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S.B. 249
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ROADS ON PUBLIC LANDS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Leonard M. Blackham
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AN ACT RELATING TO TRANSPORTATION; PROVIDING FOR JOINT TITLE TO
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CERTAIN HIGHWAY RIGHTS-OF-WAY BY THE STATE AND LOCAL GOVERNMENTS;
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PROVIDING FOR CERTAIN RIGHT-OF-WAY WIDTHS; AND PROVIDING AN EFFECTIVE
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DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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72-3-102, as renumbered and amended by Chapter 270, Laws of Utah 1998
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72-3-103, as renumbered and amended by Chapter 270, Laws of Utah 1998
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72-3-104, as renumbered and amended by Chapter 270, Laws of Utah 1998
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72-3-105, as renumbered and amended by Chapter 270, Laws of Utah 1998
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72-5-103, as renumbered and amended by Chapter 270, Laws of Utah 1998
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72-5-104, as renumbered and amended by Chapter 270, Laws of Utah 1998
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72-5-302, as renumbered and amended by Chapter 270, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
72-3-102
is amended to read:
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72-3-102. State highways -- Class A state roads.
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(1) State highways comprise highways, roads, and streets designated under Chapter 4,
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Designation of State Highways.
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(2) State highways are class A state roads.
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(3) The state has title to all rights-of-way for all state highways.
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[(3)] (4) The department has jurisdiction and control over all state highways.
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[(4)] (5) The department shall construct and maintain each state highway using funds made
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available for that purpose.
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Section 2.
Section
72-3-103
is amended to read:
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72-3-103. County roads -- Class B roads -- Construction and maintenance by
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counties.
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(1) County roads comprise all public highways, roads, and streets within the state that:
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(a) are situated outside of incorporated municipalities and not designated as state highways;
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(b) have been designated as county roads; or
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(c) are located on property under the control of a federal agency and constructed or
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maintained by the county under agreement with the appropriate federal agency.
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(2) County roads are class B roads.
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(3) The state and county have joint undivided interest in the title to all rights-of-way for
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all county roads.
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[(3)] (4) The county governing body has jurisdiction and control of county roads within the
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county.
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[(4)] (5) The county shall construct and maintain each county road using funds made
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available for that purpose.
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[(5)] (6) The county legislative body may expend funds allocated to each county from the
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Transportation Fund under rules made by the department.
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[(6)] (7) A county legislative body may use any portion of the class B road funds provided
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by this chapter for the construction and maintenance of class A state roads by cooperative
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agreement with the department.
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[(7)] (8) A county may enter into agreements with the appropriate federal agency for the
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use of federal funds, county road funds, and donations to county road funds to construct, improve,
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or maintain county roads within or partly within national forests.
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Section 3.
Section
72-3-104
is amended to read:
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72-3-104. City streets -- Class C roads -- Construction and maintenance.
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(1) City streets comprise:
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(a) highways, roads, and streets within the corporate limits of the municipalities that are
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not designated as class A state roads or as class B roads; and
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(b) those highways, roads, and streets located within a national forest and constructed or
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maintained by the municipality under agreement with the appropriate federal agency.
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(2) City streets are class C roads.
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(3) Except for city streets within counties of the first and second class as defined in Section
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17-16-13
, the state and city have joint undivided interest in the title to all rights-of-way for all city
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streets.
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[(3)] (4) The municipal governing body has jurisdiction and control of the city streets
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within the municipality.
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[(4)] (5) The department shall cooperate with the municipal legislative body in the
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construction and maintenance of the class C roads within each municipality.
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[(5)] (6) The municipal legislative body shall expend or cause to be expended upon the
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class C roads the funds allocated to each municipality from the Transportation Fund under rules
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made by the department.
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[(6)] (7) Any town or city in the third class may:
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(a) contract with the county or the department for the construction and maintenance of
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class C roads within its corporate limits; or
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(b) transfer, with the consent of the county, its:
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(i) class C roads to the class B road system; and
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(ii) funds allocated from the Transportation Fund to the municipality to the county
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legislative body for use upon the transferred class C roads.
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[(7)] (8) A municipal legislative body of any municipality of the third class may use any
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portion of the class C road funds allocated to the municipality for the construction of sidewalks,
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curbs, and gutters on class A state roads within the municipal limits by cooperative agreement with
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the department.
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Section 4.
Section
72-3-105
is amended to read:
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72-3-105. Maps to be prepared by county -- Indication of roads.
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(1) As used in this section, "class D road" means any road, way, or other land surface route
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that has been or is established by use or constructed and is maintained to provide reasonably
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passable for usage by the public for vehicles with four or more wheels that is not a class A, class
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B, or class C road under this title.
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(2) Each class D road is part of the highway and road system within the state with the same
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force and effect as if the class D road had been included within this system upon its being first
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established or constructed.
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(3) Each county shall prepare maps showing to the best of its ability the class D roads
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within its boundaries which were in existence as of October 21, 1976. Preparation of these maps
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may be done by the county itself or through any multi-county planning district in which the county
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participates. A county shall be given a minimum of two years to complete mapping of the class D
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roads within its boundaries.
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(4) Any class D road which is established or constructed after October 21, 1976, shall be
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reflected on maps prepared as provided in Subsection (3).
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(5) The county shall provide a copy of any map under Subsection (3) or (4) upon
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completion to the department.
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(6) The department shall scribe each road shown on its own county map series. The
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department is not responsible for the validity of any class D road and is not responsible for its
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being inventoried. The department shall also keep on file an historical map record of the roads as
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provided by the counties.
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(7) The state and county have joint undivided interest in the title to all rights-of-way for
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class D roads.
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Section 5.
Section
72-5-103
is amended to read:
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72-5-103. Acquisition of rights-of-way and other real property -- Title to property
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acquired.
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(1) The department may acquire any real property or interests in real property necessary
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for temporary, present, or reasonable future state highway purposes by gift, agreement, exchange,
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purchase, condemnation, or otherwise.
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(2) (a) Title to real property acquired by the department or the counties, cities, and towns
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by gift, agreement, exchange, purchase, condemnation, or otherwise for highway rights-of-way or
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other highway purposes may be in fee simple or any lesser estate or interest.
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(b) If the highway is a county road, city street, or right-of-way described in Title 72,
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Chapter 5, Part 3, Rights-of-way Across Federal Lands Act, title to all interests in real property less
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than fee simple held under this section is held jointly by the state and the county, city, or town
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holding the interest.
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(3) A transfer of land bounded by a highway on a right-of-way for which the public has
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only an easement passes the title of the person whose estate is transferred to the middle of the
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highway.
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Section 6.
Section
72-5-104
is amended to read:
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72-5-104. Public use constituting dedication -- Scope.
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(1) A highway [shall be deemed to have been] is dedicated and abandoned to the use of
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the public when it has been continuously used as a public thoroughfare for a period of ten years.
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(2) The dedication and abandonment creates a right-of-way held by the state in accordance
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with Sections
72-3-102
,
72-3-103
,
72-3-104
,
72-3-105
, and
72-5-103
.
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(3) The scope of the right-of-way is that which is reasonable and necessary to ensure safe
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travel according to the facts and circumstances at the time of dedication or abandonment.
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Section 7.
Section
72-5-302
is amended to read:
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72-5-302. Rights-of-way across federal lands -- Title -- Presumption -- Scope.
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(1) This part applies to all R.S. 2477 rights-of-way.
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(2) The state and its political subdivisions have title to the R.S. 2477 rights-of-ways in
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accordance with Sections
72-3-102
,
72-3-103
,
72-3-104
,
72-3-105
, and
72-5-103
.
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(3) (a) Acceptance of a right-of-way for the construction of a highway over public lands,
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not reserved for public uses, is presumed if the state or a political subdivision of the state makes
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a finding that the highway was constructed and the right-of-way was accepted prior to October 21,
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1976.
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(b) The existence of a highway establishes a presumption that the highway has continued
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in use in its present location since the land over which it is built was public land not reserved for
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public use.
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(4) (a) [Unless specifically determined by the state or a political subdivision of the state
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with authority over the R.S. 2477 right-of-way, the] The scope of the R.S. 2477 right-of-way is that
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which is reasonable and necessary to ensure safe travel [for all uses that occurred before October
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21, 1976] according to the facts and circumstances at the time of acceptance.
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(b) The scope of the R.S. 2477 right-of-way includes the right to widen the highway as
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necessary to accommodate the increased travel associated with those uses, up to, where applicable,
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improving a highway to two lanes so travelers can safely pass each other.
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[(c) The width of an R.S. 2477 right-of-way used for vehicular travel may not be less than
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the setback standards for wilderness boundaries along existing roads as described in Bureau of
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Land Management Manual H-8560-1, Management of Designated Wilderness Areas, dated July
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27, 1988, as follows:]
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[(i) high standard paved highways shall be 300 feet from the centerline;]
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[(ii) high standard logging roads shall be 100 feet from the centerline; and]
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[(iii) low standard logging, jeep, maintenance, dirt roads used for right-of-way, or similar
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roads shall be 30 feet from the centerline.]
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[(5) The safety standards established by the Department of Transportation in accordance
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with Section
72-6-102
apply to all determinations of safety on R.S. 2477 rights-of-way used for
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vehicular travel.]
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Section 8. Effective date.
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If approved by two-thirds of all the members elected to each house, this act takes effect
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upon approval by the governor, or the day following the constitutional time limit of Utah
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Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
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date of veto override.
Legislative Review Note
as of 2-18-00 10:45 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.