North Carolina 2017-2018 Session Status: In Committee Bipartisan · 1 R · 1 D cosponsors

SB 800 — Actually Drain the Swamp.

Last action — Passed 1st Reading

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

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

49 added · 50 removed

Plain-language change summary

The updated version of Senate Bill 800 has added specific language regarding how candidates can request a second primary election, clarifying the process for notifying these candidates. It also emphasizes the importance of including this information on official ballots during the general election. These changes aim to ensure candidates are informed in a timely manner, which can help streamline the election process and enhance transparency for voters.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA May 31, 2018 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 800 Short Title:
800 SESSION 2017 PRINCIPAL CLERK S D SENATE BILL DRS45546-LUxy-130A Short Title:
A BILL TO BE ENTITLED AN ACT TO RESTORE CONFIDENCE IN GOVERNMENT BY AMENDING THE CONSTITUTION OF NORTH CAROLINA TO ESTABLISH AN INDEPENDENT REDISTRICTING COMMISSION, REENACTING LEGISLATION THAT ESTABLISHED A NONPARTISAN METHOD OF ELECTING SUPREME COURT JUSTICES AND COURT OF APPEALS JUDGES BEGINNING 2020, REENACTING THE PUBLIC FINANCING FUND FOR VARIOUS JUDICIAL CAMPAIGNS, EXTENDING THE WAITING PERIOD FOR FORMER LEGISLATORS WHO BECOME LOBBYISTS, MODERNIZING THE VOTER REGISTRATION PROCESS ESTABLISHING THE FAIR ELECTIONS PROGRAM, INCREASING TRANSPARENCY IN THE LEGISLATIVE PROCESS BY REQUIRING FORTY-EIGHT HOURS NOTICE OF MEETINGS OF ALL LEGISLATIVE COMMITTEES, AND DIRECTING THE LEGISLATIVE SERVICES OFFICER TO DEVELOP A PLAN TO PROVIDE LIVE VIDEO AND AUDIO STREAMING OF ALL MEETINGS OF LEGISLATIVE COMMITTEES AND COMMISSIONS MEETING IN THE LEGISLATIVE COMPLEX.
Rules and Operations of the Senate June 1, 2018 A BILL TO BE ENTITLED AN ACT TO RESTORE CONFIDENCE IN GOVERNMENT BY AMENDING THE CONSTITUTION OF NORTH CAROLINA TO ESTABLISH AN INDEPENDENT REDISTRICTING COMMISSION, REENACTING LEGISLATION THAT ESTABLISHED A NONPARTISAN METHOD OF ELECTING SUPREME COURT JUSTICES AND COURT OF APPEALS JUDGES BEGINNING 2020, REENACTING THE PUBLIC FINANCING FUND FOR VARIOUS JUDICIAL CAMPAIGNS, EXTENDING THE WAITING PERIOD FOR FORMER LEGISLATORS WHO BECOME LOBBYISTS, MODERNIZING THE VOTER REGISTRATION PROCESS ESTABLISHING THE FAIR ELECTIONS PROGRAM, INCREASING TRANSPARENCY IN THE LEGISLATIVE PROCESS BY REQUIRING FORTY-EIGHT HOURS NOTICE OF MEETINGS OF ALL LEGISLATIVE COMMITTEES, AND DIRECTING THE LEGISLATIVE SERVICES OFFICER TO DEVELOP A PLAN TO PROVIDE LIVE VIDEO AND AUDIO STREAMING OF ALL MEETINGS OF LEGISLATIVE COMMITTEES AND COMMISSIONS MEETING IN THE LEGISLATIVE COMPLEX.
*DRS45546-LUxy-130A* General Assembly Of North Carolina Session 2017 (1) Each Senator shall represent, as nearlyas maybe, an equal number of inhabitants, the number of inhabitants that each Senator represents being determined for this purpose by dividing the population of the District that he represents by the number of Senators apportioned to that district;The goal of one person, one vote to ensure each voter's vote.
*S800-v-1* General Assembly Of North Carolina Session 2017 (1) Each Senator shall represent, as nearlyas maybe, an equal number of inhabitants, the number of inhabitants that each Senator represents being determined for this purpose by dividing the population of the District that he represents by the number of Senators apportioned to that district;The goal of one person, one vote to ensure each voter's vote.
Page 2 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 (1) Establishment and membership.
Page 2 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 (1) Establishment and membership.
If the General Assembly fails to enact one of the plans within 90 days of receipt, the Independent Redistricting Commission will adopt one of the redistricting plans the Commission submitted to the General Assembly." DRS45546-LUxy-130A Page 3 General Assembly Of North Carolina Session 2017 SECTION 1.5.
If the General Assembly fails to enact one of the plans within 90 days of receipt, the Independent Redistricting Commission will adopt one of the redistricting plans the Commission submitted to the General Assembly." Senate Bill 800-First Edition Page 3 General Assembly Of North Carolina Session 2017 SECTION 1.5.
Page 4 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 c.
Page 4 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 c.
DRS45546-LUxy-130A Page 5 General Assembly Of North Carolina Session 2017 (a) Legislative Plans.
Senate Bill 800-First Edition Page 5 General Assembly Of North Carolina Session 2017 (a) Legislative Plans.
– In adopting any plan under this section, the General Assembly and the Independent Redistricting Commission shall take into consideration all Page 6 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 relevant requirements of the United States Constitution and Acts of Congress and shall comply with the North Carolina Constitution.
– In adopting any plan under this section, the General Assembly and the Independent Redistricting Commission shall take into consideration all Page 6 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 relevant requirements of the United States Constitution and Acts of Congress and shall comply with the North Carolina Constitution.
_______________________________ DRS45546-LUxy-130A Page 7 General Assembly Of North Carolina Session 2017 I hereby file notice that I am a candidate for election to the office of __________ in the regular election to be held _____________, ____.
_______________________________ Senate Bill 800-First Edition Page 7 General Assembly Of North Carolina Session 2017 I hereby file notice that I am a candidate for election to the office of __________ in the regular election to be held _____________, ____.
Page 8 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 (f) Notice of Candidacy for Certain Offices to Indicate Vacancy.
Page 8 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 (f) Notice of Candidacy for Certain Offices to Indicate Vacancy.
– Within two days after receipt of each of the letters of certification from the chairman of the State Board required by subsection (b) of this DRS45546-LUxy-130A Page 9 General Assembly Of North Carolina Session 2017 section, each county elections board chairman shall acknowledge receipt by letter addressed to the chairman of the State Board.
– Within two days after receipt of each of the letters of certification from the chairman of the State Board required by subsection (b) of this Senate Bill 800-First Edition Page 9 General Assembly Of North Carolina Session 2017 section, each county elections board chairman shall acknowledge receipt by letter addressed to the chairman of the State Board.
Elections to fill vacancy in office created after primary filing period opens Page 10 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 (a) General.
Elections to fill vacancy in office created after primary filing period opens Page 10 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 (a) General.
The two candidates with the most votes in the special primary shall have their names placedontheballotforthegeneralelectionheldon thesamedayasthegeneral election for members of the General Assembly.
The two candidates with the most votes in the special primary shall have their names placedontheballotforthegeneralelectionheldonthesamedayasthegeneral election for members of the General Assembly.
DRS45546-LUxy-130A Page 11 General Assembly Of North Carolina Session 2017 Justice of the Supreme Court Judge of the Court of Appeals In printing ballots, the countyboard of elections shall be governed byinstructions of the State Board with regard to width, color, kind of paper, form, and size of type.
Senate Bill 800-First Edition Page 11 General Assembly Of North Carolina Session 2017 Justice of the Supreme Court Judge of the Court of Appeals In printing ballots, the countyboard of elections shall be governed byinstructions of the State Board with regard to width, color, kind of paper, form, and size of type.
The exception of this subdivision does not extend to an individual who meets the definition of "candidate" onlybybeginninga tentative candidacybyreceiving Page 12 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 funds or making payments or giving consent to someone else to receive funds or transfer something of value for the purpose of exploring a candidacy.
The exception of this subdivision does not extend to an individual who meets the definition of "candidate" onlybybeginninga tentative candidacybyreceiving Page 12 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 funds or making payments or giving consent to someone else to receive funds or transfer something of value for the purpose of exploring a candidacy.
Office Sought Amount of Filing Fee DRS45546-LUxy-130A Page 13 General Assembly Of North Carolina Session 2017 Governor One percent (1%) of the annual salary of the office sought Lieutenant Governor One percent (1%) of the annual salary of the office sought All State executive offices One percent (1%) of the annual salary of the office sought All Justices, Judges,Superior and District Court Judges and District One percent (1%) of the annual salary of the Attorneys of the General Court office sought of Justice United States Senator One percent (1%) of the annual salary of the office sought Members of the United States House One percent (1%) of the annual salary of the of Representatives office sought State Senator One percent (1%) of the annual salary of the office sought Member of the State House One percent (1%) of the annual salary of the of Representatives office sought All county offices not compensated One percent (1%) of the annual salary of the by fees office sought All county offices compensated partly One percent (1%) of the first annual by salary and partly by fees salary to be received (exclusive of fees) The salary of any office that is the basis for calculating the filing fee is the starting salary for the office, rather than the salary received by the incumbent, if different.
Office Sought Amount of Filing Fee Senate Bill 800-First Edition Page 13 General Assembly Of North Carolina Session 2017 Governor One percent (1%) of the annual salary of the office sought Lieutenant Governor One percent (1%) of the annual salary of the office sought All State executive offices One percent (1%) of the annual salary of the office sought All Justices, Judges,Superior and District Court Judges and District One percent (1%) of the annual salary of the Attorneys of the General Court office sought of Justice United States Senator One percent (1%) of the annual salary of the office sought Members of the United States House One percent (1%) of the annual salary of the of Representatives office sought State Senator One percent (1%) of the annual salary of the office sought Member of the State House One percent (1%) of the annual salary of the of Representatives office sought All county offices not compensated One percent (1%) of the annual salary of the by fees office sought All county offices compensated partly One percent (1%) of the first annual by salary and partly by fees salary to be received (exclusive of fees) The salary of any office that is the basis for calculating the filing fee is the starting salary for the office, rather than the salary received by the incumbent, if different.
– (1) Acandidatewho is apparentlyentitledto demanda second primary, according to the unofficial results, for one of the offices listed below, and desiring to do so, shall file a request for a second primary in writing with the Executive Director of the State Board no later than 12:00 noon on the ninth day (including Saturdays and Sundays) following the date on which the primary was conducted, and such request shall be subject to the certification of the official results by the State Board.
– (1) Acandidatewhois apparentlyentitledto demanda second primary, according to the unofficial results, for one of the offices listed below, and desiring to do so, shall file a request for a second primary in writing with the Executive Director of the State Board no later than 12:00 noon on the ninth day (including Saturdays and Sundays) following the date on which the primary was conducted, and such request shall be subject to the certification of the official results by the State Board.
If the vote certification by the State Board determines that a candidate who was not originally thought to be eligible to Page 14 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 call for a second primary is in fact eligible to call for a second primary, the Executive Director of the State Board shall immediatelynotifysuch candidate and permit the candidate to exercise any options available to the candidate within a 48-hour period following the notification:
If the vote certification by the State Board determines that a candidate who was not originally thought to be eligible to Page 14 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 call for a second primary is in fact eligible to call for a second primary, the Executive Director of the State Board shall immediatelynotify such candidate and permit the candidate to exercise any options available to the candidate within a 48-hour period following the notification:
– The order in whichcandidatesshall appearon a county's official ballots in any(i) primaryballot item, whether the primary is partisan or nonpartisan, and (ii) in any nonpartisan general election ballot item under Article 25 or 28 of this Chapter shall be determined by the county board of elections using a process designed by the State Board for random selection.
– The order in which candidatesshall appearon a county's official ballots in any(i) primaryballot item, whether the primary is partisan or nonpartisan, and (ii) in any nonpartisan general election ballot item under Article 25 or 28 of this Chapter shall be determined by the county board of elections using a process designed by the State Board for random selection.
DRS45546-LUxy-130A Page 15 General Assembly Of North Carolina Session 2017 "§ 163A-308.
Senate Bill 800-First Edition Page 15 General Assembly Of North Carolina Session 2017 "§ 163A-308.
Page 16 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 a.
Page 16 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 a.
DRS45546-LUxy-130A Page 17 General Assembly Of North Carolina Session 2017 (a) Form Developed byState Board.
Senate Bill 800-First Edition Page 17 General Assembly Of North Carolina Session 2017 (a) Form Developed byState Board.
…." Page 18 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 SECTION 5.3.
…." Page 18 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 SECTION 5.3.
DRS45546-LUxy-130A Page 19 General Assembly Of North Carolina Session 2017 (c) Coordination on Data Interface.
Senate Bill 800-First Edition Page 19 General Assembly Of North Carolina Session 2017 (c) Coordination on Data Interface.
Any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty Page 20 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 of a Class I felony.
Any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty Page 20 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 of a Class I felony.
The State Board shall ensure the DRS45546-LUxy-130A Page 21 General Assembly Of North Carolina Session 2017 confidentiality of information acquired pursuant to this section for purposes of automatic voter registration in accordance with G.S.
The State Board shall ensure the Senate Bill 800-First Edition Page 21 General Assembly Of North Carolina Session 2017 confidentiality of information acquired pursuant to this section for purposes of automatic voter registration in accordance with G.S.
Page 22 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 At a minimum, the program shall include a written notice to the person whose citizenship has been restored, informing that person that the person may now register to vote, with a voter registration form enclosed with the notice." SECTION 5.6.
Page 22 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 At a minimum, the program shall include a written notice to the person whose citizenship has been restored, informing that person that the person may now register to vote, with a voter registration form enclosed with the notice." SECTION 5.6.
If the student declines registration, the DRS45546-LUxy-130A Page 23 General Assembly Of North Carolina Session 2017 person registering the student for courses shall note on the course registration form that the student affirmatively declined to become registered to vote during registration at the college or university.
If the student declines registration, the Senate Bill 800-First Edition Page 23 General Assembly Of North Carolina Session 2017 person registering the student for courses shall note on the course registration form that the student affirmatively declined to become registered to vote during registration at the college or university.
Page 24 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 (5) General election campaign.
Page 24 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 (5) General election campaign.
DRS45546-LUxy-130A Page 25 General Assembly Of North Carolina Session 2017 (c) A candidate participating in the Fair Elections Program shall limit the expenditures of the candidate's candidate campaign committee before a primary campaign and a general election campaign to the amount of qualifying contributions permitted under this Part and any personal funds provided by the candidate under G.S.
Senate Bill 800-First Edition Page 25 General Assembly Of North Carolina Session 2017 (c) A candidate participating in the Fair Elections Program shall limit the expenditures of the candidate's candidate campaign committee before a primary campaign and a general election campaign to the amount of qualifying contributions permitted under this Part and any personal funds provided by the candidate under G.S.
(c) A participating candidate may withdraw from participation in the Fair Elections Program before applying for an initial grant under this Part by filing an affidavit with the State Page 26 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 Board, which includes a written certification of withdrawal.
(c) A participating candidate may withdraw from participation in the Fair Elections Program before applying for an initial grant under this Part by filing an affidavit with the State Page 26 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 Board, which includes a written certification of withdrawal.
All contributions received byan exploratorycommittee established by the candidate that meet the criteria for qualifying contributions to DRS45546-LUxy-130A Page 27 General Assembly Of North Carolina Session 2017 candidate campaign committees under this section shall be considered in calculating the aggregate amounts.
All contributions received byan exploratorycommittee established by the candidate that meet the criteria for qualifying contributions to Senate Bill 800-First Edition Page 27 General Assembly Of North Carolina Session 2017 candidate campaign committees under this section shall be considered in calculating the aggregate amounts.
Page 28 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 (1) The qualified candidate campaign committee of a candidate for the office of State Senator who has a primary for nomination to that office shall be eligible to receive a grant from the Fund for the primary campaign in the amount of thirty-five thousand dollars ($35,000).
Page 28 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 (1) The qualified candidate campaign committee of a candidate for the office of State Senator who has a primary for nomination to that office shall be eligible to receive a grant from the Fund for the primary campaign in the amount of thirty-five thousand dollars ($35,000).
DRS45546-LUxy-130A Page 29 General Assembly Of North Carolina Session 2017 (i) Third-party candidates and petitioning candidates are eligible for grant funds as follows:
Senate Bill 800-First Edition Page 29 General Assembly Of North Carolina Session 2017 (i) Third-party candidates and petitioning candidates are eligible for grant funds as follows:
Aftertheprimaryhas beenheld and the candidate for officeis declared the party nominee for that office in accordance with G.S.
Aftertheprimaryhas beenheld and the candidate forofficeis declared the party nominee for that office in accordance with G.S.
(3) Notwithstanding subdivisions (1) and (2) of this subsection, no participating candidate for nomination or election who changes the candidate's party Page 30 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 affiliation after filing the affidavit required under G.S.163A-1510.4 shall be eligible to apply for a grant under the Fair Elections Program for the candidate's primary campaign or general election campaign.
(3) Notwithstanding subdivisions (1) and (2) of this subsection, no participating candidate for nomination or election who changes the candidate's party Page 30 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 affiliation after filing the affidavit required under G.S.163A-1510.4 shall be eligible to apply for a grant under the Fair Elections Program for the candidate's primary campaign or general election campaign.
DRS45546-LUxy-130A Page 31 General Assembly Of North Carolina Session 2017 (1) Whether the candidate campaign committee for the applicant has received the required qualifying contributions.
Senate Bill 800-First Edition Page 31 General Assembly Of North Carolina Session 2017 (1) Whether the candidate campaign committee for the applicant has received the required qualifying contributions.
Page 32 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 "§ 163A-1510.10.
Page 32 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 "§ 163A-1510.10.
163A-1510.3(c) for the DRS45546-LUxy-130A Page 33 General Assembly Of North Carolina Session 2017 candidate campaign committee without the consent of the candidate or treasurer of the candidate campaign committee, the individual shall (i) repay to the Fund the amount of the excess expenditure and (ii) be subject to penalties under this Chapter as determined by the State Board.
163A-1510.3(c) for the Senate Bill 800-First Edition Page 33 General Assembly Of North Carolina Session 2017 candidate campaign committee without the consent of the candidate or treasurer of the candidate campaign committee, the individual shall (i) repay to the Fund the amount of the excess expenditure and (ii) be subject to penalties under this Chapter as determined by the State Board.
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(b) For purposes of this section, the phrase "excess expenditure" means an expenditure made, or obligated to be made, by a nonparticipating or a participating candidate who is opposed by one or more other participating candidates in a primary campaign or a general election Page 34 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 campaign, which is in excess of the amount of the applicable limit on expenditures for the participating candidates for the campaign, and which is the sum of (i) the applicable qualifying contributions that the participating candidate is required to receive under G.S.
(b) For purposes of this section, the phrase "excess expenditure" means an expenditure made, or obligated to be made, by a nonparticipating or a participating candidate who is opposed by one or more other participating candidates in a primary campaign or a general election Page 34 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 campaign, which is in excess of the amount of the applicable limit on expenditures for the participating candidates for the campaign, and which is the sum of (i) the applicable qualifying contributions that the participating candidate is required to receive under G.S.
DRS45546-LUxy-130A Page 35 General Assembly Of North Carolina Session 2017 (4) The overall and average amounts of spending for each election contest for each office during the election cycle.
Senate Bill 800-First Edition Page 35 General Assembly Of North Carolina Session 2017 (4) The overall and average amounts of spending for each election contest for each office during the election cycle.
…." SECTION 7.2.
…." SECTION7.2.
The LegislativeServices Officer (LSO)shall develop aplanto install equipment to provide live video and audio streaming in both chambers and in all committee Page 36 DRS45546-LUxy-130A General Assembly Of North Carolina Session 2017 rooms in the Legislative Building and the Legislative Office Building.
The LegislativeServices Officer (LSO)shall develop aplanto install equipment to provide live video and audio streaming in both chambers and in all committee Page 36 Senate Bill 800-First Edition General Assembly Of North Carolina Session 2017 rooms in the Legislative Building and the Legislative Office Building.
DRS45546-LUxy-130A Page 37
Senate Bill 800-First Edition Page 37
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Action History

  1. Passed 1st Reading

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

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 176 not signed on

Sponsors (2)

Co-sponsors (1)

Not signed on (176)

176 members have not signed on to this bill.

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"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.

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Subjects

civil-rights elections education
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Frequently asked questions

Who sponsors SB 800?
SB 800 is sponsored by Van Duyn, Brent Jackson (Republican), and Kandie D. Smith (Democratic).
What is the current status of SB 800?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 800?
Track SB 800 free on One Click Politics — get push/email alerts when it moves.

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