ABC Omnibus 2025.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 552

Short Title: ABC Omnibus 2025. (Public)
Sponsors: Senators Moffitt, Johnson, and Hanig (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S552-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE VARIOUS CHANGES TO THE ALCOHOL LAWS OF THIS STATE. 2
The General Assembly of North Carolina enacts: 3
4
PROVIDE FUNDING FOR STATE WAREHOUSE TO BE REPAID BY FUNDS 5
RECEIVED BY THE ABC COMMISSION 6
SECTION 1.(a) There is appropriated from the State Capital and Infrastructure Fund 7
to the Department of Administration the sum of three hundred nine million five hundred 8
sixty-eight thousand five hundred sixty -three dollars ($309,568,563) for the 2025 -2026 fiscal 9
year to be used for advanced planning and construction of a new automated warehouse and 10
associated offices for the North Carolina Alcoholic Beverage Control Commission (ABC). Upon 11
the earlier of project completion or July 1, 2029, the ABC shall repay the total amount of funds 12
appropriated from the State Capital and Infrastructure Fund for the project in an amount of no 13
less than twenty million six hundred seventy thousand dollars ($20,670,000) annually. 14
Reimbursement funds submitted by ABC pursuant to this subsection shall be credited to the State 15
Capital and Infrastructure Fund. Nothing in this subsection shall be deemed to preclude the 16
payment of amounts in excess of the minimum prescribed annual amount. 17
SECTION 1.(b) This section becomes effective July 1, 2025. 18
19
ESTABLISH SERVICE BUSINESS PERMIT 20
SECTION 2.(a) G.S. 18B-300(a1) reads as rewritten: 21
"(a1) Consumption on Premises During Time of Permit Revocation or Suspension. – It shall 22
be unlawful to consume or for a permittee or his a permittee's agent or em ployee to allow the 23
consumption of malt beverages or unfortified wine on the premises of any business during the 24
period of time that any on -premises permit or service business permit issued to the business 25
authorizing the sale andor consumption of malt beverages or unfortified wine has been suspended 26
or revoked by the Commission. The prohibition in this subsection does not apply to the premises 27
upon which the business was located at the time the permit was suspended or revoked if the 28
business ceases to operate in that location and the owner of the property is not the permittee, 29
provided that the permittee is not engaged in any other business or other activity on the premises 30
during the period of suspension or revocation." 31
SECTION 2.(b) G.S. 18B-603 is amended by adding a new subsection to read: 32
"(i) Service Business Permits. – The Commission may only issue service business permits 33
provided for in G.S. 18B-1001(26) to qualified persons and establishments located withi n a 34
jurisdiction in which on-premises malt beverage permits or on-premises unfortified wine permits 35
may be issued, subject to the following restrictions: 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 552-First Edition
(1) If on-premises malt beverage permits, but not on -premises unfortified wine 1
permits, may be issued in the jurisdiction, the service business permittee may 2
furnish only malt beverages to customers. 3
(2) If on-premises unfortified wine permits, but not on -premises malt beverage 4
permits, may be issued in the jurisdiction, the service business permittee may 5
furnish only unfortified wine to customers. 6
(3) If on -premises malt beverage permits and on -premises unfortified wine 7
permits may be issued in the jurisdiction, the service business permittee may 8
furnish malt beverages and unfortified wine to customers." 9
SECTION 2.(c) G.S. 18B-902 reads as rewritten: 10
"§ 18B-902. Application for permit; fees. 11
… 12
(d) Fees. – An application for an ABC permit shall be accompanied by payment of the 13
following application fee: 14
… 15
(57) Service business permit – $50.00. 16
… 17
(h) Recycling Plan Required. – Each applicant for an on-premises malt beverage permit, 18
on-premises unfortified wine permit, service business permit, on-premises fortified wine permit, 19
or a mixed beverages permit shall prepare and submit with the application a plan for the collection 20
and recycling of all recyclable beverage containers of all beverages to be sold or furnished at 21
retail on the premises. Each applicant for a mobile bar services permit shall prepare and submit 22
with the application a plan for the collection and recycling of all recyclable beverage containers 23
of all beverages to be served at an event pursuant to the permit. A permittee who is not able to 24
find a recycler for its beverage containers may apply to the Alcoholic Beverage Control 25
Commission for a one -year stay of the requirement to implement a recycling program in 26
compliance with G.S. 18B-1006.1. The application shall be made in a form specified by the 27
Commission, shall detail the efforts made by the permittee to provide for the collection and 28
recycling of beverage containers, and shall specify the impediments to implementation of a 29
recycling plan. The Commission shall submit all such applications to the Division of 30
Environmental Assistance and Outreach of the Department of Environmental Quality for review 31
and certification. The Division of Environmental Assistance and Outreach shall investigate each 32
application and prepare a summary of its investigation and shall submit the summary to the 33
Commission along with a notation indicating certification or deni al of the application. A 34
permittee whose application for a stay is certified by the Division of Environmental Assistance 35
and Outreach shall not be required to comply with the recycling requirement of the alcoholic 36
beverage laws and regulations during the one-year stay period so certified." 37
SECTION 2.(d) G.S. 18B-903 reads as rewritten: 38
"§ 18B-903. Duration of permit; renewal and transfer. 39
(a) Duration. – Once issued, ABC permits shall be valid for the following periods, unless 40
earlier surrendered, suspended or revoked: 41
(1) On-premises and off-premises malt beverage, unfortified wine, and fortified 42
wine permits; service business permits; culinary permits; and all permits listed 43
in G.S. 18B-1100 shall remain valid indefinitely. 44
… 45
(b1) Registration. – Each person holding a malt beverage, fortified wine, or unfortified 46
wine permit unfortified wine, or service business permit issued pursuant to G.S. 18B-902(d)(1) 47
through G.S. 18B-902(d)(6) or G.S. 18B-902(d)(57) shall register by May 1 of each year on a 48
form provided by the Commission, in order to provide information needed by the State in 49
enforcing this Chapter and to support the costs of that enforcement. For permits issued pursuant 50
to G.S. 18B-902(d)(1) throug h G.S. 18B-902(d)(6), the The registration required by this 51
General Assembly Of North Carolina Session 2025
Senate Bill 552-First Edition Page 3
subsection shall be accompanied by an annual registration and inspection fee of four hundred 1
dollars ($400.00) for each permit held. For permits issued pursuant to G.S. 18B-902(d)(57), the 2
registration required by this subsection shall be accompanied by an annual registration and 3
inspection fee of fifty dollars ($50.00) for each permit held. The fee shall be paid by May 1 of 4
each year. A registration fee shall not be refundable. Failure to pay the a nnual registration and 5
inspection fee shall result in revocation of the permit. 6
(b2) Recycling Plan Required. – Each person holding an on -premises malt beverage 7
permit, on-premises unfortified wine permit, service business permit, on-premises fortified wine 8
permit, or a mixed beverages permit shall submit, along with the annual registration or renewal 9
application, either a current plan for the collection and recycling of all recyclable beverage 10
containers of all beverages sold or furnished at retail on the premises, or an application for a 11
waiver pursuant to G.S. 18B-902(h). Each person holding a mobile bar services permit shall 12
submit, along with the annual renewal application, either a current plan for the collection and 13
recycling of all recyclable beverage containers of all beverages to be served at an event pursuant 14
to the permit, or an application for a waiver pursuant to G.S. 18B-902(h). 15
…." 16
SECTION 2.(e) G.S. 18B-1000 reads as rewritten: 17
"§ 18B-1000. Definitions concerning establishments. 18
The following requirements and definitions shall apply to this Chapter: 19
… 20
(7a) Service business. – An establishment that is primarily engaged in the business 21
of providing services to the general public that require an occupational license 22
issued by the State. 23
(7a)(7b) Sports and entertainment venue. – Stadiums, ballparks, and other similar 24
facilities with a permanently constructed seating capacity of 3,000 or more 25
which are not located on the campus of a school, college, or university. 26
…." 27
SECTION 2.(f) G.S. 18B-1001 is amended by adding a new subdivision to read: 28
"(26) Service Business Permit. – A service business permit authorizes the permittee 29
to furnish complimentary malt beverages and unfortified wine to customers, 30
in conjunction with the provision of the service, for consumption on the 31
permittee's premises at no extra charge to the customer s. The permittee may 32
furnish alcoholic beverages to customers only in accordance with 33
G.S. 18B-603(i). The permittee may not serve more than two servings of 34
alcoholic beverages to any individual customer in any calendar day. For 35
purposes of this subdivision, a serving of malt beverage is 16 fluid ounces, 36
and a serving of unfortified wine is 8 fluid ounces. Notwithstanding 37
G.S. 18B-1006(h), the permittee may purchase malt beverages and unfortified 38
wine from either a retailer or a wholesaler. The permit may be issued to service 39
businesses." 40
SECTION 2.(g) G.S. 18B-1006.1(a) reads as rewritten: 41
"(a) Holders of on-premises malt beverage permits, on-premises unfortified wine permits, 42
service business permits, on-premises fortified wine permits, and mixed beverages permits shall 43
separate, store, and provide for the collection for recycling of all recyclable beverage containers 44
of all beverages sold or furnished at retail on the premises. A permittee has satisfied the 45
requirements of this section if it implements a recycling program that meets the minimum 46
standards of the model recycling program developed by the Commission pursuant to 47
G.S. 130A-309.14(m). Failure to comply wit h the requirements of this section shall not be 48
grounds for revocation of a permit. A conviction for violation of this section shall not constitute 49
an alcoholic beverage offense within the meaning of G.S. 18B-900(a)(4)." 50
SECTION 2.(h) This section becomes effective July 1, 2025. 51
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1
OPEN CONTAINER LAW CORRECTION 2
SECTION 3.(a) G.S. 18B-1001 reads as rewritten: 3
"§ 18B-1001. Kinds of ABC permits; places eligible. 4
When the issuance of the permit is lawful in the jurisdiction in which the premises are located, 5
the Commission may issue the following kinds of permits: 6
… 7
(3) On-Premises Unfortified Wine Permit. – An on -premises unfortified wine 8
permit authorizes (i) the retail sale of unfortified wine for consumption on the 9
premises, either alone or mixed with othe r beverages, (ii) the retail sale of 10
unfortified wine in the manufacturer's original container for consumption off 11
the premises, and (iii) the retail sale of unfortified wine dispensed from a tap 12
connected to a pressurized container utilizing carbon dioxid e or similar gas 13
into a cleaned and sanitized container that is filled or refilled and sealed for 14
consumption off the premises and that identifies the permittee and the date the 15
container was filled or refilled. The permit also authorizes the permittee to 16
transfer unfortified wine, not more than four times per calendar year, to 17
another on -premises unfortified wine permittee that is under common 18
ownership or control as the transferor. Except as authorized by this 19
subdivision, transfers of wine by on -premises unfortified wine permittees, 20
purchases of wine by a retail permittee from another retail permittee for the 21
purpose of resale, and sale of wine by a retail permittee to another retail 22
permittee for the purpose of resale are unlawful. In addition, a particular brand 23
of wine may be transferred only if both the transferor and transferee are 24
located within the territory designated between the winery and the wholesaler 25
on file with the Commission. Prior to or contemporaneous with any such 26
transfer, the transfero r shall notify each wholesaler who distributes the 27
transferred product of the transfer. The notice shall be in writing or verifiable 28
electronic format and shall identify the transferor and transferee, the date of 29
the transfer, quantity, and items transferr ed. The holder of the permit is 30
authorized to ship unfortified wine in closed containers to individual 31
purchasers inside and outside the State. Orders received by a winery by 32
telephone, Internet, mail, facsimile, or other off -premises means of 33
communication shall be shipped pursuant to a wine shipper permit and not 34
pursuant to this subdivision. The permit may be issued for any of the 35
following: 36
a. Restaurants. 37
b. Hotels. 38
c. Eating establishments. 39
d. Private clubs. 40
e. Convention centers. 41
f. Cooking schools. 42
g. Community theatres. 43
h. Wineries. 44
i. Wine producers. 45
j. Retail businesses. 46
k. Sports and entertainment venues. 47
l. Bars. 48
m. The holder of a distillery permit authorized under G.S. 18B-1105. 49
n. Breweries. 50
General Assembly Of North Carolina Session 2025
Senate Bill 552-First Edition Page 5
Additionally, an on -premises unfortified wine permi t authorizes a permittee 1
that is a restaurant, eating establishment, hotel, private club, bar, brewery, 2
winery, or wine producer to sell at retail single-serving unfortified wine drinks 3
for consumption off the premises, including delivery by the permittee or a 4
delivery service permittee. Single -serving unfortified wine drinks sold for 5
consumption off the premises must be sold with food and shall be packaged 6
in a container with a secure lid or cap and in a manner designed to prevent 7
consumption without remov al of the lid or cap. The container shall be no 8
greater than 24 fluid ounces. Notwithstanding In accordance with 9
G.S. 20-138.7, the transportation of single-serving unfortified wine drinks in 10
a motor vehicle shall not be unlawful if the container continues to be sealed 11
and is in the passenger area of a motor vehicle. is an unopened manufacturer's 12
original container or is transported in a locked container, in the trunk, or in the 13
area behind the last upright seat in a motor vehicle not equipped with a trunk. 14
Notwithstanding G.S. 18B-1010, the sale of more than two single -serving 15
unfortified wine drinks at one time shall not be unlawful if the single-serving 16
unfortified wine drinks are sold for delivery or consumption off the permittee's 17
premises. No single -serving unfortified wine by the drink ordered for 18
off-premises consumption shall be provided to any person other than the 19
purchaser of the single-serving unfortified wine drink, except that in the case 20
of delivery, the delivery service permittee through its employees or agents 21
may provide the single-serving unfortified wine drink to a person other than 22
the purchaser if the permittee or the permittee's employees or agents verify 23
that the person is over 21 years of age using age verification software requiring 24
the recipient to provide a form of photographic identification authorized in 25
G.S. 18B-302(d)(1). 26
… 27
(5) On-Premises Fortified Wine Permit. – An on-premises fortified wine permit 28
authorizes the retail sale of fortified wine for consumption on the premises, 29
either alone or mixed with other beverages, and the retail sale of fortified wine 30
in the manufacturer's original container for consumption off the premises. The 31
permit also authorizes the permittee to transfer fortified wine, not more than 32
four times per calendar year, to another on-premises fortified wine permittee 33
that is under common ownership or control as the transferor. Except as 34
authorized by this subdivision, transfers of wine by on-premises fortified wine 35
permittees, purchases of wine by a retail pe rmittee from another retail 36
permittee for the purpose of resale, and sale of wine by a retail permittee to 37
another retail permittee for the purpose of resale are unlawful. In addition, a 38
particular brand of wine may be transferred only if both the transfer or and 39
transferee are located within the territory designated between the winery and 40
the wholesaler on file with the Commission. Prior to or contemporaneous with 41
any such transfer, the transferor shall notify each wholesaler who distributes 42
the transferred product of the transfer. The notice shall be in writing or 43
verifiable electronic format and shall identify the transferor and transferee, the 44
date of the transfer, quantity, and items transferred. The holder of the permit 45
is authorized to ship fortified w ine in closed containers to individual 46
purchasers inside and outside the State. Orders received by a winery by 47
telephone, Internet, mail, facsimile, or other off -premises means of 48
communication shall be shipped pursuant to a wine shipper permit and not 49
pursuant to this subdivision. The permit may be issued for any of the 50
following: 51
General Assembly Of North Carolina Session 2025
Page 6 Senate Bill 552-First Edition
a. Restaurants. 1
b. Hotels. 2
c. Private clubs. 3
d. Community theatres. 4
e. Wineries. 5
f. Convention centers. 6
g. Bars. 7
h. The holder of a distillery permit authorized under G.S. 18B-1105. 8
i. Sports and entertainment venues. 9
j. Breweries. 10
Additionally, an on-premises fortified wine permit authorizes a permittee that 11
is a restaurant, hotel, private club, bar, brewery, or winery to sell at retail 12
single-serving fortified wine drinks for consumption off the premises, 13
including delivery by the permittee or a delivery service permittee. 14
Single-serving fortified wine drinks sold for consumption off the premises 15
must be sold with food and shall be packaged in a container with a secure lid 16
or cap and in a manner designed to prevent consumption without removal of 17
the lid or cap. The container shall be no greater than 24 fluid ounces. 18
Notwithstanding In accordance with G.S. 20-138.7, the transportation of 19
single-serving fortified wine drinks in a motor vehicle shall not be unlawful if 20
the container continues to be sealed and is in the passeng er area of a motor 21
vehicle.is an unopened manufacturer's original container or is transported in a 22
locked container, in the trunk, or in the area behind the last upright seat in a 23
motor vehicle not equipped with a trunk. Notwithstanding G.S. 18B-1010, the 24
sale of more than two single-serving fortified wine drinks at one time shall not 25
be unlawful if the single-serving fortified wine drinks are sold for delivery or 26
consumption off the permittee's premises. No single-serving fortified wine by 27
the drink ordered for off -premises consumption shall be provided to any 28
person other than the purchaser of the single -serving fortified wine drink, 29
except that in the case o f delivery, the delivery service permittee through its 30
employees or agents may provide the single -serving fortified wine drink to a 31
person other than the purchaser if the permittee or the permittee's employees 32
or agents verify that the person is over 21 ye ars of age using age verification 33
software requiring the recipient to provide a form of photographic 34
identification authorized in G.S. 18B-302(d)(1). 35
… 36
(10) Mixed Beverages Permit. – A mixed beverages permit authorizes the retail 37
sale of mixed beverages fo r consumption on the premises. The permit also 38
authorizes a mixed beverages permittee to obtain an antique spirituous liquor 39
permit under subdivision (20) of this section and to use for culinary purposes 40
spirituous liquor lawfully purchased for use in mixe d beverages. The permit 41
may be issued for any of the following: 42
a. Restaurants. 43
b. Hotels. 44
c. Private clubs. 45
d. Convention centers. 46
e. Community theatres. 47
f. Nonprofit organizations. 48
g. Political organizations. 49
h. Sports and entertainment venues. 50
i. Bars. 51
General Assembly Of North Carolina Session 2025
Senate Bill 552-First Edition Page 7
j. The holder of a distillery permit authorized under G.S. 18B-1105. 1
k. Breweries. 2
l. Wineries. 3
Additionally, a mixed beverages permit authorizes a permittee that is a 4
restaurant, hotel, private club, bar, brewery, winery, or the holder of a 5
distillery per mit to sell at retail mixed beverages for consumption off the 6
premises, including delivery by the permittee or a delivery service permittee. 7
A mixed beverage sold for consumption off the premises must be sold with 8
food and shall be (i) a premixed cocktail in the manufacturer's original closed 9
container, or (ii) packaged in a container with a secure lid or cap, and in a 10
manner designed to prevent consumption without removal of the lid or cap. 11
The container shall be no greater than 24 fluid ounces. Notwithstanding In 12
accordance with G.S. 20-138.7, the transportation of a mixed beverage in a 13
motor vehicle shall not be unlawful if the container continues to be sealed and 14
is in the passenger area of a motor vehicle. is an unopened manufacturer 's 15
original container or is transported in a locked container, in the trunk, or in the 16
area behind the last upright seat in a motor vehicle not equipped with a trunk. 17
Notwithstanding G.S. 18B-1010, the sale of more than one mixed beverage 18
drink at one time shall not be unlawfu l if the mixed beverage drinks are sold 19
for delivery or consumption off the permittee's premises. No mixed beverage 20
ordered for off -premises consumption shall be provided to any person other 21
than the purchaser of the mixed beverage, except that in the case of delivery, 22
the delivery service permittee through its employees or agents may provide 23
the mixed beverage to a person other than the purchaser if the permittee or the 24
permittee's employees or agents verify that the person is over 21 years of age 25
using age verification software requiring the recipient to provide a form of 26
photographic identification authorized in G.S. 18B-302(d)(1). 27
…." 28
SECTION 3.(b) G.S. 20-138.7(a) reads as rewritten: 29
"(a) Offense. – No person shall drive a motor vehicle on a highway or the right-of-way of 30
a highway:highway while both of the following conditions are met: 31
(1) While thereThere is an alcoholic beverage in the passenger area in other than 32
the unopened manufacturer's original container or a container that remains 33
securely sea led pursuant to G.S. 18B-1001(3), 18B -1001(5), or 34
18B-1001(10).container. 35
(2) While the The driver is consuming alcohol or while alcohol remains in the 36
driver's body." 37
SECTION 3.(c) This section becomes effective October 1, 2025, and applies to 38
offenses committed on or after that date. 39
40
COUNTY MIXED BEVERAGE ELECTION AMENDMENT 41
SECTION 4.(a) G.S. 18B-600(b) reads as rewritten: 42
"(b) County Elections. – Any county may hold a malt beverage, unfortified wine, or ABC 43
store election. A county may hold a mixed beverage election only if (i) the county already 44
operates at least one county ABC store or a city located in the county operates at least one ABC 45
store, or (ii) a county election on ABC stores is to be held at the same time as the mixed beverage 46
election. Provided, if a county does not operate at least one A BC store, a mixed beverages 47
permittee may purchase liquor from an ABC store that is designated as a mixed beverage ABC 48
store operated by any local board operating in the same county as the permittee." 49
SECTION 4.(b) This section is retroactively effective October 1, 2024. 50
51
General Assembly Of North Carolina Session 2025
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BROWN BAGGING TECHNICAL CORRECTION 1
SECTION 5. G.S. 18B-603(d) reads as rewritten: 2
"(d) Mixed Beverage Elections. – If a mixed beverage election is held under 3
G.S. 18B-602(h) and the sale of mixed beverages is approved, the Commission may issue permits 4
to qualified persons and establishments in the jurisdiction that held the election as follows: 5
… 6
(4) The Commission may issue brown -bagging permits for bars, private clubs 7
clubs, and congressionally chartered veterans organizations but may no longer 8
issue and may not renew b rown-bagging permits for restaurants, hotels, and 9
community theatres. A restaurant, hotel, or community theatre may not be 10
issued a mixed beverage permit under subdivision (1) until it surrenders its 11
brown-bagging permit. 12
…." 13
14
AIRPORT TECHNICAL CORRECTION 15
SECTION 6. G.S. 18B-300.3 reads as rewritten: 16
"§ 18B-300.3. Possession and consumption of alcoholic beverages in the security -screened 17
area of airports. 18
(a) During the hours of airport operation, any establishment permitted under subdivision 19
(1), (3), (5), or (10) of G.S. 18B-1000G.S. 18B-1001 and operating in the Transportation Security 20
Administration-screened portion of an airport may, with the written approval of the airport 21
authority, sell the alcoholic beverages it is permitted to sell for consumption throughout the 22
Transportation Security Administration-screened portion of the establishment's respective airport 23
terminal. 24
(b) An alcoholic beverage served for consumption throughout an establishment's airport 25
terminal shall be served in a container that meets all of the following requirements: 26
(1) The container is not comprised of glass. 27
(2) The container displays, in no less than 12 -point font, the statement, "Drink 28
Responsibly – Be 21." 29
(3) The container shall not hold more than 16 fluid ounces. 30
(c) A customer may purchase and consume alcoholic beverages throughout the interior 31
of the Transportation Security Administration-screened portion of the respective airport terminal, 32
provided that the purchase is from an approved establishment permitte d under subdivision (1), 33
(3), (5), or (10) of G.S. 18B-1000.G.S. 18B-1001. 34
(d) This section applies only to airports that service airplanes boarding at least 150,000 35
passengers annually." 36
37
CLARIFY PERMISSION TO TAKE MIXED BEVERAGES ONTO PERMITTED 38
PREMISES IN A SOCIAL DISTRICT 39
SECTION 7. G.S. 18B-300.1(f) reads as rewritten: 40
"(f) Limitations on Open Containers. – Except where otherwise allowed by local 41
ordinance, the possession and consumption of an open container of an alcoholic beverage in a 42
social district is subject to all of the following requirements: 43
… 44
(6) Notwithstanding G.S. 18B-300 and G.S. 18B-301, a permittee or 45
non-permittee business may allow a customer to possess and consume on the 46
business's premises alcoholic beverages purchased from a permi ttee in the 47
social district. A permittee business that is not permitted to sell mixed 48
beverages may allow a customer to possess and consume on the business 's 49
premises mixed beverages purchased from a mixed beverages permittee in the 50
social district." 51
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1
EFFECTIVE DATE 2
SECTION 8. Except as otherwise provided, this act is effective when it becomes 3
law. 4