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AN ACT
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relating to the restructuring of certain fund accounts of the Texas |
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County and District Retirement System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 842.056, Government Code, is amended to |
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read as follows: |
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Sec. 842.056. CLASS C. If any assets remain after the |
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transfers are made under Sections 842.054 and 842.055, the |
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retirement system shall make a transfer to the closed subdivision |
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[current service] annuity reserve fund in an amount computed as |
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necessary to fund the basic and supplemental annuities of the |
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annuitants of the subdivision and a transfer to the individual |
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account of each member of the class eligible to retire in an amount |
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that equals the multiple matching credits and prior service credits |
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of the member. If necessary, the retirement system shall |
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proportionately reduce an individual's total credits or |
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supplemental annuity, as applicable, based on the ratio that the |
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individual's total actuarial equivalent of benefits described by |
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this section bears to the aggregate total actuarial equivalent of |
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all those benefits of the class. |
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SECTION 2. Section 844.002(b), Government Code, is amended |
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to read as follows: |
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(b) A basic annuity is an amount payable from the |
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subdivision accumulation [current service annuity reserve] fund |
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and is actuarially determined from the sum of a member's: |
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(1) accumulated contributions; and |
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(2) current service credit. |
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SECTION 3. Section 844.309(a), Government Code, is amended |
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to read as follows: |
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(a) If a disability retirement is canceled and the |
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retirement annuity terminated under this subchapter, the person |
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automatically resumes membership in the retirement system and the |
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retirement system shall transfer[:
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[(1)] from the subdivision accumulation [current
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service annuity reserve] fund and credit to the person's individual |
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account in the employees saving fund an amount equal to the amount |
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of accumulated contributions transferred to the subdivision |
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accumulation [current service annuity reserve] fund at the time of |
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retirement reduced by one percent for each year or part of a year |
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during which disability annuity payments were made[; and
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[(2)
from the current service annuity reserve fund to
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the subdivision accumulation fund an amount equal to the amount
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transferred from the subdivision accumulation fund to the current
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service annuity reserve fund at the time of retirement reduced by
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one percent for each year or part of a year during which disability
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annuity payments were made]. |
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SECTION 4. Section 844.402, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) The benefit provided by this section is payable from the |
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[current service annuity reserve fund and the] subdivision |
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accumulation fund [in the ratio that the parts of the retirement
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annuity that were payable from the funds bear to the entire benefit
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as determined on the effective date of retirement]. |
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(d) For plans terminated under Subchapter A-1, Chapter 842, |
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the benefit provided by this section is payable from the closed |
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subdivision annuity reserve fund. |
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SECTION 5. Section 845.305(b), Government Code, is amended |
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to read as follows: |
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(b) All assets of the pension trust of the retirement system |
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shall be credited according to the purpose for which they are held |
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to one of the following funds: |
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(1) employees saving fund; |
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(2) subdivision accumulation fund; |
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(3) closed subdivision [current service] annuity |
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reserve fund; |
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(4) income fund; |
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(5) endowment fund; or |
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(6) expense fund. |
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SECTION 6. Section 845.307(b), Government Code, is amended |
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to read as follows: |
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(b) Subject to Subsection (c), the retirement system shall |
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pay from the subdivision accumulation fund all payments for |
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annuities and other benefit payments [under prior service annuities
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granted before January 1, 1978, and currently in force and all
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payments under supplemental annuities from credits] granted by a |
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participating subdivision. [The retirement system shall charge
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payments from the fund to the participating subdivision's account.] |
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SECTION 7. Section 845.308, Government Code, is amended to |
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read as follows: |
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Sec. 845.308. CLOSED SUBDIVISION [CURRENT SERVICE] ANNUITY |
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RESERVE FUND. (a) The retirement system shall deposit and hold in |
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the closed subdivision [current service] annuity reserve fund all |
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reserves for annuities payable to annuitants who were members of |
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subdivisions that terminated participation with the retirement |
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system under Subchapter A-1, Chapter 842[:
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[(1)
current service annuities in force that were
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granted before January 1, 1978; and
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[(2)
all basic annuities granted on or after January
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1, 1978]. |
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(b) The retirement system shall pay from the closed |
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subdivision [current service] annuity reserve fund annuities |
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described by Subsection (a) and all benefits in lieu of those |
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annuities as provided by this subtitle. |
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SECTION 8. Section 845.315(a), Government Code, is amended |
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to read as follows: |
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(a) As of December 31 of each year, the board of trustees |
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shall make the following allocations that in the aggregate equal |
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the net investment income or loss for the year: |
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(1) to the closed subdivision [current service] |
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annuity reserve fund, interest as allowed under this subtitle on |
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the mean amount in the closed subdivision [current service] annuity |
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reserve fund during that year; |
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(2) to the optional group term life fund, interest as |
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allowed under this subtitle on the mean amount in the optional group |
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term life fund during that year; |
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(3) to the general reserves account of the endowment |
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fund, a positive or negative amount determined by the board; |
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(4) to the employees saving fund, current interest as |
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allowed under this subtitle on the member account balances on |
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January 1 of that year of all persons who are members on December 31 |
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of that year; |
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(5) to the accounts of subdivisions, other than |
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subdivisions otherwise described by this section, positive or |
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negative amounts as determined under rules adopted by the board |
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prescribing the allocation methodology for the accounts; and |
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(6) to the accounts of subdivisions to which Section |
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842.052 or 842.053 applies, positive or negative amounts as |
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determined by the board, and if a subdivision terminates |
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participation before December 31 of that year, the board shall |
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determine the allocation amount and transfer date before December |
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31 of that year. |
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SECTION 9. Section 845.316, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (b) to read as |
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follows: |
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(a) When a member retires, the retirement system shall |
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transfer[:
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[(1)] from the employees saving fund to the |
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subdivision accumulation [current service annuity reserve] fund, |
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the member's accumulated contributions[; and
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[(2)
from the subdivision accumulation fund to the
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current service annuity reserve fund, an amount equal to the
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member's current service credit]. |
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(b) When a member retires from a subdivision that has |
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terminated participation with the retirement system under |
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Subchapter A-1, Chapter 842, the retirement system shall transfer |
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the member's individual account to the closed subdivision annuity |
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reserve fund. |
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SECTION 10. (a) Effective January 1, 2017, the current |
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service annuity reserve fund is renamed the closed subdivision |
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annuity reserve fund and consists of the assets and liabilities of |
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each of the respective accounts in the current service annuity |
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reserve fund for each formerly participating subdivision that has |
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terminated participation with the Texas County and District |
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Retirement System under Subchapter A-1, Chapter 842, Government |
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Code. |
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(b) Effective January 1, 2017, the Texas County and District |
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Retirement System shall transfer, if appropriate, the assets and |
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corresponding liabilities of each participating subdivision's |
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accounts in the closed subdivision annuity reserve fund, formerly |
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known as the current service annuity reserve fund, to the |
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appropriate account in the subdivision accumulation fund, as |
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determined by the board of trustees of the retirement system in |
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consultation with the retirement system's actuary. |
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(c) In administering Subtitle F, Title 8, Government Code, |
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as amended by this Act, including crediting interest and conducting |
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the actuarial valuation required under that subtitle, the Texas |
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County and District Retirement System shall make all necessary |
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computations to reflect the transfers of assets and liabilities |
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required by Subsection (b) of this section based on a valuation date |
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of December 31, 2016. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect January 1, 2016. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 463 passed the Senate on |
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April 9, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 463 passed the House on |
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May 19, 2015, by the following vote: Yeas 146, Nays 0, |
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two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |