New Mexico 2021 Regular Session Status: Enacted 1 D cosponsors

SB 17 — FAMILY INCOME INDEX ACT

Last action — Signed

  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 February 18, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 52% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

246 added · 593 removed

Plain-language change summary

The updated version of SB 17 introduces the "Family Income Index Act," which requires the creation of a family income index to distribute funding to school districts. This change is significant because it aims to allocate resources based on family income levels, ensuring that schools with higher numbers of low-income students receive appropriate funding. Additionally, the new version specifies allowable uses for these funds and emphasizes the need for agreements to share information while maintaining certain confidentiality protections. This focus on equitable funding is intended to support public education in underserved communities.

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SENATE BILL 17 55TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Mimi Stewart This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AN ACT RELATING TO PUBLIC EDUCATION;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
ENACTING THE FAMILY INCOME INDEX ACT;
h AN ACT g o RELATING TO PUBLIC EDUCATION;
REQUIRING THE CALCULATION OF A FAMILY INCOME INDEX AND PROVIDING FOR FUNDING DISTRIBUTIONS TO SCHOOL DISTRICTS THROUGH THAT INDEX;
ENACTING THE FAMILY INCOME INDEX t hr g e i k ACT;
REQUIRING ALLOCATIONS TO ELIGIBLE PUBLIC SCHOOLS;
REQUIRING CALCULATION OF A FAMILY INCOME INDEX AND h r i s PROVIDING FOR FUNDING DISTRIBUTIONS TO SCHOOL DISTRICTS THROUGH h , t, THAT INDEX;
PROVIDING ALLOWABLE USES FOR DISTRIBUTIONS AND ALLOCATIONS;
ESTABLISHING USES FOR THOSE DISTRIBUTIONS;
REQUIRING INFORMATION-SHARING AGREEMENTS.
e u g e b l e e h REQUIRING INFORMATION-SHARING AGREEMENTS;
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
PROVIDING n d d i = = o h CONFIDENTIALITY EXCEPTIONS.
SECTION 1.
l ] b ,d i a º e r i = r t e w d m a n o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
d m :
b e d s º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e e a n e d r e l u [ A d SECTION 1.
"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 6 of this act may be cited as the "Family Income Index Act"." SECTION 2.
"SHORT TITLE.--This act may be cited as the "Family Income Index Act"." SECTION 2.
"[NEW MATERIAL] DEFINITIONS.--As used in the Family Income Index Act:
"DEFINITIONS.--As used in the Family Income Index Act:
"moderate income" means a household income of at h g least one hundred eighty-five percent but less than two hundred o t hr twenty-five percent of the federal poverty level;
"moderate income" means a household income of SFC/SB 17 Page 1 at least one hundred eighty-five percent but less than two hundred twenty-five percent of the federal poverty level;
g e i k E.
E.
"school district" includes a state-chartered h r i s h charter school;
"school district" includes a state-chartered charter school;
and , t, e u g F.
and F.
"very low income" means a household income e b l e e h greater than seventy-five percent but less than one hundred n d d i = = o h thirty percent of the federal poverty level." l ] b ,d i a º e r i = r SECTION 3.
"very low income" means a household income greater than seventy-five percent but less than one hundred thirty percent of the federal poverty level." SECTION 3.
A new section of the Public School Code is t e w d m a n o enacted to read:
A new section of the Public School Code is enacted to read:
d m :
"FAMILY INCOME INDEX--INCOME CATEGORIES--CALCULATION-- INFORMATION-SHARING AGREEMENTS.-- A.
b e d s º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 2 - e a n e d r e l u [ A d "[NEW MATERIAL] FAMILY INCOME INDEX--CALCULATION-- INFORMATION-SHARING AGREEMENTS.-- A.
The department shall calculate a family income index for each public school, using the following information:
The department shall calculate a family income index for each public school.
(1) the department shall obtain family income information sufficient to identify the total number of households in each public school in each of the income categories in Subsection C of this section, based on tax return data of families of students enrolled in that public school and for whose households the taxation and revenue department is able to locate tax return information;
(2) for students whose families the taxation and revenue department is unable to identify tax return data for pursuant to Paragraph (1) of this subsection, family income information sufficient to identify the total number of SFC/SB 17 Page 2 households in each public school in each of the income categories in Subsection C of this section, based on income information provided to the human services department by families applying for benefits;
and (3) for a student whose family income is not available to the taxation and revenue department or the human services department, the department shall use income statistics from the most current census information for the reported address of the student to determine to which income category in Subsection C of this section the student is assigned.
The department shall obtain the following information to the extent necessary for the purposes of calculating the household income of each public school student:
The taxation and revenue department and the human services department shall enter into information-sharing agreements with the department to provide the information requested by the department pursuant to Subsection A of this section.
(1) from the taxation and revenue department, return information that includes the reported adjusted gross incomes, modified gross incomes, personal identifying information, household sizes and names of claimed dependents of taxpayers;
C.
and (2) from the human services department, income information and personal identifying information maintained by the income support division and the medical assistance division of the human services department.
Pursuant to Subsection D of this section, the department shall calculate the percentage of student households for each public school in each of the following income categories using information obtained as provided in Subsection A of this section:
h C.
The taxation and revenue department and the u » r human services department shall enter into information-sharing t h g e l i agreements with the department to provide the information h r i s requested by the department pursuant to Subsection B of this h , e h section.
t u g e b l e e , gh D.
Pursuant to Subsection E of this section, the n d d i = = o h department shall calculate the percentage of student households l ] b ,d i a º r for each public school in each of the following income e r = t e w d m a n o categories using information obtained pursuant to Subsection B d m :
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 3 - e a n e d r e l u [ A d of this section and census SECºtract»SEC information:
and (5) above average income.
and SFC/SB 17 Page 3 (5) above average income.
E.
D.
(1) for fiscal year 2022, the SECº percentage»SEC SECºsum of the percentages»SEC of the public school's students in the extremely low and very low income categories during the preceding fiscal year;
(1) for fiscal year 2022, the sum of the percentages of the public school's students in the extremely low and very low income categories during the preceding fiscal year;
(2) for fiscal year 2023, the average of the h SECº sum of the»SEC percentages of the public school's students g o t hr in the extremely low and very low income categories during the g e i k immediately preceding two fiscal years;
(2) for fiscal year 2023, the average of the sum of the percentages of the public school's students in the extremely low and very low income categories during the immediately preceding two fiscal years;
and h r i s (3) for fiscal year 2024 and each subsequent h , t, e u g fiscal year, the average of the SECº sum of the»SEC percentages e b l e e h of the public school's students in the extremely low and very n d d i = = o h low income categories during the immediately preceding three l ] b ,d i a º e fiscal years.
and (3) for fiscal year 2024 and each subsequent fiscal year, the average of the sum of the percentages of the public school's students in the extremely low and very low income categories during the immediately preceding three fiscal years.
r i = r t e w d m a n o F.
E.
The department shall rank all public schools in d m :
The department shall rank all public schools in the state from lowest family income index to highest family income index by October 31 of each year.
b e d s º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 4 - e a n e d r e l u [ A d the state from lowest family income index to highest family income index by October 31 of each year.
F.
Show all 136 changed rows (96 more)
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G.
The department shall provide the percentage of students at each public school in each income category to the legislative education study committee and the legislative SFC/SB 17 Page 4 finance committee by November 15 of each year." SECTION 4.
The department shall provide the percentage of students at each public school in each income category to the legislative education study committee and the legislative finance committee by November 15 of each year." SECTION 4.
"[NEW MATERIAL ] THRESHOLD FOR FUNDING DISTRIBUTION-- DISTRIBUTION OF FAMILY INCOME INDEX FUNDS.-- A.
"THRESHOLD FOR FUNDING DISTRIBUTION--DISTRIBUTION OF FAMILY INCOME INDEX FUNDS--ALLOCATIONS TO ELIGIBLE PUBLIC SCHOOLS.-- A.
Each year, to determine the number of public schools that are eligible for family income index funding through distributions to their respective school districts, the department shall:
Except as provided in Subsection E of this section, each year, to determine the number of public schools that are eligible for family income index allocations through their respective school districts, the department shall:
(1) identify the school districts that have public schools within the fifty percent of the public schools h on the department's ranked list pursuant to Subsection F of u » r Section 3 of the Family Income Index Act with the highest t h g e l i family income indices;
(1) identify the school districts that have public schools within the fifty percent of public schools on the department's ranked list pursuant to Subsection E of Section 3 of the Family Income Index Act with the highest family income indices;
and h r i s (2) multiply the total number of public h , e h schools within each of the school districts that are identified t u g e b l e e , gh in Paragraph (1) of this subsection by one-tenth, and if the n d d i = = o h product:
and (2) multiply the total number of public schools within each of the school districts that are identified in Paragraph (1) of this subsection by one-tenth, and if the product is:
l ] b ,d i a º r (a) is less than one, the product shall e r = t e w d m a n o be rounded to one;
(a) less than one, the product shall be rounded to one;
and d m :
and (b) more than one, the product shall be rounded to the nearest whole number.
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 5 - e a n e d r e l u [ A d (b) is more than one, the product shall be rounded to the nearest whole number.
The number of eligible public schools within a school district identified in Paragraph (1) of Subsection A of this section for which funding may be allocated pursuant to this section is equal to the rounded product determined pursuant to Paragraph (2) of Subsection A of this section.
The number of eligible public schools within a school district identified in Paragraph (1) of Subsection A SFC/SB 17 Page 5 of this section for which funding may be allocated pursuant to this section is equal to the rounded product determined pursuant to Paragraph (2) of Subsection A of this section.
Each year, the public schools eligible for funding pursuant to this section are those public schools within each school district that have the highest family income indices;
Each year, the public schools that are eligible for an allocation are those public schools within each school district that have the highest family income indices.
provided that the funding shall be provided through distributions to their respective school districts.
Funding for an eligible public school identified pursuant to this section is limited to the greater of that public school's proportional share as determined pursuant to Subsection D of this section or twenty thousand dollars h ($20,000).
An allocation for an eligible public school is limited to the greater of that public school's proportional share as determined pursuant to Subsection D of this section or twenty thousand dollars ($20,000).
u » r D.
D.
To determine the proportional share of funding t h g e l i that the department shall distribute to a school district for h r i s each public school that is eligible for funding pursuant to h , e h this section, the number of eligible students in each public t u g e b l e e , gh school that is eligible for funding pursuant to this section n d d i = = o h shall be divided by the total number of eligible students at l ] b ,d i a º r all public schools that are eligible for funding pursuant to e r = t e w d m a n o this section.
To determine the proportional share of funding that the department distributes to a school district for each eligible public school, the number of eligible students in each eligible public school shall be divided by the total number of eligible students at all eligible public schools.
Each eligible public school's proportional share d m :
Each eligible public school's proportional share shall be multiplied by the total amount appropriated for distribution pursuant to the Family Income Index Act.
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 6 - e a n e d r e l u [ A d shall be multiplied by the total amount appropriated for distribution pursuant to the Family Income Index Act.
Notwithstanding Subsection A of this section, the legislature may establish a different percentage of public schools to be considered pursuant to Paragraphs (1) and (2) of Subsection A of this section.
The legislature may establish a different percentage of public schools to be considered pursuant to Paragraphs (1) and (2) of Subsection A of this section.
Funding for a public school pursuant to the family income index shall be used exclusively at that public school for the interventions specified in Section 5 of the Family Income Index Act.
A family income index distribution to a school district for allocation to an eligible public school shall be used exclusively at that public school for the interventions specified in Section 5 of the Family Income Index Act.
G.
SFC/SB 17 Page 6 G.
"[NEW MATERIAL ] USES OF FAMILY INCOME INDEX h DISTRIBUTIONS.-- g o t hr A.
"USES OF FAMILY INCOME INDEX ALLOCATIONS.-- A.
A public school shall use funds distributed g e i k through the Family Income Index Act as follows:
Except as provided in Subsection B of this section, a public school shall use its family income index allocation as follows:
h r i s (1) at least one-third for evidence-based, h , t, structured literacy interventions that have been shown to e u g e b l e e h improve reading and writing achievement of students;
(1) at least one-third for evidence-based, structured literacy interventions that have been shown to improve reading and writing achievement of students;
n d d i = = o h (2) at least one-third for evidence-based l ] b ,d i a º e mathematics instruction and interventions, including r i = r t e w d m a n o educational programming intended to improve career and college d m :
(2) at least one-third for evidence-based mathematics instruction and interventions, including educational programming intended to improve career and college readiness of at-risk students, dual or concurrent enrollment, and career and technical education;
b e d s º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 7 - e a n e d r e l u [ A d readiness of at-risk students, dual or concurrent enrollment, and career and technical education;
(a) case management, tutoring and after- school and summer enrichment programs that are delivered by social workers, counselors, teachers or other professional staff;
(a) case management, tutoring and after-school and summer enrichment programs that are delivered by social workers, counselors, teachers or other professional staff;
(b) culturally relevant professional and curriculum development, including those necessary to support language acquisition and bilingual and multicultural education;
(b) culturally relevant professional and curriculum development, including those necessary to SFC/SB 17 Page 7 support language acquisition and bilingual and multicultural education;
(d) instructional resources and h materials;
(d) instructional resources and materials;
or g o t hr (e) services to engage and support g e i k parents and families in the education of students.
(e) services to engage and support parents and families in the education of students;
h r i s B.
and (f) services to engage and support tribal communities in the education of Native American students.
A school district shall use distributions h , t, received for allowable uses provided in Subsection A of this e u g e b l e e h section to expand or improve services provided as part of a n d d i = = o h public school's existing academic program, but not to replace l ] b ,d i a º e existing services." r i = r t e w d m a n o SECTION 6.
A new section of the Public School Code is d m :
b e d s º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 8 - e a n e d r e l u [ A d enacted to read:
"[NEW MATERIAL ] PUBLIC SCHOOL ELIGIBILITY--REPORTING.-- A.
A school district is eligible for funding pursuant to the Family Income Index Act if the school district establishes, within its department-approved educational plan, interventions identified in Section 5 of the Family Income Index Act for each of its public schools that are eligible for a distribution pursuant to the Family Income Index Act.
A school district that receives a distribution pursuant to the Family Income Index Act shall provide a report to the department by August 1 after each fiscal year in which it receives a distribution that includes a description of the services the school district has provided for each public school that received a distribution to improve the academic success of students.
The report shall include a detailed description of how each public school has used the additional h funding and the way in which the funding impacted student u » r academic outcomes.
t h g e l i B.
The department shall evaluate how each public h r i s school used its distribution and the way in which each h , e h distribution impacted student academic outcomes and report its t u g e b l e e , gh findings and recommendations to the legislative finance n d d i = = o h committee and the legislative education study committee by l ] b ,d i a º r October 15 of each year beginning in fiscal year 2022." e r = t e w d m a n o SECTION 7.
Section 7-1-8.8 NMSA 1978 (being Laws 2019, d m :
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 9 - e a n e d r e l u [ A d Chapter 87, Section 2, as amended) is amended to read:
"7-1-8.8.
INFORMATION THAT MAY BE REVEALED TO OTHER STATE AGENCIES.--An employee of the department may reveal to:
A.
a committee of the legislature for a valid legislative purpose, return information concerning any tax or fee imposed pursuant to the Cigarette Tax Act;
the attorney general, return information acquired pursuant to the Cigarette Tax Act for purposes of Section 6-4-13 NMSA 1978 and the master settlement agreement defined in Section 6-4-12 NMSA 1978;
A public school that receives an allocation that is less than forty thousand dollars ($40,000) may use any portion of that allocation on any of the uses specified in Subsection A of this section.
the commissioner of public lands, return information for use in auditing that pertains to rentals, royalties, fees and other payments due the state under land sale, land lease or other land use contracts;
A school district shall use distributions received for allowable uses specified in Subsection A of this section to expand or improve services provided as part of a public school's existing academic program, but not to replace existing services." SECTION 6.
D.
A new section of the Public School Code is enacted to read:
the secretary of human services or the secretary's delegate under a written agreement with the h department, the last known address with date of all names u » r certified to the department as being absent parents of children t h g e l i receiving public financial assistance, but only for the purpose h r i s of enforcing the support liability of the absent parents by the h , e h child support enforcement division or any successor t u g e b l e e , gh organizational unit;
"EDUCATIONAL PLAN TO INCLUDE ALLOWABLE USES FOR EACH SFC/SB 17 Page 8 PUBLIC SCHOOL--DISTRIBUTIONS--REPORTING.-- A.
n d d i = = o h E.
A school district shall establish, within its department-approved educational plan, the interventions identified in Section 5 of the Family Income Index Act that will be used in each of its eligible public schools.
the department of information technology, by l ] b ,d i a º r electronic media, a database updated quarterly that contains e r = t e w d m a n o the names, addresses, county of address and taxpayer d m :
Each school district that receives a distribution shall provide a report to the department by August 1 after the fiscal year in which it receives a distribution that includes a description of the services the school district has provided for each public school that received an allocation to improve the academic success of students.
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 10 - e a n e d r e l u [ A d identification numbers of New Mexico personal income tax filers, but only for the purpose of producing the random jury list for the selection of petit or grand jurors for the state courts pursuant to Section 38-5-3 NMSA 1978;
The report shall include a detailed description of how each public school has used its allocation and the way in which the additional funding has impacted student academic outcomes.
F.
B.
the state courts, the random jury lists produced by the department of information technology under Subsection E of this section;
The department shall evaluate how each public school used its allocation and the way in which each allocation impacted student academic outcomes and report its findings and recommendations to the legislative finance committee and the legislative education study committee by October 15 of each year beginning in fiscal year 2022." SECTION 7.
G.
the director of the New Mexico department of agriculture or the director's authorized representative, upon request of the director or representative, the names and addresses of all gasoline or special fuel distributors, wholesalers and retailers;
H.
the public regulation commission, return information with respect to the Corporate Income and Franchise Tax Act required to enable the commission to carry out its duties;
h I.
the state racing commission, return information u » r with respect to the state, municipal and county gross receipts t h g e l i taxes paid by racetracks;
h r i s J.
the gaming control board, tax returns of license h , e h applicants and their affiliates as provided in Subsection E of t u g e b l e e , gh Section 60-2E-14 NMSA 1978;
n d d i = = o h K.
the director of the workers' compensation l ] b ,d i a º r administration or to the director's representatives authorized e r = t e w d m a n o for this purpose, return information to facilitate the d m :
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 11 - e a n e d r e l u [ A d identification of taxpayers that are delinquent or noncompliant in payment of fees required by Section 52-1-9.1 or 52-5-19 NMSA 1978;
L.
the secretary of workforce solutions or the secretary's delegate, return information for use in enforcement of unemployment insurance collections pursuant to the terms of a written reciprocal agreement entered into by the department with the secretary of workforce solutions for exchange of information;
M.
the New Mexico finance authority, information with respect to the amount of municipal and county gross receipts taxes collected by municipalities and counties pursuant to any local option municipal or county gross receipts taxes imposed, and information with respect to the amount of governmental gross receipts taxes paid by every agency, institution, instrumentality or political subdivision of the h state pursuant to Section 7-9-4.3 NMSA 1978;
u » r N.
the secretary of human services or the t h g e l i secretary's delegate;
provided that a person who receives the h r i s confidential return information on behalf of the human services h , e h department shall not reveal the information and shall be t u g e b l e e , gh subject to the penalties in Section 7-1-76 NMSA 1978 if the n d d i = = o h person fails to maintain the confidentiality required:
l ] b ,d i a º r (1) that return information needed for reports e r = t e w d m a n o required to be made to the federal government concerning the d m :
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 12 - e a n e d r e l u [ A d use of federal funds for low-income working families;
(2) the names and addresses of low-income taxpayers for the limited purpose of outreach to those taxpayers;
provided that the human services department shall pay the department for expenses incurred by the department to derive the information requested by the human services department if the information requested is not readily available in reports for which the department's information systems are programmed;
and (3) return information required to administer the Health Care Quality Surcharge Act;
O.
the superintendent of insurance, return information with respect to the premium tax and the health insurance premium surtax;
P.
the secretary of finance and administration or the secretary's designee, return information concerning a h credit pursuant to the Film Production Tax Credit Act;
u » r Q.
the secretary of economic development or the t h g e l i secretary's designee, return information concerning a credit h r i s pursuant to the Film Production Tax Credit Act;
h , e h R.
the secretary of public safety or the t u g e b l e e , gh secretary's designee, return information concerning the Weight n d d i = = o h Distance Tax Act;
l ] b ,d i a º r S.
the secretary of transportation or the e r = t e w d m a n o secretary's designee, return information concerning the Weight d m :
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e - 13 - e a n e d r e l u [ A d Distance Tax Act;
T.
the secretary of energy, minerals and natural resources or the secretary's designee, return information concerning tax credits or deductions for which eligibility is certified or otherwise determined by the secretary or the secretary's designee;
[and ] U.
the secretary of environment or the secretary's designee, return information concerning tax credits for which eligibility is certified or otherwise determined by the secretary or the secretary's designee;
and V.
the secretary of public education or the secretary's designee, return information required to calculate the household income of each public school student pursuant to Section 3 of the Family Income Index Act." SECTION 8.
h - 14 - u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
SFC/SB 17 Page 9 25
b r e t º o t n = .219016.11GLGAIC March 2, 2021 (11:32am) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Education Committee

  5. passed Senate

  6. DO NOT PASS, replaced with committee substitute

  7. DO PASS, as amended, committee report adopted

  8. Sent to Senate Education Committee & Senate Finance Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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Frequently asked questions

Who sponsors SB 17?
SB 17 is sponsored by Mimi Stewart (Democrat).
What is the current status of SB 17?
This bill has been enacted into law. Introduced February 18, 2021. Enacted.
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