CONSERVATION COMMUNITY LEGISLATIVE UPDATE

2014 General Legislative Session Issue #2 February 7, 2014 Welcome to the 2014 Legislative Update issue will prepare you to call, email or tweet your legislators This issue includes highlights of week two, what we can with your opinions and concerns! expect in the week ahead, and information for protecting ACTION ALERT! wildlife and the environment. Please direct any questions or comments to Steve Erickson: [email protected]. Contact NRAEQ Appropriations Subcommittee members to urge their support for $400,000 for the Integrated Water About the Legislative Update R esource M anageme nt M odel for the Great Salt Lake , The Legislative Update is made possible by the Utah $106,000 for monitoring wells in Snake Valley, $300,000 Audubon Council and contributing organizations. Each for phragmites eradication, and to oppose funding for litigation over listing of Sage Grouse as an Endangered Update provides bill and budget item descriptions and Species. status updates throughout the Session, as well as important Session dates and key committees. For the most up-to-date It’s also important that legislators continue to hear from constituents that Air Quality is a top priority and Utahns information and the names and contact information for all expect concrete and substantive actions be taken this legislators, check the Legislature’s website at Session! www.le.utah.gov. The Legislative Update focuses on Phone messages can be left for legislators with staff: legislative information pertaining to wildlife, sensitive and House: 801-538-1029 Senate: 801-538-1035 invasive species, public lands, state parks, SITLA land management, energy development, renewable energy and conservation, and water issues. The Update will be distributed after each Friday of the Session. We may also send out additional Action Alerts during the Session as issues arise that need quick action. We hope each Update Page 1 of 18

News of Week One Budget News All House air quality bills being held in the House Rules Appropriations Subcommittees completed reviews on Committee, and according to our sources, will be released agencies’ Base Budgets for FY 2015 and the individual all at once in order to make a media splash. (The Senate is appropriations bills were passed on Wednesday. The proceeding with air quality bills in the normal course of appropriations subcommittees commenced review of business.) There’s been no indication yet when those “Building Block” requests for additional funds (both one- House bills will be sent to standing committees for review, time and on-going), but the time frame for review is greatly which is causing some concerns that this strategy could compressed – they have until this Thursday (2/13) to finalize create a log-jam of legislation. their recommendations for building blocks in priority order. The Senate NRAE Standing Committee reviewed SB 164 The key requests for new money in NRAEQ Appropriations (Davis) - which would repeal the statute that prohibits are: $400,000 for the Integrated Water Resource making Utah air quality standards more stringent than the Management Model for the Great Salt Lake, $106,000 for federal rules – but held it over for further review. A similar continued monitoring, data collection and maintenance of bill being prepared by Rep. Edwards reportedly has been the wells in Snake Valley (which help to bolster our case endorsed by industry and DEQ. It won’t repeal the statute, against the Las Vegas pipeline), $300,000 for phragmites as SB 164 would, but would provide a process for creating eradication, and $300,000for a Jordan River management tougher air quality rules. Text of the bill should be available plan. We will work to support these requests (see the Action next week. Alert, above. Wildlife bills reviewed and passed so far have been non- The Public Lands Policy Coordination Office is asking for controversial. The controversial stream access and public $1,075,000 to litigate against listing of Sage Grouse as an trust bills (HB 37 and HB 49, respectively) are still in Rules. Endangered Species. The listing decision will not be made Water bills have been slow to move. until September, 2015.

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What’s Ahead Rules Committees

The pace of work on bills should pick up substantially this Senate Rules Committee: coming week, as Standing Committees will meet more Sen. John Valentine, Chair [email protected] frequently. Appropriations Subcommittees are set to meet and finalize priorities Tuesday and Thursday – it’s not clear Sen. [email protected] if they will meet again this Session. The Executive Sen. Pat Jones [email protected] Appropriations Committee isn’t scheduled to meet until the Sen. Pete Knudson [email protected] week of the 17th, when the new revenue projections are anticipated to be released. Sen. [email protected] Dozens of new bill requests were made prior to the filing Sen. Mark Madsen [email protected] deadline last Thursday (2/6), including 20 that deal with the Sen. [email protected] public lands – and the proposed State take-over of the Sen. Kevin Van Tassell [email protected] federal lands in Utah. Another 18 new measures pertain to air quality. House Rules Committee: Watch for news this week that Great Basin Water Network and allies are filing suit against the Department of Interior over the BLM decision granting a right-of-way for the Rep. Dean Sanpei, Chair [email protected] Southern Nevada Water Authority pipeline. Rep. Derek Brown, Vice Chair [email protected] Rep. [email protected] Rep. [email protected] Rep. Curt Oda [email protected] Rep. [email protected]

Rep. [email protected]

Rep. Val Peterson [email protected] Rep. [email protected] Rep. [email protected] Page 3 of 18

Rep. [email protected]

BILL TRACKING LIST Priority Code: 1=High; 2=Medium; 3=Low Bill Sponsor Description/Status Priority Position HB 13 Rural Waste Rep. Menlove Allows a person to bury nonhazardous waste on the 3 Support Disposal person’s property if no waste disposal service is available. Passed House 74-0. On Senate 2nd Reading Calendar. HB 19 Electric Rep. Arent Changes the statute to allow commercial electricity resale 2 Support Vehicle Battery at charging stations. In House Rules Committee. Charging Service Amendments HB 28 Wildlife Rep. Noel Allows the Wildlife Board to set the terms and expiration 3 Support License Expiration dates for hunting and fishing licenses. Passed House 72-0, Amendments on Senate 2nd Reading Calendar. HB 29 County Rep. Webb Requires County Recorders to index deeds filed after May 3 Support Recorder Index 13, 2014 listing the water right number associated with Amendments that property. Passed House Political Subdivisions Standing Committee 9-0, on Senate 2nd Reading Calendar. HB 31 Pollution Rep. Wilcox Cleans up the statute pertaining to sales tax exemptions 2 Support Control Amendments for pollution control equipment and facilities. In House Rules. HB 37 Public Waters Rep. Pitcher Allows public access to waters and streams at or below the 1 Support Access Act ordinary high water mark for boating, fishing, swimming, and wading. Allows reasonable portage across private property to avoid obstructions in the waterway. In House Rules.

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1st Substitute HB 38 Rep. Arent Requires the Governor to appoint a director of resource 3 Support Resource Stewardship stewardship within the Department of Administrative Amendments Services to work with State agencies to implement best practices and stewardship efforts. In House Rules. HB 41 Clean Fuel Rep. Handy Appropriates $14 million for replacing high-emissions 2 Support School Buses and school buses. In House Rules. Infrastructure HB 49 Water Rights Rep. McIff Modifies the procedures for a change application filed on Studying Change Applications water rights held by water companies (shareholder change applications). In House NRAE Committee. HB 55 Income Tax Rep. Poulson Enacts an individual income tax credit for the purchase of 2 Support Credit for Purchase of a transit pass. In House Rules. a Transit Pass HB 57 Animal Shelter Rep. Romero Authorizes an animal shelter to euthanize an animal by use 3 Support Amendments of carbon monoxide in limited circumstances. Passed House 61-8 on 2/5. Passed Senate NRAE, on Senate 2nd Reading Calendar. HB 61 Clean Air Rep. Arent Modifies the process for DEQ to make loans or grants for 2 Support Programs a buyback/exchange incentive program and expands the eligible vehicles and equipment that may replace higher polluting vehicles and equipment. Appropriates $200,000 to DEQ for the grant/loan pool. In House Rules. HB 67 Political Rep. Roberts Authorizes and indemnifies the chief executive officer of a 2 Oppose Subdivision political subdivision or county sheriff to exercise Jurisdiction jurisdiction over federally managed national monuments Amendments and recreation areas. Expands statute passed in 2013 that covered BLM and Forest Service lands to include USFWS and NPS lands. In House NRAE Standing Committee.

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HB 68 Protection of Rep. Pitcher Prohibits an individual from damaging or removing any 2 Support State Park Resources geological site, feature or formation or any property or resource of the Division of Parks and Recreation, provides a method of calculating the value of these resources, authorizes cost recovery, and sets criminal penalties. Held in House NRAE Standing Committee on 2/4, at 2:00. HB 74 Energy Rep. Snow Creates a state income tax credit for the purchase or lease 2 Support Efficient Vehicle Tax of a new electric, plug-in electric hybrid, or CNG vehicle. Credits In House Rules. HB 86 Utah Energy Rep. Barrus Addresses the purposes for which a bond may be issued Studying Infrastructure under the Act. In House Rules. Authority Act Amendments HB 110 Renewable Rep. Powell Authorizes a municipality or county to qualify as a Studying Energy Amendments contract customer of a utility to receive renewable energy. In House Rules. HB 120 Continuing Rep. Ivory Requires the Commission on Federalism to develop a 3 Oppose Education on curriculum and require all state employed attorneys to Federalism attend a seminar on federalism at least once every two years. In House Rules. HB 210 Sales and Use Rep. Briscoe Authorizes local governments to increase the sales tax rate 2 Support Taxes for for public transit. Transportation Amendents HB 233 Public Trust Rep. McIff Limits the scope and use of the public trust doctrine in 1 Oppose Obligations and Water Utah. Clarifies that a water right is a property right that Rights Protections cannot be taken for public use without just compensation.

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In House Rules. HB 225 Primary Law Rep. Ray Enacts language designating the county sheriff as the 3 Studying Enforcement Duties primary law enforcement authority of state law on federal for Sheriffs lands. Passed House NRAE 12-0. On House 3rd Reading Calendar. 1st Substitute HB 261 Rep. Anderegg Allows the owner of farm animals to bury dead animals on 3 Support Domestic Horse his property. Requires Utah State University to conduct a Disposal study on the disposal of dead horses. Passed House NRAE Standing 12-0 on 2/6. HB 271 Motor Vehicle Rep. Perry Makes a second citation for violation of vehicle emissions 3 Neutral Emissions standards a Class B Misdemeanor. In House Rules. HB 288 Division of Rep. Noel Requires the Widlife Board to set the terms and expiration 3 Support Wildlife Amendments dates for hunting and fishing licenses, allowing for multi- year license purchases. In House NRAE Standing Comm. HB 293 Government Rep. McKell Provides that governmental immunity is not waived if an 3 Support Immunity Wildlife injury is incurred due to actions of a wild animal. In Waiver Amendments House Rules. HB 293 Government Rep. McKell Provides that the government is immune from lawsuit for 2 Support Immunity Wildlife injuries that arise from actions by a wild animal. In House Amendments NRAE Standing Committee. HB 298 Water Rep. Moss Exempts small ditch companies from the requirement to 3 Neutral Conveyance Facility have a management plan. In House NRAE Standing Amendments Committee. HCR 4 Recognizing Rep. Brown Honors the 20th anniversary of the State Institutional Trust 3 Neutral the 20th Anniversary of Lands Administration for increasing value of the SITLA Permanent School Fund. In House Rules. HJR 16 Assessment of Rep. Pitcher Urges the Legislature to pass a statute to assess lands put 3 Studying Land Subject to Con- into conservation easements as agriculture lands. In Page 7 of 18 servation Easement House Rules. Trust Lands Rep. Arent No text available yet. Amendments License to Harvest Rep. Pitcher Abandoned. Road Kill Contingency Plan for Rep. Liffert No text yet. Federal Facilities – Long Term Governmental Rep. Ivory No text yet. Immunity for Trust Lands Administration Joint Resolution on Rep. Ivory No text yet. State’s Water Rights Joint Resolution on the Rep. Ivory No text yet. Sovereign Character of PILT State Enforcement of Rep. Nielson No text yet. Federal Constitution Requirement Utah Wilderness Act Rep. Handy No text yet. Joint Resolution on Rep. Handy No text yet. Wilderness Amendments Interstate Compact on Rep. Stratton No text yet. Transfer of Public Lands

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Federal Lands Rep. Noel No text yet. Acquisition Amendments Federal Land Rep. Noel No text yet. Exchange and Sale Amendments Sovereign Lands Rep. McKell No text yet. Management Account Amendments Commission for Rep. Stratton No text yet Stewardship of Public Lands Distribution of Rep. Hutchings No text yet. Revenue from Sale of Public Lands Joint Resolution on Rep. Hutchings No text yet. Federal Lands Sale Revenues Distribution Concurrent Resolution Rep. Noel No text yet. on Transfer of Public Lands Act Concurrent Resolution Rep Noel No text yet. on School and Institu- tional Trust Lands Administration Government Immunity Rep. Ivory No text yet. for Trust Lands Administration

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Amendments to Rep. McKell No text yet. Procedures for Surface Leases State Transportation Rep. Noel No text yet. Plan for Dixie National Forest Natural Resources Rep. McIff No text yet. Amendments Inherent Risk of Rep. Stratton No text yet. Recreational Activities Amendments Off Highway Vehicle Rep. Noel No text yet. Amendments Pipelines and Rep. Handy No text yet. Hazardous Materials Water Reuse Rep. Ivory No text yet. Amendments Canal Safety Rep. Johnny No text yet. Amendments Anderson Air Quality Rep. Redd No text yet. Amendments Joint Resolution Rep. Arent No text yet. Endorsing Tier III Standards for Air Quality Joint Resolution Rep. Briscoe No text yet. (will support the State Implementation Plan on Supporting a Plan to air quality)

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Meet the Clean Air Act’s Air Quality Standards Wood Burning Stove Rep. Arent No text yet. Conversions Wood Burning Rep. Arent No text yet. Amendments Air Quality Revisions Rep. Edwards No text yet. (will allow Utah to set pollution standards more stringent than EPA standards) Emissions Reduction Rep. Kennedy No text yet. Incentive Program Air Emissions Rep. Hemingway No text yet. Amendments Amendments to Air Rep. Briscoe No text yet. Quality Clean Fuel Rep. Handy No text yet. Amendments and Rebates House Resolution on Rep. Johnny No text yet. Clean Burning Anderson Renewable Fuels Joint Resolution Rep. Briscoe No text yet. Supporting State Plan to Meet the Clean Air Act’s Air Quality Standards

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Medical Waste Rep. Edwards No text yet. Incineration Amendments

SB 17 Water and Sen. Dayton Expands the State Engineer’s powers to enforce actions 3 Support Irrigation against violators of laws requiring stream alteration Amendments permits, including ordering repair or restoration of illegally altered streambeds. Requires assignments of unperfected water rights be recorded with the County Recorder. Makes technical changes to the State Engineer’s duties to divide and distribute water. Passed Senate 26-0 on 1/29. In House Rules. SB 26 Air Sen. Jenkins Reauthorizes the Air Conservation Act until July 1, 2019. 3 Support Conservation Act Passed Senate 27-0 on 1/28. In House Rules. Reauthorization SB 99 Natural Gas Sen. Jenkins Requires that 50% of State vehicles used for the transpor- 2 Support State Vehicle tation of passengers are fueled by natural gas no later than Requirements July 1, 2018. In House Rules. First Substitute SB Sen. Davis Makes it a 3rd Degree Felony to own and train game fowl 2 Support 112 Game Fowl to engage in fighting with another game fowl and a Class Fighting Amendments B Misdemeanor to attend a cock fight. Passed Senate Judiciary, Law Enforcement and Criminal Justice Standing Committee 5-1. On Senate 2nd Reading Calendar. SB 114 Canal Safety Sen. Davis Requires a canal owner to assess the level of risk of canal 3 Studying Act failure at least every five years, determine the need for repairs or improvements, and if the canal is “high risk”, prepare a remediation plan. The Division of Water Resources shall keep a list of high risk canals and require repairs and improvements be done. Remediation plans are Page 12 of 18

not subject to GRAMA. Will be heard in Senate NRAE Standing Committee on 2/4 at 2:00. SB 120 Animal Sen. Jenkins Allows non-veterinarian staff of an animal shelter to 3 Support Shelter Vaccine administer rabies vaccines. In Senate Business and Labor Amendments Standing Committee. SB 139 Transportation Sen. Harper Increases registration fees for clean fuel cars. 3 Oppose Funding Revisions SB 164 Environmental Sen. Davis Repeals provisions prohibiting the Division of Air Quality 1 Support Protection from adopting pollution rules that more stringent than the Amendments federal rules. Held in Senate NRAE Standing Committee. SB 165 Trial Hunting Sen. Okerlund Creates a trial hunting license for youth 12 years of age or 3 Support License older, and under certain circumstances, allows a youth to hunt without obtaining a hunter education certificate if accompanied by a qualified adult. Passed Senate NRAE Standing Committee. On Senate 2nd Reading Calendar. SB 166 Energy Sen. Madsen Amends the definition of a renewable energy facility. 3 Studying Amendments Passed Senate 2nd Reading 22-3 on 2/7. On Senate 3rd Reading Calendar. SCR 4 Concurrent Sen. Christensen Supports hunting and outdoor economies, commends 3 Support Resolution on Wildlife efforts to ensure healthy habitats and abundant herds, and Enhancement encourages promotion of Utah outdoor recreation and tourism. Will be heard in Senate NRAE Standing Committee 2/4 at 2:00. SJR 14 Resolution on Sen. Dabakis Urges Congress and the President to protect the Greater 2 Support Protection of Greater Canyonlands region as a natural, undeveloped area for the Canyonlands recreational use and enjoyment of all. In Senate Rules. Environmental Sen. Hinkins No text yet. (Discussion of a draft of the bill during 1 Oppose Defense Fund Interim Study revealed the bill would create a fund to hire

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lawyers, scientists and consultants to defend Utah’s interests in energy development against ESA listings. Joint Resolution on Sen. Van Tassel Abandoned. Water Rights and Ski Resorts Joint Resolution on Sen. Van Tassel No text yet. Grazing Lands Ride-share Program Rep. Weiler No text yet. Tax Incentive Groundwater Quality Sen. Bramble No text yet. Amendments Air Quality Sen. Weiler No text yet (will address Stericyle issue). Amendments Energy Use Sen. Bramble No text yet. Amendments Wildfire Prevention Sen. Vickers No text yet. Amendments Concurrent Resolution Sen. Vickers No text yet. on Comprehensive Statewide Wildland Fire Prevention, Preparedness and Suppression Strategy Tax Incentives to Sen. Adams No text yet. Generate Energy from Waste Agricultural Sen. Okerlund No text yet.

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Environmental Amendments Concurrent Resolution Sen. Hinkins No text yet. Recognizing Canyonlands National Park’s 50th Anniversary Hunting Licenses for Sen. Osmond No text yet. Combat Veterans Invasive Species Sen. Vickers No text yet. Mitgation Amendments Medical Waste Sen. Weiler No text yet. Incineration Prohibition Water Jurisdiction Sen. Dayton No text yet. Amendments Water Rights Sen. Dayton No text yet. Amendments Air Quality Sen. Weiler No text yet. Amendments Air Quality Rules and Sen. Robles No text yet. Penalties Concurrent Resolution Sen. Hinkins No text yet. Concerning Proposed Greenhouse Gas Emission Standards

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IMPORTANT DATES

January 27 First day of session

February 6 Last day to request bills (by noon)

Last day to approve bills for numbering (by noon)

February 28 Last day for legislators to prioritize bills and other programs with fiscal impact

March 6 Last day for the Executive Appropriations Committee to complete all budget decisions necessary to draft the final appropriations bills

March 7 Bonding bill available to legislators by noon and final action taken on it by calendared closing time.

Last day to pass bills with fiscal note of $10,000 or more

March 10 Last day for a motion to reconsider previous actions

Last day to consider bills from own house

March 11 General appropriations bill, supplemental appropriations bill, and school finance bill available to legislators by calendared floor time and final action taken on each bill by calendared closing time

March 13 Second supplemental appropriations bill available to legislators by calendared floor time and final action taken by noon

Last day of session

April 2 Last day governor may sign or veto bills

May 12 Last day a veto-override session may begin Page 16 of 18

May 13 Normal effective date for bills

First day to file bills for the 2014 General Session

Executive Appropriations Committee Natural Resources, Agriculture and Environmental Quality Rep. Ken Ivory [email protected] Appropriations Subcommittee Rep. Mike McKell [email protected] Sen. Lyle Hillyard, Co-Chair [email protected] [email protected] Sen. , Co-Chair [email protected] Rep. [email protected] Rep. Mel Brown, Co-Chair [email protected] [email protected] Rep. John Mathis, Co-Chair [email protected] Rep. Becky Edwards [email protected] Natural Resources, Agriculture and Environmental Quality Appropriations SubcommitteRep. Mike Sen. Jerry Stevenson, Vice Chair [email protected] Rep. Mike McKell, Vice-Chair [email protected] [email protected] Sen. Kevin Van Tassel [email protected] Rep. Larry Wiley [email protected] Rep. , Vice Chair [email protected] [email protected] Rep. Jerry Anderson [email protected]

Sen. Stuart Adams [email protected] [email protected] Rep. Roger Barrus [email protected] Rep. [email protected] Natural Resources, Agriculture and Environmental [email protected] Quality Sen. Jim Dabakis [email protected] Rep. Greg Hughes [email protected] Appropriations Subcommittee [email protected] Sen. [email protected] Rep. [email protected] Sen. David Hinkins,Co-Chair [email protected]@le.utah.gov Rep. [email protected] Rep. Rebecca Chavez-Houck [email protected] Rep.John Mathis, Co-Chair [email protected]@le.utah.gov Rep. Brian Greene [email protected] Rep. [email protected] Rep. Mike McKell, Vice-Chair [email protected]@le.utah.gov Rep. Ken Ivory [email protected] Sen. Luz Robles [email protected] Rep. Jerry Anderson [email protected] [email protected] Rep. Mike Noel [email protected] Sen. Pete Knudson [email protected] Rep. Roger Barrus [email protected]@le.utah.gov Sen. [email protected] Sen. [email protected] Sen. Jim Dabakis [email protected]@le.utah.gov Rep. Lee Perry [email protected] Rep. Becky Lockhart [email protected] Sen. Margaret Dayton [email protected]@utah.gov Rep. Jon Stanard [email protected] Sen. Pat Jones [email protected] Rep. Susan Duckworth [email protected] [email protected] Sen. John Valentine [email protected] Rep. [email protected] Rep. Brian Greene [email protected] [email protected] Sen. Kevin Van Tassel [email protected] Sen. Wayne Niederhauser [email protected] Rep. Ken Ivory [email protected]@le.utah.gov Rep. Larry Wiley [email protected] Sen. Ralph Okerlund [email protected] Rep. Jennifer Seelig [email protected] Rep. Mike Noel [email protected]@utah.gov Sen. Ralph Okerlund [email protected] Rep. Lee Perry [email protected] Senate Natural Resources, Agriculture and Environment Rep. John Cox [email protected] House Natural Resources, Agriculture and Environment Standing Committee Standing Committee Sen. John Valentine [email protected] Sen. Kevin Van Tassel [email protected] Sen. Scott Jenkins, Chair [email protected] Rep. Larry Wiley [email protected]@hotmail.com Rep. Mike Noel, Chair [email protected] Sen. Allen Christensen [email protected] Sen. Ralph Okerlund [email protected] House Natural Resources, Agriculture [email protected] and Environmental Rep. Roger Barrus, [email protected] Sen. Jim Dabakis [email protected] Quality Standing Committee [email protected] Rep. Joel Briscoe [email protected] Sen. Pete Knudson [email protected] Rep. J [email protected] Sen. [email protected] Rep. Mike Noel, Chair [email protected]@le.utah.govtah.gov Rep. Mel Brown [email protected] Sen. David Hinkins [email protected] Rep. , Vice -Chair [email protected]@le.utah.gov Rep. John Mathis [email protected] Rep. Rep. Roger Barrus [email protected]@le.utah.gov Rep. Joel Briscoe [email protected] Rep. [email protected] Page 17 of 18

Rep. [email protected] Rep. Mel Brown [email protected] Rep. John Mathis [email protected] Rep. Ryan Wilcox [email protected] Rep. Kay Christofferson [email protected] Rep. Ken Ivory [email protected] Rep. Mike McKell [email protected] Rep.Merrill Nelson [email protected] Rep. Becky Edwards [email protected] Rep. Steve Handy [email protected] Rep.Susan Duckworth [email protected] Rep.Larry Wiley [email protected]

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