Kansas 2025-2026 Regular Session

Kansas House Bill HB2016 Compare Versions

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1+Session of 2025
12 HOUSE BILL No. 2016
2-AN ACT concerning elections; relating to voter registration; including funeral home online
3-obituary notices as sufficient grounds for removal of a deceased voter from the voter
4-registration books; requiring that poll workers be citizens of the United States and
5-live within the state of Kansas; prohibiting the disqualification of active military
6-members, spouses or other dependents who are citizens of the United States as poll
7-workers on the basis of residency or being a registered voter; relating to advance
8-voting ballot applications; modifying the requirements for soliciting registered voters
9-to submit advance voting applications; amending K.S.A. 25-2804 and K.S.A. 2024
10-Supp. 25-1122 and 25-2316c and repealing the existing sections.
3+By Committee on Elections
4+Requested by Representative Waggoner
5+1-16
6+AN ACT concerning elections; relating to voter registration; including
7+private online obituary notices as sufficient grounds for removal of a
8+deceased voter from the voter registration books; amending K.S.A.
9+2024 Supp. 25-2316c and repealing the existing section.
1110 Be it enacted by the Legislature of the State of Kansas:
12-New Section 1. (a) No county election officer shall disqualify an
13-individual from serving as a poll worker at any election on the basis of
14-residency or registered voter status if such individual is a citizen of the
15-United States and an active military member or the spouse or other
16-dependent of an active military member.
17-(b) Nothing in this section shall be construed to limit or otherwise
18-restrict any poll worker qualifications based on the age of the
19-individual, except as provided in K.S.A. 25-2804, and amendments
20-thereto.
21-(c) "Active military member" means any person with full-time
22-duty status in the armed forces of the United States, including members
23-of the national guard and reserve.
24-Sec. 2. K.S.A. 2024 Supp. 25-1122 is hereby amended to read as
25-follows: 25-1122. (a) Any registered voter may file with the county
26-election officer where such person is a resident, or where such person is
27-authorized by law to vote as a former precinct resident, an application
28-for an advance voting ballot. The signed application shall be
29-transmitted only to the county election officer by personal delivery,
30-mail, facsimile or as otherwise provided by law.
31-(b) If the registered voter is applying for an advance voting ballot
32-to be transmitted in person, the voter shall provide identification
33-pursuant to K.S.A. 25-2908, and amendments thereto.
34-(c) If the registered voter is applying for an advance voting ballot
35-to be transmitted by mail, the voter shall provide with the application
36-for an advance voting ballot the voter's current and valid Kansas
37-driver's license number, nondriver's identification card number or a
38-photocopy of any other identification provided by K.S.A. 25-2908, and
39-amendments thereto.
40-(d) A voter may vote a provisional ballot according to K.S.A. 25-
41-409, and amendments thereto, if:
42-(1) The voter is unable or refuses to provide current and valid
43-identification; or
44-(2) the name and address of the voter provided on the application
45-for an advance voting ballot do not match the voter's name and address
46-on the registration book. The voter shall provide a valid form of
47-identification as defined in K.S.A. 25-2908, and amendments thereto,
48-to the county election officer in person or provide a copy by mail or
49-electronic means before the meeting of the county board of canvassers.
50-At the meeting of the county board of canvassers the county election
51-officer shall present copies of identification received from provisional
52-voters and the corresponding provisional ballots. If the county board of
53-canvassers determines that a voter's identification is valid and the
54-provisional ballot was properly cast, the ballot shall be counted.
55-(e) No county election officer shall provide an advance voting
56-ballot to a person who is requesting an advance voting ballot to be
57-transmitted by mail unless:
58-(1) The county election official verifies that the signature of the
59-person matches that on file in the county voter registration records,
60-except that verification of the voter's signature shall not be required if a
61-voter has a disability preventing the voter from signing. Signature
62-verification may occur by electronic device or by human inspection. In
63-the event that the signature of a person who is requesting an advance
64-voting ballot does not match that on file, the county election officer
65-shall attempt to contact the person and shall offer the person another
66-opportunity to provide the person's signature for the purposes of HOUSE BILL No. 2016—page 2
67-verifying the person's identity. If the county election officer is unable to
68-reach the person, the county election officer may transmit a provisional
69-ballot, however, such provisional ballot may not be counted unless a
70-signature is included therewith that can be verified; and
71-(2) the person provides such person's full Kansas driver's license
72-number, Kansas nondriver's identification card number issued by the
73-division of vehicles, or submits such person's application for an
74-advance voting ballot and a copy of identification provided by K.S.A.
75-25-2908, and amendments thereto, to the county election officer for
76-verification. If a person applies for an advance voting ballot to be
77-transmitted by mail but fails to provide identification pursuant to this
78-subsection or the identification of the person cannot be verified by the
79-county election officer, the county election officer shall provide
80-information to the person regarding the voter rights provisions of
81-subsection (d) and shall provide the person an opportunity to provide
82-identification pursuant to this subsection. For the purposes of this act,
83-Kansas state offices and offices of any subdivision of the state will
84-allow any person seeking to vote by an advance voting ballot the use of
85-a photocopying device to make one photocopy of an identification
86-document at no cost.
87-(f) (1) Applications for advance voting ballots to be transmitted to
88-the voter by mail shall be filed only at the following times:
89-(A) For the primary election occurring on the first Tuesday in
90-August in both even-numbered and odd-numbered years, between April
91-1 of such year and the Tuesday of the week preceding such primary
92-election;
93-(B) for the general election occurring on the Tuesday following
94-the first Monday in November in both even-numbered and odd-
95-numbered years, between 90 days prior to such election and the
96-Tuesday of the week preceding such general election;
97-(C) for the presidential preference primary election held pursuant
98-to K.S.A. 25-4501a, and amendments thereto, between January 1 of the
99-year in which such election is held and 30 days prior to the day of such
100-election;
101-(D) for question submitted elections occurring on the date of a
102-primary or general election, the same as is provided for ballots for
103-election of officers at such election;
104-(E) for question submitted elections not occurring on the date of a
105-primary or general election, between the time of the first published
106-notice thereof and the Tuesday of the week preceding such question
107-submitted election, except that if the question submitted election is held
108-on a day other than a Tuesday, the final date for mailing of advance
109-voting ballots shall be one week before such election; and
110-(F) for any special election of officers, at such time as is specified
111-by the secretary of state.
112-(2) The county election officer of any county may receive
113-applications prior to the time specified in this subsection and hold such
114-applications until the beginning of the prescribed application period.
115-Such applications shall be treated as filed on that date.
116-(g) (1) Unless an earlier date is designated by the county election
117-office, applications for advance voting ballots transmitted to the voter
118-in person shall be filed on the Tuesday next preceding the election and
119-on each subsequent business day until no later than 12 12:00 noon on
120-the day preceding such election. If the county election officer so
121-provides, applications for advance voting ballots transmitted to the
122-voter in person in the office of the county election officer also may be
123-filed on the Saturday preceding the election. Upon receipt of any such
124-properly executed application, the county election officer shall deliver
125-to the voter such ballots and instructions as are provided for in this act.
126-(2) An application for an advance voting ballot filed by a voter
127-who has a temporary illness or disability or who is not proficient in
128-reading the English language or by a person rendering assistance to
129-such voter may be filed during the regular advance ballot application
130-periods until the close of the polls on election day. HOUSE BILL No. 2016—page 3
131-(3) The county election officer may designate places other than the
132-central county election office as satellite advance voting sites. At any
133-satellite advance voting site, a registered voter may obtain an
134-application for advance voting ballots. Ballots and instructions shall be
135-delivered to the voter in the same manner and subject to the same
136-limitations as otherwise provided by this subsection.
137-(h) Any person having a permanent disability or an illness that has
138-been diagnosed as a permanent illness is hereby authorized to make an
139-application for permanent advance voting status. Applications for
140-permanent advance voting status shall be in the form and contain such
141-information as is required for application for advance voting ballots and
142-also shall contain information that establishes the voter's right to
143-permanent advance voting status.
144-(i) On receipt of any application filed under the provisions of this
145-section, the county election officer shall prepare and maintain in such
146-officer's office a list of the names of all persons who have filed such
147-applications, together with their correct post office address and the
148-precinct, ward, township or voting area in which the persons claim to
149-be registered voters or to be authorized by law to vote as former
150-precinct residents and the present resident address of each applicant.
151-Names and addresses shall remain so listed until the day of such
152-election. The county election officer shall maintain a separate listing of
153-the names and addresses of persons qualifying for permanent advance
154-voting status. All such lists shall be available for inspection upon
155-request in compliance with this subsection by any registered voter
156-during regular business hours. The county election officer upon receipt
157-of the applications shall enter upon a record kept by such officer the
158-name and address of each applicant, which record shall conform to the
159-list above required. Before inspection of any advance voting ballot
160-application list, the person desiring to make the inspection shall provide
161-to the county election officer identification in the form of driver's
162-license or other reliable identification and shall sign a log book or
163-application form maintained by the officer stating the person's name
164-and address and showing the date and time of inspection. All records
165-made by the county election officer shall be subject to public
166-inspection, except that the voter identification information required by
167-subsections (b) and (c) and the identifying number on ballots and ballot
168-envelopes and records of such numbers shall not be made public.
169-(j) If a person on the permanent advance voting list fails to vote in
170-four consecutive general elections, the county election officer may mail
171-a notice to such voter. The notice shall inform the voter that the voter's
172-name will be removed from the permanent advance voting list unless
173-the voter renews the application for permanent advance voting status
174-within 30 days after the notice is mailed. If the voter fails to renew such
175-application, the county election officer shall remove the voter's name
176-from the permanent advance voting list. Failure to renew the
177-application for permanent advance voting status shall not result in
178-removal of the voter's name from the voter registration list.
179-(k) (1) Any person who solicits by mail a registered voter to file
180-an application for an advance voting ballot and includes an application
181-for an advance voting ballot in such mailing shall include on the
182-exterior of such mailing, and on each a page contained therein, except
183-the application, in such mailing a clear and conspicuous label in 14-
184-point 10-point font or larger that includes:
185-(A) The name of the individual or organization that caused such
186-solicitation to be mailed;
187-(B) if an organization, the name of the president, chief executive
188-officer or executive director of such organization;
189-(C) the address of such individual or organization; and
190-(D)(C) the following statement: "Disclosure: This is not a
191-government mailing. It is from a private individual or organization."
192-(2) The application for an advance voting ballot included in such
193-mailing shall be the official application for advance ballot by mail
194-provided by the secretary of state or the appropriate county election HOUSE BILL No. 2016—page 4
195-office. No portion of such application shall be completed prior to
196-mailing such application to the registered voter, except that the date of
197-the election may be printed on the application.
198-(3) An application for an advance voting ballot shall include an
199-envelope addressed to the appropriate county election office for the
200-mailing of such application information on how to mail such
201-application to the appropriate county election office. In no case shall
202-the person who mails the application to the voter direct that the
203-completed application be returned to such person.
204-(4) The provisions of this subsection shall not apply to:
205-(A) The secretary of state or any election official or county
206-election office; or
207-(B) the official protection and advocacy for voting access agency
208-for this state as designated pursuant to the federal help America vote act
209-of 2002, public law 107-252, or any other entity required to provide
210-information concerning elections and voting procedures by federal law.
211-(5) A violation of this subsection is a class C nonperson
212-misdemeanor.
213-(l) (1) No person shall mail or cause to be mailed an application
214-for an advance voting ballot, unless such person is a resident of this
215-state or is otherwise domiciled in this state.
216-(2) Any individual may file a complaint in writing with the
217-attorney general alleging a violation of this subsection. Such complaint
218-shall include the name of the person alleged to have violated this
219-subsection and any other information as required by the attorney
220-general. Upon receipt of a complaint, the attorney general shall
221-investigate and may file an action against any person found to have
222-violated this subsection.
223-(3) Any person who violates the provisions of this subsection is
224-subject to a civil penalty of $20. Each instance in which a person mails
225-an application for an advance voting ballot in violation of this section
226-shall constitute a separate violation.
227-(m) A county election officer shall not mail a ballot to a voter
228-unless such voter has submitted an application for an advance voting
229-ballot, except that a ballot may be mailed to a voter if such voter has
230-permanent advance voting ballot status pursuant to subsection (h) or if
231-the election is conducted pursuant to the mail ballot election act, K.S.A.
232-25-431 et seq., and amendments thereto.
233-(n) The secretary of state may adopt rules and regulations in order
234-to implement the provisions of this section and to define valid forms of
235-identification.
236-Sec. 3. K.S.A. 2024 Supp. 25-2316c is hereby amended to read as
237-follows: 25-2316c. (a) When a registered voter changes name by
238-marriage, divorce or legal proceeding, if the voter is otherwise qualified
239-to vote at such voting place the voter shall be allowed to vote a
240-provisional ballot at any election, or apply for an advance voting ballot,
241-on the condition that the voter first completes the application for
242-registration prescribed by K.S.A. 25-2309, and amendments thereto.
243-Completion of the application shall authorize the county election
244-officer to update the registration records, if appropriate, for voting in
245-future elections. The county election officer shall send, by
246-nonforwardable mail, a notice of disposition to any voter completing
247-such application.
11+Section 1. K.S.A. 2024 Supp. 25-2316c is hereby amended to read as
12+follows: 25-2316c. (a) When a registered voter changes name by marriage,
13+divorce or legal proceeding, if the voter is otherwise qualified to vote at
14+such voting place the voter shall be allowed to vote a provisional ballot at
15+any election, or apply for an advance voting ballot, on the condition that
16+the voter first completes the application for registration prescribed by
17+K.S.A. 25-2309, and amendments thereto. Completion of the application
18+shall authorize the county election officer to update the registration
19+records, if appropriate, for voting in future elections. The county election
20+officer shall send, by nonforwardable mail, a notice of disposition to any
21+voter completing such application.
24822 (b) When a registered voter changes residence, the voter shall
249-reregister in order to be eligible to vote, except that when a registrant
250-has moved from an address on the registration book to another address
251-within the county and has not reregistered, the registrant shall be
252-allowed to vote a provisional ballot at any election, or to apply for an
253-advance voting ballot, on the condition that the registrant first
254-completes the application for registration prescribed by K.S.A. 25-
255-2309, and amendments thereto. Completion of the application shall
256-authorize the county election officer to update the registration record, if
257-appropriate, for voting in future elections. The county election officer
258-shall send, by nonforwardable mail, a notice of disposition to any such HOUSE BILL No. 2016—page 5
259-voter. Whenever the county election officer receives from any other
260-election officer a notice of registration of a voter in a different place
261-than that shown in the records of the county election officer, the officer
262-shall remove the name of the voter from the registration book and party
263-affiliation list.
23+reregister in order to be eligible to vote, except that when a registrant has
24+moved from an address on the registration book to another address within
25+the county and has not reregistered, the registrant shall be allowed to vote
26+a provisional ballot at any election, or to apply for an advance voting
27+ballot, on the condition that the registrant first completes the application
28+for registration prescribed by K.S.A. 25-2309, and amendments thereto.
29+Completion of the application shall authorize the county election officer to
30+update the registration record, if appropriate, for voting in future elections.
31+The county election officer shall send, by nonforwardable mail, a notice of
32+disposition to any such voter. Whenever the county election officer
33+receives from any other election officer a notice of registration of a voter
34+in a different place than that shown in the records of the county election
35+officer, the officer shall remove the name of the voter from the registration
36+book and party affiliation list.
26437 (c) Every application for registration completed under this section
265-shall be returned to the county election officer with the registration
266-books.
267-(d) A registrant shall not be removed from the registration list on
268-the ground that the registrant has changed residence unless the
269-registrant:
38+shall be returned to the county election officer with the registration books.
39+(d) A registrant shall not be removed from the registration list on the
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75+ground that the registrant has changed residence unless the registrant:
27076 (1) Confirms in writing that the registrant has moved outside the
271-county in which the registrant is registered, or registers to vote in any
272-other jurisdiction; or
273-(2) (A) (i) has failed to respond to the notice described in
274-subsection (e)(1) through (e)(4); or (ii) the notice described in
275-subsection (e)(5) is returned as undeliverable; and (B) has not appeared
276-to vote in an election during the period beginning on the date of the
277-notice and ending on the day after the date of the second federal general
278-election that occurs after the date of the notice.
279-(e) A county election officer shall send a confirmation notice,
280-upon which a registrant may state such registrant's current address,
281-within 45 days of the following events:
282-(1) A notice of disposition of an application for voter registration
283-is returned as undeliverable;
284-(2) change of address information supplied by the national change
285-of address program identifies a registrant whose address may have
286-changed;
287-(3) if it appears from information provided by the postal service
288-that a registrant has moved to a different residence address in the
289-county in which the registrant is currently registered;
290-(4) if it appears from information provided by the postal service
291-that a registrant has moved to a different residence address outside the
292-county in which the registrant is currently registered; or
77+county in which the registrant is registered, or registers to vote in any other
78+jurisdiction; or
79+(2) (A) (i) has failed to respond to the notice described in subsection
80+(e)(1) through (e)(4); or (ii) the notice described in subsection (e)(5) is
81+returned as undeliverable; and (B) has not appeared to vote in an election
82+during the period beginning on the date of the notice and ending on the
83+day after the date of the second federal general election that occurs after
84+the date of the notice.
85+(e) A county election officer shall send a confirmation notice, upon
86+which a registrant may state such registrant's current address, within 45
87+days of the following events:
88+(1) A notice of disposition of an application for voter registration is
89+returned as undeliverable;
90+(2) change of address information supplied by the national change of
91+address program identifies a registrant whose address may have changed;
92+(3) if it appears from information provided by the postal service that a
93+registrant has moved to a different residence address in the county in
94+which the registrant is currently registered;
95+(4) if it appears from information provided by the postal service that a
96+registrant has moved to a different residence address outside the county in
97+which the registrant is currently registered; or
29398 (5) if the registrant has no election-related activity for any four-
29499 calendar-year period. No election-related activity means that the elector
295-has not voted, attempted to vote, requested or submitted an advance
296-ballot application, filed an updated voter registration card, signed a
297-petition, which is required by law to be verified by the county election
298-officer or the secretary of state, or responded to any official election
299-mailing transmitted by the county election office.
100+has not voted, attempted to vote, requested or submitted an advance ballot
101+application, filed an updated voter registration card, signed a petition,
102+which is required by law to be verified by the county election officer or the
103+secretary of state, or responded to any official election mailing transmitted
104+by the county election office.
300105 The confirmation notice shall be sent by forwardable mail and shall
301106 include a postage prepaid and preaddressed return card in a form
302107 prescribed by the chief state election official.
303-(f) (1) Except as otherwise provided by law, when a voter dies or
304-is disqualified for voting, the registration of the voter shall be void, and
305-the county election officer shall remove such voter's name from the
108+(f) (1) Except as otherwise provided by law, when a voter dies or is
109+disqualified for voting, the registration of the voter shall be void, and the
110+county election officer shall remove such voter's name from the
306111 registration books and the party affiliation lists.
307-Whenever (1)(2) The county election officer shall remove the
308-name of a registered voter from the registration books and the party
309-affiliation lists in such officer's office when:
112+Whenever (1)(2) The county election officer shall remove the name of
113+a registered voter from the registration books and the party affiliation lists
114+in such officer's office when:
310115 (A) An obituary notice appears in a newspaper having general
311-circulation in the county reports the death of a such registered voter, or
312-(2) a;
313-(B) an obituary notice published online by a funeral home located
314-in the county reports the death of such registered voter;
315-(C) such registered voter requests in writing that such voter's name
316-be removed from registration, or (3);
317-(D) a court of competent jurisdiction orders removal of the name
318-of a such registered voter from registration lists, or (4); or
319-(E) the name of a such registered voter appears on a list of
320-deceased residents compiled by the secretary of health and environment
321-as provided in K.S.A. 65-2422, and amendments thereto, or appears on
322-a copy of a death certificate provided by the secretary of health and HOUSE BILL No. 2016—page 6
323-environment, or appears in information provided by the social security
324-administration, the county election officer shall remove from the
325-registration books and the party affiliation lists in such officer's office
326-the name of any person shown by such list or death certificate to be
327-deceased.
328-(3) The county election officer shall not use or permit the use of
329-such any lists of deceased residents or copies of such lists for any other
330-purpose than as provided in this section.
331-(g) When the chief state election official receives written notice of
332-a felony conviction in a United States district court, such official shall
333-notify within five days the county election officer of the jurisdiction in
334-which the offender resides. Upon notification of a felony conviction
335-from the chief state election official, or from a county or district
336-attorney or a Kansas district court, the county election officer shall
337-remove the name of the offender from the registration records.
116+circulation in the county reports the death of a such registered voter, or (2)
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161+(B) an obituary notice published online by a funeral home located in
162+the county reports the death of such registered voter;
163+(C) such registered voter requests in writing that such voter's name be
164+removed from registration, or (3);
165+(D) a court of competent jurisdiction orders removal of the name of a
166+such registered voter from registration lists, or (4); or
167+(E) the name of a such registered voter appears on a list of deceased
168+residents compiled by the secretary of health and environment as provided
169+in K.S.A. 65-2422, and amendments thereto, or appears on a copy of a
170+death certificate provided by the secretary of health and environment, or
171+appears in information provided by the social security administration, the
172+county election officer shall remove from the registration books and the
173+party affiliation lists in such officer's office the name of any person shown
174+by such list or death certificate to be deceased.
175+(3) The county election officer shall not use or permit the use of such
176+any lists of deceased residents or copies of such lists for any other purpose
177+than as provided in this section.
178+(g) When the chief state election official receives written notice of a
179+felony conviction in a United States district court, such official shall notify
180+within five days the county election officer of the jurisdiction in which the
181+offender resides. Upon notification of a felony conviction from the chief
182+state election official, or from a county or district attorney or a Kansas
183+district court, the county election officer shall remove the name of the
184+offender from the registration records.
338185 (h) Except as otherwise provided in this section, no person whose
339186 name has been removed from the registration books shall be entitled to
340187 vote until such person has registered again.
341-Sec. 4. K.S.A. 25-2804 is hereby amended to read as follows: 25-
342-2804. (a) Each person recommended as provided in K.S.A. 25-2803(a),
343-and amendments thereto, shall be a resident of the area served by the
344-voting place in which such person is to be a judge or clerk citizen of the
345-United States and live within the state of Kansas.
346-(b) Except as otherwise provided by this subsection, All judges
347-and clerks shall have the qualifications of an elector in the election at
348-which they serve, and be a citizen of the United States and live within
349-the state of Kansas. No judge or clerk shall be a candidate for any
350-office, other than the office of precinct committeeman or precinct
351-committeewoman, to be elected at such election. The county election
352-officer may appoint persons who are at least 16 years of age to serve as
353-election judges or clerks if such persons meet all other requirements for
354-qualification of an elector and have a letter of recommendation from a
355-school teacher, counselor or administrator. No more than
188+Sec. 2. K.S.A. 2024 Supp. 25-2316c is hereby repealed.
189+Sec. 3. This act shall take effect and be in force from and after its
190+publication in the statute book.
356191 1
357-/3 of the
358-persons appointed to each election board may be under the age of 18.
359-(c) The county election officer may establish a pool of trained
360-judges and clerks who shall be recommended by the county
361-chairpersons specified in K.S.A. 25-2803(a), and amendments thereto.
362-Judges and clerks in such pool may serve at voting places other than
363-their own if:
364-(1) The chairpersons specified in K.S.A. 25-2803(a), and
365-amendments thereto, or either of them, have failed to make appropriate
366-recommendations;
367-(2) it is impossible to obtain judges and clerks for a voting place in
368-any other way; or
369-(3) voting machines are used, in which case the third judge, who
370-shall be trained in the use of voting machines, need not necessarily live
371-in the area of the voting place.
372-(d) Any judge or clerk serving in a voting place not located in the
373-area in which such judge or clerk resides or serving on a special
374-election board established under K.S.A. 25-1133(c), and amendments
375-thereto, shall be allowed to vote an advance voting ballot in accordance
376-with the provisions of K.S.A. 25-1119, and amendments thereto, or
377-shall be excused from duties as such judge or clerk to vote at the voting
378-place in the area where such judge or clerk resides. HOUSE BILL No. 2016—page 7
379-Sec. 5. K.S.A. 25-2804 and K.S.A. 2024 Supp. 25-1122 and 25-
380-2316c are hereby repealed.
381-Sec. 6. This act shall take effect and be in force from and after its
382-publication in the statute book.
383-I hereby certify that the above BILL originated in the HOUSE, and was
384-adopted by that body
385-
386-HOUSE adopted
387-Conference Committee Report
388-
389-Speaker of the House.
390-
391-Chief Clerk of the House.
392-Passed the SENATE
393- as amended
394-SENATE adopted
395-Conference Committee Report
396-
397-President of the Senate.
398-
399-Secretary of the Senate.
400-APPROVED
401-
402-
403-Governor.
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