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5 | 5 | | 2025 -- H 6002 |
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6 | 6 | | ======== |
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7 | 7 | | LC002085 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM -- |
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16 | 16 | | CONTRIBUTIONS AND BENEFITS |
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17 | 17 | | Introduced By: Representatives Cruz, Ajello, Potter, Casimiro, and Alzate |
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18 | 18 | | Date Introduced: February 28, 2025 |
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19 | 19 | | Referred To: House Finance |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled "Retirement 1 |
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24 | 24 | | System — Contributions and Benefits" is hereby amended to read as follows: 2 |
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25 | 25 | | 36-10-36. Post-retirement employment. 3 |
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26 | 26 | | (a) On and after July 7, 1994, no member who has retired under the provisions of title 16, 4 |
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27 | 27 | | 36, or 45 may be employed or reemployed by any state agency or department unless any and all 5 |
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28 | 28 | | retirement benefits to which the member may be entitled by virtue of the provisions of title 16, 36, 6 |
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29 | 29 | | or 45 are suspended for the duration of any employment or reemployment. No additional service 7 |
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30 | 30 | | credits shall be granted for any post-retirement employment or reemployment and no deductions 8 |
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31 | 31 | | shall be taken from an individual’s salary for retirement contribution. Notice of any such post-9 |
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32 | 32 | | retirement employment or reemployment shall be sent monthly to the retirement board by the 10 |
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33 | 33 | | employing agency or department and by the retired member. 11 |
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34 | 34 | | (b) Any member who has retired under the provisions of title 16, 36, or 45 may be 12 |
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35 | 35 | | employed or reemployed by any municipality within the state that has accepted the provisions of 13 |
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36 | 36 | | chapter 21 of title 45 and participates in the municipal employees’ retirement system for a period 14 |
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37 | 37 | | of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day 15 |
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38 | 38 | | pay in any one calendar year without any forfeiture or reduction of any retirement benefits and 16 |
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39 | 39 | | allowances the member is receiving, or may receive, as a retired member. Pension payments shall 17 |
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40 | 40 | | be suspended whenever this period is exceeded. No additional contributions shall be taken, and no 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC002085 - Page 2 of 5 |
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44 | 44 | | additional service credits shall be granted, for this service. Notice of this employment or 1 |
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45 | 45 | | reemployment shall be sent monthly to the retirement board by the employer and by the retired 2 |
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46 | 46 | | member. 3 |
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47 | 47 | | (c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed 4 |
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48 | 48 | | or reemployed by any municipality within the state that has not accepted the provisions of chapter 5 |
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49 | 49 | | 21 of title 45 and that does not participate in the municipal employees’ retirement system. 6 |
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50 | 50 | | (d) Notwithstanding the provisions of this section: 7 |
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51 | 51 | | (1) Any retired member of the system shall be permitted to serve as an elected mayor, the 8 |
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52 | 52 | | town administrator, the city administrator, the town manager, the city manager, the chief 9 |
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53 | 53 | | administrative officer, or the chief executive officer of any city or town, city or town council 10 |
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54 | 54 | | member, school committee member, or unpaid member of any part-time state board or commission 11 |
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55 | 55 | | or member of any part-time municipal board or commission, for which they shall be entitled to 12 |
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56 | 56 | | reimbursement for mileage and an hourly wage, if applicable, equal to that of full-time members 13 |
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57 | 57 | | of the board or commission; provided, however, in no event shall the amount be greater than ten 14 |
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58 | 58 | | thousand dollars ($10,000) per year, and shall continue to be eligible for, and receive, the retirement 15 |
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59 | 59 | | allowance for service other than that as a mayor, administrator, council member, school committee 16 |
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60 | 60 | | member, or member of any state board or commission or member of any part-time municipal board 17 |
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61 | 61 | | or commission; provided, however, that no additional service credits shall be granted for any 18 |
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62 | 62 | | service under this subsection; 19 |
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63 | 63 | | (2) Any retired member, who retired from service at any state college, university, state 20 |
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64 | 64 | | school, or who retired from service as a teacher under the provisions of title 16, or who retired from 21 |
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65 | 65 | | service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state 22 |
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66 | 66 | | college, university, or state school for the purpose of providing classroom instruction, academic 23 |
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67 | 67 | | advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the 24 |
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68 | 68 | | salary provided to other faculty members employed under a collective bargaining agreement at the 25 |
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69 | 69 | | institution. In no event shall “part-time” mean gross pay of more than twenty-five thousand dollars 26 |
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70 | 70 | | ($25,000) in any one calendar year. Any retired member who provides such instruction or service 27 |
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71 | 71 | | shall do so without forfeiture or reduction of any retirement benefit or allowance; provided, 28 |
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72 | 72 | | however, that no additional service credits shall be granted for any service under this subsection; 29 |
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73 | 73 | | (3) Any retired member who retired from service as a teacher under the provisions of title 30 |
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74 | 74 | | 16, or as a state employee who, while an active state employee, was certified to teach driver 31 |
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75 | 75 | | education by the department of elementary and secondary education or by the board of governors 32 |
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76 | 76 | | for higher education, may be employed or reemployed, on a part-time basis, by the department of 33 |
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77 | 77 | | elementary and secondary education or by the board of governors of higher education for the 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC002085 - Page 3 of 5 |
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81 | 81 | | purpose of providing classroom instruction in driver education courses in accordance with § 31-1 |
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82 | 82 | | 10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event 2 |
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83 | 83 | | shall “part-time” mean gross pay of more than fifteen thousand dollars ($15,000) in any one 3 |
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84 | 84 | | calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or 4 |
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85 | 85 | | reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher; 5 |
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86 | 86 | | provided, however, that no additional service credits shall be granted for any service under this 6 |
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87 | 87 | | subsection; 7 |
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88 | 88 | | (4) Any retired member who retired from service as a registered nurse may be employed 8 |
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89 | 89 | | or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or 9 |
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90 | 90 | | services at a state-operated facility in Rhode Island, including employment as a faculty member of 10 |
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91 | 91 | | a nursing program at a state-operated college or university. In no event shall “part-time” mean gross 11 |
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92 | 92 | | pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days 12 |
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93 | 93 | | with half pay in any one calendar year. Any retired nurse who provides such care and/or services 13 |
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94 | 94 | | shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse 14 |
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95 | 95 | | is receiving as a retired nurse; provided, however, that no additional service credits shall be granted 15 |
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96 | 96 | | for any service under this subsection. Pension payments shall be suspended whenever this period 16 |
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97 | 97 | | is exceeded. No additional contributions shall be taken and no additional service credits shall be 17 |
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98 | 98 | | granted for this service. Notice of this employment or reemployment shall be sent monthly to the 18 |
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99 | 99 | | retirement board by the employer and by the retired member; 19 |
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100 | 100 | | (5) Any retired member who, at the time of passage of this section, serves as a general 20 |
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101 | 101 | | magistrate within the family court and thereafter retires from judicial service, may be employed or 21 |
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102 | 102 | | reemployed by the family court to perform such services as a general magistrate of the family court 22 |
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103 | 103 | | as the chief judge of the family court shall prescribe without any forfeiture or reduction of any 23 |
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104 | 104 | | retirement benefits and allowances that the member is receiving or may receive. For any such 24 |
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105 | 105 | | services or assignments performed after retirement, the general magistrate shall receive no 25 |
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106 | 106 | | compensation whatsoever, either monetary or in kind. No additional contributions shall be taken 26 |
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107 | 107 | | and no additional service credits shall be granted for this service; 27 |
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108 | 108 | | (6) Any retired district court clerk/magistrate or magistrate of the district court who shall 28 |
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109 | 109 | | subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be 29 |
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110 | 110 | | employed or reemployed by the district court to perform such services as a magistrate as the chief 30 |
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111 | 111 | | judge of the district court shall prescribe without any forfeiture or reduction of any retirement 31 |
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112 | 112 | | benefits and allowance that they are receiving or may receive. For any such services or assignment 32 |
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113 | 113 | | performed after retirement, the district court clerk/magistrate or magistrate shall receive, in addition 33 |
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114 | 114 | | to their retirement pension, the difference in pay and fringe benefits between their retirement 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC002085 - Page 4 of 5 |
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118 | 118 | | pension, and that of a sitting magistrate of the district court with comparable state service time. No 1 |
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119 | 119 | | additional contributions shall be taken and no additional service credits shall be granted for this 2 |
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120 | 120 | | service; and 3 |
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121 | 121 | | (7) Any retired member of the system shall be permitted to serve as a municipal employee 4 |
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122 | 122 | | without any forfeiture or reduction of any retirement benefits and allowances that the member is 5 |
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123 | 123 | | receiving or may receive; provided, that said member shall be appointed by and serves at the 6 |
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124 | 124 | | pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town 7 |
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125 | 125 | | subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the 8 |
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126 | 126 | | appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided 9 |
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127 | 127 | | further, that no additional service credits shall be granted for any service under this subsection. 10 |
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128 | 128 | | SECTION 2. This act shall take effect upon passage. 11 |
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129 | 129 | | ======== |
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130 | 130 | | LC002085 |
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131 | 131 | | ======== |
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132 | 132 | | |
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133 | 133 | | |
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134 | 134 | | LC002085 - Page 5 of 5 |
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135 | 135 | | EXPLANATION |
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136 | 136 | | BY THE LEGISLATIVE COUNCIL |
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137 | 137 | | OF |
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138 | 138 | | A N A C T |
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139 | 139 | | RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM -- |
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140 | 140 | | CONTRIBUTIONS AND BENEFITS |
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141 | 141 | | *** |
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142 | 142 | | This act would permit retired state employees to receive mileage and wages, if applicable, 1 |
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143 | 143 | | equal to that of full-time members of the board or commission; provided, however, in no event 2 |
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144 | 144 | | shall the amount be greater than ten thousand dollars ($10,000) per year. 3 |
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145 | 145 | | This act would take effect upon passage. 4 |
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146 | 146 | | ======== |
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147 | 147 | | LC002085 |
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148 | 148 | | ======== |
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