HOUSE AMENDMENT
                                                   Bill No. HB 189   Barcode 224339
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Rules, Ethics & Elections offered the
12  following:
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14         Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert in lieu thereof:  
18         Section 1.  This act may be cited as the "Military and
19  Overseas Voter Protection Act."
20         Section 2.  Definitions.--As used in this act, the
21  term:
22         (1)  "Uniformed services" means the Army, Navy, Air
23  Force, Marine Corps, and Coast Guard, the commissioned corps
24  of the Public Health Service, and the commissioned corps of
25  the National Oceanic and Atmospheric Administration.
26         (2)  "Member of the Merchant Marine" means an
27  individual, other than a member of a uniformed service or an
28  individual employed, enrolled, or maintained on the Great
29  Lakes for the inland waterways, who is:
30         (a)  Employed as an officer or crew member of a vessel
31  documented under the laws of the United States, a vessel owned
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    File original & 9 copies    03/28/01                          
    hrc0001                     12:12 pm         00189-ree -224339

HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 by the United States, or a vessel of foreign-flag registry 2 under charter to or control of the United States; or 3 (b) Enrolled with the United States for employment or 4 training for employment, or maintained by the United States 5 for emergency relief service, as an officer or crew member of 6 such vessel. 7 (3) "Overseas voter" means: 8 (a) Members of the uniformed services while in the 9 active service who are permanent residents of the state and 10 are temporarily residing outside the territorial limits of the 11 United States and the District of Columbia; 12 (b) Members of the Merchant Marine of the United 13 States who are permanent residents of the state and are 14 temporarily residing outside the territorial limits of the 15 United States and the District of Columbia; and 16 (c) Other citizens of the United States who are 17 permanent residents of the state and are temporarily residing 18 outside the territorial limits of the United States and the 19 District of Columbia, 20 21 who are qualified and registered to vote as provided by law. 22 Section 3. It is the intent of the Legislature to 23 facilitate the provisions of the federal Uniformed and 24 Overseas Citizens Absentee Voting Act. 25 Section 4. Any person who is qualified as an overseas 26 voter under this act and who has been discharged or separated 27 after the book closing for an election pursuant to section 28 97.055, Florida Statutes, from the uniformed services or 29 Merchant Marine, and any spouse or child accompanying such 30 person, who is otherwise qualified, may register to vote in 31 such election until 5 p.m. on the Friday before said election. 2 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 Such persons must produce sufficient documentation showing 2 evidence of qualifying for late registration pursuant to this 3 section. The Department of State shall adopt rules specifying 4 documentation that is sufficient to determine eligibility. 5 Section 5. State write-in ballot.-- 6 (1) An overseas voter may request, not earlier than 7 180 days before a general election, a state write-in absentee 8 ballot from the supervisor of elections in the county of 9 registration. In order to receive a state write-in ballot, the 10 voter shall state that due to military or other contingencies 11 that preclude normal mail delivery, the voter cannot vote an 12 absentee ballot during the normal absentee voting period. 13 State write-in absentee ballots shall be made available to 14 voters 90 to 180 days prior to a general election. The 15 Department of State shall prescribe by rule the form of the 16 state write-in ballot. 17 (2) In completing the ballot, the overseas voter may 18 designate his or her choice by writing in the name of the 19 candidate or by writing in the name of a political party, in 20 which case the ballot must be counted for the candidate of 21 that political party, if there is such a party candidate on 22 the ballot. 23 (3) Any abbreviation, misspelling, or other minor 24 variation in the form of the name of a candidate or a 25 political party must be disregarded in determining the 26 validity of the ballot if there is a clear indication that the 27 voter has made a definite choice. 28 (4) The state write-in ballot shall contain all 29 offices, federal, state, and local, for which the voter would 30 otherwise be entitled to vote. 31 Section 6. Absentee ballots for overseas voters.-- 3 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 (1) Not fewer than 35 days prior to the first primary 2 and not fewer than 45 days prior to the second primary and the 3 general election, the supervisor of elections shall mail an 4 absentee ballot to each overseas voter who has made a request 5 for an absentee ballot. 6 (2) If the regular absentee ballots for the second 7 primary or general election are not available for mailing by 8 the times prescribed in subsection (1), the supervisor of 9 elections shall mail an advance ballot. 10 (a) The advance ballot for the second primary must be 11 the same as the first primary ballot as to the names of 12 candidates, except that for any offices where there are only 13 two candidates, those offices and all political party 14 executive committee offices shall be omitted. 15 (b) Except as provided in section 99.063(4), Florida 16 Statutes, the advance absentee ballot for the general election 17 shall include the same information as the general election 18 ballot, except that in the case of candidates of political 19 parties when nominations were not made in the first primary, 20 the names of the candidates placing first and second in the 21 first primary election must be printed on the advance absentee 22 ballot. 23 (c) The advance absentee ballot shall be a different 24 color for each election and also a different color from the 25 absentee ballots for the first primary, second primary, and 26 general election. 27 (d) The supervisor shall enclose with the advance 28 ballot an explanation stating that the absentee ballot for the 29 election will be mailed as soon as it is printed; and, if both 30 the advance absentee ballot and the absentee ballot for the 31 election are returned in time to be counted, only the absentee 4 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 ballot will be counted. 2 (e) In the event that the Elections Canvassing 3 Commission is unable to certify the results of an election for 4 a state office in time to comply with the provisions of the 5 subsection, the Department of State is authorized to prescribe 6 rules for a ballot to be sent to overseas voters. 7 (3) If an overseas voter's request for an absentee 8 ballot includes an e-mail address, the supervisor of elections 9 shall inform the voter of the names of candidates who will be 10 on the ballots via electronic transmission. The supervisor of 11 elections shall e-mail to the voter the list of candidates for 12 the first primary not later than 30 days before the first 13 primary; the list of candidates for the second primary not 14 later than eight days after the first primary, and the list of 15 candidates for the general election not later than four days 16 after the second primary. 17 (4) For absentee ballots received from overseas 18 voters, there is a presumption that the envelope was mailed on 19 the date stated and witnessed on the outside of the return 20 envelope, regardless of the absence of a postmark on the 21 mailed envelope or the existence of a postmark date that is 22 later than the date of the election. 23 Section 7. Electronic transmission of election 24 materials.--The Department of State shall adopt rules to 25 authorize a supervisor of elections to accept a request for an 26 absentee ballot and a voted absentee ballot by facsimile 27 machine or other electronic means from overseas voters. The 28 rules must provide that in order to accept a voted ballot, the 29 verification of the voter must be established, the security of 30 the transmission must be established, and each ballot received 31 must be recorded. 5 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 Section 8. If a national or local emergency or other 2 situation arises which makes substantial compliance with the 3 provisions of state or federal law relating to the methods of 4 voting for overseas voters impossible or unreasonable, such as 5 an armed conflict involving United States Armed Forces or 6 mobilization of those forces, including state National Guard 7 and reserve components, the Elections Canvassing Commission 8 may adopt by emergency rules, such special procedures or 9 requirements necessary to facilitate absentee voting by those 10 persons directly affected who are otherwise eligible to vote 11 in the election. 12 Section 9. Subsections (4), (5), (6), and (7) of 13 section 101.62, Florida Statutes, are amended to read: 14 101.62 Request for absentee ballots.-- 15 (4)(a) To each absent qualified elector overseas who 16 has requested an absentee ballot, the supervisor of elections 17 shall, not fewer than 35 days before the first primary 18 election, mail an absentee ballot. Not fewer than 45 days 19 before the second primary and general election, the supervisor 20 of elections shall mail an advance absentee ballot to those 21 persons requesting ballots for such elections. The advance 22 absentee ballot for the second primary shall be the same as 23 the first primary absentee ballot as to the names of 24 candidates, except that for any offices where there are only 25 two candidates, those offices and all political party 26 executive committee offices shall be omitted. Except as 27 provided in s. 99.063(4), the advance absentee ballot for the 28 general election shall be as specified in s. 101.151, except 29 that in the case of candidates of political parties where 30 nominations were not made in the first primary, the names of 31 the candidates placing first and second in the first primary 6 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 election shall be printed on the advance absentee ballot. The 2 advance absentee ballot or advance absentee ballot information 3 booklet shall be of a different color for each election and 4 also a different color from the absentee ballots for the first 5 primary, second primary, and general election. The supervisor 6 shall mail an advance absentee ballot for the second primary 7 and general election to each qualified absent elector for whom 8 a request is received until the absentee ballots are printed. 9 The supervisor shall enclose with the advance second primary 10 absentee ballot and advance general election absentee ballot 11 an explanation stating that the absentee ballot for the 12 election will be mailed as soon as it is printed; and, if both 13 the advance absentee ballot and the absentee ballot for the 14 election are returned in time to be counted, only the absentee 15 ballot will be counted. 16 (b) As soon as the remainder of the absentee ballots 17 are printed, the supervisor shall provide an absentee ballot 18 to each elector by whom a request for that ballot has been 19 made by one of the following means: 20 (a)1. By nonforwardable, return-if-undeliverable mail 21 to the elector's current mailing address on file with the 22 supervisor, unless the elector specifies in the request that: 23 (1.)a. The elector is absent from the county and does 24 not plan to return before the day of the election; 25 (2.)b. The elector is temporarily unable to occupy the 26 residence because of hurricane, tornado, flood, fire, or other 27 emergency or natural disaster; or 28 (3.)c. The elector is in a hospital, assisted-living 29 facility, nursing home, short-term medical or rehabilitation 30 facility, or correctional facility, 31 7 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 in which case the supervisor shall mail the ballot by 2 nonforwardable, return-if-undeliverable mail to any other 3 address the elector specifies in the request. 4 (b)2. By forwardable mail to voters who are entitled 5 to vote by absentee ballot under the Uniformed and Overseas 6 Citizens Voting Act. 7 (c)3. By personal delivery to the elector, upon 8 presentation of the identification required in s. 101.657. 9 (d)4. By delivery to a designee on election day or up 10 to 4 days prior to the day of an election. Any elector may 11 designate in writing a person to pick up the ballot for the 12 elector; however, the person designated may not pick up more 13 than two absentee ballots per election, other than the 14 designee's own ballot, except that additional ballots may be 15 picked up for members of the designee's immediate family. For 16 purposes of this section, "immediate family" means the 17 designee's spouse or the parent, child, grandparent, or 18 sibling of the designee or of the designee's spouse. The 19 designee shall provide to the supervisor the written 20 authorization by the elector and a picture identification of 21 the designee and must complete an affidavit. The designee 22 shall state in the affidavit that the designee is authorized 23 by the elector to pick up that ballot and shall indicate if 24 the elector is a member of the designee's immediate family 25 and, if so, the relationship. The department shall prescribe 26 the form of the affidavit. If the supervisor is satisfied that 27 the designee is authorized to pick up the ballot and that the 28 signature of the elector on the written authorization matches 29 the signature of the elector on file, the supervisor shall 30 give the ballot to that designee for delivery to the elector. 31 (5) In the event that the Elections Canvassing 8 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 Commission is unable to certify the results of an election for 2 a state office in time to comply with subsection (4), the 3 Department of State is authorized to prescribe rules for a 4 ballot to be sent to absent electors overseas. 5 (5)(6) Nothing other than the materials necessary to 6 vote absentee shall be mailed or delivered with any absentee 7 ballot. 8 (7)(a) For the purposes of this section, "absent 9 qualified elector overseas" means: 10 1. Members of the Armed Forces while in the active 11 service who are permanent residents of the state and are 12 temporarily residing outside the territorial limits of the 13 United States and the District of Columbia; 14 2. Members of the Merchant Marine of the United States 15 who are permanent residents of the state and are temporarily 16 residing outside the territorial limits of the United States 17 and the District of Columbia; and 18 3. Other citizens of the United States who are 19 permanent residents of the state and are temporarily residing 20 outside the territorial limits of the United States and the 21 District of Columbia, 22 23 who are qualified and registered as provided by law. 24 (b) Notwithstanding any other provision of law to the 25 contrary, there shall appear on the ballots sent to absent 26 qualified electors overseas, in addition to the names of the 27 candidates for each office, the political party affiliation of 28 each candidate for each office, other than a nonpartisan 29 office. 30 (c) With respect to marked ballots mailed by absent 31 qualified electors overseas, only those ballots mailed with an 9 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 APO, FPO, or foreign postmark shall be considered valid. 2 Section 10. Subsection (1) of section 101.64, Florida 3 Statutes, is amended to read: 4 101.64 Delivery of absentee ballots; envelopes; 5 form.-- 6 (1) The supervisor shall enclose with each absentee 7 ballot two envelopes: a secrecy envelope, into which the 8 absent elector shall enclose his or her marked ballot; and a 9 mailing envelope, into which the absent elector shall then 10 place the secrecy envelope, which shall be addressed to the 11 supervisor and also bear on the back side a certificate in 12 substantially the following form: 13 14 Note: Please Read Instructions Carefully Before 15 Marking Ballot and Completing Voter's Certificate. 16 VOTER'S CERTIFICATE 17 I, ...., am a qualified and registered voter of .... 18 County, Florida. I understand that if I commit or attempt to 19 commit any fraud in connection with voting, vote a fraudulent 20 ballot, or vote more than once in an election, I can be 21 convicted of a felony of the third degree and fined up to 22 $5,000 and/or imprisoned for up to 5 years. I also understand 23 that failure to sign this certificate and have my signature 24 witnessed will invalidate my ballot. I am entitled to vote an 25 absentee ballot for one of the following reasons: 26 27 1. I am unable without another's assistance to attend 28 the polls. 29 2. I may not be in the precinct of my residence during 30 the hours the polls are open for voting on election day. 31 3. I am an inspector, a poll worker, a deputy voting 10 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 machine custodian, a deputy sheriff, a supervisor of 2 elections, or a deputy supervisor who is assigned to a 3 different precinct than that in which I am registered. 4 4. On account of the tenets of my religion, I cannot 5 attend the polls on the day of the general, special, or 6 primary election. 7 5. I have changed my permanent residency to another 8 county in Florida within the time period during which the 9 registration books are closed for the election. I understand 10 that I am allowed to vote only for national and statewide 11 offices and on statewide issues. 12 6. I have changed my permanent residency to another 13 state and am unable under the laws of such state to vote in 14 the general election. I understand that I am allowed to vote 15 only for President and Vice President. 16 7. I am unable to attend the polls on election day and 17 am voting this ballot in person at the office of, and under 18 the supervision of, the county supervisor of elections. 19 20 21 ...(Date)... ...(Voter's Signature)... 22 23 ...(Last four digits of voter's social security number)... 24 Note: Your Signature Must Be Witnessed By Either: 25 a. A Notary or Officer Defined in Item 6.b. of the 26 Instruction Sheet. 27 28 Sworn to (or affirmed) and subscribed before me this 29 .... day of ........, ...(year)..., by ...(name of person 30 making statement).... My commission expires this .... day of 31 ........, ...(year).... 11 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 ...(Signature of Official)... 2 ...(Print, Type, or Stamp Name)... 3 ...(State or Country of Commission)... 4 Personally Known ........ OR Produced Identification 5 ........ 6 Type of Identification Produced........................ 7 8 OR 9 10 b. One Witness, 18 years of age or older who is a 11 registered voter in the State. 12 13 I swear or affirm that the voter signed this Voter's 14 Certificate in my presence and that, unless certified as an 15 absentee ballot coordinator, I have not witnessed more than 5 16 ballots for this election. 17 18 WITNESS: 19 20 ...(Signature of Witness)... 21 ...(Printed Name of Witness)... 22 23 ...(Voter I.D. Number of Witness and County of 24 Registration)... 25 26 ...(Address)... 27 ...(City/State)... 28 29 Section 11. Section 101.65, Florida Statutes, is 30 amended to read: 31 101.65 Instructions to absent electors.--The 12 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 supervisor shall enclose with each absentee ballot separate 2 printed instructions in substantially the following form: 3 4 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT. 5 1. VERY IMPORTANT. In order to ensure that your 6 absentee ballot will be counted, it should be completed and 7 returned as soon as possible so that it can reach the 8 supervisor of elections of the county in which your precinct 9 is located no later than 7 p.m. on the day of the election. 10 2. Mark your ballot in secret as instructed on the 11 ballot. You must mark your own ballot unless you are unable to 12 do so because of blindness, disability, or inability to read 13 or write. 14 3. Place your marked ballot in the enclosed secrecy 15 envelope. 16 4. Insert the secrecy envelope into the enclosed 17 mailing envelope which is addressed to the supervisor. 18 5. Seal the mailing envelope and completely fill out 19 the Voter's Certificate on the back of the mailing envelope. 20 6. VERY IMPORTANT. In order for your absentee ballot 21 to be counted, you must sign your name on the line above 22 (Voter's Signature)., place the last four digits of your 23 Social Security number in the space provided, and your ballot 24 must be witnessed in either of the following manners: 25 a. One witness, who is a registered voter in the 26 state, must affix his or her signature, printed name, address, 27 voter identification number, and county of registration on the 28 voter's certificate. Each witness is limited to witnessing 29 five ballots per election unless certified as an absentee 30 ballot coordinator. A candidate may not serve as an attesting 31 witness. 13 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 b. Any notary or other officer entitled to administer 2 oaths or any Florida supervisor of elections or deputy 3 supervisor of elections, other than a candidate, may serve as 4 an attesting witness. 5 7. VERY IMPORTANT. If you are an overseas voter, you 6 must include the date you signed the Voter's Certificate on 7 the line above (Date) or your ballot may not be counted. 8 8. VERY IMPORTANT. In order for your absentee ballot 9 to be counted, it must include the signature and address of a 10 witness 18 years of age or older affixed to the voter's 11 certificate. No candidate may serve as an attesting witness. 12 9.7. Mail, deliver, or have delivered the completed 13 mailing envelope. Be sure there is sufficient postage if 14 mailed. 15 10.8. FELONY NOTICE. It is a felony under Florida law 16 to accept any gift, payment, or gratuity in exchange for your 17 vote for a candidate. It is also a felony under Florida law to 18 vote in an election using a false identity or false address, 19 or under any other circumstances making your ballot false or 20 fraudulent. 21 Section 12. Subsection (1) of section 102.111, Florida 22 Statutes, is amended to read: 23 102.111 Elections Canvassing Commission.-- 24 (1) Immediately after certification of any election by 25 the county canvassing board, the results shall be forwarded to 26 the Department of State concerning the election of any federal 27 or state officer. The Governor, the Secretary of State, and 28 the Director of the Division of Elections shall be the 29 Elections Canvassing Commission. The Elections Canvassing 30 Commission shall, as soon as the official results are compiled 31 from all counties, certify the returns of the election and 14 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 determine and declare who has been elected for each office. In 2 the event that any member of the Elections Canvassing 3 Commission is unavailable to certify the returns of any 4 election, such member shall be replaced by a substitute member 5 of the Cabinet as determined by the Director of the Division 6 of Elections. If the county returns are not received by the 7 Department of State by 5 p.m. of the seventh day following an 8 election, all missing counties shall be ignored, and the 9 results shown by the returns on file shall be certified. 10 Section 13. Subsection (1) of section 102.112, Florida 11 Statutes, is amended to read: 12 102.112 Deadline for submission of county returns to 13 the Department of State; penalties.-- 14 (1) The county canvassing board or a majority thereof 15 shall file the county returns for the election of a federal or 16 state officer with the Department of State immediately after 17 certification of the election results. Returns must be filed 18 by 5 p.m. on the 7th day following the first primary, and by 5 19 p.m. on the 11th day following the general election, and by 3 20 p.m. on the 3rd day following the second primary. If the 21 returns are not received by the department by the time 22 specified, such returns may be ignored and the results on file 23 at that time may be certified by the department. 24 Section 14. This act shall take effect January 1, 25 2002. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 15 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 and insert in lieu thereof: 2 A bill to be entitled 3 An act relating to elections; creating the 4 "Military and Overseas Voter Protection Act;" 5 providing definitions; stating legislative 6 intent; providing for registration of certain 7 recently discharged or separated military 8 personnel and family members; requiring the 9 Department of State to adopt rules specifying 10 eligibility; providing a state write-in 11 absentee ballot for overseas voters; providing 12 for absentee ballots for overseas voters; 13 providing for advance ballots; providing for 14 absentee ballot requests and voting via 15 electronic transmission by overseas voters 16 under certain circumstances; directing the 17 promulgation of emergency rules to facilitate 18 voting by overseas voters; providing a 19 presumption that absentee ballots were mailed 20 on the date stated on the outside of the 21 absentee return envelopes of absentee voters; 22 authorizing the Elections Canvassing Commission 23 to adopt emergency rules during crises to 24 facilitate absentee voting; amending s. 101.62, 25 F.S., to conform, amending s. 101.64, F.S.; 26 modifying absentee ballot certificates; 27 amending s. 101.65, F.S.; modifying 28 instructions to absentee voters; amending s. 29 102.112, F.S.; extending the deadline for 30 submission of county returns to the Department 31 of State; amending s. 102.111, F.S.; providing 16 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339
HOUSE AMENDMENT Bill No. HB 189 Barcode 224339 Amendment No. 1 (for drafter's use only) 1 an effective date. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17 File original & 9 copies 03/28/01 hrc0001 12:12 pm 00189-ree -224339