6 | | - | ONCERNING THE SCOPE OF MUNICIPAL AUTHORITY OVER LAND THAT A |
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7 | | - | MUNICIPALITY ACQUIRES THAT IS OUTSIDE ITS MUNICIPAL LIMITS |
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8 | | - | . |
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9 | | - | |
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10 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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11 | | - | SECTION 1. In Colorado Revised Statutes, 31-25-216, amend (1) |
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12 | | - | as follows: |
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13 | | - | 31-25-216. Cities control park grounds outside limits. (1) In all |
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14 | | - | cases where |
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15 | | - | IN WHICH any city, or INCLUDING any city or city and county |
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16 | | - | organized under a special charter or created under the state constitution, has |
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17 | | - | acquired lands outside its municipal limits for parks, |
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18 | | - | OPEN SPACE AND |
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19 | | - | NATURAL AREAS |
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20 | | - | , parkways, boulevards, or roads, said |
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21 | | - | UNLESS SUCH |
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22 | | - | ACQUIRED LAND IS WITHIN THE EXTERIOR BOUNDARIES OF AN |
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23 | | - | INDIAN |
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24 | | - | RESERVATION |
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25 | | - | , THE city or city and county has full police power and |
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26 | | - | jurisdiction and full municipal control and full power and authority in the |
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27 | | - | management, control, improvement, and maintenance of and over any such |
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28 | | - | lands so acquired It |
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29 | | - | WHETHER OR NOT THE LANDS ARE OPEN OR CLOSED TO |
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30 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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31 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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32 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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33 | | - | history, or the Session Laws. |
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34 | | - | ________ |
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35 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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36 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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37 | | - | the act. THE PUBLIC. SUCH A CITY OR CITY AND COUNTY has power and authority to |
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38 | | - | provide by ordinance for the regulation and control of its lands so acquired, |
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39 | | - | to prevent the commission of any acts which are or may be declared |
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40 | | - | unlawful pursuant to the provisions of this part 2, and to prosecute and |
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41 | | - | punish the violation of any ordinances in its municipal courts. Such city or |
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42 | | - | city and county also has like power and jurisdiction to prevent pollution of |
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43 | | - | the water in all reservoirs, streams, and pipes which may be included within |
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44 | | - | any such parks, parkways, boulevards, or roads and over the stream or |
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45 | | - | source from which such water is taken as far as ten miles above the point |
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46 | | - | from which it is diverted. Such |
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47 | | - | A city or city and county has like power and |
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48 | | - | jurisdiction to regulate and prevent the erection, construction, and |
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49 | | - | maintenance, within three hundred feet of any such park, |
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50 | | - | OPEN SPACE OR |
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51 | | - | NATURAL AREA |
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52 | | - | , parkway, boulevard, or road outside its municipal limits, |
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53 | | - | of any advertisement or of any billboard or other structure for |
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54 | | - | advertisements. Such |
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55 | | - | A city or city and county also has like power and |
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56 | | - | jurisdiction over the use of any public roads, boulevards, or parkways |
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57 | | - | within such parks |
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58 | | - | OR OPEN SPACE AND NATURAL AREAS and running over or |
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59 | | - | through or between such lands and any public roads, boulevards, or |
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60 | | - | parkways between any such park, |
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61 | | - | OPEN SPACE AND NATURAL AREAS , or |
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62 | | - | pleasure ground and its municipal boundaries and not included within the |
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63 | | - | municipal limits of any incorporated city or town. |
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64 | | - | SECTION 2. Safety clause. The general assembly finds, |
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65 | | - | determines, and declares that this act is necessary for the immediate |
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66 | | - | preservation of the public peace, health, or safety or for appropriations for |
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67 | | - | PAGE 2-HOUSE BILL 25-1029 the support and maintenance of the departments of the state and state |
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68 | | - | institutions. |
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69 | | - | ____________________________ ____________________________ |
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70 | | - | Julie McCluskie James Rashad Coleman, Sr. |
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71 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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72 | | - | OF REPRESENTATIVES THE SENATE |
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73 | | - | ____________________________ ____________________________ |
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74 | | - | Vanessa Reilly Esther van Mourik |
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75 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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76 | | - | OF REPRESENTATIVES THE SENATE |
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77 | | - | APPROVED________________________________________ |
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78 | | - | (Date and Time) |
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79 | | - | _________________________________________ |
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80 | | - | Jared S. Polis |
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81 | | - | GOVERNOR OF THE STATE OF COLORADO |
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82 | | - | PAGE 3-HOUSE BILL 25-1029 |
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| 13 | + | ONCERNING THE SCOPE OF MUNI CIPAL AUTHORITY OVER LAND THAT101 |
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| 14 | + | A MUNICIPALITY ACQUIRES THAT IS OUTSIDE ITS MUNICIPAL102 |
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| 15 | + | LIMITS.103 |
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| 16 | + | Bill Summary |
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| 17 | + | (Note: This summary applies to this bill as introduced and does |
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| 18 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 19 | + | passes third reading in the house of introduction, a bill summary that |
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| 20 | + | applies to the reengrossed version of this bill will be available at |
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| 21 | + | http://leg.colorado.gov |
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| 22 | + | .) |
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| 23 | + | Current law grants a municipality full police power and control |
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| 24 | + | (authority) over land that it acquires outside its municipal limits for use |
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| 25 | + | as parks, parkways, boulevards, or roads. The bill extends this authority |
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| 26 | + | to land that a municipality acquires for open space and natural areas and |
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| 27 | + | clarifies that it extends to all such acquired land whether or not it is open |
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| 28 | + | SENATE |
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| 29 | + | 3rd Reading Unamended |
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| 30 | + | March 7, 2025 |
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| 31 | + | SENATE |
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| 32 | + | Amended 2nd Reading |
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| 33 | + | March 6, 2025 |
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| 34 | + | HOUSE |
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| 35 | + | 3rd Reading Unamended |
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| 36 | + | January 27, 2025 |
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| 37 | + | HOUSE |
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| 38 | + | Amended 2nd Reading |
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| 39 | + | January 24, 2025 |
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| 40 | + | HOUSE SPONSORSHIP |
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| 41 | + | Boesenecker, Zokaie, Lindsay, Phillips, Woodrow |
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| 42 | + | SENATE SPONSORSHIP |
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| 43 | + | Kipp and Liston, Winter F. |
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| 44 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 45 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 46 | + | Dashes through the words or numbers indicate deletions from existing law. or closed to the public. |
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| 47 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 48 | + | 2 |
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| 49 | + | SECTION 1. In Colorado Revised Statutes, amend 31-25-216 as3 |
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| 50 | + | follows:4 |
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| 51 | + | 31-25-216. Cities control park grounds outside limits. (1) In5 |
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| 52 | + | all cases where IN WHICH any city, or INCLUDING any city or city and6 |
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| 53 | + | county organized under a special charter or created under the state7 |
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| 54 | + | constitution, has acquired lands outside its municipal limits for parks,8 |
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| 55 | + | OPEN SPACE AND NATURAL AREAS , parkways, boulevards, or roads, said |
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| 56 | + | 9 |
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| 57 | + | UNLESS SUCH ACQUIRED LAND IS WITHIN THE EXTERIOR BOUNDARIES OF10 |
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| 58 | + | AN INDIAN RESERVATION, THE city or city and county has full police11 |
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| 59 | + | power and jurisdiction and full municipal control and full power and12 |
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| 60 | + | authority in the management, control, improvement, and maintenance of13 |
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| 61 | + | and over any such lands so acquired It WHETHER OR NOT THE LANDS ARE14 |
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| 62 | + | OPEN OR CLOSED TO THE PUBLIC. SUCH A CITY OR CITY AND COUNTY has15 |
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| 63 | + | power and authority to provide by ordinance for the regulation and16 |
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| 64 | + | control of its lands so acquired, to prevent the commission of any acts17 |
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| 65 | + | which are or may be declared unlawful pursuant to the provisions of this18 |
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| 66 | + | part 2, and to prosecute and punish the violation of any ordinances in its19 |
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| 67 | + | municipal courts. Such city or city and county also has like power and20 |
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| 68 | + | jurisdiction to prevent pollution of the water in all reservoirs, streams, and21 |
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| 69 | + | pipes which may be included within any such parks, parkways,22 |
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| 70 | + | boulevards, or roads and over the stream or source from which such water23 |
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| 71 | + | is taken as far as ten miles above the point from which it is diverted. Such24 |
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| 72 | + | A city or city and county has like power and jurisdiction to regulate and25 |
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| 73 | + | 1029-2- prevent the erection, construction, and maintenance, within three hundred1 |
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| 74 | + | feet of any such park, |
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| 75 | + | OPEN SPACE OR NATURAL AREA , parkway,2 |
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| 76 | + | boulevard, or road outside its municipal limits, of any advertisement or3 |
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| 77 | + | of any billboard or other structure for advertisements. Such |
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| 78 | + | A city or city4 |
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| 79 | + | and county also has like power and jurisdiction over the use of any public5 |
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| 80 | + | roads, boulevards, or parkways within such parks |
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| 81 | + | OR OPEN SPACE AND6 |
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| 82 | + | NATURAL AREAS and running over or through or between such lands and7 |
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| 83 | + | any public roads, boulevards, or parkways between any such park, |
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| 84 | + | OPEN8 |
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| 85 | + | SPACE AND NATURAL AREAS , or pleasure ground and its municipal9 |
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| 86 | + | boundaries and not included within the municipal limits of any10 |
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| 87 | + | incorporated city or town.11 |
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| 88 | + | 12 |
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| 89 | + | SECTION 2. Safety clause. The general assembly finds,13 |
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| 90 | + | determines, and declares that this act is necessary for the immediate14 |
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| 91 | + | preservation of the public peace, health, or safety or for appropriations for15 |
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| 92 | + | the support and maintenance of the departments of the state and state16 |
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| 93 | + | institutions.17 |
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| 94 | + | 1029 |
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| 95 | + | -3- |
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