5 | 5 | | By Representatives Sorrells, Kiel, Marques, Paramore, Smith, |
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6 | 6 | | Lipscomb, Hurst, Clouse, Brown, Rehm, Whitt, Easterbrook, |
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7 | 7 | | Fincher, Bolton, Blackshear, Lee, Oliver, Hammett, Brinyark, |
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8 | 8 | | Stringer, Lamb, Colvin, Kirkland, Hulsey, Standridge, Reynolds |
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9 | 9 | | RFD: Agriculture and Forestry |
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10 | 10 | | First Read: 03-Apr-25 |
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11 | 11 | | 1 |
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12 | 12 | | 2 |
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13 | 13 | | 3 |
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14 | 14 | | 4 |
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15 | 15 | | 5 |
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16 | 16 | | 6 |
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17 | 17 | | 7 |
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18 | 18 | | 8 |
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| 22 | + | SYNOPSIS: |
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| 23 | + | Under existing law, the Commissioner of |
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| 24 | + | Conservation and Natural Resources is authorized to |
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| 25 | + | issue a game breeder license to certain persons to |
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| 26 | + | engage in the business of raising protected game |
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| 27 | + | animals and game birds, including certain cervids. |
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| 28 | + | This bill would prohibit state agencies from |
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| 29 | + | killing, testing, and prohibiting the transfer of these |
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| 30 | + | deer due to disease except under certain circumstances. |
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| 31 | + | This bill would establish that deer possessed by |
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| 32 | + | a licensee are the personal property of that licensee. |
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| 33 | + | This bill would also make nonsubstantive, |
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| 34 | + | technical revisions to update the existing code |
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| 35 | + | language to current style. |
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30 | | - | licensee; and to make nonsubstantive, technical revisions to |
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31 | | - | update the existing code language to current style. |
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32 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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33 | | - | Section 1. Section 9-11-30, Code of Alabama 1975, is |
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34 | | - | amended to read as follows: |
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35 | | - | "§9-11-30 |
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36 | | - | (a) For the purposes of this section, Section 9-11-31, |
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37 | | - | and Section 9-11-31.1, the term "protected game animals and |
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38 | | - | game birds" means any following terms have the following |
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39 | | - | meanings: |
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40 | | - | (1) CERVID. Any member of the family Cervidae possessed |
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41 | | - | by or under the care of a licensed game breeder pursuant to |
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42 | | - | this section, Section 9-11-31, and Section 9-11-31.1. |
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43 | | - | (2) PROTECTED GAME ANIMALS AND GAME BIRDS. Any species |
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44 | | - | of bird or animal designated by the Commissioner of |
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| 73 | + | possessed by a licensee are the personal property of that |
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| 74 | + | licensee; and to make nonsubstantive, technical revisions to |
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| 75 | + | update the existing code language to current style. |
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| 76 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 77 | + | Section 1. Section 9-11-30, Code of Alabama 1975, is |
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| 78 | + | amended to read as follows: |
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| 79 | + | "§9-11-30 |
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| 80 | + | (a) For the purposes of this section, Section 9-11-31, |
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| 81 | + | and Section 9-11-31.1, the term "protected game animals and |
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| 82 | + | game birds" means any following terms have the following |
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| 83 | + | meanings: |
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| 84 | + | (1) CERVID. Any member of the family Cervidae possessed |
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| 85 | + | by or under the care of a licensed game breeder pursuant to |
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| 86 | + | this section, Section 9-11-31, and Section 9-11-31.1. |
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| 87 | + | (2) PROTECTED GAME ANIMALS AND GAME BIRDS. Any species |
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74 | 88 | | of bird or animal designated by the Commissioner of |
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75 | 89 | | Conservation and Natural Resources by regulation rule pursuant |
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76 | 90 | | to Section 9-2-7, species of the family Cervidae documented by |
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77 | 91 | | the department to exist in the wild in this state prior to May |
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78 | 92 | | 1, 2006, which are whitetail deer, elk, and fallow deer, or |
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79 | 93 | | species of nonindigenous animals lawfully brought into this |
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80 | 94 | | state prior to May 1, 2006, and their offspring. |
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81 | 95 | | (b)(1) Pursuant to the requirements and restrictions of |
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82 | 96 | | subdivisions (2) and (3), the Commissioner of Conservation and |
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83 | 97 | | Natural Resources shall issue an annual game breeder's breeder |
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84 | 98 | | license to any properly accredited person , firm, corporation, |
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85 | 99 | | or association authorizing a game breeder to engage in the |
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86 | 100 | | business of raising protected game birds, game animals, or |
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87 | 101 | | fur-bearing animals, for propagating propagation purposes in |
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88 | | - | this state. |
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89 | | - | (2) Before a license is issued, the Commissioner of |
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90 | | - | Conservation and Natural Resources shall make or cause to be |
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91 | | - | made a thorough investigation and to determine the |
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92 | | - | qualifications, responsibility, and equipment of the applicant |
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93 | | - | for entering upon the business of breeding, raising, and |
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94 | | - | handling of game birds and game or fur-bearing animals. |
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95 | | - | (3) No license shall be issued or renewed for any |
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96 | | - | person, firm, corporation, or association or any principal |
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97 | | - | officer or partner in a firm, corporation, or association |
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98 | | - | which thereof that is convicted of violating subsection (c) of |
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99 | | - | Section 9-2-13(c) after May 1, 2006, or for the premises of |
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100 | | - | any person, firm, corporation, or association whose license |
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101 | | - | privileges are revoked after May 1, 2006. |
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102 | | - | (4) A game breeder's breeder license shall expire on |
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| 131 | + | fur-bearing animals, for propagating propagation purposes in |
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| 132 | + | this state. |
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| 133 | + | (2) Before a license is issued, the Commissioner of |
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| 134 | + | Conservation and Natural Resources shall make or cause to be |
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| 135 | + | made a thorough investigation and to determine the |
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| 136 | + | qualifications, responsibility, and equipment of the applicant |
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| 137 | + | for entering upon the business of breeding, raising, and |
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| 138 | + | handling of game birds and game or fur-bearing animals. |
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| 139 | + | (3) No license shall be issued or renewed for any |
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| 140 | + | person, firm, corporation, or association or any principal |
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| 141 | + | officer or partner in a firm, corporation, or association |
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| 142 | + | which thereof that is convicted of violating subsection (c) of |
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| 143 | + | Section 9-2-13(c) after May 1, 2006, or for the premises of |
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| 144 | + | any person, firm, corporation, or association whose license |
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| 145 | + | privileges are revoked after May 1, 2006. |
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132 | 146 | | (4) A game breeder's breeder license shall expire on |
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133 | 147 | | September 30 of the year in which issued, unless renewed, |
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134 | 148 | | except that any license issued pursuant to this section |
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135 | 149 | | between May 1, 2006, and September 30, 2006, shall expire on |
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136 | 150 | | September 30, 2006. |
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137 | 151 | | (5) The commissioner shall promulgate adopt rules for |
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138 | 152 | | engaging in the business of breeding, raising, producing, and |
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139 | 153 | | handling of protected game birds and game animals or |
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140 | 154 | | fur-bearing animals or their eggs, embryos, or semen. |
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141 | 155 | | (c)(1) The fees for issuance of licenses pursuant to |
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142 | 156 | | this section shall be two hundred fifty dollars ($250) for all |
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143 | 157 | | species, except members of the family Cervidae. |
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144 | 158 | | (2) The license fee for breeding members of the family |
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145 | 159 | | Cervidae shall be two hundred fifty dollars ($250) for the |
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146 | | - | first 50 animals, five hundred dollars ($500) for 51 to 100 |
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147 | | - | animals, and one thousand dollars ($1,000) for any number of |
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148 | | - | animals in excess of more than 100 animals. |
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149 | | - | (3) License fees under this section shall be based on |
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150 | | - | the number of animals on hand as of the immediately preceding |
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151 | | - | April 1 of each year. |
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152 | | - | (d) The department and any other agency of this state |
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153 | | - | may not do any of the following unless: (i) the specific |
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154 | | - | disease has been detected in another cervid possessed by or |
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155 | | - | under the care of the licensee; or (ii) the cervid has been |
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156 | | - | transferred to the licensee from another licensee and is |
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157 | | - | epidemiologically linked to a diseased cervid possessed by or |
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158 | | - | under the care of the transferring licensee: |
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159 | | - | (1) Require the killing of a cervid due to a disease. |
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160 | | - | (2) Require the antemortem disease testing of a cervid. |
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| 189 | + | Cervidae shall be two hundred fifty dollars ($250) for the |
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| 190 | + | first 50 animals, five hundred dollars ($500) for 51 to 100 |
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| 191 | + | animals, and one thousand dollars ($1,000) for any number of |
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| 192 | + | animals in excess of more than 100 animals. |
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| 193 | + | (3) License fees under this section shall be based on |
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| 194 | + | the number of animals on hand as of the immediately preceding |
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| 195 | + | April 1 of each year. |
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| 196 | + | (d) The department and any other agency of this state |
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| 197 | + | may not do any of the following unless: (i) the specific |
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| 198 | + | disease has been detected in another cervid possessed by or |
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| 199 | + | under the care of the licensee; or (ii) the cervid has been |
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| 200 | + | transferred to the licensee from another licensee and is |
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| 201 | + | epidemiologically linked to a diseased cervid possessed by or |
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| 202 | + | under the care of the transferring licensee: |
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| 203 | + | (1) Require the killing of a cervid due to a disease. |
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192 | | - | the premises of a licensee to another person due to a disease |
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193 | | - | if any of the following are satisfied: |
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194 | | - | a. The cervid has tested negative for the disease |
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195 | | - | pursuant to an antemortem test approved by the State |
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196 | | - | Veterinarian prior to transferring. |
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197 | | - | b. The cervid has a genomically estimated breeding |
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198 | | - | value that meets or surpasses the minimum value established by |
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199 | | - | the State Veterinarian, which shall include the SS allele |
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200 | | - | being at codon 96. |
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201 | | - | c. The premises from which the cervid is transferred is |
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202 | | - | double fenced. |
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| 206 | + | the premises of a licensee to another person due to disease. |
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224 | | - | 101 HB509 Engrossed |
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225 | | - | Page 5 |
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226 | | - | Section 2. This act shall become effective immediately. |
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227 | | - | House of Representatives |
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228 | | - | Read for the first time and referred |
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229 | | - | to the House of Representatives |
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230 | | - | committee on Agriculture and |
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231 | | - | Forestry |
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232 | | - | ................03-Apr-25 |
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233 | | - | Read for the second time and placed |
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234 | | - | on the calendar: |
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235 | | - | 0 amendments |
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236 | | - | ................09-Apr-25 |
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237 | | - | Read for the third time and passed |
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238 | | - | as amended |
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239 | | - | Yeas 84 |
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240 | | - | Nays 8 |
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241 | | - | Abstains 9 |
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242 | | - | ................15-Apr-25 |
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243 | | - | John Treadwell |
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244 | | - | Clerk |
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| 228 | + | 101 |
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