72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 72
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Committee on
Judiciary for Oregon Law Commission)
CHAPTER ................
AN ACT
Relating to juvenile dependency proceedings; amending ORS
109.119, 419B.116 and 419B.875.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419B.875 is amended to read:
419B.875. (1) Parties to proceedings in the juvenile court
under ORS 419B.100 and, except as provided in paragraph (h) of
this subsection, under ORS 419B.500 are:
(a) The minor child;
(b) The legal parents or guardian of the child;
(c) A putative father of the child if he has provided or
offered to provide for the physical, emotional, custodial or
financial needs of the child in the previous six months or was
prevented from doing so by the mother of the child;
(d) The state;
(e) The juvenile department;
(f) A court appointed special advocate, if appointed;
(g) The Department of Human Services or other child-caring
agency if the agency has temporary custody of the child;
(h) An intervenor who is granted intervention under ORS
419B.116. An intervenor under this paragraph is not a party to a
proceeding under ORS 419B.500;
(i) A guardian ad litem appointed under subsection (2) of this
section; and
(j) The tribe in cases subject to the Indian Child Welfare Act
if the tribe has intervened pursuant to the Indian Child Welfare
Act.
(2) When a court determines that a parent or guardian, due to
mental or physical disability, cannot adequately act in the
parent's or guardian's interests or give direction to the
parent's or guardian's counsel on decisions the parent or
guardian must make, the court shall appoint some suitable person
to act as guardian ad litem for the parent or guardian.
(3) The rights of the parties include, but are not limited to:
(a) The right to notice of the proceeding and copies of the
petitions, answers, motions and other papers;
(b) The right to appear with counsel and, except for
intervenors under subsection (1)(h) of this section, to have
counsel appointed as otherwise provided by law;
Enrolled Senate Bill 72 (SB 72-A) Page 1
(c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
(d) The right of appeal; and
(e) The right to request a hearing.
(4)(a) { + A person granted rights of limited participation
under ORS 419B.116 is not a party to a proceeding under ORS
419B.100 or 419B.500 but has only those rights specified in the
order granting rights of limited participation. + } { - The
court may grant rights of limited participation to persons who
are not parties under subsection (1) of this section. A person
seeking rights of limited participation must file a motion for
limited participation and an affidavit. The affidavit must be
served on all parties no later than two weeks before a proceeding
in the case in which participation is sought. The affidavit must
state: - }
{ - (A) The reason the participation is sought; - }
{ - (B) How the person's involvement is in the best interest
of the child or the administration of justice; - }
{ - (C) Why the parties cannot adequately present the case;
and - }
{ - (D) What specific relief is being sought. - }
{ - (b) If the court grants the motion, the rights of limited
participation are those specified in the court order. - }
{ - (c) - } { + (b) + } Persons moving for { + or
granted + } rights of limited participation are not entitled to
court-appointed counsel but may appear with retained counsel.
(5) If a foster parent, preadoptive parent or relative is
currently providing care for a child, the Department of Human
Services shall give the foster parent, preadoptive parent or
relative notice of a hearing concerning the child and the court
shall give the person an opportunity to be heard. Except when
allowed to intervene, the foster parent, preadoptive parent or
relative providing care for the child is not considered a party
to the juvenile court proceeding solely because of notice and an
opportunity to be heard.
(6) When a legal grandparent of a child requests in writing and
provides a mailing address, the Department of Human Services
shall give the legal grandparent notice of a hearing concerning
the child and the court shall give the legal grandparent an
opportunity to be heard. Except when allowed to intervene, a
legal grandparent is not considered a party to the juvenile court
proceeding solely because of notice and an opportunity to be
heard.
(7) Interpreters for parties and persons granted rights of
limited participation shall be appointed in the manner specified
by ORS 45.275 and 45.285.
SECTION 2. ORS 419B.875, as amended by section 83, chapter 962,
Oregon Laws 2001, is amended to read:
419B.875. (1) Parties to proceedings in the juvenile court
under ORS 419B.100 and, except as provided in paragraph (h) of
this subsection, under ORS 419B.500 are:
(a) The minor child;
(b) The legal parents or guardian of the child;
(c) A putative father of the child if he has provided or
offered to provide for the physical, emotional, custodial or
financial needs of the child in the previous six months or was
prevented from doing so by the mother of the child;
(d) The state;
(e) The juvenile department;
(f) A court appointed special advocate, if appointed;
Enrolled Senate Bill 72 (SB 72-A) Page 2
(g) The Department of Human Services or other child-caring
agency if the agency has temporary custody of the child;
(h) An intervenor who is granted intervention under ORS
419B.116. An intervenor under this paragraph is not a party to a
proceeding under ORS 419B.500;
(i) A guardian ad litem appointed under subsection (2) of this
section; and
(j) The tribe in cases subject to the Indian Child Welfare Act
if the tribe has intervened pursuant to the Indian Child Welfare
Act.
(2) When a court determines that a parent or guardian, due to
mental or physical disability, cannot adequately act in the
parent's or guardian's interests or give direction to the
parent's or guardian's counsel on decisions the parent or
guardian must make, the court shall appoint some suitable person
to act as guardian ad litem for the parent or guardian.
(3) The rights of the parties include, but are not limited to:
(a) The right to notice of the proceeding and copies of the
petitions, answers, motions and other papers;
(b) The right to appear with counsel and, except for
intervenors under subsection (1)(h) of this section, to have
counsel appointed as otherwise provided by law;
(c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
(d) The right of appeal; and
(e) The right to request a hearing.
(4)(a) { + A person granted rights of limited participation
under ORS 419B.116 is not a party to a proceeding under ORS
419B.100 or 419B.500 but has only those rights specified in the
order granting rights of limited participation. + } { - The
court may grant rights of limited participation to persons who
are not parties under subsection (1) of this section. A person
seeking rights of limited participation must file a motion for
limited participation and an affidavit. The affidavit must be
served on all parties no later than two weeks before a proceeding
in the case in which participation is sought. The affidavit must
state: - }
{ - (A) The reason the participation is sought; - }
{ - (B) How the person's involvement is in the best interest
of the child or the administration of justice; - }
{ - (C) Why the parties cannot adequately present the case;
and - }
{ - (D) What specific relief is being sought. - }
{ - (b) If the court grants the motion, the rights of limited
participation are those specified in the court order. - }
{ - (c) - } { + (b) + } Persons moving for { + or
granted + } rights of limited participation are not entitled to
appointed counsel but may appear with retained counsel.
(5) If a foster parent, preadoptive parent or relative is
currently providing care for a child, the Department of Human
Services shall give the foster parent, preadoptive parent or
relative notice of a hearing concerning the child and the court
shall give the person an opportunity to be heard. Except when
allowed to intervene, the foster parent, preadoptive parent or
relative providing care for the child is not considered a party
to the juvenile court proceeding solely because of notice and an
opportunity to be heard.
(6) When a legal grandparent of a child requests in writing and
provides a mailing address, the Department of Human Services
shall give the legal grandparent notice of a hearing concerning
Enrolled Senate Bill 72 (SB 72-A) Page 3
the child and the court shall give the legal grandparent an
opportunity to be heard. Except when allowed to intervene, a
legal grandparent is not considered a party to the juvenile court
proceeding solely because of notice and an opportunity to be
heard.
(7) Interpreters for parties and persons granted rights of
limited participation shall be appointed in the manner specified
by ORS 45.275 and 45.285.
SECTION 3. ORS 419B.116 is amended to read:
419B.116. (1)(a) As used in this section, 'caregiver
relationship' means a relationship between a person and a child:
(A) That has existed:
(i) During the year preceding the initiation of the dependency
proceeding;
(ii) For at least six months during the dependency proceeding;
or
(iii) For half of the child's life if the child is less than
six months of age;
(B) In which the person had physical custody of the child or
resided in the same household as the child;
(C) In which the person provided the child on a daily basis
with the love, nurturing and other necessities required to meet
the child's psychological and physical needs; and
(D) On which the child depended to meet the child's needs.
(b) 'Caregiver relationship' does not include a relationship
between a child and a person who is the nonrelated foster parent
of the child unless the relationship continued for a period
exceeding 12 months.
(2) A person asserting that the person has a caregiver
relationship with a child may file a motion for intervention in a
juvenile dependency proceeding.
(3) Filing a motion under subsection (2) of this section is the
sole means by which a person may { - intervene in - } { +
become a party to + } a juvenile dependency proceeding { + as an
intervenor + }. An order granting intervention under this section
is exclusively for juvenile dependency proceedings and does not
confer standing or rights of intervention in any other action.
Intervention is not allowed in proceedings under ORS 419B.500.
(4) A motion for intervention { + under subsection (2) of this
section + } must state:
(a) The person's relationship to the child and the person's
involvement in the child's life;
(b) The reason that intervention is sought;
(c) How the person's intervention is in the best interests of
the child { - and aids the court in carrying out the purposes
of this chapter - } ;
(d) Why the existing parties cannot adequately present the
case; and
(e) What specific relief is being sought.
(5) { + (a) + } { - A - } { + If a party wishes to oppose a
motion for intervention, the party must file a written objection
to the motion stating the grounds for the objection no later than
21 days after the motion is filed. If no written objection is
filed as provided in this paragraph, the court may grant the
motion without a hearing. Except as provided in paragraph (b) of
this subsection, if a written objection is filed as provided in
this paragraph, the court shall hold a hearing on the motion.
(b) If a motion for intervention does not state a prima facie
case as to the facts that must be proved under paragraph (c) of
this subsection, the court may deny the motion without a hearing.
Enrolled Senate Bill 72 (SB 72-A) Page 4
(c) If the court holds a hearing on the motion for
intervention, the court may grant the motion for intervention if
the + } person moving to intervene in { - a - } { + the + }
case { - must prove - } { + proves + } by a preponderance of
the evidence that:
{ - (a) - } { + (A) + } A caregiver relationship exists
between the person and the child;
{ - (b) - } { + (B) + } The intervention is in the best
interests of the child;
{ - (c) Intervention aids the court in carrying out the
purposes of this chapter; - }
{ - (d) - } { + (C) + } The reason for intervention and the
specific relief sought are consistent with the best interests of
the child; and
{ - (e) - } { + (D) + } The existing parties cannot
adequately protect the best interests of the child without the
intervention.
{ - (6) If the court finds that the motion for intervention
is well founded, the court may grant the intervention or may
grant rights of limited participation. - }
{ - (7)(a) - } { + (6) + } A person granted intervention is
a party to the case and, except as provided in { - paragraphs
(b) and (c) of this - } subsection { + (10) of this section + },
may be granted such relief as the court determines to be
appropriate and in the best interests of the child.
{ + (7) A person who is not a party under ORS 419B.875 may
seek rights of limited participation by filing a written motion
for limited participation in a juvenile court proceeding. The
motion must state:
(a) The reason that limited participation is being sought;
(b) How the person's limited participation is in the best
interests of the child;
(c) Why the parties cannot adequately present the case; and
(d) The specific rights of limited participation that are being
sought.
(8)(a) If a party wishes to oppose a motion filed under
subsection (7) of this section, the party must file a written
objection to the motion stating the grounds for the objection no
later than 21 days after the motion is filed. If no written
objection is filed as provided in this paragraph, the court may
grant the motion without a hearing.
(b) If a motion seeking rights of limited participation does
not state a prima facie case as to the facts that must be proved
under paragraph (c) of this subsection, the court may deny the
motion without a hearing.
(c) If the court holds a hearing on the motion seeking rights
of limited participation, the court may grant the motion if the
person seeking rights of limited participation proves by a
preponderance of the evidence that:
(A) The person's limited participation is in the best interests
of the child;
(B) The reason for limited participation and the specific
rights sought are consistent with the best interests of the
child; and
(C) The parties cannot adequately present the case.
(9) If the court grants a motion under subsection (8) of this
section, the court shall specify in the order the rights of
limited participation that are being granted. + }
{ - (b) - } { + (10)(a) + } At any time, a person granted
intervention or a person { - with - } { + granted + } rights
Enrolled Senate Bill 72 (SB 72-A) Page 5
of limited participation may move to be considered a temporary
placement or visitation resource for the child.
{ - (c) - } { + (b) + } At any time after a court has
determined at a permanency hearing that the permanent plan for
the child should be something other than to return home, a person
granted intervention may move to be considered the permanent
placement resource for the child.
{ - (8) - } { + (11) + } The court may modify or set aside
any order granting intervention or { + rights of + } limited
participation as provided in ORS { - 419B.420, 419B.423 and
419B.426 - } { + 419B.923 + }.
SECTION 4. ORS 109.119 is amended to read:
109.119. (1) { + Except as otherwise provided in subsection
(8) of this section, + } any person, including but not limited to
a related or nonrelated foster parent, stepparent, grandparent or
relative by blood or marriage, who has established emotional ties
creating a child-parent relationship or an ongoing personal
relationship with a child may petition or file a motion for
intervention with the court having jurisdiction over the custody,
placement { - , - } { + or + } guardianship { - or
wardship - } of that child, or if no such proceedings are
pending, may petition the court for the county in which the child
resides, for an order providing for relief under subsection (3)
of this section.
(2)(a) In any proceeding under this section, there is a
presumption that the legal parent acts in the best interest of
the child.
(b) In an order granting relief under this section, the court
shall include findings of fact supporting the rebuttal of the
presumption described in paragraph (a) of this subsection.
(c) The presumption described in paragraph (a) of this
subsection does not apply in a proceeding to modify an order
granting relief under this section.
(3)(a) If the court determines that a child-parent relationship
exists and if the court determines that the presumption described
in subsection (2)(a) of this section has been rebutted by a
preponderance of the evidence, the court shall grant custody,
guardianship, right of visitation or other right to the person
having the child-parent relationship, if to do so is in the best
interest of the child. The court may determine temporary custody
of the child or temporary visitation rights under this paragraph
pending a final order.
(b) If the court determines that an ongoing personal
relationship exists and if the court determines that the
presumption described in subsection (2)(a) of this section has
been rebutted by clear and convincing evidence, the court shall
grant visitation or contact rights to the person having the
ongoing personal relationship, if to do so is in the best
interest of the child. The court may order temporary visitation
or contact rights under this paragraph pending a final order.
(4)(a) In deciding whether the presumption described in
subsection (2)(a) of this section has been rebutted and whether
to award visitation or contact rights over the objection of the
legal parent, the court may consider factors including, but not
limited to, the following, which may be shown by the evidence:
(A) The petitioner or intervenor is or recently has been the
child's primary caretaker;
(B) Circumstances detrimental to the child exist if relief is
denied;
Enrolled Senate Bill 72 (SB 72-A) Page 6
(C) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor;
(D) Granting relief would not substantially interfere with the
custodial relationship; or
(E) The legal parent has unreasonably denied or limited contact
between the child and the petitioner or intervenor.
(b) In deciding whether the presumption described in subsection
(2)(a) of this section has been rebutted and whether to award
custody, guardianship or other rights over the objection of the
legal parent, the court may consider factors including, but not
limited to, the following, which may be shown by the evidence:
(A) The legal parent is unwilling or unable to care adequately
for the child;
(B) The petitioner or intervenor is or recently has been the
child's primary caretaker;
(C) Circumstances detrimental to the child exist if relief is
denied;
(D) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor; or
(E) The legal parent has unreasonably denied or limited contact
between the child and the petitioner or intervenor.
(5) In addition to the other rights granted under this section,
a stepparent with a child-parent relationship who is a party in a
dissolution proceeding may petition the court having jurisdiction
for custody or visitation under this section or may petition the
court for the county in which the child resides for adoption of
the child. The stepparent may also file for post decree
modification of a decree relating to child custody.
(6)(a) A motion for intervention filed under this section shall
comply with ORCP 33 and state the grounds for relief under this
section.
{ - (b)(A) A motion for intervention filed under ORS 419B.875
by a person other than a grandparent may be denied or a petition
may be dismissed on the motion of any party or on the court's own
motion if the petition does not state a prima facie case of
emotional ties creating a child-parent relationship or ongoing
personal relationship or does not allege facts that the
intervention is in the best interest of the child. - }
{ - (B) A motion for intervention filed under ORS 419B.875 by
a grandparent may be granted upon a finding by clear and
convincing evidence that the intervention is in the best
interests of the child. - }
{ - (c) - } { + (b) + } Costs for the representation of an
intervenor under this section { - or ORS 419B.875 - } may not
be charged against funds appropriated for indigent defense
services.
(7) In a proceeding under this section, the court may:
(a) Cause an investigation, examination or evaluation to be
made under ORS 107.425 or may appoint an individual or a panel or
may designate a program to assist the court in creating parenting
plans or resolving disputes regarding parenting time and to
assist the parties in creating and implementing parenting plans
under ORS 107.425 (3).
(b) Assess against a party reasonable attorney fees and costs
for the benefit of another party.
{ + (8) This section does not apply to proceedings under ORS
chapter 419B. + }
{ - (8) - } { + (9) + } As used in this section:
Enrolled Senate Bill 72 (SB 72-A) Page 7
(a) 'Child-parent relationship' means a relationship that
exists or did exist, in whole or in part, within the six months
preceding the filing of an action under this section, and in
which relationship a person having physical custody of a child or
residing in the same household as the child supplied, or
otherwise made available to the child, food, clothing, shelter
and incidental necessaries and provided the child with necessary
care, education and discipline, and which relationship continued
on a day-to-day basis, through interaction, companionship,
interplay and mutuality, that fulfilled the child's psychological
needs for a parent as well as the child's physical needs.
However, a relationship between a child and a person who is the
nonrelated foster parent of the child is not a child-parent
relationship under this section unless the relationship continued
over a period exceeding 12 months.
(b) 'Circumstances detrimental to the child' includes but is
not limited to circumstances that may cause psychological,
emotional or physical harm to a child.
(c) 'Grandparent' means the legal parent of the child's legal
parent.
(d) 'Legal parent' means a parent as defined in ORS 419A.004
whose rights have not been terminated under ORS 419B.500 to
419B.524.
(e) 'Ongoing personal relationship' means a relationship with
substantial continuity for at least one year, through
interaction, companionship, interplay and mutuality.
SECTION 5. ORS 109.119, as amended by section 1e, chapter 873,
Oregon Laws 2001, is amended to read:
109.119. (1) { + Except as otherwise provided in subsection
(8) of this section, + } any person, including but not limited to
a related or nonrelated foster parent, stepparent, grandparent or
relative by blood or marriage, who has established emotional ties
creating a child-parent relationship or an ongoing personal
relationship with a child may petition or file a motion for
intervention with the court having jurisdiction over the custody,
placement { - , - } { + or + } guardianship { - or
wardship - } of that child, or if no such proceedings are
pending, may petition the court for the county in which the child
resides, for an order providing for relief under subsection (3)
of this section.
(2)(a) In any proceeding under this section, there is a
presumption that the legal parent acts in the best interest of
the child.
(b) In an order granting relief under this section, the court
shall include findings of fact supporting the rebuttal of the
presumption described in paragraph (a) of this subsection.
(c) The presumption described in paragraph (a) of this
subsection does not apply in a proceeding to modify an order
granting relief under this section.
(3)(a) If the court determines that a child-parent relationship
exists and if the court determines that the presumption described
in subsection (2)(a) of this section has been rebutted by a
preponderance of the evidence, the court shall grant custody,
guardianship, right of visitation or other right to the person
having the child-parent relationship, if to do so is in the best
interest of the child. The court may determine temporary custody
of the child or temporary visitation rights under this paragraph
pending a final order.
(b) If the court determines that an ongoing personal
relationship exists and if the court determines that the
Enrolled Senate Bill 72 (SB 72-A) Page 8
presumption described in subsection (2)(a) of this section has
been rebutted by clear and convincing evidence, the court shall
grant visitation or contact rights to the person having the
ongoing personal relationship, if to do so is in the best
interest of the child. The court may order temporary visitation
or contact rights under this paragraph pending a final order.
(4)(a) In deciding whether the presumption described in
subsection (2)(a) of this section has been rebutted and whether
to award visitation or contact rights over the objection of the
legal parent, the court may consider factors including, but not
limited to, the following, which may be shown by the evidence:
(A) The petitioner or intervenor is or recently has been the
child's primary caretaker;
(B) Circumstances detrimental to the child exist if relief is
denied;
(C) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor;
(D) Granting relief would not substantially interfere with the
custodial relationship; or
(E) The legal parent has unreasonably denied or limited contact
between the child and the petitioner or intervenor.
(b) In deciding whether the presumption described in subsection
(2)(a) of this section has been rebutted and whether to award
custody, guardianship or other rights over the objection of the
legal parent, the court may consider factors including, but not
limited to, the following, which may be shown by the evidence:
(A) The legal parent is unwilling or unable to care adequately
for the child;
(B) The petitioner or intervenor is or recently has been the
child's primary caretaker;
(C) Circumstances detrimental to the child exist if relief is
denied;
(D) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor; or
(E) The legal parent has unreasonably denied or limited contact
between the child and the petitioner or intervenor.
(5) In addition to the other rights granted under this section,
a stepparent with a child-parent relationship who is a party in a
dissolution proceeding may petition the court having jurisdiction
for custody or visitation under this section or may petition the
court for the county in which the child resides for adoption of
the child. The stepparent may also file for post decree
modification of a decree relating to child custody.
(6)(a) A motion for intervention filed under this section shall
comply with ORCP 33 and state the grounds for relief under this
section.
{ - (b)(A) A motion for intervention filed under ORS 419B.875
by a person other than a grandparent may be denied or a petition
may be dismissed on the motion of any party or on the court's own
motion if the petition does not state a prima facie case of
emotional ties creating a child-parent relationship or ongoing
personal relationship or does not allege facts that the
intervention is in the best interest of the child. - }
{ - (B) A motion for intervention filed under ORS 419B.875 by
a grandparent may be granted upon a finding by clear and
convincing evidence that the intervention is in the best
interests of the child. - }
Enrolled Senate Bill 72 (SB 72-A) Page 9
{ - (c) - } { + (b) + } Costs for the representation of an
intervenor under this section { - or ORS 419B.875 - } may not
be charged against funds appropriated for public defense
services.
(7) In a proceeding under this section, the court may:
(a) Cause an investigation, examination or evaluation to be
made under ORS 107.425 or may appoint an individual or a panel or
may designate a program to assist the court in creating parenting
plans or resolving disputes regarding parenting time and to
assist the parties in creating and implementing parenting plans
under ORS 107.425 (3).
(b) Assess against a party reasonable attorney fees and costs
for the benefit of another party.
{ + (8) This section does not apply to proceedings under ORS
chapter 419B. + }
{ - (8) - } { + (9) + } As used in this section:
(a) 'Child-parent relationship' means a relationship that
exists or did exist, in whole or in part, within the six months
preceding the filing of an action under this section, and in
which relationship a person having physical custody of a child or
residing in the same household as the child supplied, or
otherwise made available to the child, food, clothing, shelter
and incidental necessaries and provided the child with necessary
care, education and discipline, and which relationship continued
on a day-to-day basis, through interaction, companionship,
interplay and mutuality, that fulfilled the child's psychological
needs for a parent as well as the child's physical needs.
However, a relationship between a child and a person who is the
nonrelated foster parent of the child is not a child-parent
relationship under this section unless the relationship continued
over a period exceeding 12 months.
(b) 'Circumstances detrimental to the child' includes but is
not limited to circumstances that may cause psychological,
emotional or physical harm to a child.
(c) 'Grandparent' means the legal parent of the child's legal
parent.
(d) 'Legal parent' means a parent as defined in ORS 419A.004
whose rights have not been terminated under ORS 419B.500 to
419B.524.
(e) 'Ongoing personal relationship' means a relationship with
substantial continuity for at least one year, through
interaction, companionship, interplay and mutuality.
----------
Enrolled Senate Bill 72 (SB 72-A) Page 10
Passed by Senate February 26, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 16, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 72 (SB 72-A) Page 11
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 72 (SB 72-A) Page 12