| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary A By: Representative Ford (73rd) House Bill 1537 AN ACT TO AMEND SECTION 43-15-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A CHILD, WHO IS FORTY-FIVE DAYS OF AGE OR YOUNGER AND UNHARMED, IS RELINQUISHED TO AN ADOPTION AGENCY PURSUANT TO THE "BABY DROP-OFF LAW" AND SUCH AGENCY DESIRES TO TAKE CUSTODY OF THE CHILD AND PLACE THE CHILD FOR ADOPTION, THEN THE AGENCY MUST TRANSPORT THE CHILD TO THE HOSPITAL FOR AN EXAM; TO REQUIRE THE AGENCY TO CONTACT THE DEPARTMENT OF CHILD PROTECTION SERVICES AND INFORM THE DEPARTMENT THAT A CHILD HAS BEEN LEFT WITH THE ADOPTION AGENCY AND THAT THE AGENCY WILL TAKE CUSTODY OF THE CHILD AFTER THE HOSPITAL EXAMINATION; TO PROVIDE THE PROTOCOL FOR THE HANDLING OF A RELINQUISHED CHILD FOR AN ADOPTION AGENCY, AND OTHER ENTITIES, THAT DO NOT HAVE THE ABILITY TO PLACE THE CHILD FOR ADOPTION; TO REQUIRE THAT WITHIN EIGHT HOURS AFTER THE DEPARTMENT IS INFORMED THAT AN ENTITY IS NOT TAKING CUSTODY OF A CHILD, THE DEPARTMENT SHALL THEN CONTACT THE NEXT LICENSED ADOPTION AGENCY FROM ITS ROTATING LIST UNTIL AN AGENCY AGREES TO TAKE CUSTODY OF THE CHILD; IF AN ADOPTION AGENCY FAILS TO TAKE CUSTODY OF THE CHILD, THEN THE DEPARTMENT SHALL TAKE CUSTODY OF THE CHILD; TO PROVIDE THAT THE ENTITY OR PERSON THAT ULTIMATELY TAKES CUSTODY OF THE CHILD SHALL BE RESPONSIBLE FOR ALL MEDICAL COSTS AND OTHER COSTS INCURRED PRIOR TO THE CHILD BEING PLACED IN THE CARE OF THE ENTITY OR PERSON AND SUCH ENTITY OR PERSON SHALL REIMBURSE THE HOSPITAL FOR SUCH COSTS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 43-15-203, Mississippi Code of 1972, is amended as follows: 43-15-203. (1) * * *No later than the close of the first business day after the date on which an emergency medical services provider takes possession of a child pursuant to Section 43‑15‑201, the provider shall notify the Department of Child Protection Services that the provider has taken possession of the child. (2) The department shall assume the care, control and custody of the child immediately on receipt of notice pursuant to subsection (1). The department shall be responsible for all medical and other costs associated with the child and shall reimburse the hospital for any costs incurred prior to the child being placed in the care of the department. If a child is relinquished to an adoption agency licensed pursuant to Section 43-15-105 and the adoption agency has the ability and desire to take custody of the child and to place the child for adoption, the adoption agency shall, as an emergency medical services provider under this article, do the following: (a) Immediately transport the child or arrange for the child to be transported to a hospital for a physical examination. (b) Immediately call the department to inform that a child has been left with the adoption agency, of the location of the hospital where the adoption agency transported the child or arranged for the child to be transported, and that the adoption agency will take custody of the child after the hospital completes the physical examination. (c) Take custody of the child from the hospital within forty-eight (48) hours after the hospital completes the physical examination. (2) If a child is relinquished to an adoption agency licensed pursuant to Section 43-15-105 and the adoption agency does not have the ability or desire to take custody of the child and place the child for adoption, the adoption agency shall do the following: (a) Immediately transport the child or arrange for the child to be transported to a hospital for a physical examination. (b) Immediately call the department to inform it that a child has been left with the adoption agency as an emergency medical services provider under this article, of the location of the hospital where the adoption agency transported the child or arranged for the child to be transported, and that the adoption agency will not take custody of the child after the hospital completes the physical examination. (3) If a child is relinquished to a licensed hospital, the staff of the facility shall do the following: (a) Immediately complete a physical examination. (b) Immediately call the department to inform it that a child has been relinquished at the facility. (4) If a child is relinquished to an emergency medical services provider other than an adoption agency or licensed hospital, the staff of the facility shall do the following: (a) Immediately transfer the child to a hospital for a physical examination. (b) Immediately call the department to inform it that a child has been relinquished at the facility and of the location of the hospital where the emergency medical services provider transported the child. (5) Within eight (8) hours after the department is contacted pursuant to subsections (2), (3) or (4) of this section, the department shall contact the next licensed adoption agency on a rotating list maintained by the department until the department contacts an adoption agency that agrees to take custody of the child. The adoption agency must take custody of the child from the hospital within forty-eight (48) hours after the hospital completes the physical examination. (6) If no adoption agency takes custody of the child pursuant to this section within forty-eight (48) hours after the hospital completes the physical examination, the department shall take custody of the child. (7) Notwithstanding any other law, before a licensed adoption agency or the department takes custody of a child pursuant to this section, a licensed hospital may make health care treatment decisions for the child. A licensed hospital which makes a good faith medical decision pursuant to this subsection is immune from liability. ( * * *38) (a) * * * Immediately after assuming legal custody of the infant, the department A hospital which receives a child for a physical examination under this section shall immediately contact the local law enforcement agency in the municipality or county in which the infant was surrendered and the Department of Public Safety to determine whether the infant is a missing child in this state or another state. If the department determines that the infant is a missing child, then the department shall perform its due diligence to reunite the infant with his or her family. (b) A law enforcement agency that is contacted under the provisions of this subsection shall investigate whether the child is reported as missing. (c) For purposes of this subsection ( * * *38), the term "missing child" means person under the age of eighteen (18) reported to police or by police as someone whose whereabouts are unknown for any reason. (9) The entity or individual that ultimately takes custody of the child shall be responsible for all medical and other costs associated with the child and shall reimburse the hospital for any costs incurred prior to the child being placed in the care of the entity or individual. (10) An adoption agency that takes custody of the child must comply with all state and federal laws regarding adoption and placement of children. (11) The department shall inform an adoption agency when it has rotated to the top of the contact list and inform it that the department will notify it the next time a child is relinquished to an emergency medical services provider under this section. An adoption agency may contact the department to be placed on the rotating list maintained by the department pursuant to this section if it is licensed pursuant to Section 45-15-105. (12) The protocols prescribed in this section apply only to an unharmed child who is forty-five (45) days of age or younger and who is not alleged to have been neglected or abused. If a child who is transported to a hospital is older than forty-five (45) days or has been harmed, the hospital shall contact the department, and the department shall take custody of the child. (13) For purposes of this section, "custody" means the legal authority to act on behalf of a child including the following: (a) The duty and authority to make decisions that affect the child, including medical decisions. (b) The authority to file a petition for termination of parental rights. SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Judiciary A |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Ford (73rd) |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 1537 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO AMEND SECTION 43-15-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A CHILD, WHO IS FORTY-FIVE DAYS OF AGE OR YOUNGER AND UNHARMED, IS RELINQUISHED TO AN ADOPTION AGENCY PURSUANT TO THE "BABY DROP-OFF LAW" AND SUCH AGENCY DESIRES TO TAKE CUSTODY OF THE CHILD AND PLACE THE CHILD FOR ADOPTION, THEN THE AGENCY MUST TRANSPORT THE CHILD TO THE HOSPITAL FOR AN EXAM; TO REQUIRE THE AGENCY TO CONTACT THE DEPARTMENT OF CHILD PROTECTION SERVICES AND INFORM THE DEPARTMENT THAT A CHILD HAS BEEN LEFT WITH THE ADOPTION AGENCY AND THAT THE AGENCY WILL TAKE CUSTODY OF THE CHILD AFTER THE HOSPITAL EXAMINATION; TO PROVIDE THE PROTOCOL FOR THE HANDLING OF A RELINQUISHED CHILD FOR AN ADOPTION AGENCY, AND OTHER ENTITIES, THAT DO NOT HAVE THE ABILITY TO PLACE THE CHILD FOR ADOPTION; TO REQUIRE THAT WITHIN EIGHT HOURS AFTER THE DEPARTMENT IS INFORMED THAT AN ENTITY IS NOT TAKING CUSTODY OF A CHILD, THE DEPARTMENT SHALL THEN CONTACT THE NEXT LICENSED ADOPTION AGENCY FROM ITS ROTATING LIST UNTIL AN AGENCY AGREES TO TAKE CUSTODY OF THE CHILD; IF AN ADOPTION AGENCY FAILS TO TAKE CUSTODY OF THE CHILD, THEN THE DEPARTMENT SHALL TAKE CUSTODY OF THE CHILD; TO PROVIDE THAT THE ENTITY OR PERSON THAT ULTIMATELY TAKES CUSTODY OF THE CHILD SHALL BE RESPONSIBLE FOR ALL MEDICAL COSTS AND OTHER COSTS INCURRED PRIOR TO THE CHILD BEING PLACED IN THE CARE OF THE ENTITY OR PERSON AND SUCH ENTITY OR PERSON SHALL REIMBURSE THE HOSPITAL FOR SUCH COSTS; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Section 43-15-203, Mississippi Code of 1972, is amended as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 43-15-203. (1) * * *No later than the close of the first business day after the date on which an emergency medical services provider takes possession of a child pursuant to Section 43‑15‑201, the provider shall notify the Department of Child Protection Services that the provider has taken possession of the child. |
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| 20 | 20 | | |
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| 21 | 21 | | (2) The department shall assume the care, control and custody of the child immediately on receipt of notice pursuant to subsection (1). The department shall be responsible for all medical and other costs associated with the child and shall reimburse the hospital for any costs incurred prior to the child being placed in the care of the department. If a child is relinquished to an adoption agency licensed pursuant to Section 43-15-105 and the adoption agency has the ability and desire to take custody of the child and to place the child for adoption, the adoption agency shall, as an emergency medical services provider under this article, do the following: |
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| 22 | 22 | | |
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| 23 | 23 | | (a) Immediately transport the child or arrange for the child to be transported to a hospital for a physical examination. |
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| 24 | 24 | | |
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| 25 | 25 | | (b) Immediately call the department to inform that a child has been left with the adoption agency, of the location of the hospital where the adoption agency transported the child or arranged for the child to be transported, and that the adoption agency will take custody of the child after the hospital completes the physical examination. |
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| 26 | 26 | | |
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| 27 | 27 | | (c) Take custody of the child from the hospital |
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| 28 | 28 | | |
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| 29 | 29 | | within forty-eight (48) hours after the hospital completes the physical examination. |
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| 30 | 30 | | |
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| 31 | 31 | | (2) If a child is relinquished to an adoption agency licensed pursuant to Section 43-15-105 and the adoption agency does not have the ability or desire to take custody of the child and place the child for adoption, the adoption agency shall do the following: |
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| 32 | 32 | | |
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| 33 | 33 | | (a) Immediately transport the child or arrange for the child to be transported to a hospital for a physical examination. |
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| 34 | 34 | | |
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| 35 | 35 | | (b) Immediately call the department to inform it that a child has been left with the adoption agency as an emergency medical services provider under this article, of the location of the hospital where the adoption agency transported the child or arranged for the child to be transported, and that the adoption agency will not take custody of the child after the hospital completes the physical examination. |
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| 36 | 36 | | |
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| 37 | 37 | | (3) If a child is relinquished to a licensed hospital, the |
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| 38 | 38 | | |
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| 39 | 39 | | staff of the facility shall do the following: |
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| 40 | 40 | | |
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| 41 | 41 | | (a) Immediately complete a physical examination. |
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| 42 | 42 | | |
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| 43 | 43 | | (b) Immediately call the department to inform it that a child has been relinquished at the facility. |
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| 44 | 44 | | |
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| 45 | 45 | | (4) If a child is relinquished to an emergency medical services provider other than an adoption agency or licensed hospital, the staff of the facility shall do the following: |
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| 46 | 46 | | |
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| 47 | 47 | | (a) Immediately transfer the child to a hospital for a physical examination. |
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| 48 | 48 | | |
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| 49 | 49 | | (b) Immediately call the department to inform it that a child has been relinquished at the facility and of the location of the hospital where the emergency medical services provider transported the child. |
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| 50 | 50 | | |
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| 51 | 51 | | (5) Within eight (8) hours after the department is contacted pursuant to subsections (2), (3) or (4) of this section, the department shall contact the next licensed adoption agency on a rotating list maintained by the department until the department contacts an adoption agency that agrees to take custody of the child. The adoption agency must take custody of the child from the hospital within forty-eight (48) hours after the hospital completes the physical examination. |
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| 52 | 52 | | |
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| 53 | 53 | | (6) If no adoption agency takes custody of the child pursuant to this section within forty-eight (48) hours after the hospital completes the physical examination, the department shall take custody of the child. |
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| 54 | 54 | | |
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| 55 | 55 | | (7) Notwithstanding any other law, before a licensed adoption agency or the department takes custody of a child pursuant to this section, a licensed hospital may make health care treatment decisions for the child. A licensed hospital which makes a good faith medical decision pursuant to this subsection is immune from liability. |
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| 56 | 56 | | |
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| 57 | 57 | | ( * * *38) (a) * * * Immediately after assuming legal custody of the infant, the department A hospital which receives a child for a physical examination under this section shall immediately contact the local law enforcement agency in the municipality or county in which the infant was surrendered and the Department of Public Safety to determine whether the infant is a missing child in this state or another state. If the department determines that the infant is a missing child, then the department shall perform its due diligence to reunite the infant with his or her family. |
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| 58 | 58 | | |
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| 59 | 59 | | (b) A law enforcement agency that is contacted under the provisions of this subsection shall investigate whether the child is reported as missing. |
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| 60 | 60 | | |
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| 61 | 61 | | (c) For purposes of this subsection ( * * *38), the term "missing child" means person under the age of eighteen (18) reported to police or by police as someone whose whereabouts are unknown for any reason. |
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| 62 | 62 | | |
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| 63 | 63 | | (9) The entity or individual that ultimately takes custody of the child shall be responsible for all medical and other costs associated with the child and shall reimburse the hospital for any costs incurred prior to the child being placed in the care of the entity or individual. |
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| 64 | 64 | | |
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| 65 | 65 | | (10) An adoption agency that takes custody of the child must comply with all state and federal laws regarding adoption and placement of children. |
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| 66 | 66 | | |
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| 67 | 67 | | (11) The department shall inform an adoption agency when it has rotated to the top of the contact list and inform it that the department will notify it the next time a child is relinquished to an emergency medical services provider under this section. An adoption agency may contact the department to be placed on the rotating list maintained by the department pursuant to this section if it is licensed pursuant to Section 45-15-105. |
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| 68 | 68 | | |
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| 69 | 69 | | (12) The protocols prescribed in this section apply only to an unharmed child who is forty-five (45) days of age or younger and who is not alleged to have been neglected or abused. If a child who is transported to a hospital is older than forty-five (45) days or has been harmed, the hospital shall contact the department, and the department shall take custody of the child. |
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| 70 | 70 | | |
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| 71 | 71 | | (13) For purposes of this section, "custody" means the |
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| 72 | 72 | | |
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| 73 | 73 | | legal authority to act on behalf of a child including the |
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| 74 | 74 | | |
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| 75 | 75 | | following: |
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| 76 | 76 | | |
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| 77 | 77 | | (a) The duty and authority to make decisions that |
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| 78 | 78 | | |
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| 79 | 79 | | affect the child, including medical decisions. |
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| 80 | 80 | | |
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| 81 | 81 | | (b) The authority to file a petition for termination |
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| 82 | 82 | | |
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| 83 | 83 | | of parental rights. |
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| 84 | 84 | | |
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| 85 | 85 | | SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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