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3 | + | ENGR. S. A. TO ENGR. H. B. NO. 2052 Page 1 1 | |
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28 | + | ENGROSSED SENATE AMENDMENT | |
29 | + | TO | |
30 | + | ENGROSSED HOUSE | |
3 | 31 | BILL NO. 2052 By: Roberts, Wolfley, Hilbert, | |
4 | - | Lawson, Olsen, West (Josh), | |
5 | - | and Maynard of the House | |
32 | + | and Lawson of the House | |
6 | 33 | ||
7 | 34 | and | |
8 | 35 | ||
9 | - | Bergstrom, Hamilton, Jett, | |
10 | - | Bullard, Standridge, Woods, | |
11 | - | Gollihare, and Stewart of | |
12 | - | the Senate | |
36 | + | Bergstrom of the Senate | |
13 | 37 | ||
14 | 38 | ||
15 | 39 | ||
16 | 40 | ||
17 | 41 | ||
42 | + | [ elections - multistate voter list maintenance | |
43 | + | organizations – penalties – litigation - annual | |
44 | + | publishing of information - effective date ] | |
18 | 45 | ||
19 | - | An Act relating to elections; amen ding 26 O.S. 2021, | |
46 | + | ||
47 | + | ||
48 | + | ||
49 | + | AUTHOR: Add the following House Coauthors: Olsen and West (Josh) | |
50 | + | ||
51 | + | AUTHOR: Add the following Senate Coauthors: Hamilton, Jett, | |
52 | + | Bullard, Standridge, Woods, and Golli hare | |
53 | + | ||
54 | + | ||
55 | + | AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause | |
56 | + | and entire bill and insert | |
57 | + | ||
58 | + | ||
59 | + | “An Act relating to elections; amending 26 O.S. 2021, | |
20 | 60 | Sections 4-121, as amended by Section 20, Chapter | |
21 | 61 | 282, O.S.L. 2022, and 7 -103.2, as amended by Section | |
22 | 62 | 6, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022, | |
23 | 63 | Sections 4-121 and 7-103.2), which relate to | |
24 | 64 | multistate voter list maintenance organizations and | |
25 | 65 | registered voter lists; authorizing expenditure o f | |
26 | 66 | funds for certain purpose; modifying authority to | |
27 | 67 | join certain organizations; requiring certain | |
28 | - | certification; prohibiting license | |
68 | + | certification; prohibiting license date from non - | |
29 | 69 | citizens; establishing requirements for membership in | |
30 | 70 | certain organizations; authorizing use of certain | |
31 | 71 | data by Secretary of the State Election Board; | |
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32 | 98 | requiring withdrawal as member of organization under | |
33 | 99 | certain circumstances; authorizing civil action for | |
34 | 100 | certain violations; requiring annual publication of | |
35 | 101 | certain information; authorizing Secretary of the | |
36 | 102 | State Election Board to enter into certain | |
37 | 103 | agreements; modifying requirements for sharing of | |
38 | 104 | certain lists; requiring certain information be made | |
39 | 105 | available to the public free of charge; and providing | |
40 | 106 | an effective date. | |
41 | 107 | ||
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43 | 109 | ||
44 | - | ||
45 | - | SUBJECT: Elections | |
46 | - | ENR. H. B. NO. 2052 Page 2 | |
47 | 110 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
48 | - | ||
49 | 111 | SECTION 1. AMENDATORY 26 O.S. 2021, Section 4-121, as | |
50 | 112 | amended by Section 20, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022, | |
51 | 113 | Section 4-121), is amended to read as follows: | |
52 | - | ||
53 | - | Section 4-121. A. The Secretary of the State Election Board | |
54 | - | may join the State of Oklahoma as a member in one or more multistate | |
114 | + | Section 4-121 A. The Secretary of the State Election Board may | |
115 | + | join the State of Oklahoma as a member in one or more multistate | |
55 | 116 | voter list maintenance organizations including, but not limited to , | |
56 | 117 | the Electronic Registration Information Center (ERIC) o r its | |
57 | 118 | successor. The Secretary is authorized to expend funds as available | |
58 | 119 | for membership fees, dues and other expenses related to such | |
59 | 120 | membership or to an agreement as described in subsection H of t his | |
60 | 121 | section. Prior to the State of Oklahoma joining a multistate voter | |
61 | 122 | list maintenance orga nization, the organization shal l certify in | |
62 | 123 | writing to the Secretary of the State Election Board that membership | |
63 | 124 | in the organization meets the requirem ents of this section. | |
64 | - | ||
65 | 125 | B. Upon membership in an organization as provided in subsection | |
66 | 126 | A of this section, the Secretary of the Sta te Election Board may | |
67 | 127 | provide voter registration data to the organization and Service | |
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68 | 154 | Oklahoma may provide motor vehicle license dat a to the organization | |
69 | 155 | if such data is required to be provided as a condition of | |
70 | 156 | membership. The voter registration data and motor vehicle license | |
71 | 157 | data described in this subsection may include a person’s name, | |
72 | 158 | address, date of birth, driver license or stat e identification | |
73 | 159 | number, last four digits of a Social Security number or any other | |
74 | 160 | data required by the organization. Motor vehicle license data shall | |
75 | 161 | not be provided for persons who are identified as not being citi zens | |
76 | 162 | of the United States. The transmission and storage of such data | |
77 | 163 | shall be done in a secure manner. | |
78 | - | ||
79 | 164 | C. If a The Secretary of the State Election Board shall not | |
80 | 165 | join a multistate voter list maintenance organiz ation of which this | |
81 | 166 | state is a member identifies Oklahoma residents who are citizens of | |
82 | 167 | the United States eligible to vote but not yet registered, the | |
83 | 168 | Secretary of the State Election Board may notify such citizens about | |
84 | 169 | the procedure for becoming a registered voter in thi s state. The | |
85 | 170 | Secretary may delegate the contacting of such citizens to the | |
86 | 171 | secretary of the appropriate county election board if any of the | |
87 | 172 | following requirements are a condition of membership in the | |
88 | 173 | organization: | |
89 | - | ||
90 | 174 | 1. A notification is required to be sent to person s who are | |
91 | - | eligible to vote but not yet registered to vote; ENR. H. B. NO. 2052 Page 3 | |
92 | - | ||
175 | + | eligible to vote but not yet registered to vote; | |
93 | 176 | 2. Membership in the organization includes any person or entity | |
94 | 177 | other than a state or territory of the United States; | |
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96 | 204 | 3. The governing board of the organization includes any member | |
97 | 205 | or ex officio member who is not a representative of a state or | |
98 | 206 | territory of the United States; or | |
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100 | 207 | 4. The organization provides or releases voter registration | |
101 | 208 | data or motor vehicle license dat a received from this state to any | |
102 | 209 | party other than a state or territory of the United States th at is a | |
103 | 210 | member of the organization . | |
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105 | 211 | D. 1. If a multistate voter list maintenance organization of | |
106 | 212 | which this state is a member provides United States Postal Service | |
107 | 213 | National Change of Address data regarding registered voters who have | |
108 | 214 | changed their address of residence within the state, the Secretary | |
109 | 215 | of the State Election Board may use the data pursuant to the | |
110 | 216 | provisions of Section 4-118.1, 4-120.2 or 7-115.1 of Title 26 of the | |
111 | 217 | Oklahoma Statutes this title or the federal National Voter | |
112 | 218 | Registration Act of 1993. | |
113 | - | ||
114 | 219 | 2. If a multistate voter list maintenanc e organization of which | |
115 | 220 | this state is a member provides Social Security Administration death | |
116 | 221 | records matching data regarding voters who are deceased, the | |
117 | 222 | Secretary of the State Election Board may use the dat a as authorized | |
118 | 223 | pursuant to Section 4-120.3 of this title. | |
119 | - | ||
120 | 224 | E. If a multistate voter list maintenance organization of which | |
121 | 225 | this state is a member provides or releases any voter registration | |
122 | 226 | data or motor vehicle license data received from t his state to any | |
123 | 227 | party other than a state or territory that is a member of the | |
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124 | 254 | organization, or if the dat a from this state is used by any member | |
125 | 255 | of the organization for a purpose other than voter list maintenance, | |
126 | 256 | the State of Oklahoma shall immediately withdraw as a membe r of the | |
127 | 257 | organization. | |
128 | - | ||
129 | 258 | F. The Oklahoma Attorn ey General shall have the authority to | |
130 | 259 | bring a civil action against the multistate voter list maintenance | |
131 | 260 | organization in a district court of this state for damages caused by | |
132 | 261 | the sharing of the dat a of this state as described in paragraph 4 of | |
133 | 262 | subsection C of this section. If the Attorney General decline s to | |
134 | 263 | pursue action, the Secretary of the State Election Board , or the | |
135 | 264 | President Pro Tempore of the Senate and the Speak er of the House of | |
136 | - | Representatives jointl y, may bring such civil action. ENR. H. B. NO. 2052 Page 4 | |
137 | - | ||
265 | + | Representatives jointl y, may bring such civil action. | |
138 | 266 | G. 1. The Secretary of the State Election Board shall cause to | |
139 | 267 | be published annually on the website of th e State Election Board the | |
140 | 268 | following costs associated with membership in a mul tistate voter | |
141 | 269 | list maintenance organiza tion: | |
142 | - | ||
143 | 270 | a. annual membership dues, if any, and | |
144 | - | ||
145 | 271 | b. any other costs directly attributable to the s tate’s | |
146 | 272 | membership in the or ganization. | |
147 | - | ||
148 | 273 | 2. The Secretary of the S tate Election Board shall cause to be | |
149 | 274 | published annually on the website of the State Election Boa rd the | |
150 | 275 | following statistical information: | |
151 | - | ||
152 | 276 | a. the number of voter registrations by county that are | |
153 | 277 | canceled on the basis of information received from the | |
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154 | 304 | multistate voter list maintenance organizatio n, and | |
155 | 305 | the reason for the cancellation , and | |
156 | - | ||
157 | 306 | b. such other statistical information deemed appropriate | |
158 | 307 | by the Secretary of the State Election Board. | |
159 | - | ||
160 | 308 | H. The Secretary of the State Election Board may enter into an | |
161 | 309 | agreement with the chief state election official of one or more | |
162 | - | states or territories of the United Sta tes to share or | |
310 | + | states or territories of the United Sta tes to share or crosscheck | |
163 | 311 | voter registration data in a manner consistent with the requirements | |
164 | 312 | for membership in a multistate voter list maintenance organization | |
165 | 313 | described in this section. | |
166 | - | ||
167 | 314 | SECTION 2. AMENDATORY 26 O.S. 2021, Section 7-103.2, as | |
168 | 315 | amended by Section 6, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022, | |
169 | 316 | Section 7-103.2), is amended to read as follows: | |
170 | - | ||
171 | 317 | Section 7-103.2 A. 1. County election boards shall maintain a | |
172 | 318 | current list of all registered vote rs in each precinct, wh ich will | |
173 | 319 | reflect the address and party affiliation of each voter. The list | |
174 | 320 | shall be public information; provided, the. | |
175 | - | ||
176 | 321 | 2. The list shall only be shared with a court system if that | |
177 | 322 | court system agrees to regularly provide the names of persons | |
178 | 323 | convicted of a felony in that court system to the Secretary of the | |
179 | 324 | State Election Board and the appropriate secretary of a county | |
180 | 325 | election board, or if the court system is required by state law to | |
181 | - | provide such informat ion. ENR. H. B. NO. 2052 Page 5 | |
326 | + | provide such informat ion. | |
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183 | 353 | 3. The publicly available voter list shall note any voter for | |
184 | 354 | whom a first-class mailing from the county election board or the | |
185 | 355 | State Election Board was returned undeliverable. | |
186 | - | ||
187 | 356 | B. The Secretary of the State Election Board shall ensure that | |
188 | 357 | an electronic copy of the voter registration list described in | |
189 | 358 | subsection A of this section is made available to the public free of | |
190 | 359 | charge. | |
191 | - | ||
192 | - | SECTION 3. This act shall become effective November 1, 2023. | |
193 | - | ||
194 | - | ||
195 | - | ENR. H. B. NO. 2052 Page 6 | |
196 | - | Passed the House of Representatives the 15th day of May, 2023. | |
197 | - | ||
198 | - | ||
199 | - | ||
200 | - | Presiding Officer of the House | |
201 | - | of Representatives | |
202 | - | ||
360 | + | SECTION 3. This act shall become effective November 1, 2023.” | |
203 | 361 | ||
204 | 362 | Passed the Senate the 25th day of April, 2023. | |
205 | 363 | ||
206 | 364 | ||
207 | 365 | ||
208 | 366 | Presiding Officer of the Senate | |
209 | 367 | ||
210 | 368 | ||
211 | - | OFFICE OF THE GOVERNOR | |
212 | - | Received by the Office of the Governor this ____________________ | |
213 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
214 | - | By: _________________________________ | |
215 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
216 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
369 | + | Passed the House of Representatives the ____ day of _____ _____, | |
370 | + | 2023. | |
217 | 371 | ||
218 | 372 | ||
219 | - | _________________________________ | |
220 | - | Governor of the State of Oklahoma | |
221 | 373 | ||
222 | - | OFFICE OF THE SECRETARY OF STATE | |
223 | - | Received by the Office of the Secretary of State this __________ | |
224 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
225 | - | By: _________________________________ | |
374 | + | Presiding Officer of the House | |
375 | + | of Representatives | |
376 | + | ||
377 | + | ENGR. H. B. NO. 2052 Page 1 1 | |
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402 | + | ENGROSSED HOUSE | |
403 | + | BILL NO. 2052 By: Roberts, Wolfley, Hilbert, | |
404 | + | and Lawson of the House | |
405 | + | ||
406 | + | and | |
407 | + | ||
408 | + | Bergstrom of the Senate | |
409 | + | ||
410 | + | ||
411 | + | ||
412 | + | ||
413 | + | ||
414 | + | [ elections - multistate voter list maintenance | |
415 | + | organizations – penalties – litigation - annual | |
416 | + | publishing of information - effective date ] | |
417 | + | ||
418 | + | ||
419 | + | ||
420 | + | ||
421 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
422 | + | SECTION 4. AMENDATORY 26 O.S. 2021, Section 4 -121, as | |
423 | + | amended by Section 20, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022, | |
424 | + | Section 4-121), is amended to read as f ollows: | |
425 | + | Section 4-121. A. The Secretary of the State Election Board | |
426 | + | may join the State of Oklahoma as a member in one or more multistate | |
427 | + | voter list maintenance organizations including, but not limited to , | |
428 | + | the Electronic Registration Information Center (E RIC) or its | |
429 | + | successor. The Secretary is authorized to expend funds as available | |
430 | + | for membership fees, dues and other expenses related to such | |
431 | + | membership. Prior to the State of Oklahoma joining a multistate | |
432 | + | voter list maintenance orga nization, the organiza tion shall certify | |
433 | + | in writing to the Secretary of the State Election Board that | |
434 | + | ||
435 | + | ENGR. H. B. NO. 2052 Page 2 1 | |
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460 | + | membership in the organization meets the requirem ents of this | |
461 | + | section. | |
462 | + | B. Upon membership in an organization as provided in subsection | |
463 | + | A of this section, the Secretary of the State Election Board may | |
464 | + | provide voter registration data to the organization and Service | |
465 | + | Oklahoma may provide motor vehicle license data to the organization | |
466 | + | if such data is required to be provided as a condition of | |
467 | + | membership. The voter registration data and motor vehicle license | |
468 | + | data described in this subsection may include a person's name, | |
469 | + | address, date of birth, driver license or state id entification | |
470 | + | number, last four digits of a Social Security number or any other | |
471 | + | data required by the organization. Service Oklahoma shall not | |
472 | + | provide motor vehicle lic ense data for persons who are identified as | |
473 | + | not being citizens of the United States or wh ose citizenship status | |
474 | + | is unknown. The transmission and storage of such data shall be done | |
475 | + | in a secure manner. | |
476 | + | C. 1. If a multistate voter list maintenance organiz ation of | |
477 | + | which this state is a member identifi es Oklahoma residents who are | |
478 | + | citizens of the United States eligible to vote but not yet | |
479 | + | registered, the Secretary of th e State Election Board may notify | |
480 | + | such citizens about the procedure for obtaining a voter registration | |
481 | + | application and becoming a registered voter in thi s state. The | |
482 | + | notification shall not include a voter registration application. | |
483 | + | ||
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509 | + | 2. The multistate voter list maintenance o rganization shall | |
510 | + | certify that, to the best of its knowledge, all pers ons it | |
511 | + | identifies as eligible to vote but not yet registered ar e citizens | |
512 | + | of the United States. | |
513 | + | 3. The Secretary may de legate the contacting of such citizens | |
514 | + | to the secretary of the appropriate county election board. | |
515 | + | D. If a multistate voter list maintenance organization of which | |
516 | + | this state is a member provides United States Postal Service | |
517 | + | National Change of Address data regarding registered voters who have | |
518 | + | changed their address of residence within the state, the Secretary | |
519 | + | of the State Election Board may use the data pursuant to the | |
520 | + | provisions of Section 4-118.1, 4-120.2 or 7-115.1 of Title 26 of the | |
521 | + | Oklahoma Statutes this title or the federal National Voter | |
522 | + | Registration Act. | |
523 | + | E. It shall be unlawful for a multistate voter list maintenance | |
524 | + | organization of which thi s state is a member to provide or release | |
525 | + | any voter registration data or motor vehicle license data received | |
526 | + | from the State of Oklahoma to any other party. Provided, this shall | |
527 | + | not prohibit the organization from providing relevant matching | |
528 | + | information to a member state regarding duplicate registrations, | |
529 | + | deaths, or changes of residency involving persons identified in the | |
530 | + | data provided by the State of Oklahoma . Any verified evidence that | |
531 | + | indicates that any voter registration data or motor vehicle license | |
532 | + | data for Oklahoma is being used for purpos es unrelated to voter roll | |
533 | + | ||
534 | + | ENGR. H. B. NO. 2052 Page 4 1 | |
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559 | + | maintenance or is being used for or is being released to any third | |
560 | + | party, except as provided in this subsection , shall result in | |
561 | + | Oklahoma's immediate withdrawal from the multistate voter list | |
562 | + | maintenance organization. Verified ev idence may include Oklahoma | |
563 | + | Open Records Act documents reviewed during investigation by the | |
564 | + | Legislature or the Secretary of the State Election Board that | |
565 | + | indicates that such activity is occurring. | |
566 | + | F. The Oklahoma Attorney General shall have the authority to | |
567 | + | pursue litigation in a district court of this state for damages | |
568 | + | caused by the unlawful sharing of Oklahoma's data as provided in | |
569 | + | subsection E of this se ction against the multistate voter list | |
570 | + | maintenance organization if the data of the state is shared in | |
571 | + | violation of this section. Should the Attorney General decline to | |
572 | + | pursue action, the Secretary of the State Election Board or the | |
573 | + | Legislature by a major ity vote may initiate an action to hire | |
574 | + | outside counsel to sue the multistate voter list maintenance | |
575 | + | organization if Oklahoma's data is shared in violation of this | |
576 | + | section. | |
577 | + | G. On an annual basis, the Secretary of the State Election | |
578 | + | Board shall cause to be published on the website of the State | |
579 | + | Election Board the following costs associated with membership in a | |
580 | + | multistate voter list maintenance or ganization: | |
581 | + | 1. Annual membership dues, if any; | |
582 | + | ||
583 | + | ENGR. H. B. NO. 2052 Page 5 1 | |
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608 | + | 2. Mailings sent to persons identified in subsection C of this | |
609 | + | section, if any; | |
610 | + | 3. Information technology utilized for the transfer or receipt | |
611 | + | of data as described in this s ection; and | |
612 | + | 4. Any other costs d irectly attributable to the s tate's | |
613 | + | membership in the organization. | |
614 | + | H. On an annual basis, the Secretary of the S tate Election | |
615 | + | Board shall cause to be published on the website of the State | |
616 | + | Election Board the following stat istical information: | |
617 | + | 1. The number of voter registrations by county that are | |
618 | + | canceled on the basis of information received from the multistate | |
619 | + | voter list maintenance organization, and the reason for the | |
620 | + | cancellation; | |
621 | + | 2. The number of registered voters by county required to | |
622 | + | receive an address confirmation mailing on the basis of information | |
623 | + | received from the multistate voter list maintenance organiz ation; | |
624 | + | 3. The number of mailings by county for persons identified in | |
625 | + | subsection C of this section; and | |
626 | + | 4. Such other statistical information deemed appropriate by the | |
627 | + | Secretary of the State Election Board. | |
628 | + | SECTION 5. AMENDATORY 26 O.S. 2021, Section 7-103.2, as | |
629 | + | last amended by Section 6, Chapter 293, O.S.L. 2022 (26 O.S. Supp. | |
630 | + | 2022, Section 7-103.2), is amended to rea d as follows: | |
631 | + | ||
632 | + | ENGR. H. B. NO. 2052 Page 6 1 | |
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657 | + | Section 7-103.2 A. 1. County election boards shall maintain a | |
658 | + | current list of all registered vote rs in each precinct, which will | |
659 | + | reflect the address and party affiliation of each voter . The list | |
660 | + | shall be public information; provided, the. | |
661 | + | 2. The list shall only be shared with a court system if that | |
662 | + | court system agrees to regularly provide the names of persons | |
663 | + | convicted of a felony in that court system to the Secretary of the | |
664 | + | State Election Board and the appropriate secretary of a county | |
665 | + | election board, or if the court system is required by state law to | |
666 | + | do so. | |
667 | + | 3. The publicly available voter list shall note any voter for | |
668 | + | whom a first-class mailing from the county election board or the | |
669 | + | State Election Board was returned undeliverable. | |
670 | + | B. The Secretary of the State Election Board shall ensure that | |
671 | + | an electronic copy of the voter registration informatio n eligible to | |
672 | + | be released publicly pursuant to the Oklahoma Open Records Act is | |
673 | + | available to the public free of charge. | |
674 | + | SECTION 6. This act shall become effectiv e November 1, 2023. | |
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702 | + | Passed the House of Representatives the 6th day of March, 2023. | |
703 | + | ||
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707 | + | Presiding Officer of the House | |
708 | + | of Representatives | |
709 | + | ||
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711 | + | ||
712 | + | Passed the Senate the ___ day of __________, 2023. | |
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717 | + | Presiding Officer of the Senate | |
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