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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 672 By: McIntosh
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6 AS INTRODUCED
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7 An Act relating to emergency management; amending 63
7 O.S. 2021, Sections 683.8 and 683.9, which relate to
8 powers and duties of Governor and natural or man-made
8 emergencies; prohibiting Governor from closing
9 businesses under certain circumstances; requiring
9 certain evidence for authorized closure; requiring
10 due process for businesses ordered to close; defining
10 term; updating statutory reference; providing an
11 effective date; and declaring an emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 63 O.S. 2021, Section 683.8, is
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16 amended to read as follows:
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17 Section 683.8. A. The Governor shall have general direction
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18 and control of the Oklahoma Department of Emergency Management and
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19 shall be responsible for carrying out the provisions of the Oklahoma
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20 Emergency Management Act of 2003. In the event of an emergency that
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21 exceeds local capability, the Governor may assume direct operational
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22 control over all or any part of the emergency management functions
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23 within this state.
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1 B. The Governor shall have general direction and control of
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2 emergency management within the state and all officers, boards,
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3 agencies, individual or groups established under the Emergency
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4 Operations Plan. The Governor shall have the authority pursuant to
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5 the Oklahoma Emergency Management Act of 2003 to establish such
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6 offices, boards, agencies, or positions as may be necessary to carry
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7 into effect the Emergency Operations Plan.
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8 C. The Governor is authorized to cooperate with the federal
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9 government, with other states, and with private agencies in all
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10 matters pertaining to the emergency management of this state and of
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11 the nation.
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12 D. To effect the policy and purpose of the Oklahoma Emergency
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13 Management Act of 2003, the Governor is further authorized and
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14 empowered to:
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15 1. Make, amend, and rescind the necessary orders and rules to
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16 carry out the provisions of the Oklahoma Emergency Management Act of
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17 2003 within the limits of authority conferred upon the Governor
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18 herein, with due consideration of the emergency management plans of
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19 the federal government;
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20 2. Cause to be prepared and updated annually a comprehensive
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21 plan and program for emergency management of this state, such plans
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22 and programs to be integrated into and coordinated with the plans of
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23 the federal government and of other states to the fullest possible
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1 extent, and to coordinate the preparation of plans and programs for
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2 emergency management by the political subdivisions of this state;
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3 3. Procure supplies and equipment in accordance with such plans
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4 and programs, institute training programs and public information
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5 programs, take all other preparatory steps, including the partial or
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6 full activation of emergency management organizations in advance of
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7 actual disaster, and to ensure the furnishing of adequately trained
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8 and equipped personnel in time of need, during periods of national
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9 emergency, or man-made or natural disasters that might occur in this
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10 state, or which develop into emergency situations;
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11 4. On behalf of this state, enter into mutual aid arrangements
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12 with other states and coordinate mutual aid plans between political
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13 subdivisions of this state;
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14 5. Delegate any administrative authority vested in the Governor
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15 pursuant to the Oklahoma Emergency Management Act of 2003, and
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16 provide for subdelegation of any such authority;
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17 6. Confirm the appointment of qualified emergency managers upon
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18 recommendations of local authorities as provided in Section 683.11
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19 of this title;
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20 7. Cooperate with the President of the United States and the
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21 heads of the Armed Forces, the Federal Emergency Management Agency,
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22 and other appropriate federal officers and agencies, with the
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23 officers and agencies of other states in matters pertaining to the
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1 emergency management of the state and nation, including the
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2 direction and control of:
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3 a. state emergency management activations and exercises,
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4 b. warnings for actual or exercise events and the
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5 equipment to be used in connection therewith,
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6 c. the conduct of civilians and the movement of and
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7 cessation of movement of pedestrians and vehicular
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8 traffic during, prior and subsequent to natural and
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9 man-made disasters and emergencies,
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10 d. public meetings or gatherings, and
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11 e. the evacuation and reception of the civil population;
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12 and
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13 8. Prescribe uniform signals, warnings, alerts, credentials and
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14 insignia.
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15 E. In addition to prevention measures included in the state and
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16 local comprehensive plans and programs for emergency management, the
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17 Governor shall consider on a continuing basis steps that could be
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18 taken to mitigate the harmful consequences of emergencies and
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19 natural disasters. At the Governor's direction and pursuant to any
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20 other authority specified by law, state agencies, including, but not
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21 limited to, those charged with responsibilities in connection with
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22 floodplain management, stream encroachment and flow regulation,
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23 weather modification, fire prevention and control, air quality,
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24 public works, land use and land use planning, and construction
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1 standards, shall make studies of matters related to potential to
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2 emergency and man-made or natural disasters or to mitigate emergency
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3 and natural disasters. The Governor, from time to time, shall make
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4 such recommendations to the Legislature, to political subdivisions
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5 and to other appropriate public and private entities as may
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6 facilitate measures for mitigation of the harmful consequences of
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7 emergencies and natural disasters.
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8 F. Pursuant to the Inherent Rights clause in Section 2 of
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9 Article II of the Oklahoma Constitution which states "All persons
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10 have the inherent right to life, liberty, the pursuit of happiness,
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11 and the enjoyment of the gains of their own industry", during a
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12 pandemic under a declared state of emergency by the Governor or the
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13 President of the United States, the Governor of this state shall not
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14 close or force the closing of any business without documented
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15 scientific evidence that the nature of a particular business
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16 actually contributes to the direct spreading of disease relating to
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17 the pandemic. The Governor shall be required to give notice and
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18 hearing to any business determined to be nonessential or detrimental
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19 to the health and safety of citizens during a pandemic before
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20 issuing an executive order against keeping such business open.
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21 SECTION 2. AMENDATORY 63 O.S. 2021, Section 683.9, is
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22 amended to read as follows:
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23 Section 683.9. The provisions of this section shall be
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24 operative only during the existence of a natural or man-made
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1 emergency. The existence of such emergency may be proclaimed by the
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2 Governor or by concurrent resolution of the Legislature if the
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3 Governor in such proclamation, or the Legislature in such
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4 resolution, finds that an emergency or disaster has occurred or is
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5 anticipated in the immediate future. Any such emergency, whether
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6 proclaimed by the Governor or by the Legislature, shall terminate
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7 upon the proclamation of the termination thereof by the Governor, or
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8 by passage by the Legislature of a concurrent resolution terminating
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9 such emergency. During such period as such state of emergency
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10 exists or continues, the Governor shall have and may exercise the
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11 following additional emergency powers:
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12 1. To activate the Emergency Operations Plan, and to assume
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13 regulatory control over all essential resources of this state,
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14 directly or through the boards, agencies, offices and officers
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15 established by the Emergency Operations Plan, to determine
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16 priorities of such resources and allocate such resources as the
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17 Governor may deem necessary in cooperation with the political
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18 subdivisions of this state, the federal government, or other states.
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19 For purposes of this paragraph:
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20 a. "Resources" shall mean "resources" means all economic
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21 resources within this state including, but not limited
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22 to, food, manpower, health, water, transportation,
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23 economic stabilization, electric power, petroleum,
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1 gas, and solid fuel, industrial production,
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2 construction and housing, and
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3 b. "economic stabilization" means the maintaining of the
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4 monetary, taxation, and revenue policies of this state
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5 without a negative effect to the market economy and
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6 its operations and specifically excludes the
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7 determination of essential or nonessential private
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8 business enterprises or the closing of private
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9 business enterprises.
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10 2. To enforce all laws, rules and regulations relating to
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11 emergency management and to assume direct operational control of any
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12 or all emergency management forces and helpers in this state.
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13 3. To provide for the evacuation of all or part of the
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14 population from any stricken or threatened area or areas within this
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15 state and to take such steps as are necessary for the receipt and
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16 care of such evacuees.
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17 4. Subject to the provisions of the State Oklahoma
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18 Constitution, to remove from office any public officer having
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19 administrative responsibilities under this act for willful failure
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20 to obey any order, rule or regulation adopted pursuant to this act.
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21 Such removal shall be upon charges after service upon such person of
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22 a copy of such charges and after giving such person an opportunity
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23 to be heard in the defense of such person. Pending the preparation
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24 and disposition of charges, the Governor may suspend such person for
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1 a period not exceeding thirty (30) days. A vacancy resulting from
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2 removal or suspension pursuant to this section shall be filled by
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3 the Governor until it is filled as otherwise provided by law.
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4 5. To perform and exercise such other functions, powers, and
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5 duties as are necessary to promote and secure the safety and
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6 protection of the civilian population and to carry out the
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7 provisions of the Emergency Operations Plan in a national or state
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8 emergency.
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9 SECTION 3. This act shall become effective July 1, 2025.
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10 SECTION 4. It being immediately necessary for the preservation
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11 of the public peace, health or safety, an emergency is hereby
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12 declared to exist, by reason whereof this act shall take effect and
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13 be in full force from and after its passage and approval.
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15 60-1-879 DC 1/19/2025 5:41:07 AM
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Req. No. 879 Page 8Every fact on this page links to its source, starting with the official bill record.