Bill Text For SB0148 - Engrossed

 1|ENGROSSED SENATE                                                       |
  |BILL NO. 148                         By: Stanislawski of the Senate    |
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  |                                         Fincher of the House          |
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 6|       An Act relating to virtual charter schools; amending            |
  |       Section 5, Chapter 367, O.S.L. 2012, as last amended            |
 7|       by Section 1, Chapter 293, O.S.L. 2015 (70 O.S. Supp.           |
  |       2018, Section 3-145.3), which relates to the powers             |
 8|       and duties of the Statewide Virtual Charter School              |
  |       Board; providing enrollment periods for statewide               |
 9|       virtual charter schools beginning with certain school           |
  |       year; allowing a student to enroll in a statewide               |
10|       virtual charter school outside of the enrollment                |
  |       periods under certain criteria; providing criteria              |
11|       under which a student may withdraw from a statewide             |
  |       virtual charter school and transfer to a public                 |
12|       school district; providing an effective date; and               |
  |       declaring an emergency.                                         |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     AMENDATORY     Section 5, Chapter 367, O.S.L.       |
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17|2012, as last amended by Section 1, Chapter 293, O.S.L. 2015 (70       |
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18|O.S. Supp. 2018, Section 3-145.3), is amended to read as follows:      |
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19|    Section 3-145.3.  A.  Subject to the requirements of the           |
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20|Oklahoma Charter Schools Act, the Statewide Virtual Charter School     |
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21|Board shall:                                                           |
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22|    1.  Provide oversight of the operations of statewide virtual       |
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23|charter schools in this state;                                         |
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arsid5644067 (Floor Amendments Only)                               Page 1
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 1|    2.  Establish a procedure for accepting, approving and             |
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 2|disapproving statewide virtual charter school applications and a       |
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 3|process for renewal or revocation of approved charter school           |
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 4|contracts which minimally meet the procedures set forth in the         |
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 5|Oklahoma Charter Schools Act;                                          |
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 6|    3.  Make publicly available a list of supplemental online          |
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 7|courses which have been reviewed and certified by the Statewide        |
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 8|Virtual Charter School Board to ensure that the courses are high       |
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 9|quality options and are aligned with the subject matter standards      |
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10|adopted by the State Board of Education pursuant to Section 11-103.6   |
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11|of this title.  The Statewide Virtual Charter School Board shall       |
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12|give special emphasis on listing supplemental online courses in        |
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13|science, technology, engineering and math (STEM), foreign language     |
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14|and advanced placement courses.  School districts shall not be         |
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15|limited to selecting supplemental online courses that have been        |
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16|reviewed and certified by the Statewide Virtual Charter School Board   |
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17|and listed as provided for in this paragraph; and                      |
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18|    4.  In conjunction with the Office of Management and Enterprise    |
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19|Services, negotiate and enter into contracts with supplemental         |
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20|online course providers to offer a state rate price to school          |
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21|districts for supplemental online courses that have been reviewed      |
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22|and certified by the Statewide Virtual Charter School Board and        |
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23|listed as provided for in paragraph 3 of this subsection.              |
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arsid5644067 (Floor Amendments Only)                               Page 2
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 1|    B.  Each statewide virtual charter school which has been           |
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 2|approved and sponsored by the Board or any virtual charter school      |
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 3|for which the Board has assumed sponsorship of as provided for in      |
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 4|Section 3-145.5 of this title shall be considered a statewide          |
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 5|virtual charter school and the geographic boundaries of each           |
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 6|statewide virtual charter school shall be the borders of the state.    |
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 7|    C.  Each statewide virtual charter school approved by the          |
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 8|Statewide Virtual Charter School Board shall be eligible to receive    |
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 9|federal funds generated by students enrolled in the charter school     |
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10|for the applicable year.  Each statewide virtual charter school        |
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11|shall be considered a separate local education agency for purposes     |
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12|of reporting and accountability.                                       |
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13|    D.  As calculated as provided for in Section 3-142 of this         |
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14|title, a statewide virtual charter school shall receive the State      |
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15|Aid allocation and any other state-appropriated revenue generated by   |
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16|students enrolled in the virtual charter school for the applicable     |
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17|year, less up to five percent (5%) of the State Aid allocation,        |
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18|which may be retained by the Statewide Virtual Charter School Board    |
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19|for administrative expenses and to support the mission of the Board.   |
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20| A statewide virtual charter school shall be eligible for any other    |
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21|funding any other charter school is eligible for as provided for in    |
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22|Section 3-142 of this title.  Each statewide virtual charter school    |
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23|shall be considered a separate local education agency for purposes     |
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24|of reporting and accountability.                                       |
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arsid5644067 (Floor Amendments Only)                               Page 3
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 1|    E.  Students enrolled full-time in a statewide virtual charter     |
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 2|school sponsored by the Statewide Virtual Charter School Board shall   |
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 3|not be authorized to participate in any activities administered by     |
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 4|the Oklahoma Secondary Schools Activities Association.  However, the   |
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 5|students may participate in intramural activities sponsored by a       |
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 6|statewide virtual charter school, an online provider for the charter   |
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 7|school or any other outside organization.                              |
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 8|    F.  1.  Beginning with the 2019-2020 school year, the enrollment   |
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 9|period for statewide virtual charter schools shall be:                 |
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10|         a.    June 1 to September 15, and                             |
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11|         b.    December 20 to January 30.                              |
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12|    2.  A student may enroll in a statewide virtual charter school     |
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13|outside of the enrollment periods set forth in paragraph 1 of this     |
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14|subsection upon an adequate showing of an emergency.  An emergency     |
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15|shall include:                                                         |
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16|         a.    the student moves into the state or within the state    |
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17|              outside of the enrollment periods set forth in           |
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18|              paragraph 1 of this subsection,                          |
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19|         b.    the destruction or partial destruction of a school      |
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20|              building in the district in which the student is         |
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21|              enrolled,                                                |
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22|         c.    the inability of the district in which the student is   |
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23|              enrolled to offer the subject a student desires to       |
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24|              pursue,                                                  |
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arsid5644067 (Floor Amendments Only)                               Page 4
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 1|         d.    a catastrophic medical problem of a student, which      |
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 2|              for purposes of this subsection shall mean an acute or   |
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 3|              chronic serious illness, disease, disorder or injury     |
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 4|              which has a permanently detrimental effect on the        |
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 5|              body's system or renders the risk of attending a         |
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 6|              public school district unusually hazardous,              |
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 7|         e.    the total failure of transportation facilities within   |
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 8|              the school district in which the student is enrolled,    |
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 9|         f.    the unavailability of remote or on-site                 |
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10|              Internet-based instruction by course title in the        |
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11|              school district in which the student is enrolled if he   |
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12|              or she has been identified as in need of drop-out        |
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13|              recovery or alternative education services, provided     |
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14|              the student was enrolled at any time in a public         |
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15|              school district in this state during the previous        |
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16|              three (3) years, or                                      |
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17|         g.    when a student has been the victim of harassment,       |
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18|              intimidation or bullying as defined by Section           |
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19|              24-100.3 of this title, upon verification by the         |
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20|              statewide virtual charter school that the student has    |
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21|              been the victim of harassment, intimidation or           |
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22|              bullying and that the school district in which the       |
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23|              student was enrolled was notified of the incident or     |
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arsid5644067 (Floor Amendments Only)                               Page 5
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 1|              incidents prior to the student enrolling in the          |
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 2|              statewide virtual charter school.                        |
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 3|         3.  A student may withdraw from a statewide virtual charter   |
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 4|school and transfer to a public school district within the state if    |
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 5|the following criteria are met:                                        |
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 6|         a.   if the parents or legal guardians of the student have    |
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 7|              submitted an application and received approval from a    |
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 8|              receiving school district to transfer between the end    |
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 9|              of the first semester and the beginning of the second    |
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10|              semester or between school years, subject to the         |
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11|              provisions of the Education Open Transfer Act,           |
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12|         b.   if an emergency exists pursuant to Section 8-104 of      |
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13|              this title,                                              |
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14|         c.   if a parent or legal guardian of a student is no         |
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15|              longer able to monitor the student during the school     |
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16|              day and the parents or legal guardians of the student    |
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17|              have submitted an application and received approval      |
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18|              from a receiving school district to transfer into the    |
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19|              school district at any time during the school year,      |
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20|         d.   if a student fails to complete the assessments           |
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21|              required by Section 1210.508 of this title and the       |
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22|              statewide virtual charter school administers the         |
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23|              assessments required by Section 1210.508 of this title   |
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arsid5644067 (Floor Amendments Only)                               Page 6
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 1|              to less than ninety-five percent (95%) of the students   |
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 2|              enrolled in the statewide virtual charter school, or     |
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 3|         e.   if the academic achievement of the student declines      |
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 4|              while he or she is enrolled in the statewide virtual     |
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 5|              charter school and the student's parents or legal        |
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 6|              guardians, teachers and the principal or                 |
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 7|              superintendent of the statewide virtual charter school   |
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 8|              decide the student should transfer to a public school    |
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 9|              district.                                                |
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10|    G.  The decision of the Statewide Virtual Charter School Board     |
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11|to deny, nonrenew or terminate the charter contract of a statewide     |
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12|virtual charter school may be appealed to the State Board of           |
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13|Education within thirty (30) days of the decision by the Statewide     |
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14|Virtual Charter School Board.  The State Board of Education shall      |
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15|act on the appeal within sixty (60) days of receipt of the request     |
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16|from the statewide virtual charter school applicant.  The State        |
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17|Board of Education may reverse the decision of the Statewide Virtual   |
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18|Charter School Board or may remand the matter back to the Statewide    |
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19|Virtual Charter School Board for further proceeding as directed.       |
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20|    SECTION 2.  This act shall become effective July 1, 2019.          |
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21|    SECTION 3.  It being immediately necessary for the preservation    |
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22|of the public peace, health or safety, an emergency is hereby          |
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23|declared to exist, by reason whereof this act shall take effect and    |
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24|be in full force from and after its passage and approval.              |
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arsid5644067 (Floor Amendments Only)                               Page 7
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 1|    Passed the Senate the 14th day of March, 2019.                     |
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  |                                    Presiding Officer of the Senate    |
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 5|    Passed the House of Representatives the ____ day of __________,    |
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 6|2019.                                                                  |
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  |                                     Presiding Officer of the House    |
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arsid5644067 (Floor Amendments Only)                               Page 8
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