Wisconsin 2025 Regular Session Status: To Executive 3 R cosponsors

SB 76 — Relating to: dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes.

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

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

This bill has been sent to the executive. Introduced February 26, 2025. It awaits signature.

Vetoed by Governor Tony Evers (Democratic) on November 03, 2025.

Next likely step: the executive signs it into law or issues a veto.

Odds of enactment

Low chance

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

Upgrade to see the exact probability and what's driving it.

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

Prognosis

Likely to advance 74% · moderate confidence
  • To Executive

    Current position in the legislative process.

  • 17 sponsors

    1 primary, 16 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

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

Summary

An Act to repeal 971.37; to amend 20.410 (1) (gL), 20.437 (1) (hh), 814.75 (8), 814.75 (8m), 814.76 (6), 814.80 (6), 814.81 (6), 971.38 (1) and 971.39 (1) (intro.); to create 967.056 and 968.075 (7) (c) of the statutes;

Bill Text

What changed in the latest version

62 added · 151 removed

Plain-language change summary

The proposed changes in Senate Bill 76 require prosecutors to obtain court approval before they can dismiss or amend certain criminal charges, particularly those related to domestic abuse, theft of automobiles, and various violent crimes. This shift aims to ensure that serious offenses are handled more transparently and with judicial oversight, which could help protect victims and hold offenders accountable. By limiting prosecutor discretion in these cases, the bill seeks to strengthen the justice system's response to crimes that significantly impact community safety.

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- 2026 LEGISLATURE LRB-2036/1 CMH:emw SENATE BILL 76 February 26, 2025 - Introduced by Senators H UTTON , NASS and T OMCZYK , cosponsored by Representatives B.
Date of enactment:
JACOBSON , BEHNKE , BRILL, DITTRICH, DONOVAN , DUCHOW , GUNDRUM , KNODL, KREIBICH , KRUG, MOSES , MURPHY , M URSAU and W ICHGERS .
Senate Bill 76 Date of publication*:
Referred to Committee on Judiciary and Public Safety.
WISCONSIN ACT A N A CT to repeal 971.37;
A N A CT to repeal 971.37;
to amend 814.75 (8), 814.75 (8m), 814.76 (6), 814.80 (6), 814.81 (6), 971.38 (1) and 971.39 (1) (intro.);
to amend 20.410 (1) (gL), 20.437 (1) (hh), 814.75 (8), 814.75 (8m), 814.76 (6), 814.80 (6), 814.81 (6), 971.38 (1) and 971.39 (1) (intro.);
dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes.
dismissing or amending cer- tain criminal charges and deferred prosecution agreements for certain crimes.
Analysis by the Legislative Reference Bureau Under current law, a prosecutor may dismiss or amend a criminal charge without approval from the court.
The people of the state of Wisconsin, represented in sen- prosecution of persons who commit offenses that are ate and assembly, do enact as follows:
Under this bill, a prosecutor must get the court’s approval to dismiss or amend a charge if the charge is for any of the following:
covered crimes.
1) a crime of domestic abuse or a violation of a domestic violence temporary restraining order or injunction;
SECTION 3.
2) theft of an automobile;
814.75 (8) of the statutes is amended to (2) D EFINITION .
3) a crime of abuse of an individual at risk or a violation of an individual-at-risk TRO or injunction;
In this section, Xcovered crimeY read:
4) first-degree, second-degree, or third-degree sexual assault;
means any of the following:
5) a crime against a child;
(a) An act of domestic abuse, as defined in s.
6) illegal possession of a firearm if the person has been convicted of, adjudicated delinquent for, or found not guilty by reason of mental disease or defect of, committing, soliciting, conspiring, or attempting to commit a violent felony, as defined under current law;
or 7) reckless driving that results in great bodily harm.
The court may approve the dismissal or amendment of such a charge only if the court finds the - 2026 Legislature - 2 - LRB-2036/1 CMH:emw SENATE BILL 76 SECTION 1 action is consistent with the public’s interest in deterring the commission of these crimes and with the legislature’s intent, expressed in this bill, to vigorously prosecute individuals who commit these crimes.
If the court approves any dismissal or amendment in a year, the court must submit an annual report to the legislature detailing each approval.
Current law allows a prosecutor to enter into a deferred prosecution agreement with a defendant who is charged or may be charged with a crime.
Generally, under a deferred prosecution agreement, the prosecutor agrees to dismiss a charge or not file a charge if the defendant complies with specified conditions.
In addition, current law provides specific criteria for a deferred prosecution agreement if the defendant is or may be charged with child sexual abuse if the defendant is the parent of, the guardian of, a close relative of, or residing with the child;
with a crime of domestic violence;
or with a violation of a domestic violence TRO or injunction.
Current law also prohibits a prosecutor from entering into a deferred prosecution agreement with a defendant who is charged or may be charged with operating a vehicle while under the influence of an intoxicant or a controlled substance, causing injury to another while operating a vehicle while under the influence, or homicide by intoxicated use of a vehicle.
The bill prohibits a prosecutor from entering into a deferred prosecution agreement with a defendant if a complaint or information is filed that alleges the person committed any of the same crimes listed in items 1 to 7 above.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1.
20.410 (1) (gL) of the statutes is amended to read:
20.410 (1) (gL) Global positioning system tracking devices for certain violators of restraining orders.
All moneys received under s.
301.49 (5) and all moneys received from the global positioning system tracking surcharge on court fines, as authorized under s.
971.37 (1m) (c) 1.
or 973.057, for expenditures related to the global positioning system tracking program under s.
301.49.
If the unencumbered balance in this appropriation account exceeds $100,000 immediately before the end of any fiscal year, the department of corrections shall transfer the excess to the appropriation account under s.
20.437 (1) (hh) at the end of that fiscal year.
SECTION 2.
20.437 (1) (hh) of the statutes is amended to read:
- 2026 Legislature - 3 - LRB-2036/1 CMH:emw SENATE BILL 76 SECTION 2 20.437 (1) (hh) Domestic abuse surcharge grants.
All moneys received from the domestic abuse surcharge on court fines, as authorized under s.
971.37 (1m) (c) 1.
Show all 136 changed rows (96 more)
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or 973.055, to provide grants to domestic abuse services organizations under s.
49.165.
S ECTION 3.
814.75 (8) of the statutes is amended to read:
S ECTION 4.
968.075 (1) (a), that constitutes the commission of a SECTION 4.
814.75 (8m) of the statutes is amended to read:
814.75 (8m) of the statutes is amended crime or a violation of a temporary restraining order or to read:
814.75 (8m) The global positioning system tracking surcharge under s.
injunction issued under s.
971.37 (1m) (c) 1.
or 973.057.
S ECTION 5.
814.76 (6) of the statutes is amended to read:
814.76 (6) The domestic abuse surcharge under s.
971.37 (1m) (c) 1.
or 973.055.
S ECTION 6.
814.80 (6) of the statutes is amended to read:
814.80 (6) The domestic abuse surcharge under s.
971.37 (1m) (c) 1.
or 973.055.
S ECTION 7.
814.81 (6) of the statutes is amended to read:
814.81 (6) The domestic abuse surcharge under s.
971.37 (1m) (c) 1.
or 973.055.
S ECTION 8.
967.056 of the statutes is created to read:
967.056 Prosecution of certain crimes.
(1) I NTENT .
The legislature intends to encourage the vigorous prosecution of persons who commit offenses that are covered crimes.
- 2026 Legislature - 4 - LRB-2036/1 CMH:emw SENATE BILL 76 SECTION 8 (2) DEFINITION.
In this section, “covered crime” means any of the following:
(a) An act of domestic abuse, as defined in s.
968.075 (1) (a), that constitutes the commission of a crime or a violation of a temporary restraining order or injunction issued under s.
(b) A violation of s.
814.75 (8m) The global positioning system tracking (b) A violation of s.
940.198 or 940.285 or a violation of a temporary restraining order or injunction issued under s.
940.198 or 940.285 or a viola- surcharge under s.
971.37 (1m) (c) 1.
or 973.057.
SECTION 5.
814.76 (6) of the statutes is amended to tion of a temporary restraining order or injunction is- read:
sued under s.
814.76 (6) The domestic abuse surcharge under s.
971.37 (1m) (c) 1.
or 973.055.
948, including a crime specified in s.
948, including a crime SECTION 6.
814.80 (6) of the statutes is amended to specified in s.
read:
941.29 (1m) if the individual has been convicted of, adjudicated delinquent for, or found not guilty by reason of mental disease or defect of, committing, soliciting, conspiring, or attempting to commit a violent felony, as defined in s.
941.29 (1m) if the individual 814.80 (6) The domestic abuse surcharge under s.
has been convicted of, adjudicated delinquent for, or 971.37 (1m) (c) 1.
or 973.055.
found not guilty by reason of mental disease or defect of, SECTION 7.
814.81 (6) of the statutes is amended to committing, soliciting, conspiring, or attempting to read:
commit a violent felony, as defined in s.
814.81 (6) The domestic abuse surcharge under s.
971.37 (1m) (c) 1.
or 973.055.
Notwithstanding s.
Notwith- SECTION 8.
971.29, if an individual is charged with a covered crime, a prosecutor may not dismiss or amend the charge without the approval of the court.
967.056 of the statutes is created to standing s.
In the application to the court, the prosecutor shall state the reasons for the proposed amendment or dismissal.
971.29, if an individual is charged with a read:
The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public’s interest in deterring the commission of covered crimes and consistent with the legislature’s intent expressed in sub.
covered crime, a prosecutor may not dismiss or amend 967.056 Prosecution of certain crimes.
(1) I N- the charge without the approval of the court.
In the ap- TENT .
The legislature intends to encourage the vigorous plication to the court, the prosecutor shall state the rea- * Section 991.11, ISCONSINSTATUTES:
Effective date of acts.
XEvery act and every portion of an act enacted by the legislature over the gov- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.Y Wisconsin Act - 2 - 2025 Senate Bill 76 sons for the proposed amendment or dismissal.
The 971.38 (1) Except as provided in s.
967.055 (3) or court may approve the application only if the court finds 967.056 (4), the district attorney may require as a condi- that the proposed amendment or dismissal is consistent tion of any deferred prosecution program for any crime with the public[s interest in deterring the commission of that the defendant perform community service work for covered crimes and consistent with the legislature[s in- a public agency or a nonprofit charitable organization.
tent expressed in sub.
If a court approves at least one application in a year, the court shall submit to the appropriate standing committees of the legislature under s.
If, during the course of a year, The number of hours of work required may not exceed a court approves at least one application under this sub- what would be reasonable considering the seriousness section to dismiss or amend a charge of a covered crime, of the alleged offense.
13.172 (3) - 2026 Legislature - 5 - LRB-2036/1 CMH:emw SENATE BILL 76 SECTION 8 an annual report detailing each application the court approved that year and how each approval is consistent with the public’s interest and the legislature’s intent.
An order may only apply if the court shall submit to the appropriate standing com- agreed to by the defendant and the organization or mittees of the legislature under s.
13.172 (3) an annual agency.
The district attorney shall ensure that the defen- report detailing each application the court approved that dant is provided a written statement of the terms of the year and how each approval is consistent with the pub- community service order and that the community ser- lic[s interest and the legislature[s intent.
vice order is monitored.
A prosecutor may not place a person in a deferred prosecution program if a complaint or information is filed that alleges the person committed a covered crime or if the person is charged with a covered crime.
A prosecutor may S ECTION 12.
S ECTION 9.
971.39 (1) (intro.) of the statutes is not place a person in a deferred prosecution program if a amended to read:
968.075 (7) (c) of the statutes is created to read:
complaint or information is filed that alleges the person 971.39 (1) (intro.) Except as provided in s.
968.075 (7) (c) A policy indicating how the office may best execute the intent of s.
967.055 committed a covered crime or if the person is charged (3) or 967.056 (4), in counties having a population of with a covered crime.
less than 100,000, if a defendant is charged with a crime, SECTION 9.
968.075 (7) (c) of the statutes is created the district attorney, the department and a defendant to read:
may all enter into a deferred prosecution agreement 968.075 (7) (c) A policy indicating how the office which includes, but is not limited to, the following may best execute the intent of s.
S ECTION 10.
conditions:
SECTION 10.
S ECTION 11.
S ECTION 13.
971.38 (1) of the statutes is amended to read:
971.38 (1) Except as provided in s.
967.055 (3) or 967.056 (4), the district attorney may require as a condition of any deferred prosecution program for any crime that the defendant perform community service work for a public agency or a nonprofit charitable organization.
The number of hours of work required may not exceed what would be reasonable considering the seriousness of the alleged offense.
An order may only apply if agreed to by the defendant and the organization or agency.
The district attorney shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.
S ECTION 12.
971.39 (1) (intro.) of the statutes is amended to read:
971.39 (1) (intro.) Except as provided in s.
967.055 (3) or 967.056 (4), in counties having a population of less than 100,000, if a defendant is charged with a crime, the district attorney, the department and a defendant may all enter into a - 2026 Legislature - 6 - LRB-2036/1 CMH:emw SENATE BILL 76 S ECTION 12 deferred prosecution agreement which includes, but is not limited to, the following conditions:
SECTION 13.
(1) This act first applies to a complaint, information, or charge filed on the effective date of this subsection.
SECTION 11.
END )
971.38 (1) of the statutes is amended (1) This act first applies to a complaint, information, to read:
or charge filed on the effective date of this subsection.
View plain text versions (4)

Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 10-31-2025

  4. Presented to the Governor on 10-30-2025

  5. Report correctly enrolled

  6. Received from Assembly concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in, Ayes 53, Noes 43, Paired 2

  9. Rules suspended

  10. Ordered to a third reading

  11. Decision of the Chair upheld, Ayes 53, Noes 43

  12. Decision of the Chair appealed

  13. Point of order that Assembly Amendment 1 not germane under Assembly Rule 54 (3)(f) well taken

  14. Assembly Amendment 1 offered by Representative Udell

  15. Read a second time

  16. Rules suspended to withdraw from calendar and take up

  17. Placed on calendar 10-14-2025 by Committee on Rules

  18. Read first time and referred to committee on Rules

  19. Received from Senate

  20. Ordered immediately messaged

  21. Read a third time and passed, Ayes 18, Noes 15

  22. Rules suspended to give bill its third reading

  23. Ordered to a third reading

  24. Senate Amendment 2 adopted

  25. Senate Amendment 1 adopted

  26. Read a second time

  27. Placed on calendar 4-22-2025 pursuant to Senate Rule 18(1)

  28. Available for scheduling

  29. Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3

  30. Report adoption of Senate Amendment 2 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3

  31. Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3

  32. Executive action taken

  33. Senate Amendment 2 offered by Senators Hutton and Wimberger

  34. Public hearing held

  35. Senate Amendment 1 offered by Senator Hutton

  36. Read first time and referred to Committee on Judiciary and Public Safety

  37. Introduced by Senators Hutton, Nass and Tomczyk; cosponsored by Representatives B. Jacobson, Behnke, Brill, Dittrich, Donovan, Duchow, Gundrum, Knodl, Kreibich, Krug, Moses, Murphy, Mursau and Wichgers

Sponsors

  • B. Jacobson · Cosponsor
  • Behnke · Cosponsor
  • Brill · Cosponsor
  • Dittrich · Cosponsor
  • Donovan · Cosponsor
  • Duchow · Cosponsor
  • Gundrum · Cosponsor
  • Knodl · Cosponsor
  • Steve Nass · Cosponsor
  • Kreibich · Cosponsor
  • Krug · Cosponsor
  • Moses · Cosponsor
  • Murphy · Cosponsor
  • Mursau · Cosponsor
  • Wichgers · Cosponsor
  • Cory Tomczyk · Cosponsor
  • Rob Hutton · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 16 co-sponsors · 115 not signed on · 52 voted No

Sponsors (1)

Co-sponsors (16)

  • B. Jacobson
  • Behnke
  • Brill
  • Dittrich
  • Donovan
  • Duchow
  • Gundrum
  • Knodl
  • Nass, Steve Republican
  • Kreibich
  • Krug
  • Moses
  • Murphy
  • Mursau
  • Wichgers
  • Tomczyk, Cory Republican

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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

Decision of the Chair upheld

Passed 53 Yea · 43 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 52001
Unaffiliated 1300
Democrat 04002
Total 534303
% of votes cast 54%43%0%3%
How each member voted (99)
Member Party Vote
ANDERSON — Nay
JOHNSON — Nay
MOORE OMOKUNDE — Nay
SPEAKER — Yea
Andraca, Deb Democrat Nay
Arney, Margaret Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Brown, Brienne Democrat Nay
Clancy, Ryan Democrat Not Voting
Cruz, Angelina Democrat Nay
DeSanto, Karen Democrat Nay
DeSmidt, Ben Democrat Nay
Doyle, Steve Democrat Nay
Emerson, Jodi Democrat Nay
Fitzgerald, Joan Democrat Nay
Goodwin, Russell Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Hysell, Andrew Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Kirsch, Karen Democrat Nay
Madison, Darrin Democrat Nay
Mayadev, Renuka Democrat Nay
McCarville, Maureen Democrat Nay
McGuire, Tip Democrat Nay
Miresse, Vincent Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Palmeri, Lori Democrat Nay
Phelps, Christian Democrat Nay
Prado, Priscilla Democrat Nay
Rivera-Wagner, Amaad Democrat Nay
Roe, Ann Democrat Nay
Sheehan, Joe Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Spaude, Ryan Democrat Nay
Stroud, Angela Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Tenorio, Angelito Democrat Nay
Udell, Randy Democrat Nay
Vining, Robyn Democrat Not Voting
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brill, Lindee Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Franklin, Benjamin Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Jacobson, Brent Republican Yea
Kaufert, Dean Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Kreibich, Rob Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Not Voting
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Piwowarczyk, Jim Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tucker, Duke Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Passed 18 Yea · 15 Nay
Party YeaNayPresentNot Voting
Republican 18000
Democrat 01200
Unaffiliated 0300
Total 181500
% of votes cast 55%45%0%0%
How each member voted (33)
Member Party Vote
JOHNSON — Nay
DASSLER-ALFHEI — Nay
HABUSH SINYKIN — Nay
Carpenter, Tim Democrat Nay
Drake, Dora Democrat Nay
Hesselbein, Dianne Democrat Nay
Keyeski, Sarah Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Ratcliff, Melissa Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Spreitzer, Mark Democrat Nay
Wall, Jamie Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 76 do?
An Act to repeal 971.37; to amend 20.410 (1) (gL), 20.437 (1) (hh), 814.75 (8), 814.75 (8m), 814.76 (6), 814.80 (6), 814.81 (6), 971.38 (1) and 971.39 (1) (intro.); to create 967.056 and 968.075 (7) (c) of the statutes;
Who sponsors SB 76?
SB 76 is sponsored by B. Jacobson, Behnke, Brill, Dittrich, Donovan, Duchow, Gundrum, Knodl, Nass, Steve (Republican), Kreibich, Krug, Moses, Murphy, Mursau, Wichgers, Tomczyk, Cory (Republican), and Hutton, Rob (Republican).
What is the current status of SB 76?
This bill has been sent to the executive. Introduced February 26, 2025. It awaits signature.
Where can I track SB 76?
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