Bills Passed - Regular Session

Hawaii State Legislature
1997 Session

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MEASURE HB1300 HD1 SD1 (SSCR 1600) TITLE RELATING TO CRIME. INTRODCR Say C (586-6200) DESCRIPT Amends provisions relating to conspiracy to commit murder and solicitation to commit murder to make them class A felonies. Provides that a conspiracy to commit a class A felony other than murder in any degree is a class B felony. Imposes mandatory fines upon persons convicted of receiving stolen property. -- HB1300 SD1 COMM REPT HSCR 984 (JUD) SSCR 1600 (JDC) STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1309 HD1 SD2 CD1 (CCR 22) TITLE RELATING TO CONDOMINIUM PROPERTY REGIME. INTRODCR Menor R (BR) (586-6150) DESCRIPT Amends provision relating to condominium property regime to require current evidence of a fidelity bond of a managing agent and of the association of apartment owners. Exempts condominium projects having 7 or more apartments created prior to May 29, 1963. -- HB1309 CD1 COMM REPT HSCR 839 (CPC) SSCR 1192 (GOH) SSCR 1527 (CPI) CCR 22 STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1326 TITLE RELATING TO LIQUOR. INTRODCR White M (586-6790) DESCRIPT Changes the definition of retail licensee to include class 14, brewpub license. -- HB1326 COMM REPT HSCR 770 (CPC) SSCR 1083 (TIA) SSCR 1412 (CPI) STATUS Apr-10 97 Received by the Governor Apr-23 97 Approved by Governor (Act 57 1997) MEASURE HB1367 SD1 (SSCR 1200) TITLE RELATING TO THE NATURAL ENERGY LABORATORY OF HAWAII AUTHORITY. INTRODCR Tarnas D (586-8510) DESCRIPT Allows the natural energy laboratory of Hawaii to engage in 1 retail concession unrelated to research, development, and commercialization of natural energy resources in Hawaii but that financially supports its primary activities. -- HB1367 SD1 COMM REPT HSCR 547 (EEP) HSCR 816 (FIN) SSCR 1200 (ECD) SSCR 1402 (WAM) STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1370 HD2 SD1 CD1 (CCR 101) TITLE RELATING TO PUBLIC FOREST RESERVES. INTRODCR Kawakami B (586-6280) DESCRIPT Requires that all harvesting of trees on public lands be done in accordance with a board of land and natural resources approved harvesting plan. Requires any harvesting of native trees from public lands done by the department of land and natural resources to utilize existing fire prevention and management programs and ensure that appropriate silvicultural practices are utilized to encourage native biodiversity and ecosystem processes. Requires that income from forest reserves and products thereof, and sale of tree seedlings from state nurseries, be deposited with the state director of finance to the credit of the general fund. -- HB1370 CD1 COMM REPT HSCR 510 (WLU/ EEP/) HSCR 735 (FIN) SSCR 1057 (WLH) SSCR 1479 (WAM) CCR 101 STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1377 TITLE RELATING TO THE DISPOSITION OF JUDICIARY RECORDS. INTRODCR Souki J (BR) (586-6100) DESCRIPT Amends provision relating to disposition of judiciary records to require the judiciary to file the original copy of a record of dispositional activity with the administrative director of the courts or an agency designated by the director instead of in the public archives. -- HB1377 COMM REPT HSCR 340 (JUD) SSCR 1542 (JDC) STATUS Apr-10 97 Received by the Governor Apr-23 97 Approved by Governor (Act 58 1997) MEASURE HB1381 HD1 (HSCR 234) TITLE RELATING TO TAX APPEAL COURT FEES. INTRODCR Souki J (BR) (586-6100) DESCRIPT Provides that the filing fee for small claims and charge for an appeal to the tax appeals court are non refundable and are to be set by the supreme court. Also provides that the filing fee for small claims shall not exceed 25 dollars and the charge for an appeal shall not exceed 100 dollars. -- HB1381 HD1 COMM REPT HSCR 234 (JUD) HSCR 805 (FIN) SSCR 1131 (JDC) SSCR 1814 (WAM) STATUS Apr=29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1382 HD1 (HSCR 945) TITLE RELATING TO ADJUDICATION OF TRAFFIC INFRACTIONS. INTRODCR Souki J (BR) (586-6100) DESCRIPT Provides that, if the defendant fails to appear for a traffic infraction which is committed in the same course of conduct as a criminal offense for which the offender is arrested or charged, the court shall enter a judgment by default in favor of the State. -- HB1382 HD1 COMM REPT HSCR 945 (JUD) SSCR 1543 (JDC) STATUS Apr-10 97 Received by the Governor Apr-23 97 Approved by Governor (Act 59 1997) MEASURE HB1385 SD1 (SSCR 1544) TITLE RELATING TO MOTOR VEHICLES. INTRODCR Souki J (BR) (586-6100) DESCRIPT Provides that a driver's license will not be issued to any person who has been convicted of driving under the influence of intoxicating liquor or drugs. Amends driver education and training fund provisions by changing fines to be driver education assessments. -- HB1385 SD1 COMM REPT HSCR 904 (JUD) SSCR 1544 (JDC) STATUS Apr-23 97 Received by the Governor ------ -- PENDING FURTHER ACTION MEASURE HB1387 HD1 (HSCR 990) TITLE RELATING TO MOTOR VEHICLE DRIVER LICENSING. INTRODCR Souki J (BR) (586-6100) DESCRIPT Repeals the motor vehicle point system to evaluate the operating record of drivers. -- HB1387 HD1 COMM REPT HSCR 990 (JUD) SSCR 1545 (JDC) STATUS Apr-10 97 Received by the Governor Apr-23 97 Approved by Governor (Act 60 1997) MEASURE HB1388 HD2 SD1 (SSCR 1132) TITLE RELATING TO TRAFFIC INFRACTIONS. INTRODCR Souki J (BR) (586-6100) DESCRIPT Allows the circuit court to impose penalties on all outstanding traffic citations and judgments. Penalties to be established pursuant to rules approved by the supreme court. Provides that penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency. Also allows the court to waive interest penalty for good cause. -- HB1388 SD1 COMM REPT HSCR 235 (JUD) HSCR 745 (FIN) SSCR 1132 (JDC) SSCR 1421 (WAM) STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1390 HD1 SD2 CD1 (CCR 161) TITLE RELATING TO THE JUDICIARY. INTRODCR Souki J (BR) (586-6100) DESCRIPT Judiciary appropriations act of 1997 (judiciary budget). Appropriations to the judiciary for the 1997 - 1998 fiscal biennium. ($$) -- HB1390 CD1 COMM REPT HSCR 1093 (FIN) SSCR 1133 (JDC) SSCR 1531 (WAM) CCR 161 STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1393 HD1 SD2 CD1 (CCR 156) TITLE RELATING TO SALARIES IN THE JUDICIARY. INTRODCR Souki J (BR) (586-6100) DESCRIPT Increases the salaries for 1996, 1997, and 1998, for the chief justice of the supreme court; each associate justice of the supreme court; the chief judge of the intermediate appellate court; each associate judge of the intermediate appellate court; each circuit court judge of the various circuit courts; and each district court judge of the various district courts. Appropriation. ($$) -- HB1393 CD1 COMM REPT HSCR 233 (JUD) HSCR 804 (FIN) SSCR 1134 (JDC) SSCR 1472 (WAM) CCR 156 STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1395 SD1 (SSCR 1429) TITLE RELATING TO STATEWIDE TRAFFIC CODE. INTRODCR Case E (586-8475) DESCRIPT Requires a motor vehicle driver to stop at railroad crossing and proceed only if no train is approaching or is not approximately within 1,500 feet of the crossing. Also provides that, if a train is approaching, the driver must not proceed until after the train has passed. -- HB1395 SD1 COMM REPT HSCR 869 (TRN) SSCR 1429 (TIA) STATUS Apr-23 97 Received by the Governor ------ -- PENDING FURTHER ACTION MEASURE HB1407 TITLE RELATING TO THE CERTIFICATION OF ELECTION RESULTS. INTRODCR Souki J (BR) (586-6100) DESCRIPT Requires the chief election officer to record ballot overages and underages if the electronic voting system is being used in an election. Requires the chief election officer to file the list of all precincts in which an overage or underage occurred. -- Establishes criteria for certification of county election results. Requires that a list of all precincts in which an overage or underage occurred be attached to the certificate of election or a certificate of results declaring the results of the election. -- HB1407 COMM REPT HSCR 789 (JUD) SSCR 1546 (JDC) STATUS Apr-10 97 Received by the Governor Apr-23 97 Approved by Governor (Act 61 1997) MEASURE HB1410 HD1 SD1 (SSCR 1565) TITLE RELATING TO ELECTION RECORDS AND USES THEREOF. INTRODCR Souki J (BR) (586-6100) DESCRIPT Allows a person to apply to the chief election officer or the county clerk to keep confidential information relating to residence address and telephone number contained in the affidavit of registration, if disclosure of the residence address or telephone number would result in an unwarranted invasion of personal privacy or expose the person or a member of the person's family to risk of bodily harm. -- Requires that the register of voters and all related records be open to the inspection of any person in accordance with rules adopted by the chief election officer. -- Repeals provision relating to access to voter registration affidavits, lists, and register; prohibited use. -- HB1410 SD1 COMM REPT HSCR 684 (JUD) SSCR 1565 (JDC) STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1450 SD1 (SSCR 1394) TITLE RELATING TO FINANCIAL SERVICES LOAN COMPANIES. INTRODCR Menor R (BR) (586-6150) DESCRIPT Authorizes financial services loan companies to charge reasonable and bona fide fees for document preparation by an in house attorney on consumer loans secured by an interest in real property. -- HB1450 SD1 COMM REPT HSCR 967 (CPC) SSCR 1394 (CPI) STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1451 HD1 SD1 CD1 (CCR 38) TITLE RELATING TO THE PETROLEUM INDUSTRY. INTRODCR Oshiro P (586-6360) DESCRIPT Repeals fuel distribution law and petroleum industry information reporting law. Consolidates petroleum industry reporting requirements under the department of business, economic development, and tourism. -- Establishes petroleum advisory council to advise the department of trends and activities in the retail petroleum industry. -- Establishes provision relating to restrictions on manufacturers or jobbers in operating service stations; lease rent controls; definitions. Beginning August 1, 1997, prohibits manufacturers and jobbers from converting an existing dealer operated retail service station to a company operated retail service station. Provides criteria. Prohibits new company operated retail service stations from being located within 1/8 mile of a dealer operated retail service station in an urban area and within 1/4 mile in other areas. Provides criteria for renewal of lease rent terms for all leases as part of a franchise. Defines company operated retail service station and dealer operated retail service station. -- HB1451 CD1 COMM REPT HSCR 622 (EEP) HSCR 1031 (CPC/ JUD/) SSCR 1528 (CPI) CCR 38 STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1463 HD2 (HSCR 1040) TITLE RELATING TO ADULT RESIDENTIAL CARE HOMES. INTRODCR Cachola R (586-6110) DESCRIPT Establishes single rate of reimbursement for operators of adult residential care homes and increases amount of reimbursement. Appropriation to the department of human services. ($$) -- HB1463 HD2 COMM REPT HSCR 494 (HSH) HSCR 1040 (FIN) SSCR 1068 (HRE) SSCR 1807 (WAM) STATUS Apr=29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1485 HD2 SD2 (SSCR 1457) TITLE RELATING TO AQUACULTURE LOANS. INTRODCR Nakasone B (586-6210) DESCRIPT Amends provision related to rules and regulations for agricultural loans to delegate authority to the chairperson of the board to approve loans, where the requested amount plus any principal balance on existing loans to the applicant does not exceed 25,000 dollars of state funds. Defines and provides criteria for class D loans (emergency loans). -- HB1485 SD2 COMM REPT HSCR 103 (AGR) HSCR 671 (FIN) SSCR 940 (ECD) SSCR 1457 (WAM) STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1510 SD1 (SSCR 1557) TITLE RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS. INTRODCR Saiki S (586-8485) DESCRIPT Allows petitions for protective orders to allege that past acts of abuse may have occurred, or that the threats of abuse make it probable that acts of abuse may be imminent, or that extreme psychological abuse or malicious property damage is imminent. Provides criteria. -- HB1510 SD1 COMM REPT HSCR 787 (JUD) SSCR 1557 (JDC) STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1539 SD1 CD1 (CCR 157) TITLE RELATING TO YOUTH CORRECTIONAL FACILITIES. INTRODCR Tom T (586-6490) DESCRIPT Requires prior court approval for furlough, parole, or discharge of all minors, committed by the family court for the period of their minority or otherwise, to be obtained when specifically required in the commitment order. -- Establishes a 2 year pilot program to provide a secure residential facility for short term commitments of youth offenders on the island of Kauai to be administered by the office of youth services. Provides criteria. Report to the legislature in 1999. Appropriation. ($$) -- HB1539 CD1 COMM REPT HSCR 779 (JUD/ PSM/) SSCR 1567 (JDC/ WAM/) CCR 157 STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1547 HD2 SD1 CD1 (CCR 107) TITLE RELATING TO SMALL BOAT HARBORS. INTRODCR Tarnas D (586-8510) DESCRIPT Establishes a task force within the department of land and natural resources to evaluate the feasibility of establishing a community based management pilot program to provide that 1 or more small boat harbors be independently managed and administered by a marina board. Requires vessels engaging in interisland ferry service between the islands of Maui and Molokai to be afforded preferential consideration for both ferry landings and other commercial purposes, including the issuance of a commercial operating permit and waiver of any applicable fees at Lahaina small boat harbor. Provides criteria. Requires preferential consideration and waivers, including any commercial permits issued under this section to cease upon the vessel operator's termination of interisland ferry service between the islands of Maui and Molokai. -- HB1547 CD1 COMM REPT HSCR 430 (OMR) HSCR 1041 (FIN) SSCR 1201 (ECD) SSCR 1492 (WAM) CCR 107 STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1572 HD1 (HSCR 855) TITLE RELATING TO AGRICULTURAL LOANS. INTRODCR Souki J (BR) (586-6100) DESCRIPT Amends provision relating to restrictions on agricultural loans to require the authorization of agricultural loans only if such loans cannot be made by 2 private lenders, and a farm credit system band, or the US Department of Agriculture. Provides exception for emergency loans. -- Repeals definitions and powers of the Farmers Home Administration and transfers them to the US Department of Agriculture in provisions relating to loan and mortgage programs. -- HB1572 HD1 COMM REPT HSCR 280 (AGR) HSCR 855 (FIN) SSCR 941 (ECD) SSCR 1798 (WAM) STATUS Apr=29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1573 TITLE RELATING TO AGRICULTURAL LOANS. INTRODCR Souki J (BR) (586-6100) DESCRIPT Amends provision relating to security for agricultural loans and mortgages to prohibit class A loans from being made on unsurveyed lands. -- HB1573 COMM REPT HSCR 281 (AGR) HSCR 803 (FIN) SSCR 942 (ECD) SSCR 1799 (WAM) STATUS Apr=29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1574 TITLE RELATING TO AGRICULTURAL LOANS. INTRODCR Souki J (BR) (586-6100) DESCRIPT Amends provision relating to repayment and refinancing of agricultural loans to exempt the borrower of a class D loan from having to refinance the balance owed on any direct loan as soon as the borrower is able to obtain credit from other sources at reasonable rates and terms. -- HB1574 COMM REPT HSCR 282 (AGR) HSCR 802 (FIN) SSCR 963 (ECD) SSCR 1800 (WAM) STATUS Apr=29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1575 SD1 (SSCR 1483) TITLE RELATING TO MILK. INTRODCR Souki J (BR) (586-6100) DESCRIPT Amends provision relating to repayment and refinancing of agricultural loans to exempt the borrower of a class D loan from having to refinance the balance owed on any direct loan as soon as the borrower is able to obtain credit from other sources at reasonable rates and terms. Act to be repealed June 30, 1998 (sunset). -- HB1575 SD1 COMM REPT HSCR 283 (AGR) HSCR 828 (CPC) SSCR 1483 (ECD) STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1576 TITLE RELATING TO MEASUREMENT STANDARDS. INTRODCR Souki J (BR) (586-6100) DESCRIPT Amends definition of administrator under measurement standards law. Changes division of measurement standards to quality assurance division. -- HB1576 COMM REPT HSCR 337 (AGR) SSCR 964 (ECD) SSCR 1801 (WAM) STATUS Apr=29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1579 HD1 (HSCR 1012) TITLE RELATING TO AGRICULTURE. INTRODCR Souki J (BR) (586-6100) DESCRIPT Requires the department of agriculture, in the event that certified mail is impractical, to provide a written notice either to the landowner and occupier of a property, or a notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, when it intends to enter the property for control or eradication of a pest. -- Amends provisions relating to enforcement and form of citation and summons. Allows any State or county law enforcement officer to enforce violations by citation and summons. Provides criteria for form of citation and summons. -- Amends provision relating to administration of oath to specify complaints made by officers and employees of the department of agriculture shall be subscribed to under oath administered by another official of the department who has been designated to administer oaths. -- Amends provision relating to livestock ownership and movement certification to include cattle, horses, sheep, goats, pigs, bison, or llamas. Requires 2 copies of the ownership certificate, 1 of which must accompany the shipment and be presented upon request to a law enforcement officer or other officer or employee. -- HB1579 HD1 COMM REPT HSCR 199 (AGR) HSCR 1012 (JUD) SSCR 966 (ECD) SSCR 1529 (CPI) STATUS Apr-10 97 Received by the Governor Apr-23 97 Approved by Governor (Act 62 1997) MEASURE HB1580 TITLE RELATING TO PLANT AND NON-DOMESTIC ANIMAL QUARANTINE. INTRODCR Souki J (BR) (586-6100) DESCRIPT Amends provisions relating to quarantine to allow the department of land and natural resources to issue a special permit for the purpose of remediating medical emergencies or agricultural or ecological disasters, or conducting medical or scientific research. Provides criteria. -- HB1580 COMM REPT HSCR 249 (AGR) SSCR 943 (ECD) SSCR 1423 (HEV) STATUS Apr-10 97 Received by the Governor Apr-23 97 Approved by Governor (Act 63 1997) MEASURE HB1581 TITLE MAKING AN EMERGENCY APPROPRIATION FOR AGRICULTURAL RESOURCE MANAGEMENT. INTRODCR Souki J (BR) (586-6100) DESCRIPT Appropriation to the department of agriculture to select and engage consultants to develop plans and specifications for the cleaning and repairing of the Waianae agricultural park and the Waimanalo irrigation system damaged by the November 1996 heavy rains and flooding, and to cover operation and maintenance expenses for the Kekaha agricultural park irrigation system. ($$) -- HB1581 COMM REPT HSCR 180 (AGR) HSCR 794 (FIN) SSCR 967 (ECD) SSCR 1802 (WAM) STATUS Apr=29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1582 HD2 SD1 CD1 (CCR 153) TITLE RELATING TO THE RELIEF OF CERTAIN PERSONS' CLAIMS AGAINST THE STATE AND PROVIDING APPROPRIATIONS THEREFOR. INTRODCR Souki J (BR) (586-6100) DESCRIPT Appropriation for the purpose of satisfying claims or legislative relief to persons, firms, corporations, and entities which have claims against the State due to overpayment of taxes, refunds, reimbursements, payments of judgments or settlements, or other liabilities. ($$) -- HB1582 CD1 COMM REPT HSCR 517 (JUD) HSCR 746 (FIN) SSCR 1136 (JDC) SSCR 1515 (WAM) COMM REPT CCR 153 STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1585 HD2 (HSCR 703) TITLE RELATING TO CRIMINAL HISTORY RECORD INFORMATION. INTRODCR Souki J (BR) (586-6100) DESCRIPT Amends provision relating to fees under criminal justice data center law to exempt nonprofit charitable organizations from paying fees for services related to criminal history record information for employment purposes. -- HB1585 HD2 COMM REPT HSCR 289 (JUD) HSCR 703 (FIN) SSCR 971 (JDC) - filed STATUS Apr=29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1587 HD1 SD2 CD1 (CCR 158) TITLE RELATING TO THE ISSUANCE OF CERTIFICATES OF IDENTIFICATION. INTRODCR Souki J (BR) (586-6100) DESCRIPT Establishes provision relating to civil identification to require an expiration date on every certificate of identification issued by the State. Provides criteria. -- Establishes in the state treasury a special fund, to be administered by the attorney general, consisting of all fees assessed for the processing and issuance of certificates of identification. ($$) -- HB1587 CD1 COMM REPT HSCR 290 (JUD) HSCR 716 (FIN) SSCR 1137 (JDC) SSCR 1473 (WAM) COMM REPT CCR 158 STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1591 HD2 SD1 CD1 (CCR 148) TITLE RELATING TO THE HAWAII STATE CLEARINGHOUSE FOR MISSING CHILDREN. INTRODCR Souki J (BR) (586-6100) DESCRIPT Establishes the Hawaii state clearinghouse for missing children within the department of the attorney general to assist in the implementation of federal and state laws relating to missing children. Provides criteria. -- Establishes the Hawaii missing children's clearinghouse trust fund. Provides criteria. -- Allows the Hawaii justice foundation to appoint an advisory board to carry out the purposes of the trust fund, including raising funds, establishing criteria for expenditures of funds, and making recommendations for grants and other specific expenditures. -- Requires that an annual audit of the Hawaii justice foundation be submitted to the department of the attorney general. Appropriation. ($$) -- HB1591 CD1 COMM REPT HSCR 474 (JUD) HSCR 856 (FIN) SSCR 1010 (JDC) SSCR 1576 (WAM) CCR 148 STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION MEASURE HB1593 SD1 (SSCR 1585) TITLE RELATING TO PUBLIC CONTRACTS. INTRODCR Souki J (BR) (586-6100) DESCRIPT Amends procurement code by establishing provision relating to settlement on performance bonds. Allows the purchasing agency to accept moneys in satisfaction of the performance surety's obligation on its bond upon default of a contractor. Provides criteria. -- HB1593 SD1 COMM REPT HSCR 301 (FIN) SSCR 1193 (GOH) SSCR 1585 (WAM) STATUS Apr-29 97 Passed Legislature ------ -- PENDING FURTHER ACTION


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