1 | | - | ORIGINAL HOUSE |
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2 | | - | BILL NO. HB0181 |
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3 | | - | ENROLLED ACT NO. 27, HOUSE OF REPRESENTATIVES |
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4 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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5 | | - | 2025 GENERAL SESSION |
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| 1 | + | 2025 |
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| 2 | + | STATE OF WYOMING |
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| 3 | + | 25LSO-0476 |
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| 4 | + | ENGROSSED |
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| 5 | + | 1HB0181 |
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| 6 | + | HOUSE BILL NO. HB0181 |
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| 7 | + | Funeral contracts-investment and bonding requirements. |
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| 8 | + | Sponsored by: Representative(s) Larsen, L, Brown, L, Knapp |
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| 9 | + | and Washut and Senator(s) Schuler |
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| 10 | + | A BILL |
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| 11 | + | for |
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| 12 | + | 1 AN ACT relating to insurance; amending investment |
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| 13 | + | 2 authorization for prepaid or prearranged funeral contract |
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| 14 | + | 3 proceeds; amending related surety bond provisions; |
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| 15 | + | 4 specifying application of purchase monies and investment |
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| 16 | + | 5 earnings; requiring notice to contract purchasers; and |
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| 17 | + | 6 providing for effective dates. |
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| 18 | + | 7 |
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| 19 | + | 8 |
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| 20 | + | 9 |
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| 21 | + | 10. W.S. 26-32-101(a) and (b) is amended to |
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| 22 | + | 11 read: |
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| 23 | + | 12 |
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| 24 | + | 13 |
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| 25 | + | 14 |
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| 26 | + | 15 2025STATE OF WYOMING25LSO-0476 |
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| 27 | + | ENGROSSED |
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| 28 | + | 2HB01811 |
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| 29 | + | 2 (a) The department shall supervise and audit the |
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| 30 | + | 3 funds derived by any person either residing in or doing |
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| 31 | + | 4 business within the state, from prepaid or prearranged |
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| 32 | + | 5 funeral contracts providing for the sale of caskets, burial |
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| 33 | + | 6 vaults, monuments or memorials or any burial supplies and |
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| 34 | + | 7 equipment and funeral services, if the sale is made, either |
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| 35 | + | 8 outright or on the installment basis, prior to the demise |
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| 36 | + | 9 of the person purchasing them or for whom they are |
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| 37 | + | 10 purchased, with the merchandise or service, or both, to be |
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| 38 | + | 11 delivered at a future date at time of need. All funds |
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| 39 | + | 12 received from these contracts or arrangements by any person |
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| 40 | + | 13 either residing in or doing business within this state |
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| 41 | + | 14 shall be received, invested and withdrawn according to |
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| 42 | + | 15 requirements the department approves. Investment in a bank, |
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| 43 | + | 16 trust company or federal and loan |
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| 44 | + | 17 association in Wyoming is an approved investment. |
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| 45 | + | 18 |
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| 46 | + | 19 |
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| 47 | + | 20 |
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| 48 | + | 21 |
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| 49 | + | 22 |
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| 50 | + | 23 2025STATE OF WYOMING25LSO-0476 |
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| 51 | + | ENGROSSED |
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| 52 | + | 3HB0181 |
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7 | | - | AN ACT relating to insurance; amending investment |
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8 | | - | authorization for prepaid or prearranged funeral contract |
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9 | | - | proceeds; amending related surety bond provisions; |
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10 | | - | specifying application of purchase monies and investment |
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11 | | - | earnings; requiring notice to contract purchasers; and |
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12 | | - | providing for effective dates. |
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13 | | - | Be It Enacted by the Legislature of the State of Wyoming: |
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14 | | - | Section 1. W.S. 26-32-101(a) and (b) is amended to |
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15 | | - | read: |
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16 | | - | 26-32-101. Supervision and audit of funds; approval |
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17 | | - | of investment; promulgation of rules and regulations; |
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18 | | - | licenses. |
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19 | | - | (a) The department shall supervise and audit the |
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20 | | - | funds derived by any person either residing in or doing |
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21 | | - | business within the state, from prepaid or prearranged |
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22 | | - | funeral contracts providing for the sale of caskets, burial |
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23 | | - | vaults, monuments or memorials or any burial supplies and |
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24 | | - | equipment and funeral services, if the sale is made, either |
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25 | | - | outright or on the installment basis, prior to the demise |
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26 | | - | of the person purchasing them or for whom they are |
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27 | | - | purchased, with the merchandise or service, or both, to be |
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28 | | - | delivered at a future date at time of need. All funds |
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29 | | - | received from these contracts or arrangements by any person |
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30 | | - | either residing in or doing business within this state |
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31 | | - | shall be received, invested and withdrawn according to |
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32 | | - | requirements the department approves. Investment in a bank, |
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33 | | - | trust company or federal and loan |
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34 | | - | association in Wyoming is an approved investment. |
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35 | | - | deposit of funds received from the sale of these contracts |
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36 | | - | or arrangements in irrevocable pre-need funeral trusts, the |
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37 | | - | funds of which are invested in compliance with W.S. ORIGINAL HOUSE |
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38 | | - | BILL NO. HB0181 |
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39 | | - | ENROLLED ACT NO. 27, HOUSE OF REPRESENTATIVES |
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40 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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41 | | - | 2025 GENERAL SESSION |
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43 | | - | 4-10-901 and 4-10-902, is an approved investment. Earnings, |
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44 | | - | including interest, income and dividends, from any |
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45 | | - | investment of an irrevocable pre-need funeral trust may |
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46 | | - | inure to the benefit of the seller of the prepaid or |
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47 | | - | prearranged funeral contract, but shall be withdrawn from |
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48 | | - | the irrevocable trust only upon the occurrence of an event |
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49 | | - | that requires withdrawal of the corpus of the trust. |
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50 | | - | Neither the person purchasing a prepaid or prearranged |
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51 | | - | funeral contract nor any person for whom the contract is |
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52 | | - | purchased shall be entitled to terminate or cancel the |
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53 | | - | contract or make demand for the funds paid for the contract |
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54 | | - | after the funds are deposited into an irrevocable pre-need |
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55 | | - | funeral trust. |
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56 | | - | (b) The commissioner shall promulgate rules and |
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57 | | - | regulations for the purposes specified in subsection (a) of |
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58 | | - | this section to include regulation of contract provisions |
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59 | | - | and funds thereunder. |
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60 | | - | buyers of prepaid or prearranged funeral contracts of the |
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61 | | - | types of investments into which funds derived from the sale |
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62 | | - | of these contracts may be deposited and the risks |
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63 | | - | associated with those investments. The rules shall require |
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64 | | - | notice to buyers of the ability to cancel or terminate a |
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65 | | - | contract or make demand for any amounts paid for the |
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66 | | - | contract. Rules promulgated by the commissioner shall not |
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67 | | - | require any additional surety bond amount for those monies |
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68 | | - | deposited in an irrevocable pre-need funeral trust and |
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69 | | - | invested in compliance with W.S 4-10-902 beyond the minimum |
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70 | | - | surety bond required of all persons deriving funds from |
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71 | | - | prepaid or prearranged funeral contracts. |
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72 | | - | Section 2. This act shall not alter, amend or impair |
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73 | | - | contracts entered into before July 1, 2025. ORIGINAL HOUSE |
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74 | | - | BILL NO. HB0181 |
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75 | | - | ENROLLED ACT NO. 27, HOUSE OF REPRESENTATIVES |
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76 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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77 | | - | 2025 GENERAL SESSION |
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78 | | - | 3Section 3. The department of insurance shall |
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79 | | - | promulgate all rules necessary to implement the provisions |
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80 | | - | of this act. ORIGINAL HOUSE |
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81 | | - | BILL NO. HB0181 |
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82 | | - | ENROLLED ACT NO. 27, HOUSE OF REPRESENTATIVES |
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83 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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84 | | - | 2025 GENERAL SESSION |
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85 | | - | 4Section 4. |
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86 | | - | (a) Except as provided by subsection (b) of this |
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87 | | - | section, this act is effective July 1, 2025. |
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88 | | - | (b) Sections 3 and 4 of this act are effective |
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89 | | - | immediately upon completion of all acts necessary for a |
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90 | | - | bill to become law as provided by Article 4, Section 8 of |
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91 | | - | the Wyoming Constitution. |
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92 | | - | (END) |
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93 | | - | Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________ |
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94 | | - | I hereby certify that this act originated in the House. |
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95 | | - | Chief Clerk |
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| 63 | + | 11 |
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| 64 | + | 12 (b) The commissioner shall promulgate rules and |
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| 65 | + | 13 regulations for the purposes specified in subsection (a) of |
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| 66 | + | 14 this section to include regulation of contract provisions |
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| 67 | + | 15 and funds thereunder. |
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| 74 | + | 22 |
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| 75 | + | 23 2025STATE OF WYOMING25LSO-0476 |
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| 76 | + | ENGROSSED |
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| 77 | + | 4HB0181 |
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| 78 | + | 1 |
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| 79 | + | 2 |
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| 80 | + | 3 |
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| 81 | + | 4 |
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| 82 | + | 5 |
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| 83 | + | 6 |
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| 84 | + | 7 contracts entered into before July 1, 2025. |
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| 85 | + | 8 |
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| 86 | + | 9The department of insurance shall |
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| 87 | + | 10 promulgate all rules necessary to implement the provisions |
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| 88 | + | 11 of this act. |
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| 89 | + | 12 |
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| 90 | + | 13. |
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| 91 | + | 14 |
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| 92 | + | 15 (a) Except as provided by subsection (b) of this |
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| 93 | + | 16 section, this act is effective July 1, 2025. |
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| 94 | + | 17 |
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| 95 | + | 18 (b) Sections 3 and 4 of this act are effective |
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| 96 | + | 19 immediately upon completion of all acts necessary for a |
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| 97 | + | 20 bill to become law as provided by Article 4, Section 8 of |
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| 98 | + | 21 the Wyoming Constitution. |
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| 99 | + | 22 |
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| 100 | + | 23 (END) |
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