Chapter 785 Oregon Laws 2001

AN ACT

SB 383

Relating to alcoholic beverages; creating new provisions; amending ORS 471.040, 471.130, 471.311, 471.313, 471.329, 471.341, 471.375, 471.380, 471.542, 471.547, 471.549, 471.750 and 471.757; repealing ORS 471.780; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

NUMBER OF LICENSES IN LOCALITY

SECTION 1. ORS 471.313, as amended by section 46, chapter 351, Oregon Laws 1999, is amended to read:

471.313. The Oregon Liquor Control Commission may refuse to license any applicant under the provisions of this chapter if the commission has reasonable ground to believe any of the following to be true:

(1) That there are sufficient licensed premises in the locality set out in the application, or that the granting of a license in the locality set out in the application is not demanded by public interest or convenience. In determining whether there are sufficient licensed premises in the locality, the commission shall consider seasonal fluctuations in the population of the locality and shall ensure that there are adequate licensed premises to serve the needs of the locality during the peak seasons.

(2) That the applicant has not furnished an acceptable bond as required by ORS 471.311 or is not maintaining the insurance or bond required by ORS 417.218.

(3) That, except as allowed by ORS 471.392 to 471.400, any applicant to sell at retail for consumption on the premises has been financed or furnished with money or property by, or has any connection with, or is a manufacturer of, or wholesale dealer in, alcoholic liquor.

(4) That the applicant:

(a) Is in the habit of using alcoholic beverages, habit-forming drugs or controlled substances to excess.

(b) Has made false statements to the commission.

(d) Has been convicted of violating any of the alcoholic liquor laws of this state, general or local, or has been convicted at any time of a felony.

(e) Has maintained an insanitary establishment.

(f) Is not of good repute and moral character.

(g) Did not have a good record of compliance with the alcoholic liquor laws of this state and the rules of the commission when previously licensed.

(h) Is not the legitimate owner of the business proposed to be licensed, or other persons have ownership interests in the business which have not been disclosed.

(i) Is not possessed of or has not demonstrated financial responsibility sufficient to adequately meet the requirements of the business proposed to be licensed.

(j) Is unable to read or write the English language or to understand the laws of Oregon relating to alcoholic liquor or the rules of the commission.

(5) That there is a history of serious and persistent problems involving disturbances, lewd or unlawful activities or noise either in the premises proposed to be licensed or involving patrons of the establishment in the immediate vicinity of the premises if the activities in the immediate vicinity of the premises are related to the sale or service of alcohol under the exercise of the license privilege. Behavior which is grounds for refusal of a license under this section, where so related to the sale or service of alcohol, includes, but is not limited to obtrusive or excessive noise, music or sound vibrations; public drunkenness; fights; altercations; harassment; unlawful drug sales; alcohol or related litter; trespassing on private property; and public urination. Histories from premises currently or previously operated by the applicant may be considered when reasonable inference may be made that similar activities will occur as to the premises proposed to be licensed. The applicant may overcome the history by showing that the problems are not serious or persistent or that the applicant demonstrates a willingness and ability to control adequately the premises proposed to be licensed and patrons’ behavior in the immediate vicinity of the premises which is related to the licensee’s sale or service of alcohol under the licensee’s exercise of the license privilege.

FEES AND BONDS FOR CERTAIN LICENSES

SECTION 2. ORS 471.311, as amended by section 18, chapter 351, Oregon Laws 1999, is amended to read:

471.311. (1) Any person desiring a license or renewal of a license under this chapter shall make application to the Oregon Liquor Control Commission upon forms to be furnished by the commission showing the name and address of the applicant, location of the place of business which is to be operated under the license, and such other pertinent information as the commission may require. No license shall be granted or renewed until the applicant has complied with the provisions of the Liquor Control Act, the provisions of the Oregon Distilled Liquor Control Act and the rules of the commission.

(2) The commission may reject any application that is not submitted in the form required by rule. The commission shall give applicants an opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS 183.310 to 183.550.

(3) Subject to subsection (4) of this section, the commission shall assess a nonrefundable fee for processing a renewal application for any license authorized by this chapter only if the renewal application is received by the commission less than 20 days before expiration of the license. If the renewal application is received prior to expiration of the license but less than 20 days prior to expiration, this fee shall be 25 percent of the annual license fee. If a renewal application is received by the commission after expiration of the license but no more than 30 days after expiration, this fee shall be 40 percent of the annual license fee. This subsection shall not apply to a certificate of approval, a brewery-public house license or to any license which is issued for a period of less than 30 days.

(4) The commission may waive the fee imposed under subsection (3) of this section if it finds that failure to submit a timely application was due to unforeseen circumstances or to a delay in processing the application by the local governing authority that is no fault of the licensee.

(5) The annual license fee is nonrefundable and shall be paid by each applicant upon the granting or committing of a license. The annual license fee and the minimum bond required of each class of license under this chapter are as follows:

______________________________________________________________________________

Minimum

License Fee Bond

Brewery, including

Certificate of Approval $ 500 $ 1,000

Winery 250 1,000

Distillery 100 None

Wholesale Malt

Beverage and Wine 275 1,000

Warehouse 100 1,000

Special events winery

license may be

issued to a

winery licensee at $ 10 per day

Brewery-Public House,

including Certificate

of Approval $250 $ 1,000

[Full On-Premises Sales $400 $__]

Limited On-Premises Sales $200 [$__] None

Off-Premises Sales $100 [$__] None

Temporary Sales $ 25 for events

lasting [less than]

five hours or less

[$ 100 for events]

[lasting 5 hours]

[or longer] and

$25 for each

additional period of

five hours or less

Grower sales privilege

license $250 $ 1,000

Special events grower

sales privilege

license $ 10 per day

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(6) The fee for a certificate of approval or special certificate of approval granted under ORS 471.289 is nonrefundable and must be paid by each applicant upon the granting or committing of a certificate of approval or special certificate of approval. No bond is required for the granting of a certificate of approval or special certificate of approval. Certificates of approval are valid for a period commencing on the date of issuance and ending on December 31 of the fifth calendar year following the calendar year of issuance. The fee for a certificate of approval is $175. Special certificates of approval are valid for a period of 30 days. The fee for a special certificate of approval is $10.

(7) Except as provided in subsection (8) of this section, the annual license fee for a full on-premises sales license is $400. No bond is required for any full on-premises sales license.

(8) The annual license fee for a full on-premises sales license held by a private club as described in ORS 471.175 (7), or held by a nonprofit or charitable organization that is registered with the state, is $200.

SECTION 3. The amendments to ORS 471.311 by section 2 of this 2001 Act relating to fees for full on-premises sales licenses apply only to licenses issued or renewed by the Oregon Liquor Control Commission on or after the effective date of this 2001 Act.

NOISE ON AND AROUND

LICENSED PREMISES

SECTION 4. ORS 471.329 is amended to read:

471.329. (1) For the purpose of determining whether there is a history of serious and persistent problems involving noise under the provisions of ORS 471.313 (5) and 471.315 (1)(c), or whether the licensee maintains a noisy establishment in violation of the provisions of ORS 471.425:

(a) Noise from the inside of a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise violates the ordinance; [and]

(b) Noise caused by patrons outside [of] a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise violates the ordinance or if the noise is of a type that a reasonable person would not expect to hear outside a premises licensed for the sale of alcoholic beverages; and

(c) Noise caused by patrons inside or outside a licensed premises located within the boundaries of a city or county that does not have an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise is of the type that a reasonable person would not expect to hear inside or outside a premises licensed for the sale of alcoholic beverages.

(2) For the purpose of determining whether noise is obtrusive under the provisions of ORS 471.313 (5) and 471.315 (1)(c), or whether the licensee maintains a noisy establishment in violation of the provisions of ORS 471.425, the Oregon Liquor Control Commission shall consider whether persons complaining about the noise have taken any action to mitigate the disturbance alleged to have been caused by the noise.

SECTION 5. The amendments to ORS 471.329 by section 4 of this 2001 Act apply to all licenses issued under ORS chapter 471, whether issued before, on or after the effective date of this 2001 Act.

IDENTIFICATION FOR PURCHASE

OF ALCOHOL

SECTION 6. ORS 471.130 is amended to read:

471.130. (1) All licensees and permittees of the Oregon Liquor Control Commission, before selling or serving alcoholic liquor to any person about whom there is any reasonable doubt of the person’s having reached 21 years of age, shall require such person to produce one of the following pieces of identification:

(a) The person’s passport.

(b) The person’s motor vehicle operator’s license, whether issued in this state or by any other state, so long as the license has a picture of the person.

(d) Any other identification card issued by a state, or any United States military identification card, that bears a picture of the person, the name of the person, [the person’s address,] the person’s date of birth[,] and a physical description of the person [and the signature of the person].

(2) If a person does not have identification as described in subsection (1) of this section, the permittee or licensee shall require such person to make a written statement of age and furnish evidence of the person’s true age and identity. The written statement of age shall be on a form furnished or approved by the commission, including but not limited to the following information:

______________________________________________________________________________

Date _________

I am 21 years of age or over. _________

Signature

Description of evidence in support of age and identity:

____ Identification No. (if any) ____

Fill in information pertaining to any two or more pieces of evidence submitted by the person.)

I hereby certify that I have accurately recorded identification of the evidence submitted to complete this form.

___________

Signature of

permittee or licensee

ORS 165.805 provides as follows:

165.805. (1) A person commits the crime of misrepresentation of age by a minor if:

(a) Being less than a certain, specified age, the person knowingly purports to be of any age other than the person’s true age with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age; or

(b) (Not applicable.)

(2) Misrepresentation of age by a minor is a Class C misdemeanor.

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SERVICE PERMITS

SECTION 7. ORS 471.375 is amended to read:

471.375. (1) Any person who has not had a permit refused or revoked or whose permit is not under suspension may mix, sell or serve alcoholic [liquor] beverages for consumption on [the] licensed premises if the person prepares in duplicate an application for a service permit prior to mixing, selling or serving any alcoholic [liquor] beverage for consumption on [the] licensed premises and the application is indorsed as required under subsection (2) of this section. [The licensee shall indorse and immediately transmit the application to the Oregon Liquor Control Commission with the fee required by subsection (2) of this section.] A copy of the indorsed application [shall] must be kept on the licensed premises by any licensee for whom the person mixes, sells or serves alcoholic beverages and [shall] must be made available for immediate inspection by any inspector or investigator employed by the Oregon Liquor Control Commission or by any other peace officer until the applicant receives the service permit.

(2) An application for a service permit under subsection (1) of this section must be indorsed by one of the following persons:

(a) The licensee under whose license the applicant will mix, sell or serve alcoholic beverages. If a licensee indorses an application, the licensee must immediately transmit the application to the commission with the fee required by subsection (4) of this section.

(b) An officer or employee of a company that provides servers to licensees on a temporary basis. The commission must give a company written approval to indorse service permit applications before an application may be indorsed under this paragraph.

(c) An employee of the commission designated by the commission to accept and indorse applications under this section.

(d) An employee of an alcohol server education course provider that has been certified by the commission under ORS 471.542 (8). The employee must be specifically designated by the provider to indorse applications under this section.

(3) An application for a service permit may be indorsed by an employee of the commission under subsection (2)(c) of this section only if:

(a) The applicant is not employed by a licensee of the commission;

(b) The applicant completes the alcohol server education course required by ORS 471.542 before making the application; and

(c) The applicant personally appears before the employee of the commission and provides such identification as may be required by commission rule.

[(2)] (4) An applicant for a service permit must be 18 years of age or over. Application for a service permit shall be made on a form supplied by the commission. The applicant shall truly answer all questions, provide any further information required, and pay a fee not to exceed $10. The commission shall either set the fee to cover only the administrative costs of the service permit program, or apply any excess to the Alcohol [server] Education Program established under section 14 of this 2001 Act.

SECTION 8. ORS 471.380 is amended to read:

471.380. (1) The Oregon Liquor Control Commission may refuse to grant a service permit if it has reasonable grounds to believe any of the following to be true:

(a) That the applicant is in the habit of using alcoholic beverages or controlled substances to excess.

(b) That the applicant has made false statements to the commission in the permit application.

(d) That the applicant has been convicted of violating any of the alcoholic liquor laws of this state, general or local, or has been convicted at any time of a felony.

(e) That the application has not been indorsed [by the employing licensee] as required by ORS 471.375.

(f) That the applicant has not completed the alcohol server education [program] course and examination required by ORS 471.542.

(2) Notwithstanding ORS 183.435, if the commission refuses to grant a service permit, an applicant who seeks review of the refusal must request a hearing within 15 days after notification of the refusal.

PROHIBITED FINANCIAL INTERESTS

OF LICENSE APPLICANTS

SECTION 9. ORS 471.757, as amended by section 63, chapter 351, Oregon Laws 1999, is amended to read:

471.757. (1) At such times as the Oregon Liquor Control Commission may prescribe and upon forms furnished by the commission, any license applicant or licensee of the commission [under this chapter] may be required to submit a sworn statement to the commission showing the name, address and the nature and extent of the financial interest of each person, individual and corporate, having a financial interest in the business operated under the license.

(2) The commission shall review the statement and may refuse to issue a license to any license applicant, or may suspend, cancel or refuse to renew the license of any licensee, when conditions exist in relation to any person having a financial interest in the business or in the place of business which would constitute grounds for refusing to issue a license or for cancellation or suspension of a license if such person were the license applicant or licensee. However, in cases where the financial interest is held by a corporation, only the officers and directors of the corporation, any individual or combination of individuals who own a controlling financial interest in the business and any manager of the business shall be considered persons having a financial interest within the meaning of this subsection.

DELEGATION TO ADMINISTRATOR

SECTION 10. ORS 471.040 is amended to read:

471.040. (1) The Oregon Liquor Control Commission has the powers and duties specified in this chapter and ORS 474.105 and 474.115, and also the powers necessary or proper to enable it to carry out fully and effectually all the purposes of this chapter and ORS 474.105 and 474.115. It shall make such rules and regulations pertaining to natural and fortified wines as will prevent the importation and sale in Oregon of blended, rectified, adulterated or low-quality wines. The jurisdiction, supervision, powers and duties of the commission extend to any person who buys, sells, manufactures, imports or transports any alcoholic liquor within this state. The commission may sue and be sued.

(2) Except for the power to adopt rules, the commission may delegate any of the commission’s powers or duties to the administrator appointed under ORS 471.720.

OPERATION OF OLCC STORES

SECTION 11. ORS 471.750 is amended to read:

471.750. (1) The Oregon Liquor Control Commission shall establish such stores and warehouses in such places in the state as in its judgment are required by public convenience or necessity, for the sale of spirituous liquors, wines and other alcoholic liquors containing over five percent alcohol by volume, in sealed containers for consumption off the premises. It shall keep on hand in such stores or warehouses such quantities and kinds of alcoholic liquors as are reasonably required to supply the public demand. Any person qualified to purchase such liquors from the commission has the right to present to the commission, or at any of its stores, an application for any kind or brand of alcoholic liquor which the person may desire and which may be manufactured or obtainable in any place in the United States, and the commission shall obtain such liquor and sell it to the applicant. No such store shall be established in any county or incorporated city of this state where a local prohibitory law is in effect. The stores shall be closed on Sundays and any [legal holidays or any state or national election days] other day designated by the commission. [The advertising of the sale of liquors by the commission or window display in its stores are prohibited, except that the commission may provide for appropriate signs on windows or front denoting the fact that it is a store of the commission, and may post within the store appropriate price lists.] The commission shall adopt rules governing advertising by stores operated by the commission. The commission may appoint agents in the sale of said liquor under such agreement as the commission may negotiate with said agents or their representative.

(2) [Notwithstanding subsection (1) of this section,] Rules relating to advertising adopted by the commission under subsection (1) of this section shall allow signs and displays within its stores for the purpose of supplying consumer information to customers, including but not limited to discounts, sales and other specials. Commission discretion with respect to those signs and displays shall be limited to regulation of the content, size, number per brand, type and duration of the sign or display. Signs and displays may be supplied by manufacturers, wholesalers or distributors, and may bear the name of a particular distillery, supplier or brand of liquor. The use of signs and displays shall be optional with the agent appointed by the commission. In no event shall signs or displays authorized [under this subsection] by the commission be placed in positions within the store where the sign or display would be readily visible from outside of the store.

ORDERING OF ALCOHOLIC BEVERAGES

BY OLCC

SECTION 12. ORS 471.780 is repealed.

ALCOHOL EDUCATION PROGRAM

SECTION 13. Section 14 of this 2001 Act is added to and made a part of ORS chapter 471.

SECTION 14. The Oregon Liquor Control Commission shall establish an Alcohol Education Program. The Alcohol Education Program shall consist of all the duties of the commission in administering clerk training courses under ORS 471.341 and alcohol server education courses under ORS 471.542.

SECTION 15. ORS 471.341, as amended by section 9, chapter 1062, Oregon Laws 1999, is amended to read:

471.341. (1) An employee of an off-premises sales licensee who has been found by the Oregon Liquor Control Commission to have sold alcoholic beverages to a minor, or to have failed to properly verify identification of a person who purchased alcoholic beverages, must attend a clerk training [program] course approved by the commission as a condition of making sales of alcoholic beverages to members of the public under an off-premises sales license.

(2) The commission shall by rule establish times for employees to complete a required clerk training [program] course under this section. An employee required to complete a clerk training [program] course under this section may continue to make sales of alcoholic beverages to members of the public until taking such training, but may not make any sales of alcoholic beverages after the expiration of the time allowed by commission rule if the employee has not completed the training before the expiration of that time.

(3) Except as provided in subsection (2) of this section, the holder of an off-premises sales license may not allow an employee who has been found by the Oregon Liquor Control Commission to have sold alcoholic beverages to a minor, or to have failed to properly verify identification of a person who purchased alcoholic beverages, to sell alcoholic beverages under the license unless the employee completes a clerk training [program] course as required by this section.

(4) The Oregon Liquor Control Commission [must], as part of the Alcohol Education Program established under section 14 of this 2001 Act, shall approve all clerk training [programs] courses offered for the purpose of this section. The holder of an off-premises sales license may establish a clerk training [program] course for employees of the licensee, but the [program] course must be approved by the commission to meet the requirements of this section. Clerk training [programs] courses approved under this section must address at least the following topics:

(a) The importance of not selling alcoholic beverages to minors and visibly intoxicated persons.

(b) Guidelines for recognizing minors and visibly intoxicated persons.

(d) Recommended approaches for refusing sales of alcoholic beverages to minors and visibly intoxicated persons.

(5) If an employee of an off-premises sales licensee is found to have sold alcoholic beverages to a minor, or to have failed to properly verify identification of a person who purchased alcoholic beverages, the commission shall notify the licensee that the employee must complete a clerk training [program] course approved under this section and may not sell alcoholic beverages to members of the public after the time established by the commission unless the employee completes the training within the time allowed. If the off-premises sales licensee offers a clerk training [program] course to new employees, and the employee has previously completed that [program] course, the requirements of this section may be met by retaking the clerk training [program] course if the [program] course has been approved by the commission for the purposes of this section.

(6) Upon completion of a clerk training [program] course by an employee of an off-premises sales licensee pursuant to the requirements of this section, the off-premises sales licensee that employs the person must notify the commission in writing that the employee has successfully completed the training. The notification must include the name and address of the employee, the name of the clerk training [program] course attended by the employee, and the date or dates on which the [program] course was attended. The notification shall be kept by the commission in the licensee’s file.

(7) The commission [may] shall assess and collect a fee not to exceed $13 from each person required to attend a clerk training course under this section. Amounts collected under this section shall be used for the administrative expenses incurred by the commission [under this section] in the performance of the commission’s duties under the Alcohol Education Program.

(8) In addition to any other penalty provided for by law, the commission may impose a civil penalty against any employee of an off-premises sales licensee who sells alcoholic beverages to members of the public and who is prohibited from making those sales under this section. A civil penalty under this subsection may not exceed $500. Civil penalties under this subsection shall be imposed by the commission in the manner provided by ORS 183.090.

SECTION 16. ORS 471.542, as amended by section 36, chapter 351, Oregon Laws 1999, is amended to read:

471.542. (1) Except as provided in subsection (2) of this section, the Oregon Liquor Control Commission shall require a person applying for issuance or renewal of a server permit or any license that authorizes the sale or service of alcoholic beverages for consumption on the premises to complete an approved alcohol server education [program] course and examination as a condition of the issuance or renewal of the permit or license.

(2) A person applying for issuance or renewal of a license that authorizes the sale or service of alcoholic beverages for consumption on the premises need not complete an approved alcohol server education [program] course and examination as a condition of the issuance or renewal of the license if:

(a) The license has been restricted by the commission to prohibit sale or service of alcoholic beverages for consumption on the premises; or

(b) The person applying for issuance or renewal of the license submits a sworn statement to the commission stating that the person will not engage in sale or service of alcoholic beverages for consumption on the premises, will not directly supervise or manage persons who sell or serve alcoholic beverages on the premises, and will not participate in establishing policies governing the sale or service of alcoholic beverages on the premises.

(3) The commission by rule shall establish requirements that licensees and permittees must comply with as a condition of requalifying for a license or permit. The licensee or permittee must comply with those requirements once every five years after completing the initial alcohol server education [program] course and examination. The requirements established by the commission may include retaking the alcohol server education [program] course and examination.

(4) The commission may extend the time periods established by this section upon a showing of hardship. The commission by rule may exempt a licensee from the requirements of this section if the licensee does not participate in the management of the business.

(5) The standards and curriculum of alcohol server education [programs] courses shall include but not be limited to the following:

(a) Alcohol as a drug and its effects on the body and behavior, especially driving ability.

(b) Effects of alcohol in combination with commonly used legal, prescription or nonprescription, drugs and illegal drugs.

(d) State alcohol beverage laws such as prohibition of sale to minors and sale to intoxicated persons, sale for on-premises or off-premises consumption, hours of operation and penalties for violation of the laws.

(e) Drunk driving laws and liquor liability statutes.

(f) Intervention with the problem customer including ways to cut off service, ways to deal with the belligerent customer and alternative means of transportation to get the customer safely home.

(g) Advertising and marketing for safe and responsible drinking patterns and standard operating procedures for dealing with customers.

(6) The commission shall impose a fee not to exceed $2.60 a year for each license subject to the alcohol server education requirement, and a fee not to exceed $13 for each service permit application. These fees shall be used for administrative costs of the Alcohol Education Program established under section 14 of this 2001 Act and shall be in addition to any other license or permit fees required by law or rule.

(7) The commission shall adopt rules to impose reasonable fees for administrative costs [of the program] on alcohol server education course instructors and providers.

(8) The commission shall provide [the program] alcohol server education courses and examinations through independent contractors, private persons or private or public schools certified by the commission. The commission shall adopt rules governing the manner in which [the program is] alcohol server education courses and examinations are made available to persons required to take the [program] course. In adopting rules under this subsection, the commission shall consider alternative means of providing [the program] courses, including but not limited to providing [the program] courses through audiotapes, videotapes, the Internet and other electronic media.

SECTION 17. ORS 471.547 is amended to read:

471.547. The Oregon Liquor Control Commission shall establish an Alcohol Server Education Advisory Committee consisting of persons representing the commission, the Oregon State Police, the Oregon District Attorneys’ Association, the office of Alcohol and Drug Abuse Programs, the Department of Transportation, at least one person who is a service permittee under ORS 471.360, a nonprofit organization the purpose of which is to reduce the incidence of drunk driving, and not more than three associations representing retail licensees and two associations representing insurance companies to assist in:

(1) The development of the standards, curriculum and materials for the alcohol server education [program] courses required under ORS 471.542;

(2) The examination required by ORS 471.542, and [examination] procedures for administering that examination;

(3) The certification procedures, enforcement policies and penalties for alcohol server education [program] course instructors and providers; and

(4) The development of time requirements for completion of an [approved] alcohol server education [program] course and examination and conditions for probationary extension.

SECTION 18. ORS 471.549 is amended to read:

471.549. In addition to such other sanctions as may be authorized by law, the Oregon Liquor Control Commission may impose a civil penalty not to exceed $1,000 against any alcohol server education [program] course instructor or provider who violates a rule promulgated by the commission pursuant to ORS 471.542. The civil penalty may be in addition to or in lieu of any suspension, revocation or cancellation of the certification of an alcohol server education [program] course instructor or provider.

MISCELLANEOUS

SECTION 19. The unit captions used in this 2001 Act are provided only for the convenience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 2001 Act.

SECTION 20. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor July 18, 2001

Filed in the office of Secretary of State July 18, 2001

Effective date July 18, 2001

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