0001| HOUSE BILL 868
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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| DANIEL P. SILVA
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO THE NEW MEXICO LOTTERY; PROVIDING FOR AGENTS OF THE
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0012| SECURITY DIVISION OF THE NEW MEXICO LOTTERY AUTHORITY TO BE
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0013| CERTIFIED PEACE OFFICERS; AUTHORIZING THE DEPARTMENT OF PUBLIC
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0014| SAFETY TO COOPERATE WITH THE NEW MEXICO LOTTERY AUTHORITY IN
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0015| PROCESSING FINGERPRINTING AND MAKING CRIMINAL RECORD CHECKS;
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0016| AUTHORIZING IMPOSITION OF AN ADMINISTRATIVE FEE; AMENDING
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0017| SECTIONS OF THE NMSA 1978.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. Section 6-24-12 NMSA 1978 (being Laws 1995,
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0021| Chapter 155, Section 12) is amended to read:
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0022| "6-24-12. EXECUTIVE VICE PRESIDENT FOR SECURITY--
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0023| QUALIFICATIONS--DUTIES SECURITY AGENTS--CRIMINAL RECORD
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0024| CHECKS.--
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0025| A. The chief executive officer shall hire an
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0001| executive vice president for security, who shall be qualified
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0002| by training and experience, including at least five years of
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0003| law enforcement experience, and be knowledgeable and
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0004| experienced in computer security. The executive vice president
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0005| for security shall take direction as needed from the chief
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0006| executive officer and shall be accountable to the board.
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0007| B. The executive vice president for security shall:
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0008| (1) be the chief administrative officer of the
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0009| security division of the authority, which is designated as a
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0010| law enforcement agency for the purposes of administering the
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0011| security provisions of the New Mexico Lottery Act;
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0012| (2) be responsible for assuring the security,
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0013| honesty, fairness and integrity of the operation and
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0014| administration of the lottery and to that end shall institute
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0015| all necessary security measures, including [but not limited
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to] an examination of the background of all prospective
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0017| employees, lottery retailers, lottery vendors and lottery
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0018| contractors;
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0019| (3) in conjunction with the chief executive
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0020| officer, confer with the attorney general or his designee to
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0021| promote and ensure the security, honesty, fairness and
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0022| integrity of the operation and administration of the lottery;
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0023| and
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0024| (4) in conjunction with the chief executive
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0025| officer, report any alleged violation of law to the attorney
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0001| general or any other appropriate law enforcement authority for
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0002| further investigation and action.
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0003| C. Agents of the security division of the
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0004| authority shall be New Mexico certified peace officers with
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0005| powers of arrest in the performance of their duties.
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0006| D. Upon the request of the authority, the
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0007| department of public safety is authorized to accept and process
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0008| fingerprints for an examination of a criminal history
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0009| background and, to the extent provided by federal law, to
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0010| exchange state, multistate and federal criminal history records
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0011| with the authority. The department of public safety may charge
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0012| the authority an administrative fee for services provided
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0013| pursuant to this subsection."
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0014| Section 2. Section 6-24-21 NMSA 1978 (being Laws 1995,
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0015| Chapter 155, Section 21) is amended to read:
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0016| "6-24-21. DRAWINGS FOR AND PAYMENT OF PRIZES--UNCLAIMED
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0017| PRIZES--APPLICABILITY OF TAXATION.--
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0018| A. All lottery prize drawings, other than drawings
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0019| for on-line games, shall be held in public. The selection of
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0020| winning entries shall not be performed by an employee of the
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0021| lottery or by a member of the board. All drawings, other than
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0022| on-line drawings, shall be witnessed by the internal auditor
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0023| of the authority or his designee. All lottery drawing
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0024| equipment used in public drawings to select winning numbers or
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0025| entries or participants for prizes shall be examined by the
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0001| chief executive officer's staff and the internal auditor of the
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0002| authority or his designee prior to and after each public
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0003| drawing.
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0004| B. Any lottery prize is subject to applicable state
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0005| taxes. The authority shall report to the state and federal
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0006| taxing authorities any lottery prize exceeding six hundred
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0007| dollars ($600).
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0008| C. The authority shall adopt rules, policies and
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0009| procedures to conduct fair and equitable drawings and establish
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0010| a system of verifying the validity of tickets claimed to win
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0011| prizes and to effect payment of such prizes, provided:
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0012| (1) no prize shall be paid upon a ticket
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0013| purchased or sold in violation of the New Mexico Lottery Act.
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0014| Any such prize shall constitute an unclaimed prize for purposes
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0015| of this section;
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0016| (2) the authority is discharged from all
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0017| liability upon payment of a prize;
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0018| (3) the board may by rule provide for the
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0019| payment of prizes by lottery retailers, whether or not the
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0020| lottery retailer sold the winning ticket, whenever the amount
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0021| of the prize is less than an amount set by board rule. Payment
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0022| shall not be made directly to a player by a machine or a
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0023| mechanical or electronic device;
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0024| (4) prizes not claimed within the time period
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0025| established by the authority are forfeited and shall be paid
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0001| into the prize fund. No interest is due on a prize when a
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0002| claim is delayed; and
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0003| (5) the right to a prize is not assignable,
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0004| but prizes may be paid to a deceased winner's estate or to a
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0005| person designated by judicial order."
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0006| State of New Mexico
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0007| House of Representatives
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0008|
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0009| FORTY-THIRD LEGISLATURE
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0010| FIRST SESSION, 1997
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0011|
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0012|
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0013| March 10, 1997
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0014|
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0015|
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0016| Mr. Speaker:
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0017|
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0018| Your JUDICIARY COMMITTEE, to whom has been referred
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0019|
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0020| HOUSE BILL 868
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0021|
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0022| has had it under consideration and reports same WITHOUT
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0023| RECOMMENDATION, and thence referred to TAXATION
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0024| AND REVENUE COMMITTEE.
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0025|
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0001| Respectfully submitted,
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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|
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0007| Thomas P. Foy, Chairman
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0008|
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0009|
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0010| Adopted Not Adopted
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0011|
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014| Date
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0015|
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0016| The roll call vote was 7 For 2 Against
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0017| Yes: 7
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0018| No: Carpenter, Larranaga
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0019| Excused: Mallory, Pederson, Rios, Sanchez
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0020| Absent: None
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0021|
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0022|
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0023| G:\BILLTEXT\BILLW_97\H0868
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0024| State of New Mexico
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0025| House of Representatives
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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| March 14, 1997
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0012| been referred
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0013|
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0014| HOUSE BILL 868
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0015|
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0016| has had it under consideration and reports same WITHOUT
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0017| RECOMMENDATION, amended as follows:
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0018|
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0019| 1. On page 1, line 17, strike "SECTIONS" and insert in lieu
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0020| thereof "A SECTION".
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0021|
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0022| 2. On pages 3 through 5, strike Section 2 in its entirety.,
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0023|
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0024| and thence referred to the APPROPRIATIONS AND FINANCE
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0025| COMMITTEE.
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0001|
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0002| The roll call vote on Amendment #1 was 9 For 1 Against
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0003| Yes: 9
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0004| No: Lovejoy
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0005| Excused: Lujan, Sandoval, Sandel
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0006| Absent: None
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013| Jerry W. Sandel, Chairman
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0014|
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0015|
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0016| Adopted Not Adopted
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0017|
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0018| (Chief Clerk) (Chief Clerk)
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0019|
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0020| Date
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0021|
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0022| The roll call vote was 10 For 0 Against
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0023| Yes: 10
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0024| Excused: Lujan, Sandoval, Sandel
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0025| Absent: None
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0001|
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0002| .118925.1
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0003| G:\BILLTEXT\BILLW_97\H0868
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