Bill Text: OR HB3664 | 2011 | Regular Session | Introduced

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Bill Title: Relating to medical marijuana; declaring an emergency.

Spectrum: Slight Partisan Bill (Republican 9-5)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3664 Detail]

Download: Oregon-2011-HB3664-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 4109

                         House Bill 3664

Sponsored by Representatives OLSON, KOTEK, KRIEGER, BARKER;
  Representatives BENTZ, BEYER, CONGER, DOHERTY, HARKER, JOHNSON,
  SPRENGER, WAND, Senator KRUSE

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies provisions of Oregon Medical Marijuana Act.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to medical marijuana; creating new provisions; amending
  ORS 475.302, 475.304, 475.309, 475.312, 475.320 and 475.331;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 475.302 is amended to read:
  475.302. As used in ORS 475.300 to 475.346:
  (1) 'Attending physician' means a physician licensed under ORS
chapter 677 who has primary responsibility for the care and
treatment of a person diagnosed with a debilitating medical
condition.
  (2) 'Authority' means the Oregon Health Authority.
  (3) 'Debilitating medical condition' means:
  (a) Cancer, glaucoma, agitation due to Alzheimer's disease,
positive status for human immunodeficiency virus or acquired
immune deficiency syndrome, or treatment for these conditions;
  (b) A medical condition or treatment for a medical condition
that produces, for a specific patient, one or more of the
following:
  (A) Cachexia;
  (B) Severe pain;
  (C) Severe nausea;
  (D) Seizures, including but not limited to seizures caused by
epilepsy; or
  (E) Persistent muscle spasms, including but not limited to
spasms caused by multiple sclerosis; or
  (c) Any other medical condition or treatment for a medical
condition adopted by the authority by rule or approved by the
authority pursuant to a petition submitted pursuant to ORS
475.334.
  (4) 'Delivery' has the meaning given that term in ORS 475.005.
'Delivery' does not include transfer of marijuana by a registry
identification cardholder to another registry identification
cardholder if no consideration is paid for the transfer.
  (5) 'Designated primary caregiver' means an individual   { - 18
years of age or older who has significant responsibility for
managing the well-being of a person who has been diagnosed with a
debilitating medical condition and who is designated as such on
that person's application for a registry identification card or
in other written notification to the authority. 'Designated
primary caregiver' does not include the person's attending
physician. - }  { +  designated under ORS 475.312 as a primary
caregiver by a registry identification cardholder. + }
  (6) 'Marijuana' has the meaning given that term in ORS 475.005.
  (7) 'Marijuana grow site' means a location where marijuana is
produced for use by a registry identification cardholder and that
is registered under the provisions of ORS 475.304.
  (8) 'Medical use of marijuana' means the production,
possession, delivery, or administration of marijuana, or
paraphernalia used to administer marijuana, as necessary for the
exclusive benefit of a person to mitigate the symptoms or effects
of the person's debilitating medical condition.
  (9) 'Production' has the meaning given that term in ORS
475.005.
  (10) 'Registry identification card' means a document issued by
the authority that identifies a person authorized to engage in
the medical use of marijuana and the person's designated primary
caregiver, if any.
  (11) 'Usable marijuana' means the dried leaves and flowers of
the plant Cannabis family Moraceae, and any mixture or
preparation thereof, that are appropriate for medical use as
allowed in ORS 475.300 to 475.346. 'Usable marijuana' does not
include the seeds, stalks and roots of the plant.
  (12) 'Written documentation' means a statement signed by the
attending physician of a person diagnosed with a debilitating
medical condition or copies of the person's relevant medical
records.
  SECTION 2. ORS 475.304 is amended to read:
  475.304. (1) The Oregon Health Authority shall establish by
rule a marijuana grow site registration system to authorize
production of marijuana by a registry identification cardholder,
a designated primary caregiver who grows marijuana for the
cardholder or a person who is responsible for a marijuana grow
site. The marijuana grow site registration system adopted must
require a registry identification cardholder to submit an
application to the authority that includes:
  (a) The name of the person responsible for the marijuana grow
site;
   { +  (b) Documentation showing that the person responsible for
the marijuana grow site is at least 21 years of age; + }
    { - (b) - }   { + (c) + } The address of the marijuana grow
site;
    { - (c) - }   { + (d) + } The registry identification card
number of the registry cardholder for whom the marijuana is being
produced; and
    { - (d) - }   { + (e) + } Any other information the authority
considers necessary.
  (2) The authority shall issue a marijuana grow site
registration card to a registry identification cardholder who has
met the requirements of subsection (1) of this section.
  (3) A person who has been issued a marijuana grow site
registration card under this section must display the
registration card at the marijuana grow site at all times when
marijuana is being produced.
  (4) A marijuana grow site registration card must be obtained
and posted for each registry identification cardholder for whom
marijuana is being produced at a marijuana grow site.
  (5) All usable marijuana, plants, seedlings and seeds
associated with the production of marijuana for a registry
identification cardholder by a person responsible for a marijuana
grow site are the property of the registry identification

cardholder and must be provided to the registry identification
cardholder upon request.
  (6)(a) The authority shall conduct a  { + nationwide + }
criminal records check under ORS 181.534 of   { - any - }
 { + a + } person whose name is submitted as a person responsible
for a marijuana grow site.
  (b) A person convicted of a Class A or Class B felony under ORS
475.840 to 475.920 for the manufacture or delivery of a
controlled substance in Schedule I or Schedule II { + , or of an
equivalent crime in another jurisdiction, + } may not be issued a
marijuana grow site registration card or produce marijuana for a
registry identification cardholder for five years from the date
of conviction.
  (c) A person convicted more than once of a Class A or Class B
felony under ORS 475.840 to 475.920 for the manufacture or
delivery of a controlled substance in Schedule I or Schedule
II { + , or of an equivalent crime in another jurisdiction, + }
may not be issued a marijuana grow site registration card or
produce marijuana for a registry identification cardholder.
  (7) A registry identification cardholder or the designated
primary caregiver of the cardholder may reimburse the person
responsible for a marijuana grow site for the costs of supplies
and utilities associated with the production of marijuana for the
registry identification cardholder { +  and for any fee imposed
under subsection (8) of this section + }. No other costs
associated with the production of marijuana for the registry
identification cardholder, including the cost of labor, may be
reimbursed.
   { +  (8) The authority may adopt rules imposing a fee for
registration of a marijuana grow site under this section. + }
  SECTION 3. ORS 475.309 is amended to read:
  475.309. (1) Except as provided in ORS 475.316, 475.320 and
475.342, a person engaged in or assisting in the medical use of
marijuana is excepted from the criminal laws of the state for
possession, delivery or production of marijuana, aiding and
abetting another in the possession, delivery or production of
marijuana or any other criminal offense in which possession,
delivery or production of marijuana is an element if the
following conditions have been satisfied:
  (a) The person holds a registry identification card issued
pursuant to this section, has applied for a registry
identification card pursuant to subsection (9) of this section,
is the designated primary caregiver of the cardholder or
applicant, or is the person responsible for a marijuana grow site
that is producing marijuana for the cardholder and is registered
under ORS 475.304; and
  (b) The person who has a debilitating medical condition, the
person's  { + designated + } primary caregiver and the person
responsible for a marijuana grow site that is producing marijuana
for the cardholder and is registered under ORS 475.304 are
collectively in possession of, delivering or producing marijuana
for medical use in amounts allowed under ORS 475.320.
  (2) The Oregon Health Authority shall establish and maintain a
program for the issuance of registry identification cards to
persons who meet the requirements of this section. Except as
provided in subsection (3) of this section, the authority shall
issue a registry identification card to any   { - person - }
 { + resident of Oregon  + }who pays a fee in the amount
established by the authority and provides the following:
  (a) Valid, written documentation from the person's attending
physician stating that the person has been diagnosed with a
debilitating medical condition and that the medical use of
marijuana   { - may - }   { + will provide therapeutic value
and + } mitigate the symptoms or effects of the person's
debilitating medical condition;
  (b) The name, address and date of birth of the person;
  (c) The name, address and telephone number of the person's
attending physician;
  (d) The name and address of the person's designated primary
caregiver, if the person has designated a primary caregiver at
the time of application; and
  (e) A written statement that indicates whether the marijuana
used by the cardholder will be produced at a location where the
cardholder or designated primary caregiver is present or at
another location.
  (3) The authority shall issue a registry identification card to
a person who is under 18 years of age if the person submits the
materials required under subsection (2) of this section, and the
custodial parent or legal guardian with responsibility for health
care decisions for the person under 18 years of age   { - signs a
written statement that - } :
   { +  (a) Submits documentation from the person's attending
physician, who must specialize in the treatment of children,
stating that the person under 18 years of age has been diagnosed
with a debilitating medical condition; and
  (b) Signs a written statement stating that: + }
    { - (a) - }   { + (A) + } The attending physician of the
person under 18 years of age has explained to that person and to
the custodial parent or legal guardian with responsibility for
health care decisions for the person under 18 years of age the
possible risks and benefits of the medical use of marijuana;
    { - (b) - }   { + (B) + } The custodial parent or legal
guardian with responsibility for health care decisions for the
person under 18 years of age consents to the use of marijuana by
the person under 18 years of age for medical purposes;
    { - (c) - }   { + (C) + } The custodial parent or legal
guardian with responsibility for health care decisions for the
person under 18 years of age agrees to serve as the designated
primary caregiver for the person under 18 years of age; and
    { - (d) - }   { + (D) + } The custodial parent or legal
guardian with responsibility for health care decisions for the
person under 18 years of age agrees to control the acquisition of
marijuana and the dosage and frequency of use by the person under
18 years of age.
  (4) A person applying for a registry identification card
pursuant to this section may submit the information required in
this section to a county health department for transmittal to the
authority. A county health department that receives the
information pursuant to this subsection shall transmit the
information to the authority within five days of receipt of the
information. Information received by a county health department
pursuant to this subsection shall be confidential and not subject
to disclosure, except as required to transmit the information to
the authority.
  (5)(a) The authority shall verify the information contained in
an application submitted pursuant to this section and shall
approve or deny an application within thirty days of receipt of
the application.
  (b) In addition to the authority granted to the authority under
ORS 475.316 to deny an application, the authority may deny an
application for the following reasons:
  (A) The applicant did not provide the information required
pursuant to this section to establish the applicant's
debilitating medical condition and to document the applicant's
consultation with an attending physician regarding the medical
use of marijuana in connection with such condition, as provided
in subsections (2) and (3) of this section;
  (B) The authority determines that the information provided was
falsified; or
  (C) The applicant has been prohibited by a court order from
obtaining a registry identification card.

  (c) Denial of a registry identification card   { - shall be
considered - }   { + is + } a final authority action, subject to
judicial review. Only the person whose application has been
denied, or, in the case of a person under the age of 18 years of
age whose application has been denied, the person's parent or
legal guardian,   { - shall have - }   { + has + } standing to
contest the authority's action.
  (d)   { - Any - }   { + A + } person whose application has been
denied may not reapply for six months from the date of the
denial, unless so authorized by the authority or a court of
competent jurisdiction.
  (6)(a) If the authority has verified the information submitted
pursuant to subsections (2) and (3) of this section and none of
the reasons for denial listed in subsection (5)(b) of this
section is applicable, the authority shall issue a serially
numbered registry identification card within five days of
verification of the information. The registry identification card
  { - shall - }   { + must + } state:
  (A) The cardholder's name, address and date of birth;
  (B) The date of issuance and expiration date of the registry
identification card;
  (C) The name and address of the person's designated primary
caregiver, if any;
  (D) Whether the marijuana used by the cardholder will be
produced at a location where the cardholder or designated primary
caregiver is present or at another location; and
  (E) Any other information that the authority may specify by
rule.
  (b) When   { - the person to whom the authority has issued a
registry identification card pursuant to this section - }   { + a
registry identification cardholder + } has specified a designated
primary caregiver, the authority shall issue an identification
card to the designated primary caregiver. The primary caregiver's
registry identification card   { - shall - }   { + must + }
contain the information provided in paragraph (a) of this
subsection.
  (7)(a) A   { - person who possesses a registry identification
card - }   { + registry identification cardholder + } shall:
  (A) Notify the authority of any change in the person's name,
address, attending physician or designated primary caregiver.
  (B) If applicable, notify the designated primary caregiver of
the cardholder and the person responsible for the marijuana grow
site that produces marijuana for the cardholder of any change in
status { + , + } including, but not limited to:
  (i) The assignment of another individual as the designated
primary caregiver of the cardholder;
  (ii) The assignment of another individual as the person
responsible for a marijuana grow site producing marijuana for the
cardholder; or
  (iii) The end of the eligibility of the cardholder to hold a
valid registry identification card.
  (C) Annually   { - submit - }  { + , or every three months if
the registry identification cardholder is under 18 years of age,
renew the registry identification card by submitting + } to the
authority:
  (i) Updated written documentation from the cardholder's
attending physician of the person's debilitating medical
condition and that the medical use of marijuana   { - may
mitigate - }   { + provides therapeutic value and mitigates + }
the symptoms or effects of the person's debilitating medical
condition;   { - and - }
  (ii) The name of the person's designated primary caregiver if a
primary caregiver has been designated for the upcoming
 { - year - }  { +  renewal period + }.
  (b) If a   { - person who possesses a registry identification
card - }   { + registry identification cardholder + } fails to
comply with this subsection, the card   { - shall be deemed
expired - }  { +  expires + }. If a registry identification card
expires, the identification card of any designated primary
caregiver of the cardholder   { - shall - }  also
  { - expire - }  { +  expires + }.
  (8)(a) A   { - person who possesses a registry identification
card pursuant to this section and - }   { + registry
identification cardholder + } who has been diagnosed by the
 { - person's - }   { + cardholder's + } attending physician as
no longer having a debilitating medical condition or whose
attending physician has determined that the medical use of
marijuana is contraindicated for the   { - person's - }
 { + cardholder's + } debilitating medical condition shall return
the registry identification card and any other associated Oregon
Medical Marijuana Program cards to the authority within 30
calendar days of notification of the diagnosis or notification of
the contraindication.
  (b) If, due to circumstances beyond the control of the registry
identification cardholder, a cardholder is unable to obtain a
second medical opinion about the cardholder's continuing
eligibility to use medical marijuana before the 30-day period
specified in paragraph (a) of this subsection has expired, the
authority may grant the cardholder additional time to obtain a
second opinion before requiring the cardholder to return the
registry identification card and any associated cards.
  (9) A person who has applied for a registry identification card
pursuant to this section but whose application has not yet been
approved or denied, and who is contacted by any law enforcement
officer in connection with the person's administration,
possession, delivery or production of marijuana for medical use
may provide to the law enforcement officer a copy of the written
documentation submitted to the authority pursuant to subsection
(2) or (3) of this section and proof of the date of mailing or
other transmission of the documentation to the authority. This
documentation   { - shall have - }   { + has + } the same legal
effect as a registry identification card until such time as the
person receives notification that the application has been
approved or denied.
  (10) A registry identification cardholder has the primary
responsibility of notifying the  { + designated + } primary
caregiver and person responsible for the marijuana grow site that
produces marijuana for the cardholder of any change in status of
the cardholder. If the authority is notified by the cardholder
that a  { +  designated + } primary caregiver or person
responsible for a marijuana grow site has changed, the authority
shall notify the { +  designated + } primary caregiver or the
person responsible for the marijuana grow site by mail at the
address of record confirming the change in status and informing
the caregiver or person that   { - their - }   { + the + } card
is no longer valid and must be returned to the authority.
  (11) The authority shall revoke the registry identification
card of a cardholder if a court has issued an order that
prohibits the cardholder from participating in the medical use of
marijuana or otherwise participating in the Oregon Medical
Marijuana Program under ORS 475.300 to 475.346.
   { +  (12) If a registry identification cardholder's registry
identification card is revoked, + } the cardholder shall return
the registry identification card to the authority within seven
calendar days of notification of the revocation. If the
cardholder is a patient, the patient shall return the patient's
card and all other associated Oregon Medical Marijuana Program
cards.
    { - (12) - }   { + (13) + } The authority and employees and
agents of the authority acting within the course and scope of
their employment are immune from any civil liability that might

be incurred or imposed for the performance of or failure to
perform duties required by this section.
  SECTION 4. ORS 475.312 is amended to read:
  475.312. (1)   { - If a person who possesses a registry
identification card issued pursuant to ORS 475.309 chooses to
have a designated primary caregiver, the person must designate
the - }   { + A registry identification cardholder may designate
a designated + } primary caregiver { + , who is at least 21 years
of age and is not excluded under subsection (2) of this
section, + } by including the primary caregiver's name and
address { +  and any other information required by the Oregon
Health Authority by rule + }:
  (a) On the person's application for a registry identification
card;
  (b) In the   { - annual - }  updated information required
 { + for renewal of a registry identification card + } under ORS
475.309; or
  (c) In a written, signed statement submitted to the
 { - Oregon Health - }  authority.
   { +  (2)(a) The authority shall conduct a nationwide criminal
records check under ORS 181.534 of a person whose name is
submitted as a designated primary caregiver under subsection (1)
of this section each time the person's name is submitted.
  (b) A person convicted of a Class A or Class B felony under ORS
475.840 to 475.920 for the manufacture or delivery of a
controlled substance in Schedule I or Schedule II, or of an
equivalent crime in another jurisdiction, may not be a designated
primary caregiver for five years from the date of conviction.
  (c) A person convicted more than once of a Class A or Class B
felony under ORS 475.840 to 475.920 for the manufacture or
delivery of a controlled substance in Schedule I or Schedule II,
or of an equivalent crime in another jurisdiction, may not be a
designated primary caregiver. + }
    { - (2) - }   { + (3) + } A   { - person described in this
section - }   { + registry identification cardholder + } may have
only one designated primary caregiver at   { - any given - }
 { + a + } time.
  SECTION 5. ORS 475.320 is amended to read:
  475.320. (1)(a) A registry identification cardholder or the
designated primary caregiver of the cardholder may possess up to
six mature marijuana plants and 24 ounces of usable marijuana.
  (b) Notwithstanding paragraph (a) of this subsection, if a
registry identification cardholder has been convicted of a Class
A or Class B felony under ORS 475.840 to 475.920 for the
manufacture or delivery of a controlled substance in Schedule I
or Schedule II,  { + or of an equivalent crime in another
jurisdiction, + } the registry identification cardholder or the
designated primary caregiver of the cardholder may possess one
ounce of usable marijuana at any given time for a period of five
years from the date of the conviction.
  (2) A person authorized under ORS 475.304 to produce marijuana
at a marijuana grow site:
  (a) May produce marijuana for and provide marijuana to a
registry identification cardholder or that person's designated
primary caregiver as authorized under this section.
  (b) May possess up to six mature plants and up to 24 ounces of
usable marijuana for each cardholder or caregiver for whom
marijuana is being produced.
  (c) May produce marijuana for no more than four registry
identification cardholders or designated primary caregivers
concurrently.
  (d) Must obtain and display a marijuana grow site registration
card issued under ORS 475.304 for each registry identification
cardholder or designated primary caregiver for whom marijuana is
being produced.

  (e) Must provide all marijuana produced for a registry
identification cardholder or designated primary caregiver to the
cardholder or caregiver at the time the person responsible for a
marijuana grow site ceases producing marijuana for the cardholder
or caregiver.
  (f) Must return the marijuana grow site registration card to
the registry identification cardholder to whom the card was
issued when requested to do so by the cardholder or when the
person responsible for a marijuana grow site ceases producing
marijuana for the cardholder or caregiver.
  (3) Except as provided in subsections (1) and (2) of this
section, a registry identification cardholder, the designated
primary caregiver of the cardholder and the person responsible
for a marijuana grow site producing marijuana for the registry
identification cardholder may possess a combined total of up to
six mature plants and 24 ounces of usable marijuana for that
registry identification cardholder.
  (4)(a) A registry identification cardholder and the designated
primary caregiver of the cardholder may possess a combined total
of up to 18 marijuana seedlings or starts as defined by rule of
the Oregon Health Authority.
  (b) A person responsible for a marijuana grow site may possess
up to 18 marijuana seedlings or starts as defined by rule of the
authority for each registry identification cardholder for whom
the person responsible for the marijuana grow site is producing
marijuana.
  SECTION 6. ORS 475.331 is amended to read:
  475.331. (1)(a) The Oregon Health Authority shall create and
maintain a list of the persons to whom the authority has issued
registry identification cards, the names of any designated
primary caregivers and the addresses of authorized marijuana grow
sites.  Except as provided in   { - subsection - }
 { + subsections + } (2)  { + to (5) + } of this section, the
list   { - shall be - }   { + is + } confidential and not subject
to public disclosure.
  (b) The authority shall develop a system by which authorized
employees of state and local law enforcement agencies may verify
at all times that a person is a lawful possessor of a registry
identification card or the designated primary caregiver of a
lawful possessor of a registry identification card or that a
location is an authorized marijuana grow site.
  (2)  { + The authority may release + } names and other
identifying information from the list established pursuant to
subsection (1) of this section   { - may be released - }  to
 { - : - }
    { - (a) - }  authorized employees of the authority as
necessary to perform official duties of the authority  { - ;
and - }  { + . + }
    { - (b) - }   { + (3) The authority shall release names and
other identifying information from the list established under
subsection (1) of this section to  + }authorized employees of
state or local law enforcement agencies, only as necessary to
verify { + :
  (a) + } That a person is a   { - lawful possessor of a - }
registry identification   { - card or - }   { + cardholder, + }
the designated primary caregiver of a   { - lawful possessor of
a - }  registry identification
  { - card - }   { + cardholder + } or  { + a person responsible
for a marijuana grow site registered under ORS 475.304;
  (b) + } That a location is an authorized marijuana grow site
 { - . - }  { + ;
  (c) The number of registry identification cardholders for whom
a person responsible for a marijuana grow site is producing
marijuana; and
  (d) The number of persons responsible for a marijuana grow site
who are authorized to produce marijuana at a particular location.
  (4)  + }  { - Prior to being provided - }   { + Before the
authority provides + } identifying information from the list { +
pursuant to subsection (3) of this section + }, authorized
employees of state or local law enforcement agencies shall
provide to the authority adequate identification, such as a badge
number or similar authentication of authority.
   { +  (5) At least once each quarter, the authority shall
provide the Oregon State Police with a list of the addresses of
marijuana grow sites registered under ORS 475.304. + }
    { - (3) - }   { + (6) + } Authorized employees of state or
local law enforcement agencies that obtain identifying
information from the list as authorized under this section may
not release or use the information for any purpose other than
verification that a person is a   { - lawful possessor of a - }
registry identification   { - card or - }  { +  cardholder, + }
the designated primary caregiver of a   { - lawful possessor of
a - }  registry identification   { - card - }   { + cardholder or
a person responsible for a marijuana grow site + } or that a
location is an authorized marijuana grow site.
  SECTION 7.  { + The Oregon Health Authority shall establish
fees for criminal records checks conducted under ORS 475.304 (6)
and 475.312 (2) in an amount sufficient to cover the cost of the
criminal records check. + }
  SECTION 8.  { + (1) The amendments to ORS 475.302, 475.304,
475.309, 475.312, 475.320 and 475.331 by sections 1 to 6 of this
2011 Act become operative on January 1, 2012.
  (2) The Oregon Health Authority may take any action before the
operative date specified in subsection (1) of this section to
enable the authority to exercise, on and after the operative date
specified in subsection (1) of this section, all of the duties,
functions and powers conferred on the authority by the amendments
to ORS 475.302, 475.304, 475.309, 475.312, 475.320 and 475.331 by
sections 1 to 6 of this 2011 Act. + }
  SECTION 9.  { + (1) The amendments to ORS 475.304 by section 2
of this 2011 Act apply to applications for registration of a
marijuana grow site submitted on or after the operative date
specified in section 8 of this 2011 Act.
  (2) The amendments to ORS 475.309 by section 3 of this 2011 Act
apply to applications for registry identification cards and
renewals of registry identification cards submitted on or after
the operative date specified in section 8 of this 2011 Act.
  (3) The amendments to ORS 475.312 by section 4 of this 2011 Act
apply to designations of primary caregivers made on or after the
operative date specified in section 8 of this 2011 Act. + }
  SECTION 10.  { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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