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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 542 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to the Administrative Procedures Act;
7 amending 75 O.S. 2021, Sections 307, 309, 316, 318,
8 and 320, which relate to judicial review and hearing
8 procedures; imposing time limitation for issuance or
9 refusal of certain ruling; requiring copy of notice
9 be provided to all parties in certain proceedings;
10 adding grounds for disqualification of certain
10 examiner or member; increasing award of attorney fees
11 in certain proceedings; imposing liability for treble
11 attorney fees for failure to transmit certain record;
12 making language gender neutral; updating statutory
12 language; providing an effective date; and declaring
13 an emergency.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 75 O.S. 2021, Section 307, is
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18 amended to read as follows:
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19 Section 307. Each agency shall provide by rule for the filing
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20 and prompt disposition of petitions for declaratory rulings as to
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21 the applicability of any rule or order of the agency. Each agency
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22 shall issue or refuse to issue a declaratory ruling within one
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23 hundred twenty (120) calendar days from the date the request for
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24 declaratory ruling was submitted to the agency. A declaratory
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1 ruling, or refusal to issue such ruling, shall be subject to a
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2 judicial review in the manner provided for review of decisions in
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3 individual proceedings as provided in Sections 317 through 323 of
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4 this title.
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5 SECTION 2. AMENDATORY 75 O.S. 2021, Section 309, is
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6 amended to read as follows:
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7 Section 309. A. In an individual proceeding, all parties shall
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8 be afforded an opportunity for hearing after reasonable notice, and
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9 all parties shall be provided with a copy of the notice given to
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10 other parties.
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11 B. The notice shall include:
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12 1. A statement of the time, place and nature of the hearing;
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13 2. A statement of the legal authority and jurisdiction under
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14 which the hearing is to be held;
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15 3. A reference to the particular sections of the statutes and
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16 rules involved; and
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17 4. A short and plain statement of the matters asserted. If the
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18 agency or other party is unable to state the matters in detail at
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19 the time the notice is served, the initial notice may be limited to
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20 a statement of the issues involved. Thereafter upon application a
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21 more definite and detailed statement shall be furnished.
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22 C. Opportunity shall be afforded all parties to respond and
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23 present evidence and argument on all issues involved.
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1 D. Deliberations by administrative heads, hearing examiners,
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2 and other persons authorized by law may be held in executive session
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3 pursuant to paragraph 8 of subsection B of Section 307 of Title 25
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4 of the Oklahoma Statutes.
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5 E. Unless precluded by law, informal disposition may be made of
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6 any individual proceeding by stipulation, agreed settlement, consent
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7 order, or default.
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8 F. The record in an individual proceeding shall include:
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9 1. All pleadings, motions, and intermediate rulings;
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10 2. Evidence received or considered at the individual
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11 proceeding;
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12 3. A statement of matters officially noticed;
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13 4. Questions and offers of proof, objections, and rulings
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14 thereon;
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15 5. Proposed findings and exceptions;
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16 6. Any decision, opinion, or report by the officer presiding at
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17 the hearing; and
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18 7. All other evidence or data submitted to the hearing examiner
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19 or administrative head in connection with their the consideration of
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20 the case, provided all parties have had access to such evidence.
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21 G. Oral proceedings shall be electronically recorded. Such
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22 recordings shall be maintained for such time so as to protect the
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23 record through judicial review. Copies of the recordings shall be
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24 provided by the agency at the request of any party to the
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1 proceeding. Costs of transcription of the recordings shall be borne
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2 by the party requesting the transcription. For judicial review,
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3 electronic recordings of an individual proceeding, as certified by
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4 the agency, may be submitted to the reviewing court by the agency as
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5 part of the record of the proceedings under review without
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6 transcription unless otherwise required to be transcribed by the
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7 reviewing court. In such case, the expense of transcriptions shall
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8 be taxed and assessed against the nonprevailing party. Parties to
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9 any proceeding may have the proceedings transcribed by a court
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10 reporter at their own expense.
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11 H. Findings of fact shall be based exclusively on the evidence
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12 received and on matters officially noticed in the individual
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13 proceeding unless otherwise agreed upon by the parties on the
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14 record.
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15 SECTION 3. AMENDATORY 75 O.S. 2021, Section 316, is
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16 amended to read as follows:
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17 Section 316. A hearing examiner or agency member shall withdraw
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18 from any individual proceeding in which he or she cannot accord a
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19 fair and impartial hearing or consideration. Any party may request
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20 the disqualification of a hearing examiner or agency member, on the
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21 ground of his inability to give a fair and impartial hearing,
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22 improper appointment to the agency, or failure to take the
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23 constitutional oath of office and file with the Secretary of State,
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24 by filing an affidavit, promptly upon discovery of the alleged
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1 disqualification, stating with particularity the grounds upon which
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2 it is claimed that a fair and impartial hearing cannot be accorded.
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3 The issue shall be determined promptly by the administrative head of
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4 the agency, or, if it affects a member or members of the agency, by
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5 the remaining members thereof, if the number of remaining members
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6 constitutes a quorum. Upon the entry of an order of
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7 disqualification affecting a hearing examiner, the agency shall
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8 assign another in his stead hearing examiner or shall conduct the
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9 hearing itself. Upon the disqualification of a member of an agency,
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10 the agency shall proceed with the proceeding if a quorum remains.
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11 If a quorum no longer exists, by virtue because of the member's
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12 disqualification, the Governor immediately shall appoint a member
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13 pro tempore to sit in place of the disqualified member in that the
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14 proceeding. In further action, after the disqualification of a
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15 member of an agency, the provisions of Section 311 of this title
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16 shall apply.
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17 SECTION 4. AMENDATORY 75 O.S. 2021, Section 318, is
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18 amended to read as follows:
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19 Section 318. A. 1. Any party aggrieved by a final agency
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20 order in an individual proceeding is entitled to certain, speedy,
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21 adequate and complete judicial review thereof pursuant to the
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22 provisions of this section and Sections 319, 320, 321, 322 and 323
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23 of this title.
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1 2. This The provisions of this section shall not prevent resort
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2 to other means of review, redress, relief, or trial de novo, that
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3 are available because of constitutional provisions.
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4 3. Neither a motion for new trial nor an application for
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5 rehearing shall be prerequisite to secure judicial review.
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6 B. 1. The judicial review prescribed by this section for final
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7 agency orders, as to agencies whose final agency orders are made
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8 subject to review, under constitutional or statutory provisions, by
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9 appellate proceedings in the Supreme Court of Oklahoma, shall be
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10 afforded by such proceedings taken in accordance with the procedure
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11 and under the conditions otherwise provided by law, but subject to
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12 the applicable provisions of Sections 319 through 324 of this title,
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13 and the rules of the Supreme Court.
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14 2. In all other instances, proceedings for review shall be
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15 instituted by filing a petition, in the district court of the county
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16 in which the party seeking review resides or at the option of such
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17 party where the property interest affected is situated, naming as
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18 respondents only the agency, such other party or parties in the
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19 administrative proceeding as may be named by the petitioner or as
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20 otherwise may be allowed by law, within thirty (30) days after the
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21 appellant is notified of the final agency order as provided in
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22 Section 312 of this title.
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23 C. Copies of the petition shall be delivered in person or
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24 mailed, postage prepaid, to the agency and all other parties of
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1 record, and proof of such delivery or mailing shall be filed in the
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2 court within ten (10) days after the filing of the petition. Any
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3 party not named as a respondent in the petition is entitled to
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4 respond within ten (10) days of receipt of service. The court, in
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5 its discretion, may permit other interested persons to intervene.
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6 D. In any proceedings for review brought by a party aggrieved
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7 by a final agency order:
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8 1. The agency whose final agency order was made subject to
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9 review may be entitled to recover against such aggrieved party any
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10 court costs, witness fees and reasonable attorney fees if the court
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11 determines that the proceeding brought by the party is frivolous or
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12 was brought to delay the effect of said final agency order.
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13 2. The party aggrieved by the final agency order may be
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14 entitled to recover against such agency any court costs, witness
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15 fees, and reasonable treble attorney fees if the court determines
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16 that the proceeding brought by the agency is frivolous.
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17 SECTION 5. AMENDATORY 75 O.S. 2021, Section 320, is
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18 amended to read as follows:
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19 Section 320. Within sixty (60) days after service of the
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20 petition for review or equivalent process upon it, or within such
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21 further time as the reviewing court, upon application for good cause
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22 shown, may allow, the agency shall transmit to the reviewing court
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23 the original or a certified copy of the entire record of the
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24 proceeding under review. For purposes of this section, "record"
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1 shall include such information as specified by Section 309 of this
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2 title. By stipulation of all parties to the review proceeding, the
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3 record may be shortened. Any party unreasonably refusing to
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4 stipulate to limit the record may be taxed by the court for the
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5 additional costs resulting therefrom. The court may require or
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6 permit subsequent corrections or additions to the record when deemed
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7 desirable. If the agency does not timely transmit an original or
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8 certified copy of the entire record of the proceeding under review,
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9 it shall be liable for treble attorney fees of any party seeking the
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10 filing of such record.
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11 SECTION 6. This act shall become effective July 1, 2025.
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12 SECTION 7. It being immediately necessary for the preservation
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13 of the public peace, health or safety, an emergency is hereby
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14 declared to exist, by reason whereof this act shall take effect and
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15 be in full force from and after its passage and approval.
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