Alabama 2024 Regular Session

Alabama Senate Bill SB322 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	SB322ENGROSSED
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3	3		SB322
4		-	~~7F97EEV~~-2
	4	+	CM7HJWJ-2
5	5		By Senator Chambliss
6	6		RFD: County and Municipal Government
7	7		First Read: 11-Apr-24
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12		-	5 SB322 ~~Enrolled~~
	12	+	5 SB322 Engrossed
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14	14		First Read: 11-Apr-24
15		-	Enrolled, An Act,
	15	+	A BILL
	16	+	TO BE ENTITLED
	17	+	AN ACT
16	18		Relating to the Department of Corrections; to amend
17	19		Sections 14-1-1.5 and 14-1-4, Code of Alabama 1975, to rename
18	20		the position of Deputy Commissioner for Prisoner
19	21		Rehabilitation; to increase the number of deputy commissioners
20	22		that may be appointed; to add Section 14-1-1.7 to the Code of
21		-	Alabama 1975, to provide that the Commissioner of the
22		-	Department of Corrections may appoint exempt employees
23		-	necessary to carry out the operations of the department and
24		-	for constituent services; and to amend Section 29-2-20, Code
25		-	of Alabama 1975, to further provide for the responsibilities
26		-	of the Joint Prison Oversight Committee; and to require the
27		-	Department of Examiners of Public Accounts, in consultation
28		-	with the Joint Prison Oversight Committee, to employ an
29		-	individual to assist the committee in its operations.
	23	+	Alabama 1975, to require the Commissioner of the Department of
	24	+	Corrections to appoint exempt employees necessary to carry out
	25	+	the operations of the department and for constituent services,
	26	+	and to establish a sunset date; and to amend Section 29-2-20,
	27	+	Code of Alabama 1975, to further provide for the
	28	+	responsibilities of the Joint Prison Oversight Committee; to
	29	+	require the Department of Examiners of Public Accounts, in
	30	+	consultation with the Joint Prison Oversight Committee, to
	31	+	employ an individual to assist the committee in its
	32	+	operations; and to create the Families of the Incarcerated
	33	+	Advisory Board within the committee and provide for its
	34	+	membership and duties.
30	35		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
31	36		Section 1. Sections 14-1-1.5 and 14-1-4, Code of
32	37		Alabama 1975, are amended to read as follows:
33		-	"§14-1-1.5
34		-	(a) The commissioner may appoint no more than three
35		-	five deputy commissioners, who shall serve at his or her
36		-	pleasure, and the commissioner shall define their duties. The
37		-	deputy commissioners shall be individuals of good character,
38		-	with good business, educational, or administrative experience,
39		-	shall have no financial interest in any partnership,
40		-	corporation, or association with which the department has any
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	65	+	28 SB322 Engrossed
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	67	+	Alabama 1975, are amended to read as follows:
	68	+	"§14-1-1.5
	69	+	(a) The commissioner may appoint no more than three
	70	+	five deputy commissioners, who shall serve at his or her
	71	+	pleasure, and the commissioner shall define their duties. The
	72	+	deputy commissioners shall be individuals of good character,
	73	+	with good business, educational, or administrative experience,
	74	+	shall have no financial interest in any partnership,
70	75		corporation, or association with which the department has any
71	76		financial dealings, shall devote their full time to their
72	77		official position, and shall have no other lucrative position
73	78		while employed. Their salaries shall be set by the
74	79		commissioner, but shall not exceed the salary paid the
75	80		commissioner.
76	81		(b) One deputy commissioner shall be known as the
77	82		Deputy Commissioner for Prisoner Inmate Rehabilitation. The
78	83		Deputy Commissioner for Prisoner Inmate Rehabilitation shall
79	84		be responsible for the development, implementation, and
80	85		improvement of programs designed to reduce recidivism."
81	86		"§14-1-4
82	87		(a) The department may appoint officers and employees
83	88		as it may require for the performance of its duties and shall
84	89		fix and determine their qualifications, duties, and authority.
85	90		The employees of the department, except the Commissioner of
86	91		Corrections and commissioner, the deputy commissioners of
87	92		corrections, not to exceed three , appointed administrators,
88	93		and other exempt positions allowed by law shall be subject to
89	94		the law with respect to the method, selection, classification,
90	95		and compensation of state employees on a basis of merit.
91		-	(b) The Department of Corrections department shall not
92		-	rescind any employee position with the classification of
93		-	"correctional officer" and replace them with an employee of a
94		-	lower classification or pay.
95		-	(c) The rules and regulations of the State Personnel
96		-	Department shall not be applicable to the appointment, tenure,
97		-	or compensation of physicians, surgeons, psychiatrists,
98		-	psychologists, dentists, or allied professional supportive
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	123	+	56 SB322 Engrossed
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	125	+	and compensation of state employees on a basis of merit.
	126	+	(b) The Department of Corrections department shall not
	127	+	rescind any employee position with the classification of
	128	+	"correctional officer" and replace them with an employee of a
	129	+	lower classification or pay.
	130	+	(c) The rules and regulations of the State Personnel
	131	+	Department shall not be applicable to the appointment, tenure,
	132	+	or compensation of physicians, surgeons, psychiatrists,
128	133		psychologists, dentists, or allied professional supportive
129	134		personnel employed by the department.
130	135		(d) The deputy commissioners and all other appointed
131	136		personnel shall serve at the pleasure of the Commissioner of
132	137		the Department of Corrections commissioner."
133	138		Section 2. Section 14-1-1.7 is added to the Code of
134	139		Alabama 1975, to read as follows:
135	140		(a)(1) The Commissioner of the Department of
136		-	Corrections ~~may~~ appoint administrators to carry out the
	141	+	Corrections shall appoint 14 administrators to carry out the
137	142		operations and management of correctional facilities,
138	143		including facilities defined in Section 14-2-1, who: (i) shall
139	144		serve at his or her pleasure; (ii) shall be deemed exempt
140	145		employees under Section 36-26-10; and (iii) shall not be
141	146		required to be certified as either a corrections officer or a
142	147		law enforcement officer by the Alabama Peace Officers'
143	148		Standards and Training Commission.
144	149		(2) The commissioner, as the appointing authority,
145	150		shall establish the positions, set the qualification
146	151		requirements, define duties and personnel policies, and set
147	152		salaries not to exceed the salary of the commissioner.
148		-	(b)(1) By March 1, 2025, the commissioner may appoint
149		-	15 employees for constituent services, who: (i) shall serve at
150		-	his or her pleasure; (ii) shall be deemed exempt employees
151		-	under Section 36-26-10; and (iii) shall not be required to be
152		-	certified as either a corrections officer or a law enforcement
153		-	officer by the Alabama Peace Officers' Standards and Training
154		-	Commission.
155		-	(2) One employee shall oversee departmental constituent
156		-	services and shall serve as a liaison to the Joint Prison
	153	+	(b)(1) By March 1, 2025, the commissioner shall appoint
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184		-	84 SB322 ~~Enrolled~~
	181	+	84 SB322 Engrossed
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	183	+	(b)(1) By March 1, 2025, the commissioner shall appoint
	184	+	15 employees for constituent services, who: (i) shall serve at
	185	+	his or her pleasure; (ii) shall be deemed exempt employees
	186	+	under Section 36-26-10; and (iii) shall not be required to be
	187	+	certified as either a corrections officer or a law enforcement
	188	+	officer by the Alabama Peace Officers' Standards and Training
	189	+	Commission.
	190	+	(2) One employee shall oversee departmental constituent
186	191		services and shall serve as a liaison to the Joint Prison
187	192		Oversight Committee, created by Section 29-2-20, for the
188	193		purposes of studying and addressing services provided by the
189		-	department to constituents and the families of inmates and
190		-	victims.
	194	+	department to constituents and the families of inmates.
191	195		(3) The other 14 employees shall oversee constituent
192	196		services for all department facilities.
193	197		(4) The commissioner, as the appointing authority,
194	198		shall consider information from the Joint Prison Oversight
195		-	Committee, created pursuant to Section 29-2-20, in
196		-	establishing qualification requirements and duties of the
197		-	employees. The commissioner shall also set salaries not to
198		-	exceed the salary of the commissioner.
	199	+	Committee and the Families of the Incarcerated Advisory Board
	200	+	through the Joint Prison Oversight Committee, created pursuant
	201	+	to Section 29-2-20, in establishing qualification requirements
	202	+	and duties of the employees. The commissioner shall also set
	203	+	salaries not to exceed the salary of the commissioner.
199	204		(5) At a minimum, employees appointed in constituent
200	205		services shall:
201	206		a. Create a standardized form to be used by the
202	207		department for inquiries and complaints received by
203		-	constituents and families of incarcerated individuals ~~and~~
204		-	~~victims. The~~ form shall contain a central physical address and
205		-	~~email~~ address to be used for submittal of the form;
	208	+	constituents and families of incarcerated individuals. The
	209	+	form shall contain a central physical address and email
	210	+	address to be used for submittal of the form;
206	211		b. Provide the electronic form on the department's
207		-	website;
208		-	c. Review inquiries and complaints received by the
209		-	department via the electronic form. Every inquiry and
210		-	complaint form shall be assigned to a constituent services
211		-	employee and shall be provided to the Joint Prison Oversight
212		-	Committee's liaison; and
213		-	d. Respond to every inquiry and complaint form,
214		-	following the department's procedures, and provide the
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242		-	112 SB322 ~~Enrolled~~
	239	+	112 SB322 Engrossed
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	241	+	b. Provide the electronic form on the department's
	242	+	website;
	243	+	c. Review inquiries and complaints received by the
	244	+	department via the electronic form. Every inquiry and
	245	+	complaint form shall be assigned to a constituent services
	246	+	employee and shall be provided to the Joint Prison Oversight
	247	+	Committee's liaison; and
	248	+	d. Respond to every inquiry and complaint form,
244	249		following the department's procedures, and provide the
245	250		responses to the Joint Prison Oversight Committee's liaison.
	251	+	(c) This section shall be repealed on September 30,
	252	+	2028.
246	253		Section 3. Section 29-2-20, Code of Alabama 1975, is
247	254		amended to read as follows:
248	255		"§29-2-20
249	256		(a) A permanent legislative committee, to be known as
250	257		the Joint Legislative Prison Oversight Committee, which shall
251	258		be composed of eight members, two of whom shall be ex officio
252	259		members and six of whom shall be appointed members, three each
253	260		to be appointed by the President of the Senate and Speaker of
254	261		the House, who shall both serve as the ex officio members,
255	262		shall be formed to examine all aspects of the operations of
256	263		the Department of Corrections. The chair of the committee
257	264		shall be selected by and from among the membership.
258	265		(b) The committee shall examine Alabama's present and
259	266		long term prison long-term correctional needs and they . Upon
260	267		request of the chair, or by a majority vote of the members,
261	268		the committee shall file reports of their report its findings
262	269		and recommendations to the Legislature not later than the
263		-	fifteenth legislative day of each regular session .
264		-	(c) The committee shall study and address mental health
265		-	issues for prisoners inmates reentering the community after a
266		-	term of imprisonment in order to streamline the sharing of
267		-	critical mental health information and in order to address
268		-	barriers to accessing mental health treatment for
269		-	prisonersinmates. The Upon request of the chair, or by a
270		-	majority vote of the members, the committee shall report the
271		-	its findings to the Legislature not later than the fifteenth
272		-	legislative day of each regular session, and shall work in
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	297	+	140 SB322 Engrossed
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	299	+	and recommendations to the Legislature not later than the
	300	+	fifteenth legislative day of each regular session .
	301	+	(c) The committee shall study and address mental health
	302	+	issues for prisoners inmates reentering the community after a
	303	+	term of imprisonment in order to streamline the sharing of
	304	+	critical mental health information and in order to address
	305	+	barriers to accessing mental health treatment for
	306	+	prisonersinmates. The Upon request of the chair, or by a
	307	+	majority vote of the members, the committee shall report the
	308	+	its findings to the Legislature not later than the fifteenth
302	309		legislative day of each regular session, and shall work in
303	310		conjunction with all of the following in studying and
304	311		addressing the issues:
305	312		(1) Department of Corrections.
306	313		(2) Board of Pardons and Paroles.
307	314		(3) Department of Mental Health.
308	315		(4) Administrative Office of Courts.
309	316		(5) Office of Prosecution Services.
310	317		(6) Office of the Attorney General.
311	318		(7) Alabama State Law Enforcement Agency.
312	319		(8) Association of County Commissions of Alabama.
313	320		(9) Alabama Probate Judges Association.
314	321		(10) Alabama Sheriffs ' Association.
315	322		(11) Alabama Criminal Defense Lawyers Association.
316	323		(12) Alabama Circuit Judges' Association.
317	324		(13) Department of Public Health.
318	325		(14) Office of the Governor.
319	326		(15) Alabama District Attorneys Association.
320	327		(16) Alabama Drug Abuse Task Force.
321		-	(17) Alabama Department of Senior Services.
322		-	(17)(18) Any other advocacy groups as determined by the
323		-	committee.
324		-	(d) The committee shall study and address issues
325		-	related to felony restitution collection in order to improve
326		-	rates of collection for restitution obligations in felony
327		-	cases and establish best practices relating to a defendant's
328		-	ability to pay obligations owed. The Upon request of the
329		-	chair, or by a majority vote of the members, the committee
330		-	shall report the its findings to the Legislature not later
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	355	+	168 SB322 Engrossed
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	357	+	(16) Alabama Drug Abuse Task Force.
	358	+	(17) Alabama Department of Senior Services.
	359	+	(17)(18) Any other advocacy groups as determined by the
	360	+	committee.
	361	+	(d) The committee shall study and address issues
	362	+	related to felony restitution collection in order to improve
	363	+	rates of collection for restitution obligations in felony
	364	+	cases and establish best practices relating to a defendant's
	365	+	ability to pay obligations owed. The Upon request of the
	366	+	chair, or by a majority vote of the members, the committee
360	367		shall report the its findings to the Legislature not later
361	368		than the fifteenth legislative day of each regular session,
362	369		and shall work in conjunction with all of the following in
363	370		studying and addressing the issues:
364	371		(1) Department of Corrections.
365	372		(2) Board of Pardons and Paroles.
366	373		(3) Administrative Office of Courts.
367	374		(4) Office of Prosecution Services.
368	375		(5) Office of the Attorney General.
369	376		(6) Alabama State Law Enforcement Agency.
370	377		(7) Alabama Criminal Defense Lawyers Association.
371	378		(8) Alabama Circuit Judges' Association.
372	379		(9) Association of County Commissions of Alabama.
373	380		(10) Alabama Sheriffs ' Association.
374	381		(11) Alabama Crime Victims Compensation Commission.
375	382		(12) The Alabama Circuit Clerk's Association.
376	383		(13) Two crime victims' rights advocates designated by
377	384		the Attorney General.
378	385		(14) Two members from the Alabama District Attorneys
379		-	Association, of which one shall be from a largely populated
380		-	metropolitan judicial circuit and the other shall be from a
381		-	small, rurally populated judicial circuit.
382		-	(15) Any other advocacy groups as determined by the
383		-	committee.
384		-	(e) The committee shall study and address capacity
385		-	issues within the Department of Corrections to include, but
386		-	not be limited to, the issue of design capacity and
387		-	operational or functional capacity, as well as the
388		-	construction of new prison correctional facilities and the
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	413	+	196 SB322 Engrossed
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	415	+	(14) Two members from the Alabama District Attorneys
	416	+	Association, of which one shall be from a largely populated
	417	+	metropolitan judicial circuit and the other shall be from a
	418	+	small, rurally populated judicial circuit.
	419	+	(15) Any other advocacy groups as determined by the
	420	+	committee.
	421	+	(e) The committee shall study and address capacity
	422	+	issues within the Department of Corrections to include, but
	423	+	not be limited to, the issue of design capacity and
	424	+	operational or functional capacity, as well as the
418	425		construction of new prison correctional facilities and the
419	426		renovation of current correctional facilities as they relate
420	427		to prison overcrowding and public safety. The Upon request of
421	428		the chair, or by a majority vote of the members, the committee
422	429		shall report the its findings to the Legislature not later
423	430		than the fifteenth legislative day of each regular session,
424	431		and shall work in conjunction with the following in studying
425	432		and addressing the issues:
426	433		(1) Department of Corrections.
427	434		(2) Board of Pardons and Paroles.
428	435		(3) Department of Mental Health.
429	436		(4) Department of Public Health.
430	437		(5) Administrative Office of Courts.
431	438		(6) Office of Prosecution Services.
432	439		(7) Office of the Attorney General.
433	440		(8) Alabama State Law Enforcement Agency.
434	441		(9) Alabama Drug Abuse Task Force.
435	442		(10) Alabama Criminal Defense Lawyers Association.
436	443		(11) Alabama Circuit Judges' Association.
437		-	(12) Association of County Commissions of Alabama.
438		-	(13) Two members from the Alabama Sheriffs '
439		-	Association, of which one shall be from a largely populated
440		-	metropolitan judicial circuit and the other shall be from a
441		-	small, rurally populated judicial circuit.
442		-	(14) Two members from the Alabama District Attorneys
443		-	Association, of which one shall be from a largely populated
444		-	metropolitan judicial circuit and the other shall be from a
445		-	small, rurally populated judicial circuit.
446		-	(f) The committee shall study and address issues
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474		-	224 SB322 ~~Enrolled~~
	471	+	224 SB322 Engrossed
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	473	+	(11) Alabama Circuit Judges' Association.
	474	+	(12) Association of County Commissions of Alabama.
	475	+	(13) Two members from the Alabama Sheriffs '
	476	+	Association, of which one shall be from a largely populated
	477	+	metropolitan judicial circuit and the other shall be from a
	478	+	small, rurally populated judicial circuit.
	479	+	(14) Two members from the Alabama District Attorneys
	480	+	Association, of which one shall be from a largely populated
	481	+	metropolitan judicial circuit and the other shall be from a
	482	+	small, rurally populated judicial circuit.
476	483		(f) The committee shall study and address issues
477	484		related to services provided by the Department of Corrections
478	485		to constituents and the families of inmates. Upon request of
479	486		the chair, or by a majority vote of the members, the committee
480	487		may report its findings to the Legislature and may work in
481	488		conjunction with all of the following in studying and
482	489		addressing the issues:
483	490		(1) Department of Corrections.
484	491		(2) Board of Pardons and Paroles.
485	492		(3) Department of Mental Health.
486	493		(4) Alabama Criminal Defense Lawyers Association.
487	494		(g) By September 1, 2024, the Department of Examiners
488	495		of Public Accounts, in consultation with the committee, shall
489		-	employ an individual, who shall be an exempt employee under
490		-	Section 36-26-10, to assist in the operations of the
491		-	committee.
492		-	(f)(h) The studies and collaborating partners provided
493		-	for in this section shall reflect the racial, gender,
494		-	geographic, urban/ruralurban, rural, and economic diversity of
495		-	the state."
496		-	Section 4. This act shall become effective on June 1,
497		-	2024.
	496	+	employ an individual to assist in the operations of the
	497	+	committee, including, but not limited to, overseeing the
	498	+	Families of the Incarcerated Advisory Board, established
	499	+	pursuant to subsection (h), and serve as a liaison between the
	500	+	committee and the Department of Corrections.
	501	+	(h)(1) By September 1, 2024, the Families of the
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517	521		244
518		-	245 SB322 Enrolled
519		-	Page 10
520		-	2024.
521		-	________________________________________________
522		-	President and Presiding Officer of the Senate
523		-	________________________________________________
524		-	Speaker of the House of Representatives
525		-	SB322
526		-	Senate 23-Apr-24
527		-	I hereby certify that the within Act originated in and passed
528		-	the Senate, as amended.
529		-	Patrick Harris,
530		-	Secretary.
531		-	House of Representatives
532		-	Amended and passed: 02-May-24
533		-	Senate concurred in House amendment 02-May-24
534		-	By: Senator Chambliss
	522	+	245
535	523		246
536	524		247
537	525		248
538	526		249
539	527		250
540	528		251
541		-	252
	529	+	252 SB322 Engrossed
	530	+	Page 10
	531	+	(h)(1) By September 1, 2024, the Families of the
	532	+	Incarcerated Advisory Board shall be established within the
	533	+	committee.
	534	+	(2) The board shall consist of all of the following,
	535	+	who shall be appointed by the membership of the committee:
	536	+	a. Two individuals who are a spouse, child, parent,
	537	+	grandparent, or sibling of an individual who is, at the time
	538	+	of the appointment, incarcerated in the Department of
	539	+	Corrections.
	540	+	b. Two individuals who are a spouse, child, parent,
	541	+	grandparent, or sibling of a deceased individual who died
	542	+	while in the department's custody.
	543	+	c. An individual who was formerly incarcerated in the
	544	+	department.
	545	+	d. A physician who holds, or previously held, a license
	546	+	to practice medicine in this state, who is or was board
	547	+	certified in family medicine or internal medicine.
	548	+	e. A mental health or behavioral health professional
	549	+	who holds, or previously held, a license in mental health
	550	+	counseling, and who has a background of providing mental
	551	+	health services or counseling to incarcerated individuals.
	552	+	f. A representative of a nonprofit prison advocacy
	553	+	organization.
	554	+	g. A member of the clergy.
	555	+	(3) The board shall advise the committee on ways in
	556	+	which the department may improve communication with
	557	+	incarcerated individuals' emergency contacts. The members of
	558	+	the board may not advocate for a specific incarcerated
	559	+	individual in custody.
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566	584		277
567	585		278
568	586		279
569		-	280
	587	+	280 SB322 Engrossed
	588	+	Page 11
	589	+	individual in custody.
	590	+	(4)a. The members shall be appointed to four-year terms
	591	+	and may be reappointed one time.
	592	+	b. Vacancies on the board shall be filled in the same
	593	+	manner as initial appointments.
	594	+	(5) The first meeting of the board shall be held no
	595	+	later than October 1, 2024, at which time the board shall
	596	+	elect a chair and vice chair. The chair and vice chair shall
	597	+	be elected annually in October. The vice chair shall serve in
	598	+	the chair's absence. The board shall then meet quarterly to
	599	+	conduct business.
	600	+	(6) The members of the board shall serve without
	601	+	compensation.
	602	+	(7) The board shall submit a report of its findings,
	603	+	conclusions, and recommendations to the committee one month
	604	+	prior to each committee meeting.
	605	+	(f)(i) The studies and collaborating partners provided
	606	+	for in this section shall reflect the racial, gender,
	607	+	geographic, urban/ruralurban, rural, and economic diversity of
	608	+	the state."
	609	+	Section 4. This act shall become effective on June 1,
	610	+	2024.
570	611		281
571	612		282
572	613		283
	614	+	284
	615	+	285
	616	+	286
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	628	+	298
	629	+	299
	630	+	300
	631	+	301 SB322 Engrossed
	632	+	Page 12
	633	+	2024.
	634	+	Senate
	635	+	Read for the first time and referred
	636	+	to the Senate committee on County
	637	+	and Municipal Government
	638	+	................11-Apr-24
	639	+	Read for the second time and placed
	640	+	on the calendar:
	641	+	0 amendments
	642	+	................16-Apr-24
	643	+	Read for the third time and passed
	644	+	as amended
	645	+	Yeas 34
	646	+	Nays 0
	647	+	Abstains 0
	648	+	................23-Apr-24
	649	+	Patrick Harris,
	650	+	Secretary.
	651	+	302
	652	+	303
	653	+	304
	654	+	305
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	671	+	322