SB 34 — An Act relating to the implementation of the federal REAL ID Act of 2005; and relating to issuance of identification cards and driver's licenses; and providing for an effective date.
Last action — Referred to Rules
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 30th Legislature (2017-2018). 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
11 added · 8 removedPlain-language change summary
The recent amendments to Bill SB 34 clarify how the state of Alaska will implement the federal REAL ID Act. Key changes include a commitment to protect residents' privacy by limiting how personal data, especially social security numbers, can be shared or retained. This is important because it aims to balance compliance with federal regulations while ensuring citizens' rights to privacy are upheld. Additionally, it affirms that residents can still obtain non-federally compliant identification cards without facing any mandatory requirements to have federally compliant ones.
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relating to issuance of identification cards and driver'sdrivers' licenses;
34(STA)34(FIN) 01 "An Act relating to the implementation of the federal REAL ID Act of 2005;
relating to 02 issuance of identification cards and driver'sdrivers' licenses;
The uncodified law of the State of Alaska is amended by adding a new section 06 to read:
07 LEGISLATIVE INTENT.
It is the intent of the legislature that the state continue to 08 work with the Alaska delegation in Congress to amend provisions of P.L.
109-13, Division B 09 (REAL ID Act of 2005) that compromise the rights of Alaskans to the privacy of their 10 personal information, while protecting the nation's efforts to combat terrorism.
11 * Sec.
2.
0612 (a) Upon payment of a $15 fee, the department shall issue a card identical to 0713 the motor vehicle operator's license provided for in AS 28.15.111, except that the card 0814 shall be of a different color and shall state in bold type letters across the face of it that 09 it is for identification purposes only.
Upon request of a person and upon payment 1002 of an additional $15$20 fee, the department may issue an identification card under 1103 this section that is federally compliant.
04 * Sec.
3.
AS 18.65.310(b) is amended to read:
05 (b) A person may obtain an identification card provided for in (a) of this 06 section by applying to the department on forms and in the manner prescribed by the 07 department.
The department shall include on the application for an identification 08 card a requirement that the applicant indicate 09 (1) that the applicant understands the options for identification 10 cards available at the time of issuance;
and 11 (2) the type of identification card that the applicant selects.
2.4.
(n)For Nothingidentification incards thisthat sectionare orfederally regulationscompliant, adopted15 underthe thisdepartment section16 requires(1) ashall 02copy, personscan, toor beretain issuedonly anthe identificationminimum cardnumber thatof isdocuments federally17 compliant.required by P.L.
A109-13, personDivision mustB 03(REAL clearlyID requestAct of 2005), or other applicable state 18 or federal law, for issuance of an identification card that is federally compliant.compliant;
The19 state(2) orshall adestroy, 04regularly municipaland governmentas mayclose notas requirepracticable ato person15 toyears possessafter 20 the date of application unless otherwise required by another applicable state or usefederal an21 identificationlaw, 05any carddocuments thatretained isunder federally(1) compliant.of this subsection;
06and (o)22 Under(3) regulations adopted by the department, the department may issuenot tocopy, 07scan, aor personretain anin identificationany cardform with a durationdocument ofthat less than eight years if the person is 08not authorized23 required to staybe inretained theunder United(1) States for less than eight years or if the period of 09this authorizedsubsection. stay is indefinite.
24 (n) The department shall issuecontinue theto issue identification cardcards forthat theare 10not period25 offederally thecompliant. authorized stay.
IfNothing thein periodthis ofsection authorizedor stayregulations isadopted indefinite,under thethis 11section department26 shallrequires issuea theperson identificationto cardbe withissued aan validityidentification ofcard onethat year.is federally compliant.
12An (p)27 Anapplicant must clearly request an identification card that is not federally compliant mustto be28 processedobtain 13one. and created in this state.
14The (q)state Inor thisa section,municipal "federallygovernment compliant"may meansnot certifiedrequire bya person to possess 29 or use an identification card that is federally compliant unless the Unitedperson Statesis 15a Departmentstate ofor Homeland30 Securitymunicipal toemployee beand inthe complianceduties withof the requirementsperson's job require the use of P.L.an 31 identification card that is federally compliant.
16The 109-13,state Divisionor Ba (REALmunicipal IDgovernment Actshall ofotherwise 2005),treat andan meetingidentification card that is not federally compliant the standardssame ofas 602 C.F.R.an identification card that is federally compliant.
17For Partan 37,identification ascard amended.that is not 03 federally compliant, the department 04 (1) shall retain an image of the face on the identification card for not 05 more than 15 years after the date of application;
18if *an Sec.applicant does not receive an 06 identification card, the department may not retain an image of the applicant's face;
3.07 (2) shall scan and retain only the minimum documents necessary for 08 issuance of the identification card;
the department shall destroy any documents 09 retained one year after the identification card expires.
10 (o) An identification card expires on the person's birthday in the eighth year 11 following issuance of the identification card.
An identification card may be renewed 12 within one year of its expiration upon proper application and payment of the required 13 fee.
An identification card may be renewed by mail or on the department's Internet 14 website, except that an identification card may not be renewed by mail or on the 15 department's Internet website if the most recent renewal of the applicant's 16 identification card was by mail or on the department's Internet website.
Under 17 regulations adopted by the department, the department may issue to a person an 18 identification card with a duration of less than eight years if the person is authorized to 19 stay in the United States for less than eight years or if the period of authorized stay is 20 indefinite.
The department shall issue the identification card for the period of the 21 authorized stay.
If the period of authorized stay is indefinite, the department shall issue 22 the identification card with a validity of up to eight years.
23 (p) The department shall provide public information about the differences 24 between identification cards and identification cards that are federally compliant.
The 25 department shall also provide the information to applicants for new and renewal 26 identification cards at the time of application.
Show all 162 changed lines (122 more)
At a minimum, the information must 27 include a description of 28 (1) each type of identification card;
29 (2) the storage and sharing process for an applicant's information for 30 an identification card and an identification card that is federally compliant;
and 31 (3) the official purpose and limitations on the use of each type of identification card, including a description of the purposes for which an identification 02 card that is federally compliant may be required and a description of alternatives to 03 using an identification card that is federally compliant to serve those purposes.
04 (q) In this section, "identification card that is federally compliant" means an 05 identification card issued by the state that has been certified by the United States 06 Department of Homeland Security to be in compliance with the requirements of P.L.
07 109-13, Division B (REAL ID Act of 2005).
08 * Sec.
5.
1909 Sec.
The(a) departmentIf maythe notdepartment conveyconveys, 2010 ordistributes, distribute to or communicatecommunicates withdata anto entitybe orused individualin that is not a statedatabase, agencyindex, 21pointer orsystem, employee, or permit11 theany conveyanceother orsystem distributionmanaged toby or communication with an 22 entity orother individualthan that is not a state agency or employee, any data beyond the datadepartment, 23including necessary for the department12 toAmerican administerAssociation driver'sof licensingMotor underVehicle ASAdministrators, 28.15to orcomply with the 2413 datarequirements authorizedof underP.L. AS 28.10.505.
25109-13, *Division Sec.B (REAL ID Act of 2005), the department may 14 not convey, distribute, or communicate to that entity any data not required to be 15 conveyed, distributed, or communicated for the state to be certified by the United 16 States Department of Homeland Security to be in compliance with the requirements of 17 P.L.
4.109-13, Division B (REAL ID Act of 2005).
18 (b) The department shall take all steps available to obtain from the entity an 19 agreement that the state need not convey, distribute, or communicate social security 20 numbers, in whole or in part, to participate in the database, index, pointer system, or 21 other system.
22 (c) The department shall take all steps available to work with other states, the 23 United States Department of Homeland Security, and any multistate entities in which 24 the state participates to secure a means of compliance with P.L.
109-13, Division B 25 (REAL ID Act of 2005), including through an interstate compact, that does not 26 involve the storage or sharing of social security numbers, in whole or in part, with an 27 interstate database, index, pointer system, or other system.
28 (d) If the department has complied with (b) and (c) of this section and has 29 been unable to secure a means of compliance with P.L.
109-13, Division B (REAL ID 30 Act of 2005) that does not involve the storage or sharing of social security numbers, in 31 whole or in part, the department shall take all steps necessary to minimize the number of digits of a social security number required to be stored or shared.
02 (e) The department may share only the least number of digits of a person's 03 social security number necessary to comply with federal law that requires the 04 department to determine whether a person has been issued a driver's license in another 05 state.
06 (f) The department shall submit an annual report on the results of the efforts 07 required under (b) - (e) of this section to the senate secretary and chief clerk of the 08 house of representatives on or before January 31 of each year and notify the legislature 09 that the report is available.
10 * Sec.
6.
2611 (d) The commissioner shall adopt regulations for the issuance of driver'sdrivers' 2712 licenses that are federally compliant.
28For (e)drivers' Nothinglicenses inthat thisare sectionfederally orcompliant, regulations13 adoptedthe underdepartment this14 section(1) requiresshall acopy, 29scan, driveror toretain beonly issuedthe aminimum driver'snumber licenseof thatdocuments is15 federallyrequired compliant.by P.L.
A109-13, personDivision mustB clearly(REAL 30ID requestAct of 2005), or other applicable state 16 or federal law, for issuance of a driver's license that is federally compliant.compliant;
The17 state(2) orshall adestroy, municipalregularly 31and governmentas mayclose notas requirepracticable ato person15 toyears possessafter 18 the date of application unless otherwise required by another applicable state or usefederal a19 driver'slaw, licenseany thatdocuments isretained federallyunder compliant.(1) of this subsection;
02and *20 Sec.(3) may not copy, scan, or retain in any form a document that is not 21 required to be retained under (1) of this subsection.
5.22 (e) The department shall continue to issue drivers' licenses that are not 23 federally compliant.
Nothing in this section or regulations adopted under this section 24 requires a driver to be issued a driver's license that is federally compliant.
An 25 applicant must clearly request a driver's license that is federally compliant to obtain 26 one.
The state or a municipal government may not require a person to possess or use a 27 driver's license that is federally compliant unless the person is a state or municipal 28 employee and the duties of the person's job require the use of a driver's license that is 29 federally compliant.
The state or a municipal government shall otherwise treat a 30 driver's license that is not federally compliant the same as a driver's license that is 31 federally compliant.
For a driver's license that is not federally compliant, the department 02 (1) shall retain an image of the face on the license for not more than 15 03 years after the date of application;
if an applicant does not receive a driver's license, 04 the department may not retain an image of the applicant's face;
05 (2) shall scan and retain only the minimum documents necessary for 06 issuance of the driver's license;
the department shall destroy any documents retained 07 one year after the driver's license expires.
08 (f) The department shall provide public information about the differences 09 between drivers' licenses and drivers' licenses that are federally compliant.
The 10 department shall also provide the information to applicants for new and renewal 11 drivers' licenses at the time of application.
At a minimum, the information must 12 include a description of 13 (1) each type of driver's license;
14 (2) the storage and sharing process for an applicant's information for a 15 driver's license and a driver's license that is federally compliant;
and 16 (3) the official purpose and limitations on use of each type of driver's 17 license, including a description of the purposes for which a driver's license that is 18 federally compliant may be required and a description of alternatives to using a 19 driver's license that is federally compliant to serve those purposes.
20 * Sec.
7.
0321 (b) An application under (a) of this section must 0422 (1) contain the applicant's full legal name, date and place of birth, sex, 0523 and mailing and residence addresses;
0624 (2) state whether the applicant has been previously licensed in the past 0725 10 years as a driver and, if so, when and by what jurisdiction;
0826 (3) state whether any previous driver's license issued to the applicant 0927 has ever been suspended or revoked or whether an application for a driver's license has 1028 ever been refused and, if so, the date of and reason for the suspension, revocation, or 1129 refusal;
1230 (4) contain the applicant's social security number;
the requirement of 1331 this paragraph only applies to an applicant who has been issued a social security 14 number;
[AND] 1502 (5) contain other information that the department may reasonably 1603 require to determine the applicant's identity, competency, and eligibility;
and 1704 (6) providerequire separatethat notices to the applicant regardingindicate how05 data(A) 18that will be stored, where the driver'sapplicant licenseunderstands will be printed, and other pertinent 19 information regarding the applicationoptions for adrivers' driver's06 licenselicenses andavailable aat driver'sthe licensetime 20of thatissuance; is federally compliant.
21and *07 Sec.(B) the type of driver's license that the applicant selects.
6.08 * Sec.
8.
2209 (a) Except as otherwise provided in this chapter, a driver's license expires on 2310 the licensee's birthday in the eighth [FIFTH] year following issuance of the license.
A 2411 license may be renewed within one year of its expiration upon proper application, 2512 payment of the required fee, and except when a license is renewed under (c) of this 2613 section, successful completion of a test of the licensee's eyesight.
2714 * Sec.
7.9.
2815 (d) Under regulations adopted by the department, the department may issue to 2916 a person a driver's license with a duration of less than eight [FIVE] years if the person 3017 is authorized to stay in the United States for less than eight [FIVE] years or the period 3118 of authorized stay is indefinite.
The department shall issue the license for the period of 19 the authorized stay.
If the period of authorized stay is indefinite, the department shall 0220 issue the license with a validity of oneup year.to eight years [ONE YEAR.
[THETHE 21 DEPARTMENT SHALL 03 PROVIDE THAT A PERSON RECEIVING A LICENSE 22 WITH A DURATION OF 04 LESS THAN FIVE YEARS UNDER THIS SUBSECTION 23 MAY RENEW THE 05 LICENSE WITHOUT A RENEWAL FEE DURING A PERIOD 24 OF UP TO FIVE 06 YEARS AFTER FIRST ISSUANCE OF THE LICENSE.]LICENSE]. 07 * Sec.
8.25 * Sec.
10.
0826 (a) Upon successful completion of the application and all required 0927 examinations, and upon payment of the required fee, the department shall issue to 1028 every qualified applicant a driver's license indicating the type or general class of 1129 vehicles that the licensee may drive.
The license must (1) display a distinguishing 1230 number assigned to the license;
(2) display the licensee's full name, address, date of 1331 birth, brief physical description, and [COLOR] photograph;
(3) display either a 14 facsimile of the signature of the licensee or a space upon which the licensee must write 1502 the licensee's usual signature with pen and ink;
(4) display physical security features 1603 designed to prevent tampering, counterfeiting, or duplication of the document for 1704 fraudulent purposes [A[DISPLAY A HOLOGRAPHIC SYMBOL INTENDED TO PREVENT05 18PREVENT ILLEGAL ALTERATION OR DUPLICATION];
(5) display, for a 06 qualified applicant 19 who is under 21 years of age, the words "UNDER 21";
and (6) to 07 the extent the 20 department is able, be designed to allow the electronic reading and 08 electronic display 21 of the information described under (2) of this subsection and the 09 electronic reading 22 and display and a physical display on the license that the person is 10 restricted from 23 purchasing alcoholic beverages under AS 04.16.160.
UponA requestlicense ofmay anot person11 anddisplay 24the uponlicensee's paymentsocial ofsecurity annumber additionaland fee,is thenot departmentvalid mayuntil issuesigned aby driver'sthe license12 25licensee. that is federally compliant.
AIf licensefacilities mayare not displayavailable for the licensee'staking socialof securitythe 26photograph numberrequired andunder is13 notthis validsection, untilthe signeddepartment byshall endorse on the licensee.license, the words "valid without 14 photograph." 15 * Sec.
If11. facilities are not available for 27 the taking of the photograph required under this section, the department shall endorse 28 on the license, the words "valid without photograph." 29 * Sec.
9.
3016 (d) ForThe department may not engage in bulk sharing of facial images captured 17 as a driver'sresult licenseof thatan isapplication notfor federallya compliant,driver's thelicense departmentwith maya 31database, not,other unlessthan authorizeda database 18 established by the person,state, (1)regardless copyof orwhether retainthe anyapplicant documentsapplied usedfor toa verifydriver's an19 applicant'slicense identity,that 02is includingfederally passports,compliant birthor certificates,a ordriver's sociallicense securitythat cards;is not federally compliant.
0320 (2)The useprohibition imagein verificationthis orsubsection facialdoes recognitionnot asapply partto ofa thecommercial 04driver's applicationlicense. process;
or21 05(e) (3)A retaincommercial imagesdriver's oflicense themust applicant'sbe face.federally compliant.
0622 (e)* ASec. driver's license that is not federally compliant must be processed and 07 created in this state.
0812. * Sec.
10.
0923 (b) In addition to the fees under (a) of this section, 1024 (1) a person who renews a driver's license by mail shall pay a fee of 1125 $1;
1226 (2) a person who applies for a limited driver's license under 1327 AS 28.15.201 shall pay a fee of $100;
[AND]and 1428 (3) a person who applies for reinstatement of a driver's license under 1529 AS 28.15.211 shall pay a fee of 1630 (A) $100 if the person's driver's license has, within the 10 years 1731 preceding the application, been suspended, revoked, or limited under the 18 provisions of this chapter, except as provided by (C) of this paragraph, only 1902 once;
2003 (B) $250 if the person's driver's license has, within the 10 years 2104 preceding the application, been suspended, revoked, or limited under the 2205 provisions of this chapter, except as provided by (D) of this paragraph, two or 2306 more times;
2407 (C) $200 if the person's driver's license has, within the 10 years 2508 preceding the application, been revoked under AS 28.35.030 or 28.35.032 only 2609 once;
or 2710 (D) $500 if the person's driver's license has, within the 10 years 2811 preceding the application, been revoked under AS 28.35.030 or 28.35.032 two 2912 or more times;
and13 30 (4) a person who requestsapplies for a driver's license that is federally 3114 compliant shall pay a fee of $20.
15 * Sec.
11.13.
0216 (32) "federally"driver's license that is federally compliant" means a driver's 17 license issued by the state that has been certified by the United States 03 Department of 18 Homeland Security to be in compliance with the requirements of P.L.
04 109-13, 19 Division B (REAL ID Act of 2005),2005). and meeting the standards of 6 C.F.R.
05 Part 37, as amended.
06 * Sec.
12.
AS 44.99.040(a) is amended to read:
07 (a) A state or municipal agency may not use or authorize the use of an asset to 08 implement or aid in the implementation of a requirement of 09 (1) an order of the President of the United States, a federal regulation, 10 or a law enacted by the United States Congress that is applied to 11 (A) infringe on a person's right, under the Second Amendment 12 to the Constitution of the United States, to keep and bear arms;
13 (B) deny a person a right to due process, or a protection of due 14 process, that would otherwise be available to the person under the Constitution 15 of the State of Alaska or the Constitution of the United States;
or 16 (2) P.L.
109-13, Division B (REAL ID Act of 2005), other than the 17 minimum assets necessary to satisfy the specific requirements of that Act for an 18 agency to issue a driver's license or identification card that is acceptable to 19 federal agencies for official purposes.
13.
The uncodified law of the State of Alaska is amended by adding a new section to 21 read:
22 TRANSITION:
REGULATIONS.
The Department of Administration may adopt 23 regulations necessary to implement the changes made by this Act.
The regulations take effect 24 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 25 implemented by the regulations.
26 * Sec.
ThisAS Act44.99.040(a)(2) takesis effectrepealed. immediately under AS 01.10.070(c).
21 * Sec.
15.
AS 28.05.068(f) is repealed June 30, 2021.
22 * Sec.
16.
The uncodified law of the State of Alaska is amended by adding a new section to 23 read:
24 TRANSITIONAL PROVISIONS:
REGULATIONS.
The Department of 25 Administration may adopt regulations necessary to implement the changes made by this Act.
26 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 27 effective date of the law implemented by the regulation.
28 * Sec.
17.
Sections 14 and 16 of this Act take effect immediately under AS 01.10.070(c).
29 * Sec.
18.
Except as provided in sec.
17 of this Act, this Act takes effect January 1, 2019.
Show all 162 changed rows (122 more)
Action History
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Referred to Rules
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Fiscal Note 5: (Administration)
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Fiscal Note 3: No fiscal impact (Public Safety)
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Fiscal Note 2: No fiscal impact (Military and Veterans' Affairs)
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FIN Do Not Pass: HUGHES
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FIN No Recommendation: MACKINNON, OLSON, MICCICHE
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FIN Do Pass: HOFFMAN, BISHOP, VON IMHOF
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FIN RPT CS 3DP 1DNP 3NR NEW TITLE
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FN4: INDETERMINATE(S.STA/ADM)
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Fiscal Note 3: No fiscal impact (Public Safety)
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Fiscal Note 2: No fiscal impact (Military and Veterans' Affairs)
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STA No Recommendation: EGAN, GIESSEL
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STA Do Pass: COGHILL
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STA Do Not Pass: DUNLEAVY, WILSON
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STA RPT CS 1DP 2DNP 2NR NEW TITLE
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GOVERNOR'S TRANSMITTAL LETTER
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Fiscal Note 3: No fiscal impact (Public Safety)
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Fiscal Note 2: No fiscal impact (Military and Veterans' Affairs)
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Fiscal Note 1: (Administration)
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Referred to State Affairs and Finance
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Read the first time - REFERRALS
Sponsors
- RULES BY REQUEST OF THE GOVERNOR · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 64 not signed on
Sponsors (1)
- RULES BY REQUEST OF THE GOVERNOR
Co-sponsors (0)
None.
Not signed on (64)
64 members have not signed on to this bill.
Show all 64 →"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.
Subjects
Frequently asked questions
- Who sponsors SB 34?
- SB 34 is sponsored by RULES BY REQUEST OF THE GOVERNOR.
- What is the current status of SB 34?
- This bill died with 30th Legislature (2017-2018). 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 34?
- Track SB 34 free on One Click Politics — get push/email alerts when it moves.
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