0001| HOUSE BILL 668
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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| RICK MIERA
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0005|
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0006|
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0007|
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0008| FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO HEALTH; CREATING A PROGRAM TO PREVENT LEAD
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0012| POISONING IN CHILDREN; PROVIDING POWERS AND DUTIES; PROVIDING
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0013| FOR TRAINING AND CERTIFICATION CONCERNING LEAD HAZARD
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0014| ACTIVITIES IN TARGET HOUSING; PROVIDING FOR ENFORCEMENT;
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0015| CREATING A FUND; PROVIDING FOR FEES, SANCTIONS AND PENALTIES;
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0016| PROVIDING FOR SUNSET OF THE PROGRAM; MAKING AN APPROPRIATION.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. SHORT TITLE.--This act may be cited as the
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0020| "Lead Hazard Act".
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0021| Section 2. PURPOSES.--The purposes of the Lead Hazard Act
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0022| are to:
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0023| A. establish, pursuant to federal requirements, a
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0024| program in the department for prevention of childhood lead
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0025| poisoning through regulation of work practices for lead hazard
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0001| identification, risk assessment, reduction and abatement in
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0002| target housing;
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0003| B. establish the legislative and regulatory
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0004| framework necessary for New Mexico to be eligible for federal
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0005| funding to identify and abate lead hazards for children and
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0006| help prevent childhood lead poisoning;
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0007| C. permit New Mexico to administer and enforce
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0008| regulations developed pursuant to Title 4 of the federal Toxic
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0009| Substances Control Act [15 USC 2681 through 15 USC 2692] rather
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0010| than having the United States environmental protection agency
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0011| administer and enforce the program in the state;
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0012| D. provide for certification of professionals
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0013| conducting lead hazard activities in target housing,
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0014| accreditation of training providers and development of work-
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0015| practice standards for target housing; and
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0016| E. provide for reciprocity of certification and
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0017| accreditation with other states.
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0018| Section 3. DEFINITIONS.--As used in the Lead Hazard Act:
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0019| A. "child" means a person less than six years of
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0020| age;
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0021| B. "department" means the department of health;
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0022| C. "federal requirements" means:
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0023| (1) Title 4 of the Toxic Substances Control
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0024| Act and rules and regulations adopted by the environmental
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0025| protection agency pursuant to that act as they relate to target
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0001| housing; and
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0002| (2) regulations or requirements adopted by the
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0003| department of housing and urban development regarding
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0004| eligibility for grants to states and local governments;
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0005| D. "housing for the elderly" means retirement
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0006| communities or housing reserved for households composed of one
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0007| or more persons sixty-two years of age or older;
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0008| E. "interim" control activity" means any measure or
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0009| set of measures designed to temporarily reduce current or
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0010| potential human exposure to a lead hazard;
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0011| F. "lead-based paint" means paint or other surface
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0012| coatings that contain lead equal to or in excess of 1.0
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0013| milligram per square centimeter or 0.5 percent by weight;
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0014| G. "lead hazards" means a substance, surface or
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0015| object that contains lead and that, due to its condition,
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0016| location or nature, may contribute to human lead poisoning or
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0017| lead exposure;
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0018| H. "lead hazard abatement" means any measure or set
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0019| of measures designed to permanently eliminate a lead hazard, as
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0020| specified under federal requirements;
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0021| I. "lead hazard activities" includes lead hazard
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0022| identification, risk assessment, reduction and abatement in
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0023| target housing;
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0024| J. "lead hazard identification" means the on-site
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0025| inspection of target housing for the presence of actual or
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0001| potential lead hazards;
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0002| K. "lead hazard reduction" means actions designed
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0003| to minimize lead hazards in target housing, including lead
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0004| hazard abatement and interim control activities;
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0005| L. "lead hazard risk assessment" means an on-site
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0006| investigation of target housing to determine the existence,
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0007| nature, severity and location of lead hazards;
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0008| M. "lead poisoning" or "lead exposure" means a
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0009| confirmed concentration of lead in whole blood of a child of
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0010| ten or more micrograms of lead per deciliter of whole blood;
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0011| N. "secretary" means the secretary of health;
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0012| O. "target housing" means:
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0013| (1) housing constructing prior to 1978, except
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0014| housing for the elderly or persons with disabilities unless one
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0015| or more children reside or are expected to reside in such
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0016| housing, and except for zero-bedroom dwellings;
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0017| (2) a child-occupied facility, which is a
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0018| residence or other building or portion of a building,
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0019| constructed prior to 1978, visited regularly by the same child
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0020| on at least two different days within the week, Sunday through
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0021| Saturday, when each day's visit lasts at least three hours and
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0022| the combined weekly visit lasts at least six hours and the
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0023| combined annual visits last at least sixty hours. Child-
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0024| occupied facilities include day care centers, preschools and
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0025| kindergarten classrooms; or
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0001| (3) all structures attached to target housing
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0002| and the real property upon which target housing stands that may
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0003| include a lead hazard; and
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0004| P. "zero-bedroom dwelling" means any residential
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0005| dwelling in which the living area is not separated from the
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0006| sleeping area, and includes efficiencies, studio apartments,
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0007| dormitory housing, military barracks, and rentals of individual
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0008| rooms in residential dwellings.
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0009| Section 4. DEPARTMENT--POWERS AND DUTIES.--
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0010| A. The department is the designated state agency
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0011| for implementation of federal requirements and shall develop
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0012| and implement a lead hazard program that meets but is no more
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0013| stringent than federal requirements.
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0014| B. The department shall:
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0015| (1) establish a program for prevention of
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0016| childhood lead poisoning through regulation of work practices
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0017| for lead hazard identification, risk assessment, reduction and
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0018| abatement in target housing;
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0019| (2) adopt and promulgate rules and regulations
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0020| that:
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0021| (a) require certification of individuals
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0022| and firms that offer to perform lead hazard activities in
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0023| target housing;
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0024| (b) set training requirements for
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0025| individuals and firms directly and substantially involved in
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0001| the performance of lead hazard activities in target housing;
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0002| (c) establish accreditation standards
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0003| for programs that train persons involved in lead hazard
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0004| activities in target housing, including: 1) minimum
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0005| requirements for the accreditation of training providers; 2)
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0006| minimum training curriculum requirements; 3) minimum training
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0007| hour requirements; 4) minimum hands-on training requirements;
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0008| 5) minimum trainee competency and proficiency requirements; 6)
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0009| minimum requirements for training program quality control; and
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0010| 7) criteria and procedures for suspension, revocation and
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0011| modification of accredited training programs;
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0012| (d) establish standards for performing
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0013| lead hazard activities in target housing, taking into account
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0014| reliability, effectiveness and safety;
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0015| (e) establish criteria and procedures
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0016| for suspension and revocation of professional certification;
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0017| and
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0018| (f) provide for enforcement of the Lead
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0019| Hazard Act and the regulations adopted pursuant to that act;
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0020| (3) dedicate suitable staff and acquire
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0021| suitable space, equipment, supplies and other items necessary
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0022| to carry out the provisions of the Lead Hazard Act and
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0023| regulations adopted pursuant to that act; and
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0024| (4) apply for and expend available federal
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0025| funds for lead hazard activities and implementation of the lead
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0001| hazard program.
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0002| C. In order to carry out the purposes of the Lead
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0003| Hazard Act and to insure that lead hazard activities do not
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0004| create additional health hazards, the department may:
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0005| (1) with prior notification enter target
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0006| housing where lead hazard activities are being conducted by a
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0007| paid inspector or contractor for the purpose of monitoring the
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0008| conduct of such lead hazard activities, at reasonable times and
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0009| without undue delay;
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0010| (2) enter and inspect the facilities of any
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0011| individual or firm providing lead hazard activities training
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0012| for the purpose of monitoring training activities and
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0013| equipment, at reasonable times and without undue delay; and
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0014| (3) collect information from any individual
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0015| involved in lead hazard activities or training about lead
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0016| hazard activities.
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0017| D. The department may, depending on availability of
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0018| funding:
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0019| (1) collect and analyze data on the:
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0020| (a) extent of lead-based paint hazards
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0021| in New Mexico;
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0022| (b) lead hazard activities in New
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0023| Mexico; and
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0024| (c) certification, accreditation and
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0025| enforcement activities of the department; and
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0001| (2) conduct public education programs on the
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0002| nature and consequences of lead poisoning, the need for
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0003| accredited training providers and the need for certified
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0004| personnel for lead hazard activities.
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0005| Section 5. COMPLIANCE--ENFORCEMENT.--
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0006| A. Lead hazard activities shall be performed by
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0007| certified personnel and shall comply with department
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0008| regulations adopted pursuant to the Lead Hazard Act. Lead
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0009| hazard training providers shall be accredited by the department
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0010| and comply with department regulations.
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0011| B. The department shall enforce the provisions of
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0012| the Lead Hazard Act and regulations adopted pursuant to that
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0013| act by issuance of appropriate orders or decisions and through
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0014| sanctions and penalties established by federal regulations and
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0015| state regulations adopted pursuant to the Lead Hazard Act.
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0016| Penalties collected pursuant to this section shall be deposited
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0017| in the general fund.
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0018| C. State enforcement regulations shall make
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0019| provision for:
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0020| (1) inspections to determine compliance with
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0021| regulations and standards developed to the Lead Hazard Act;
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0022| (2) sampling techniques to determine
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0023| compliance with regulations and standards developed pursuant to
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0024| the Lead Hazard Act;
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0025| (3) follow-up for complaints;
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0001| (4) sanctions and penalties;
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0002| (5) flexible remedies; and
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0003| (6) compliance assistance.
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0004| Section 6. APPEAL.--
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0005| A. A person aggrieved by a sanction or penalty
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0006| issued pursuant to the Lead Hazard Act or regulations adopted
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0007| pursuant to that act may appeal to the secretary within thirty
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0008| days after receipt of notice of the sanction or penalty. A
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0009| hearing shall be held within sixty days on each appeal filed.
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0010| The secretary shall appoint a hearing officer to hear the
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0011| appeal and provide for due process. The hearing officer shall
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0012| report his findings to the secretary, who shall make the final
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0013| decision. The party may appeal the decision of the secretary
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0014| to the district court. An appeal to the district court shall
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0015| be on the record.
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0016| B. While an appeal is pending, compliance with a
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0017| sanction or penalty shall not be required unless the secretary
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0018| determines by a separate finding that the violation was
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0019| intentional or that there exists a hazardous condition that
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0020| requires immediate compliance with the sanction or penalty so
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0021| as to eliminate a public health hazard.
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0022| Section 7. RECIPROCITY.--The department may establish
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0023| liaison with other states having lead hazard activities
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0024| programs to assure maximum consistency of program requirements
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0025| to facilitate reciprocity of certification and accreditation
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0001| with other states.
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0002| Section 8. FUND CREATED--FEES.--
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0003| A. The "lead hazard fund" is created in the state
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0004| treasury. The fund shall consist of appropriations; lead
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0005| hazard activities fees; and public or private grants, gifts and
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0006| donations. Money in the fund at the end of the fiscal year
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0007| shall not revert to the general fund. The fund shall be
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0008| administered by the department, and money in the fund is
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0009| appropriated to the department to carry out the provisions of
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0010| the Lead Hazard Act and regulations adopted pursuant to that
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0011| act.
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0012| B. The department may collect reasonable fees for
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0013| certification, accreditation and other reviews as may be
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0014| necessary to carry out the provisions of the Lead Hazard Act
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0015| and regulations adopted pursuant to that act.
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0016| Section 9. EXPIRATION OF PROGRAM.--The lead hazard
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0017| activities program established pursuant to the Lead Hazard Act
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0018| shall expire on June 30, 2002, unless continued by the
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0019| legislature.
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0020| Section 10. DELAYED REPEAL.--This act is repealed July 1,
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0021| 2002.
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0022| - 10 - State of New Mexico
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0023| House of Representatives
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION, 1997
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0002|
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0003|
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0004| February 14, 1997
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0005|
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0006|
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0007| Mr. Speaker:
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0008|
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0009| Your ENERGY AND NATURAL RESOURCES COMMITTEE, to
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0010| whom has been referred
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0011|
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0012| HOUSE BILL 668
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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, and thence referred to the
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0016| JUDICIARY COMMITTEE.
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0017|
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0018| Respectfully submitted,
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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|
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0024| James Roger Madalena, Chairman
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0025|
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0001|
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0002| Adopted Not Adopted
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0003|
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006| Date
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0007|
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0008| The roll call vote was 9 For 0 Against
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0009| Yes: 9
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0010| Excused: Knowles, Picraux, Ryan
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0011| Absent: None
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0012|
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0013|
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0014| G:\BILLTEXT\BILLW_97\H0668 State of New Mexico
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0015| House of Representatives
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0016|
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0017| FORTY-THIRD LEGISLATURE
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0018| FIRST SESSION, 1997
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0019|
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0020|
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0021| March 4, 1997
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0022|
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0023|
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0024| Mr. Speaker:
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0025|
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0001| Your JUDICIARY COMMITTEE, to whom has been referred
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0002|
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0003| HOUSE BILL 668
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO PASS, and thence referred to the
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0007| APPROPRIATIONS AND FINANCE COMMITTEE.
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013|
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0014|
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0015| Thomas P. Foy, Chairman
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0016|
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0017|
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0018| Adopted Not Adopted
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0019|
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022| Date
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0023|
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0024| The roll call vote was 8 For 0 Against
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0025| Yes: 8
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0001| Excused: King, Foy, Luna, Rios, Vaughn
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0002| Absent: None
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0003|
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0004|
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0005| G:\BILLTEXT\BILLW_97\H0668 State of New Mexico
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0006| House of Representatives
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0007|
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0008| FORTY-THIRD LEGISLATURE
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0009| FIRST SESSION, 1997
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0010|
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0011|
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0012| March 8, 1997
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0013|
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0014|
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0015| Mr. Speaker:
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0016|
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0017| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0018| whom has been referred
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0019|
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0020| HOUSE BILL 668
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0021|
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0022| has had it under consideration and reports same with
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0023| recommendation that it DO PASS.
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005|
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0006| Max Coll, Chairman
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013| Date
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0014|
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0015| The roll call vote was 12 For 0 Against
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0016| Yes: 12
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0017| Excused: Buffett, Coll, Marquardt, Taylor, JP, Watchman
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0018| Absent: None
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0019|
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0020|
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0021| G:\BILLTEXT\BILLW_97\H0668
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0022|
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0023| FORTY-THIRD LEGISLATURE
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| March 19, 1997
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0003|
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0004| Mr. President:
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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| HOUSE BILL 668
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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, and thence referred to the
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0012| FINANCE COMMITTEE.
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0013|
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0014| Respectfully submitted,
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0015|
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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| Fernando R. Macias, Chairman
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0021|
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0022|
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0023|
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0024| Adopted_______________________ Not
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0025| Adopted_______________________
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003|
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0004|
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0005| Date ________________________
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0006|
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0007|
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0008| The roll call vote was 7 For 0 Against
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0009| Yes: 7
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0010| No: 0
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0011| Excused: Tsosie
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0012| Absent: None
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0013|
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0014|
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0015| H0668JU1
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