SB 152 — CYFD INVESTIGATIONS & BACKGROUND CHECKS
Last action — Signed
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 22, 2024. Enacted.
Signed by Governor Michelle Lujan Grisham (Democratic) on March 01, 2024.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
267 added · 460 removedPlain-language change summary
The updated version of SB 152 primarily focuses on enhancing background check procedures for individuals seeking employment or volunteer positions in early childhood education and care settings. It specifies that applicants, employees, and volunteers at licensed child care facilities or homes that care for children for twenty hours or more per week must undergo a criminal history investigation. This change aims to ensure a safer environment for children by verifying the suitability of individuals who work closely with them.
SENATEAN BILLACT 152RELATING 56THTO LEGISLATUREBACKGROUND -CHECKS; STATE OF NEW MEXICO - SECOND SESSION , 2024 INTRODUCED BY Siah Correa Hemphill This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
TheAMENDING documentTHE isCRIMINAL aHISTORY toolINVESTIGATION toPROCEDURES showFOR amendmentsTHE inEARLY contextCHILDHOOD andEDUCATION cannotAND beCARE usedDEPARTMENT forAND theTHE purposeCHILDREN, ofYOUTH addingAND amendmentsFAMILIES toDEPARTMENT; legislation.
h AN ACT g o RELATING TO BACKGROUND CHECKS;
AMENDING THE CRIMINAL HISTORY t hr g e i k INVESTIGATION PROCEDURES FOR THE EARLY CHILDHOOD EDUCATION AND h r i s CARE DEPARTMENT AND THE CHILDREN, YOUTH AND FAMILIES h , t, DEPARTMENT;
e u g e b l e e h PROVIDING DEFINITIONS;
n8 d d i = = o h l ] b ,d i a º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
r i = r t e w d m a n o SECTION 1.
Section 9-29-8.1 NMSA 1978 (being Laws 2022, dChapter m30, :Section 4, as amended) is amended to read:
b e d s º o t n = .226948.5SAAIC February 2, 2024 (6:07pm) s k m e e a n e d r e l u [ A d Chapter 30, Section 4, as amended) is amended to read:
CRIMINAL HISTORY INVESTIGATIONS--PROCEDURES--INVESTIGATIONS-- CONFIDENTIALITY--VIOLATION--PENALTY.--PROCEDURES--CONFIDENTIALITY--VIOLATION--PENALTY.-- A.
To investigate the suitability of an applicant for licensure as a licensed child care facility, registration as a child care home program or for employment or volunteering at a licensed child care facility or registered child care home, including any facility or program that has primary custody of infants, toddlers and children for twenty hours or more per week, or for employees and volunteers of the department and employees and volunteers of department-department-contracted contracted providers, the department shall have access to criminal history records information furnished by the department of public safety and the federal bureau of investigation, subject to any restrictions imposed by federal SB 152 law.
hPage 1 B.
An applicant for a child care facility license u » r or registration or for employment or volunteering at a licensed t h g e l i child care facility or registered child care home or employees h r i s and volunteers of the department and employees and volunteers h , e h of department-contracted providers shall undergo a state and t u g e b l e e , gh national criminal history records check, and the applicant n d d i = = o h shall submit an electronic set of fingerprints to the l ] b ,d i a º r department of public safety for that purpose.
The department eof rpublic =safety tshall econduct wa dcheck mof astate ncriminal ohistory ofrecords publicand safetyforward shallthe conductfingerprints to the federal bureau of investigation for a national criminal history records check to determine the existence and content of records of convictions and arrests in this state or other law enforcement jurisdictions and to generate a criminal dhistory mrecords :check in accordance with rules of the department of public safety and regulations of the federal bureau of investigation.
b r e t º o t n = .226948.5SAAIC February 2, 2024 (6:07pm) s k m e - 2 - e a n e d r e l u [ A d history records and forward the fingerprints to the federal bureau of investigation for a national criminal history records check to determine the existence and content of records of convictions and arrests in this state or other law enforcement jurisdictions and to generate a criminal history records check in accordance with rules of the department of public safety and regulations of the federal bureau of investigation.
The department shall promulgate rules for the investigation and determination of SB 152 Page 2 qualifications.
h C.
Criminal history information obtained by the u » r department is confidential and shall be used only for the t h g e l i purpose of determining the suitability for licensure, h r i s employment or volunteer service and shall not be disclosed to h , e h anyone other than public employees directly involved in the t u g e b l e e , gh decision affecting the applicant.
n d d i = = o h D.
A person who releases or discloses criminal l ] b ,d i a º r history records or information contained in those records in eviolation rof =the tprovisions eof wthis dsection mis aguilty nof oa violationmisdemeanor ofand theshall provisionsbe ofsentenced thisin sectionaccordance iswith guiltythe provisions of aSection d31-19-1 mNMSA :1978." SECTION 2.
b r e t º o t n = .226948.5SAAIC February 2, 2024 (6:07pm) s k m e - 3 - e a n e d r e l u [ A d misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978." SECTION 2.
State and national criminal history records checks shall be conducted on all operators, [staff ] employees, student interns and volunteers and prospective operators, [staff] employees, student interns and volunteers of [child care facilities, including] every facility or program that has primary custody of children for twenty hours or more per week, and juvenile detention facilities, juvenile correction facilities or treatment facilities.
State and national criminal history records checks shall also SB 152 Page 3 be conducted on all h prospective foster or adoptive parents and other adult g o t hr relatives and non-relatives residing in the prospective foster g e i k or adoptive parent's household.
The objective of conducting h r i s the records checks is to protect the children involved and h , t, promote the children's safety and welfare while receiving e u g e b l e e h service from the facilities and programs.
nB. d d i = = o h [B.
TheFor earlypurposes childhoodof educationinvestigating andthe caresuitability lof ]persons benumerated ,din iSubsection aA ºof ethis section, the department shall have access to criminal history records information onfurnished rby ithe =department rof tpublic esafety wand dthe mfederal abureau nof oinvestigation, prospectivesubject andto currentany operators,restrictions staff,imposed employeesby andfederal dlaw. m :
bAs edirected dby sthe ºdepartment, o t n = .226948.5SAAIC February 2, 2024 (6:07pm) s k m e - 4 - e a nperson eenumerated din rSubsection e l u [ A d volunteers of childthis caresection facilities,shall includingsubmit everya facilityset orof programelectronic underfingerprints to the department'sdepartment authority that has primary custody of infants,public toddlerssafety. and children for twenty hours or more per week.
The department of public safety shall conduct a check of state criminal history records and forward the fingerprints to the federal bureau of investigation for a national criminal history records check to determine the existence and content of records of convictions and arrests in this state or other law enforcement jurisdictions and to generate a criminal history records check in accordance with rules of the department and regulations of the federal bureau of investigation.
The department of public safety shall review the information SB 152 Page 4 returned from the criminal history records check and compile and disseminate the criminal history record information to the department, which shall use the information to investigate and determine whether a person is qualified to provide care for a child or be a foster or adoptive parent.
TheCriminal children,history youthrecords obtained pursuant to the provisions of this section are confidential and familiesare departmentnot a public record for purposes of the Inspection of Public Records Act and shall havenot accessbe toused criminalfor historyany informationpurpose on:other than determining suitability for licensure, employment, volunteer service, fostering or adoption.
(1)Criminal prospectivehistory andrecords currentobtained operators,pursuant staff,to employeesthe provisions of this section and volunteersthe ofinformation juvenilecontained detention,in correctionthose orrecords treatmentshall facilitiesnot be released or adisclosed facilityto any other person or programagency, underexcept thepursuant department'sto authoritya thatcourt hasorder primaryor custodywith the written consent of childrenthe forperson twentywho hoursis orthe moresubject perof week;the records.
andD. (2) all prospective foster or adoptive parents or other adult relatives and non-relatives residing in a prospective foster or adoptive parent's household.
D.] B.
For purposes of investigating the suitability of persons enumerated in [Subsections B and C ] h Subsection A of this section, the [early childhood education g o t hr and care department or the children, youth and families] g e i k department [as applicable ] shall have access to criminal h r i s history records information furnished by the department of h , t, public safety and the federal bureau of investigation, subject e u g e b l e e h to any restrictions imposed by federal law.
As directed by the n d d i = = o h [applicable ] department, a person enumerated in Subsection A of l ] b ,d i a º e this section shall submit a set of electronic fingerprints to r i = r t e w d m a n o the department of public safety.
The department of public d m :
b e d s º o t n = .226948.5SAAIC February 2, 2024 (6:07pm) s k m e - 5 - e a n e d r e l u [ A d safety shall conduct a check of state criminal history records and forward the fingerprints to the federal bureau of investigation for a national criminal history records check to determine the existence and content of records of convictions and arrests in this state or other law enforcement jurisdictions and to generate a criminal history records check in accordance with rules of the department and regulations of the federal bureau of investigation.
The department of public safety shall review the information returned from the criminal history records check and compile and disseminate [a response ] the criminal history record information to the [appropriate] department, which shall use the information to investigate and determine whether a person is qualified to provide care for a child or be a foster or adoptive parent.
[E.] C.
Criminal history records obtained pursuant to the provisions of this section are confidential and are not h a public record for purposes of the Inspection of Public u » r Records Act and shall not be used for any purpose other than t h g e l i determining suitability for licensure, employment, volunteer h r i s service, fostering or adoption.
Show all 65 changed lines (25 more)
Criminal history records h , e h obtained pursuant to the provisions of this section and the t u g e b l e e , gh information contained in those records shall not be released or n d d i = = o h disclosed to any other person or agency, except pursuant to a l ] b ,d i a º r court order or with the written consent of the person who is e r = t e w d m a n o the subject of the records.
d m :
b r e t º o t n = .226948.5SAAIC February 2, 2024 (6:07pm) s k m e - 6 - e a n e d r e l u [ A d [F.] D.
(1) "behavior management skills development" means services for children and adolescents with psychological, emotional, behavioral, neurobiological or SB 152 Page 5 substance abuse problems in the home, community or school when such problems are of such severity that highly supportive and structured therapeutic behavioral interventions are required.
(2) "case management" means services provided in order to assist children and adolescents with identifying h and meeting multiple and complex, special physical, cognitive u » r and behavioral health care needs through planning, securing, t h g e l i monitoring, advocating and coordinating services;
h r i s (3) "child placement agency" means an h , e h individual or an entity licensed by the department as an t u g e b l e e , gh adoption agency, foster care agency or both that is undertaking n d d i = = o h to place a child in a home in this or any other state for the l ] b ,d i a º r purpose of providing foster care or adoption services;
e(4) r"comprehensive =community tsupport eservices" wmeans da mvariety aof ninterventions, oprimarily (4)face-to-face "comprehensiveand in community supportlocations, services"that daddress mbarriers :that impede the development of skills necessary to independent functioning in the community;
b(5) r"day etreatment" tmeans ºa ocoordinated tand nintensive =set .226948.5SAAICof Februarystructured 2,individualized 2024therapeutic (6:07pm)SB s152 kPage m6 eservices, -in 7a -school eor a nfacility elicensed dby rthe edepartment, lprovided ufor [children, Aadolescents d means a variety of interventions, primarily face-to-face and intheir communityfamilies locations,who thatare addressliving barriers that impede the development of skills necessary to independent functioning in the community;
(5) "day treatment" means a coordinated and intensive set of structured individualized therapeutic services, in a school or a facility licensed by the department, provided for children, adolescents and their families who are living in the community;
(8) "group home" means mental and behavioral h health services offered in a supervised, licensed facility that u » r provides structured therapeutic group living for children or t h g e l i adolescents with moderate behavioral, psychological, h r i s neurobiological or emotional problems, when clinical history h , e h and opinion establish that the needs of the client cannot be t u g e b l e e , gh met in a less restrictive environment;
n d d i = = o h (9) "intensive outpatient programming" means a l ] b ,d i a º r time-limited, multifaceted approach to treatment services for e r = t e w d m a n o children or adolescents who require structure and support to dachieve mand :sustain recovery;
b(10) r"juvenile ecorrection tfacility" ºmeans othe tphysical nplant =and .226948.5SAAICbuildings Februaryoperated 2,by 2024or (6:07pm)on sbehalf kof mthe ejuvenile -justice 8division -of ethe adepartment nor eany dother rfacility eor llocation udesignated [by Athe djuvenile achievejustice anddivision's sustaindirector recovery;to house or provide care to clients SB 152 Page 7 committed to the custody of the department;
(10) "juvenile correction facility" means the physical plant and buildings operated by or on behalf of the juvenile justice division of the department or any other facility or location designated by the juvenile justice division's director to house or provide care to clients committed to the custody of the department;
(12) "operator" means a person who has any SJCºdirect or indirect»SJC oversight over a facility's or program's employees or day-to-dayday-to- day operations;
(13) "prevention, intervention and reunification services" means prevention awareness, family h support and reunification services for families that are at u » r high risk of child maltreatment;
t h g e l i (14) "primary custody" means that a facility h r i s or program holds temporary or long-term custody or supervision h , e h over children in the absence of a parent or guardian;
t u g e b l e e , gh (15) "program" means behavior management n d d i = = o h skills development, case management, a group home, day ltreatment, ]treatment bfoster ,dcare iservices, a ºchild rplacement treatment,agency, treatmentlicensed fostershelter carecare, comprehensive community support services, aintensive childoutpatient placementprogramming, esupervised rvisitation =and tsafe eexchange wand dchildren, myouth aand nfamilies odepartment agency,contractors licensedand shelterproviders care,receiving comprehensivefunding communityor supportreimbursement dto mprovide :prevention, intervention SB 152 Page 8 and reunification services;
b r e t º o t n = .226948.5SAAIC February 2, 2024 (6:07pm) s k m e - 9 - e a n e d r e l u [ A d services, intensive outpatient programming, supervised visitation and safe exchange and children, youth and families department contractors and providers receiving funding or reimbursement to provide prevention, intervention and reunification services;
(18) "student intern" means a person who is paid or unpaid and is present in a facility or program to work, h observe or gain skills in a particular profession;
u » r (19) "supervised visitation and safe exchange" t h g e l i means a service that provides children and their parents with a h r i s safe, nurturing environment for supervised visitation and h , e h exchange, allowing a child to continue the child's relationship t u g e b l e e , gh with the noncustodial parent without being placed in the middle n d d i = = o h of parental conflicts;
l ] b ,d i a º r (20) "treatment facility" means a residential e r = t e w d m a n o treatment facility or group home;
d(21) m"treatment :foster care services" means a program that provides therapeutic services to children or adolescents who are psychologically or emotionally disturbed SB 152 Page 9 or behaviorally disordered and are placed in a foster family setting;
b r e t º o t n = .226948.5SAAIC February 2, 2024 (6:07pm) s k m e - 10 - e a n e d r e l u [ A d (21) "treatment foster care services" means a program that provides therapeutic services to children or adolescents who are psychologically or emotionally disturbed or behaviorally disordered and are placed in a foster family setting;
-SB 11152 -Page h10 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .226948.5SAAIC February 2, 2024 (6:07pm) s k m e e a n e d r e l u [ A d
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View plain text versions (3)
- Final Version View text Current pdf
- Amended Amendments in Context pdf
- Introduced introduced version pdf
Action History
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Signed
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passed House
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DO PASS committee report adopted
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Sent to House Judiciary Committee
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passed Senate
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DO PASS, as amended, committee report adopted
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DO PASS committee report adopted
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germane
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Sent to Senate Committees' Committee & Senate Education Committee & Senate Judiciary Committee
Sponsors
- Siah Correa Hemphill · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 111 not signed on
Sponsors (1)
- Hemphill, Siah Correa
Co-sponsors (0)
None.
Not signed on (111)
111 members have not signed on to this bill.
Show all 111 →"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 | 13 | 0 | 0 | 1 |
| Democrat | 35 | 0 | 0 | 1 |
| Republican | 20 | 0 | 0 | 0 |
| Total | 68 | 0 | 0 | 2 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (70)
| Member | Party | Vote |
|---|---|---|
| Alcon | — | Yea |
| Allison | — | Yea |
| Castellano | — | Yea |
| Chasey | — | Yea |
| Gallegos | — | Yea |
| Harper | — | Yea |
| Hembree | — | Yea |
| Lane | — | Yea |
| Madrid | — | Yea |
| Rehm | — | Yea |
| Sanchez | — | Yea |
| Hernandez | — | Not Voting |
| De La Cruz | — | Yea |
| Roybal Caballero | — | Yea |
| Andrea Romero | Democrat | Yea |
| Angelica Rubio | Democrat | Yea |
| Charlotte Little | Democrat | Yea |
| Christine Chandler | Democrat | Yea |
| Cristina Parajón | Democrat | Yea |
| Cynthia Borrego | Democrat | Yea |
| D. Wonda Johnson | Democrat | Yea |
| Dayan Hochman-Vigil | Democrat | Yea |
| Debra M. Sariñana | Democrat | Not Voting |
| Derrick J. Lente | Democrat | Yea |
| Eleanor Chávez | Democrat | Yea |
| Elizabeth "Liz" Thomson | Democrat | Yea |
| G. Andrés Romero | Democrat | Yea |
| Janelle Anyanonu | Democrat | Yea |
| Javier Martínez | Democrat | Yea |
| Joanne J. Ferrary | Democrat | Yea |
| Joy Garratt | Democrat | Yea |
| Kathleen Cates | Democrat | Yea |
| Kristina Ortez | Democrat | Yea |
| Leo Jaramillo | Democrat | Yea |
| Linda Serrato | Democrat | Yea |
| Marian Matthews | Democrat | Yea |
| Martha Garcia | Democrat | Yea |
| Matthew McQueen | Democrat | Yea |
| Meredith A. Dixon | Democrat | Yea |
| Micaela Lara Cadena | Democrat | Yea |
| Miguel P. García | Democrat | Yea |
| Natalie Figueroa | Democrat | Yea |
| Nathan P. Small | Democrat | Yea |
| Pamelya Herndon | Democrat | Yea |
| Patricia A. Lundstrom | Democrat | Yea |
| Raymundo Lara | Democrat | Yea |
| Reena Szczepanski | Democrat | Yea |
| Susan K. Herrera | Democrat | Yea |
| Tara L. Lujan | Democrat | Yea |
| Yanira Gurrola | Democrat | Yea |
| Alan T. Martinez | Republican | Yea |
| Andrea Reeb | Republican | Yea |
| Brian G. Baca | Republican | Yea |
| Candy Spence Ezzell | Republican | Yea |
| Cathrynn N. Brown | Republican | Yea |
| Gail Armstrong | Republican | Yea |
| Harlan Vincent | Republican | Yea |
| Jack Chatfield | Republican | Yea |
| James G. Townsend | Republican | Yea |
| Jenifer Jones | Republican | Yea |
| Jimmy G. Mason | Republican | Yea |
| John Block | Republican | Yea |
| Larry R. Scott | Republican | Yea |
| Luis M. Terrazas | Republican | Yea |
| Mark Duncan | Republican | Yea |
| Martin R. Zamora | Republican | Yea |
| Randall T. Pettigrew | Republican | Yea |
| Rod Montoya | Republican | Yea |
| Stefani Lord | Republican | Yea |
| Tanya Mirabal Moya | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 0 |
| Unaffiliated | 18 | 0 | 0 | 0 |
| Democrat | 18 | 0 | 0 | 1 |
| Total | 41 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (42)
| Member | Party | Vote |
|---|---|---|
| BURT | — | Yea |
| GALLEGOS | — | Yea |
| GRIGGS | — | Yea |
| HEMPHILL | — | Yea |
| IVEY-SOTO | — | Yea |
| McCUTCHEON | — | Yea |
| McKENNA | — | Yea |
| MOORES | — | Yea |
| NEVILLE | — | Yea |
| NIBERT | — | Yea |
| O'NEILL | — | Yea |
| PIRTLE | — | Yea |
| RODRIGUEZ | — | Yea |
| SANCHEZ | — | Yea |
| SCHMEDES | — | Yea |
| SEDILLO-LOPEZ | — | Yea |
| TALLMAN | — | Yea |
| ORTIZ y PINO | — | Yea |
| Antonio Maestas | Democrat | Yea |
| Benny Shendo, Jr. | Democrat | Yea |
| Carrie Hamblen | Democrat | Yea |
| Elizabeth "Liz" Stefanics | Democrat | Yea |
| George K. Muñoz | Democrat | Not Voting |
| Harold Pope | Democrat | Yea |
| Jeff Steinborn | Democrat | Yea |
| Joseph Cervantes | Democrat | Yea |
| Katy Duhigg | Democrat | Yea |
| Leo Jaramillo | Democrat | Yea |
| Linda M. López | Democrat | Yea |
| Martin Hickey | Democrat | Yea |
| Michael Padilla | Democrat | Yea |
| Mimi Stewart | Democrat | Yea |
| Pete Campos | Democrat | Yea |
| Peter Wirth | Democrat | Yea |
| Roberto "Bobby" J. Gonzales | Democrat | Yea |
| Shannon D. Pinto | Democrat | Yea |
| William P. Soules | Democrat | Yea |
| Brian G. Baca | Republican | Yea |
| Craig W. Brandt | Republican | Yea |
| Crystal Brantley | Republican | Yea |
| Pat Woods | Republican | Yea |
| William E. Sharer | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 152?
- SB 152 is sponsored by Hemphill, Siah Correa.
- What is the current status of SB 152?
- This bill has been enacted into law. Introduced January 22, 2024. Enacted.
- Where can I track SB 152?
- Track SB 152 free on One Click Politics — get push/email alerts when it moves.
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