Washington 2021-2022 Regular Session Status: Enacted Bipartisan · 18 D · 1 R cosponsors

HB 1335 — Concerning review and property owner notification of recorded documents with unlawful racial restrictions.

Last action — Effective date 7/25/2021.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 21, 2021. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 21 sponsors

    1 primary, 20 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (18 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 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.

Bill Text

What changed in the latest version

168 added · 50 removed

Plain-language change summary

In the latest version of HB 1335, the responsibility for reviewing and identifying unlawful racial restrictions in recorded documents has shifted from a state department grant program to local cities and counties. This means that local governments will work together to find and inform property owners about any such restrictions before updating their comprehensive plans. This change is significant because it places the responsibility on local entities, enabling more direct community involvement and ensuring that property owners receive timely notifications about issues affecting their property rights.

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H-0818.1 SUBSTITUTE HOUSE BILL 1335 State of Washington 67th Legislature 2021 Regular Session By House Local Government (originally sponsored by Representatives Valdez, Rude, Berry, Fitzgibbon, Morgan, Santos, Shewmake, Davis, Berg, Gilday, Bergquist, Fey, Bateman, Lekanoff, Lovick, Callan, Riccelli, Rule, Pollet, Senn, and Harris-Talley) READ FIRST TIME 02/09/21.
H-0155.1 HOUSE BILL 1335 State of Washington 67th Legislature 2021 Regular Session By Representatives Valdez, Rude, Berry, Fitzgibbon, Morgan, Santos, Shewmake, Davis, Berg, Gilday, Bergquist, Fey, Bateman, Lekanoff, Lovick, Callan, Riccelli, Rule, Pollet, Senn, and Harris-Talley Read first time 01/21/21.
Referred to Committee on Local Government.
adding a new section to chapter 43.330 RCW;
amending RCW 82.46.010 and 82.46.035;
adding a new section to chapter 64.06 RCW;
and adding a new section to chapter 49.60 RCW.
making appropriations;
and providing an expiration date.
A new section is added to chapter 43.330 RCW to read as follows:
A new section is added to chapter 49.60 RCW to read as follows:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall establish and administer a grant program to review existing recorded covenants and deed restrictions to identify those recorded documents that include racial or other restrictions unlawful under RCW 49.60.224 and provide notice to property owners of such restrictions.
Prior to the date by which a city or county is required to update its growth management comprehensive plan under RCW 36.70A.130, cities and counties shall work cooperatively to review existing recorded covenants and deed restrictions to identify those recorded documents that include racial or other restrictions on property ownership or use against protected classes that are unlawful under RCW 49.60.224.
(2) The department shall establish a process for accepting grant applications from public and private not-for-profit higher education institutions that are regionally accredited, including application guidelines and deadlines.
After identifying such recorded documents, cities and counties shall provide notice to the current owner of the real property with information on how the property owner may record a document under RCW 49.60.227 striking from the referenced original instrument all provisions that are void and unenforceable under law.
The department shall begin awarding grants no later than January 1, 2022.
Costs shall be apportioned among the county and cities within each county based on population.
(3) The higher education institutions selected to participate in the grant program shall review existing recorded covenants and deed restrictions to identify those recorded documents that include racial p.
p.
1 SHB 1335 or other restrictions on property ownership or use against protected classes that are unlawful under RCW 49.60.224.
1 HB 1335 Sec.
Higher education institutions shall provide notification to each property owner who owns property subject to such racial or other unlawful restrictions and the county auditor of the county within which the restrictions were found.
Selected higher education institutions are encouraged to utilize students, including law and graduate students, to complete the requirements of the grant program as part of educational and training programs.
(4) This section expires July 1, 2027.
NEW SECTION.
Sec.
(1) The sum of $475,000, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2022, from the general fund to the department of commerce for the purposes of this act.
RCW 82.46.010 and 2015 2nd sp.s.
(2) The sum of $475,000, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2023, from the general fund to the department of commerce for the purposes of this act.
c 10 s 1 are each amended to read as follows:
NEW SECTION.
(1) The legislative authority of any county or city must identify in the adopted budget the capital projects funded in whole or in part from the proceeds of the tax authorized in this section, and must indicate that such tax is intended to be in addition to other funds that may be reasonably available for such capital projects.
(2)(a) The legislative authority of any county or any city may impose an excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-quarter of one percent of the selling price.
The revenues from this tax must be used by any city or county with a population of five thousand or less and any city or county that does not plan under RCW 36.70A.040 for any capital purpose identified in a capital improvements plan and local capital improvements, including those listed in RCW 35.43.040.
(b) After April 30, 1992, revenues generated from the tax imposed under this subsection (2) in counties over five thousand population and cities over five thousand population that are required or choose to plan under RCW 36.70A.040 must be used solely for financing capital projects specified in a capital facilities plan element of a comprehensive plan and housing relocation assistance under RCW 59.18.440 and 59.18.450.
However, revenues (i) pledged by such counties and cities to debt retirement prior to April 30, 1992, may continue to be used for that purpose until the original debt for which the revenues were pledged is retired, or (ii) committed prior to April 30, 1992, by such counties or cities to a project may continue to be used for that purpose until the project is completed.
(3) In lieu of imposing the tax authorized in RCW 82.14.030(2), the legislative authority of any county or any city may impose an additional excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-half of one percent of the selling price.
(4) Taxes imposed under this section must be collected from persons who are taxable by the state under chapter 82.45 RCW upon the occurrence of any taxable event within the unincorporated areas of the county or within the corporate limits of the city, as the case may be.
p.
2 HB 1335 (5) Taxes imposed under this section must comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes as imposed by the state under chapter 82.45 RCW.
(6) The definitions in this subsection (6) apply throughout this section unless the context clearly requires otherwise.
(a) "City" means any city or town.
(b) "Capital project" means those public works projects of a local government for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement of streets;
roads;
highways;
sidewalks;
street and road lighting systems;
traffic signals;
bridges;
domestic water systems;
storm and sanitary sewer systems;
parks;
Show all 71 changed rows (31 more)
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recreational facilities;
law enforcement facilities;
fire protection facilities;
trails;
libraries;
administrative facilities;
judicial facilities;
river flood control projects;
waterway flood control projects by those jurisdictions that, prior to June 11, 1992, have expended funds derived from the tax authorized by this section for such purposes;
until December 31, 1995, housing projects for those jurisdictions that, prior to June 11, 1992, have expended or committed to expend funds derived from the tax authorized by this section or the tax authorized by RCW 82.46.035 for such purposes;
and technology infrastructure that is integral to the capital project.
(7) ((From July 22, 2011, until December 31, 2016, a city or county may use the greater of one hundred thousand dollars or thirty- five percent of available funds under this section, but not to exceed one million dollars per year, for the operations and maintenance of existing capital projects as defined in subsection (6) of this section)) From July 1, 2021, until the date by which a city or county is required to update its growth management comprehensive plan under RCW 36.70A.130, a city or county may use funds under this section for the review and property owner notification requirements in section 1 of this act.
A new section is added to chapter 64.06 RCW to read as follows:
RCW 82.46.035 and 2019 c 73 s 2 are each amended to read as follows:
Realtors shall provide notice of any recorded covenant or deed restriction that includes racial or other restrictions on property ownership or use against protected classes that are unlawful under RCW 49.60.224 to purchasers of real property at the time of sale.
(1) The legislative authority of any county or city must identify in the adopted budget the capital projects funded in whole or in part from the proceeds of the tax authorized in this section, and must p.
3 HB 1335 indicate that such tax is intended to be in addition to other funds that may be reasonably available for such capital projects.
(2) The legislative authority of any county or any city that plans under RCW 36.70A.040(1) may impose an additional excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-quarter of one percent of the selling price.
Any county choosing to plan under RCW 36.70A.040(2) and any city within such a county may only adopt an ordinance imposing the excise tax authorized by this section if the ordinance is first authorized by a proposition approved by a majority of the voters of the taxing district voting on the proposition at a general election held within the district or at a special election within the taxing district called by the district for the purpose of submitting such proposition to the voters.
(3) Revenues generated from the tax imposed under subsection (2) of this section must be used by such counties and cities solely for financing capital projects specified in a capital facilities plan element of a comprehensive plan.
However, revenues (a) pledged by such counties and cities to debt retirement prior to March 1, 1992, may continue to be used for that purpose until the original debt for which the revenues were pledged is retired, or (b) committed prior to March 1, 1992, by such counties or cities to a project may continue to be used for that purpose until the project is completed.
(4) Revenues generated by the tax imposed by this section must be deposited in a separate account.
(5) As used in this section, "city" means any city or town and "capital project" means those public works projects of a local government for:
(a) Planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement of streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, bridges, domestic water systems, storm and sanitary sewer systems;
(b) Planning, construction, reconstruction, repair, rehabilitation, or improvement of parks;
and (c) Until January 1, 2026, planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement of facilities for those experiencing homelessness and affordable housing projects.
p.
4 HB 1335 (6) A county or city may use the greater of one hundred thousand dollars or twenty-five percent of available funds, but not to exceed one million dollars, for capital projects as defined in subsection (5)(c) of this section.
The limits in this subsection do not apply to any county or city that used revenue under this section for the acquisition, construction, improvement, or rehabilitation of facilities to provide housing for the homeless prior to June 30, 2019.
(7) A county or city using funds for uses in subsection (5)(c) of this section must document in its plan under RCW 36.70A.070(3) that it has funds during the next two years for capital projects in subsection (5)(a) of this section.
(8) When the governor files a notice of noncompliance under RCW 36.70A.340 with the secretary of state and the appropriate county or city, the county or city's authority to impose the additional excise tax under this section is temporarily rescinded until the governor files a subsequent notice rescinding the notice of noncompliance.
(9) From July 1, 2021, until the date by which a city or county is required to update its growth management comprehensive plan under RCW 36.70A.130, a city or county may use funds under this section for the review and property owner notification requirements in section 1 of this act.
2 SHB 1335
5 HB 1335
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Action History

  1. Effective date 7/25/2021.

  2. Chapter 256, 2021 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. President signed.

  6. Speaker signed.

  7. Passed final passage; yeas, 95; nays, 1; absent, 0; excused, 2.

  8. House concurred in Senate amendments.

  9. Third reading, passed; yeas, 49; nays, 0; absent, 0; excused, 0.

  10. Rules suspended. Placed on Third Reading.

  11. Committee amendment(s) adopted with no other amendments.

  12. Placed on second reading by Rules Committee.

  13. Scheduled for public hearing in the Senate Committee on Ways & Means at 09:00 AM

  14. Passed to Rules Committee for second reading.

  15. Minority; without recommendation.

  16. WM - Majority; do pass with amendment(s).

  17. Executive action taken in the Senate Committee on Ways & Means at 9:00 AM.

  18. Scheduled for public hearing in the Senate Committee on Ways & Means at 01:30 PM

  19. Public hearing in the Senate Committee on Ways & Means at 1:30 PM.

  20. Referred to Ways & Means.

  21. Scheduled for public hearing in the Senate Committee on Business, Financial Services & Trade at 08:00 AM

  22. And refer to Ways & Means.

  23. BFST - Majority; do pass.

  24. Executive action taken in the Senate Committee on Business, Financial Services & Trade at 8:00 AM.

  25. Executive session scheduled, but no action was taken in the Senate Committee on Business, Financial Services & Trade at 8:00 AM.

  26. Scheduled for public hearing in the Senate Committee on Business, Financial Services & Trade at 08:00 AM

  27. Public hearing in the Senate Committee on Business, Financial Services & Trade at 8:00 AM.

  28. First reading, referred to Business, Financial Services & Trade.

  29. Third reading, passed; yeas, 97; nays, 1; absent, 0; excused, 0.

  30. Rules suspended. Placed on Third Reading.

  31. Floor amendment(s) adopted.

  32. 2nd substitute bill substituted (APP 21).

  33. Rules Committee relieved of further consideration. Placed on second reading.

  34. Referred to Rules 2 Review.

  35. Scheduled for public hearing in the House Committee on Appropriations at 01:30 PM

  36. APP - Majority; 2nd substitute bill be substituted, do pass.

  37. Executive action taken in the House Committee on Appropriations at 1:30 PM.

  38. Scheduled for public hearing in the House Committee on Appropriations at 01:30 PM

  39. Public hearing in the House Committee on Appropriations at 1:30 PM.

  40. Referred to Appropriations.

  41. Scheduled for public hearing in the House Committee on Local Government at 08:00 AM

  42. LG - Majority; 1st substitute bill be substituted, do pass.

  43. Executive action taken in the House Committee on Local Government at 8:00 AM.

  44. Scheduled for public hearing in the House Committee on Local Government at 10:00 AM

  45. Public hearing in the House Committee on Local Government at 10:00 AM.

  46. Scheduled for public hearing in the House Committee on Local Government at 10:00 AM

  47. Public hearing in the House Committee on Local Government at 10:00 AM.

  48. First reading, referred to Local Government (Not Officially read and referred until adoption of Introduction report).

Sponsors

Sponsorship breakdown

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1 sponsors · 20 co-sponsors · 130 not signed on

Sponsors (1)

Co-sponsors (20)

Not signed on (130)

130 members have not signed on to this bill.

Show all 130 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 95 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 26000
Democrat 46002
Unaffiliated 23100
Total 95102
% of votes cast 97%1%0%2%
How each member voted (98)
Member Party Vote
Chambers — Yea
Chandler — Yea
Chopp — Yea
Cody — Yea
Dolan — Yea
Gilday — Yea
Harris-Talley — Yea
Hoff — Yea
Kirby — Yea
Klippert — Yea
Kraft — Nay
Kretz — Yea
Maycumber — Yea
McCaslin — Yea
Mosbrucker — Yea
Robertson — Yea
Sells — Yea
Sullivan — Yea
Sutherland — Yea
Vick — Yea
Wicks — Yea
Wilcox — Yea
Young — Yea
Johnson, J. — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Bill Ramos Democrat Yea
Cindy Ryu Democrat Yea
Dan Bronoske Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Not Voting
Jamila Taylor Democrat Yea
Javier Valdez Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
John Lovick Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Not Voting
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew MacEwen Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jeremie Dufault Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Joel McEntire Republican Yea
Keith Goehner Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Matt Boehnke Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Rob Chase Republican Yea
Skyler Rude Republican Yea
Tom Dent Republican Yea

Official roll call →

Passed 49 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Republican 13000
Democrat 16000
Total 49000
% of votes cast 100%0%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Brown — Yea
Carlyle — Yea
Darneille — Yea
Das — Yea
Ericksen — Yea
Frockt — Yea
Hawkins — Yea
Hobbs — Yea
Honeyford — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Yea
Rivers — Yea
Rolfes — Yea
Sheldon — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Passed 97 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 26000
Democrat 48000
Unaffiliated 23100
Total 97100
% of votes cast 99%1%0%0%
How each member voted (98)
Member Party Vote
Chambers — Yea
Chandler — Yea
Chopp — Yea
Cody — Yea
Dolan — Yea
Gilday — Yea
Harris-Talley — Yea
Hoff — Yea
Kirby — Yea
Klippert — Yea
Kraft — Nay
Kretz — Yea
Maycumber — Yea
McCaslin — Yea
Mosbrucker — Yea
Robertson — Yea
Sells — Yea
Sullivan — Yea
Sutherland — Yea
Vick — Yea
Wicks — Yea
Wilcox — Yea
Young — Yea
Johnson, J. — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Bill Ramos Democrat Yea
Cindy Ryu Democrat Yea
Dan Bronoske Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Javier Valdez Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
John Lovick Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew MacEwen Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jeremie Dufault Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Joel McEntire Republican Yea
Keith Goehner Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Matt Boehnke Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Rob Chase Republican Yea
Skyler Rude Republican Yea
Tom Dent Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 1335?
HB 1335 is sponsored by Harris-Talley, Gerry Pollet (Democrat), Alicia Rule (Democrat), Marcus Riccelli (Democrat), Lisa Callan (Democrat), John Lovick (Democrat), Debra Lekanoff (Democrat), Jessica Bateman (Democrat), Jake Fey (Democrat), Steve Bergquist (Democrat), Gilday, April Berg (Democrat), Lauren Davis (Democrat), Sharon Shewmake (Democrat), Sharon Tomiko Santos (Democrat), Melanie Morgan (Democrat), Joe Fitzgibbon (Democrat), Liz Berry (Democrat), Skyler Rude (Republican), Javier Valdez (Democrat), and Tana Senn (Democrat).
What is the current status of HB 1335?
This bill has been enacted into law. Introduced January 21, 2021. Enacted.
Where can I track HB 1335?
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