of a receiver; and | 0002| (6) a nomination of the proposed receiver. | 0003| C. An ex parte hearing to appoint a receiver may be | 0004| held without written or oral notice to the adverse party or his | 0005| attorney only if: | 0006| (1) it clearly appears from specific facts | 0007| shown by affidavit or by the verified application that immediate | 0008| and irreparable injury, loss or damage will result to the | 0009| applicant or others before the adverse party or his attorney | 0010| can be heard in opposition; and | 0011| (2) the applicant's attorney certifies to the | 0012| court in writing the efforts, if any, that have been made to | 0013| give the notice and the reasons supporting his claim that notice | 0014| should not be required. | 0015| D. Every application, proceeding and order for | 0016| appointment of a receiver granted without notice shall comply | 0017| with the Rules of Civil Procedure for the District Courts of New | 0018| Mexico pertaining to temporary restraining orders and | 0019| appointment of receivers ex parte." | 0020| - 18 - State of New Mexico | 0021| House of Representatives | 0022| | 0023| FORTY-SECOND LEGISLATURE | 0024| SECOND SESSION, 1996 | 0025| | 0001| | 0002| February 8, 1996 | 0003| | 0004| | 0005| Mr. Speaker: | 0006| | 0007| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has | 0008| been referred | 0009| | 0010| HOUSE BILL 434 | 0011| | 0012| has had it under consideration and reports same with | 0013| recommendation that it DO PASS, and thence referred to the | 0014| JUDICIARY COMMITTEE. | 0015| | 0016| Respectfully submitted, | 0017| | 0018| | 0019| | 0020| | 0021| Fred Luna, Chairman | 0022| | 0023| | 0024| Adopted Not Adopted | 0025| | 0001| (Chief Clerk) (Chief Clerk) | 0002| | 0003| Date | 0004| | 0005| The roll call vote was 10 For 0 Against | 0006| Yes: 10 | 0007| Excused: Alwin, Varela | 0008| Absent: None | 0009| | 0010| | 0011| | 0012| | 0013| H0434BI1 State of New Mexico | 0014| House of Representatives | 0015| | 0016| FORTY-SECOND LEGISLATURE | 0017| SECOND SESSION, 1996 | 0018| | 0019| | 0020| February 12, 1996 | 0021| | 0022| | 0023| Mr. Speaker: | 0024| | 0025| Your JUDICIARY COMMITTEE, to whom has been referred | 0001| | 0002| HOUSE BILL 434 | 0003| | 0004| has had it under consideration and reports same with | 0005| recommendation that it DO PASS, amended as follows: | 0006| | 0007| 1. On page 9, line 10, after "make" strike "his" and | 0008| insert in lieu thereof "a". | 0009| | 0010| 2. On page 12, line 9, after "is enacted" insert "to". | 0011| | 0012| 3. On page 16, line 2, strike "(e)" and insert in lieu | 0013| thereof "(d)". | 0014| | 0015| 4. On page 18, line 14, after "adverse" strike "party or | 0016| his" and insert in lieu thereof "party's". | 0017| | 0018| 5. On page 18, line 18, after "supporting" strike "his" | 0019| and insert in lieu thereof "the attorney's". | 0020| | 0021| Respectfully submitted, | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| Cisco McSorley, Chairman | 0003| | 0004| | 0005| Adopted Not Adopted | 0006| | 0007| (Chief Clerk) (Chief Clerk) | 0008| | 0009| Date | 0010| | 0011| The roll call vote was 8 For 0 Against | 0012| Yes: 8 | 0013| Excused: Sanchez, R.G. | 0014| Absent: King, McSorley, Pederson, Stewart | 0015| | 0016| | 0017| | 0018| H0434JC1 | 0019| | 0020| FORTY-SECOND LEGISLATURE | 0021| SECOND SESSION, 1996 | 0022| | 0023| | 0024| February 14, 1996 | 0025| | 0001| Mr. President: | 0002| | 0003| Your JUDICIARY COMMITTEE, to whom has been referred | 0004| | 0005| HOUSE BILL 434, as amended | 0006| | 0007| has had it under consideration and reports same with | 0008| recommendation that it DO PASS. | 0009| | 0010| Respectfully submitted, | 0011| | 0012| | 0013| | 0014| __________________________________ | 0015| Janice D. Paster, Chairman | 0016| | 0017| | 0018| | 0019| Adopted_______________________ Not Adopted_______________________ | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| | 0023| | 0024| Date ________________________ | 0025| | 0001| | 0002| The roll call vote was 5 For 1 Against | 0003| Yes: 5 | 0004| No: Stefanics | 0005| Excused: None | 0006| Absent: Carraro, Reagan, Vernon | 0007| | 0008| | 0009| H0434JU1 | 0010| |