0001| SENATE BILL 415
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| RICHARD M. ROMERO
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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|
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0011| AN ACT
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0012| RELATING TO ELECTIONS; MOVING THE TIME THAT LOCAL SCHOOL BOARD,
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0013| BRANCH COMMUNITY COLLEGE BOARD, TECHNICAL AND VOCATIONAL
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0014| INSTITUTE BOARD AND AREA VOCATIONAL SCHOOL BOARD ELECTIONS ARE
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0015| HELD; AMENDING SECTIONS OF THE ELECTION CODE AND THE NMSA 1978.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Section 1. Section 1-22-3 NMSA 1978 (being Laws 1985,
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0018| Chapter 168, Section 5) is amended to read:
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0019| "1-22-3. SCHOOL DISTRICT ELECTIONS--QUALIFICATIONS OF
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0020| CANDIDATES.--
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0021| A. A school district election shall be held in each
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0022| school district to elect qualified persons to membership on a
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0023| local school board. No person shall become a candidate for
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0024| membership on a board unless his record of voter registration
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0025| shows that he is a qualified elector of the state and a resident
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0001| of the school district in which he is a candidate.
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0002| B. A regular school district election shall be held
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0003| in each school district on the [first Tuesday in February]
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0004| second Tuesday in November of each odd-numbered year.
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0005| C. A school district election held at any time other
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0006| than the date for the regular school district election shall be
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0007| a special school district election.
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0008| D. Except as otherwise provided in the School
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0009| Election Law, school district elections shall be called,
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0010| conducted and canvassed as provided in the Election Code."
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0011| Section 2. Section 1-22-4 NMSA 1978 (being Laws 1985,
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0012| Chapter 168, Section 6, as amended) is amended to read:
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0013| "1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.--
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0014| A. The board shall by resolution issue a public
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0015| proclamation in Spanish and English calling a regular school
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0016| district election within the school district on the date
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0017| prescribed by the School Election Law. The proclamation shall
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0018| be filed by the superintendent with the county clerk of record
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0019| on the [last Friday in November] first Friday in September
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0020| of the even-numbered year immediately preceding the date of the
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0021| election.
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0022| B. The proclamation shall specify:
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0023| (1) the date when the election will be held;
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0024| (2) the positions on the board to be filled;
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0025| (3) the date on which declarations of candidacy
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0001| are to be filed;
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0002| (4) the date on which declarations of intent to
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0003| be a write-in candidate are to be filed;
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0004| (5) the questions to be submitted to the
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0005| voters;
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0006| (6) the precincts in each county in which the
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0007| election is to be held and the location of each polling place;
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0008| (7) the hours each polling place will be open;
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0009| and
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0010| (8) the date and time of the closing of the
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0011| registration books by the county clerk of record as required by
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0012| law.
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0013| C. After [filing] the proclamation is filed with
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0014| the county clerk of record and not less than fifty days before
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0015| the date of the election, the county clerk of record shall
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0016| publish the proclamation at least once in a newspaper of general
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0017| circulation within the school district. The publication of the
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0018| proclamation shall conform to the requirements of the federal
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0019| Voting Rights Act of 1965, as amended."
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0020| Section 3. Section 1-22-7 NMSA 1978 (being Laws 1985,
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0021| Chapter 168, Section 9) is amended to read:
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0022| "1-22-7. DECLARATION OF CANDIDACY--FILING DATE--PENALTY.--
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0023| A. [A declaration of candidacy for membership on
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the board] A person seeking a school board position to be
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0025| filled at a regular school district election shall [be filed]
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0001| file a declaration of candidacy with the proper filing officer
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0002| during the period commencing at 9:00 a.m. on the [third Tuesday
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in December] fourth Tuesday in September of the even-numbered
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0004| year
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0005| immediately preceding the date of the regular school district
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0006| election and ending at 5:00 p.m. on the same day.
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0007| B. [A declaration of candidacy for membership on
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the board] A person seeking a school board position to be
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0009| filled at a special school district election shall [be filed]
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0010| file a declaration of candidacy with the proper filing officer
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0011| during the period commencing at 9:00 a.m. on the forty-eighth
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0012| day before the election and ending at 5:00 p.m. on the same day.
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0013| C. Any person knowingly making a false statement in
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0014| his declaration of candidacy is guilty of a fourth degree
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0015| felony."
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0016| Section 4. Section 3-8-9 NMSA 1978 (being Laws 1985,
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0017| Chapter 208, Section 17, as amended) is amended to read:
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0018| "3-8-9. ELECTION SCHEDULING--CONFLICTS--NOTICE.--
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0019| A. Except as otherwise provided by law, no municipal
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0020| election shall be held within [forty-two] thirty days prior
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0021| to or within [thirty] twenty-five days after any statewide
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0022| special, general or primary election or any regular school
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0023| district election. Whenever a municipal election would be or
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0024| has been scheduled within the prohibited time, the governing
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0025| body shall adopt an election resolution scheduling or
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0001| rescheduling the election on a date as soon as is practicable
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0002| outside the prohibited period and in compliance with the
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0003| requirements of the Municipal Election Code and any other
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0004| statute specifically related to [such] that election. If an
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0005| election resolution has already been adopted, the new election
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0006| resolution shall supersede the existing election resolution and
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0007| the new election resolution shall be published as required by
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0008| the Municipal Election Code.
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0009| B. Except as otherwise provided by law, one or more
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0010| municipal special elections, including but not limited to bond
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0011| elections, may be held in conjunction with a regular municipal
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0012| election or one or more special municipal elections.
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0013| C. When concurrent elections are called for,
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0014| publications, notices, selection of precinct boards, election
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0015| schools, ordering election supplies, conduct of the election,
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0016| canvassing, record keeping and all other election matters shall
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0017| be conducted to comply with all election requirements for each
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0018| such election as if it were held separately. However, any
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0019| requirement may be satisfied by a combined action if such action
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0020| would satisfy the requirements set by law for each individual
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0021| election. Allowable combined actions include but are not
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0022| limited to, combined:
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0023| (1) publications;
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0024| (2) notices;
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0025| (3) appointment of precinct boards;
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0001| (4) ordering of election supplies;
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0002| (5) conduct of election;
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0003| (6) canvassing; and
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0004| (7) record keeping."
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0005| Section 5. Section 21-14-2.1 NMSA 1978 (being Laws 1985,
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0006| Chapter 238, Section 29) is amended to read:
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0007| "21-14-2.1. BRANCH COMMUNITY COLLEGE BOARD--LOCAL OPTION.--
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0008| A. A majority of the local board of education or the
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0009| combined boards of education acting as a single board may cease
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0010| to operate as the branch community college board and provide for
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0011| an elected branch community college board. In that event, the
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0012| majority of the local board of education or the combined boards
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0013| of education acting as a single board shall elect five persons
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0014| as members of the branch community college board. The persons
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0015| elected shall be assigned position numbers one through five.
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0016| Board members shall be over twenty-one years of age, qualified
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0017| electors and residents of the branch community college district.
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0018| The members of the board shall continue to serve until the next
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0019| regular branch community college election, to be held on the
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0020| [first Tuesday of February] second Tuesday of November of
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0021| each odd-numbered year, at which time five board members shall
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0022| be elected by the registered voters of the branch community
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0023| college district. The candidates shall file for and be elected
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0024| to a particular position number. The candidate receiving the
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0025| highest number of votes for a particular position shall be
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0001| elected. At the first board meeting after the election, the
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0002| five members shall draw lots for the following terms: two for
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0003| terms of two years and three for terms of four years. There-
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0004| after, board members shall be elected for terms of four years
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0005| from [March 1] December 1 succeeding their election. All
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0006| vacancies caused in any other manner than by the expiration of
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0007| the term of office shall be filled by appointment by the
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0008| remaining members.
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0009| B. Immediately after the election of the five members
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0010| by the assembled board of education members, the board shall
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0011| select from its members a chairman and secretary who shall serve
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0012| in these offices until the next regular branch community college
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0013| board election. After each branch community college board
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0014| election, the members shall proceed to reorganize.
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0015| C. The duties of the board shall continue as set out
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0016| in Chapter 21, Article 14 NMSA 1978."
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0017| Section 6. Section 21-16-5 NMSA 1978 (being Laws 1963,
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0018| Chapter 108, Section 5, as amended) is amended to read:
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0019| "21-16-5. BOARD.--
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0020| A. The initial board of [the] a technical and
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0021| vocational institute district shall be composed of:
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0022| (1) the board of the initiating school district,
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0023| if only one school district is involved; or
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0024| (2) if more than one school district is involved
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0025| in the initiation of the technical and vocational institute
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0001| district, one member delegated from each participating school
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0002| board. If there are an even number of participating school
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0003| districts, the boards of all participating school districts
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0004| shall jointly appoint an additional member to the governing
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0005| board of the technical and vocational institute district, who
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0006| shall serve as a member at large.
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0007| B. At the second school board election held pursuant
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0008| to Section 1-22-3 NMSA 1978 following the creation of the
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0009| technical and vocational institute district, an election shall
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0010| be held to elect seven members to the institute board to replace
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0011| the members holding office under the provisions of Subsection A
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0012| of this section.
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0013| (1) Except where specific provision is otherwise
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0014| provided by law, all election proceedings for institute district
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0015| elections shall be conducted pursuant to the provisions of the
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0016| School Election Law with the president of the technical and
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0017| vocational institute serving in the place of the superintendent
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0018| of schools in every case.
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0019| (2) The board shall consist of seven separate
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0020| positions, and each position shall be designated by number.
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0021| Qualified electors seeking election to the board shall file and
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0022| run for only one of the numbered positions.
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0023| (3) At the second school board election to be
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0024| held following the creation of the technical and vocational
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0025| institute district, members of the board elected to positions 1,
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0001| 3, 5 and 7 shall be elected for two-year terms and members
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0002| elected to positions 2, 4 and 6 shall be elected for four-year
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0003| terms. Thereafter, each board member shall be elected for a
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0004| term of four years. The elections shall be held in the same
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0005| manner and at the same time as regular school district elections
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0006| on the [first Tuesday in February] second Tuesday in
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0007| November of each odd-numbered year.
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0008| C. A vacancy occurring on the board shall be filled in
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0009| the same manner as provided for school board vacancies in
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0010| Section 22-5-9 NMSA 1978."
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0011| Section 7. Section 21-17-4 NMSA 1978 (being Laws 1967,
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0012| Chapter 177, Section 4, as amended) is amended to read:
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0013| "21-17-4. DESIGNATION AS AN AREA VOCATIONAL SCHOOL BY THE
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0014| STATE BOARD.--
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0015| A. Upon receipt and examination of the plan and
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0016| supporting evidence, the state board shall conduct hearings,
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0017| investigate records and procure such other information relating
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0018| to vocational training as it deems necessary and appropriate.
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0019| B. If the state board finds that the plan provides an
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0020| adequate, broad vocational and technical educational program,
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0021| serves sufficient students for an economical operation, provides
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0022| for adequate financing and sensibly relates to a statewide
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0023| pattern for development of vocational and technical education,
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0024| the state board may approve the plan.
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0025| C. Upon approval by the state board, the board of each
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0001| school district concerned shall present the proposal for the
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0002| creation of an area vocational school district on a separate
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0003| ballot at the time of the next school board election or at any
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0004| separate election called for that purpose. If a majority of
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0005| those qualified ad valorem tax paying electors who are not
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0006| delinquent in the payment of their ad valorem tax, voting in the
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0007| election in each school district concerned, [vote] votes in
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0008| favor of establishing an area vocational school district, the
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0009| board of each school district concerned shall declare the
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0010| organization of the area vocational school district.
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0011| D. After approval by the state board of the plan, the
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0012| school shall be officially designated by the state board as an
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0013| area vocational school, shall be operated in accordance with
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0014| provisions in the state plan for vocational education and shall
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0015| meet all other requirements of an accredited school.
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0016| E. At the next school board election held pursuant to
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0017| [Section 22-6-1 NMSA 1978] Section 1-22-3 NMSA 1978, an
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0018| election may be held to elect five members to the area
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0019| vocational school board to replace the local school board as the
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0020| governing board of the area vocational school.
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0021| (1) Except where specific provision is otherwise
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0022| provided by law, all election proceedings for area vocational
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0023| school elections shall be conducted pursuant to the provisions
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0024| of [Sections 22-6-1 through 22-6-34 NMSA 1978] the School
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0025| Election Law, with the president of the area vocational school
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0001| serving in the place of the superintendent of schools in every
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0002| case.
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0003| (2) The board shall consist of five separate
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0004| positions, and each position shall be designated by number.
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0005| Qualified electors seeking election to the board shall file and
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0006| run for only one of the numbered positions.
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0007| (3) [At the next regular school board election,
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members of the board elected to positions 1, 3 and 5 shall be
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elected for terms ending February 28, 1989, and members elected
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to positions 2 and 4 shall be elected for terms ending February
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28, 1991. Thereafter, each] A board member shall be elected
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0012| for a term of four years. The elections shall be held in the
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0013| same manner and at the same time as regular school district
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0014| elections on the [first Tuesday in February] second Tuesday
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0015| in November of each odd-numbered year [beginning with the
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election to be held in February of 1987].
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0017| F. A vacancy occurring on the board shall be filled in
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0018| the same manner as provided for school board vacancies in
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0019| Section 22-5-9 NMSA 1978.
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0020| G. A member of the board may be recalled pursuant to
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0021| the provisions of [Sections 22-7-1 through 22-7-16 NMSA 1978]
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0022| Article 12, Section 14 of the constitution of New Mexico,
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0023| except that a recall election may be held only at the same time
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0024| as a regular school district election."
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0025| Section 8. Section 22-5-8 NMSA 1978 (being Laws 1967,
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0001| Chapter 16, Section 31, as amended) is amended to read:
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0002| "22-5-8. TERM OF OFFICE.--
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0003| A. The full term of office of a member of a local
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0004| school board shall be four years from [March 1] December 1
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0005| succeeding his election to office at a regular school district
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0006| election.
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0007| B. Any member of a local school board whose term of
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0008| office has expired shall continue in that office until his
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0009| successor is elected and qualified."
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0010| Section 9. TEMPORARY PROVISION--TERM OF OFFICE.--The term
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0011| of office for a local school board member, a branch community
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0012| college board member, a member of a board of a technical and
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0013| vocational institute or an area vocational school board member
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0014| that would have expired on March 1, 1997 shall be extended until
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0015| December 1, 1997. On that date, the term of office of his
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0016| successor elected on the new election day of the second Tuesday
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0017| in November shall begin.
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0018|
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0019|
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0020| FORTY-SECOND LEGISLATURE
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0021| SECOND SESSION, 1996
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0022|
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0023|
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0024| FEBRUARY 7, 1996
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0025|
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0001| Mr. President:
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0002|
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0003| Your COMMITTEES' COMMITTEE, to whom has been referred
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0004|
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0005| SENATE BILL 415
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0006|
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0007| has had it under consideration and finds same to be GERMANE, PURSUANT
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0008| TO SENATE EXECUTIVE MESSAGE NUMBER THIRTEEN, and thence referred to the
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0009| RULES COMMITTEE.
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0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015|
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0016| __________________________________
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0017| SENATOR MANNY M. ARAGON, Chairman
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0018|
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0019|
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0020|
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0021| Adopted_______________________ Not Adopted_______________________
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0022| (Chief Clerk) (Chief Clerk)
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0023|
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0024|
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0025| Date ________________________
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0001|
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0002|
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0003|
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0004| S0415CC1
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0005|
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0006|
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0007| FORTY-SECOND LEGISLATURE
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0008| SECOND SESSION, 1996
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0009|
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0010|
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0011| February 10, 1996
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0012|
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0013| Mr. President:
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0014|
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0015| Your RULES COMMITTEE, to whom has been referred
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0016|
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0017| SENATE BILL 415
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0018|
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0019| has had it under consideration and reports same with recommendation that
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0020| it DO PASS.
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0021|
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0022| Respectfully submitted,
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0023|
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0024|
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0025|
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0001| __________________________________
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0002| Gloria Howes, Chairman
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0003|
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0004|
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0005|
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0006| Adopted_______________________ Not Adopted_______________________
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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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 6 For 0 Against
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0015| Yes: 6
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0016| No: 0
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0017| Excused: Donisthorpe, EJennings, Wray
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0018| Absent: 0
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0019|
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0020|
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0021| S0415RU1
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0022|
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0023|
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0024|
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0025| FORTY-SECOND LEGISLATURE
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0001| SECOND SESSION, 1996
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0002|
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0003|
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0004| February 13, 1996
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0005|
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0006| Mr. President:
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0007|
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0008| Your EDUCATION COMMITTEE, to whom has been referred
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0009|
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0010| SENATE BILL 415
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0011|
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0012| has had it under consideration and reports same with recommendation that
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0013| it DO PASS.
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0014|
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0015| Respectfully submitted,
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0016|
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0017|
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0018|
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0019| __________________________________
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0020| Carlos R. Cisneros, Chairman
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0021|
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0022|
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0023|
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0024| Adopted_______________________ Not Adopted_______________________
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002|
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0003|
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0004| Date ________________________
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0005|
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0006|
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0007| The roll call vote was 6 For 0 Against
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0008| Yes: 6
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0009| No: 0
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0010| Excused: Carraro, Duran, Lyons, Scott
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0011| Absent: None
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0012|
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0013|
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0014| S0415ED1
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0015|
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0016|
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