1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to commerce; prohibiting pet shops from selling cats and dogs; amending |
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3 | 3 | | 1.3 Minnesota Statutes 2024, sections 325F.79; 325F.791, subdivisions 1, 5; 325F.792, |
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4 | 4 | | 1.4 subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 325F. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 325F.79, is amended to read: |
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7 | 7 | | 1.7 325F.79 DEFINITIONS. |
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8 | 8 | | 1.8 For purposes of sections 325F.79 to 325F.792, the following definitions apply: |
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9 | 9 | | 1.9 (a) "Advertisement" means an oral, written, graphic, or pictorial statement made in the |
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10 | 10 | | 1.10course of soliciting business. Advertisement includes without limitation a statement or |
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11 | 11 | | 1.11representation: |
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12 | 12 | | 1.12 (1) made in a newspaper, magazine, or other public publication; |
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13 | 13 | | 1.13 (2) contained in a notice, sign, billboard, poster, display, circular, pamphlet, or letter; |
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14 | 14 | | 1.14or |
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15 | 15 | | 1.15 (3) made on radio, television, or the Internet. |
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16 | 16 | | 1.16 (a) (b) "Animal" means a dog, wholly or in part of the species Canis familiaris, or a cat, |
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17 | 17 | | 1.17wholly or in part of the species Felis domesticus. |
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18 | 18 | | 1.18 (b) (c) "Pet dealer" means any person, firm, partnership, corporation, or association, |
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19 | 19 | | 1.19including breeders, that is required to collect sales tax for the sale of animals to the public. |
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20 | 20 | | 1.20Pet dealer does not include humane societies, nonprofit organizations performing the |
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21 | 21 | | 1.21functions of humane societies, or animal control agencies. |
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22 | 22 | | 1Section 1. |
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23 | 23 | | 25-03094 as introduced02/18/25 REVISOR RSI/VJ |
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24 | 24 | | SENATE |
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25 | 25 | | STATE OF MINNESOTA |
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26 | 26 | | S.F. No. 1943NINETY-FOURTH SESSION |
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27 | 27 | | (SENATE AUTHORS: DIBBLE and Abeler) |
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28 | 28 | | OFFICIAL STATUSD-PGDATE |
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29 | 29 | | Introduction and first reading02/27/2025 |
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30 | 30 | | Referred to Commerce and Consumer Protection 2.1 (c) (d) "Breeder" means any person, firm, partnership, corporation, or association that |
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31 | 31 | | 2.2breeds animals for direct or indirect sale to the public. |
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32 | 32 | | 2.3 (d) (e) "Broker" means a person, firm, partnership, corporation, or association that |
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33 | 33 | | 2.4purchases animals for resale to other brokers or pet dealers. |
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34 | 34 | | 2.5 (e) (f) "Health problem" means any disease, illness, or congenital or hereditary condition |
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35 | 35 | | 2.6which would impair the health or function of the animal that is apparent at the time of sale, |
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36 | 36 | | 2.7or which should have been apparent to the seller from the veterinary history of the animal. |
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37 | 37 | | 2.8 (g) "Pet shop" means a pet dealer that operates a physical retail store from which animals |
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38 | 38 | | 2.9are sold or offered for sale to the general public, whether through an appointment or |
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39 | 39 | | 2.10otherwise. |
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40 | 40 | | 2.11 (f) (h) "Veterinarian" means a licensed veterinarian in the state of Minnesota. |
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41 | 41 | | 2.12 EFFECTIVE DATE.This section is effective August 1, 2026, and applies to acts |
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42 | 42 | | 2.13committed on or after that date. |
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43 | 43 | | 2.14 Sec. 2. Minnesota Statutes 2024, section 325F.791, subdivision 1, is amended to read: |
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44 | 44 | | 2.15 Subdivision 1.Disclosure.(a) Every pet dealer shall deliver to each retail purchaser of |
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45 | 45 | | 2.16an animal written disclosure as follows: |
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46 | 46 | | 2.17 (a) (1) the name, address, and USDA license number of the breeder and any broker who |
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47 | 47 | | 2.18has had possession of the animal; the date of the animal's birth; the date the pet dealer |
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48 | 48 | | 2.19received the animal; the breed, sex, color, and identifying marks of the animal; the individual |
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49 | 49 | | 2.20identifying tag, tattoo, or collar number; the name and registration number of the sire and |
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50 | 50 | | 2.21dam and the litter number; and a record of inoculations, worming treatments, and medication |
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51 | 51 | | 2.22received by the animal while in the possession of the pet dealer.; |
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52 | 52 | | 2.23 (b) (2) a statement signed by the pet dealer that the animal has no known health problem, |
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53 | 53 | | 2.24or a statement signed by the pet dealer disclosing any known health problem and a statement |
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54 | 54 | | 2.25signed by a veterinarian that recommends necessary treatment.; and |
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55 | 55 | | 2.26 (3) a copy of all publicly available state or federal inspection reports for the animal's |
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56 | 56 | | 2.27breeder for all inspections that occurred during the three years preceding the date the animal |
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57 | 57 | | 2.28was purchased. |
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58 | 58 | | 2.29 (b) The disclosure shall be made part of the statement of consumer rights set forth in |
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59 | 59 | | 2.30subdivision 10. The disclosure required in paragraph (a), clause (1), need not be made for |
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60 | 60 | | 2.31mixed breed animals if the information is not available and cannot be determined by the |
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61 | 61 | | 2.32pet dealer. |
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62 | 62 | | 2Sec. 2. |
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63 | 63 | | 25-03094 as introduced02/18/25 REVISOR RSI/VJ 3.1 EFFECTIVE DATE.This section is effective August 1, 2026, and applies to acts |
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64 | 64 | | 3.2committed on or after that date. |
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65 | 65 | | 3.3 Sec. 3. Minnesota Statutes 2024, section 325F.791, subdivision 5, is amended to read: |
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66 | 66 | | 3.4 Subd. 5.Responsibilities of purchaser.(a) To obtain the remedies provided in |
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67 | 67 | | 3.5subdivision 6, the purchaser shall with respect to an animal with a health problem: |
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68 | 68 | | 3.6 (a) (1) notify the pet dealer, within two business days, of the diagnosis by a veterinarian |
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69 | 69 | | 3.7of the purchaser's choosing of a health problem and provide the pet dealer with the name |
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70 | 70 | | 3.8and telephone number of the veterinarian and a copy of the veterinarian's report on the |
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71 | 71 | | 3.9animal.; and |
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72 | 72 | | 3.10 (b) (2) if the purchaser wishes to receive a full refund for the animal, return the animal |
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73 | 73 | | 3.11no later than two business days after receipt of a written statement from a veterinarian |
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74 | 74 | | 3.12indicating the animal is unfit due to a health problem. |
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75 | 75 | | 3.13 (b) With respect to a dead animal the purchaser must provide the pet dealer a written |
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76 | 76 | | 3.14statement from a veterinarian, indicating the animal died from a health problem which |
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77 | 77 | | 3.15existed on or before the receipt of the animal by the purchaser. |
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78 | 78 | | 3.16 EFFECTIVE DATE.This section is effective August 1, 2026, and applies to acts |
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79 | 79 | | 3.17committed on or after that date. |
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80 | 80 | | 3.18 Sec. 4. [325F.7915] SALE OF DOGS AND CATS PROHIBITED. |
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81 | 81 | | 3.19 (a) A pet shop must not sell, offer to sell, barter, auction, or otherwise transfer ownership |
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82 | 82 | | 3.20of an animal. |
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83 | 83 | | 3.21 (b) A pet shop may provide space to a nonprofit humane society, animal control agency, |
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84 | 84 | | 3.22or animal rescue and rehoming organization to offer animals for adoption if the society, |
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85 | 85 | | 3.23agency, or organization qualifies as a nonprofit organization under section 501(c)(3) of the |
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86 | 86 | | 3.24Internal Revenue Code. |
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87 | 87 | | 3.25 (c) A pet shop is prohibited from having an ownership interest in an animal offered for |
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88 | 88 | | 3.26adoption under paragraph (b) or receiving a fee for providing space for animal adoption. |
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89 | 89 | | 3.27 (d) Notwithstanding paragraph (a), a pet shop that sold or offered for sale an animal |
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90 | 90 | | 3.28from the pet shop's physical premises for at least one year before the effective date of this |
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91 | 91 | | 3.29section and under the same ownership that existed prior to the effective date of this section |
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92 | 92 | | 3.30may continue to operate as a pet shop and engage in the sale or offer for sale of animals if: |
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93 | 93 | | 3Sec. 4. |
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94 | 94 | | 25-03094 as introduced02/18/25 REVISOR RSI/VJ 4.1 (1) an animal sold or offered for sale by the pet shop on or after the effective date of this |
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95 | 95 | | 4.2section is obtained only from a state-licensed or USDA-licensed breeder; and |
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96 | 96 | | 4.3 (2) in an advertisement to sell or offer for sale a specific animal, including on the animal's |
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97 | 97 | | 4.4display cage or enclosure, the pet shop discloses the breeder's state or USDA license number. |
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98 | 98 | | 4.5 (e) Notwithstanding this section, a county, city, town, or township may enact and enforce |
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99 | 99 | | 4.6by ordinance stricter regulations regarding the transfer of ownership of animals, including |
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100 | 100 | | 4.7a prohibition on selling or offering for sale animals by a pet dealer or other entity. |
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101 | 101 | | 4.8 (f) A pet shop that operates as a pet shop pursuant to paragraph (d) that violates this |
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102 | 102 | | 4.9section on three separate occasions is prohibited from selling, offering to sell, bartering, |
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103 | 103 | | 4.10auctioning, or otherwise transferring ownership of an animal. |
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104 | 104 | | 4.11 EFFECTIVE DATE.This section is effective August 1, 2026, and applies to acts |
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105 | 105 | | 4.12committed on or after that date. |
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106 | 106 | | 4.13 Sec. 5. Minnesota Statutes 2024, section 325F.792, subdivision 2, is amended to read: |
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107 | 107 | | 4.14 Subd. 2.Civil penalty.(a) A pet dealer who: |
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108 | 108 | | 4.15 (1) sells an animal without delivery of the disclosure required in section 325F.791, |
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109 | 109 | | 4.16subdivision 1; |
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110 | 110 | | 4.17 (2) fails to maintain the records required by section 325F.791, subdivision 2; |
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111 | 111 | | 4.18 (3) fails to provide registration papers as provided in section 325F.791, subdivision 3; |
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112 | 112 | | 4.19 (4) fails to make or provide payment for the examinations required by section 325F.791, |
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113 | 113 | | 4.20subdivision 4; |
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114 | 114 | | 4.21 (5) fails to post the notice required by section 325F.791, subdivision 9; or |
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115 | 115 | | 4.22 (6) fails to provide the statement of consumer rights required by section 325F.791, |
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116 | 116 | | 4.23subdivision 10, |
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117 | 117 | | 4.24is subject to a civil fine of up to $1,000 per violation. |
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118 | 118 | | 4.25 (b) A pet shop that violates section 325F.7915 is subject to a civil fine of up to $1,000 |
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119 | 119 | | 4.26per violation. Each transfer of an animal's ownership in violation of section 325F.7915 is |
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120 | 120 | | 4.27a separate violation. |
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121 | 121 | | 4.28 (b) (c) Civil fines collected under this subdivision shall be collected by the court and |
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122 | 122 | | 4.29turned over to the prosecuting attorney. |
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123 | 123 | | 4Sec. 5. |
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124 | 124 | | 25-03094 as introduced02/18/25 REVISOR RSI/VJ 5.1 EFFECTIVE DATE.This section is effective August 1, 2026, and applies to acts |
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125 | 125 | | 5.2committed on or after that date. |
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126 | 126 | | 5.3 Sec. 6. SEVERABILITY. |
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127 | 127 | | 5.4 If a court of competent jurisdiction holds that any section is unconstitutional or otherwise |
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128 | 128 | | 5.5invalid, the invalidity does not affect other sections that can be given effect without the |
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129 | 129 | | 5.6invalid provisions or application, and to this end the sections are severable. |
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130 | 130 | | 5.7 EFFECTIVE DATE.This section is effective August 1, 2026, and applies to acts |
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131 | 131 | | 5.8committed on or after that date. |
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132 | 132 | | 5Sec. 6. |
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133 | 133 | | 25-03094 as introduced02/18/25 REVISOR RSI/VJ |
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