1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 343 By: Newhouse |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Section 5-142, which relates to criminal history |
8| record checks for school employment; requiring |
| certain letter to include certain attestation; |
9| updating statutory references; providing an effective |
| date; and declaring an emergency. |
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11| |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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13| SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-142, is |
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14|amended to read as follows: |
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15| Section 5-142. A. Except as otherwise provided for in |
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16|subsection F of this section, for purposes of employment, a board of |
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17|education may request in writing to the State Board of Education |
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18|that a national criminal history record check be conducted of any |
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19|employee of the school and shall request such information for any |
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20|person seeking employment with the school; provided that a board of |
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21|education shall not be required to obtain a new criminal history |
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22|record check for an individual who has obtained certification from |
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23|the State Department of Education within the previous twelve (12) |
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24|months. The Oklahoma State Bureau of Investigation (OSBI) shall |
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1|obtain fingerprints of the employee or prospective employee and |
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2|require that the person pay a search fee not to exceed Fifty Dollars |
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3|($50.00) or the cost of the search, whichever is the lesser amount. |
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4|The fee shall be deposited in the OSBI Revolving Fund. School |
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5|districts may reimburse employees for the cost of the search. The |
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6|State Board of Education shall contact the Oklahoma State Bureau of |
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7|Investigation for any national criminal history record of the person |
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8|within fourteen (14) working days of receiving a written request |
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9|from the board of education. |
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10| B. The Oklahoma State Bureau of Investigation shall provide the |
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11|national criminal history record check requested by the State Board |
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12|of Education within fourteen (14) working days from the receipt of |
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13|the request. The Bureau may contact the Federal Bureau of |
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14|Investigation to obtain the information requested. |
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15| C. The State Board of Education shall provide the information |
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16|received from the Oklahoma State Bureau of Investigation to the |
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17|board of education within fourteen (14) days from the receipt of the |
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18|information. The State Board of Education shall provide any |
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19|follow-up information received from the OSBI concerning a person for |
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20|which whom a national criminal history record check was requested to |
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21|the employing board of education. |
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22| D. For the purpose of this section: |
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23| 1. "Board of education" includes both public and private boards |
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24|of education within or outside this state; |
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1| 2. "Employing agency" means a political subdivision or law |
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2|enforcement agency in this state; |
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3| 3. "Law enforcement officer" means a peace or police officer |
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4|who is certified by the Council on Law Enforcement Education and |
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5|Training; |
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6| 4. "National criminal history record check" means a national |
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7|criminal history record check as defined in Section 150.9 of Title |
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8|74 of the Oklahoma Statutes; and |
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9| 5. "Prospective employee" means an individual who has received |
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10|an offer of temporary employment from a school district pending the |
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11|results of the national criminal history record check. |
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12| E. Each public board of education within this state shall |
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13|promulgate a statement regarding the felony record search policy for |
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14|that school district. The policy may permit temporary employment of |
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15|prospective employees for a maximum of sixty (60) days pending |
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16|receipt of results of national criminal history record check |
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17|requests. The temporary employment of the prospective employee |
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18|shall terminate after sixty (60) days unless the school district |
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19|receives the results of the national criminal history record check. |
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20|The sixty-day temporary employment period shall begin on the first |
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21|day the prospective employee reports for duty at the employing |
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22|school district. Prospective employees shall be notified of the |
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23|requirement, the fee, and the reimbursement policy when first |
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24|interviewed concerning employment. The school district's |
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1|reimbursement policy shall provide, at a minimum, that employees |
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2|shall be promptly reimbursed in full for the fee if employed by the |
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3|district at the time the national criminal history record check |
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4|request is made unless the person was employed pending receipt of |
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5|results as set forth above. |
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6| F. 1. Any person who has been employed as a full-time teacher |
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7|by a school district in this state and applies for employment as a |
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8|full-time teacher in another school district in this state may not |
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9|be required to have a national criminal history record check if the |
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10|teacher produces a copy of a national criminal history record check |
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11|completed within the preceding five (5) years and a letter from the |
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12|school district in which the teacher was employed stating the |
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13|teacher left in good standing. The letter shall attest to whether |
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14|there were allegations or pending or ongoing investigations of |
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15|inappropriate behavior between the teacher and a student or |
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16|students. |
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17| 2. For any person applying for employment as a substitute |
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18|teacher, a national criminal history record check shall be required |
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19|for the school year; provided, however, a board of education may |
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20|choose whether to require a national criminal history record check |
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21|from a prospective substitute teacher who has been employed by the |
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22|school district in the last year. Any person applying for |
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23|employment as a substitute teacher in more than one school district |
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24|shall only be required to have one national criminal history record |
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1|check, and, upon the request of the substitute teacher, that record |
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2|check shall be sent to all other school districts in which the |
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3|substitute teacher is applying to teach. |
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4| 3. Any person employed as a full-time teacher by a school |
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5|district in this state in the five (5) years immediately preceding |
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6|an application for employment as a substitute teacher may not be |
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7|required to have a national criminal history record check, if the |
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8|teacher produces a copy of a national criminal history record check |
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9|completed within the preceding five (5) years and a letter from the |
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10|school district in which the teacher was last employed stating the |
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11|teacher left in good standing. |
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12| 4. Any person employed as a substitute teacher by a school |
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13|district in this state for a minimum of five (5) years immediately |
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14|preceding an application for employment as a full-time teacher in a |
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15|school district in this state may not be required to have a national |
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16|criminal history record check if the teacher produces a copy of a |
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17|national criminal history record check completed within the |
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18|preceding five (5) years and a letter from the school district in |
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19|which the teacher was employed as a substitute teacher stating the |
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20|teacher left in good standing. |
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21| 5. Any person employed as a full-time teacher by a school |
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22|district in this state for ten (10) or more consecutive years |
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23|immediately preceding an application for employment as a substitute |
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24|teacher in the same school district may not be required to have a |
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1|national criminal history record check for as long as the person |
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2|remains employed for consecutive years by that school district as a |
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3|substitute teacher, if the teacher left full-time employment in good |
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4|standing. If the teacher applies for employment as a substitute |
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5|teacher in another school district, a national criminal history |
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6|record check shall be required. |
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7| G. 1. Except as otherwise provided by this subsection, any |
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8|teacher employed by an Oklahoma school district prior to the |
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9|effective date of this act May 19, 2020, who does not have an |
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10|Oklahoma criminal history record check from the Oklahoma State |
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11|Bureau of Investigation as well as a national criminal history |
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12|record check, as defined in Section 150.9 of Title 74 of the |
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13|Oklahoma Statutes, on file with his or her employing district as |
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14|required by this section shall complete the criminal history record |
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15|checks upon the next renewal of his or her Standard Teaching |
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16|Certificate standard teaching certificate as required by Section |
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17|6-154.1 of this title or State Board of Education administrative |
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18|rules promulgated thereto. |
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19| 2. Except as otherwise provided by this subsection, any other |
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20|person employed by an Oklahoma school district prior to the |
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21|effective date of this act May 20, 2020, who does not have an |
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22|Oklahoma criminal history record check from the Oklahoma State |
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23|Bureau of Investigation as well as a national criminal history |
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24|record check, as defined in Section 150.9 of Title 74 of the |
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1|Oklahoma Statutes, on file with his or her employing district as |
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2|required by this section shall have until July 1, 2022, to complete |
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3|the criminal history record checks. |
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4| 3. Any teacher eligible to retire from the Teachers' Retirement |
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5|System of Oklahoma who does not have an Oklahoma criminal history |
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6|record check from the Oklahoma State Bureau of Investigation as well |
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7|as a national criminal history record check, as defined in Section |
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8|150.9 of Title 74 of the Oklahoma Statutes, on file with his or her |
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9|employing district as required by this section shall complete the |
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10|criminal history record checks by the earlier of the following |
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11|dates: |
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12| a. July 1, 2022, or |
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13| b. at the next renewal of his or her Standard Teaching |
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14| Certificate standard teaching certificate as required |
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15| by Section 6-154.1 of this title or State Board of |
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16| Education administrative rules promulgated thereto. |
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17| H. The provisions of this section shall not apply to technology |
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18|center employees hired on a part-time or temporary basis for the |
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19|instruction of adult students only. |
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20| I. The provisions of this section shall not apply to law |
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21|enforcement officers who are employed by an employing agency at the |
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22|time of application for employment at a public school district. |
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23| J. Nothing in this section shall be construed to impose |
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24|liability on school districts, except in negligence, for employing |
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1|prospective employees within the sixty-day temporary employment |
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2|window pending the results of the national criminal history record |
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3|check. |
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4| SECTION 2. This act shall become effective July 1, 2023. |
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5| SECTION 3. It being immediately necessary for the preservation |
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6|of the public peace, health, or safety, an emergency is hereby |
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7|declared to exist, by reason whereof this act shall take effect and |
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8|be in full force from and after its passage and approval. |
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10| 59-1-863 EB 1/13/2023 5:22:33 PM |
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