2019 -- S 0606

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LC001410

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - DEFINITIONS AND GENERAL CODE

PROVISIONS

     

     Introduced By: Senators Archambault, Lombardi, McKenney, Coyne, and Lynch Prata

     Date Introduced: March 14, 2019

     Referred To: Senate Judiciary

     (Dept. of Corrections)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-1-3 of the General Laws in Chapter 31-1 entitled "Definitions

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and General Code Provisions" is hereby amended to read as follows:

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     31-1-3. Types of vehicles. [Effective January 1, 2019.]

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     (a)(1) "Antique motor car" means any motor vehicle that is more than twenty-five (25)

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years old. Unless fully inspected and meeting inspection requirements, the vehicle may be

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maintained solely for use in exhibitions, club activities, parades, and other functions of public

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interest. The vehicle may also be used for limited enjoyment and purposes other than the

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previously mentioned activities, but may not be used primarily for the transportation of

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passengers or goods over any public highway.

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     (2) After the vehicle has met the requirements of state inspection, a registration plate may

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be issued to it on payment of the standard fee. The vehicle may be operated on the highways of

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this and other states, and may, in addition to the registration plate, retain the designation "antique"

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and display an "antique plate".

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     (3) For any vehicle that is more than twenty-five (25) years old, the division of motor

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vehicles may also issue or approve, subject to rules and regulations that may be promulgated by

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the administrator, a "year of manufacture plate" for the vehicle that is an exact replica plate

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designating the exact year of manufacture of the vehicle.

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     (b)(1) "Antique motorcycle" means any motorcycle that is more than twenty-five (25)

 

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years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be

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maintained solely for use in exhibitions, club activities, parades, and other functions of public

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interest. The vehicle may also be used for limited enjoyment and purposes other than the

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previously mentioned activities, but may not be used primarily for the transportation of

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passengers or goods over any public highway; and

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     (2) After the vehicle has met the requirements of state inspection, a registration plate may

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be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways

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of this and other states, and may, in addition to the registration plate, retain the designation

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"antique" and display an "antique plate".

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     (c) "Authorized emergency vehicle" means vehicles of the fire department (fire patrol);

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police vehicles; vehicles used by Rhode Island state marshals in of the department of corrections

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while in the performance of official duties; vehicles used by the state bomb squad within the

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division of state fire marshal; vehicles of municipal departments or public service corporations

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designated or authorized by the administrator as ambulances and emergency vehicles; and

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privately owned motor vehicles of volunteer firefighters or privately owned motor vehicles of

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volunteer ambulance drivers or attendants, as authorized by the department chief or commander

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and permitted by the Rhode Island Association of Fire Chiefs and Rhode Island Association of

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Police Chiefs Joint Committee for Volunteer Warning Light Permits.

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     (d) "Automobile" means, for registration purposes, every motor vehicle carrying

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passengers other than for hire.

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     (e) "Bicycle" means every vehicle having two (2) tandem wheels, except scooters and

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similar devices, propelled exclusively by human power, and upon which a person may ride.

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     (f) "Camping recreational vehicle" means a vehicular type camping unit, certified by the

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manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living

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quarters for recreation that has either its own motor power or is mounted on, or towed by, another

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vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers,

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and pick-up campers.

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     (g) "Electric motorized bicycle" means a motorized bicycle that may be propelled by

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human power or electric motor power, or by both, with an electric motor rated not more than two

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(2) (S.A.E.) horsepower, that is capable of a maximum speed of not more than twenty-five (25)

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miles per hour.

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     (h) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing, non-

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tandem two-wheeled (2) device, designed to transport only one person, with an electric

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propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour.

 

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     (i) "Fifth-wheel trailer": A towable recreational vehicle, not exceeding four hundred

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(400) square feet in area, designed to be towed by a motorized vehicle that contains a towing

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mechanism that is mounted above or forward of the tow vehicle's rear axle and that is eligible to

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be registered for highway use.

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     (j) "Hearse" means every motor vehicle used for transporting human corpses. A hearse

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shall be considered an automobile for registration purposes.

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     (k) "Jitney or bus" means: (1) A "public bus" that includes every motor vehicle, trailer,

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semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers

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for hire, and operated wholly or in part upon any street or highway as a means of transportation

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similar to that afforded by a street railway company, by indiscriminately receiving or discharging

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passengers, or running on a regular route or over any portion of one, or between fixed termini; or

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(2) A "private bus" that includes every motor vehicle other than a public bus or passenger van

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designed for carrying more than ten (10) passengers and used for the transportation of persons,

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and every motor vehicle other than a taxicab designed and used for the transportation of persons

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for compensation.

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     (l) "Motorcycle" means only those motor vehicles having not more than three (3) wheels

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in contact with the ground and a saddle on which the driver sits astride, except bicycles with

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helper motors as defined in subsection (n) of this section.

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     (m) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a

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motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in

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subsection (n) of this section.

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     (n) "Motorized bicycles" means two-wheel (2) vehicles that may be propelled by human

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power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9)

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horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum

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speed of not more than thirty (30) miles per hour.

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     (o) "Motorized camper": A camping recreational vehicle, built on, or permanently

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attached to, a self-propelled motor vehicle chassis cab or van that is an integral part of the

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completed vehicle.

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     (p) "Motorized tricycles" means tricycles that may be propelled by human power or

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helper motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of

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a maximum speed of not more than thirty (30) miles per hour.

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     (q) "Motorized wheelchair" means any self-propelled vehicle, designed for, and used by,

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a person with a disability that is incapable of speed in excess of eight (8) miles per hour.

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     (r) "Motor scooter" means a motor-driven cycle with a motor rated not more than four

 

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and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable

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of a maximum speed of not more than thirty (30) miles per hour.

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     (s) "Motor vehicle" means every vehicle that is self-propelled or propelled by electric

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power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved

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exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection

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(g) of this section, and motorized wheelchairs.

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     (t) "Motor vehicle for hire" means every motor vehicle other than jitneys, public buses,

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hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport

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persons for compensation in any form, or motor vehicles rented for transporting persons either

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with or without furnishing an operator.

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     (u) "Natural gas vehicle" means a vehicle operated by an engine fueled primarily by

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natural gas.

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     (v) "Park trailer": A camping recreational vehicle that is eligible to be registered for

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highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels;

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and (2) Certified by the manufacturer as complying with ANSI A119.5.

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     (w) "Passenger van" means every motor vehicle capable of carrying ten (10) to fourteen

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(14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger

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vans may be used for vanpools, transporting passengers to and from work locations, provided that

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the operator receives no remuneration other than free use of the vehicle.

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     (x) "Pedal carriage" (also known as "quadricycles") means a nonmotorized bicycle with

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four (4) or more wheels operated by one or more persons for the purpose of, or capable of,

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transporting additional passengers in seats or on a platform made a part of or otherwise attached

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to the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed

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to it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the

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transportation of a person with a disability, nor shall it include a tricycle built for a child or an

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adult with a seat for only one operator and no passenger.

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     (y) "Pick-up camper": A camping recreational vehicle consisting of a roof, floor, and

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sides designed to be loaded onto and unloaded from the back of a pick-up truck.

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     (z) "Rickshaw" (also known as "pedi cab") means a nonmotorized bicycle with three (3)

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wheels operated by one person for the purpose of, or capable of, transporting additional

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passengers in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This

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definition shall not include a bicycle built for two (2) where the operators are seated one behind

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the other, nor shall it include the operation of a bicycle with trainer or beginner wheels affixed

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thereto, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for

 

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the transportation of a person with a disability.

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     (aa) "School bus" means every motor vehicle owned by a public or governmental agency,

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when operated for the transportation of children to or from school; or privately owned, when

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operated for compensation for the transportation of children to or from school.

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     (bb) "Suburban vehicle" means every motor vehicle with a convertible or interchangeable

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body or with removable seats, usable for both passenger and delivery purposes, and including

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motor vehicles commonly known as station or depot wagons or any vehicle into which access can

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be gained through the rear by means of a hatch or trunk and where the rear seats can be folded

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down to permit the carrying of articles as well as passengers.

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     (cc) "Tent trailer": A towable recreational vehicle that is mounted on wheels and

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constructed with collapsible partial side walls that fold for towing by another vehicle and unfold

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for use and that is eligible to be registered for highway use.

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     (dd) "Trackless trolley coach" means every motor vehicle that is propelled by electric

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power obtained from overhead trolley wires, but not operated on rails.

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     (ee) "Travel trailer": A towable recreational vehicle, not exceeding three hundred twenty

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square feet (320') in area, designed to be towed by a motorized vehicle containing a towing

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mechanism that is mounted behind the tow vehicle's bumper and that is eligible to be registered

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for highway use.

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     (ff) "Vehicle" means every device in, upon, or by which any person or property is or may

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be transported or drawn upon a highway, except devices used exclusively upon stationary rails or

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tracks.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - DEFINITIONS AND GENERAL CODE

PROVISIONS

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     This act would classify all vehicles used by the department of corrections in the

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performance official duties as authorized emergency vehicles.

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     This act would take effect upon passage.

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