1 | 1 | | First Regular Session |
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2 | 2 | | Seventy-fifth General Assembly |
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3 | 3 | | STATE OF COLORADO |
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4 | 4 | | INTRODUCED |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | LLS NO. 25-0616.02 Nicole Myers x4326 |
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8 | 8 | | HOUSE BILL 25-1100 |
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9 | 9 | | House Committees Senate Committees |
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10 | 10 | | State, Civic, Military, & Veterans Affairs |
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11 | 11 | | A BILL FOR AN ACT |
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12 | 12 | | C |
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13 | 13 | | ONCERNING MODIFICATIONS TO THE REQUIREMENTS FOR FILLING101 |
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14 | 14 | | VACANCIES IN CERTAIN OFFICES .102 |
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15 | 15 | | Bill Summary |
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16 | 16 | | (Note: This summary applies to this bill as introduced and does |
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17 | 17 | | not reflect any amendments that may be subsequently adopted. If this bill |
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18 | 18 | | passes third reading in the house of introduction, a bill summary that |
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19 | 19 | | applies to the reengrossed version of this bill will be available at |
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20 | 20 | | http://leg.colorado.gov |
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21 | 21 | | .) |
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22 | 22 | | Current law requires the political party central committee of most |
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23 | 23 | | jurisdictions to select a vacancy committee to fill vacancies in the central |
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24 | 24 | | committee and in the district and state offices held by members of the |
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25 | 25 | | political party. Current law also requires a vacancy committee to consist |
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26 | 26 | | of, at a minimum, the members of the central committee of a jurisdiction. |
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27 | 27 | | The bill requires that a vacancy committee selected by a central |
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28 | 28 | | HOUSE SPONSORSHIP |
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29 | 29 | | Luck, |
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30 | 30 | | SENATE SPONSORSHIP |
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31 | 31 | | (None), |
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32 | 32 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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33 | 33 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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34 | 34 | | Dashes through the words or numbers indicate deletions from existing law. committee to fill a vacancy also consist of, at a minimum, the individuals |
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35 | 35 | | elected as delegates to the applicable jurisdiction's district assembly. The |
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36 | 36 | | bill modifies the vacancy committee statutes for the office of county |
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37 | 37 | | commissioner and members of the state school board in accordance with |
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38 | 38 | | this change. |
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39 | 39 | | Currently, if the vacancy committee for a vacancy in the office of |
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40 | 40 | | county commissioner fails to fill the vacancy within 10 days, the governor |
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41 | 41 | | is required to fill the vacancy by appointment within 15 days after the |
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42 | 42 | | vacancy occurs. The bill extends these timing requirements to 30 days and |
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43 | 43 | | 35 days respectively. |
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44 | 44 | | Currently, a vacancy committee to fill a vacancy in the general |
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45 | 45 | | assembly may not meet to select a person to fill a vacancy unless a written |
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46 | 46 | | notice of the time and location of the meeting was mailed to each of the |
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47 | 47 | | committee members at least 10 days prior to the meeting. The bill |
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48 | 48 | | modifies the notice requirement by requiring the notice to be mailed at |
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49 | 49 | | least 6 days prior to the meeting. |
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50 | 50 | | Be it enacted by the General Assembly of the State of Colorado:1 |
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51 | 51 | | SECTION 1. In Colorado Revised Statutes, 1-3-103, amend (12)2 |
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52 | 52 | | and (13) as follows:3 |
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53 | 53 | | 1-3-103. Party committees. (12) If a central committee of a4 |
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54 | 54 | | jurisdiction fails to select a vacancy committee, the |
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55 | 55 | | VACANCY COMMITTEE5 |
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56 | 56 | | IS COMPRISED OF THE central committee of the jurisdiction serves as the |
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57 | 57 | | 6 |
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58 | 58 | | vacancy committee AND THE INDIVIDUALS ELECTED AS DELEGATES TO THE7 |
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59 | 59 | | APPLICABLE DISTRICT ASSEMBLY PURSUANT TO SECTION 1-4-602 AT THE8 |
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60 | 60 | | MOST RECENT DISTRICT ASSEMBLY .9 |
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61 | 61 | | (13) In selecting the members of a vacancy committee authorized10 |
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62 | 62 | | to fill vacancies in office pursuant to this section, the central committee11 |
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63 | 63 | | of a jurisdiction shall select, at a minimum, the members of the12 |
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64 | 64 | | jurisdiction's central committee |
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65 | 65 | | AND THE DELEGATES ELECTED TO THE13 |
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66 | 66 | | APPLICABLE DISTRICT ASSEMBLY PURSUANT TO SECTION 1-4-602 AT THE14 |
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67 | 67 | | MOST RECENT DISTRICT ASSEMBLY .15 |
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68 | 68 | | SECTION 2. In Colorado Revised Statutes, 1-12-203, amend (2)16 |
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69 | 69 | | HB25-1100-2- as follows:1 |
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70 | 70 | | 1-12-203. Vacancies in general assembly. (2) No vacancy2 |
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71 | 71 | | committee may select a person to fill a vacancy at a meeting held pursuant3 |
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72 | 72 | | to this section unless a written notice announcing the time and location of4 |
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73 | 73 | | the vacancy committee meeting was mailed to each of the committee5 |
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74 | 74 | | members at least ten SIX days prior to the meeting by the chairperson of6 |
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75 | 75 | | the central committee that selected the members. Mailing of the notice is7 |
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76 | 76 | | effective when the notice is properly addressed and deposited in the8 |
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77 | 77 | | United States mail, with first-class postage prepaid.9 |
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78 | 78 | | SECTION 3. In Colorado Revised Statutes, 1-12-206, amend (1),10 |
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79 | 79 | | (2), and (3) as follows:11 |
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80 | 80 | | 1-12-206. Vacancies in the office of county commissioner.12 |
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81 | 81 | | (1) In case of a vacancy occurring in the office of county commissioner,13 |
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82 | 82 | | a vacancy committee constituted as provided in this section shall, by a14 |
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83 | 83 | | majority vote of its members present at a meeting called for the purpose,15 |
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84 | 84 | | fill the vacancy by appointment within ten days after the occurrence of the16 |
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85 | 85 | | vacancy. The meeting shall not be held unless a quorum is present17 |
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86 | 86 | | consisting of not less than one-half of the voting members of the vacancy18 |
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87 | 87 | | committee. A member of the vacancy committee may not vote by proxy.19 |
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88 | 88 | | If the vacancy committee fails to fill the vacancy within ten THIRTY days,20 |
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89 | 89 | | the governor shall fill the vacancy by appointment within fifteen21 |
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90 | 90 | | THIRTY-FIVE days after the occurrence of the vacancy.22 |
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91 | 91 | | (2) If the vacating commissioner was elected by the electors of the23 |
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92 | 92 | | whole county, whether at large or from a district, the successor shall be24 |
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93 | 93 | | appointed by a vacancy committee constituted of those persons selected25 |
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94 | 94 | | at the county central committee organizational meeting of the same26 |
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95 | 95 | | political party as the vacating commissioner. In selecting the members of27 |
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96 | 96 | | HB25-1100 |
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97 | 97 | | -3- a vacancy committee, the central committee of a jurisdiction shall select,1 |
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98 | 98 | | at a minimum, the members of the jurisdiction's central committee |
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99 | 99 | | AND2 |
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100 | 100 | | THE INDIVIDUALS ELECTED AS DELEGATES TO THE APPLICABLE DISTRICT3 |
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101 | 101 | | ASSEMBLY PURSUANT TO SECTION 1-4-602.4 |
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102 | 102 | | (3) If the vacating commissioner was elected only by the electors5 |
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103 | 103 | | of the district from which the vacating commissioner was elected, the6 |
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104 | 104 | | county commissioner district central committee of the same district and7 |
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105 | 105 | | political party as the vacating commissioner shall appoint a vacancy8 |
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106 | 106 | | committee whose sole purpose shall be to name a successor to the9 |
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107 | 107 | | position of county commissioner. In selecting the members of a vacancy10 |
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108 | 108 | | committee, the central committee of a jurisdiction shall select, at a11 |
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109 | 109 | | minimum, the members of the jurisdiction's central committee |
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110 | 110 | | AND THE12 |
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111 | 111 | | INDIVIDUALS ELECTED AS DELEGATES TO THE APPLICABLE DISTRICT13 |
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112 | 112 | | ASSEMBLY PURSUANT TO SECTION 1-4-602. In the event the county14 |
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113 | 113 | | commissioner district central committee fails to appoint a vacancy15 |
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114 | 114 | | committee, the vacancy committee shall consist of the members of the16 |
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115 | 115 | | jurisdiction's central committee |
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116 | 116 | | AND THE INDIVIDUALS ELECTED AS17 |
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117 | 117 | | DELEGATES TO THE DISTRICT ASSEMBLY PURSUANT TO SECTION 1-4-602.18 |
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118 | 118 | | SECTION 4. In Colorado Revised Statutes, 22-2-105.5, amend19 |
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119 | 119 | | (3)(a) as follows:20 |
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120 | 120 | | 22-2-105.5. State board of education - definitions - vacancies21 |
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121 | 121 | | - procedure for filling. (3) (a) Any vacancy occurring on the state board,22 |
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122 | 122 | | other than a vacancy in a seat filled by a member elected from the state23 |
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123 | 123 | | at large, shall be filled by the vacancy committee of the party24 |
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124 | 124 | | congressional central committee of the same political party as the25 |
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125 | 125 | | vacating board member for the congressional district represented by the26 |
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126 | 126 | | vacating board member. For purposes of this section, in selecting the27 |
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127 | 127 | | HB25-1100 |
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128 | 128 | | -4- members of a vacancy committee, the central committee of a jurisdiction1 |
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129 | 129 | | shall select, at a minimum, the members of the jurisdiction's central2 |
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130 | 130 | | committee |
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131 | 131 | | AND THE INDIVIDUALS ELECTED AS DELEGATES TO THE3 |
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132 | 132 | | APPLICABLE DISTRICT ASSEMBLY PURSUANT TO SECTION 1-4-602. If no4 |
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133 | 133 | | vacancy committee of the party congressional central committee exists,5 |
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134 | 134 | | the party congressional central committee |
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135 | 135 | | AND THE INDIVIDUALS ELECTED6 |
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136 | 136 | | AS DELEGATES TO THE APPLICABLE DISTRICT ASSEMBLY PURSUANT TO7 |
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137 | 137 | | SECTION 1-4-602 shall perform the functions of the vacancy committee. 8 |
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138 | 138 | | SECTION 5. Act subject to petition - effective date. This act9 |
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139 | 139 | | takes effect at 12:01 a.m. on the day following the expiration of the10 |
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140 | 140 | | ninety-day period after final adjournment of the general assembly; except11 |
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141 | 141 | | that, if a referendum petition is filed pursuant to section 1 (3) of article V12 |
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142 | 142 | | of the state constitution against this act or an item, section, or part of this13 |
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143 | 143 | | act within such period, then the act, item, section, or part will not take14 |
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144 | 144 | | effect unless approved by the people at the general election to be held in15 |
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145 | 145 | | November 2026 and, in such case, will take effect on the date of the16 |
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146 | 146 | | official declaration of the vote thereon by the governor.17 |
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147 | 147 | | HB25-1100 |
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148 | 148 | | -5- |
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