FARMERS' MARKET RETAIL PERMIT
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SB 3838 — FARMERS' MARKET RETAIL PERMIT
Last action — Public Act . . . . . . . . . 102-0862
No card. One bill, free forever — alerts when it moves.
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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 21, 2022. 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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21 sponsors
2 primary, 19 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (11 R · 8 D) — cross-party backing.
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Cleared a recorded vote
Passed 2 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
Amends the Food Handling Regulation Enforcement Act. Provides that a farmer who sells meat, poultry, eggs, or dairy products from the premises of the farmer's farm is exempt from licensing by the farmer's local health department under specified conditions. Provides that local health departments may issue Farmers' Market Retail Permits for the sale of products at farmers' markets and at semi-permanent events not to exceed 100 days of operation in a calendar year. Provides that a Farmers' Market Retail Permit shall be valid for one year and that the fee for obtaining a Farmers' Market Retail Permit shall not exceed $150. Removes provisions regarding administrative rules, produce, and food products for farmers' markets. Contains other provisions. Effective January 1, 2023. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Food Handling Regulation Enforcement Act. In provisions regarding farmers' markets, removes language regarding administrative rules. Provides that a farmer who engages in the sale of specified products shall obtain a Farmers' Market Permit from each local health department of any unit of local government in which a sale takes place and that chooses to require a Farmers' Market Permit. Contains specified requirements that may apply to the permit. Provides that a Farmers' Market Permit shall be valid for one year. Provides that a fee for a limited egg Farmers' Market Permit shall not exceed $75 and a fee for a full Farmers' Market Permit shall not exceed $175. Provides that the fee limits shall be raised by 10% at specified times. Contains procedural requirements for creating, setting, or amending the fee required for a Farmers' Market Permit. Preempts home rule. Removes language listing produce and food products coming within the scope of the provisions. Makes other changes.
Bill Text
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Public Act . . . . . . . . . 102-0862
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Effective Date January 1, 2023
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Governor Approved
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Sent to the Governor
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Added Alternate Co-Sponsor Rep. Paul Jacobs
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Added Alternate Co-Sponsor Rep. Blaine Wilhour
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Passed Both Houses
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Third Reading - Short Debate - Passed 108-000-001
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Added Alternate Co-Sponsor Rep. Joyce Mason
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Added Alternate Co-Sponsor Rep. Seth Lewis
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Added Alternate Co-Sponsor Rep. Martin McLaughlin
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Added Alternate Chief Co-Sponsor Rep. Jonathan Carroll
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Added Alternate Chief Co-Sponsor Rep. Norine K. Hammond
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Added Alternate Co-Sponsor Rep. Natalie A. Manley
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Added Alternate Co-Sponsor Rep. Tony McCombie
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Consumer Protection Committee; 006-000-000
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Added Alternate Co-Sponsor Rep. Andrew S. Chesney
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Added as Co-Sponsor Sen. Celina Villanueva
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Assigned to Consumer Protection Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Thomas M. Bennett
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Arrived in House
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Added as Co-Sponsor Sen. Kimberly A. Lightford
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Third Reading - Passed; 053-000-000
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Placed on Calendar Order of 3rd Reading
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Senate Floor Amendment No. 1 Adopted; Koehler
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Recalled to Second Reading
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Senate Floor Amendment No. 1 Recommend Do Adopt Commerce; 010-000-000
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Sponsor Removed Sen. Craig Wilcox
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Added as Co-Sponsor Sen. Sally J. Turner
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Added as Chief Co-Sponsor Sen. Dale Fowler
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Senate Floor Amendment No. 1 Assignments Refers to Commerce
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Sponsor Removed Sen. Dale Fowler
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Placed on Calendar Order of 3rd Reading February 23, 2022
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Second Reading
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Sponsor Removed Sen. Sally J. Turner
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Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-8 (b-1), the following amendments will remain in the Committee on Assignments.
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Senate Floor Amendment No. 1 Referred to Assignments
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. David Koehler
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Added as Co-Sponsor Sen. Laura Fine
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Added as Co-Sponsor Sen. Terri Bryant
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Added as Co-Sponsor Sen. Doris Turner
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Added as Chief Co-Sponsor Sen. Craig Wilcox
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Added as Chief Co-Sponsor Sen. Dale Fowler
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Placed on Calendar Order of 2nd Reading February 15, 2022
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Do Pass Commerce; 012-000-000
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Added as Co-Sponsor Sen. Jason Plummer
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Added as Co-Sponsor Sen. Sally J. Turner
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Assigned to Commerce
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Added as Co-Sponsor Sen. Mattie Hunter
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. David Koehler
Sponsors
- David Koehler · Primary
- Mattie Hunter · Cosponsor
- Jason Plummer · Cosponsor
- Doris Turner · Cosponsor
- Terri Bryant · Cosponsor
- Laura Fine · Cosponsor
- Sally J. Turner · Cosponsor
- Kimberly A. Lightford · Cosponsor
- Celina Villanueva · Cosponsor
- Thomas M. Bennett · Primary
- Norine K. Hammond · Cosponsor
- Jonathan Carroll · Cosponsor
- Andrew S. Chesney · Cosponsor
- Tony M. McCombie · Cosponsor
- Natalie A. Manley · Cosponsor
- Martin McLaughlin · Cosponsor
- Seth Lewis · Cosponsor
- Joyce Mason · Cosponsor
- Blaine Wilhour · Cosponsor
- Paul Jacobs · Cosponsor
- Dale Fowler · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 19 co-sponsors · 162 not signed on
Sponsors (2)
- David Koehler Democrat
- Thomas M. Bennett
Co-sponsors (19)
- Mattie Hunter Democrat
- Jason Plummer Republican
- Doris Turner Democrat
- Terri Bryant Republican
- Laura Fine Democrat
- Sally J. Turner Republican
- Kimberly A. Lightford Democrat
- Celina Villanueva Democrat
- Norine K. Hammond Republican
- Jonathan Carroll
- Andrew S. Chesney Republican
- Tony M. McCombie Republican
- Natalie A. Manley Democrat
- Martin McLaughlin Republican
- Seth Lewis Republican
- Joyce Mason Democrat
- Blaine Wilhour Republican
- Paul Jacobs Republican
- Dale Fowler Republican
Not signed on (162)
162 members have not signed on to this bill.
Show all 162 →"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 |
|---|---|---|---|---|
| Democrat | 47 | 0 | 0 | 7 |
| Unaffiliated | 36 | 0 | 0 | 2 |
| Republican | 25 | 0 | 0 | 1 |
| Total | 108 | 0 | 0 | 10 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Burke | — | Yea |
| Butler | — | Yea |
| Carroll | — | Yea |
| Sommer | — | Yea |
| Hurley | — | Yea |
| Caulkins | — | Yea |
| Jones | — | Yea |
| Conroy | — | Yea |
| Stoneback | — | Yea |
| Luft | — | Yea |
| Davis | — | Yea |
| Marron | — | Yea |
| Demmer | — | Yea |
| Welter | — | Yea |
| Mazzochi | — | Yea |
| Wheeler | — | Yea |
| Flowers | — | Yea |
| Frese | — | Yea |
| Willis | — | Yea |
| Yednock | — | Yea |
| Yingling | — | Yea |
| Zalewski | — | Yea |
| Greenwood | — | Yea |
| Durkin | — | Not Voting |
| Ramirez | — | Not Voting |
| Nichols | — | Yea |
| Ozinga | — | Yea |
| Batinick | — | Yea |
| Hamilton | — | Yea |
| Bennett | — | Yea |
| Bos | — | Yea |
| Bourne | — | Yea |
| Robinson | — | Yea |
| Harris | — | Yea |
| Brady | — | Yea |
| Costa Howard | — | Yea |
| Williams, Jawaharial | — | Yea |
| Yang Rohr | — | Yea |
| Aarón M. Ortíz | Democrat | Yea |
| Angelica Guerrero-Cuellar | Democrat | Yea |
| Ann M. Williams | Democrat | Yea |
| Anna Moeller | Democrat | Yea |
| Anne Stava | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Barbara Hernandez | Democrat | Not Voting |
| Bob Morgan | Democrat | Yea |
| Camille Y. Lilly | Democrat | Not Voting |
| Carol Ammons | Democrat | Not Voting |
| Curtis J. Tarver, II | Democrat | Not Voting |
| Dagmara Avelar | Democrat | Yea |
| Daniel Didech | Democrat | Yea |
| Dave Vella | Democrat | Yea |
| Debbie Meyers-Martin | Democrat | Not Voting |
| Edgar González, Jr. | Democrat | Yea |
| Elizabeth "Lisa" Hernandez | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Jennifer Gong-Gershowitz | Democrat | Yea |
| Joyce Mason | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Justin Slaughter | Democrat | Not Voting |
| Kam Buckner | Democrat | Yea |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Lindsey LaPointe | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Margaret Croke | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Maura Hirschauer | Democrat | Yea |
| Maurice A. West, II | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Not Voting |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Suzanne M. Ness | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| Adam M. Niemerg | Republican | Yea |
| Amy Elik | Republican | Yea |
| Amy L. Grant | Republican | Yea |
| Andrew S. Chesney | Republican | Yea |
| Blaine Wilhour | Republican | Yea |
| Brad Halbrook | Republican | Yea |
| Brad Stephens | Republican | Not Voting |
| Charles Meier | Republican | Yea |
| Chris Miller | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Daniel J. Ugaste | Republican | Yea |
| Dave Severin | Republican | Yea |
| David Friess | Republican | Yea |
| Jackie Haas | Republican | Yea |
| Jeff Keicher | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| Martin McLaughlin | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Patrick Windhorst | Republican | Yea |
| Paul Jacobs | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Seth Lewis | Republican | Yea |
| Steven Reick | Republican | Yea |
| Tom Weber | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 25 | 0 | 0 | 1 |
| Republican | 12 | 0 | 0 | 2 |
| Unaffiliated | 16 | 0 | 0 | 2 |
| Total | 53 | 0 | 0 | 5 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (58)
| Member | Party | Vote |
|---|---|---|
| Bailey | — | Yea |
| Stoller | — | Yea |
| Barickman | — | Yea |
| Gillespie | — | Yea |
| Muñoz | — | Yea |
| Harris | — | Yea |
| Bush | — | Yea |
| Pacione-Zayas | — | Yea |
| Johnson | — | Yea |
| Connor | — | Yea |
| Crowe | — | Yea |
| Landek | — | Yea |
| Stewart | — | Not Voting |
| Bennett | — | Not Voting |
| Glowiak Hilton | — | Yea |
| Loughran Cappel | — | Yea |
| Simmons, Mike | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Celina Villanueva | Democrat | Yea |
| Christopher Belt | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Doris Turner | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Karina Villa | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura Ellman | Democrat | Not Voting |
| Laura Fine | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Ram Villivalam | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robert Peters | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Craig Wilcox | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Donald P. DeWitte | Republican | Not Voting |
| Jason Plummer | Republican | Yea |
| Jil Tracy | Republican | Yea |
| John F. Curran | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sally J. Turner | Republican | Not Voting |
| Steve McClure | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Terri Bryant | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 3838 do?
- Amends the Food Handling Regulation Enforcement Act. Provides that a farmer who sells meat, poultry, eggs, or dairy products from the premises of the farmer's farm is exempt from licensing by the farmer's local health department under specified conditions. Provides that local health departments may issue Farmers' Market Retail Permits for the sale of products at farmers' markets and at semi-permanent events not to exceed 100 days of operation in a calendar year. Provides that a Farmers' Market Retail Permit shall be valid for one year and that the fee for obtaining a Farmers' Market Retail Permit shall not exceed $150. Removes provisions regarding administrative rules, produce, and food products for farmers' markets. Contains other provisions. Effective January 1, 2023. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Food Handling Regulation Enforcement Act. In provisions regarding farmers' markets, removes language regarding administrative rules. Provides that a farmer who engages in the sale of specified products shall obtain a Farmers' Market Permit from each local health department of any unit of local government in which a sale takes place and that chooses to require a Farmers' Market Permit. Contains specified requirements that may apply to the permit. Provides that a Farmers' Market Permit shall be valid for one year. Provides that a fee for a limited egg Farmers' Market Permit shall not exceed $75 and a fee for a full Farmers' Market Permit shall not exceed $175. Provides that the fee limits shall be raised by 10% at specified times. Contains procedural requirements for creating, setting, or amending the fee required for a Farmers' Market Permit. Preempts home rule. Removes language listing produce and food products coming within the scope of the provisions. Makes other changes.
- Who sponsors SB 3838?
- SB 3838 is sponsored by David Koehler (Democrat), Mattie Hunter (Democrat), Jason Plummer (Republican), Doris Turner (Democrat), Terri Bryant (Republican), Laura Fine (Democrat), Sally J. Turner (Republican), Kimberly A. Lightford (Democrat), Celina Villanueva (Democrat), Thomas M. Bennett, Norine K. Hammond (Republican), Jonathan Carroll, Andrew S. Chesney (Republican), Tony M. McCombie (Republican), Natalie A. Manley (Democrat), Martin McLaughlin (Republican), Seth Lewis (Republican), Joyce Mason (Democrat), Blaine Wilhour (Republican), Paul Jacobs (Republican), and Dale Fowler (Republican).
- What is the current status of SB 3838?
- This bill has been enacted into law. Introduced January 21, 2022. Enacted.
- Where can I track SB 3838?
- Track SB 3838 free on One Click Politics — get push/email alerts when it moves.
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