AB 2136 — Controlled substances: analyzing and testing.
Last action — Chaptered by Secretary of State - Chapter 701, Statutes of 2024.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 06, 2024. Enacted.
Signed by Governor Gavin Newsom (Democratic) on September 27, 2024.
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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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 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
Existing law, the California Uniform Controlled Substances Act, categorizes controlled substances into 5 schedules and places the greatest restrictions on those substances contained in Schedule I. Existing law also defines drug paraphernalia and prohibits, among other things, the manufacture, sale, and possession, as specified, of drug paraphernalia. Existing law excludes from these prohibitions any testing equipment that is designed, marketed, used, or intended to be used to analyze a substance for the presence of fentanyl, ketamine, gamma hydroxybutyric acid, or any analog of fentanyl. This bill would additionally exclude from the definition of drug paraphernalia equipment, any equipment for testing a substance for the presence of contaminants, toxic substances, hazardous compounds, or other adulterants, as specified. The bill would exclude from the criminal liability of possessing drug paraphernalia those individuals obtaining controlled substance checking services and would state that it is lawful to use, possess, or distribute equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of a controlled substance. The bill would authorize specified entities to provide controlled substance checking services and would define those services as the process of identifying or analyzing a substance to determine its chemical composition. The bill would provide a person engaged in providing or using those services immunity from detention, arrest, criminal prosecution, and civil liability, among other things. The bill would require a controlled substance service provider, as defined, to destroy personally identifiable information from service users and would prohibit them from providing that information to law enforcement, as specified.
Bill Text
- Chaptered 09/27/24 - Chaptered Current pdf September 27, 2024
- Enrolled 09/04/24 - Enrolled pdf September 04, 2024
- Amended 08/23/24 - Amended Senate pdf August 23, 2024
- Amended 08/21/24 - Amended Senate pdf August 21, 2024
- Amended 07/03/24 - Amended Senate pdf July 03, 2024
- Amended 06/24/24 - Amended Senate pdf June 24, 2024
- Amended 04/15/24 - Amended Assembly pdf April 15, 2024
- Amended 03/18/24 - Amended Assembly pdf March 18, 2024
- Introduced 02/06/24 - Introduced pdf February 06, 2024
- AB2136 View text html
Action History
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Chaptered by Secretary of State - Chapter 701, Statutes of 2024.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 5.).
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In Assembly. Concurrence in Senate amendments pending.
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Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 10.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time. Ordered to third reading.
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From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 2).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
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From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 18). Re-referred to Com. on JUD.
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Referred to Coms. on PUB S. and JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 5. Page 5554.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 10. Noes 3.) (May 8).
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 23). Re-referred to Com. on APPR.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 8.
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Read first time. To print.
Sponsors
- Jones-Sawyer · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 15 voted No
Sponsors (1)
- Jones-Sawyer
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"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 |
|---|---|---|---|---|
| Democratic | 41 | 0 | 0 | 6 |
| Unaffiliated | 15 | 1 | 0 | 3 |
| Republican | 3 | 4 | 0 | 6 |
| Total | 59 | 5 | 0 | 15 |
| % of votes cast | 75% | 6% | 0% | 19% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Holden | — | Yea |
| Mathis | — | Yea |
| Maienschein | — | Yea |
| Villapudua | — | Yea |
| Ting | — | Yea |
| Jones-Sawyer | — | Yea |
| McCarty | — | Yea |
| Rendon | — | Yea |
| Friedman | — | Yea |
| Wood | — | Yea |
| Low | — | Yea |
| Waldron | — | Yea |
| Santiago | — | Yea |
| Essayli | — | Nay |
| Rodriguez | — | Not Voting |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Not Voting |
| Luz Rivas | — | Not Voting |
| Wendy Carrillo | — | Yea |
| Addis, Dawn | Democratic | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Alvarez, David | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bains, Jasmeet | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Not Voting |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Not Voting |
| Connolly, Damon | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Hart, Gregg | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| McKinnor, Tina | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Not Voting |
| Ortega, Liz | Democratic | Not Voting |
| Pacheco, Blanca | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Not Voting |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Schiavo, Pilar | Democratic | Yea |
| Soria, Esmeralda | Democratic | Yea |
| Valencia, Avelino | Democratic | Not Voting |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Alanis, Juan | Republican | Yea |
| Chen, Phillip | Republican | Not Voting |
| Dahle, Megan | Republican | Nay |
| Davies, Laurie | Republican | Not Voting |
| Dixon, Diane | Republican | Nay |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Not Voting |
| Hoover, Josh | Republican | Not Voting |
| Lackey, Tom | Republican | Not Voting |
| Patterson, Joe | Republican | Nay |
| Sanchez, Kate | Republican | Nay |
| Ta, Tri | Republican | Not Voting |
| Wallis, Greg | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 1 | 0 | 0 |
| Democratic | 20 | 2 | 0 | 0 |
| Republican | 0 | 7 | 0 | 0 |
| Total | 30 | 10 | 0 | 0 |
| % of votes cast | 75% | 25% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Roth | — | Yea |
| Atkins | — | Yea |
| Portantino | — | Yea |
| Newman | — | Yea |
| Min | — | Yea |
| Eggman | — | Yea |
| Glazer | — | Yea |
| Dodd | — | Yea |
| Bradford | — | Yea |
| Skinner | — | Yea |
| Wilk | — | Nay |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Blakespear, Catherine S. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Nay |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Menjivar, Caroline | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Nay |
| Padilla, Stephen C. | Democratic | Yea |
| Rubio, Susan | Democratic | Yea |
| Smallwood-Cuevas, Lola | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Alvarado-Gil, Marie | Republican | Nay |
| Dahle, Megan | Republican | Nay |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Niello, Roger W. | Republican | Nay |
| Ochoa Bogh, Rosilicie | Republican | Nay |
| Seyarto, Kelly | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 8 | 0 | 0 | 0 |
| Unaffiliated | 1 | 1 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 9 | 2 | 0 | 0 |
| % of votes cast | 82% | 18% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Roth | — | Yea |
| Wilk | — | Nay |
| Allen, Benjamin | Democratic | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Niello, Roger W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 4 | 1 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Bradford | — | Yea |
| Skinner | — | Yea |
| Wahab, Aisha | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Seyarto, Kelly | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 34 | 0 | 0 | 13 |
| Republican | 1 | 3 | 0 | 9 |
| Unaffiliated | 11 | 2 | 0 | 7 |
| Total | 46 | 5 | 0 | 29 |
| % of votes cast | 58% | 6% | 0% | 36% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Maienschein | — | Yea |
| Ting | — | Yea |
| Jones-Sawyer | — | Yea |
| McCarty | — | Yea |
| Rendon | — | Yea |
| Wood | — | Yea |
| Low | — | Yea |
| Waldron | — | Yea |
| Santiago | — | Yea |
| Holden | — | Not Voting |
| Mathis | — | Not Voting |
| Rodriguez | — | Not Voting |
| Villapudua | — | Not Voting |
| Friedman | — | Not Voting |
| Essayli | — | Not Voting |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Nay |
| Luz Rivas | — | Not Voting |
| Vince Fong | — | Nay |
| Wendy Carrillo | — | Yea |
| Addis, Dawn | Democratic | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Alvarez, David | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bains, Jasmeet | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Not Voting |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Not Voting |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Carrillo, Juan | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Not Voting |
| Connolly, Damon | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Not Voting |
| Haney, Matt | Democratic | Yea |
| Hart, Gregg | Democratic | Yea |
| Irwin, Jacqui | Democratic | Not Voting |
| Jackson, Corey A. | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| McKinnor, Tina | Democratic | Yea |
| Muratsuchi, Al | Democratic | Not Voting |
| Nguyen, Stephanie | Democratic | Not Voting |
| Ortega, Liz | Democratic | Yea |
| Pacheco, Blanca | Democratic | Not Voting |
| Papan, Diane | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Not Voting |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Not Voting |
| Schiavo, Pilar | Democratic | Yea |
| Soria, Esmeralda | Democratic | Not Voting |
| Valencia, Avelino | Democratic | Not Voting |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Alanis, Juan | Republican | Yea |
| Chen, Phillip | Republican | Not Voting |
| Dahle, Megan | Republican | Not Voting |
| Davies, Laurie | Republican | Nay |
| Dixon, Diane | Republican | Nay |
| Flora, Heath | Republican | Not Voting |
| Gallagher, James | Republican | Not Voting |
| Hoover, Josh | Republican | Not Voting |
| Lackey, Tom | Republican | Not Voting |
| Patterson, Joe | Republican | Not Voting |
| Sanchez, Kate | Republican | Nay |
| Ta, Tri | Republican | Not Voting |
| Wallis, Greg | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 7 | 0 | 0 | 1 |
| Unaffiliated | 3 | 1 | 0 | 0 |
| Republican | 0 | 2 | 0 | 1 |
| Total | 10 | 3 | 0 | 2 |
| % of votes cast | 67% | 20% | 0% | 13% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Villapudua | — | Yea |
| Friedman | — | Yea |
| Jim Patterson | — | Nay |
| Wendy Carrillo | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Fong, Mike | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Hart, Gregg | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Dixon, Diane | Republican | Nay |
| Sanchez, Kate | Republican | Nay |
| Ta, Tri | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 1 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Democratic | 4 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 1 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Ting | — | Yea |
| McCarty | — | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Alanis, Juan | Republican | Yea |
| Lackey, Tom | Republican | Not Voting |
Subjects
Frequently asked questions
- What does AB 2136 do?
- Existing law, the California Uniform Controlled Substances Act, categorizes controlled substances into 5 schedules and places the greatest restrictions on those substances contained in Schedule I. Existing law also defines drug paraphernalia and prohibits, among other things, the manufacture, sale, and possession, as specified, of drug paraphernalia. Existing law excludes from these prohibitions any testing equipment that is designed, marketed, used, or intended to be used to analyze a substance for the presence of fentanyl, ketamine, gamma hydroxybutyric acid, or any analog of fentanyl. This bill would additionally exclude from the definition of drug paraphernalia equipment, any equipment for testing a substance for the presence of contaminants, toxic substances, hazardous compounds, or other adulterants, as specified. The bill would exclude from the criminal liability of possessing drug paraphernalia those individuals obtaining controlled substance checking services and would state that it is lawful to use, possess, or distribute equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of a controlled substance. The bill would authorize specified entities to provide controlled substance checking services and would define those services as the process of identifying or analyzing a substance to determine its chemical composition. The bill would provide a person engaged in providing or using those services immunity from detention, arrest, criminal prosecution, and civil liability, among other things. The bill would require a controlled substance service provider, as defined, to destroy personally identifiable information from service users and would prohibit them from providing that information to law enforcement, as specified.
- Who sponsors AB 2136?
- AB 2136 is sponsored by Jones-Sawyer.
- What is the current status of AB 2136?
- This bill has been enacted into law. Introduced February 06, 2024. Enacted.
- Where can I track AB 2136?
- Track AB 2136 free on One Click Politics — get push/email alerts when it moves.
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