1 | 1 | | |
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2 | 2 | | HOUSE BILL 69 |
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3 | 3 | | By Lamberth |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 133 |
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6 | 6 | | By Johnson |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB0133 |
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10 | 10 | | 001317 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 2; |
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14 | 14 | | Title 4; Title 38; Title 39; Title 41 and Title 55, |
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15 | 15 | | relative to determining voter eligibility. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. Tennessee Code Annotated, Title 2, Chapter 2, is amended by creating |
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19 | 19 | | the following as a new part: |
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20 | 20 | | Part 4. Verification of Voter Eligibility |
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21 | 21 | | 2-2-401. Verification of eligibility to vote based upon United States citizenship. |
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22 | 22 | | (a) The coordinator of elections, in collaboration with the department of safety, |
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23 | 23 | | shall, prior to January 1, 2028, create a secure, electronic portal through which each |
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24 | 24 | | county administrator of elections may access information to verify, prior to processing an |
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25 | 25 | | applicant's application to register to vote, whether the applicant is a non-United States |
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26 | 26 | | citizen based upon records on file. |
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27 | 27 | | (b) In carrying out subsection (a), the coordinator of elections and department: |
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28 | 28 | | (1) Shall identify the parameters of information of an applicant to register |
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29 | 29 | | to vote that may be submitted and received through the portal by an |
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30 | 30 | | administrator; |
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31 | 31 | | (2) Shall ensure that, upon submission of such information by an |
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32 | 32 | | administrator, the administrator receives accurate and current information |
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33 | 33 | | regarding the citizenship status of the applicant on file with the department |
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34 | 34 | | without undue delay; |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | - 2 - 001317 |
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38 | 38 | | |
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39 | 39 | | (3) Shall ensure that the portal has the capacity to respond to a high |
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40 | 40 | | volume of daily submissions of applicant information by administrators across |
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41 | 41 | | this state as specified by the coordinator of elections; and |
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42 | 42 | | (4) May develop a temporary alternative method for the verification of |
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43 | 43 | | citizenship by an administrator in the event that the portal is offline, inaccessible, |
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44 | 44 | | malfunctioning, or undergoing maintenance. |
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45 | 45 | | (c) If a county administrator rejects an application based upon information |
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46 | 46 | | received pursuant to this section, the administrator shall provide written notice to the |
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47 | 47 | | applicant of the applicant's right to appeal the decision in accordance with § 2-2-125. |
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48 | 48 | | 2-2-402. Verification of eligibility to vote based upon felony conviction. |
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49 | 49 | | (a) The coordinator of elections, in collaboration with the Tennessee bureau of |
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50 | 50 | | investigation (TBI), shall, prior to January 1, 2028, create a secure, electronic portal |
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51 | 51 | | through which each county administrator of elections may access information to verify, |
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52 | 52 | | prior to processing an applicant's application to register to vote, whether the applicant is |
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53 | 53 | | ineligible to vote based upon records on file as the result of a felony conviction, or |
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54 | 54 | | alternatively, whether an applicant who has been convicted of a felony is eligible to vote |
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55 | 55 | | as the result of expunction. |
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56 | 56 | | (b) In carrying out subsection (a), the coordinator of elections and TBI: |
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57 | 57 | | (1) Shall identify the parameters of information of an applicant to register |
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58 | 58 | | to vote that may be submitted and received through the portal by an |
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59 | 59 | | administrator; |
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60 | 60 | | (2) Shall ensure that, upon submission of such information by an |
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61 | 61 | | administrator, the administrator receives accurate and current information |
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62 | 62 | | regarding the eligibility status of the applicant without undue delay; |
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63 | 63 | | |
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64 | 64 | | |
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65 | 65 | | - 3 - 001317 |
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66 | 66 | | |
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67 | 67 | | (3) Shall ensure that the portal has the capacity to respond to a high |
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68 | 68 | | volume of daily submissions of applicant information by administrators across |
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69 | 69 | | this state as specified by the coordinator of elections; and |
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70 | 70 | | (4) May develop a temporary alternative method for the verification of |
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71 | 71 | | eligibility by an administrator in the event that the portal is offline, inaccessible, |
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72 | 72 | | malfunctioning, or undergoing maintenance. |
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73 | 73 | | (c) If a county administrator rejects an application based upon information |
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74 | 74 | | received pursuant to this section, the administrator shall provide written notice to the |
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75 | 75 | | applicant of the applicant's right to appeal the decision in accordance with § 2-2-125. |
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76 | 76 | | 2-2-403. Severability. |
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77 | 77 | | If a provision of this part or its application to a person or circumstance is held |
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78 | 78 | | invalid, then the invalidity does not affect other provisions or applications of the part that |
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79 | 79 | | can be given effect without the invalid provision or application, and to that end, the |
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80 | 80 | | provisions of this part are severable. |
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81 | 81 | | SECTION 2. Tennessee Code Annotated, Section 2-2-125, is amended by deleting |
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82 | 82 | | subsection (b) and substituting instead the following: |
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83 | 83 | | (b) The administrator shall provide written notice to the registrant that the |
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84 | 84 | | registrant has a right to appeal the decision to the commission within ten (10) days from |
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85 | 85 | | the date the notice was sent. The administrator shall include with such notice an appeal |
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86 | 86 | | form. |
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87 | 87 | | SECTION 3. Tennessee Code Annotated, Section 2-7-112(c)(1), is amended by adding |
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88 | 88 | | the language "that is not a temporary driver license" immediately after the language "Tennessee |
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89 | 89 | | driver license". |
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90 | 90 | | SECTION 4. Tennessee Code Annotated, Section 55-50-303(a)(9), is amended by |
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91 | 91 | | deleting the following language: |
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92 | 92 | | |
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93 | 93 | | |
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94 | 94 | | - 4 - 001317 |
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95 | 95 | | |
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96 | 96 | | To any person who is not a United States citizen or lawful permanent resident of |
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97 | 97 | | the United States. |
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98 | 98 | | and substituting instead the following: |
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99 | 99 | | To any person who is not a United States citizen. |
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100 | 100 | | SECTION 5. Tennessee Code Annotated, Section 55-50-321(c)(1)(C), is amended by |
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101 | 101 | | deleting the subdivision and substituting instead the following: |
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102 | 102 | | (C) Any applicant applying for a driver license, instruction permit, intermediate |
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103 | 103 | | driver license, or photo identification license, upon initial issuance or reinstatement, shall |
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104 | 104 | | provide either an original or certified copy of documentation that the applicant is a citizen |
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105 | 105 | | of the United States. |
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106 | 106 | | SECTION 6. Tennessee Code Annotated, Section 55-50-321(i)(1), is amended by |
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107 | 107 | | deleting the subdivision and substituting instead the following: |
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108 | 108 | | (1) Any person presenting a driver license from a state that issues driver |
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109 | 109 | | licenses to illegal aliens for the purposes of obtaining a Tennessee driver license is |
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110 | 110 | | required to establish proof of United States citizenship, or, in the case of a temporary |
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111 | 111 | | driver license, either lawful permanent resident status or a specified period of authorized |
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112 | 112 | | stay in the United States. |
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113 | 113 | | SECTION 7. Tennessee Code Annotated, Section 55-50-331(g), is amended by |
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114 | 114 | | deleting the subsection and substituting instead the following: |
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115 | 115 | | (1) Notwithstanding another law to the contrary, the department may issue a |
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116 | 116 | | temporary driver license, temporary intermediate driver license, temporary photo |
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117 | 117 | | identification license, or temporary learner permit to lawful permanent residents of the |
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118 | 118 | | United States or to persons whose presence in the United States has been authorized |
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119 | 119 | | by the federal government for a specific purpose and for a specified period of authorized |
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120 | 120 | | stay. |
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121 | 121 | | |
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122 | 122 | | |
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124 | 124 | | |
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125 | 125 | | (2) The temporary driver license or photo identification license is valid only |
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126 | 126 | | during the period of time of the applicant's authorized stay in the United States or the |
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127 | 127 | | valid period of the applicant's lawful permanent resident card; provided, however, that a |
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128 | 128 | | temporary license or photo identification license must not be issued for a period longer |
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129 | 129 | | than eight (8) years. |
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130 | 130 | | (3) A temporary driver license, temporary photo identification license, or |
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131 | 131 | | temporary permit must include a visually distinctive font or color for the class designation |
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132 | 132 | | on the face of the license to distinguish the temporary license from the license issued to |
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133 | 133 | | United States citizens under § 55-50-303(a)(9) that are used as a photo identification for |
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134 | 134 | | voting purposes. |
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135 | 135 | | (4) A lawful permanent resident who renews or reinstates a driver license, |
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136 | 136 | | permit, or photo identification license on or after January 1, 2026, must provide proof of |
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137 | 137 | | United States citizenship to maintain the driver license, permit, or photo identification |
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138 | 138 | | license. If such proof of citizenship is not provided, then the person must be issued a |
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139 | 139 | | temporary driver license, temporary permit, or temporary photo identification license |
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140 | 140 | | pursuant to this section. |
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141 | 141 | | (5) A person who becomes a United States citizen may provide proof of such |
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142 | 142 | | citizenship to the department at any time to receive a license under § 55-50-303(a)(9). |
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143 | 143 | | SECTION 8. Tennessee Code Annotated, Section 55-50-102(56), is amended by |
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144 | 144 | | adding the language "except for an individual who is a lawful permanent resident," immediately |
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145 | 145 | | before the language "if there is no definite end". |
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146 | 146 | | SECTION 9. The headings in this act are for reference purposes only and do not |
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147 | 147 | | constitute a part of the law enacted by this act. However, the Tennessee Code Commission is |
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148 | 148 | | requested to include the headings in any compilation or publication containing this act. |
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149 | 149 | | |
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150 | 150 | | |
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152 | 152 | | |
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153 | 153 | | SECTION 10. If any provision of this act or its application to any person or circumstance |
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154 | 154 | | is held invalid, then the invalidity does not affect other provisions or applications of the act that |
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155 | 155 | | can be given effect without the invalid provision or application, and to that end, the provisions of |
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156 | 156 | | this act are severable. |
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157 | 157 | | SECTION 11. Sections 1, 2, and 9 of this act take effect upon becoming a law, the |
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158 | 158 | | public welfare requiring it. For purposes of promulgating rules and forms and redesigning |
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159 | 159 | | licenses and permits, if applicable, all remaining sections of this act take effect upon becoming a |
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160 | 160 | | law, the public welfare requiring it. For all other purposes, all remaining sections of this act take |
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161 | 161 | | effect January 1, 2026, the public welfare requiring it. |
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