Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1617 Compare Versions

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2-SB1617 HFLR Page 1
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52-HOUSE OF REPRESENTATIVES - FLOOR VERSION
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54-STATE OF OKLAHOMA
55-
56-2nd Session of the 58th Legislature (2022)
57-
58-COMMITTEE SUBSTITUTE
59-FOR ENGROSSED
60-SENATE BILL NO. 1617 By: Dugger of the Senate
28+ENGROSSED SENATE
29+BILL NO. 1617 By: Dugger of the Senate
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6433 West (Kevin) of the House
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70-COMMITTEE SUBSTITUTE
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7238 An Act relating to boards and commissions; amending
7339 47 O.S. 2021, Section 759, as last amended by Section
7440 3, Chapter 283, O.S.L. 2021, which relates to the
7541 Board of Tests for Alcohol and D rug Influence;
76-amending 63 O.S. 2021, Section 330.52, which relates
77-to Oklahoma State Board of Examiners fo r Long-Term
78-Care Administrators; amending 73 O. S. 2021, Section
79-83.1, which relates to the Capitol-Medical Center
80-Improvement and Zoning Commission; amending 74 O.S.
42+extending sunset termination date; amending 73 O.S.
43+2021, Section 83.1, which relates to the Capitol-
44+Medical Center Improvement and Zoning Commission;
45+extending sunset termination date; amending 74 O.S.
8146 2021, Section 7005, which relates to the oversight
8247 committee for state employee charitable
8348 contributions; extending su nset termination date;
8449 providing an effective date; and declaring an
8550 emergency.
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9056 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
9157 SECTION 1. AMENDATORY 47 O.S. 2021, Secti on 759, as last
9258 amended by Section 3, Cha pter 283, O.S.L. 2021, is amended to read
9359 as follows:
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60+Section 759. A. There is hereby re-created, to continue until
61+July 1, 2022 July 1, 2025, in accordance with the provisions of the
62+Oklahoma Sunset Law, the Board of Tests for Alcohol and Drug
63+Influence to be composed of the following members beginning July 1,
64+2015:
65+
66+ENGR. S. B. NO. 1617 Page 2 1
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144-Section 759. A. There is hereby re-created, to continue until
145-July 1, 2022 July 1, 2025, in accordance with the provisions of the
146-Oklahoma Sunset Law, the Board of Tests for Alcohol and Drug
147-Influence to be composed of the following members beginning July 1,
148-2015:
14991 1. The Dean of the Oklahoma State University College of
15092 Osteopathic Medicine, or a designee;
15193 2. The Dean of the Universit y of Oklahoma College of Medicine,
15294 or a designee;
15395 3. The Commissioner of Public Saf ety, or a designee;
15496 4. The Director of the Oklahoma St ate Bureau of Investigation,
15597 or a designee;
15698 5. The State Commission er of Health, or a designee;
15799 6. The Director of the Council on Law Enforcement Education and
158100 Training, or a designee;
159101 7. One certified peace officer who is a member of a local law
160102 enforcement agency selected by the Oklahoma Sheriffs and Peace
161103 Officers Association; and
162104 8. One person selected by the Okl ahoma Association of Chiefs of
163105 Police.
164106 Members shall serve without pay other than reimbur sement of
165107 necessary and actual expenses as provide d in the State Travel
166108 Reimbursement Act. Each member shall receive an appointment in
167109 writing which shall become a pe rmanent part of the records of the
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110+Board. The chair and vice -chair shall be elected from the
111+membership of the Board every two (2) years. The Board is
112+authorized to appoint a State Director of Tests for Al cohol and Drug
113+Influence and other employees , including, but not limited to,
114+persons to conduct training and provide administrative assist ance as
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218-Board. The chair and vice-chair shall be elected from the
219-membership of the Board every two (2) years. The Board is
220-authorized to appoint a State Director of Tests for Alcohol a nd Drug
221-Influence and other employees , including, but not limited to,
222-persons to conduct training and provide administrative assist ance as
223141 necessary for the performance of its funct ions, subject to available
224142 funding and authorized full -time equivalent employee limitations.
225143 The Board may expend ap propriated funds for purposes consistent with
226144 Sections 751 through 761 of this title and Sections 301 through 308
227145 of Title 3 of the Oklahom a Statutes. The Legislature shall
228146 appropriate funds to the Departme nt of Public Safety for the support
229147 of the Board of Tests For Alcohol and Drug Influence and its
230148 employees, if any. Upon the transfer of any employees from the
231149 Alcohol Drug Countermeasure s Unit of the Department of Public Safety
232150 to the Board of Tests For Alcohol and Drug Influence on July 1,
233151 2003, all funds of the Unit appropriated and budgeted shall be
234152 transferred to the Board, and may be budgeted and expended to
235153 support the functions and personnel of the Board.
236-B. Collection of a person s blood to be considere d valid and
154+B. Collection of a person 's blood to be considered valid and
237155 admissible in evidence, whethe r performed by or at the direction of
238156 a law enforcement officer or at the request of the tested person,
239157 shall have been performed by a pers on authorized to collect blood
240158 pursuant to the provisions of Section 752 of this title. Analysis
241-of a person’s blood to be considered valid and admissible in
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159+of a person's blood to be considered valid and admissible in
160+evidence, whether performed by or at the direct ion of a law
161+enforcement officer or at the request of the tested person, shall
162+have been performed by a laboratory acc redited in accordance with
163+ISO/IEC 17025 as defin ed in Section 150.37 of Title 74 of the
164+Oklahoma Statutes.
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292-evidence, whether performed by or at the direct ion of a law
293-enforcement officer or at the request of the tested person, shall
294-have been performed by a laboratory accredited in accordance with
295-ISO/IEC 17025 as defin ed in Section 150.37 of Title 74 of the
296-Oklahoma Statutes.
297-C. Collection of a person ’s breath, to be considered valid and
191+C. Collection of a person 's breath, to be considered valid and
298192 admissible in evidence:
299193 1. Shall have been performed by an individual possessing a
300194 valid permit issued by the Board of Tests for Alc ohol and Drug
301195 Influence for this purpose; and
302196 2. Shall have been performed on a breath a lcohol measurement
303197 device appearing on the most cu rrent conforming products list of
304198 such devices published by the U.S. Department of Transportation in
305199 the Federal Register, and utilizing a calibrating unit appearing on
306200 the most current conforming products list of such devices published
307201 by the U.S. Department of Transportation in the Federal Register;
308202 3. Shall have been p erformed on a device maintained by the
309203 Board of Tests for Alcohol and Drug Influence; and
310204 4. Shall have been performed in accordance with the operating
311205 procedure prescribed by the State D irector of Tests or the Board of
312206 Test for Alcohol and Drug Influence .
313207 D. The Board is authorized to prescribe unifor m standards and
314208 conditions for, and to approve satisfactory methods, procedures,
315209 techniques, devices, equipment and records for tests and a nalyses
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210+and to prescribe and approve the requisite education and tra ining
211+for the performance of tests or analyses of breath to determine the
212+breath alcohol concentration. The Board shall establish standar ds
213+for and ascertain the qualifications and compet ence of individuals
214+to administer tests and analyses of breath to de termine the breath
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366-and to prescribe and approve the requisite education and training
367-for the performance of tests or analyses of breath to determine the
368-breath alcohol concentration. The Board shall establish standar ds
369-for and ascertain the qualifications and compet ence of individuals
370-to administer tests and analyses of breath to determine the breath
371241 alcohol concentration, and to issue permits to individuals which
372242 shall be subject to suspension or revocation at the di scretion of
373243 the Board. The Board is authorized to prescribe uniform standards,
374244 conditions, methods, procedures, techn iques, devices, equipment and
375245 records for the collection, handling, retention, storage,
376246 preservation and delivery of specimens of blood, b reath, saliva and
377247 urine obtained for the purpose o f determining the alcohol
378248 concentration thereof or the presence or c oncentration of any other
379249 intoxicating substance therein. The Board may take such other
380250 actions as may be reasonably necessary or appropr iate to effectuate
381251 the purposes of Sections 751 th rough 761 of this title and Sections
382252 301 through 308 of Title 3 of t he Oklahoma Statutes, and may adopt,
383253 amend and repeal such other rules consistent with this chapter as
384254 the Board shall determine proper. The Board is authorized to
385255 delegate authority gra nted in this section to the State Director of
386256 Tests as it deems appr opriate.
387257 E. The Board shall promulgate rules ado pting uniform standards
388258 and conditions and rules approving devices, equipment, methods,
389259 procedures, techniques, and records for screening t ests administered
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260+for the purpose of determining the presence or con centration of
261+alcohol or any other intoxicating s ubstance in a person's blood,
262+breath, saliva or urine. Such screening tests shall be per formed in
263+compliance with the rules adopted by the Board of Tests for Alcohol
264+and Drug Influence. For purposes of thi s subsection, "screening
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440-for the purpose of determining the presence or concentrat ion of
441-alcohol or any other intoxicating s ubstance in a person’s blood,
442-breath, saliva or urine. Such screening tests shall be per formed in
443-compliance with the rules adopted by the Board of Tests for Alcohol
444-and Drug Influence. For purposes of this subse ction, "screening
445291 test" means the use of devices, equipment, methods, procedures,
446292 techniques and records by law enforcement officer s at roadside to
447293 assist in the development of prob able cause.
448294 F. The Board may set rules and charge appropriate fees for
449295 operations incidental to its required duties and responsibilities.
450296 G. There is hereby created in the State Treasury a revolving
451297 fund for the Board of Tests for Alcohol and Drug Influe nce to be
452298 designated the "Board of Tests for Alcohol and Drug Influe nce
453299 Revolving Fund". The fund shall be a continu ing fund, not subject
454300 to fiscal year limitations, and shall consist of monies received
455301 pursuant to the provisions of subsection F of this s ection and any
456302 funds previously deposited in the Board of Tests for Alcohol and
457303 Drug Influence Revolving Fund. All m onies accruing to the credit of
458304 the fund are hereby appropriated and may be budgeted and expended by
459305 the Board of Tests for Alcohol and Dru g Influence for operating
460306 expenses of the Board. Expenditures from the funds shall be made
461307 upon warrants issued by t he State Treasurer against claims filed as
462308 prescribed by law with the Director of the Off ice of Management and
463309 Enterprise Services for appr oval and payment.
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310+SECTION 2. AMENDATORY 73 O.S. 2021, Section 83.1, is
311+amended to read as follows:
312+Section 83.1. A. There is hereby re -created to continue until
313+July 1, 2022 July 1, 2025, in accordance with the Oklahoma Sunset
314+Law, a Capitol-Medical Center Improvement and Zoning Commission to
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514-SECTION 2. AMENDATORY 63 O.S. 2 021, Section 330.52, is
515-amended to read as follows:
516-Section 330.52 A. There is hereby re-created, to continue
517-until July 1, 2022 July 1, 2025, in accordance with the provisions
518-of the Oklahoma Sunset Law, the Oklahoma State Board of Examiners
519-for Long-Term Care Administrators. The Oklahoma Stat e Board of
520-Examiners for Long-Term Care Administrators shall consist of fifteen
521-(15) members, eight of whom shall be representatives of th e
522-professions and institutions of long -term care, with representation
523-from each type of administrator defined in Secti on 330.51 of this
524-title. In order to be e ligible to serve as a member, such
525-administrators shall be licensed or certified in their define d
526-facility type, and be in good standing and have at least three (3)
527-years of experience as an administrator in the fa cility type they
528-represent, except a nursi ng facility administrator as defined in
529-Section 330.51 of this title, who shall have at least fi ve (5) years
530-of experience as a nursing facility administrator. Four member s
531-shall represent the general public, of w hich at least two shall be
532-licensed medical professionals concerned with the care and tr eatment
533-of critically ill or infirm elderly patien ts. The preceding twelve
534-members shall be appointed by the Governor, with t he advice and
535-consent of the Senate. The final three members shall constitute the
536-State Commissioner of Health, the Director of t he Department of
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341+exercise the functions and perform the duties hereinafter
342+prescribed.
343+B. The Commission shall be composed of eleven (11) members as
344+follows:
345+1. The Director of the Office of Management and Ent erprise
346+Services or his or her designee, who shall be ex officio chair of
347+the Capitol-Medical Center Improvement and Zoning Commission;
348+2. The Director of the Transportation Commission or his or her
349+designee;
350+3. The President of the University of Oklahom a or his or her
351+designee;
352+4. Two members appointed by the Presi dent Pro Tempore of the
353+Senate;
354+5. Two members appointed by the Speaker of the House of
355+Representatives;
356+6. The Chair of the Planning Commission of Oklahoma City or his
357+or her designee;
358+7. The Chair of the Long-Range Capital Planning Commission; and
359+8. Two members of the Commission appointed by the Governor,
360+with the advice and consent of the State Senate, for four -year
361+staggered terms with one term expiring on January 31 of each even -
362+numbered year.
363+C. One of the two members shall be appointed upon the
364+recommendation of the Citizens' Advisory Committee. The Commission
365+
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587-Human Services, and the Director of the Department of Mental Health
588-and Substance Abuse Services, or their de signees.
589-B. No members other than the eig ht licensed or certified
590-administrators shall have a direct or indirect financial intere st in
591-long-term care facilities.
592-C. Effective November 1, 2011, all appointed positions of the
593-current Board shall be deemed vacant. The Governor shall make
594-initial appointments pursuant to the provisions of this subsection.
595-Initial appointments shall b ecome effective on November 1, 2011.
596-The new members of the Board shall be initially appointed as
597-follows:
598-1. Four of the members representing each administrator type ,
599-two members representing the general pub lic and two other members
600-shall be appointed f or a term of two (2) years to expire on October
601-31, 2013; and
602-2. Four of the members representing each administrator type,
603-two members representing the general public and one other member
604-shall be appointed fo r a term of three (3) years to expire on
605-October 31, 2014.
606-D. After the initial terms, the term s of all appointive members
607-shall be three (3) years. Any vacancy occurring in the position of
608-an appointive member s hall be filled by the Governor, with the
609-advice and consent of the Senate, for the unexp ired term.
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391+is authorized to appoint and hire a Director, who shall serve as the
392+chief administrative officer of the Commission, and ot her necessary
393+personnel. The Attorney General of the State of O klahoma shall be
394+the legal advisor to the Commission in the same capacity as he or
395+she is to other boards and commissions.
396+D. At least one of the members appointed by the President Pro
397+Tempore of the Senate and the Speaker of the House of
398+Representatives shall be a resident within the boundaries of the
399+Capitol-Medical Center Improvement and Zoning District as set forth
400+in Section 83 of this title.
401+SECTION 3. AMENDATORY 74 O.S. 2021, Section 7005, is
402+amended to read as follows:
403+Section 7005. A. The Oversight Committee for State Employee
404+Charitable Contributions shall be composed of the Director of the
405+Office of Management a nd Enterprise Services, or designee and six
406+state employees, of which two shall be appointed by the Governor,
407+two shall be appointed by the President Pro Tempore of the Senate
408+and two shall be appointed by the Speaker of the House of
409+Representatives. Memb ers shall serve at the pleasure of their
410+appointing authorities. The provisions of Section 6 of Title 51 of
411+the Oklahoma Statutes shall not apply to appointments to the
412+Committee. The Committee is re-created to continue until July 1,
413+2022 July 1, 2025, in accordance with the provisions of the Oklaho ma
414+Sunset Law.
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660-E. Any member of the Board shall recus e himself or herself from
661-voting on any matter that originated from or invol ves an entity with
662-which the Board member is affiliated.
663-SECTION 3. AMENDATORY 73 O.S. 2021, Section 83. 1, is
664-amended to read as follows:
665-Section 83.1 A. There is hereby re -created to continue until
666-July 1, 2022 July 1, 2025, in accordance with the Oklahoma Sunset
667-Law, a Capitol-Medical Center Improvement and Z oning Commission to
668-exercise the functions an d perform the duties hereinafter
669-prescribed.
670-B. The Commission shall be composed of eleven (11) members as
671-follows:
672-1. The Director of the Office of Management and Ent erprise
673-Services or his or her designee, w ho shall be ex officio chair of
674-the Capitol-Medical Center Improvement and Zoning Commission;
675-2. The Director of the Transportation Commission or his or her
676-designee;
677-3. The President of the University of Oklahom a or his or her
678-designee;
679-4. Two members appointed by the President Pro Tempore of the
680-Senate;
681-5. Two members appointed by the Speaker of the House of
682-Representatives;
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441+B. The Committee annually shall elect a chairma n from its
442+membership. The Director of the Office of Management and Ente rprise
443+Services shall serve as chairman until the first such election.
444+C. The Oversight Committee for State Employee Ch aritable
445+Contributions shall have the following duties and resp onsibilities:
446+1. Arrange for publication of information about the applic ation
447+process;
448+2. Review applications of federations electing to particip ate
449+in the State Charitable Campaign and certi fy that a federation and
450+each of its member agencies meet the e ligibility criteria set forth
451+in Sections 7009 and 7010 of this title;
452+3. Notify in writing each of the applying federations of its
453+acceptance or rejection. Provided, if a federation is rejec ted, the
454+Committee shall provide the reason for rejection of ea ch of the
455+member agencies of the federation;
456+4. Hear appeals of rejected agencies;
457+5. Delegate to the principal combined fund -raising organization
458+the primary responsibility for the staffing and the financial
459+obligations necessary to comply with the prov isions of this
460+subsection;
461+6. Develop a pledge card to be used throughou t the State
462+Charitable Campaign;
463+
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733-6. The Chair of the Planning Commission of Oklahoma City or his
734-or her designee;
735-7. The Chair of the Long-Range Capital Planni ng Commission; and
736-8. Two members of the Com mission appointed by the Governor,
737-with the advice and consent of the State Senate, for four -year
738-staggered terms with one term expiring on January 31 of each even -
739-numbered year.
740-C. One of the two members shall be appointed upon the
741-recommendation of the Citizens’ Advisory Committee. The Commission
742-is authorized to appoint and hire a Director, who shall serve as the
743-chief administrative officer of the Commission, and ot her necessary
744-personnel. The Attorney Gen eral of the State of Oklahoma shall be
745-the legal advisor to the Commission in the same capacity as he or
746-she is to other boards and commissions.
747-D. At least one of the members appointed by the President Pro
748-Tempore of the Senate and the Speaker of the Hou se of
749-Representatives shall be a resident wit hin the boundaries of the
750-Capitol-Medical Center Improvement and Zoning District as set forth
751-in Section 83 of this title.
752-SECTION 4. AMENDATORY 74 O.S. 2021, Section 7005, is
753-amended to read as follows:
754-Section 7005. A. The Oversight Committee for State Employee
755-Charitable Contributions shall be composed of the Director of the
756-Office of Management a nd Enterprise Services, or designee and six
757-SB1617 HFLR Page 11
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489+7. Select a principal combined fund -raising organization to
490+assist the Committee in ga thering and accumulating the applications;
491+and
492+8. Promulgate rules to implement the provisions of the Oklahoma
493+State Employee Charitabl e Contribution Act.
494+D. The Office of Management and Enterprise Services shall
495+provide such staff support as is required by the Committee.
496+E. The Oversight Committee for State Employ ee Charitable
497+Contributions is authorized to appoint such advisory counci ls and
498+task forces as it deems necessary for counsel, advice and review
499+concerning the formulation and administration of the rules,
500+application review process and the implementation o f the Oklahoma
501+State Employee Charitable Contribution Act.
502+SECTION 4. This act shall become effective July 1, 2022.
503+SECTION 5. It being immediately necessary f or the preservation
504+of the public peace, health or safety, an e mergency is hereby
505+declared to exist, by reason whereof this act shall ta ke effect and
506+be in full force from and after its passage and approval.
507+
508+ENGR. S. B. NO. 1617 Page 11 1
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807-state employees, of which two shall be appo inted by the Governor,
808-two shall be appointed by the President Pro Tempore of the Senate
809-and two shall be appointed by the Speaker of the House of
810-Representatives. Memb ers shall serve at the pleasure of their
811-appointing authorities. The provisions of Sec tion 6 of Title 51 of
812-the Oklahoma Statutes s hall not apply to appointments to the
813-Committee. The Committee is re-created to continue until July 1,
814-2022 July 1, 2025, in accordance with the provisions of the Oklaho ma
815-Sunset Law.
816-B. The Committee annually shall elect a chairman from its
817-membership. The Director of the Office of Management and Ente rprise
818-Services shall serve as chairman until the first such election.
819-C. The Oversight Committee for State Employee Ch aritable
820-Contributions shall have the fol lowing duties and responsibilities:
821-1. Arrange for publication of information about the applic ation
822-process;
823-2. Review applications of federations electing to particip ate
824-in the State Charitable Campaign and certi fy that a federation and
825-each of its member agencies meet the eligibility criteria set forth
826-in Sections 7009 and 7010 of this title;
827-3. Notify in writing each of the applying federations of its
828-acceptance or rejection. Provided, if a federation is rejec ted, the
829-Committee shall provide the reas on for rejection of each of the
830-member agencies of the federation;
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533+Passed the Senate the 8th day of March, 2022.
880534
881-4. Hear appeals of rejected agencies;
882-5. Delegate to the principal combined fund -raising organization
883-the primary responsibility for the staffing and the financial
884-obligations necessary t o comply with the provisions of this
885-subsection;
886-6. Develop a pledge card to be used throughou t the State
887-Charitable Campaign;
888-7. Select a principal combined fund -raising organization to
889-assist the Committee in ga thering and accumulating the applications ;
890-and
891-8. Promulgate rules to implement the p rovisions of the Oklahoma
892-State Employee Charitabl e Contribution Act.
893-D. The Office of Management and Enterprise Services shal l
894-provide such staff support as is required by the Committee.
895-E. The Oversight Comm ittee for State Employee Charitable
896-Contributions is authorized to appoint such advisory counci ls and
897-task forces as it deems necessary for counsel, advice and review
898-concerning the formulation and administration of the rules,
899-application review process an d the implementation of the Oklahoma
900-State Employee Charitable Contribution Act.
901-SECTION 5. This act shall become effective July 1, 2022.
902-SECTION 6. It being immediately necessary f or the preservation
903-of the public peace, health or safety, an emergency is hereby
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954-declared to exist, by reason whereof this act shall ta ke effect and
955-be in full force from and after its passage and approval.
956536
957-COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES, dated
958-04/14/2022 - DO PASS, As Amended.
537+ Presiding Officer of the Senate
538+
539+
540+Passed the House of Repres entatives the ____ day of __________,
541+2022.
542+
543+
544+
545+ Presiding Officer of the House
546+ of Representatives
547+