Bill Text For HB1039 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|HOUSE BILL 1039                      By: Rosecrants                    |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to revenue and taxation; amending 68            |
  |       O.S. 2021, Sections 1357.10, 1377 and 2701, which               |
 8|       relate to tax exemptions for certain sales; exempting           |
  |       school supplies; modifying maximum per-item                     |
 9|       allowance; defining term; directing State Board of              |
  |       Education to promulgate list; clarifying citations;             |
10|       providing an effective date; and declaring an                   |
  |       emergency.                                                      |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     AMENDATORY     68 O.S. 2021, Section 1357.10, is    |
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16|amended to read as follows:                                            |
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17|    Section 1357.10  A.  The sale of an article of clothing or         |
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18|footwear designed to be worn on or about the human body or any         |
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19|school supplies shall be exempt from the tax imposed by Section 1354   |
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20|of Title 68 of the Oklahoma Statutes this title if:                    |
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21|    1.  The sales price of the article of clothing or footwear is      |
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22|less than One Hundred Dollars ($100.00) Seventy-five Dollars           |
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23|($75.00) and the price of the school supply item is less than Fifty    |
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24|Dollars ($50.00); and                                                  |
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   Req. No. 5949                                                   Page 1
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 1|    2.  The sale takes place during a period beginning at 12:01 a.m.   |
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 2|on the first Friday in August and ending at 12 midnight on the         |
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 3|following Sunday, covering a period of three (3) days.                 |
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 4|    B.  Subsection A of this section shall not apply to:               |
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 5|    1.  Any special clothing or footwear that is primarily designed    |
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 6|for athletic activity or protective use and that is not normally       |
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 7|worn except when used for athletic activity or protective use for      |
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 8|which it is designed;                                                  |
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 9|    2.  Accessories, including jewelry, handbags, luggage,             |
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10|umbrellas, wallets, watches, and similar items carried on or about     |
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11|the human body, without regard to whether worn on the body in a        |
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12|manner characteristic of clothing; and                                 |
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13|    3.  The rental of clothing or footwear.                            |
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14|    C.  The Oklahoma Tax Commission shall promulgate any necessary     |
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15|rules to implement the provisions of this section.                     |
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16|    D.  For purposes of subsection A of this section, school           |
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17|supplies shall include binders, calculators, cellophane tape,          |
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18|colored pencils, compasses, notebooks, construction paper, crayons,    |
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19|erasers, folders, glue sticks, liquid glue, highlighters, legal        |
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20|pads, lunchboxes, markers, notebook filler paper, paste, pencils,      |
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21|including mechanical pencils and pencil refills, pens, including       |
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22|felt pens, ballpoint pens, fountain pens, and pen refills, poster      |
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23|board, poster paper, protractors, rulers, scissors, staplers,          |
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24|staples, paints, including acrylic, tempera, watercolors, and oil      |
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   Req. No. 5949                                                   Page 2
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 1|paints, paintbrushes for artwork, sketch and drawing pads, reference   |
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 2|maps and guides, all required textbooks on an official school book     |
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 3|list with a sales price of more than Thirty Dollars ($30.00) and       |
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 4|less than Fifty Dollars ($50.00) and any additional items deemed       |
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 5|school supplies by the State Board of Education.  Each year, the       |
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 6|State Board of Education shall promulgate an official list of school   |
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 7|supplies, which will additionally be treated as tax-exempt under       |
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 8|this section.                                                          |
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 9|    SECTION 2.     AMENDATORY     68 O.S. 2021, Section 1377, is       |
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10|amended to read as follows:                                            |
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11|    Section 1377.  The sales tax imposed by any county or authority    |
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12|authorized by law to levy a sales tax shall not be imposed upon the    |
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13|sale of an article of clothing or footwear designed to be worn on or   |
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14|about the human body or any school supplies in accordance with and     |
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15|to the extent set forth in Section 3 1357.10 of this act title.        |
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16|    SECTION 3.     AMENDATORY     68 O.S. 2021, Section 2701, is       |
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17|amended to read as follows:                                            |
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18|    Section 2701.  A.  Any incorporated city or town in this state     |
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19|is hereby authorized to assess, levy, and collect taxes for general    |
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20|and special purposes of municipal government as the Legislature may    |
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21|levy and collect for purposes of state government, subject to the      |
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22|provisions of subsection F of this section, except ad valorem          |
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23|property taxes.  Provided:                                             |
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   Req. No. 5949                                                   Page 3
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 1|    1.  Taxes shall be uniform upon the same class subjects, and any   |
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 2|tax, charge, or fee levied upon or measured by income or receipts      |
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 3|from the sale of products or services shall be uniform upon all        |
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 4|classes of taxpayers;                                                  |
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 5|    2.  Motor vehicles may be taxed by the city or town only when      |
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 6|such vehicles are primarily used or located in such city or town for   |
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 7|a period of time longer than six (6) months of a taxable year;         |
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 8|    3.  The provisions of this section shall not be construed to       |
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 9|authorize imposition of any tax upon persons, firms, or corporations   |
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10|exempted from other taxation under the provisions of Sections 348.1,   |
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11|624 and 321 of Title 36 of the Oklahoma Statutes, by reason of         |
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12|payment of taxes imposed under such sections;                          |
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13|    4.  Cooperatives and communications companies are hereby           |
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14|authorized to pass on to their subscribers in the incorporated city    |
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15|or town involved, the amount of any special municipal fee, charge or   |
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16|tax hereafter assessed or levied on or collected from such             |
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17|cooperatives or communications companies;                              |
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18|    5.  No earnings, payroll or income taxes may be levied on          |
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19|nonresidents of the cities or towns levying such tax;                  |
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20|    6.  The governing body of any city or town shall be prohibited     |
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21|from proposing taxing ordinances more often than three times in any    |
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22|calendar year, or twice in any six-month period; and                   |
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   Req. No. 5949                                                   Page 4
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 1|    7.  Any revenues derived from a tax authorized by this             |
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 2|subsection not dedicated to a limited purpose shall be deposited in    |
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 3|the municipal general fund.                                            |
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 4|    B.  A sales tax authorized in subsection A of this section may     |
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 5|be levied for limited purposes specified in the ordinance levying      |
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 6|the tax.  Such ordinance shall be submitted to the voters for          |
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 7|approval as provided in Section 2705 of this title.  Any sales tax     |
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 8|levied or any change in the rate of a sales tax levied pursuant to     |
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 9|the provisions of this section shall become effective on the first     |
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10|day of the calendar quarter following approval by the voters of the    |
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11|city or town unless another effective date, which shall also be on     |
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12|the first day of a calendar quarter, is specified in the ordinance     |
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13|levying the sales tax or changing the rate of sales tax.  Such         |
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14|ordinance shall describe with specificity the projects or              |
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15|expenditures for which the limited-purpose tax levy would be made.     |
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16|The municipal governing body shall create a limited-purpose fund and   |
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17|deposit therein any revenue generated by any tax levied pursuant to    |
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18|this subsection.  Money in the fund shall be accumulated from year     |
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19|to year.  The fund shall be placed in an insured interest-bearing      |
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20|account and the interest which accrues on the fund shall be retained   |
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21|in the fund.  The fund shall be nonfiscal and shall not be             |
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22|considered in computing any levy when the municipality makes its       |
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23|estimate to the excise board for needed appropriations.  Money in      |
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24|the limited-purpose tax fund shall be expended only as accumulated     |
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   Req. No. 5949                                                   Page 5
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 1|and only for the purposes specifically described in the taxing         |
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 2|ordinance as approved by the voters.                                   |
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 3|    C.  The Oklahoma Tax Commission shall give notice to all vendors   |
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 4|of a rate change at least sixty (60) days prior to the effective       |
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 5|date of the rate change.  Provided, for purchases from printed         |
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 6|catalogs wherein the purchaser computed the tax based upon local tax   |
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 7|rates published in the catalog, the rate change shall not be           |
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 8|effective until the first day of a calendar quarter after a minimum    |
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 9|of one hundred twenty-days' notice to vendors.  Failure to give        |
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10|notice as required by this section shall delay the effective date of   |
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11|the rate change to the first day of the next calendar quarter.         |
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12|    D.  The change in the boundary of a municipality shall be          |
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13|effective, for sales and use tax purposes only, on the first day of    |
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14|a calendar quarter after a minimum of sixty (60) days' notice to       |
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15|vendors.                                                               |
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16|    E.  If the proceeds of any sales tax levied by a municipality      |
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17|pursuant to subsection B of this section are being used by the         |
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18|municipality for the purpose of retiring indebtedness incurred by      |
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19|the municipality or by a public trust of which the municipality is a   |
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20|beneficiary for the specific purpose for which the sales tax was       |
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21|imposed, the sales tax shall not be repealed until such time as the    |
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22|indebtedness is retired.  However, in no event shall the life of the   |
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23|tax be extended beyond the duration approved by the voters of the      |
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24|municipality.  The provisions of this subsection shall apply to all    |
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   Req. No. 5949                                                   Page 6
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 1|sales tax levies imposed by a municipality and being used by the       |
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 2|municipality for the purposes set forth in this subsection prior to    |
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 3|or after July 1, 1995.                                                 |
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 4|    F.  The sale of an article of clothing or footwear designed to     |
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 5|be worn on or about the human body or any school supplies shall be     |
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 6|exempt from the sales tax imposed by any incorporated city or town,    |
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 7|in accordance with and to the extent set forth in Section 1357.10 of   |
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 8|this title.                                                            |
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 9|    G.  Any municipality that levies a dedicated tax pursuant to a     |
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10|vote of the people for the purpose of funding public safety or any     |
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11|other governmental purpose shall not redirect all or a portion of      |
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12|the dedicated tax revenue to another purpose without a vote of the     |
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13|people authorizing such action.                                        |
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14|    SECTION 4.  The act shall become effective July 1, 2023.           |
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15|    SECTION 5.  It being immediately necessary for the preservation    |
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16|of the public peace, health or safety, an emergency is hereby          |
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17|declared to exist, by reason whereof this act shall take effect and    |
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18|be in full force from and after its passage and approval.              |
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20|    59-1-5949      MAH    12/20/22                                     |
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   Req. No. 5949                                                   Page 7
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