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Sub. H. B. No. 385 As Passed by the House
As Passed by the House
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Brinkman, Seitz, Law, Schaffer, Webster, Wolpert, Domenick, Fende, Chandler, Daniels, McGregor, J., Combs, Barrett, Blessing, Calvert, Carano, Cassell, Coley, Collier, Distel, Evans, C., Flowers, Hartnett, Martin, McGregor, R., Patton, T., Perry, Raga, Reidelbach, Sayre, Taylor, Uecker, Wagner, Yuko
A BILL
To amend sections 148.04, 148.06, 305.11, 504.11, 505.375, 505.391, 505.94, 515.01, and 5705.10 and to enact section 504.021 of the Revised Code to make changes in various laws pertaining to townships, to permit written distribution of records, in lieu of reading the previous proceedings' record, at a session of the board of county commissioners, and to permit townships and municipal corporations to directly form fire and ambulance districts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 148.04, 148.06, 305.11, 504.11, 505.375, 505.391, 505.94, 515.01, and 5705.10 be amended and section 504.021 of the Revised Code be enacted to read as follows:
Sec. 148.04. (A) The Ohio public employees deferred
compensation board shall initiate, plan, expedite, and, subject
to an appropriate assurance of the approval of the internal
revenue service, promulgate and offer to all eligible employees,
and thereafter administer on behalf of all participating
employees and continuing members, and alter as required, a
program for deferral of compensation, including a reasonable
number of options to the employee for the investment of deferred
funds, including life insurance, annuities, variable annuities,
pooled investment funds managed by
the board, or other forms of investment approved by the board,
always in such form as will assure the desired tax treatment of
such funds. The members of the Ohio public employees deferred
compensation board are the trustees of any deferred funds and shall discharge
their duties with respect to the funds solely in the interest of and for the
exclusive benefit of participating employees, continuing members, and their
beneficiaries. With respect to such deferred funds, section
148.09 of the Revised Code shall
apply to claims against participating employees or continuing members and
their employers. (B) Every employer of an eligible employee shall contract
with such the employee upon the employee's application for
participation in a
deferred compensation program offered by the board. Every
retirement system serving an eligible employee shall serve as
collection agent for compensation deferred by any of its members
and account for and deliver such sums to the board. (C) The board shall, subject to any applicable contract
provisions, undertake to obtain as favorable conditions of tax
treatment as possible, both in the initial programs and any
permitted alterations thereof of them or additions thereto to them, as to such
matters as terms of distribution, designation of beneficiaries,
withdrawal upon disability, financial hardship, or termination of
public employment, and other optional provisions. (D) In no event shall the total of the amount of deferred
compensation to be set aside under a deferred compensation
program and the employee's nondeferred income for any year exceed
the total annual salary or compensation under the existing salary
schedule or classification plan applicable to such the employee in
such that year. Such a deferred compensation program shall be in addition
to any retirement or any other benefit program provided by law
for employees of this state. The board shall adopt rules
pursuant to Chapter 119. of the Revised Code to provide any
necessary standards or conditions for the administration of its
programs, including any limits on the portion of a participating
employee's compensation that may be deferred in order to avoid
adverse treatment of the program by the internal revenue service
or the occurrence of deferral, withholding, or other deductions
in excess of the compensation available for any pay period. Any income deferred under such a plan shall continue to be
included as regular compensation for the purpose of computing the
contributions to and benefits from the retirement system of such
employee. Any sum so deferred shall not be included in the
computation of any federal and state income taxes withheld on
behalf of any such employee. (E) This section does not limit the authority of any
municipal corporation, county, township, park district,
conservancy district, sanitary district, health district, public
library, county law library, public institution of higher
education, or school district to provide separate authorized
plans or programs for deferring compensation of their officers
and employees in addition to the program for the deferral of
compensation offered by the board. Any municipal corporation, township,
public institution of higher education, or school district that
offers such plans or programs shall include a reasonable number
of options to its officers or employees for the investment of the
deferred funds, including annuities, variable annuities,
regulated investment trusts, or other forms of investment
approved by the municipal corporation, township, public institution of higher
education, or school district, that will assure the desired tax
treatment of the funds.
Sec. 148.06. As used in this section: (A) "Government unit" means a county, township, park
district of any kind, conservancy district, sanitary district,
health district, public library district, or county law library. (B) "Governing board" means, in the case of the county,
the board of county commissioners; in the case of a township, the
board of township trustees; in the case of a park district, the
board of park commissioners; in the case of a conservancy
district, the district's board of directors; in the case of a
sanitary district, the district's board of directors; in the case
of a health district, the board of health; in the case of a
public library district, the board of library trustees; and in
the case of a county law library, the board of trustees of the
law library association. In addition to the program of deferred compensation that
may be offered under this chapter, a governing board may offer to all of
the
officers and
employees of the government unit not to exceed two additional
programs for deferral of compensation designed for favorable tax
treatment of the compensation so deferred. Any such program
shall include a reasonable number of options to the officer or
employee for the investment of the deferred funds, including
annuities, variable annuities, regulated investment trusts, or
other forms of investment approved by the governing board, that
will assure the desired tax treatment of the funds. Any income deferred under such a plan shall continue to be
included as regular compensation for the purpose of computing the
contributions to and benefits from the officer's or employee's
retirement system but shall not be included in the computation of
any federal and state income taxes withheld on behalf of any such
employee.
Sec. 305.11. Immediately upon the opening of each day's session of the board
of county commissioners, the records of the proceedings of the session of the
previous day shall be read, or provided to each commissioner in written form, by the clerk of the board, and, if correct,
approved and signed by the commissioners. When the board is not in session,
the record of proceedings shall be kept in the county auditor's office or, if
the county has a full-time clerk, in the county commissioners' office, open at
all proper times to public inspection. It shall be certified by the president
and clerk of the board, and shall be received as evidence in every court in
the state.
Sec. 504.021. As used in this chapter, except for its use in sections 504.01 and 504.02 of the Revised Code, a "board of township trustees" means only a board of township trustees of a township that adopts a limited home rule government under this chapter.
Sec. 504.11. (A) The vote on the question of passage of
a
resolution provided for in section 504.10 of the
Revised Code or a
motion related to that
resolution shall be taken by yeas and nays
and
entered on the journal, and the resolution or motion shall
not
be
passed without concurrence of a majority of all members of the
board of township trustees, except that each emergency resolution
under
that section
shall require the affirmative vote of all of
the members of the
board for its enactment. If an emergency
resolution fails to
receive the required vote for passage as an
emergency measure but
receives the necessary majority for passage
as a nonemergency
resolution, it shall be considered passed as a
nonemergency
resolution. Except as otherwise provided in division
(B) of this
section, a resolution shall become effective thirty
days after it
is filed with the township
fiscal officer.
Each emergency resolution
shall determine that the resolution is
necessary for the
immediate preservation of the public peace,
health, safety, or
welfare and shall contain a statement of the
necessity for the
emergency. Each resolution shall be
authenticated by the
signature of the township
fiscal
officer, but the failure or
refusal
of the
fiscal officer to
sign a resolution shall not invalidate an
otherwise properly
enacted resolution. (B) Each resolution appropriating money, submitting a
question to the electorate, determining to proceed with an
election, or providing for the approval of a revision,
codification, recodification, or rearrangement of resolutions, or
publication of resolutions in book form, and any
emergency
resolution,
shall take effect, unless a later time is specified in
the
resolution, ten days after it is filed with the township
fiscal officer. Emergency resolutions shall take effect immediately. (C) Each resolution shall be recorded in a book, or other
record prescribed by the board, established and maintained for
that purpose. The township
fiscal officer or a duly
authorized deputy to
the
fiscal officer shall, upon the
request of any person and upon the
payment of a fee established by
the board, certify true copies of
any resolution, and these
certified copies shall be admissible as
evidence in any court. (D) The procedures provided in this section apply only to
resolutions adopted pursuant to a township's limited home rule
powers as
authorized by this chapter.
Sec. 505.375. (A) The (1)(a) The boards of township trustees of one or more townships and the legislative authorities of one or more municipal corporations, or the legislative authorities of two or more municipal corporations, or the boards of township trustees of two or more townships, may negotiate an agreement to form a fire and ambulance district for the delivery of both fire and ambulance services. The agreement shall be ratified by the adoption of a joint resolution by a majority of the members of each board of township trustees involved and a majority of the members of the legislative authority of each municipal corporation involved. The joint resolution shall specify a date on which the fire and ambulance district shall come into being. (b) If a joint fire district created under section 505.371 of the Revised Code or a joint ambulance district created under section 505.71 of the Revised Code is dissolved to facilitate the creation of a fire and ambulance district under division (A)(1)(a) of this section, the townships and municipal corporations forming the fire and ambulance district may transfer to the fire and ambulance district any of the funds on hand, moneys and taxes in the process of collection, credits, and real and personal property apportioned to them under division (D) of section 505.371 of the Revised Code or section 505.71 of the Revised Code, as applicable, for use by the fire and ambulance district in accordance with this section. (2)(a) The board of trustees of a joint
ambulance district
created under section 505.71 of the
Revised Code
and the board of fire district trustees of
a joint fire district created under section 505.371 of the
Revised
Code
may negotiate in accordance with this section to combine
their two joint
districts into a single district, called a fire
and ambulance
district, for the delivery of both fire and
ambulance services, if the
geographic area covered by the
combining joint districts is exactly the same.
Both boards shall
adopt a joint resolution ratifying the
agreement and setting a
date on which the fire and ambulance district shall
come into
being. On (b) On that date, the joint fire district and the joint
ambulance district shall cease to exist, and the power of each to
levy
a tax
upon taxable property shall terminate, except that any
levy of a tax
for the payment of indebtedness within the territory
of the joint fire or
joint ambulance district as it
was composed
at the time the indebtedness was incurred shall continue to be
collected by the successor fire and ambulance district if the
indebtedness remains unpaid. All All funds and other property of the joint districts that
combined into
the fire and ambulance district shall become the
property of the fire
and ambulance district, unless otherwise
provided in the negotiated
agreement. The agreement shall provide
for the settlement of all debts and
obligations of the joint
districts.
(B)(1) The governing body of the a fire and
ambulance district created under division (A)(1) or (2) of this section
shall be a board of trustees of
at least three but no more than
nine members, appointed as
provided in the agreement creating the
district. Members of the board of
trustees may be compensated at
a rate not to exceed thirty dollars per meeting
for not more than
fifteen meetings per year, and may be reimbursed for all
necessary
expenses incurred, as provided in the agreement creating the
district. (2) The board shall employ a clerk and
other employees as it
considers
best, including a fire chief or fire prevention
officers,
and shall fix their compensation.
Neither this
section
nor
any other section of the Revised Code requires, or
shall be
construed to require,
that the fire chief of a fire and
ambulance
district be a
resident
of the district. Before entering
upon the duties of
office, the clerk shall
execute a bond, in the amount and with surety to be
approved
by
the board, payable to the state, conditioned for the faithful
performance of all of the clerk's official duties. The clerk
shall deposit
the bond with the presiding officer of the board,
who shall file a copy of it,
certified by the presiding officer,
with the county auditor of the county
containing the most
territory in the district. The board also shall also provide for the appointment of a fiscal
officer for
the district. The board and may also enter into
agreements with volunteer fire
companies for the use and operation
of fire-fighting equipment. Volunteer
firefighters acting under
such an agreement are subject to the requirements
for volunteer
firefighters set forth in division (A) of section 505.38 of
the
Revised
Code. (3) Employees of the district shall not be removed from office
except as
provided by sections 733.35 to 733.39 of the
Revised
Code, except that, to initiate removal proceedings,
the board
shall designate a private citizen
or, if the employee is employed
as a firefighter, the board may
designate
the fire chief, to
investigate, conduct the proceedings, and prepare
the
necessary
charges in conformity with those sections 733.35 to 733.39 of the
Revised Code, and except that the board shall perform the
functions and duties specified for the municipal legislative
authority under
those sections. The board may pay reasonable
compensation to any private
citizen hired for
services rendered in
the matter. (4) No person shall be appointed as a permanent full-time paid
member of the
district whose duties include fire fighting, or be
appointed as a
volunteer firefighter, unless that person has
received a certificate issued
under former section 3303.07 or
section 4765.55 of the Revised Code
evidencing satisfactory
completion of a firefighter training program. The
board may send
its officers and firefighters to schools of instruction
designed
to promote the efficiency of firefighters and, if authorized
in
advance, may pay their necessary expenses from the funds used for
the
maintenance and operation of the district. The board may choose, by adoption of an appropriate
resolution, to have the
Ohio
medical
transportation board license any
emergency medical service
organization it
operates. If the
board
adopts such a resolution,
Chapter 4766. of
the Revised Code,
except for
sections 4766.06 and
4766.99 of the
Revised Code,
applies
to the organization. All
rules adopted
under the
applicable sections of that
chapter also
apply to the
organization. The board may likewise remove, by
resolution,
remove its
emergency medical service organization from the
jurisdiction of
the Ohio
medical
transportation board. (C) The board of trustees of a fire and ambulance district created under division (A)(1) or (2) of this section may exercise the following powers: (1) Purchase or otherwise provide any fire apparatus,
mechanical
resuscitators, or other fire or ambulance equipment,
appliances, or materials;
fire hydrants; and water supply for
fire-fighting firefighting
purposes that seems
advisable to the board; (2) Provide for the care and maintenance of equipment and,
for that
purpose, purchase, lease, lease with an option to purchase, or construct and maintain
necessary buildings; (3) Establish and maintain lines of fire-alarm
communications within the
limits of the district; (4) Appropriate land for a fire station or medical emergency
unit needed
in order to respond in reasonable time to a fire or
medical emergency, in
accordance with Chapter 163. of the Revised
Code; (5) Purchase, appropriate, or accept a deed or gift of land
to enlarge
or improve a fire station or medical emergency unit; (6) Purchase, lease, lease with an option to purchase, maintain, and use all materials,
equipment,
vehicles, buildings, and land necessary to perform its
duties; (7) Contract for a period not to exceed three years with one
or more
townships, municipal corporations, counties, joint fire
districts, joint ambulance districts,
governmental
agencies, nonprofit corporations, or
private ambulance owners located either
within or outside the
state, to furnish or receive
ambulance services or emergency
medical services within the several
territories
of the contracting
parties, if the contract is first authorized by all boards
of
trustees and legislative authorities concerned; (8) Establish reasonable charges for the use of ambulance or
emergency
medical services under the same conditions under which a
board of fire
district trustees may establish those charges under
section 505.371 of the
Revised Code; (9) Establish all necessary rules to guard against the
occurrence
of
fires and to protect property and lives against
damage and
accidents; (10) Adopt a standard code pertaining to fire, fire
hazards,
and fire
prevention prepared and promulgated by the state or by a
public or private
organization that publishes a model or standard
code; (11) Provide for charges for false alarms at commercial
establishments
in the same manner as joint fire districts are
authorized to do under section
505.391 of the Revised Code; (12) Issue bonds and other evidences of indebtedness,
subject to
Chapter 133. of the Revised Code, but only after
approval by a vote of the
electors of the district as provided by
section 133.18 of the Revised Code; (13) To provide the services and equipment it considers
necessary, levy
a sufficient tax, subject to Chapter 5705. of
the
Revised Code, on all the taxable property in the district. (D) Any municipal corporation or
township may join an
existing fire and ambulance district, whether created under division (A)(1) or (2) of this section, by its legislative
authority's adoption
of a resolution
requesting
the
membership
and upon approval of the board of trustees of
the district.
Any
municipal
corporation or township may withdraw from a district, whether created under division (A)(1) or (2) of this section, by
its
legislative authority's adoption
of a resolution ordering
withdrawal. Upon its withdrawal, the municipal
corporation or
township
ceases to be a part of the district, and the district's
power to levy a
tax on
taxable property in the withdrawing
township or municipal
corporation terminates, except that the
district shall continue to levy and
collect taxes for the payment
of indebtedness within the territory of the
district as it was
composed at the time the indebtedness was incurred. Upon the withdrawal of any township or municipal corporation
from a
district, the county auditor of the county containing the
most territory in
the district shall ascertain, apportion, and
order a division of the funds on
hand, including funds in the
ambulance and emergency medical
services fund, moneys and taxes in
the process of collection, except
for
taxes levied
for the
payment
of indebtedness, credits, and real and personal property on the
basis
of the valuation of the respective tax duplicates of the
withdrawing
municipal
corporation or township and the remaining
territory of the district. (E) As used in this section: (1)
"Governmental agency" includes all departments, boards,
offices,
commissions, agencies, colleges, universities,
institutions, and other
instrumentalities of this or another
state. (2)
"Emergency medical service organization" has the same
meaning as in
section 4766.01 of the Revised
Code.
Sec. 505.391. (A) If, after the fire department of a township,
township fire district, or joint fire district, or a private fire
company with which the fire department of a township, township
fire district, or joint fire district contracts for fire
protection, responds to a false alarm from an automatic fire
alarm system at a commercial establishment or residential
building, the board of township
trustees gives written notice by certified mail that it
may assess a charge of up to three
hundred dollars for each subsequent false alarm within a period
of thirty days occurring after any three false alarm alarms by that system within the same calendar year, the board of
township trustees may assess that charge. This notice
shall be mailed to the owner and the lessee, if any, of the building in which
the system is installed. After the board
gives this notice, the board need not give any additional written
notices before assessing a charge for a false alarm as provided
by this section. If not paid within sixty days after the owner
or lessee receives a written notice by certified mail that a
charge has been assessed, the charge shall be entered upon the real
property tax list and tax duplicate, shall be a lien upon the property
served, and shall be collected as other taxes. Charges collected
under this section shall be returned to the township general
fund. As (B) If payment of the bill assessing a charge for a false alarm is not received within thirty days, the township fiscal officer shall send a notice by certified mail to the manager and to the owner, if different, of the real estate of which the commercial establishment is a part, or to the occupant, lessee, agent, or tenant and to the owner, if different, of the real estate of which the residential building is a part, indicating that failure to pay the bill within thirty days, or to show just cause why the bill should not be paid within thirty days, will result in the assessment of a lien upon the real estate in the amount of the bill. If payment is not received or just cause for nonpayment is not shown within those thirty days, the amount of the bill shall be entered upon the tax duplicate, shall be a lien upon the real estate from the date of the entry, and shall be collected as other taxes and returned to the township treasury to be earmarked for use for fire services.
(C) As used in this section, "commercial establishment" means a
building or buildings in an area used primarily for
nonresidential, commercial purposes.
Sec. 505.94. (A) A board of township trustees may, by
resolution, require the registration of all transient vendors
within the unincorporated territory of the township and may
regulate the time, place, and manner in which these
vendors may sell, offer for sale, or solicit orders for future
delivery of goods, or the board may, by resolution, prohibit these
activities within that territory. If the board
requires the registration of all transient vendors, it may establish a
reasonable
registration fee, not to exceed seventy-five one hundred fifty dollars for a
registration period, and this registration shall be valid for a
period of at least ninety days after the date of registration.
Any board of township trustees that provides for the registration
and regulation, or prohibition, of transient vendors
under this section shall
notify the prosecuting attorney of the
county in which the
township is located of its registration and regulatory
requirements or prohibition. No transient
vendor shall
fail to register or to comply with regulations or prohibitions
established by a board of
township trustees under this division. This division does not authorize a board of township trustees to apply a
resolution it adopts under this division to any person invited by an owner or
tenant to visit the owner's or tenant's premises to sell, offer for sale, or
solicit orders for future delivery of goods. (B) As used in this section: (1) "Goods" means goods, wares, services, merchandise, periodicals, and
other articles or publications. (2) "Transient vendor" means any
person who opens a temporary place of business for the sale of
goods or who, on the streets or while traveling about the
township, either sells or offers for sale goods,
or solicits orders for future
delivery of goods where payment is required prior to the delivery
of the goods. "Transient
vendor"
does not include any
person who represents any entity exempted from taxation under section
5709.04 of the Revised Code, that notifies the board of township
trustees that its representatives are present in the township for
the purpose of either selling or offering for sale
goods, or soliciting orders
for future delivery of goods, and does not include a person licensed under Chapter 4707. of the Revised Code.
Sec. 515.01. The board of township trustees may provide
artificial lights for any road, highway, public place, or
building under its supervision or control, or for any territory
within the township and outside the boundaries of any municipal
corporation, when the board determines that the public safety or
welfare requires that the road, highway, public place, building,
or territory shall be lighted. The lighting may be procured
either by the township installing a lighting system or by
contracting with any person or corporation to furnish lights. If lights are furnished under contract, the contract may
provide that the equipment employed may be owned by the township
or by the person or corporation supplying it the lights. If the board determines to procure lighting by
contract and the total estimated cost of the contract exceeds twenty-five
thousand dollars, the board shall prepare plans and
specifications for the lighting equipment and shall, for two
weeks, advertise for bids for furnishing the lighting equipment, either
by posting the advertisement in three conspicuous places in the
township or by publication of the advertisement once a week, for two
consecutive weeks, in a newspaper of general circulation in the
township. Any such contract for lighting shall be made with the
lowest and best bidder. No lighting contract awarded by the board shall be made to
cover a period of more than ten twenty years. The cost of installing
and operating any lighting system or any light furnished under
contract shall be paid from the general fund of the township
treasury.
Sec. 5705.10. (A) All revenue derived from the general levy
for current expense within the ten-mill limitation, from any
general levy for current expense authorized by vote in excess of
the ten-mill limitation, and from sources other than the general
property tax, unless its use for a particular purpose is
prescribed by law, shall be paid into the general fund. (B) All revenue derived from general or special levies for debt
charges, whether within or in excess of the ten-mill limitation,
which is levied for the debt charges on serial bonds, notes, or
certificates of indebtedness having a life less than five years,
shall be paid into the bond retirement fund; and all such revenue
which is levied for the debt charges on all other bonds, notes,
or certificates of indebtedness shall be paid into the sinking
fund. (C) All revenue derived from a special levy shall be credited
to a special fund for the purpose for which the levy was made. (D) Except as otherwise provided by resolution adopted pursuant
to section 3315.01 of the Revised Code, all revenue derived from
a source other than the general property tax and which the law
prescribes shall be used for a particular purpose, shall be paid
into a special fund for such purpose. Except as otherwise
provided by resolution adopted pursuant to section 3315.01 of the
Revised Code or as otherwise provided by section 3315.40 of the
Revised Code, all revenue derived from a source other than the
general property tax, for which the law does not prescribe use
for a particular purpose, including interest earned on the
principal of any special fund, regardless of the source or
purpose of the principal, shall be paid into the general fund. (E) All proceeds from the sale of public obligations or
fractionalized interests in public obligations as defined in
section 133.01 of the Revised Code, except premium and accrued
interest, shall be paid into a special fund for the purpose of
such issue, and any interest and other income earned on money in
such special fund may be used for the purposes for which the
indebtedness was authorized or may be credited to the general
fund or other fund or account as the taxing authority authorizes
and used for the purposes of that fund or account. The premium
and accrued interest received from such sale shall be paid into
the sinking fund or the bond retirement fund of the subdivision. If (F) Except as provided in division (G) of this section, if a permanent improvement of the subdivision is sold, the
amount received from the sale shall be paid into the sinking
fund, the bond retirement fund, or into a special fund for the
construction or acquisition of permanent improvements; provided
that the proceeds from the sale of a public utility shall be paid
into the sinking fund or bond retirement fund to the extent
necessary to provide for the retirement of the outstanding
indebtedness incurred in the construction or acquisition of such
utility. Proceeds from the sale of property other than a
permanent improvement shall be paid into the fund from which such
property was acquired or is maintained, or, if there is no such
fund, into the general fund.
(G) A township that has a population greater than fifteen thousand according to the most recent federal decennial census and that has declared one or more improvements in the township to be a public purpose under section 5709.73 of the Revised Code may pay proceeds from the sale of a permanent improvement of the township into its general fund if both of the following conditions are satisfied:
(1) The township fiscal officer determines that all foreseeable public infrastructure improvements, as defined in section 5709.40 of the Revised Code, to be made in the township in the ten years immediately following the date the permanent improvement is sold will have been financed through resolutions adopted under section 5709.73 of the Revised Code on or before the date of the sale. The fiscal officer shall provide written certification of this determination for the township's records.
(2) The permanent improvement being sold was financed entirely from moneys in the township's general fund. (H) Money paid into any fund shall be used only for the
purposes for which such fund is established.
Section 2. That existing sections 148.04, 148.06, 305.11, 504.11, 505.375, 505.391, 505.94, 515.01, and 5705.10 of the Revised Code are hereby repealed.
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