S 468 Session 112 (1997-1998)
S 0468 General Bill, By Lander and Giese
A BILL TO AMEND CHAPTER 5, TITLE 10, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE BOARD FOR BARRIER FREE DESIGN AND CONSTRUCTION
OF PUBLIC BUILDINGS FOR ACCESS BY HANDICAPPED PERSONS, SO AS TO INCREASE THE
BOARD MEMBERS FROM SIX TO NINE AND REVISE MEMBERSHIP, TO REVISE DEFINITIONS,
TO CLARIFY DUTIES OF THE BOARD, TO ADOPT THE LATEST NATIONAL TECHNICAL
STANDARDS, TO ESTABLISH CRITERIA FOR ADMINISTRATION OF THE CHAPTER AND TO
CLARIFY ENFORCEMENT RESPONSIBILITIES.
03/04/97 Senate Introduced and read first time SJ-11
03/04/97 Senate Referred to Committee on Finance SJ-11
04/02/97 Senate Recalled from Committee on Finance SJ-23
04/02/97 Senate Committed to Committee on Labor, Commerce and
Industry SJ-23
05/28/97 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-12
05/29/97 Senate Amended SJ-77
05/29/97 Senate Read second time SJ-77
06/03/97 Senate Read third time and sent to House SJ-136
06/03/97 House Introduced and read first time HJ-149
06/03/97 House Referred to Committee on Labor, Commerce and
Industry HJ-149
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
May 29, 1997
S. 468
Introduced by Senators Lander and Giese
S. Printed 5/29/97--S.
Read the first time March 4, 1997.
A BILL
TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE BOARD
FOR BARRIER FREE DESIGN AND CONSTRUCTION OF
PUBLIC BUILDINGS FOR ACCESS BY HANDICAPPED
PERSONS, SO AS TO INCREASE THE BOARD MEMBERS
FROM SIX TO NINE AND REVISE MEMBERSHIP, TO
REVISE DEFINITIONS, TO CLARIFY DUTIES OF THE
BOARD, TO ADOPT THE LATEST NATIONAL
TECHNICAL STANDARDS, TO ESTABLISH CRITERIA
FOR ADMINISTRATION OF THE CHAPTER AND TO
CLARIFY ENFORCEMENT RESPONSIBILITIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 5, Title 10 of the 1976 Code is
amended to read:
"CHAPTER 5
Construction of Public Buildings for Access by
Persons with Disabilities.
Section 10-5-210. The General Assembly hereby declares
that it shall henceforth be the policy of this State to encourage
and enable persons who are physically handicapped to achieve
maximum personal independence; to become gainfully
employed; to use and enjoy all governmental buildings and
facilities and all public buildings and facilities; and to
otherwise participate fully in all aspects of society. The General
Assembly resolves to enact legislation necessary to implement
this policy and the purpose of this article is to begin this
implementation.
Section 10-5-220. As used in this article:
(1) "Governmental buildings" shall include all
buildings, structures, streets and sidewalks and access thereto
used by the public or in which physically handicapped persons
may be employed that are constructed, purchased, leased or
rented in whole or in part by use of State, county or municipal
funds or the funds of any political subdivision of the State; and,
to the extent not required otherwise by Federal law or
regulations or not beyond the power of the State to regulate, all
buildings and structures used by the public which are
constructed, purchased, leased or rented in whole or in part by
use of Federal funds.
(2) "Public buildings" shall include all
buildings, structures, streets and sidewalks and access thereto
used by the public or in which physically handicapped persons
may be employed that are constructed, purchased, leased or
rented by the use of private funds, including rental apartment
complexes of twenty units or more and temporary lodging
facilities of twenty units or more, except that the provisions of
this article shall apply to only five percent of those units or a
minimum of one unit, whichever is the greater, and provided,
further, that the provisions of this article shall not apply to a
private residence.
(3) "Facilities" shall include, but are not
limited to sidewalks, curbings and entrances giving access to
governmental buildings and public buildings and
accommodations in those buildings available for use by the
public or employees, including bathroom facilities, toilet stalls,
dining areas, drinking fountains, phone booths and lodging
rooms or quarters.
(4) "Architectural barriers" shall include
physical design features that restrict access or full use of
government buildings, public buildings and their facilities by
the aged, disabled or physically handicapped.
(5) "Renovation" means a construction
project where at least thirty-five percent of the building or
facility is changed.
Section 10-5-230. There is created the South Carolina
Board for Barrier-Free Design which must be composed of six
members to be appointed by the Governor for terms of four
years and until their successors are appointed and qualify. Not
less than two appointed members of the board must be
physically handicapped who ambulate by use of wheelchairs
and one appointed member must be a licensed architect.
Vacancies on the board must be filled by appointment in the
same manner as provided for the original appointment for the
remainder of the unexpired term. The board shall also have the
following three ex officio members:
(1) the Chairman of the Building Code Council;
(2) the Director of the State Department of Vocational
Rehabilitation; and
(3) the State Engineer employed by the Budget and Control
Board.
The ex officio members may appoint proxies for their
respective offices. The ex officio members have all the powers,
privileges, and duties of the appointed members.
Section 10-5-240. The board shall elect a chairman
and vice-chairman to serve for terms of two years each and
until their successors are elected and qualify. The board shall
adopt rules for the purpose of governing its internal
proceedings. The board shall meet at least once annually and
at those other times as may be designated by the chairman but
in no event more than twice a month. Five members of the
board constitute a quorum at all meetings. All members of the
board must be paid the usual per diem, mileage, and subsistence
as provided by law for members of boards, committees, and
commissions for days on which they are on official business of
the board, to be paid from the general fund of the State.
Section 10-5-250. The board shall:
(1) Establish, publish and enforce minimum standards and
specifications necessary to eliminate architectural barriers to
entry to and use of governmental buildings, public buildings,
and their facilities by the aged, disabled or physically
handicapped. In this connection the board shall adopt the latest
revisions of the Standard Building Code and the American
National Standards Institute specifications A117.1 with such
modifications as the board shall deem appropriate.
(2) Promulgate rules and regulations to enforce the
provisions of this act and the aforesaid standards.
Section 10-5-260. After January 1, 1975, no person
may construct or permit the construction of a governmental
building or a public building or any facility of either unless the
building and facility is designed in compliance with the
standards and regulations adopted pursuant to this article.
After January 1, 1975, no person may renovate or permit the
renovation of a governmental building or a public building or
any facility of either unless the portions or areas being
renovated are designed in compliance with the standards and
specifications established pursuant to this article.
It is the responsibility of the owner or the occupant of any
property which contains structural or building elements or
components required to be in compliance with this article, to
continuously maintain these elements and components in a
condition that is safe and usable by handicapped persons at all
times.
Section 10-5-270. The board may waive or modify
any part of the standards and the specifications established
pursuant to this article upon request, on a case by case basis, if
the board determines:
(a) the purpose of this article can be fulfilled by an
acceptable alternative to the particular standard;
(b) the incremental construction cost to conform to the
standards exceeds seven percent of the total construction or
renovation cost;
occupancy and employment practices would generally
exclude the use of a structure by handicapped persons due to
hazards and employment requirements;
(d) usage or size of structures would have minimal impact
in facilitating the handicapped; or
(e) the building involved is identified or classified by
national or state jurisdictions as an `historic building' in which
case no more than one accessible entrance may be required
except that no accessible entrance may be required for so-called
museum houses.
In areas of the State where building codes have been adopted
and Building Boards of Adjustments and Appeals established
to review construction related cases, these boards may carry out
their normal function concerning code requirements for
facilities for the handicapped. These Building Boards of
Adjustments and Appeals shall consist of at least five members,
including one architect, one engineer, one member at large
from the building industry, one building contractor, and one
member at large from the public. Should the Board for
Barrier-Free Design determine that barrier-free design
regulations are not being adequately enforced in any
jurisdiction the board may withdraw the authority of that
jurisdiction to make waivers or modifications and require that
requests for these exceptions must thereafter be referred to the
Board for Barrier-Free Design.
In areas of the State where there is no Building Board of
Adjustments and Appeals, constituted as required by this
section, all requests for waiver or modification must be
submitted to the Board for Barrier-Free Design. However, the
board may delegate authority to grant waiver of standards and
specifications to local authorities, state officials, and municipal
or county boards as it considers necessary and proper. Appeals
from the decisions of the authorities listed above may be made
to the Board for Barrier-Free Design.
If the Board for Barrier-Free Design denies a request for
waiver or modification of the standards and specifications it
shall notify the person or governmental entity requesting the
waiver. Board action which denies a waiver or modification
application may be appealed to an Administrative Law Judge
as provided under Article 5 of Chapter 23 of Title 1.
Section 10-5-271. The board may make exceptions to the
provisions of this article for certain classes of buildings and
facilities if the board determines that such action is necessary
and proper and is based on one or more of the bases for
granting waivers set forth in Section 10-5-270.
Section 10-5-272. Notwithstanding any other provision of
law, if the incremental construction cost to conform a building
to the standards established pursuant to this article exceeds
seven percent of the total estimated construction or renovation
costs, as certified in writing by the architect or person in charge
of construction, the provisions of this article shall not apply to
the construction or renovation of that building on the floors
above grade and shall not apply so as to require the expenditure
of more than seven percent of the total construction or
renovation cost on floors of grade level.
Section 10-5-273. The standards established pursuant to this
article do not apply to the floors above grade of any building
where such building does not exceed five thousand square feet
in area for each floor, does provide accessibility at grade floor
levels, and does not provide elevator service.
Section 10-5-280. The international symbol of access to the
physically handicapped shall be permanently displayed at the
entrance of buildings and facilities that are in compliance with
the standards established pursuant to this article.
Section 10-5-290. Any person who is injured, deprived of
employment, denied access to public buildings or facilities, or
is otherwise deprived of his rights as a citizen as declared in the
statement of state policy set forth in Section 10-5-210 may
enforce his rights by injunction and recover damages in a
proper case in the court of common pleas when his action is
based on a violation of regulations promulgated by the board.
Section 10-5-300. The enforcement of the provisions of this
article, including investigations, must be by the building
official of counties and municipalities which have properly
adopted building codes in accordance with Chapter 9, Title 6.
Counties and municipalities may establish regional agreements
with other political subdivisions of the State to provide the
services required of the building official and to enforce the
provisions of this chapter. If a county or municipality does not
have properly adopted building codes, then the Chairman of the
Building Code Council shall enforce the provisions of this
article in that county or municipality.
Section 10-5-310. Any person charged with construction,
renovation, erecting, remodeling or maintenance of the
structural or building elements or components of any
governmental or public building who fails to comply with the
provisions of this article after being notified to do so by the
appropriate inspector as enumerated in Section 10-5-300 is
guilty of a misdemeanor and, upon conviction, must be fined
not more than two hundred dollars or imprisoned for not more
than thirty days. Each day the violation exists constitutes a
separate offense.
Section 10-5-320. The board or the persons empowered by
Section 10-5-300 to enforce the provisions of this article shall
notify any owner of property in violation of this article to
comply with its provisions and make the necessary changes or
corrections within a reasonable time. In the event of
noncompliance after a reasonable time, the board or the persons
empowered by Section 10-5-300 to enforce the provisions of
this article shall bring suit before an Administrative Law Judge
as provided under Article 5 of Chapter 23 of Title 1 to enjoin
further construction of the building or facility or to enjoin the
use of the building or facility until it is in compliance with the
standards and specifications established pursuant to this article.
Section 10-5-330. A. Agencies of this State shall encourage,
by example, an environment that is barrier free to the
handicapped.
B. After January 1, 1984, all meetings and conferences, in
which participation by the public is invited or desirable, of any
agency of this State must be held in a place and manner that is
accessible to handicapped citizens, including those who are
handicapped in vision, hearing, or mobility, unless there are
compelling reasons otherwise such as the lack of any such
available meeting place.
C. The South Carolina Board for Barrier Free Design must
establish and distribute minimum guidelines for determining
the accessibility of meeting places and must provide assistance
to agencies for the purpose of complying with this article.
Section 10-5-5. Unless otherwise provided in this chapter,
Article 1, Chapter 1, Title 40 applies to the regulation of the
Board for Barrier Free Design; however, if there is a conflict
between this chapter and Article 1, Chapter 1, Title 40, the
provisions of this chapter control.
Section 10-5-10. The General Assembly declares that the
policy of this State is to encourage and enable persons with
disabilities to achieve maximum personal independence; to
become gainfully employed; to use and enjoy governmental
and public buildings and facilities; and to participate fully in all
aspects of society.
Section 10-5-20. As used in this chapter:
(1) 'Architectural barriers' includes physical design
features that restrict access or full use of governmental
buildings, public buildings, and their facilities by the aged or
disabled.
(2) 'Board' means the South Carolina Board for
Barrier Free Design as established by this chapter.
(3) 'Common area' means all interior building space and
exterior building site space utilized by the general public.
Common areas include, but are not limited to, parking areas,
sidewalks, recreational areas, lobbies, restaurants, lounges,
public restrooms, shops, meeting rooms, and banquet facilities.
(4) 'Facilities' includes, but is not limited to, sidewalks,
curbing, and entrances giving access to governmental buildings
and public buildings and accommodations in those buildings
available for use by the public or employees, including
bathroom facilities, toilet stalls, dining areas, drinking
fountains, phone booths, and lodging rooms or quarters.
(5) 'Governmental buildings' includes all buildings,
structures, streets, and sidewalks and access to them used by
the public or in which persons with disabilities may be
employed that are constructed, purchased, leased, or rented in
whole or in part by use of state, county, or municipal funds or
the funds of a political subdivision of the State; and, to the
extent not required by federal law or regulation or not beyond
the power of the State to regulate, all buildings and structures
used by the public which are constructed, purchased, leased, or
rented in whole or in part by use of federal funds.
(6) 'Public buildings' includes all buildings, structures,
streets, and sidewalks and access to them used by the public or
in which persons with disabilities may be employed that are
constructed, purchased, leased, or rented by the use of private
funds, including rental apartment complexes of twenty units or
more and temporary lodging facilities of twenty units or more,
except that this chapter applies to only five percent of other
units, whichever is the greater, and this chapter does not apply
to a private residence.
(7) 'Renovation' means a construction project where at
least thirty-five percent of the building or facility is
changed.
Section 10-5-30. There is created the South Carolina
Board for Barrier Free Design which is composed of nine
members, six to be appointed by the Governor, with the advice
and consent of the Senate, for terms of four years and until their
successors are appointed and qualify. No fewer than two
appointed members of the board must have mobility
impairments and one appointed member must be a licensed
architect. Vacancies on the board must be filled in the same
manner as the original appointment for the remainder of the
unexpired term. In addition to the appointed members, these
members shall serve ex officio on the board:
(1) the Director of the Department of Labor, Licensing and
Regulation;
(2) the Director of the State Department of Vocational
Rehabilitation; and
(3) the State Engineer employed by the Budget and
Control Board.
The ex officio members may appoint proxies for their
respective offices. The ex officio members and their proxies
have all the powers, privileges, and duties of the appointed
members.
Section 10-5-40. The board shall elect a chairman and
vice-chairman to serve for terms of two years and until their
successors are appointed and qualify. The board may adopt
rules for the purpose of governing its internal proceedings. The
board shall meet at least once annually and at those other times
as may be designated by the chairman, but in no event more
than twice a month. Five members of the board constitute a
quorum. All members of the board must be paid the usual per
diem, mileage, and subsistence as provided by law for members
of boards, committees, and commissions for days on which they
are on official business of the board, to be paid from the general
fund of the State.
Section 10-5-50. The requirements for accessibility
for people with disabilities contained within the adopted edition
of the Standard Building Code, and as it may be amended, as
published by the Southern Building Code Congress
International, Incorporated, or any successor organization and
the American National Standards Institute (ANSI) document
A117.1, are adopted as the minimum standards for compliance
with this chapter. The adopted editions of the Standard
Building Code and ANSI A117.1 mean those editions adopted
by the board and published in the State Register in accordance
with Article 1, Chapter 23 of the Administrative Procedures
Act.
Section 10-5-60. After January 1, 1975, no person
may construct or permit the construction of a governmental
building or a public building or any facility of either unless the
building or facility is designed in compliance with the standards
and regulations adopted pursuant to this chapter.
After January 1, 1975, no person may renovate or permit the
renovation of a governmental building or a public building or
any facility of either unless the portions or areas being
renovated are designed in compliance with the standards and
specifications established pursuant to this chapter.
The owner or the occupant of any property which contains
structural or building elements or components shall comply
with this chapter to continuously maintain these elements and
components in a condition that is safe and usable by persons
with disabilities at all times.
Section 10-5-70. The board must be administered by the
Department of Labor, Licensing and Regulation which shall
provide administrative support services including, but not
limited to, office space, clerical assistance, and other facilities
as may be required by the board to perform its prescribed
functions.
Section 10-5-80. The board may promulgate regulations as it
considers necessary to carry out the provisions of this chapter.
Section 10-5-90. (A) The enforcement of the
provisions of this chapter, including investigations, must be by
the building officials of counties and municipalities which have
adopted and enforce building codes in accordance with
Chapter 9, Title 6. Counties and municipalities may establish
regional agreements with other political subdivisions of the
State to provide the services required of the building official
and to enforce the provisions of this chapter. In jurisdictions
where the board has not delegated its authority, the Department
of Labor, Licensing and Regulation shall enforce the provisions
of this chapter in that county or municipality.
(B) The board or the person empowered by the board
pursuant to Section 10-5-300 to enforce the provisions of this
chapter shall notify an owner of property in violation of this
chapter to comply with its provisions and make the necessary
changes or corrections within a reasonable time. In the event
of noncompliance after a reasonable time, the board or the
persons empowered by Section 10-5-300 to enforce the
provisions of this chapter shall bring an action before an
administrative law judge as provided under Article 5, Chapter
23, Title 1 to enjoin further construction or use of the building
or facility until it is in compliance with this chapter.
Section 10-5-100. (A) No person may construct or alter or
permit the construction of a governmental building or a public
building or any facility of either unless the construction or areas
being altered are designed in compliance with the standards and
requirements adopted pursuant to this chapter.
(B) If the occupancy, as defined in the Standard Building
Code, of an existing building is changed, that building must be
made to conform to the requirements of this chapter for the new
occupancy. If the occupancy of a portion of an existing
building is changed, only the portion that is changed must be
required to comply.
(C) Residential rental units shall include, but are not limited
to, apartments, hotels, motels, dormitories, and time shares
intended to be operated and used as hotels or motels. Buildings
containing residential rental units shall provide accessibility to
all common areas and living units as follows:
number of living
units in project required accessible living units
1 - 5 0
6 - 19 1
20 or more 5%
Fractions of one-half or more must be counted as a whole
unit.
(D) It is the responsibility of the owner or the occupant of
property which contains structural or building elements or
components required to be in compliance with this chapter,
continuously to maintain these elements and components in a
condition that is, at all times, safe and usable by persons with
disabilities.
Section 10-5-110. (A) All plans for facilities to be
constructed or altered must be reviewed and approved for
compliance with this chapter by one of the following officials:
(1) local building officials, appointed by a municipal or
county jurisdiction; or
(2) Assistant Deputy Director for Building Codes and
Related Services, Department of Labor, Licensing and
Regulation.
(B) The board may designate state and local officials as
special review agents to review facilities and their plans for
compliance with this chapter. All facility plans listed in the
following categories must be submitted to the designated
special review agent for approval.
(1) State owned or leased facilities: State Engineer, Office
of General Services, State Budget and Control Board;
(2) Elementary and secondary public schools: Director,
Office of School Planning and Building, State Department of
Education;
(3) Health care facilities: Director, Bureau of Health
Facilities Construction, Licensing and Certification, State
Department of Health and Environmental Control;
(4) All buildings not covered by subsections (A), (B), or
(C) in all areas of the State where local building officials are
not employed: Assistant Deputy Director, Building Codes and
Related Services, Department of Labor, Licensing and
Regulation.
(C) Plans for all construction or alterations affected by this
chapter must be submitted to the appropriate official by the
project owner, architect, or contractor for preconstruction
review and approval. Each submittal shall consist of one set of
project drawings and specifications, project name or
description, street address or location, and the owner's name
and address.
(D) If conflicts exist between this chapter and the Standard
Building Code, ANSI A117.1, or local ordinances, this chapter
controls.
Section 10-5-120. All meetings and conferences of an
agency in this State, in which participation by the public is
invited or desirable, must be held in a place and manner that is
accessible to persons with disabilities.
Section 10-5-130. The international symbol of access for
persons with disabilities must be permanently displayed at the
entrance of buildings and facilities that are in compliance with
the standards established pursuant to this chapter.
Section 10-5-140. (A) The board may waive or modify any
part of the standards and the specifications established pursuant
to this chapter upon request, on a case by case basis, if the
board determines that:
(1) the purpose of this chapter can be fulfilled by an
acceptable alternative to the particular standard;
(2) occupancy and employment practices would generally
exclude the use of a structure by persons with disabilities due
to hazards and employment requirements;
(3) usage or size of structures would have minimal impact
in facilitating persons with disabilities; or
(4) the building involved is identified or classified by
national or state jurisdictions as a 'historic building' in which
case no more than one accessible entrance may be required
except that no accessible entrance may be required for museum
houses.
(B) In jurisdictions of the State where building codes have
been adopted and building boards of adjustments and appeals
have been established to review construction related issues,
those boards may carry out their normal functions concerning
code requirements for facilities for the disabled. These
building boards of adjustments and appeals shall consist of at
least five members, including one architect, one engineer, one
member at large from the building industry, one building
contractor, and one member at large from the public. If the
Board for Barrier Free Design determines that barrier free
design regulations are not being adequately enforced in any
jurisdiction, the board may withdraw the authority of that
jurisdiction to make waivers or modifications and require
requests to be referred to the Board for Barrier Free Design.
(C) In jurisdictions of the State where there are no building
boards of adjustments and appeals, constituted as required by
this section, all requests for waiver or modification must be
submitted to the Board for Barrier Free Design. However, the
board may delegate authority to grant waiver of standards and
specifications to local authorities, state officials, and municipal
or county boards as it considers necessary and proper. Appeals
from the decisions of the authorities may be made to the Board
for Barrier Free Design.
(D) If the Board for Barrier Free Design denies a request for
waiver or modification of the standards and specifications, it
shall notify the person or governmental entity requesting the
waiver. Board action which denies a waiver or modification
application may be appealed to an administrative law judge as
provided under Article 5, Chapter 23, Title 1.
Section 10-5-150. The board may make exceptions to the
provisions of this chapter for certain classes of buildings and
facilities if the board determines that the action is necessary and
proper and is based on one or more of the bases for granting
waivers set forth in Section 10-5-140.
Section 10-5-160. A person who is injured, deprived of
employment, denied access to public buildings or facilities, or
otherwise deprived of his rights as a citizen, as declared in the
statement of state policy set forth in Section 10-5-10, may
enforce his rights by injunction and recover damages in a
proper case in the court of common pleas when the action is
based on a violation of this chapter or regulations promulgated
by the board.
Section 10-5-180. A person charged with constructing,
renovating, erecting, remodeling, or maintaining the structural
or building elements or components of a governmental or
public building who fails to comply with the provisions of this
chapter after being notified to do so by the appropriate
inspector as enumerated in Section 10-5-110 is guilty of a
misdemeanor and, upon conviction, must be fined not more
than two hundred dollars or imprisoned for not more than thirty
days. Each day the violation exists constitutes a separate
offense.
Section 10-5-185. The standards established pursuant to this
chapter do not apply to the floors above grade of any building
if the building does not exceed five thousand square feet in area
for each floor, does provide accessibility at grade floor levels,
and does not provide elevator service.
Section 10-5-190. This chapter does not apply to one- and
two- family dwellings or to condominiums, townhouses, and
other residential buildings or units to be offered for sale.
Section 10-5-195. Notwithstanding any other provision
of law, if the incremental construction cost to conform a
building to the standards established pursuant to this chapter
exceeds seven percent of the total estimated construction or
renovation costs, as certified in writing by the architect or
person in charge of construction, the provisions of this chapter
do not apply to the construction or renovation of that building
on the floors above grade and do not apply so as to require the
expenditure of more than seven percent of the total construction
or renovation costs on floors of grade level.
Section 10-5-200. If a provision of this chapter
or the application of a provision to a person or circumstance is
held invalid, the invalidity does not affect other provisions or
applications of this chapter which can be given effect without
the invalid provision or application, and to this end the
provisions of this chapter are severable."
SECTION 2. This act takes effect upon approval by the
Governor.
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