Run Time: Friday,
Jan-16-2009,
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Age discrimination.
(V.
Smith) Digest
Provides that it is the public
policy of the state to provide its citizens equal opportunity,
regardless of whether an individual is 40 years of age or older, and to
eliminate separation or segregation on the basis that an individual is
40 years of age or older. Transfers jurisdiction over age discrimination
proceedings from the commissioner of labor to the civil rights
commission. Prohibits certain actions by an employer, a labor
organization, or an employment agency relating to discrimination against
an individual 40 years of age or older. Establishes procedures for
filing an age discrimination complaint. Provides that an age
discrimination claim properly filed with the department of labor will be
adjudicated by the department of labor. Repeals provisions concerning
the jurisdiction of the commissioner of labor over age discrimination
cases.
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Ignition interlock
devices.
(Duncan)
Digest
Provides that a court may grant
probationary driving privileges to a person who is convicted of
operating a vehicle or motorboat while intoxicated (OWI) and who does
not have a previous OWI conviction or whose previous OWI conviction was
at least ten years in the past, but only if the court grants the
probationary driving privileges subject to the condition that for six
months the person may not operate a motor vehicle unless the motor
vehicle is equipped with a functioning certified ignition interlock
device. Requires a court, when granting probationary driving privileges
to a person who is convicted of OWI and whose previous OWI conviction
was at least five but less than ten years in the past, to grant the
probationary driving privileges subject to the condition that for six
months the person may not operate a motor vehicle unless the motor
vehicle is equipped with a functioning certified ignition interlock
device.
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Family leave for
smaller employers.
(Day)
Digest
Allows an employee who works for an
employer that employs at least 20 employees but not more than 49
employees to take up to eight work weeks of unpaid family leave to be
with the employee's child or spouse for prenatal preparations or for the
birth, adoption, serious illness, or injury of the employee's child, or
the illness or injury of the employee's parent or spouse. Provides that
an employee must work at least 30 hours per week to be eligible for
family leave. Provides that an employer is not required to grant family
leave to an employee who is among the highest paid 10% of
employees. Requires an employer to notify an employee of the denial of
family leave. Protects an employee's employment and benefit rights.
Requires the commissioner of labor to enforce these provisions.
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Local option sales
tax. (Wolkins)
Digest
Provides that a municipality may
levy a local option gross retail tax of 1% of retail sales occurring in
the municipality if the office of tourism development certifies the
municipality as an outstanding
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Product transfer
between beer wholesalers.
(VanHaaften)
Digest
Provides that a primary source of
supply that acquires brands of beer, flavored malt beverages, or
nonalcoholic beverages: (1) shall reappoint the existing beer wholesaler
to distribute the brands; and (2) is prohibited from transferring the
brands to another beer wholesaler; if the brands represent at least 15%
of the existing wholesaler's dollar sales in the 12 months preceding the
acquisition. Requires a primary source of supply that acquires brands of
beer, flavored malt beverages, or nonalcoholic beverages to give a beer
wholesaler notice of the primary source of supply's intent not to
reappoint the wholesaler not later than 60 days after acquisition of the
brands.
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Mandatory ignition
interlock for DUI.
(Crouch)
Digest
Requires a court to prohibit a
person convicted of operating while intoxicated from operating a motor
vehicle that is not equipped with an ignition interlock device for: (1)
at least six months if the person does not have a prior conviction for
operating while intoxicated; or (2) at least one year if the person has
a prior conviction for operating while intoxicated. Requires a court to
order the installation of an ignition interlock device if the court
grants a person probationary driving privileges in connection with an
operating while intoxicated offense. Makes conforming amendments.
Repeals superseded provisions.
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Digest
Makes it a Class C infraction for
the owner of a retail establishment to sell or distribute: (1) chewing
tobacco; (2) cigars, cigarettes, and snuff that contain tobacco; and (3)
pipe tobacco; through a self-service display other than a coin operated
machine. (The current law prohibits only the sale or distribution of
cigarettes through the self-service display.)
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Illegal immigrant
matters.
(Tincher)
Digest
Requires the superintendent of the
state police department to negotiate terms of a memorandum of
understanding concerning a pilot project for the enforcement of federal
immigration and customs laws. Prohibits an employer from knowingly
employing, after June 30, 2010, an unauthorized alien. Authorizes the
attorney general to: (1) investigate a complaint that an employer
knowingly employed an unauthorized alien; and (2) notify United States
Immigration and Customs Enforcement and the department of labor
(department) under certain conditions. Authorizes the department to
initiate administrative proceedings against an employer for knowingly
employing an unauthorized alien. Requires employers to verify the
employment eligibility of an employee through the federal employment
verification pilot program. Prohibits the department from initiating an
administrative proceeding against an employer that verifies the
employment authorization of an employed individual through the pilot
program. Establishes an affirmative defense if the employer complied in
good faith with the federal employment verification requirements. Makes
it a Class B misdemeanor to file a complaint, knowing the complaint is
false or frivolous, with the attorney general. Prohibits a governmental
body from enacting an ordinance, resolution, rule, or policy that
prohibits or limits another governmental body from sending, receiving,
maintaining, or exchanging information on the citizenship or immigration
status of an individual. Prohibits a state agency or political
subdivision from entering into or renewing a public contract for
services with a contractor if the state agency or political subdivision
knows that the contractor employs or contracts with unauthorized aliens.
Allows a contractor of a public contract for services to terminate a
contract with a subcontractor if the subcontractor employs or contracts
with unauthorized aliens. Requires the department of workforce
development to verify the lawful presence of certain individuals to
determine the individual's eligibility for unemployment benefits through
the SAVE program.
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Gift cards.
(Cherry)
Digest
Provides that a person may not issue
a gift card that is subject to an expiration date or a fee.
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Nutritional
information at food establishments.
(C.
Brown) Digest
Requires a food establishment with
ten or more locations in
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Digest
Allows the city of
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Wineries.
(Welch)
Digest
Allows the holder of an
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Various gaming
matters.
(VanHaaften)
Digest
Specifies that the gaming commission
may require an individual to submit the individual's Social Security
number in the course of an investigation. Requires licensed owners,
operating agents, permit holders, and applicants to submit a proposed
power of attorney to the gaming commission. Provides that the power of
attorney must designate a trustee to operate the principal's riverboat
or slot machine facility on behalf of the principal if certain events
occur. Provides that the gaming commission must approve the trustee and
the powers delegated to the trustee in the power of attorney. Specifies
the conditions under which the trustee may conduct gambling operations
on a riverboat or at a racetrack. Consolidates licensing requirements
for riverboat and slot machine facility suppliers. Increases the
suppliers' initial license fees and annual renewal fees from $5,000 to
$7,500. Transfers duties concerning the gaming integrity fund from the
gaming commission to the horse racing commission.
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Gaming in taverns.
(VanHaaften)
Digest
Withdraws the authorization provided
by HEA 1153-2008 for winner take all drawings conducted by qualified
organizations. Replaces the authorization in HEA 1153-2008 for raffles
and winner take all drawings in taverns with authorization to conduct
qualified drawings. Specifies the manner in which qualified drawings may
be conducted.
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Sales tax on lottery
tickets.
(Herrell)
Digest
Imposes the state gross retail tax
on the sale of lottery tickets. Establishes the lottery sales tax fund
to: (1) pay the expenses of the stroke prevention task force; and (2)
provide scholarships to
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Taxes on alcoholic
beverages for health care.
(T.
Brown) Digest
Increases the excise taxes on all
alcoholic beverages. Establishes the health care fund. Requires the
family and social services administration to use the money to make
intergovernmental transfers for disproportionate share hospital care,
hospital care for the indigent, and the hospital care for the indigent
upper payment level program. Specifies that 25 percent of the new
revenue must be used to make payments to physician providers
participating in Medicaid. (The introduced version of this bill was
prepared by the select joint commission on Medicaid oversight.)
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Require
identification to buy alcoholic beverages.
(Culver)
Digest
Requires a seller of alcoholic
beverages to require a consumer to present proof that the consumer is at
least 21 years of age, regardless of the apparent age of the consumer.
Provides that a permittee who fails to require a consumer to provide
identification commits a Class A infraction.
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Type II gaming
license renewal fees.
(Tyler)
Digest
Provides that the fee for renewing a
type II gaming retailer's endorsement is $250. Repeals the renewal fee
structure that is based upon the previous year's adjusted gross revenue.
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Study of vehicle
registration and plate suspension.
(Burton)
Digest
Establishes the interim study
committee on vehicle registration suspension and license plate
forfeiture. Requires the committee to study: (1) the means by which the
registration of a motor vehicle may be suspended and its license plate
subject to forfeiture when the driver's license of the individual to
whom the motor vehicle is registered has been suspended for operating a
vehicle while intoxicated; and (2) the method by which the motor
vehicle's registration may be reinstated and its license plate reissued
upon application by a member of the individual's household who possesses
a valid driver's license.
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Notice of meetings.
(Mrvan)
Digest
Requires a public agency to give
notice of the agency's meetings to any person who makes an annual
request for notice. Requires the public agency to charge a $10 fee for
providing notice by mail. Requires notice to be given at least five
business days before a meeting that does not deal with an emergency.
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Equivalent jobs and
wage discrimination.
(Mrvan)
Digest
Provides that an employer may not
discriminate against an employee on the basis of sex, race, or national
origin by paying a wage less than the wage paid to an employee of
another sex, race, or national origin for work in an equivalent job.
Requires an employer to keep certain records of wages paid to an
employee and to provide certain documentation to the employee, including
an annual statement of how the wages were calculated. Requires the
department of labor to adopt rules, including specification of certain
criteria for determining whether a
job is dominated by employees of one sex, a particular race, or a
particular national origin. Allows an employee claiming wage
discrimination to file a complaint with the civil rights commission.
Authorizes a civil action against an employer that fails to comply with
certain wage reporting requirements or that takes certain discriminatory
actions. Provides for damages against the employer in certain
circumstances. Makes conforming changes.
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Prohibit retention of
certain access device data.
(Walker)
Digest
Prohibits a person that accepts an
access device card, such as a credit card, debit card, or stored value
card, in connection with a transaction, from retaining the card security
code, the PIN verification code number, or the full contents of the
information contained in the magnetic stripe or microprocessor chip of
the access device: (1) after authorization of the transaction if the
transaction is not a PIN debit transaction; or (2) more than 48 hours
after authorization of the transaction if the transaction is a PIN debit
transaction. Provides that a person violates this prohibition if the
person's service provider retains the information. Requires a person
that violates the prohibition to reimburse a state or federally
chartered or federally insured financial institution for the costs
associated with a breach of the security of a system of the person or
the person's service provider.
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Office of performance
review.
(Zakas)
Digest
Establishes the office of
performance review within the state board of accounts.
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Notice of lobbyist
contact with legislators/staff.
(Delph)
Digest
Requires a lobbyist to file weekly
legislative contact reports with the lobby registration commission.
Requires a legislative contact report to contain: (1) the name of each
member of the general assembly, officer of the general assembly, or
employee of the general assembly with whom the lobbyist has had any
communication to influence any legislative action; (2) whether the
lobbyist communicated with the governor or any member of the staff of
the office of the governor regarding any legislative action; and (3) for
each identified communication, the date and time of the communication
and the nature of the legislative action that was the subject of the
communication. Requires legislative contact reports to be filed
electronically and be available online the next day after the reports
are required to be filed.
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Reduction of sales
and use tax rate.
(Delph)
Digest
Reduces the state gross retail and
use tax rate from 7% to 6% effective
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Operating while
intoxicated.
(Wyss,
Broden)
Digest
Specifies alcohol concentration
equivalents for blood tests conducted on blood serum instead of whole
blood for use in laws concerning the operation of motor vehicles and
motorboats while intoxicated.
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Ignition interlock
devices.
(Head)
Digest
Requires a court to prohibit a
person convicted of operating while intoxicated from operating a motor
vehicle for at least 90 days if the vehicle is not equipped with an
ignition interlock device. Makes conforming amendments. Repeals
superseded provisions.
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Remote alcohol
monitoring detention.
(Miller)
Digest
Specifies that a remote alcohol
monitoring program is a program in which a person is required to wear at
all times a portable device capable of automatic or on demand testing,
recording, and transmission of the person's alcohol consumption level.
Authorizes a court to require a person to participate in a remote
alcohol monitoring program as a condition of probation, community
corrections, or participation in a reentry court program.
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Prohibit smoking in
public places.
(Errington)
Digest
Prohibits smoking in public places
and places of employment. Establishes certain civil penalties for
violations. Requires that the civil penalties collected for violations
be deposited into the tobacco use prevention and cessation trust fund.
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Identity deception.
(Steele)
Digest
Creates the identity theft unit
(unit) in the office of the attorney general, and specifies that the
unit shall: (1) investigate consumer complaints related to identity
theft; (2) assist victims of identity theft; (3) cooperate with law
enforcement investigations related to identity theft; and (4) assist
state and federal prosecuting attorneys in the investigation and
prosecution of identity theft. Authorizes certain agencies and persons
to cooperate with the unit in investigating identity theft, and
authorizes a prosecuting attorney to deputize the attorney general or a
deputy attorney general to assist in the prosecution of an identity
theft case. Provides that the unit may establish an educational program
to inform consumers concerning identity theft. Requires the owner of a
data base to notify the attorney general and the owner's regulator, if
applicable, of a breach of the security of data. Specifies certain
information that a data base owner must disclose if there is a breach of
the security of data, establishes a rebuttable presumption that failing
to notify affected persons within 30 days after discovering a breach
constitutes unreasonable delay, and requires a data base owner to take
certain steps to safeguard data. Provides certain rights to the victims
of identity theft. Increases the penalty for identity deception
committed against the person's child to a Class C felony. Provides that
unlawfully using identifying information that identifies a person other
than the person who is using the information but that does not belong in
its entirety to any live or deceased person constitutes synthetic
identity deception. Makes other changes and conforming amendments.
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Various lottery
matters.
(Merritt)
Digest
Authorizes the lottery commission to
obtain an individual's Social Security number in the course of an
investigation of a vendor or retailer. Extends the period in which an
instant prize may be claimed from 60 to 180 days after the end of the
lottery game. Provides that the right to a prize in the state lottery is
not considered an account for purposes of the Uniform Commercial Code.
(This provision eliminates a conflict between the lottery law, which
does not permit the right to a prize to be assigned, and the Uniform
Commercial Code, which does.) Requires the lottery commission to deduct
from a lottery prize amounts intercepted by law for payment to the state
and pay the balance of the prize to the prize winner. (Current law
requires the lottery commission to transfer the prize to the auditor of
state who makes the deduction and pays the balance to the prize winner.)
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Direct wine sales.
(Steele)
Digest
Provides that a person who engages
in the retail sale of wine is eligible for a direct wine seller's
permit. Removes requirements that before a direct wine seller (seller)
may sell to a consumer: (1) the consumer must provide information in one
face-to-face transaction at the seller's place of business; or (2) under
certain circumstances, the consumer must provide a verified statement
that the consumer is at least 21 years of age, and the seller must
provide information to the alcohol and tobacco commission (commission).
Amends the eligibility requirements for a direct wine seller's permit.
Requires a consumer to provide the consumer's name, valid delivery
address and telephone number, payment, and proof of age by a state
issued driver's license or identification card, electronically or
otherwise transmitted, before a seller may sell wine directly to a
consumer. Requires sellers to remit quarterly to the department of state
revenue all
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Wineries.
(Steele)
Digest
Allows the holder of an
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Nonsmoking tobacco
products tax.
(Kruse)
Digest
Increases the tobacco products tax
(nonsmoking) from 24% to 31% of the wholesale price. Reduces the
collection allowance from 0.006 to 0.0052 of the amount due. Provides
that $1,500,000 of the revenue from the increase is appropriated to the
department of health for prenatal substance abuse programs and the
remainder of the increase is deposited in the
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Alcoholic beverage
sales on election day.
(Alting)
Digest
Allows alcoholic beverages to be
sold on election days.
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Smoking ban in public
places.
(Dillon)
Digest
Prohibits smoking in public places
and places of employment. Provides exceptions to the smoking
prohibitions. Allows a person who owns or controls an establishment,
facility, or outdoor area that does not qualify as a public place or
place of employment to declare the area a nonsmoking place. Requires the
posting of "no smoking" signs in and the removal of ashtrays from a
public place or place of employment. Prohibits firing or refusing to
hire a person for reporting a violation or exercising an obligation
under the smoking ban law. Prohibits smoking on school buses. Requires
the department of health (department) or the department's designee to
enforce the smoking prohibitions. Requires the department to establish a
schedule of civil penalties. Establishes the public smoking enforcement
fund. Provides procedures for administering civil penalties for
violations. Establishes duties for the department. Provides procedures
for administering civil penalties for violations. Allows local
governments to adopt more restrictive anti-smoking ordinances. Repeals
the current clean indoor air law and related definitions. Makes
conforming changes.
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Alcoholic beverage
permits.
(Sipes)
Digest
Allows the alcohol and tobacco
commission to issue a three-way permit to a restaurant in a city or town
with a population of less than 25,000, if: (1) the permit applicant has
a one-way or two-way permit; and (2) the permit applicant's
establishment is qualified to hold a three-way permit but for the quota
provisions. (Current law applies this provision only to a city or town
with a population of less than 20,000.)
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Charity gaming.
(Leising)
Digest
Provides that a charity gaming
patron is not required to submit and a qualified organization is not
required to obtain, record, or report the name, signature, driver's
license number, or other identifying information of a charity gaming
patron unless the qualified organization is required to withhold
adjusted gross income tax from a prize winner. Provides that an
administrative rule that requires a patron to submit or a qualified
organization to obtain, record, or report information that is
inconsistent with these provisions is void.
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Sunday carryout by
microbreweries.
(Simpson,
Alting)
Digest
Allows a microbrewery to sell the
brewery's beer for carryout on Sunday.
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Merchant's collection
allowance.
(Mrvan)
Digest
Reduces the retail merchant's
collection allowance in current law by 50%.
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Local sales taxes.
(Stutzman)
Digest
Provides that a municipality may
levy a local option gross retail tax of 1/2% of retail sales occurring
in the municipality if the office of tourism development certifies the
municipality as an outstanding
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Department of
workforce development collections.
(Kruse)
Digest
Authorizes the department of
workforce development (DWD) or its agent to collect delinquent
unemployment insurance assessments and benefit overpayments after filing
a judgment lien for the amount due. Authorizes collection of a judgment
lien by taking any of the following actions: (1) Levy upon property held
by a financial institution. (2) Garnishment. (3) Levy and sale of real
or personal property. (4) Use of a data match system with financial
institutions. Provides that officers and members of corporate,
partnership, or limited liability company entities are personally liable
for the payment of their employer's delinquent assessments. Authorizes
the DWD to employ special counsel or contract with a collection agency
and to set the fee that the counsel or agency receives. Adds collection
fees to the judgment lien amount. Lengthens from one to three years the
time in which the DWD may begin a collection action against an officer
or director of a corporation effecting a dissolution, liquidation, or
withdrawal. Establishes civil penalties that may be assessed against a
financial institution that fails to provide information required for a
data match system. Provides immunity for a person or entity taking an
action in good faith to collect unemployment insurance assessments or
benefit overpayments unless the action is contrary to the DWD's
direction to the person or entity.
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Various tax matters.
(Hershman)
Digest
Makes changes to bring
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Ignition interlock
devices.
(Steele)
Digest
Changes the requirements and lengths
of time for which a court must order probationary driving privileges
subject to the condition that a person may not operate a motor vehicle
unless the motor vehicle is equipped with a functioning certified
ignition interlock device. Requires a person who is granted probationary
driving privileges subject to the condition that the person may not
operate a motor vehicle unless the motor vehicle is equipped with a
functioning certified ignition interlock device to pay all costs
associated with the installation of an ignition interlock device.
Requires a person convicted of certain operating while intoxicated
offenses to be imprisoned for at least five days or to perform at least
180 hours of community restitution or service. Requires an ignition
interlock device manufacturer to submit monthly reports of device
failures to the bureau of motor vehicles.
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Natural resources
matters.
(Mishler)
Digest
Establishes navigation rules for
sailboats and nonmotorized boats. Removes the element of endangering
others from the definition of "intoxicated" in the boating law. Amends
the evidence requirements for blood alcohol content. Transfers the
responsibility for the governors' portraits collection and governors'
portraits fund from the historical bureau to the division of state
museums and historic sites. Removes the authority of a person with a
federal permit to take or possess a migratory bird or the nest, eggs, or
increase of a migratory bird during the closed season. Adds mourning
doves to the list of game birds that require a habitat restoration stamp
to hunt. Establishes nonresident youth hunting and trapping licenses.
Provides that a nursery stock certificate expires on May 30 following
the date of issuance. (Current law provides that the certificates expire
September 30.) Provides that fumigation with methyl bromide of nursery
seedling beds is an official pest control treatment. Repeals and
relocates governors' portraits laws.
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