North Carolina 2017-2018 Session Status: Enacted Bipartisan · 3 D · 3 R cosponsors

SB 155 — ABC Omnibus Legislation.

Last action — Signed by Gov. 6/30/2017

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

This bill has been enacted into law. Introduced March 01, 2017. 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.

  • 10 sponsors

    2 primary, 8 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 D · 3 R) — cross-party backing.

  • 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.

Bill Text

What changed in the latest version

240 added · 297 removed

Plain-language change summary

In the recent updates to Senate Bill 155, the provisions related to the pricing of spirituous liquor sold in ABC stores and permitted distilleries were clarified. The bill now specifies that the retail price of liquor will be uniform across the state, which means consumers can expect consistent pricing regardless of where they make their purchase. This matters because it aims to create fairness in pricing and reduce confusion for consumers, ensuring everyone pays the same amount for similar products throughout North Carolina.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 2 SENATE BILL 155 Finance Committee Substitute Adopted 5/31/17 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 155 Short Title:
Senators Gunn, Blue, Harrington (Primary Sponsors);
Bryant, Chaudhuri, Ford, J.
Jackson, Lee, Smith-Ingram, and Van Duyn.
March 2, 2017 A BILL TO BE ENTITLED AN ACT TO AMEND ALCOHOLIC BEVERAGE CONTROL PERMITS, TO ALLOW RESTAURANTS TO SELL ALCOHOLIC BEVERAGES BEFORE NOON ON SUNDAYS, SUBJECT TO LOCAL GOVERNMENT APPROVAL, AND TO AUTHORIZE REBATES ON ALCOHOLIC BEVERAGES.
Rules and Operations of the Senate March 2, 2017 A BILL TO BE ENTITLED AN ACT TO AMEND ALCOHOLIC BEVERAGE CONTROL PERMITS AND ALLOW RESTAURANTS TO SELL ALCOHOLIC BEVERAGES BEFORE NOON ON SUNDAYS, SUBJECT TO LOCAL GOVERNMENT APPROVAL.
8 DISTILLERY PERMIT AMENDMENTS SECTION 1.(a) G.S.
7 DISTILLERY PERMIT AMENDMENTS SECTION 1.(a) G.S.
The distillery shall use a commonly adopted standard point of sale system to maintain searchable electronic records captured at the point of sale, to include the *S155-v-2* General Assembly Of North Carolina Session 2017 purchaser's name, drivers license number, and date of birth for at least 12 months from the date of purchase.
The distillery shall use a commonly adopted standard point of sale system to maintain searchable electronic records captured at the point of sale, to include the purchaser's name, drivers license *S155-v-1* General Assembly Of North Carolina Session 2017 number, and date of birth for at least 12 months from the date of purchase.
Page 2 Senate Bill 155-Second Edition General Assembly Of North Carolina Session 2017 "§ 18B-800.
"§ 18B-800.
(a) Spirituous Liquor.
Page 2 Senate Bill 155-First Edition General Assembly Of North Carolina Session 2017 (a) Spirituous Liquor.
…." SECTION 1.(d) The Alcoholic Beverage Control Commission shall adopt temporary rules to amend its rules consistent with this section.
...." SECTION 1.(d) The Alcoholic Beverage Control Commission shall adopt temporary rules to amend its rules consistent with this section.
9 CREATE SPIRITUOUS LIQUOR SPECIAL EVENT PERMIT TO ALLOW DISTILLERIES TO GIVE FREE TASTINGS SECTION 2.(a) G.S.
8 CREATE SPIRITUOUS LIQUOR SPECIAL EVENT PERMIT TO ALLOW DISTILLERIES TO GIVE FREE TASTINGS SECTION 2.(a) G.S.
Consumption at such a place shall be unlawful unless the establishment has a permit authorizing consumption on the premises as well as sale.
Consumption at such a place shall be unlawful unless the establishment has a permit authorizing consumption on the premises as well as sale.sale or a consumer tasting authorized by G.S.
18B-1114.7 is being conducted at the ABC store.
On the premises of an ABC store, orstore.
On the premises of an ABC store, orstore, unless a consumer tasting authorized by G.S.
18B-1114.7 is being conducted at the ABC store.
Senate Bill 155-Second Edition Page 3 General Assembly Of North Carolina Session 2017 (21) Malt beverage wholesaler permit – $300.00.
Senate Bill 155-First Edition Page 3 General Assembly Of North Carolina Session 2017 (21) Malt beverage wholesaler permit – $300.00.
– The holder of a supplier representative permit, brokerage representative permit, or distillery permit issued under G.S.
– The holder of a distillery permit issued under G.S.
18B-1105 may obtain a spirituous liquor special event permit allowing the permittee to give free tastings of its spirituous liquors at trade shows, conventions, shopping malls, street festivals, holiday festivals, agricultural festivals, balloon races, local fund-raisers, and other similar events approved by the Commission.
18B-1105 may obtain a spirituous liquor special event permit allowing the permittee to give free tastings of its spirituous liquors at ABC stores, trade shows, conventions, shopping malls, street festivals, holiday festivals, agricultural festivals, balloon races, local fund-raisers, and other similar events approved by the Commission.
(1) The permit holder or the permit holder's authorized agent shall conduct the consumer tasting and the permit holder shall be solely responsible for any violations of this Chapter occurring in connection with the consumer tasting.
(1) The permit holder shall conduct the consumer tasting and shall be solely responsible for any violations of this Chapter occurring in connection with the consumer tasting.
(2) The spirituous liquor shall be poured only by either (i) the permit holder conducting the consumer tasting or (ii) an employee or authorized agent of the permit holder conducting the consumer tasting who is at least 21 years of age.
(2) The spirituous liquor shall be poured only by either (i) the permit holder conducting the consumer tasting or (ii) an employee of the permit holder conducting the consumer tasting who is at least 21 years of age.
(3) Each consumer shall be limited to one 0.25 ounce tasting sample of any product made available for sampling at the consumer tasting, and the total amount of the tasting samples offered to and consumed by each consumer shall not exceed 1.0 ounce of spirituous liquor in any calendar day.
(3) Each consumer shall be limited to one 0.25 ounce tasting sample of any product made available for sampling at the consumer tasting, and the total amount of the tasting samples offered to and consumed by each consumer shall not exceed 1.5 ounces of spirituous liquor in any calendar day.
Page 4 Senate Bill 155-Second Edition General Assembly Of North Carolina Session 2017 (5) The permit holder shall not offer tasting samples to, or allow consumption of tasting samples by, any consumer under the legal age for consuming spirituous liquor.
(5) The permit holder shall not offer tasting samples to, or allow consumption of tasting samples by, any consumer under the legal age for consuming spirituous liquor.
The person pouring the spirituous liquor shall be responsible for verifying the age of the consumer being served by checking the identification of the consumer.
The person pouring the spirituous liquor shall be responsible for Page 4 Senate Bill 155-First Edition General Assembly Of North Carolina Session 2017 verifying the age of the consumer being served by checking the identification of the consumer.
The permit holder shall allow the ABC Commission to inspect those records at any time." ALLOW SALE OF SPECIFIED ALCOHOLIC BEVERAGES AT AUCTION BY LICENSED AUCTIONEERS SECTION 3.(a) G.S.
The permit holder shall allow the ABC Commission to inspect those records at any time.
(13) For tastings conducted in an ABC store, the local board may impose additional conditions.
Any additional conditions shall be in writing, and the local board shall post notice of the additional conditions at the local board's administrative offices and at all of the ABC stores within the local board's system.
(c) Consideration Prohibited.
– Except as otherwise provided under this section, a permit holder conducting a consumer tasting under this section at an ABC store shall not provide any consideration to the local board, its board members, or its employees for any purpose related to the consumer tasting.
A consumer tasting shall not be used by permit holders for unlawful inducements to a local board." ALLOW SALE OF ALCOHOLIC BEVERAGES AT AUCTION BY LICENSED AUCTIONEERS SECTION 3.(a) G.S.
… (f) Permits Not Dependent on Elections.
...
(f) Permits Not Dependent on Elections.
(7) The permits authorized by G.S.
Senate Bill 155-First Edition Page 5 General Assembly Of North Carolina Session 2017 (7) The permits authorized by G.S.
Senate Bill 155-Second Edition Page 5 General Assembly Of North Carolina Session 2017 (8) The permits authorized by G.S.
(8) The permits authorized by G.S.
18B-1002.1." SECTION 3.(b) G.S.
18B-1002.1." SECTION 3.(b) Article 10 of Chapter 18B of the General Statutes is amended by adding a new section to read:
18B-1002(a)(4) reads as rewritten:
"(a) Kinds of Permits.
– In addition to the other permits authorized by this Chapter, the Commission may issue permits for the following activities:
… (4) A permit may be issued to a collector of wine orwine, decorative decanters of spirituous liquor liquor, or antique spirituous liquor authorizing that person to bring into the State, transport, or possess as a collector, a greater amount of those alcoholic beverages than is otherwise authorized by this Chapter, or to sell those alcoholic beverages in a manner prescribed by the Commission.
…." SECTION 3.(c) Article 10 of Chapter 18B of the General Statutes is amended by adding a new section to read:
– A permit may be issued upon application to an auction firm or auctioneer licensed by the North Carolina Auctioneers Commission pursuant to Chapter 85B of the General Statutes to allow the licensed auction firm or auctioneer to sell at auction items described in G.S.
– A permit may be issued upon application to an auction firm or auctioneer licensed by the North Carolina Auctioneers Commission pursuant to Chapter 85B of the General Statutes to allow the licensed auction firm or auctioneer to sell any quantity of malt beverages, unfortified wine, fortified wine, and spirituous liquors at auction.
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18B-1002(a)(4).
A permit to sell malt beverages, unfortified wine, or fortified wine at auction shall only be issued in jurisdictions that allow the sale of malt beverages, unfortified wine, or fortified wine, respectively.
A permit to sell spirituous liquor at auction shall be issued only in a jurisdiction that has approved the establishment of ABC stores.
The Commission shall deny an application for a one-time special auction permit only if (i) the applicant is ineligible to hold an ABC permit pursuant to G.S.
18B-900 or (ii) the jurisdiction where the auction will be held has not approved the sale of the type of alcoholic beverages to be sold at auction.
– Denial or revocation of a permit under this section shall not entitle the applicant or permittee to a hearing under Chapter 150B of the General Statutes." SECTION 3.(d) This section becomes effective October 1, 2017.
– Denial or revocation of a permit under this section shall not entitle the applicant or permittee to a hearing under Chapter 150B of the General Statutes." SECTION 3.(c) This section becomes effective October 1, 2017.
ALLOW THE SALE OF ALCOHOLIC BEVERAGES BEFORE NOON ON SUNDAYS, SUBJECT TO LOCAL GOVERNMENT APPROVAL SECTION 4.(a) G.S.
ALLOW RESTAURANTS TO SELL ALCOHOLIC BEVERAGES BEFORE NOON ON SUNDAYS, SUBJECT TO LOCAL GOVERNMENT APPROVAL SECTION 4.(a) G.S.
… (c) Sunday Hours.
...
(c) Sunday Hours.
Hours of certain alcohol sales.
Hours of certain alcohol sales at restaurants.
18B-1004(c), a county may adopt an ordinance allowing for the sale of malt beverages, unfortified wine, fortified wine, and mixed beverages beginning at 10:00 A.M.
18B-1004(c), a county may adopt an ordinance allowing licensed restaurants to sell alcoholic beverages for on-premises consumption beginning at 10:00 A.M.
on Sunday pursuant to the licensed premises' permit issued under G.S.
on Sunday morning pursuant to the restaurant's on-premises malt beverage permit, on-premises unfortified wine permit, on-premises fortified wine permit, or mixed beverages permit." SECTION 4.(c) Article 8 of Chapter 160A of the General Statutes is amended by adding a new section to read:
18B-1001." SECTION 4.(c) Article 8 of Chapter 160A of the General Statutes is amended by adding a new section to read:
Hours of certain alcohol sales.
Hours of certain alcohol sales at restaurants.
Page 6 Senate Bill 155-Second Edition General Assembly Of North Carolina Session 2017 In accordance with G.S.
In accordance with G.S.
18B-1004(c), a city may adopt an ordinance allowing for the sale of malt beverages, unfortified wine, fortified wine, and mixed beverages beginning at 10:00 A.M.
18B-1004(c), a city may adopt an ordinance allowing licensed restaurants to sell alcoholic beverages for on-premises consumption beginning at 10:00 A.M.
on Sunday pursuant to the licensed premises' permit issued under G.S.
on Page 6 Senate Bill 155-First Edition General Assembly Of North Carolina Session 2017 Sunday morning pursuant to the restaurant's on-premises malt beverage permit, on-premises unfortified wine permit, on-premises fortified wine permit, or mixed beverages permit." EFFECTIVE DATE SECTION 5.
18B-1001." 5 AUTHORIZE REBATES SECTION 5.(a) G.S.
75-40(b) reads as rewritten:
"(b) Rebate forms shall include the telephone number or e-mail address of the person, firm, or corporation that is offering the rebate.rebate, or that person, firm, or corporation's designated agent.
Rebate forms shall also include all of the following conspicuously printed on the rebate form:
(1) The terms of the rebate.
(2) Requirements for a valid claim, including any additional information to be submitted with the rebate form.
(3) The expiration date of the rebate offer, if applicable." SECTION 5.(b) No later than December 31, 2017, the Alcoholic Beverage Control Commission shall amend the Commission's rules, including, without limitation, the provisions of 14B NCAC 15B .1013 and 14B NCAC 15B .1004, to permit all of the following:
(1) The offering, promotion, receipt, delivery, use, fulfillment, and redemption of rebate offers by or among members of the alcoholic beverage industry, retailers, producers, and manufacturers to consumers and retailers, or other members of the alcoholic beverage industry, for (i) the purchase of alcoholic beverages from persons authorized to sell alcoholic beverages in the State in unopened containers for consumption off-premises and (ii) for the purchase of alcoholic beverages from retail permittees, whether in unopened or opened containers, for consumption on-premises.
(2) Cooperation by and among industry members, retailer, producers, and manufacturers in the offering, promotion, receipt, delivery, use, fulfillment, and redemption of such rebate offers, including compensation of any such party in connection with promotion or other cooperation.
(3) Rebate offers to be issued, displayed, and promoted through any media, including, without limitation, through direct mail, print advertisements, broadcast media, or electronic means.
(4) On-premise promotion of rebate offers and delivery of any required notices to consumers by a retail permittee at the point-of-sale of alcoholic beverages.
(5) Submission of rebate redemption requests through any media, including, without limitation, through postal mail, electronic mail, or other electronic means, such as Internet Web sites or software applications, including mobile applications.
(6) Fulfillment of rebate redemption requests and payment of rebate funds through electronic payment mechanisms or postal mail.
SECTION 5.(c) No later than December 31, 2017, the Alcoholic Beverage Control Commission shall amend the Commission's rules to eliminate any rule or requirement that does any of the following:
(1) Requires rebate offers to be made, promoted, received, delivered, used, fulfilled, or redeemed (i) exclusively in paper form, (ii) only with respect to unopened containers or only with respect to purchases of alcoholic beverages for off-premise consumption, or (iii) only for alcoholic beverages purchased from a local ABC store.
(2) Requires rebate offers be for purchase throughout the State.
(3) Restricts the value of a rebate offer to less than the full value of the purchase price.
Senate Bill 155-Second Edition Page 7 General Assembly Of North Carolina Session 2017 (4) Prohibits offers and advertisements of "2 for 1," "buy 1 get 1 free," "buy 1 get another for a ___ (nickel, penny, etc.)," and any other similar statement.
SECTION 5.(d) If the Commission fails to modify the Commission's rules in compliance with subsections (b) and (c) of this section by December 31, 2017, the Commission shall be precluded from enforcing any penalties against any person who, on or after that date, in good faith, offers, promotes, receives, delivers, uses, fulfills, or redeems refund offers through electronic means.
9 EFFECTIVE DATE SECTION 6.
Page 8 Senate Bill 155-Second Edition
Senate Bill 155-First Edition Page 7
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Action History

  1. Signed by Gov. 6/30/2017

  2. Ch. SL 2017-87

  3. Ratified

  4. Pres. To Gov. 6/29/2017

  5. Special Message Sent To Senate

  6. Special Message Received For Concurrence in H Com Sub

  7. Placed on Today's Calendar

  8. Concurred In H/Com Sub

  9. Ordered Enrolled

  10. Amend Adopted A1

  11. Amend Failed A2

  12. Passed 2nd Reading

  13. Passed 3rd Reading

  14. Ordered Engrossed

  15. Reptd Fav Com Sub 2

  16. Cal Pursuant Rule 36(b)

  17. Placed On Cal For 06/27/2017

  18. Reptd Fav Com Substitute

  19. Re-ref Com On Finance

  20. Passed 1st Reading

  21. Ref to the Com on Alcoholic Beverage Control, if favorable, Finance

  22. Regular Message Sent To House

  23. Regular Message Received From Senate

  24. Reptd Fav

  25. Placed on Today's Calendar

  26. Passed 2nd Reading

  27. Passed 3rd Reading

  28. Reptd Fav Com Substitute

  29. Com Substitute Adopted

  30. Re-ref Com On Rules and Operations of the Senate

  31. Reptd Fav

  32. Re-ref Com On Finance

  33. Withdrawn From Com

  34. Re-ref to Commerce and Insurance. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

  35. Passed 1st Reading

  36. Ref To Com On Rules and Operations of the Senate

  37. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 8 co-sponsors · 169 not signed on · 24 voted No

Sponsors (2)

Co-sponsors (8)

Not signed on (169)

169 members have not signed on to this bill.

Show all 169 →

"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

Motion 9 To Concur

Passed 37 Yea · 9 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 5002
Unaffiliated 26601
Republican 6301
Total 37904
% of votes cast 74%18%0%8%
How each member voted (50)
Member Party Vote
McKissick — Yea
Randleman — Nay
Tillman — Yea
Woodard — Not Voting
Ballard — Yea
Barefoot — Yea
Brock — Nay
Curtis — Yea
Foushee — Yea
J.Jackson — Yea
Smith — Yea
VanDuyn — Yea
Brown — Yea
J.Davis — Yea
B.Jackson — Yea
Newton — Yea
D.Davis — Nay
Barringer — Yea
Bishop — Yea
Bryant — Yea
Dunn — Yea
Edwards — Yea
Gunn — Yea
Harrington — Yea
Horner — Nay
Krawiec — Yea
Meredith — Nay
Pate — Yea
Rabin — Yea
Tarte — Yea
Wade — Yea
Wells — Yea
Tucker — Nay
Amanda P. Cook Democratic Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Not Voting
Jay J. Chaudhuri Democratic Not Voting
Joyce Waddell Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Carl Ford Republican Not Voting
Danny Earl Britt, Jr. Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Nay
Phil Berger Republican Yea
Ralph Hise Republican Nay
Tom McInnis Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Nay

Official roll call →

Second Reading

Passed 73 Yea · 40 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 531805
Democratic 12300
Republican 81901
U 0001
Total 734007
% of votes cast 61%33%0%6%
How each member voted (120)
Member Party Vote
McGrady — Yea
Michaux — Not Voting
Millis — Nay
Presnell — Nay
Steinburg — Not Voting
Szoka — Yea
Zachary — Not Voting
Autry — Yea
Beasley — Yea
Boles — Nay
Dobson — Nay
Earle — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Fraley — Yea
Garrison — Yea
Gill — Yea
Henson — Nay
G.Adcock — Yea
L.Bell — Yea
DuaneHall — Yea
G.Graham — Yea
Jackson — Yea
G.Martin — Yea
R.Moore — Yea
B.Richardson — Yea
W.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
Brawley — Yea
Black — Yea
Boswell — Yea
Bradford — Yea
Bumgardner — Yea
Conrad — Yea
Dulin — Yea
Faircloth — Yea
Goodman — Yea
Grange — Yea
Hanes — Yea
Hardister — Yea
Holley — Yea
Hunter — Yea
Insko — Yea
Lucas — Yea
Terry — Yea
Wray — Yea
Johnson — Yea
Malone — Yea
S.Martin — Yea
T.Moore(Speaker) — Yea
Stone — Yea
C.Graham — Nay
BertJones — Nay
DestinHall — Nay
K.Hall — Nay
R.Turner — Not Voting
BrendenJones — Not Voting
Burr — Nay
Cleveland — Nay
Collins — Nay
Dollar — Nay
Elmore — Nay
Horn — Yea
Hurley — Nay
Jordan — Nay
Lewis — Yea
McElraft — Yea
McNeill — Nay
Murphy — Yea
Rogers — Yea
Saine — Yea
Speciale — Nay
Williams — Yea
Yarborough — Yea
Amos L. Quick, III Democratic Nay
Becky Carney Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Nay
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Nay
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Carl Ford Republican Nay
Dean Arp Republican Nay
Dennis Riddell Republican Nay
Donna McDowell White Republican Nay
Donny Lambeth Republican Nay
Frank Iler Republican Nay
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Nay
Jimmy Dixon Republican Nay
John A. Torbett Republican Nay
John M. Blust Republican Nay
John Sauls Republican Nay
Julia C. Howard Republican Nay
Kelly E. Hastings Republican Not Voting
Kevin Corbin Republican Yea
Larry C. Strickland Republican Nay
Larry W. Potts Republican Nay
Mark Brody Republican Nay
Mike Clampitt Republican Nay
Mitchell S. Setzer Republican Nay
Phil Shepard Republican Nay
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Nay
Carla D. Cunningham U Not Voting

Official roll call →

Subjects

public-safety agriculture
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Frequently asked questions

Who sponsors SB 155?
SB 155 is sponsored by Van Duyn, Harrington, Gunn, Jay J. Chaudhuri (Democratic), Bryant, Dan Blue (Democratic), Carl Ford (Republican), Brent Jackson (Republican), Michael V. Lee (Republican), and Kandie D. Smith (Democratic).
What is the current status of SB 155?
This bill has been enacted into law. Introduced March 01, 2017. Enacted.
Where can I track SB 155?
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