STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 599	By:	Crain

AS INTRODUCED

An Act relating to fees; amending 63 O.S. 2001, Sections 1-704, 1-822, 1-874, 1-890.4, 1-1905, 1-1965, and 2659, 40 O.S. 2001, Section 558, and 85 O.S. 2001, Section 14.3, as last amended by Section 1, Chapter 17, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2008, Section 14.3), which relate to fees assessed by the State Board of Health; directing the Board to establish certain fees based on reasonable costs; deleting language limiting certain period of licensure; permitting certain licenses to be renewed biennially; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     63 O.S. 2001, Section 1-704, is amended to read as follows:
Section 1-704.  A.  1.  The application by any person for a license to operate a hospital within the meaning of this article shall be accompanied by a fee to be determined by the number of beds available for patients, to be established by the State Board of Health, but not to exceed Ten Dollars ($10.00) for each bed included in the maximum bed capacity at such facility based on reasonable costs as provided in Section 1-106.1 of this title.
2.  For the purpose of determining the fee, the total number of beds shall include cribs and bassinets.
B.  No such fee shall be refunded unless licensure is refused.  All licenses shall be for a period of twelve (12) months from the date of issue.  Provided that licenses may be issued for a period of more than twelve (12) months, but not more than twenty‑four (24) months, for the license period immediately following the enactment of this provision in order to permit an equitable distribution of license expiration dates to all months of the year.
C.  Fees for such extended licensure period shall be prorated according to the total months to be licensed, with such amounts to be calculated to the nearest dollar.
D.  All licenses:
1.  Shall be on a form prescribed by the State Commissioner of Health and shall not be transferable or assignable; 
2.  Shall be issued only for the premises named in the application; 
3.  Shall be posted in a conspicuous place on the licensed premises; and
4.  May be renewed for twelve‑month periods upon application, investigation and payment of license fee, as in the case of procurement of an original license.
SECTION 2.     AMENDATORY     63 O.S. 2001, Section 1-822, is amended to read as follows:
Section 1-822.  A.  An application for a license, or renewal thereof, to establish or operate a residential care home shall be accompanied by a fee of Fifty Dollars ($50.00) established by the State Board of Health based on reasonable costs as provided in Section 1-106.1 of this title.  The fee shall not be refunded. Except as provided for in Section 1-824 of this title, a license shall expire twenty-four (24) months from the date of issuance, unless sooner revoked, and may be renewed biannually biennially by the State Department of Health pursuant to the provisions of the Residential Care Act.  All licenses shall be on a form prescribed by the State Commissioner of Health, and shall include, but not be limited to, the maximum bed capacity for which the license is granted, the date the license was issued, and the expiration date of the license.  The provisions of the license shall require that the license shall:
1.  Not be transferable or assignable except as authorized by the provisions of the Residential Care Act;
2.  Be posted in a conspicuous place on the licensed premises; and
3.  Be issued only for the premises named in the application, and may be renewed for twenty-four-month periods upon application, inspection, and payment of the license fee, as required by the provisions of the Residential Care Act.
B.  An application shall contain the following information:
1.  The name and address of the owner of the home.  If the owner is a firm or partnership, the name and address of each member thereof shall be included in the application.  If the owner is a corporation, the name and address of the corporation and the name and address of each officer and registered agent of the corporation shall be included in the application;
2.  The name and address of the applicant if the applicant is not the owner and is acting as agent for the owner;
3.  The name and location of the home for which a license is sought;
4.  The name of the administrator of the home;
5.  The number and type of residents for whom services are to be provided; and
6.  The staffing pattern for providing resident care.  In the case of an application for an initial license, the staffing pattern shown may be the projected staffing pattern.
C.  Each initial application shall be accompanied by a statement from the unit of local government having zoning jurisdiction over the location of the home stating that the location is not in violation of a zoning ordinance.
D.  1.  An applicant shall be twenty-one (21) years of age or older and meet the specific requirements for licensure as specified in rules promulgated by the State Board of Health pursuant to the provisions of the Residential Care Act.
2.  No person who has been convicted of a felony in connection with the management or operation of a home, or facility as defined in Section 1-1902 of this title or in the care and treatment of the residents of a home, or facility as defined in Section 1-1902 or 1-1950.1 of this title shall be eligible to be licensed or to participate in the management or operation of a home.
3.  If the applicant is a firm, partnership, or corporation, the applicant shall not be eligible to be licensed if any member of the firm or partnership or any officer or major stockholder of the corporation has been convicted of a felony in connection with the operation or management of a home or facility or the care and treatment of the residents of a home or facility as defined in Section 1-1902 of this title.
E.  1.  The application for a license or renewal of a license shall be accompanied by a statement of ownership which shall include the following:
a.	the name, address, telephone number, occupation or business activity, business address, and business telephone number of the owner of the home and of every person who owns the building in which the home is located.  If the owner is a partnership or corporation, the name and address of each partner and stockholder with an ownership interest of five percent (5%) or more shall be included in the statement, and
b.	the name and address of any other home in which the owner has a full or partial financial interest or, if the owner is a partnership or corporation, any other home in which the partnership or corporation has a full or partial financial interest.  The statement shall indicate whether or not any other home wherein a full or partial financial interest is held would, if located in this state, be required to be licensed.
2.  The applicant shall agree in writing, prior to the issuance of a license, to notify the Department if there is any change in the information required to be included in the statement of ownership thirty (30) days in advance of such change.  The information contained in the statement of ownership shall be public information and shall be available upon request from the Department.
F.  Upon application of a licensee, a license may be modified in accordance with the provisions of the Residential Care Act.  Such application for modification of a license shall be accompanied by a fee of Twenty Dollars ($20.00) established by the State Board of Health based on reasonable costs as provided in Section 1-106.1 of this title and shall be submitted in such form and manner as required by the Department.
G.  Upon payment of the required application fees, the Commissioner may issue and renew licenses which substantially comply with the provisions of the Residential Care Act and rules promulgated pursuant thereto; provided, however, a plan of correction shall be submitted and accepted by both parties prior to licensure.
H.  All residential care homes shall be required to have or employ a certified administrator for the home.
SECTION 3.     AMENDATORY     63 O.S. 2001, Section 1-874, is amended to read as follows:
Section 1-874.  A.  An applicant for a license to operate an adult day care center must file an application on a form approved by the State Department of Health and pay an initial license fee which shall be determined by the Department.
B.  Applications for license renewal must be filed at least forty‑five (45) days before the expiration date of the current license on a form approved by the Department and a license renewal fee must be paid which shall be determined by the Department.  The annual license renewal fee shall not exceed Seventy‑five Dollars ($75.00) be established by the State Board of Health based on reasonable costs as provided in Section 1-106.1 of this title.  Revenue generated by the collection of license fees shall be deposited into the Department revolving fund, and shall be used to help finance the costs associated with the licensing of such center.
C.  The applicant must provide evidence of compliance with the requirements of all applicable federal, state and local laws and regulations.  In addition to other requirements, an applicant shall provide a statement of ownership and a financial statement.
SECTION 4.     AMENDATORY     63 O.S. 2001, Section 1-890.4, is amended to read as follows:
Section 1-890.4  A.  Each application for establishment of a continuum of care facility or assisted living center shall be accompanied by a nonrefundable application fee.  The State Board of Health shall develop a sliding fee scale not to exceed One Thousand Dollars ($1,000.00) for each application.  The scale shall be based upon the bed capacity of the continuum of care facilities or assisted living centers.
B.  Each application for an initial license, or annual renewal of the license, to operate a continuum of care facility or assisted living center shall be accompanied by a license fee of Ten Dollars ($10.00) for each bed included in the maximum bed capacity at such facility or center established by the State Board of Health based on reasonable costs as provided in Section 1-106.1 of this title.  Each application for an initial or renewal license for a continuum of care facility that includes an adult day care component shall be accompanied by an additional license fee in an amount to be determined by the Board, but not to exceed Seventy-five Dollars ($75.00).
C.  Each application to establish or license a continuum of care facility or assisted living center shall be on a form approved by the Commissioner to include, but not be limited to, the following:
1.  Disclosure of the applicant's identity and background in the operation of continuum of care and assisted living services; and
2.  Evidence of the adequacy of the applicant's financial resources and ability to ensure adequate staffing.
SECTION 5.     AMENDATORY     63 O.S. 2001, Section 1-1905, is amended to read as follows:
Section 1-1905.  A.  An application for a license, or renewal thereof, to operate a facility shall be accompanied by a fee of Ten Dollars ($10.00) for each bed included in the maximum bed capacity at such facility established by the State Board of Health based on reasonable costs as provided in Section 1-106.1 of this title.  All licenses shall be on a form prescribed by the State Commissioner of Health, which shall include, but not be limited to, the maximum bed capacity for which it is granted and the date the license was issued.  The license shall:
1.  Not be transferable or assignable;
2.  Be posted in a conspicuous place on the licensed premises;
3.  Be issued only for the premises named in the application; and
4.  Expire on July 30 of each year, provided an initial license shall expire one hundred eighty (180) days after the date of issuance.
B.  The fee for a license renewal following an initial license, or for a license amendment to reflect a change in bed capacity, shall be prorated based on the number of days remaining until July 30, and, in the case of a change in the number of beds, the total number of beds.
C.  The issuance or renewal of a license after notice of a violation has been sent shall not constitute a waiver by the State Department of Health of its power to rely on the violation as the basis for subsequent license revocation or other enforcement action under this act arising out of the notice of violation.
D.  1.  When transfer of ownership or operation of a facility is proposed, the transferee shall notify the Department of the transfer and apply for a new license at least thirty (30) days prior to final transfer.
2.  The transferor shall remain responsible for the operation of the facility until such time as a license is issued to the transferee.
3.  The license granted to the transferee shall be subject to the plan of correction submitted by the previous owner and approved by the Department and any conditions contained in a conditional license issued to the previous owner.  If there are outstanding violations and no approved plan of correction has been implemented, the Department may issue a conditional license and plan of correction as provided in this act.
4.  The transferor shall remain liable for all penalties assessed against the facility which are imposed for violations occurring prior to transfer of ownership.
E.  Nursing and specialized facilities, as defined and licensed pursuant to the Nursing Home Care Act shall be surveyed through an unannounced inspection at least once every fifteen (15) months, with a statewide average survey cycle of twelve (12) months.
SECTION 6.     AMENDATORY     63 O.S. 2001, Section 1-1965, is amended to read as follows:
Section 1-1965.  A.  Every person, corporation, partnership, association or other legal entity desiring to obtain a license to establish, or to obtain a renewal license to operate, a home care agency in this state shall make application to the State Department of Health in such form and accompanied by such information as the State Commissioner of Health shall prescribe.  Such information shall include, but not be limited to:
1.  The name and location of the home care agency for which a license is sought; and
2.  The name and address of the person or persons under whose ownership, operation, management, or supervision the home care agency will be conducted.
B.  1.  An application for an initial license to establish or operate a new home care agency shall be accompanied by a nonrefundable application fee of up to Three Thousand Dollars ($3,000.00) not to exceed the reasonable costs incurred by the Department in implementing the Home Care Act established by the State Board of Health based on reasonable costs as provided in Section 1-106.1 of this title.
2.  An application for a license, or renewal thereof, to operate an existing home care agency shall be accompanied by a nonrefundable licensing fee of Five Hundred Dollars ($500.00) established by the State Board of Health based on reasonable costs as provided in Section 1-106.1 of this title.
3.  An application for license, or renewal thereof, to establish or operate a home care agency branch office of an agency licensed in the State of Oklahoma shall be accompanied by a nonrefundable licensing fee of Twenty-five Dollars ($25.00) established by the State Board of Health based on reasonable costs as provided in Section 1-106.1 of this title.
4.  Funds collected pursuant to this section shall be deposited in the Home Health Care Revolving Fund.
C.  Disclosure statements shall be completed by the applicant and all affiliated persons and such other legal entities specified by this subsection.  The disclosure statements shall be made a part of the application and shall include, but not be limited to, the following information:
1.  The full name and address of the applicant, and all affiliated persons;
2.  The full name and address of any legal entity in which the applicant holds a debt or equity interest of at least five percent (5%) or which is a parent company or subsidiary of the applicant;
3.  A description of any ongoing organizational relationships as they may impact operations within the state; and
4.  The names, locations, and dates of ownership, operation, or management for all current and prior home care agencies owned, operated or managed in this state or in any other state by the applicant or by any affiliated persons.
D.  An application for a license for a home care agency may be denied by the Commissioner for any of the following reasons:
1.  Failure to meet any of the minimum standards of the Home Care Act or rules of the Board promulgated pursuant thereto; or
2.  Conviction of the applicant, or any affiliated persons, for any offense listed in subsection F of Section 1-1950.1 of this title.
E.  The license issued by the Commissioner shall:
1.  Not be transferable or assignable except to any affiliated person, parent company or subsidiary of the applicant or legal entity which has an ongoing organizational relationship with the applicant;
2.  Be posted in a conspicuous place, open to the public, on the licensed premises;
3.  Be issued only for the premises named in the application; and
4.  Except as otherwise provided by this paragraph, expire on July 31 of each year.  The Department shall promulgate rules which will authorize or allow:
a.	the term of a renewal license issued pursuant to the Home Care Act prior to the effective date of this act which will expire prior to July 1, 1997, to be extended or any application fee or other fee required by the Home Care Act to be prorated so that a renewal license may be issued on August 1, 1997, and
b.	the issuance of a new license, or a renewal license, prior to or after the effective date of this act to establish or operate a home care agency pursuant to the Home Care Act for less than one (1) year or the proration of any application fee or other fee so required so that a renewal license may be issued on August 1, 1997.
F.  After issuing a license, the Commissioner may revoke or suspend the license based on any of the following grounds:
1.  Violation of any of the provisions of the Home Care Act or the rules or standards promulgated by the Board; or
2.  Permitting, aiding, or abetting the commission of any illegal act by a licensed home care agency.
G.  The issuance or renewal of a license after notice of a violation shall not constitute a waiver by the Department of its power to rely on the violation as the basis for subsequent revocation of a license or other enforcement action authorized by the Home Care Act.
H.  For purposes of this section:
1.  "Affiliated person" means:
a.	any officer, director or partner of the applicant,
b.	any person employed by the applicant as a general or key manager who directs the operations of the facility which is the subject of the application, and
c.	any person owning or controlling more than five percent (5%) of the applicant's debt or equity; and
2.  "Subsidiary" means any person, firm, corporation or other legal entity which:
a.	controls or is controlled by the applicant,
b.	is controlled by an entity that also controls the applicant, or
c.	the applicant or an entity controlling the applicant has directly or indirectly the power to control.
SECTION 7.     AMENDATORY     63 O.S. 2001, Section 2659, is amended to read as follows:
Section 2659.  A.  Application for a license shall be made to the Commissioner upon forms provided by the Commissioner and shall contain such information as the Commissioner may require.  The Commissioner shall require affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under the provisions of this act.
B.  Each application for a license, except applications from governmental units, shall be accompanied by an annual license fee of One Hundred Dollars ($100.00) established by the State Board of Health based on reasonable costs as provided in Section 1-106.1 of this title.  All license fees shall be deposited in the State Treasury to the credit of the General Fund of the Department of Health.
SECTION 8.     AMENDATORY     40 O.S. 2001, Section 558, is amended to read as follows:
Section 558.  A.  On and after July 1, 1994, no testing facility shall provide laboratory services to an employer to test for the presence or absence of drugs or alcohol unless it meets the qualifications established for testing facilities pursuant to Section 7 557 of this act title and is licensed by the State Department of Health to perform such tests.  The State Board of Health shall promulgate rules relating to the issuance of such license, including rules governing license revocation, suspension and nonrenewal.
B.  The fees for licensure of testing facilities by the State Department of Health shall be set by the State Board of Health and shall not be more than One Hundred Fifty Dollars ($150.00) annually based on reasonable costs as provided in Section 1-106.1 of Title 63 of the Oklahoma Statutes.
C.  Any testing facility providing laboratory services to an employer to test for the evidence of drugs or alcohol which is not licensed by the State Department of Health pursuant to this section shall be subject to an administrative fine of not more than Five Hundred Dollars ($500.00) for each offense.  Each test performed by the unlicensed testing facility in violation of this section shall constitute a separate offense.
SECTION 9.     AMENDATORY     85 O.S. 2001, Section 14.3, as last amended by Section 1, Chapter 17, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2008, Section 14.3), is amended to read as follows:
Section 14.3  A.  Any person or entity may make written application to the Commissioner of Health of the State of Oklahoma to have a workplace medical plan certified that provides management of quality treatment to injured employees for injuries and diseases compensable under the Workers’ Compensation Act.  Each application for certification shall be accompanied by a fee of One Thousand Five Hundred Dollars ($1,500.00) established by the State Board of Health based on reasonable costs as provided in Section 1-106.1 of Title 63 of the Oklahoma Statutes.  A workplace medical plan may be certified to provide services to a limited geographic area.  A certificate is valid for a five-year period, unless revoked or suspended.  Application for certification shall be made in the form and manner and shall set forth information regarding the proposed program for providing services as the Commissioner may prescribe.  The information shall include, but not be limited to:
1.  A list of the names of all medical providers who will provide services under the plan, together with appropriate evidence of compliance with any licensing or certification requirements for those providers to practice in this state; and
2.  A description of the places and manner of providing services under the plan.
B.  1.  The Commissioner shall not certify a plan unless the Commissioner finds that the plan:
a.	proposes to provide quality services for all medical services which:
(1)	may be required by the Workers’ Compensation Act in a manner that is timely, effective and convenient for the employee, and
(2)	utilizes medical treatment guidelines and protocols substantially similar to those established for use by medical service providers, which have been recommended by the Physician Advisory Committee and adopted by the Administrator pursuant to subsection B of Section 201.1 of this title.  If the Administrator has not adopted medical treatment guidelines and protocols, the Commissioner may certify a plan that utilizes medical guidelines and protocols established by the plan if, in the discretion of the Commissioner, the guidelines and protocols are reasonable and will carry out the intent of the Workers’ Compensation Act.  Certified plans must utilize medical treatment guidelines and protocols substantially similar to those adopted by the Administrator pursuant to Section 201.1 of this title, as such guidelines and protocols become adopted,
b.	is reasonably geographically convenient to residents of the area for which it seeks certification,
c.	provides appropriate financial incentives to reduce service costs and utilization without sacrificing the quality of service,
d.	provides adequate methods of peer review, utilization review and dispute resolution to prevent inappropriate, excessive or medically unnecessary treatment, and excludes participation in the plan by those providers who violate these treatment standards,
e.	requires the dispute resolution procedure of the plan to include a requirement that disputes on an issue, including a subsequent change of physician as described in the provisions of Section 14 of this title and this section, related to medical care under the plan be attempted to be resolved within ten (10) days of the time the dispute arises and if not resolved within ten (10) days, the employee may pursue remedies in the Workers’ Compensation Court,
f.	provides aggressive case management for injured employees and a program for early return to work,
g.	provides workplace health and safety consultative services,
h.	provides a timely and accurate method of reporting to the Commissioner necessary information regarding medical service costs and utilization to enable the Commissioner to determine the effectiveness of the plan,
i.	authorizes necessary emergency medical treatment for an injury provided by a provider of medical, surgical, and hospital services who is not a part of the plan,
j.	does not discriminate against or exclude from participation in the plan any category of providers of medical, surgical, or hospital services and includes an adequate number of each category of providers of medical, surgical, and hospital services to give participants access to all categories of providers and does not discriminate against ethnic minority providers of medical services, and
k.	complies with any other requirement the Commissioner determines is necessary to provide quality medical services and health care to injured employees.
2.  The Commissioner may accept findings, licenses or certifications of other state agencies as satisfactory evidence of compliance with a particular requirement of this section.
C.  If any insurer, except CompSource Oklahoma, fails to contract with or provide access to a certified workplace medical plan, an insured, after sixty (60) days’ written notice to its insurance carrier, shall be authorized to contract independently with a plan of his or her choice for a period of one (1) year, to provide medical care under the Workers’ Compensation Act.  The insured shall be authorized to contract, after sixty (60) days’ written notice to its insurance carrier, for additional one-year periods if his or her insurer has not contracted with or provided access to a certified workplace medical plan.
D.  If CompSource Oklahoma fails to contract with at least three certified workplace medical plans, each covering at least fifty counties, then the insured, after sixty (60) days’ written notice to CompSource Oklahoma, shall be authorized to contract independently with a plan of the insured’s choice for a period of one (1) year to provide medical care under the Workers’ Compensation Act.  The insured shall be authorized to contract, after sixty (60) days’ written notice to CompSource Oklahoma, for additional one-year periods if CompSource Oklahoma has not contracted with or fails to continue contracts with at least three certified workplace medical plans covering at least fifty counties.
E.  An employee shall exhaust the dispute resolution procedure of the certified workplace medical plan before seeking legal relief on an issue related to medical care under the plan, including a subsequent change of physician as described in the provisions of Section 14 of this title and this section, provided the dispute resolution procedure shall create a process which shall attempt to resolve the dispute within ten (10) days of the time the dispute arises and if not resolved within ten (10) days, the employee may pursue remedies in the Workers’ Compensation Court.
F.  The Commissioner shall refuse to certify or shall revoke or suspend the certification of a plan if the Commissioner finds that the program for providing medical or health care services fails to meet the requirements of this section, or service under the plan is not being provided in accordance with the terms of a plan.
G.  On or before November 1, 2005, the Commissioner of Health shall implement a site visit protocol for employees of the State Department of Health to perform an inspection of a certified workplace medical plan to ensure that medical services to a claimant and the medical management of the claimant’s needs are adequately met in a timely manner and that the certified workplace medical plan is complying with all other applicable provisions of this act and the rules of the State Department of Health.  Such protocol shall include, but not be limited to:
1.  A site visit shall be made to each certified workplace medical plan not less often than once every year, but not later than thirty (30) days following the anniversary date of issuance of the initial or latest renewal certificate;
2.  A site visit shall conclude with a determination that a certified workplace medical plan is or is not operating in accordance with its latest application to the State Department of Health;
3.  Compliant operations shall include, but not be limited to:
a.	timely and effective medical services are available with reasonable geographic convenience,
b.	use of appropriate treatment guidelines and protocols, and
c.	effective programs for utilization review, case management, grievances, and dispute resolution;
4.  Performance of a site visit shall include:
a.	inspection of organizational documentation,
b.	inspection of systems documentation and processes,
c.	random or systematic sampling of closed and open case management cases (files),
d.	random or systematic sampling, or a one hundred percent (100%) inspection of all dispute resolution, grievance, and/or Department of Health request for assistance files,
e.	workplace medical plan employee and management interviews, as appropriate;
5.  An initial site visit may occur with an interval of less than twelve (12) months to a recently certified plan, or a site visit may occur more often than once in every twelve (12) months if the Commissioner of Health has reason to suspect that a plan is not operating in accordance with its certification;
6.  If a deficient practice is identified during a site visit, the State Department of Health shall require a certified workplace medical plan to submit a timely and acceptable written plan of correction, and then may perform a follow-up visit(s) to ensure that the deficient practice has been eliminated;
7.  A deficient practice that is not remedied by a certified workplace medical plan on a timely basis shall require the Commissioner of Health to revoke or to suspend the certification of a plan;
8.  The fees payable to the State Department of Health shall be:
a.	One Thousand Five Hundred Dollars ($1,500.00) for an initial, annual site visit,
b.	One Thousand Dollars ($1,000.00) if a follow-up visit is performed,
c.	established by the State Board of Health based on reasonable costs as provided in Section 1-106.1 of Title 63 of the Oklahoma Statutes.  These fees shall be separate from the once in five (5) years certification application fee, and
d.	not charged if more than two site visits occur in a twelve-month period; and
9.  In addition to the site visit fee, employees of the State Department of Health may charge to the certified workplace medical plan reasonable travel and travel-related expenses for the site visit such as overnight lodging and meals.  A certified workplace medical plan shall reimburse travel expenses to the State Department of Health at rates equal to the amounts then currently allowed under the State Travel Reimbursement Act.
H.  The State Board of Health shall adopt such rules as may be necessary to implement the provisions of this title and this section.  Such rules shall authorize any person to petition the Commissioner of Health for decertification of a certified workplace medical plan for material violation of any rules promulgated pursuant to this section.
SECTION 10.  This act shall become effective July 1, 2009.
SECTION 11.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-1-1462	JM	1/13/2009 12:13:43 PM