Text of OK SB 943 (2023)

Req. No. 1634 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) SENATE BILL 943 By: Jett AS INTRODUCED An Act relating to students; creating the Oklahoma Parent Empowerment Act for Kids; providing short title; providing legislative intent; defining terms; creating the Oklahoma Parent Empowerment Act for Kids Program; providing for administration; providing method of application; directing publication of application; requiring procedures to approve applications within certain time period; providing for contents of parent agreement; providing certain construction; requiring renewal of OK PEAK Accounts on annual basis; allowing closure of accounts under certain circumstances; requiring notification within certain time period of certain student re-enrolling in certain school; providing for suspension of deposits into account; providing for remittance of unused funds; providing for calculation of State Aid amount; requiring transfer of certain calculated amount on a monthly basis; prohibiting certain provider from sharing, refunding, or rebating an amount with a parent or certain student; prohibiting personal deposits into certain account; prohibiting certain funds from being considered income; providing for accrual of account funds; requiring certain agency to maintain list of certain providers; requiring certain agency to provide certain information to certain parents; requiring notice to be provided to parents of certain children; allowing certain agency to contract with certain firm or organization; allowing withholding of certain percentage of funds to administer program; requiring the establishment of certain payment system; requiring implementation of certain system to share information about education service providers; providing for partial payment to an education service provider; authorizing certain auditing; providing for Req. No. 1634 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the removal of certain parent or student from eligibility under certain circumstances; providing for appeal; allowing referral for certain investigation; allowing for payments to cease to certain providers under certain circumstances; providing for appeal; allowing acceptance of gifts and grants for certain purposes; providing for promulgation of rules; providing process for approving education service providers; directing provision of certain student records in accordance with certain act; providing certain construction; directing certain decrease in state funding upon certain finding of noncompliance; creating cause of action for certain noncompliance; creating the OK PEAK Account Revolving Fund; specifying sources of fund; providing for expenditures; providing purpose of fund; providing for establishment of burden in certain legal proceeding; providing immunity from liability for certain actions; allowing certain parents to intervene in certain legal proceeding; providing for severability; providing for codification; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 28-100 of Title 70, unless there is created a duplication in numbering, reads as follows: A. This act shall be known and may be cited as the “Oklahoma Parent Empowerment Act for Kids”. B. It is the intent of the Legislature that parents, legal guardians, and others with legal authority over children in this state be able to access educational services that meet the needs of their individual children by directing State Aid for which each Req. No. 1634 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 child is eligible to the education provider of their choice. The Legislature affirms that parents and legal guardians are best suited to make decisions to help children in this state reach their full potential and achieve a brighter future. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 28-101 of Title 70, unless there is created a duplication in numbering, reads as follows: A. As used in the Oklahoma Parent Empowerment Act for Kids: 1. “Agency” means the Office of the State Treasurer; 2. “Curriculum” means a complete course of study for a particular content area or grade level; 3. “Oklahoma Parent Empowerment Act for Kids Account” or “OK PEAK Account” means the account in which funds are deposited by the Agency to pay for qualifying education expenses for an OK PEAK student; 4. “Education service provider” means a person, business, public school district, public charter school, magnet school, institution within The Oklahoma State System of Higher Education, or organization that receives payments from a parent directing an OK PEAK Account to provide educational goods and/or services to OK PEAK students; 5. “Eligible student” means: a. a resident of this state who lives in a county with a population of more than ten thousand (10,000) or whose Req. No. 1634 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 parent works in a county with a population of more than ten thousand (10,000) according to the latest Federal Decennial Census, and who is eligible to enroll in a public school in this state, or b. a resident of this state who lives in a county with a population of less than ten thousand (10,000) according to the latest Federal Decennial Census and who is eligible to enroll in a public school in this state that has been determined by a reporting agency to be a trigger district; 6. “OK PEAK student” means an eligible student approved for participation in the OK PEAK Account Program; 7. “Parent” means a biological or adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of an eligible student; 8. “Qualified expense” means the following services provided by an education service provider: a. tuition and/or fees at a private school accredited or in the process of obtaining accreditation by the State Board of Education or another accrediting association approved by the State Board of Education, b. tuition and/or fees for non-public online learning programs, Req. No. 1634 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. tutoring services provided by an individual or a tutoring facility, d. services contracted for and provided by a public school district, public charter school, or magnet school including but not limited to classes and extracurricular activities and programs, e. textbooks, curriculum, or other instructional materials including but not limited to supplemental materials or associated online instruction required by an education service provider, f. computer hardware or other technological devices, educational software, and applications that are used to meet an OK PEAK student’s curriculum needs, g. tuition and/or fees for a curriculum or program, along with related instruments, supplies, accessories, and materials, that provides instruction in drama, music, speech and debate, agriculture, or other similar activities, h. school uniforms, i. fees for nationally standardized assessments including but not limited to assessments used to determine college admission and advanced placement examinations as well as tuition and/or fees for tutoring or preparatory courses for the assessments, Req. No. 1634 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 j. tuition and/or fees for summer education programs and specialized after-school education programs; provided, however, that such expense does not include before- school or after-school childcare, k. tuition, fees, instructional materials, and assessment fees for a curriculum or program offered by a technology center school, l. educational services and therapies including but not limited to occupational, behavioral, physical, speech- language, and audiology therapies, m. tuition and fees for concurrent enrollment at an institution within The Oklahoma State System of Higher Education, n. fees for transportation paid to a fee-for-service provider for the student to travel to and from an education service provider, or o. any other qualified expense approved by the Agency; 9. “Reporting agency” means: a. the parent’s state representative or state senator, b. the board of education for the resident district of the parent, as determined by Section 1-113 of Title 70 of the Oklahoma Statutes, c. the State Board of Education, or Req. No. 1634 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. the county sheriff for the county in which the parent resides; and 10. “Trigger district” means a school district in this state where any of the following concepts or activities have been advocated or tolerated: a. violations of Section 24-157 of Title 70 of the Oklahoma Statutes, b. violations of Section 1-125 of Title 70 of the Oklahoma Statutes, c. violations of Section 27-106 of Title 70 of the Oklahoma Statutes, d. instruction in gender identity and sexual orientation including instruction designed to promote gender confusion, e. possession of books which contain obscene material as defined by Section 1024.1 of Title 21 of the Oklahoma Statutes, f. curriculum which is sexual in nature, except as provided for in Section 11-105.1 of Title 70 of the Oklahoma Statutes, g. the presence of any school employee or volunteer engaged in anthropomorphic behavior commonly referred to as furries, Req. No. 1634 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 h. climate change ideology including, but not limited to, disparaging the oil and natural gas industry or the agriculture industry, i. curriculum promoting social and emotional learning, j. curriculum promoting animal rights activism, k. instruction that disparages the Second Amendment to the United States Constitution, l. ideology that encourages efforts to defund the police, or m. curriculum promoting a Marxist ideology including, but not limited to, violations of Section 1266.4 of Title 21 of the Oklahoma Statutes. B. There is hereby created the Oklahoma Parent Empowerment Act for Kids or OK PEAK Program to be administered by the Agency to provide an OK PEAK Account for qualified expenses to support the education of OK PEAK students in this state. C. 1. To apply for an OK PEAK Account, a parent of an eligible student shall submit an application to the Agency on a form prescribed by the Agency and published on its website. The application may be submitted online or by mail. 2. The Agency shall establish procedures to approve applications within ten (10) business days after receipt. There shall be no deadline for submission of applications. Applications Req. No. 1634 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall be approved if the parent signs an agreement to do all of the following: a. use the OK PEAK Account only for qualified expenses to provide an education for an eligible student in at least the subjects of reading, English language arts, mathematics, science, and social studies, b. not enroll the eligible student as a full-time student in a public school district, public charter school, or magnet school after acceptance of an OK PEAK Account, c. comply with rules and requirements of the OK PEAK Account Program established by the Agency, and d. not accept a scholarship from the Lindsey Nicole Henry Scholarships for Students with Disabilities Program created by Section 13-101.2 of Title 70 of the Oklahoma Statutes while participating in the OK PEAK Account Program. 3. No student shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the OK PEAK Account Program. D. Nothing in this act shall be construed to require that an OK PEAK student be enrolled full time or part time in a private school or a nonpublic online school. Req. No. 1634 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E. The Agency shall renew OK PEAK Accounts on an annual basis. An account may be closed if: 1. The parent of an OK PEAK student re-enrolls the student as a full-time student in a public school, as provided for by subsection F of this section; 2. The Agency closes the account due to intentional misuse as provided for in Section 3 of this act; or 3. The OK PEAK student graduates from high school or reaches the age of twenty-one (21), whichever comes first. F. The parent of an OK PEAK student shall notify the Agency within five (5) days of the student re-enrolling in a public school district, public charter school, or magnet school. Upon receipt of the notification required by this subsection, the Agency shall suspend deposits into the student’s OK PEAK Account. Any unused funds remaining in the OK PEAK Account at the end of the applicable calendar year shall be remitted to the General Revenue Fund. G. 1. For each eligible student approved to participate in the OK PEAK Account Program, the Agency shall notify the State Department of Education and request calculation of the amount of State Aid for which the student is eligible. Within ten (10) business days of receiving the request, the State Department of Education shall notify the Agency of the calculated amount, which shall be equivalent to the total State Aid factors including pupil category weights for the applicable school year multiplied by the Req. No. 1634 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 grade weight generated by the student for the applicable school year. 2. The State Department of Education on a monthly basis shall transfer to the Agency for deposit into the OK PEAK Account Revolving Fund created pursuant to Section 5 of this act an amount equal to one-twelfth (1/12) of the total amount necessary to fund all OK PEAK Accounts requested for the applicable school year. Within ten (10) business days of a deposit required by this paragraph, the Office of the State Treasurer shall make funds available in OK PEAK Accounts. 3. Prior to the monthly deposit required by this subsection, the Agency shall notify the State Department of Education if changes to the number of participating OK PEAK students will result in a modification of the monthly deposit amount. H. An education service provider shall not share, refund, or rebate any amount of an OK PEAK Account with the parent or OK PEAK student. A refund or rebate for goods or services purchased with an OK PEAK Account shall be credited to the OK PEAK Account. I. Parents shall be prohibited from making personal deposits into an OK PEAK Account. However, no parent shall be restricted from making payments for educational goods and services not covered by funds in a student’s OK PEAK Account. Req. No. 1634 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 J. Monies received pursuant to the OK PEAK Account Program shall not constitute taxable income to the parent or OK PEAK student. K. Funds deposited into an OK PEAK Account but unused shall accrue from month to month and from year to year unless the account is closed pursuant to the provisions of subsection E of this section. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 28-102 of Title 70, unless there is created a duplication in numbering, reads as follows: A. To implement the provisions of the Oklahoma Parent Empowerment Act for Kids, the Agency shall maintain and make publicly available on its website an updated list of education service providers. B. The Agency shall provide parents of OK PEAK students a written explanation of qualified expenses for which an OK PEAK Account may be used, the responsibilities of parents, the duties of the Agency, and the role of any private financial management firm or other private organization with which the Agency may contract to administer the Oklahoma Parent Empowerment Act for Kids. C. The Agency shall provide parents of OK PEAK students with disabilities notice that participation in the OK PEAK Account Program shall have the same effect as a parental revocation of consent pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of Req. No. 1634 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Individuals with Disabilities Education Act (IDEA) and an explanation of the rights parents of OK PEAK students with disabilities have under IDEA and any applicable state laws and regulations. D. The Agency may contract with a private financial management firm or other private organization to administer in full or in part the OK PEAK Account Program. E. The Agency may withhold funding from deposits made pursuant to subsection G of Section 2 of this act to administer the OK PEAK Account Program in an amount not to exceed five percent (5%) annually for the first two years after the effective date of this act and three percent (3%) annually thereafter. F. The Agency shall establish a commercially viable, cost- effective, and parent-friendly system of payment for services from OK PEAK Accounts to education service providers by electronic or online funds transfer. 1. The system of payment established pursuant to this subsection shall provide maximum flexibility for parents by facilitating direct payments to education service providers whenever possible, provide a parent-friendly system for requests for pre- approval of qualified expenses, and timely reimbursement for qualified expenses. 2. The Agency may contract with private entities to develop the payment system. Req. No. 1634 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. The Agency shall implement a commercially viable, cost- effective, and parent-friendly system for parents to publicly rate, review, and share information about education service providers. H. If an education service provider requires partial payment of tuition or fees to reserve a place for an OK PEAK student prior to the start of the school year, the partial payment may be paid by the Agency prior to the start of the school year in which the OK PEAK Account is opened and deducted in equal amounts from monthly deposits into OK PEAK Accounts. If the parent of an OK PEAK student chooses not to use the education service provider, the partial reservation payment shall be remitted to the Agency within fifteen (15) business days of notification of the decision and credited to the OK PEAK student’s OK PEAK Account. I. The Agency shall have the authority to conduct an audit or contract for the auditing of OK PEAK Accounts and shall conduct random audits of ten percent (10%) of OK PEAK Accounts on an annual basis. J. The Agency shall have the authority to remove any parent or OK PEAK student from eligibility for an OK PEAK Account in the event of intentional and substantial misuse of OK PEAK Account funds. 1. The Agency shall create procedures to ensure a fair process to determine whether an intentional and substantial misuse of OK PEAK Account funds has occurred. If misuse by a parent is established but the OK PEAK student is determined to be free from Req. No. 1634 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 personal misconduct, he or she shall be eligible for an OK PEAK Account in the future if placed with a different parent, guardian, or other person with legal authority to act on behalf of the student. 2. The Agency shall have the authority to refer suspected cases of intentional and substantial misuse of OK PEAK Account funds to the Attorney General for investigation if evidence of fraudulent use of funds is obtained. 3. A parent or OK PEAK student may, pursuant to the Administrative Procedures Act, appeal the Agency’s decision to remove the parent or student from eligibility for an OK PEAK Account. K. The Agency may cease payments to an education service provider from OK PEAK Accounts if the Agency determines the education service provider has: 1. Intentionally and substantially misrepresented information or failed to refund any overpayments in a timely manner; or 2. Routinely failed to provide OK PEAK students with promised educational goods or services. L. The Agency shall create procedures to ensure a fair process to determine whether an education service provider should be prohibited from receiving payments from OK PEAK Accounts. 1. If the Agency prohibits an education service provider from receiving payments pursuant to this subsection, the Agency shall Req. No. 1634 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 notify parents and OK PEAK students of its decision within ten (10) days. 2. Education service providers may, pursuant to the Administrative Procedures Act, appeal the Agency’s decision to prohibit them from receiving OK PEAK Account payments. M. The Agency may accept gifts and grants from any source to support administration of the OK PEAK Account Program, to inform the public about the OK PEAK Account Program, and to fund additional OK PEAK Accounts. N. The Agency may promulgate rules to implement the provisions of this act, which shall include but not be limited to: 1. Establishing or contracting for the establishment of an online anonymous fraud reporting service; 2. Establishing an anonymous telephone hotline for fraud reporting; 3. Requiring a surety bond for education service providers receiving more than One Hundred Thousand Dollars ($100,000.00) in OK PEAK Account funds; and 4. Refunding payments from education service providers back to OK PEAK Accounts. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 28-103 of Title 70, unless there is created a duplication in numbering, reads as follows: Req. No. 1634 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. The Agency may approve education service providers on its own initiative, at the request of parents, or at the request of a prospective education service provider. B. A prospective education service provider seeking to participate in the OK PEAK Account Program shall: 1. Submit notice to the Agency that it wishes to participate and receive OK PEAK Account funds designated by parents for payment of educational goods and services; and 2. Agree not to refund, rebate, or share OK PEAK Account funds with parents or OK PEAK students in any manner, except that funds may be remitted or refunded to an OK PEAK Account. C. A public school district, public charter school, or magnet school in which an OK PEAK student was enrolled shall provide a private school that is an education service provider and that has an OK PEAK student enrolled with a complete copy of the OK PEAK student’s records within five (5) business days of receiving the request for records. The provision of records pursuant to this subsection shall be in accordance with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). D. Nothing in this act shall limit the independence or autonomy of an education service provider or make the actions of an education service provider the actions of state government. Education service providers shall be given maximum freedom to provide for the educational needs of OK PEAK students without governmental control. Req. No. 1634 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. An education service provider that accepts payment from an OK PEAK Account as directed by parents pursuant to this act shall not be considered an agent of the state or federal government. 2. An education service provider shall not be required to alter its creed, practices, admissions policy, or curriculum to accept payments as directed by parents from an OK PEAK Account. E. Nothing in this act shall be construed to expand the regulatory authority of the state, its officers, or any public school to impose any additional regulation of education service providers beyond those necessary to enforce the requirements of the OK PEAK Account Program. F. Upon a finding of noncompliance with the provisions of subsections D and E of this section by the Attorney General, the Agency shall receive a five percent (5%) reduction in state funding for the fiscal year following the year of noncompliance. G. A parent of an OK PEAK student shall have a cause of action against the Agency for noncompliance with the provisions of subsections D and E of this section. SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 28-104 of Title 70, unless there is created a duplication in numbering, reads as follows: There is hereby created in the State Treasury a revolving fund for the Office of the State Treasurer to be designated the “OK PEAK Account Revolving Fund”. The fund shall be a continuing fund, not Req. No. 1634 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 subject to fiscal year limitations, and shall consist of all monies received by the Office of the State Treasurer from appropriations, gifts, grants, donations, and bequests. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Office of the State Treasurer for the purpose of implementing the provisions of the Oklahoma Parent Empowerment Act for Kids. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 28-105 of Title 70, unless there is created a duplication in numbering, reads as follows: A. In any legal proceeding challenging the application of the Oklahoma Parent Empowerment Act for Kids to an education service provider, the state bears the burden of establishing both that its action is necessary and that it does not impose any undue burden on the education service provider. B. No liability shall arise on the part of the Agency, the state, a public school district, a public charter school, or a magnet school based on the award of or use of an OK PEAK Account pursuant to this act. C. If any part of the Oklahoma Parent Empowerment Act for Kids is challenged in a state court as violating either the state or Req. No. 1634 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 federal constitutions, parents of eligible students and OK PEAK students shall be permitted to intervene for the purposes of defending the OK PEAK Account Program’s constitutionality. However, for the purposes of judicial administration, a court may require that all parents of eligible students and OK PEAK students file a joint brief so long as they are not required to join any brief filed on behalf of any named state defendant. D. The provisions of the Oklahoma Parent Empowerment Act for Kids shall be severable, and if any provision of the Oklahoma Parent Empowerment Act for Kids or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of this Act, which can be given effect without the invalid provision or application. SECTION 7. This act shall become effective July 1, 2023. SECTION 8. It being immediately necessary for the preservation of the public peace, health, or 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. 59-1-1634 EB 1/19/2023 11:11:50 AM