1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3763 By: Cantrell
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6 AS INTRODUCED
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7 An Act relating to burn bans; amending 2 O.S. 2021,
7 Section 16-26, which relates to emergency drought
8 conditions and burning prohibitions; directing that
8 fire departments and county officials shall be
9 allowed to place burn ban signage on certain Oklahoma
9 Department of Transportation signposts; directing
10 parties to work on agreed locations; directing the
10 Oklahoma Department of Transportation to develop
11 standards; clarifying responsibility for signage;
11 directing that the view of traffic not be blocked;
12 clarifying responsibility for cost of signage; and
12 providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 2 O.S. 2021, Section 16-26, is
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17 amended to read as follows:
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18 Section 16-26. A. 1. It is unlawful for any person to set
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19 fire to any forest, grass, range, crop, or other wildlands, or to
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20 build a campfire or bonfire, or to burn trash or other material that
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21 may cause a forest, grass, range, crop or other wildlands fire in
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22 any county, counties or area within a county where, because of
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23 emergency drought conditions, there is gubernatorially proclaimed
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24 extraordinary danger from fire, unless the setting of any backfire
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 1 during the drought emergency is necessary to afford protection as
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2 determined by a representative of the Division of Forestry, or
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3 unless it can be established that the setting of the backfire was
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4 necessary for the purpose of saving life or property. The burden of
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5 proving the necessity shall rest on the person claiming a defense.
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6 2. The Division of Forestry shall advise the Governor when the
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7 lands described in paragraph 1 of this subsection in any county,
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8 counties or area within a county of this state because of emergency
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9 drought conditions are in extraordinary danger from fire. The
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10 Governor may by proclamation declare a drought emergency to exist
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11 and describe the general boundaries of the area affected.
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12 3. Any proclamation promulgated by the Governor under authority
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13 of this subsection shall be effective immediately upon the
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14 Governor's signed approval of the emergency proclamation and shall
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15 supersede any resolution passed by a board of county commissioners
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16 pursuant to subsection B of this section. Notice of the
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17 proclamation shall occur through posting on the Oklahoma Department
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18 of Agriculture, Food, and Forestry's website and informing local
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19 news media. Evidence of publication or posting as herein provided
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20 shall be maintained by the Forestry Division.
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21 4. When conditions warrant, due notice of the termination of
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22 the emergency shall be promptly made by proclamation, which shall be
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23 published or posted in like manner as when officially declared.
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 1 5. Any person who violates this subsection is guilty of a
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2 misdemeanor punishable by a fine of not more than One Thousand
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3 Dollars ($1,000.00), by imprisonment for not more than one (1) year,
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4 or both.
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5 B. 1. It is unlawful for any person to set fire to any forest,
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6 grass, range, crop or other wildlands, or to build a campfire or
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7 bonfire, or to burn trash or other material that may cause a forest,
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8 grass, range, crop or other wildlands fire in any county of this
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9 state in which the board of county commissioners of the county has
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10 passed a resolution declaring a period of extreme fire danger. As
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11 used in this subsection, "extreme fire danger" means:
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12 a. all three of the following conditions are present:
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13 (1) severe, extreme, or exceptional drought
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14 conditions exist as determined by the National
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15 Oceanic and Atmospheric Administration (NOAA)
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16 pursuant to its criteria,
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17 (2) no more than one-half (1/2) inch of precipitation
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18 is forecast for the next three (3) days, and
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19 (3) either of the following:
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20 (a) fire occurrence is significantly greater
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21 than normal for the season and/or initial
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22 attack on a significant number of wildland
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23 fires has been unsuccessful due to extreme
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24 fire behavior, or
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 1 (b) where data is available, more than twenty
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2 percent (20%) of the wildfires in the county
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3 have been caused by escaped debris or
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4 controlled burning, or
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5 b. temperatures for any day over the next three (3) days
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6 are forecasted at or over one hundred (100) degrees
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7 Fahrenheit.
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8 2. A majority of the board of county commissioners may call an
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9 emergency meeting at any time to pass or revoke a resolution
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10 declaring a period of extreme fire danger in accordance with this
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11 section.
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12 3. A board of county commissioners shall have the documented
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13 concurrence of a majority of the chiefs, or their designees, of the
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14 municipal and certified rural fire departments located in the county
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15 that a period of extreme fire danger exists prior to passage of a
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16 resolution declaring a period of extreme fire danger in the county.
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17 The resolution shall be effective for a period not to exceed
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18 fourteen (14) days from the date of passage by the board of county
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19 commissioners, unless the burn ban is removed earlier by the same
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20 method by which it was approved. If extreme fire danger conditions
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21 persist, subsequent resolutions may be passed by the board of county
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22 commissioners in the same manner as provided in this paragraph. The
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23 board of county commissioners, in the resolution, may grant
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 1 exceptions to the fire prohibition based on appropriate
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2 precautionary measures.
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3 4. Agricultural producers burning cropland, rangeland, forests
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4 or pastures as a preferred method of managing their property shall
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5 be exempt from any resolution passed by a board of county
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6 commissioners that declares a period of extreme fire danger so long
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7 as the agricultural producers have complied with the following
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8 procedures:
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9 a. submit a written prescribed burn plan to the local
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10 fire department and, if within a protection area, the
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11 local office or local representative of the Forestry
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12 Division of the Oklahoma Department of Agriculture,
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13 Food, and Forestry nearest the land to be burned that
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14 shall include the following information:
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15 (1) the name and telephone number of the agricultural
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16 producer conducting the burn,
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17 (2) the address and legal description of the area to
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18 be burned,
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19 (3) the objective and purpose of the burn,
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20 (4) a list of fire departments and sheriff's offices
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21 that are required to be notified pursuant to
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22 subparagraph c of this paragraph,
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 1 (5) a list of adjoining landowners required to be
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2 notified pursuant to Section 16-28.2 of this
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3 title,
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4 (6) a description of any firebreaks used to define
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5 the boundary of the prescribed burn,
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6 (7) a statement of prescribed weather conditions,
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7 (8) a description of any smoke-management
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8 considerations, and
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9 (9) an ignition plan for the burn,
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10 b. keep a copy of the written prescribed burn plan
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11 provided for in subparagraph a of this paragraph on
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12 site when conducting the prescribed burn,
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13 c. notify the county sheriff and the dispatch center of
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14 the local fire department prior to conducting the
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15 prescribed burn, and
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16 d. comply with the notification procedures outlined in
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17 Section 16-28.2 of this title.
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18 5. The prescribed burn plan provided for in paragraph 4 of this
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19 subsection shall be deemed approved seventy-two (72) hours after
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20 submission to the local fire department; provided, that the local
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21 fire department may amend the submitted burn plan within seventy-two
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22 (72) hours after submission.
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 1 6. The prescribed burn plan provided for in paragraph 4 of this
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2 subsection shall not include campfires, household trash, debris or
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3 pile burning.
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4 7. Nothing in paragraph 4 of this subsection shall supersede
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5 requirements set by a proclamation promulgated by the Governor under
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6 authority of this section, interfere with the authority of the
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7 Oklahoma Department of Agriculture, Food, and Forestry to enforce
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8 burning laws or change the burner's liability as prescribed by law.
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9 8. Any resolution passed by a board of county commissioners
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10 under authority of this subsection shall be effective immediately
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11 upon passage of the resolution. Notice of the resolution shall be
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12 submitted to the Forestry Division of the Oklahoma Department of
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13 Agriculture, Food, and Forestry, all local news media, local law
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14 enforcement officials, and the state headquarters of the Department
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15 of Public Safety, the Oklahoma Tourism and Recreation Department and
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16 the Department of Wildlife Conservation on the day of passage of the
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17 resolution. Evidence of publication or posting as provided in this
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18 paragraph shall be maintained by the county.
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19 9. The provisions of this subsection may be enforced by any law
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20 enforcement officer of this state.
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21 10. Any person convicted of violating the provisions of this
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22 subsection shall be guilty of a misdemeanor and shall be subject to
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23 a fine of not more than Five Hundred Dollars ($500.00), to
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 1 imprisonment for not more than one (1) year, or to both such fine
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2 and imprisonment.
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3 11. The selling of fireworks shall not be considered an act in
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4 violation of this subsection.
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5 12. All fire departments and/or appropriate county officials
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6 shall be allowed to place "Burn Ban" signs on agreed-upon signposts
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7 controlled by the Oklahoma Department of Transportation. Fire
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8 departments and/or appropriate county officials shall work with the
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9 Oklahoma Department of Transportation to agree upon locations for
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10 signage. The Oklahoma Department of Transportation shall develop
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11 standards that fire departments and/or appropriate county officials
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12 shall adhere to in placing signage. It shall be the responsibility
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13 of the entity placing the sign to post and remove signage in a
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14 timely manner. Signage shall not obstruct the view of traffic.
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15 Signage costs shall be the responsibility of the fire department
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16 and/or county wishing to install.
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17 SECTION 2. This act shall become effective November 1, 2024.
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19 59-2-9066 MJ 12/12/23
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