SB 868 — Discrimination; prohibited in public accommodations, etc., causes of action, civil actions.
Last action — Approved by Governor-Chapter 1140 (effective 7/1/20)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 08, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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60 sponsors
1 primary, 59 co-sponsors signed on.
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Mixed recorded votes
7 passed, 2 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Prohibited discrimination; public accommodations, employment, credit, and housing: causes of action; sexual orientation and gender identity. Creates causes of action for unlawful discrimination in public accommodations and employment in the Virginia Human Rights Act. Currently, under the Act there is no cause of action for discrimination in public accommodations, and the only causes of action for discrimination in employment are for (i) unlawful discharge on the basis of race, color, religion, national origin, sex, pregnancy, or childbirth or related medical conditions including lactation by employers employing more than five but fewer than 15 persons and (ii) unlawful discharge on the basis of age by employers employing more than five but fewer than 20 persons. The bill allows the causes of action to be pursued privately by the aggrieved person or, in certain circumstances, by the Attorney General. Before a civil cause of action may be brought in a court of the Commonwealth, an aggrieved individual must file a complaint with the Division of Human Rights of the Department of Law, participate in an administrative process, and receive a notice of his right to commence a civil action. The bill prohibits discrimination in public and private employment on the basis of sexual orientation and gender identity. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran. Additionally, the bill (a) prohibits discrimination in public accommodations on the basis of sexual orientation, gender identity, or status as a veteran; (b) prohibits discrimination in credit on the basis of sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, disability, and status as a veteran; and (c) adds discrimination on the basis of an individual's sexual orientation, gender identity, or status as a veteran as an unlawful housing practice. The bill makes technical amendments. This bill incorporates SB 66 and SB 159.
Bill Text
What changed in the latest version
179 added · 161 removedPlain-language change summary
The latest version of Bill SB 868 adds a list of specific legislative sessions and special sessions, clarifying which previous laws and amendments are being referenced or impacted. This change is important because it helps ensure that any updates or repeals of existing laws are clear and applicable to the right periods, making it easier for lawmakers and the public to understand legislative history and its implications. Additionally, it repeals a particular section related to prohibited actions, potentially altering how discrimination complaints are handled in Virginia.
Code of Virginia Administrative Code Bills & Resolutions Summaries OTHER SESSIONS - - - - - - - - - - - - - - Session Special Session I Session Special Session I Session Special Session I Session Special Session I Special Session II Session Special Session I Session Special Session I Session Special Session I Special Session II Session Session Session Special Session I Session Special Session I Session Special Session I Session Special Session I Session Special Session I Session Session Special Session I Session Special Session I Special Session II Session Session Special Session I Session Session Special Session I Special Session II Session Session Session Special Session I Session Session Session Special Session I Session Session Session Session Special Session I Special Session II VIRGINIA LAW PORTALCode of VirginiaVirginia Administrative Code Constitution of VirginiaChartersAuthoritiesCompacts Uncodified ActsRIS Users (account required) SEARCHABLE DATABASESBills & Resolutionssession legislationBill Summariessession summaries Reports to the General AssemblyHouse and Senate documents Legislative LiaisonsState agency contactsACROSS SESSIONS Subject Index:
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER 1140 An Act to amend and reenact §§ 2.2-520, 2.2-3004, 2.2-3900, 2.2-3901, 2.2-3902, 6.2-501, 15.2-853, 15.2-854, 15.2-965, 15.2-1507, 15.2-1604, 22.1-306, 36-96.1 through 36-96.3, 36-96.4, 36-96.6, and 55.1-1310 of the Code of Virginia;
[S 868] Approved April 11, 2020 Be it enacted by the General Assembly of Virginia:
It is an unlawful discriminatory practice for any person, including the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, to refuse, withhold from, or deny any individual, or to attempt to refuse, withhold from, or deny any individual, directly or indirectly, any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation, or to segregate or discriminate against any such person in the use thereof, or to publish, circulate, issue, display, postpost, or mail, either directly or indirectly, any communication, notice, or advertisement to the effect that any of the accommodations, advantages, facilities, privileges, or services of any such place shall be refused, withheld from, or denied to any individual on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, sexual orientation, gender identity, marital status, disability, or status as a veteran.
However, (i) for purposes of unlawful discharge under subdivision B 1 on the basis of race, color, religion, national origin, status as a veteran, sex, sexual orientation, gender identity, marital status, pregnancy, or childbirth or related medical conditions including lactation, "employer" means any employer employing more than five persons and (ii) for purposes of unlawful discharge under subdivision B 1 on the basis of age, "employer" means any employer employing more than five but fewer than 20 persons.
View plain text versions (5)
- Acts of Assembly Chapter text (CHAP1140) View text Current html April 11, 2020
- Bill text as passed Senate and House (SB868ER) View text html March 04, 2020
- Substitute Engrossed by House - floor substitute SB868H1 html February 24, 2020
- Impact statement from DPB (SB868S1) View text html January 29, 2020
- Impact statement from DPB (SB868) View text html January 08, 2020
Action History
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Approved by Governor-Chapter 1140 (effective 7/1/20)
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill Communicated to Governor on March 12, 2020
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Signed by Speaker
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Signed by President
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Impact statement from DPB (SB868ER)
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Enrolled
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Title replaced 20108819D-H1
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House substitute agreed to by Senate (27-Y 13-N)
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Impact statement from DPB (SB868H1)
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VOTE: Passage (54-Y 46-N)
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Passed House with substitute (54-Y 46-N)
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Engrossed by House - floor substitute SB868H1
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VOTE: Pass By (54-Y 46-N)
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Motion to pass by amendment by Delegate LaRock agreed to (54-Y 46-N)
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Passed by temporarily
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Substitute by Delegate Sickles agreed to 20108819D-H1
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Read third time
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Floor substitute printed 20108819D-H1 (Sickles)
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House committee, floor amendments and substitutes offered
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Passed by for the day
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Passed by for the day
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Passed by for the day
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Passed by for the day
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Read second time
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Reported from General Laws (13-Y 9-N)
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Referred to Committee on General Laws
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Read first time
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Placed on Calendar
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Read third time and passed Senate (30-Y 9-N)
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Engrossed by Senate - committee substitute SB868S1
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Amendment #9 by Senator Peake rejected
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Amendment #5 by Senator Peake rejected (17-Y 23-N)
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Amendments #'s 1,2,3,4,6,7,8 by Senator Peake rejected (19-Y 21-N)
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Reading of amendments waived
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Committee substitute agreed to 20107133D-S1
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Reading of substitute waived
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Read second time
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Impact statement from DPB (SB868S1)
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Passed by for the day
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Passed by for the day
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Constitutional reading dispensed (37-Y 0-N)
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Incorporates SB159 (Boysko)
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Incorporates SB66 (McClellan)
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Committee substitute printed 20107133D-S1
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Reported from General Laws and Technology with substitute (12-Y 0-N 2-A)
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Impact statement from DPB (SB868)
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Referred to Committee on General Laws and Technology
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Prefiled and ordered printed; offered 01/08/20 20104737D
Sponsors
- Jennifer B. Boysko · Cosponsor
- Jennifer L. McClellan · Cosponsor
- R. Creigh Deeds · Cosponsor
- Barbara A. Favola · Cosponsor
- Mamie E. Locke · Cosponsor
- L. Louise Lucas · Cosponsor
- David W. Marsden · Cosponsor
- Jeremy S. McPike · Cosponsor
- Joseph D. Morrissey · Cosponsor
- Scott A. Surovell · Cosponsor
- Lamont Bagby · Cosponsor
- Betsy B. Carr · Cosponsor
- Karrie K. Delaney · Cosponsor
- Dan I. Helmer · Cosponsor
- Charniele L. Herring · Cosponsor
- Patrick A. Hope · Cosponsor
- Paul E. Krizek · Cosponsor
- Joseph C. Lindsey · Cosponsor
- Alfonso H. Lopez · Cosponsor
- Delores L. McQuinn · Cosponsor
- Jennifer D. Carroll Foy · Cosponsor
- Ghazala F. Hashmi · Cosponsor
- Adam P. Ebbin · Primary
- Sam Rasoul · Cosponsor
- Danica A. Roem · Cosponsor
- Marcus B. Simon · Cosponsor
- Shelly A. Simonds · Cosponsor
- Luke E. Torian · Cosponsor
- Kathy K.L. Tran · Cosponsor
- Jeion A. Ward · Cosponsor
- Vivian E. Watts · Cosponsor
- Michael J. Jones · Cosponsor
- Martha M. Mugler · Cosponsor
- Roslyn C. Tyler · Cosponsor
- Suhas Subramanyam · Cosponsor
- Mark D. Sickles · Cosponsor
- Kenneth R. Plum · Cosponsor
- Kathleen Murphy · Cosponsor
- Michael P. Mullin · Cosponsor
- Mark H. Levine · Cosponsor
- Kaye Kory · Cosponsor
- Mark L. Keam · Cosponsor
- Chris L. Hurst · Cosponsor
- Steve E. Heretick · Cosponsor
- Elizabeth R. Guzman · Cosponsor
- Nancy D. Guy · Cosponsor
- Lee J. Carter · Cosponsor
- David L. Bulova · Cosponsor
- Hala S. Ayala · Cosponsor
- Alex Q. Askew · Cosponsor
- Dawn M. Adams · Cosponsor
- Jill Holtzman Vogel · Cosponsor
- Richard L. Saslaw · Cosponsor
- J. Chapman Petersen · Cosponsor
- T. Montgomery "Monty" Mason · Cosponsor
- Lewis, Lynwood W., Jr. · Cosponsor
- Janet D. Howell · Cosponsor
- John S. Edwards · Cosponsor
- John J. Bell · Cosponsor
- George L. Barker · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 59 co-sponsors · 88 not signed on · 58 voted No
Sponsors (1)
Co-sponsors (59)
- Jennifer B. Boysko Voted No
- Jennifer L. McClellan
- R. Creigh Deeds Voted No
- Barbara A. Favola Voted No
- Mamie E. Locke Voted No
- L. Louise Lucas Voted No
- David W. Marsden Voted No
- Jeremy S. McPike Voted No
- Joseph D. Morrissey
- Scott A. Surovell Voted No
- Lamont Bagby
- Betsy B. Carr
- Karrie K. Delaney
- Dan I. Helmer
- Charniele L. Herring
- Patrick A. Hope
- Paul E. Krizek
- Joseph C. Lindsey
- Alfonso H. Lopez
- Delores L. McQuinn
- Jennifer D. Carroll Foy
- Ghazala F. Hashmi
- Sam Rasoul
- Danica A. Roem
- Marcus B. Simon
- Shelly A. Simonds
- Luke E. Torian
- Kathy K.L. Tran
- Jeion A. Ward
- Vivian E. Watts
- Michael J. Jones
- Mugler, Martha M.
- Tyler, Roslyn C.
- Subramanyam, Suhas
- Sickles, Mark D.
- Plum, Kenneth R.
- Murphy, Kathleen
- Mullin, Michael P.
- Levine, Mark H.
- Kory, Kaye
- Keam, Mark L.
- Hurst, Chris L.
- Heretick, Steve E.
- Guzman, Elizabeth R.
- Guy, Nancy D.
- Carter, Lee J.
- Bulova, David L.
- Ayala, Hala S.
- Askew, Alex Q.
- Adams, Dawn M.
- Vogel, Jill Holtzman Voted No
- Saslaw, Richard L. Voted No
- Petersen, J. Chapman Voted No
- Mason, T. Montgomery "Monty" Voted No
- Lewis, Lynwood W., Jr. Voted No
- Howell, Janet D. Voted No
- Edwards, John S. Voted No
- Bell, John J. Voted No
- Barker, George L. Voted No
Not signed on (88)
88 members have not signed on to this bill.
Show all 88 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 13 | 0 | 0 |
| Total | 27 | 13 | 0 | 0 |
| % of votes cast | 68% | 33% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 46 | 0 | 0 |
| Total | 53 | 46 | 0 | 0 |
| % of votes cast | 54% | 46% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 46 | 0 | 0 |
| Total | 53 | 46 | 0 | 0 |
| % of votes cast | 54% | 46% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 9 | 0 | 0 |
| Total | 13 | 9 | 0 | 0 |
| % of votes cast | 59% | 41% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Brewer, Emily M. | — | Nay |
| Adams, Dawn M. | — | Yea |
| Aird, Lashrecse D. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Cole, Mark L. | — | Nay |
| Convirs-Fowler, Kelly K. | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Nay |
| Hurst, Chris L. | — | Yea |
| James A. "Jay" Leftwich | — | Nay |
| James W. Morefield | — | Nay |
| Kathy K.L. Tran | — | Yea |
| Knight, Barry D. | — | Nay |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Nay |
| Murphy, Kathleen | — | Yea |
| Paul E. Krizek | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Thomas C. Wright, Jr. | — | Nay |
| Wampler, William C., III | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 30 | 9 | 0 | 1 |
| Total | 30 | 9 | 0 | 1 |
| % of votes cast | 75% | 23% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 17 | 23 | 0 | 0 |
| Total | 17 | 23 | 0 | 0 |
| % of votes cast | 43% | 58% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 21 | 0 | 0 |
| Total | 19 | 21 | 0 | 0 |
| % of votes cast | 48% | 53% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 2 |
| Total | 12 | 0 | 0 | 2 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Not Voting |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Not Voting |
| Vogel, Jill Holtzman | — | Yea |
Subjects
Frequently asked questions
- What does SB 868 do?
- Prohibited discrimination; public accommodations, employment, credit, and housing: causes of action; sexual orientation and gender identity. Creates causes of action for unlawful discrimination in public accommodations and employment in the Virginia Human Rights Act. Currently, under the Act there is no cause of action for discrimination in public accommodations, and the only causes of action for discrimination in employment are for (i) unlawful discharge on the basis of race, color, religion, national origin, sex, pregnancy, or childbirth or related medical conditions including lactation by employers employing more than five but fewer than 15 persons and (ii) unlawful discharge on the basis of age by employers employing more than five but fewer than 20 persons. The bill allows the causes of action to be pursued privately by the aggrieved person or, in certain circumstances, by the Attorney General. Before a civil cause of action may be brought in a court of the Commonwealth, an aggrieved individual must file a complaint with the Division of Human Rights of the Department of Law, participate in an administrative process, and receive a notice of his right to commence a civil action. The bill prohibits discrimination in public and private employment on the basis of sexual orientation and gender identity. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran. Additionally, the bill (a) prohibits discrimination in public accommodations on the basis of sexual orientation, gender identity, or status as a veteran; (b) prohibits discrimination in credit on the basis of sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, disability, and status as a veteran; and (c) adds discrimination on the basis of an individual's sexual orientation, gender identity, or status as a veteran as an unlawful housing practice. The bill makes technical amendments. This bill incorporates SB 66 and SB 159.
- Who sponsors SB 868?
- SB 868 is sponsored by Jennifer B. Boysko, Jennifer L. McClellan, R. Creigh Deeds, Barbara A. Favola, Mamie E. Locke, L. Louise Lucas, David W. Marsden, Jeremy S. McPike, Joseph D. Morrissey, Scott A. Surovell, Lamont Bagby, Betsy B. Carr, Karrie K. Delaney, Dan I. Helmer, Charniele L. Herring, Patrick A. Hope, Paul E. Krizek, Joseph C. Lindsey, Alfonso H. Lopez, Delores L. McQuinn, Jennifer D. Carroll Foy, Ghazala F. Hashmi, Adam P. Ebbin, Sam Rasoul, Danica A. Roem, Marcus B. Simon, Shelly A. Simonds, Luke E. Torian, Kathy K.L. Tran, Jeion A. Ward, Vivian E. Watts, Michael J. Jones, Mugler, Martha M., Tyler, Roslyn C., Subramanyam, Suhas, Sickles, Mark D., Plum, Kenneth R., Murphy, Kathleen, Mullin, Michael P., Levine, Mark H., Kory, Kaye, Keam, Mark L., Hurst, Chris L., Heretick, Steve E., Guzman, Elizabeth R., Guy, Nancy D., Carter, Lee J., Bulova, David L., Ayala, Hala S., Askew, Alex Q., Adams, Dawn M., Vogel, Jill Holtzman, Saslaw, Richard L., Petersen, J. Chapman, Mason, T. Montgomery "Monty", Lewis, Lynwood W., Jr., Howell, Janet D., Edwards, John S., Bell, John J., and Barker, George L..
- What is the current status of SB 868?
- This bill has been enacted into law. Introduced January 08, 2020. Enacted.
- Where can I track SB 868?
- Track SB 868 free on One Click Politics — get push/email alerts when it moves.
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