Alabama 2023 Regular Session

Alabama Senate Bill SB67 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	SB67INTRODUCED
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3		-	11NX33-2
	3	+	11NX33-1
4	4		By Senator Chambliss
5	5		RFD: Veterans and Military Affairs
6	6		First Read: 21-Mar-23
7		-	2023 Regular Session
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12		-	5 ~~SB67 EnrolledSB67 Enrolled~~
	11	+	5 11NX33-1 02/08/2023 MAP (L)ma 2023-321
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14		-	Enrolled, An Act,
15		-	Relating to the Alabama National Guard; to amend
16		-	Sections 31-10-2, 31-10-3, and 31-10-4.1, Code of Alabama
17		-	1975, relating to educational benefits for qualified active
18		-	members; to limit the amount of private tuition reimbursed to
19		-	eligible guard members to the median tuition of any public
20		-	institution in the state; to clarify the law relating to
21		-	undergraduate and graduate credentials; and to repeal Article
22		-	2, commencing with Section 31-10-20, of Chapter 10, Title 31,
23		-	Code of Alabama 1975, relating to supplemental educational
24		-	assistance benefits.
25		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26		-	Section 1. Sections 31-10-2, 31-10-3, and 31-10-4.1 of
27		-	the Code of Alabama 1975, are amended to read as follows:
28		-	"§31-10-2
29		-	The following words used in this article shall have the
30		-	following meanings as set forth by this section :
31		-	(1) ACADEMIC EXCELLENCE BENEFITS. Additional funds for
32		-	guard members who are enrolled undergraduate students who
33		-	graduated from high school with a cumulative GPA greater than
34		-	3.5 and, while enrolled in an institution of higher education
35		-	in this state, have maintained a 3.0 collegiate cumulative
36		-	GPA. These funds can be used for tuition, fees, or ancillary
37		-	costs.
38		-	(1)(3) ALABAMA NATIONAL GUARD. Federally recognized
39		-	units of the Alabama National Guard.
	13	+	SYNOPSIS:
	14	+	Existing law provides educational tuition
	15	+	reimbursement for qualified active members of the
	16	+	Alabama National Guard.
	17	+	This bill would extend tuition reimbursement for
	18	+	dually or concurrently enrolled high school and college
	19	+	students.
	20	+	This bill would set the cap for private college
	21	+	tuition reimbursement at the rate of the public
	22	+	institution with the highest tuition and instructional
	23	+	rate fees.
	24	+	This bill would also clarify that the Alabama
	25	+	National Guard Education Assistance Program may only
	26	+	pay for the first degree obtained and that short
	27	+	certificates, long certificates, and associate degrees
	28	+	are considered stackable undergraduate credentials
	29	+	which may be used to obtain a baccalaureate degree,
	30	+	with the first degree obtained being considered a
	31	+	baccalaureate degree.
	32	+	A BILL
	33	+	TO BE ENTITLED
	34	+	AN ACT
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69		-	(2) ACTIVE MEMBER. A member of a federally recognized
70		-	unit of the Alabama National Guard meeting the minimum
71		-	requirements for satisfactory membership as defined in the
72		-	Department of the Army and Department of the Air Force
	64	+	Relating to the Alabama National Guard; to amend
	65	+	Sections 31-10-2, 31-10-3, and 31-10-4.1, Code of Alabama
	66	+	1975, relating to educational benefits for qualified active
	67	+	members; to limit the amount of private tuition reimbursed to
	68	+	eligible guard members to the highest tuition of any public
	69	+	institution in the state; to clarify the law relating to
	70	+	stackable undergraduate credentials; and to repeal Article 2,
	71	+	commencing with Section 31-10-20, of Chapter 10 of Title 31 of
	72	+	the Code of Alabama 1975, relating to supplemental educational
	73	+	assistance benefits.
	74	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	75	+	Section 1. Sections 31-10-2, 31-10-3, and 31-10-4.1 of
	76	+	the Code of Alabama 1975, are amended to read as follows:
	77	+	"§31-10-2
	78	+	The following words used in this article shall have the
	79	+	following meanings as set forth by this section :
	80	+	(1)(2) ALABAMA NATIONAL GUARD. Federally recognized
	81	+	units of the Alabama National Guard.
	82	+	(2)(1) ACTIVE MEMBER. A member of a federally
	83	+	recognized unit of the Alabama National Guard meeting the
	84	+	minimum requirements for satisfactory membership as defined in
	85	+	the Department of the Army and Department of the Air Force
73	86		regulations.
74		-	(4) ANCILLARY COSTS. Expenses incurred outside of
75		-	tuition related to educational costs, including textbooks,
76		-	additional course fees, or other course related costs.
77		-	(5) QUALIFYING ACADEMIC PATHWAY. A postsecondary
78		-	program at an institution of higher education in the state
79		-	that is one of the following:
80		-	a. A program that has been identified as a Pell Grant
81		-	eligible program for which the student earns credits required
82		-	for a postsecondary degree at the undergraduate level.
83		-	b. A graduate program that is the individual's first
84		-	degree sought at that level.
85		-	(3)(6) TUITION. The per semester term cost of
86		-	instruction and mandatory instructional fees to the public or
87		-	private postsecondary student not to exceed the median cost of
88		-	tuition per term, such as quarter or semester, of all public
89		-	four-year institutions of higher education in this state to
90		-	the student not to exceed the average cost of tuition per
91		-	semester of a state-supported Alabama four year institution ,
92		-	as reported to the Alabama Commission on Higher Education by
93		-	state-supported institutions of higher education and appearing
94		-	on the tuition plus required fees report of the commission,
95		-	for classes or courses that count towards the individual's
96		-	degree or certificate plan as designed and approved by the
	87	+	(3) TUITION. The per semester cost of instruction and
	88	+	mandatory instructional fees to the student not to exceed the
	89	+	average cost of tuition per semester of a state-supported
	90	+	Alabama four year institution , as reported to the Alabama
	91	+	Commission on Higher Education by state-supported institutions
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126		-	college or institution attended for the individual's declared
127		-	program of study. Differential tuition is not included. "
	121	+	of higher education and appearing on the tuition plus required
	122	+	fees report of the commission, for classes or courses that
	123	+	count towards the individual's degree or certificate plan as
	124	+	designed and approved by the college or institution attended
	125	+	for the individual's declared program of study. Payments for
	126	+	students attending private institutions of higher education
	127	+	shall not exceed the rates of the state-supported public
	128	+	institution with the highest tuition and instructional fee
	129	+	rates. Differential tuition or instructional fees that are
	130	+	specific to any major are not included. "
128	131		"§31-10-3
129		-	~~(a)~~ Subject to the annual appropriation to the Alabama
	132	+	Subject to the annual appropriation to the Alabama
130	133		National Guard Educational Assistance Program in the annual
131	134		Education Trust Fund Appropriation Act, provided suchthe
132		-	annual appropriations shall not exceed ten million dollars
133		-	($10,000,000), the Alabama Commission on Higher Education is
134		-	hereby authorized to may pay or reimburse the qualifying
135		-	tuition for any active member of the Alabama National Guard
136		-	who is one of the following:
137		-	(1) A student dually or concurrently enrolled in high
138		-	school and an institution of higher education.
139		-	(2) A postsecondary student who is enrolled in an
140		-	institution of higher education.
141		-	(3) A postsecondary student who is dually or
142		-	concurrently enrolled in more than one institution of higher
143		-	education and is enrolled in a program leading to the a
144		-	qualifying academic pathway, including a short certificate or
145		-	long certificate, or associate, baccalaureate, masters, or
146		-	doctorate degree in an accredited institution of higher
147		-	learning, including a community or technical college within
148		-	the State of Alabama this state.
149		-	(b) Such The payments or reimbursements shall be made
150		-	timely at the end of each academic quarter or semester for all
151		-	tuition reimbursements, and shall be made on the basis of
152		-	certified invoices submitted by such the institution or school
153		-	to the Alabama Commission on Higher Education, and shall be
	135	+	annual appropriations shall not exceed $10,000,000 ten million
	136	+	dollars ($10,000,000) , the Alabama Commission on Higher
	137	+	Education is hereby authorized to may pay or reimburse the
	138	+	qualifying tuition for any active member of the Alabama
	139	+	National Guard who is a student dually or concurrently
	140	+	enrolled in high school and college or is enrolled in a
	141	+	program leading to thea short certificate or long certificate,
	142	+	or associate, baccalaureate, masters, or doctorate degree in
	143	+	an accredited institution of higher learning, community or
	144	+	technical college within the State of Alabama. SuchThe
	145	+	payments or reimbursements shall be made timely at the end of
	146	+	each academic quarter or semester for all tuition
	147	+	reimbursements, and shall be made on the basis of certified
	148	+	invoices submitted by suchthe institution or school to the
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183		-	supported by names of the students receiving such the
184		-	benefits, together with the amounts claimed for each student.
185		-	To be eligible for such benefits, the individual, at the time
186		-	of his or her enrollment must be an active member of the
187		-	Alabama National Guard in good standing and an active member
188		-	of a federally recognized unit of the Alabama National Guard.
189		-	The member must be at least 17 years of age and must be a
190		-	resident of the State of Alabama. The tuition reimbursement
191		-	authorized under this article may be used for undergraduate or
192		-	graduate studies. In no event will any individual be eligible
193		-	to receive more than 100 percent of qualified tuition when
	178	+	Alabama Commission on Higher Education, and shall be supported
	179	+	by names of the students receiving such benefits, together
	180	+	with the amounts claimed for each student. To be eligible for
	181	+	such benefits, the individual, at the time of his or her
	182	+	enrollment must be an active member of the Alabama National
	183	+	Guard in good standing and an active member of a federally
	184	+	recognized unit of the Alabama National Guard. The member must
	185	+	be at least 17 years of age and must be a resident of the
	186	+	State of Alabama. The tuition reimbursement authorized under
	187	+	this article may be used for undergraduate or graduate
	188	+	studies. In no event will any individual be eligible to
	189	+	receive more than 100 percent of qualified tuition when
194	190		combined with similar federal veterans' educational benefits
195	191		available to members of the National Guard. All applicants for
196	192		tuition reimbursement shall complete a Free Application for
197		-	Student Financial Aid (FAFSA). In no event shall payments of
198		-	the tuition reimbursement under the Alabama National Guard
199		-	Educational Assistance Program amount to more than 100 percent
200		-	of qualified tuition and fees. An undergraduate student that
201		-	qualifies for the Academic Excellence Benefit shall receive an
202		-	amount equivalent to 100 percent of qualified tuition and
203		-	fees. Undergraduate students with this benefit may use these
204		-	funds for tuition and fee reimbursement or ancillary costs. No
205		-	person guard member shall be eligible for tuition
206		-	reimbursement or academic excellence benefits for more than 12
207		-	years after the date of the first tuition payment to him or
208		-	her under this article. For degrees above the baccalaureate,
209		-	only 10 percent of the total funds of the benefit program are
210		-	to be utilized. The Alabama Commission on Higher Education
	193	+	Student Financial Aid (FAFSA). In no event shall payments under
	194	+	the Alabama National Guard Educational Assistance Program
	195	+	amount to more than 100 percent of qualified tuition and fees.
	196	+	No personindividual shall be eligible for tuition
	197	+	reimbursement for more than 12 years after the date of the
	198	+	first tuition payment to him or her under this article. For
	199	+	degrees above the baccalaureate, only 10 percent of the total
	200	+	funds of the benefit program are to be utilized. The Alabama
	201	+	Commission on Higher Education shall set up minimum standards
	202	+	for performance that must be met in order to maintain
	203	+	eligibility for the continuation of the receipt of tuition
	204	+	reimbursements under this article that will ensure a member
	205	+	will maintain at least a 2.0 cumulative grade point average.
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240		-	shall set up minimum standards for performance that must be
241		-	met in order to maintain eligibility for the continuation of
242		-	the receipt of tuition reimbursements under this article that
243		-	will ensure a member will maintain at least a 2.0 cumulative
244		-	grade point average. In the event that requests for tuition
245		-	reimbursements provided for in this chapter article from the
246		-	institutions for educational benefits in any fiscal year
247		-	exceed the appropriated amount, then the reimbursements will
248		-	shall be prorated equally among the institutions on a
249		-	percentage basis of the total invoices received by ACHE the
250		-	Alabama Commission on Higher Education and paid accordingly.
251		-	Such The reimbursement shall be made promptly at the end of
252		-	each academic quarter or semester for all certified invoices."
	235	+	In the event that requests for tuition reimbursements provided
	236	+	for in this chapterarticle from the institutions for
	237	+	educational benefits in any fiscal year exceed the
	238	+	appropriated amount, then the reimbursements willshall be
	239	+	prorated equally among the institutions on a percentage basis
	240	+	of the total invoices received by ACHEthe Alabama Commission
	241	+	on Higher Education and paid accordingly. SuchThe
	242	+	reimbursement shall be made promptly at the end of each
	243	+	academic quarter or semester for all certified invoices."
253	244		"§31-10-4.1
254	245		(a) Beginning October 1, 2016, any member of the
255	246		Alabama National Guard enrolled in a program leading to a
256		-	qualifying academic pathway, such as a certificate, or an
257		-	associate or bachelor's degree at an accredited public
258		-	institution of higher education, technical college, or
259		-	community college within the State of Alabama may apply for a
260		-	tuition reimbursement benefit as provided for in this section
261		-	if the applicant under this chapter article meets the
262		-	following requirements:
	247	+	certificate, or an associate or bachelor's degree at an
	248	+	accredited public institution of higher education, technical
	249	+	college, or community college within the State of Alabama may
	250	+	apply for a tuition reimbursement benefit as provided for in
	251	+	this section if the applicant under this chapterarticle meets
	252	+	the following requirements:
263	253		(1) The individual is 17 years of age or over.
264	254		(2) The individual is a member of the Alabama National
265	255		Guard in good standing throughout the period or semester for
266	256		which that individual receives education educational benefits
267	257		as indicated by continued satisfactory participation in the
	258	+	Alabama National Guard as required by all applicable laws and
	259	+	regulations of the Department of the Army, the Department of
	260	+	the Air Force, and the Alabama National Guard, and there is no
	261	+	unfavorable administrative action pending against him or her.
	262	+	(3) The individual completes a free Application for
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297		-	Alabama National Guard as required by all applicable laws and
298		-	regulations of the Department of the Army, the Department of
299		-	the Air Force, and the Alabama National Guard, and there is no
300		-	unfavorable administrative action pending against him or her.
301		-	(3) The individual completes a Free Application for
302		-	Federal Student Aid (FAFSA), except for high school students
303		-	dually or concurrently enrolled in high school and an
304		-	institution of higher education.
305		-	(4) The individual is enrolled in a credit-bearing
306		-	course or courses of a qualifying academic pathway at a
307		-	regionally accredited institution of higher education.
	292	+	Student Financial Aid, except for students dually or
	293	+	concurrently enrolled in high school and college.
308	294		(b) Any member of the Alabama National Guard receiving
309	295		educational benefits under this section and the educational
310	296		institutions they attend mustshall comply with the standards
311	297		of Satisfactory Academic Progress (SAP) as required for Title
312	298		IV benefits under the Higher Education Act and as defined by
313	299		that education educational institution provided the member
314	300		mustshall maintain at least a cumulative 2.0 grade point
315	301		average, or the letter equivalent. Those students who would no
316	302		longer be eligible to receive Title IV benefits due to a
317	303		failure to meet SAP standards shall no longer be eligible to
318	304		receive benefits under this section.
319	305		(c) To the extent permitted by law, prior to applying
320	306		any benefits provided for under this section, institutional
321	307		certifying officials and financial aid officials shall first
322	308		apply other federal, state, institutional, and third party
323	309		scholarships and grants awarded to the member for that
324	310		academic period for payment of required educational expenses
	311	+	during an academic period, but only for classes or courses
	312	+	that count towards the individual's degree or certificate plan
	313	+	as designed and approved by the college or institution
	314	+	attended for the individual's declared program of study the
	315	+	benefits provided for under this section shall be applied in a
	316	+	manner to maximize all of the member's educational benefits .
	317	+	(d) No public institution of higher education in this
	318	+	state shall impose a nonresident tuition rate or differential
	319	+	out-of-state resident fee on an Alabama National Guard member
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354		-	during an academic period, but only for classes or courses
355		-	that count towards the individual's degree or certificate plan
356		-	as designed and approved by the college or institution
357		-	attended for the individual's declared program of study the
358		-	benefits provided for under this section shall be applied in a
359		-	last-dollar manner to maximize all of the guard member's
360		-	educational benefits .
361		-	(d) No public institution of higher education in this
362		-	state shall impose a nonresident tuition rate or differential
363		-	out-of-state resident fee on an Alabama National Guard member
364	349		in good standing and who meets the requirements of subsection
365	350		(a).
366	351		(e) All requirements under subsections (a) and (b)
367	352		shall be met as a condition of obtaining any education
368	353		assistance benefits under this chapterarticle and continued
369	354		eligibility for this exemption.
370	355		(f) The Alabama Commission on Higher Education shall be
371	356		responsible for administering the overall policies, guidance,
372	357		implementation, and proper utilization of the scholarship
373	358		under this section.
374		-	(g) The tuition scholarship under this chapter shall be
375		-	claimed for no more than a total of 120 academic hours or
376		-	until the receipt of the first degree for which the
377		-	scholarship is used, whichever comes first. For the purposes
378		-	of this article, the first undergraduate degree obtained is a
379		-	baccalaureate degree. Short certificates, long certificates,
380		-	and associate degrees of qualifying academic pathways may be
381		-	used to obtain a baccalaureate degree. The tuition
	359	+	(g) The tuition scholarship under this chapterarticle
	360	+	shall be claimed for no more than a total of 120 academic
	361	+	hours or until the receipt of the first degree for which the
	362	+	scholarship is used, whichever comes first. The tuition
	363	+	benefits provided by this article shall only pay for the first
	364	+	degree obtained after approval for benefits under this
	365	+	article. For the purposes of this article, short certificates,
	366	+	long certificates, and associate degrees are considered
	367	+	stackable undergraduate credentials which may be used to
	368	+	obtain a baccalaureate degree; with the first degree obtained
	369	+	while enrolled in a short certificate or long certificate
	370	+	program being considered a baccalaureate degree.
	371	+	(h) Any member of the Alabama National Guard who fails
	372	+	to remain in good standing or is terminated from further
	373	+	service in the Alabama National Guard shall no longer be
	374	+	eligible for exemption benefits under this section and any
	375	+	benefits received by the member for the period, semester, or
	376	+	term in which he or she becomes ineligible shall be repaid by
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411		-	reimbursement and academic excellence benefits provided by
412		-	this article shall only pay for the first baccalaureate
413		-	degree. The tuition reimbursement and academic excellence
414		-	benefits for undergraduate students under this article shall
415		-	be claimed for no more than a total of 120 academic hours or
416		-	until receipt of the first bachelor's degree for which the
417		-	scholarship is used, whichever comes first. The total of 120
418		-	academic hours includes no more than a total of 72 academic
419		-	hours earned at a community college.
420		-	(h) A guard member who has already obtained a
421		-	baccalaureate degree is not eligible to receive tuition
422		-	reimbursement or academic excellence benefits for coursework
423		-	leading to a second degree at the same level.
424		-	(i) If the benefits were not used by a guard member for
425		-	a baccalaureate degree, the tuition reimbursement and academic
426		-	excellence benefits for graduate students under this article
427		-	shall be claimed for no more than a total of 60 academic hours
428		-	or until the receipt of the first graduate degree.
429		-	(j) A guard member who has already obtained a graduate
430		-	degree is not eligible to receive tuition reimbursement for
431		-	coursework leading to a second degree at the same level.
432		-	(h)(k) Any member of the Alabama National Guard who
433		-	fails to remain in good standing or is terminated from further
434		-	service in the Alabama National Guard shall no longer be
435		-	eligible for exemption benefits under this section and any
436		-	benefits received by the member for the period, semester, or
437		-	term, such as quarter or semester, in which he or she becomes
438		-	ineligible shall be repaid by the member to the exempting
	406	+	the member to the exempting institution.
	407	+	(i) Any member who is expelled or dismissed by an
	408	+	institution of higher learning that provides scholarship
	409	+	benefits under this section to that member shall no longer be
	410	+	eligible for scholarship benefits under this section and shall
	411	+	repay all benefits received under this section to the
	412	+	institution.
	413	+	(j) Any member who is disqualified from serving in the
	414	+	Alabama National Guard due solely to medical reasons , with a
	415	+	Veterans Administration disability rating of 40 percent or
	416	+	greater, shall be exempt from repaying any benefits received
	417	+	under this section.
	418	+	(k) Any participating member of the Alabama National
	419	+	Guard Educational Assistance Program shall sign a promissory
	420	+	note or similar document with provisions for the collection
	421	+	and repayment of benefits in the event that the member is
	422	+	disqualified or otherwise becomes ineligible to continue to
	423	+	receive benefits pursuant to the section. "
	424	+	Section 2. Specifically Article 2, commencing with
	425	+	Section 31-10-20, of Chapter 10 of Title 31 of the Code of
	426	+	Alabama 1975, relating to supplemental educational assistance
	427	+	benefits for qualified active members of the National Guard,
	428	+	is repealed.
	429	+	Section 3. This act shall become effective on the last
	430	+	day of the month of its passage and approval by the Governor,
	431	+	or its otherwise becoming law.
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468		-	institution. Any exceeding funds of tuition reimbursement and
469		-	academic excellence benefits repaid to the institution shall
470		-	be reimbursed to the program.
471		-	(i)(l) Any member who is expelled or dismissed by an
472		-	institution of higher learning that provides scholarship
473		-	benefits under this section to that member shall no longer be
474		-	eligible for scholarship benefits under this section and shall
475		-	repay all benefits received under this section to the
476		-	institution. Any exceeding funds of tuition reimbursement and
477		-	academic excellence benefits repaid to the institution shall
478		-	be reimbursed to the program.
479		-	(j)(m) Any member who is disqualified from serving in
480		-	the Alabama National Guard due solely to medical reasons , with
481		-	a Veterans Administration disability rating of 40 percent or
482		-	greater, shall be exempt from repaying any benefits received
483		-	under this section.
484		-	(n) Any participating member of the Alabama National
485		-	Guard Educational Assistance Program shall sign a promissory
486		-	note or similar document with provisions for the collection
487		-	and repayment of benefits in the event that the member is
488		-	disqualified or otherwise becomes ineligible to continue to
489		-	receive benefits pursuant to the section. "
490		-	Section 2. Specifically Article 2, commencing with
491		-	Section 31-10-20, of Chapter 10, Title 31 of the Code of
492		-	Alabama 1975, relating to supplemental educational assistance
493		-	benefits for qualified active members of the National Guard,
494		-	is repealed.
495		-	Section 3. This act shall become effective on the last
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524		-	Page 10
525		-	day of the month of its passage and approval by the Governor,
526		-	or its otherwise becoming law.
527		-	253
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529		-	Page 11
530		-	________________________________________________
531		-	President and Presiding Officer of the Senate
532		-	________________________________________________
533		-	Speaker of the House of Representatives
534		-	SB67
535		-	Senate 25-Apr-23
536		-	I hereby certify that the within Act originated in and passed
537		-	the Senate.
538		-	Patrick Harris,
539		-	Secretary.
540		-	House of Representatives
541		-	Amended and passed: 25-May-23
542		-	Senate concurred in House amendment 31-May-23
543		-	By: Senator Chambliss
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