SB 83 — An Act relating to the Regulatory Commission of Alaska; relating to the public utility regulatory cost charge; relating to the regulation of telecommunications; relating to exemptions, charges, and rates applicable to telecommunications utilities; relating to regulation of telephone services; relating to exempt employees; and relating to alternate operator services.
Last action — (S) EFFECTIVE DATE(S) OF LAW 11/27/19
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 11, 2019. Enacted.
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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Mixed recorded votes
3 passed, 1 failed in 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.
Bill Text
What changed in the latest version
7 added · 10 removedPlain-language change summary
In the latest version of SB 83, the language regarding exemptions for public utilities has been clarified and streamlined, specifically removing references to certain regulations and specifying the authority of the Regulatory Commission of Alaska over utilities that provide services to inmates. This matters because it aims to simplify the regulatory framework for telecommunications utilities and ensure consistent oversight regarding rates and services, enhancing clarity for both providers and consumers. Additionally, the removal of the term "exempt employees" indicates a shift in focus regarding the regulation of utility services, potentially impacting how oversight bodies function.
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and relating to exemptalternate employees;operator services." SENATE BILL NO.
and83 relating01 to"An alternateAct operatorrelating services."to HOUSEthe CSRegulatory FORCommission SENATEof BILLAlaska; NO.
83(L&C) 01 "An Act relating to the Regulatory Commission of Alaska;
and relating to exemptalternate employees;operator services." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
and relating to alternate 05 operator services." 06 BE* ITSection ENACTED1. BY THE LEGISLATURE OF THE STATE OF ALASKA:
07 * Section 1.
0807 (a) The assembly acting for the area outside all cities in the borough and the 0908 council acting for the area in a city may regulate, fix, establish, and change the rates 1009 and charges imposed for a utility service provided to the municipality or its inhabitants 1110 by a utility that is not subject to regulation under AS 42.05 unless that utility is 1211 exempted from regulation under AS 42.05.711(a), (d) - (k), (o), (p), [OR] (r), or (u) 1312 [IS EXEMPTED UNDER REGULATIONS ADOPTED UNDER AS 42.05.810 13 FROM COMPLYING WITH ALL OR PART OF AS 42.05.141 - 42.05.712, 0214 42.05.990, OR 42.05.995].
03 * Sec.
AS 39.25.11042.05.141 is amended by adding new subsections to read:
0402 Sec.(e) The commission may not designate a local exchange carrier or long 03 distance telephone company as the carrier of last resort.
39.25.110.In this subsection, "local 04 exchange carrier" and "long distance telephone company" have the meanings given in 05 AS 42.05.890.
Exempt06 service.(f) The commission may designate an eligible telecommunications carrier 07 consistent with 47 U.S.C.
Unless214(e). otherwise provided by law, the 05 following positions in the state service constitute the exempt service and are exempt 06 from the provisions of this chapter and the rules adopted under it:
07 (1) persons elected to public office by popular vote or appointed to fill 08 vacancies* inSec. elected offices;
09 (2) justices, judges, magistrates, and employees of the judicial branch 10 including employees of the judicial council;
11 (3) employees of the state legislature and its agencies;
12 (4) the head of each principal department in the executive branch;
13 (5) officers and employees of the University of Alaska;
14 (6) certificated teachers and noncertificated employees employed by a 15 regional educational attendance area established and organized under AS 14.08.031 - 16 14.08.041 to teach in, administer, or operate schools under the control of a regional 17 educational attendance area school board;
18 (7) certificated teachers employed by the Department of Education and 19 Early Development as correspondence teachers, teachers in skill centers operated by 20 the Department of Education and Early Development or by the Department of Labor 21 and Workforce Development, or in Mt.
Edgecumbe School;
22 (8) patients and inmates employed in state institutions;
23 (9) persons employed in a professional capacity to make a temporary 24 or special inquiry, study or examination as authorized by the governor;
25 (10) members of boards, commissions, or authorities;
26 (11) the officers and employees of the following boards, commissions, 27 and authorities:
28 (A) [REPEALED] 29 (B) Alaska Permanent Fund Corporation;
30 (C) Alaska Industrial Development and Export Authority;
31 (D) Alaska Commercial Fisheries Entry Commission;
(E) Alaska Commission on Postsecondary Education;
02 (F) Alaska Aerospace Corporation;
03 (G) [REPEALED] 04 (H) Alaska Gasline Development Corporation and subsidiaries 05 of the Alaska Gasline Development Corporation;
06 (12) the executive secretary and legal counsel of the Alaska Municipal 07 Bond Bank Authority;
08 (13) the state medical examiner, deputy medical examiner, and 09 assistant medical examiners appointed under AS 12.65.015 and pharmacists and 10 physicians licensed to practice in this state and employed by the Department of Health 11 and Social Services or by the Department of Corrections;
12 (14) petroleum engineers and petroleum geologists employed in a 13 professional capacity by the Department of Natural Resources and by the Alaska Oil 14 and Gas Conservation Commission;
15 (15) [REPEALED] 16 (16) persons employed by the division of marine transportation as 17 masters and members of the crews of vessels who operate the state ferry system and 18 who are covered by a collective bargaining agreement provided in AS 23.40.040;
19 (17) officers and employees of the state who reside in foreign 20 countries;
21 (18) employees of the Alaska Seafood Marketing Institute;
22 (19) emergency firefighting personnel employed by the Department of 23 Natural Resources for a fire emergency or for fire prevention and related activities 24 conducted under AS 41.15.030;
25 (20) employees of the Office of the Governor and the office of the 26 lieutenant governor, including the staff of the governor's mansion;
Show all 119 changed lines (79 more)
27 (21) [REPEALED] 28 (22) youth employed by the Department of Natural Resources under 29 the Youth Employment and Student Intern programs;
30 (23) [REPEALED] 31 (24) students employed by the state institutions in which the students are enrolled;
02 (25) [REPEALED] 03 (26) investment officers in the Department of Revenue;
04 (27) [REPEALED] 05 (28) persons engaged in employment or pre-employment training 06 programs operated by the Department of Military and Veterans' Affairs;
07 (29) [REPEALED] 08 (30) a person employed as an actuary or assistant actuary by the 09 division of insurance in the Department of Commerce, Community, and Economic 10 Development;
11 (31) [REPEALED] 12 (32) a participant in the Alaska temporary assistance program under 13 AS 47.27 who holds a temporary position with the state in order to obtain job training 14 or experience;
15 (33) a person employed as a convener under AS 44.62.730 or as a 16 facilitator under AS 44.62.760 related to a negotiated regulation making process under 17 AS 44.62.710 - 44.62.800;
18 (34) the chief executive officer and employees of the Alaska Mental 19 Health Trust Authority employed under AS 47.30.026(b);
20 (35) the assistant adjutant general for space and missile defense 21 appointed under AS 26.05.185;
22 (36) the victims' advocate established under AS 24.65.010 and the 23 advocate's staff;
24 (37) employees of the Alaska mental health trust land unit established 25 under AS 44.37.050;
26 (38) the executive director of the Council on Domestic Violence and 27 Sexual Assault established under AS 18.66.010;
28 (39) the executive director and employees of the Knik Arm Bridge and 29 Toll Authority under AS 19.75.051 and 19.75.061;
30 (40) the chair of the Workers' Compensation Appeals Commission 31 (AS 23.30.007);
(41) the Alaska Gasline Inducement Act coordinator appointed under 02 AS 43.90.250;
03 (42) oil and gas audit masters employed in a professional capacity by 04 the Department of Revenue and the Department of Natural Resources to collect oil and 05 gas revenue by developing policy, conducting studies, drafting proposed regulations, 06 enforcing regulations, and directing audits by oil and gas revenue auditors;
07 (43) the in-state gasline project coordinator appointed under 08 AS 38.34.010;
09 (44) the executive director and employees of the Alaska State Council 10 on the Arts employed under AS 44.27.054 and 44.27.055;
11 (45) utilities analyst masters employed in a professional capacity 12 by the Regulatory Commission of Alaska under AS 42.04.050(a).
13 * Sec.
AS 42.04.050(a)42.05.254(a) is amended to read:
1409 (a) TheA chairregulated ofpublic theutility commissionor isa responsiblecertificated forutility directingthat provides 10 telecommunications services operating in the administrativestate 15shall functionspay ofto the commission andan carrying11 outannual regulatory cost charge in an amount not to exceed the policiesmaximum aspercentage setof by12 adjusted gross revenue that applies to the commission.utility sector of which the utility is a part.
1613 The regulatory cost charges that the commission chairexpects mayto employcollect engineers,from hearingall examiners,regulated administrative14 lawutilities 17and judges,certificated arbitrators,utilities mediators,providing experts,telecommunications clerks,services accountants,may anot number15 exceed the sum of utilitiesthe 18following analystpercentages masters,of notthe tototal exceedadjusted five,gross andrevenue otherof agentsall 16 regulated public utilities and assistantscertificated consideredutilities 19providing necessary.telecommunications 17 services derived from operations in the state:
Employees(1) not more than .7 percent to fund the 18 operations of the commissioncommission, whoand are(2) not inmore thethan exempt.17 servicepercent underto 20fund ASoperations 39.25.110of or19 the partiallypublic exemptadvocacy servicefunction under AS 39.25.12042.04.070(c) areand inAS the44.23.020(e) classifiedwithin 21the service20 underDepartment ASof 39.25.100.Law.
An exempt utility that does not provide telecommunications 21 services shall pay the actual cost of services provided to it by the commission.
AS 42.05.14142.05.254(h) is amended by adding new subsections to read:
23 (e)(h) The commission mayshall notby designateregulation establish a localmethod exchangeto carrierdetermine or24 longannually 24the distancemaximum telephonepercentage companyof asadjusted gross revenue that will apply to each 25 regulated public utility sector, the carriercertificated oftelecommunications lastutility resort.sector, 26 and [THE MAXIMUM PERCENTAGE OF GROSS REVENUE THAT WILL 27 APPLY TO] the regulated pipeline carrier sector.
InOther thisthan subsection,the "localcost 25of exchangeservices carrier"28 andprovided "longto distanceexempt telephoneutilities company"that havedo not provide telecommunications services, the meanings29 givenmethod inestablished 26shall allocate the commission's costs, and the Department of Law's 30 certified costs of its public advocacy function under AS 42.05.890.42.04.070(c) and 31 AS 44.23.020(e), among the regulated public utility sectors, the certificated telecommunications utility sector, and the regulated pipeline carrier sector based on 02 the relative amount of the commission's annual costs and the Department of Law's 03 certified costs that is attributable to regulating each sector.
27For (f)purposes Theof this 04 subsection, the Department of Law shall annually certify to the commission maythe designatecosts an05 eligibleof telecommunicationsits carrierpublic 28advocacy consistentfunction withunder 47AS U.S.C.42.04.070(c) and AS 44.23.020(e).
214(e).06 * Sec.
29 * Sec.
AS 42.05.254(a)42.05.254(i)(2) is amended to read:
3007 (a)(2) A"exempt regulatedutility" publicmeans utility or a certificatedpublic utility that providesdoes 31not provide 08 telecommunications services operatingand inis thecertificated stateby shall pay to the commission anunder annual09 regulatoryAS cost42.05.221 charge- in42.05.281 anbut, amountin notaccordance towith exceedAS the42.05.711, maximumis percentageexempt offrom 02other adjusted10 grossregulatory revenuerequirements that applies to the utility sector of whichthis thechapter; utility is a part.
0311 The* regulatorySec. cost charges that the commission expects to collect from all regulated 04 utilities and certificated utilities providing telecommunications services may not 05 exceed the sum of the following percentages of the total adjusted gross revenue of all 06 regulated public utilities and certificated utilities providing telecommunications 07 services derived from operations in the state:
(1) not more than .7 percent to fund the 08 operations of the commission, and (2) not more than .17 percent to fund operations of 09 the public advocacy function under AS 42.04.070(c) and AS 44.23.020(e) within the 10 Department of Law.
An exempt utility that does not provide telecommunications 11 services shall pay the actual cost of services provided to it by the commission.
12 * Sec.
AS 42.05.254(h)42.05.361 is amended by adding a new subsection to read:
1312 (h)(d) The commission shallmay byrequire regulation establish a methodtelecommunications carrier to determinemake 14tariff annually13 thefilings maximumrelated percentageto oftelecommunications adjustedservices grossprovided revenue that will apply to eachinmates 15in regulated public utility sector, the certificatedcustody telecommunicationsof utility14 sector, 16 and [THE MAXIMUM PERCENTAGE OF GROSS REVENUE THAT WILL 17 APPLY TO] the regulatedDepartment pipelineof carrierCorrections. sector.
OtherNotwithstanding than(a) the- cost(c) of servicesthis 18section, providedthe to15 exemptcommission utilitiesmay that do not providerequire telecommunicationsa services, the 19 method established shall allocate the commission's costs, and the Department of Law's 20 certified costs of its public advocacy function under AS 42.04.070(c) and 21 AS 44.23.020(e), among the regulated public utility sectors, the certificated 22 telecommunications utility sector, and the regulated pipeline carrier sector based on 23 the relative amount of the commission's annual costs and the Department of Law's 24 certified costs that is attributable to regulatingmake eachother sector.tariff filings.
For16 purposes* ofSec. this 25 subsection, the Department of Law shall annually certify to the commission the costs 26 of its public advocacy function under AS 42.04.070(c) and AS 44.23.020(e).
27 * Sec.
AS 42.05.254(i)(2)42.05.381 is amended by adding new subsections to read:
2817 (2)(l) "exemptThe utility"rates meansand aterms publicand utilityconditions thatof doesservice notof providean 29incumbent telecommunicationslocal services18 andexchange iscarrier certificatedfor bybasic theresidential commissionlocal undertelephone 30service ASmust 42.05.221be -uniform 42.05.281within but,19 inits accordancestudy witharea, ASas 42.05.711,determined isby exemptthe fromFederal otherCommunications 31Commission. regulatory requirements of this chapter;
*20 Sec.(m) The rates and terms and conditions of service of a competitive local 21 exchange carrier for basic residential local telephone service must be uniform 22 throughout its service area.
23 (n) The retail rates of a long distance telephone company for message 24 telephone service for residential customers must be geographically averaged.
If rates 25 vary by distance over which calls are placed, the rate for each mileage band must be 26 equal to or greater than the rate for the next shorter mileage band.
27 (o) In this section, "local exchange carrier" and "long distance telephone 28 company" have the meanings given in AS 42.05.890.
29 * Sec.
AS 42.05.36142.05.711 is amended by adding a new subsectionsubsections to read:
0230 (d)(u) TheA commissionutility maythat requireprovides a telecommunications carrierservices tois makeexempt tarifffrom 03the filings31 relatedprovisions toof telecommunicationsthis serviceschapter, providedother tothan inmatesAS in42.05.141(e) theand custody(f), of42.05.221 04- the42.05.281, Department42.05.296, of42.05.306, Corrections.42.05.381(l) - (n), 42.05.631, 42.05.641, 42.05.661, and 02 42.05.820 - 42.05.860.
Notwithstanding03 (a)(v) -Notwithstanding (c)(u) of this section, the 05 commission mayhas notthe requireauthority ato 04 regulate the rates and terms and conditions of telecommunications carrierservices provided to make05 otherinmates tariffin filings.the custody of the Department of Corrections.
AS 42.05.381 is amended by adding new subsections to read:
07 (l) The rates and terms and conditions of service of an incumbent local 08 exchange carrier for basic residential local telephone service must be uniform within 09 its study area, as determined by the Federal Communications Commission.
10 (m) The rates and terms and conditions of service of a competitive local 11 exchange carrier for basic residential local telephone service must be uniform 12 throughout its service area.
13 (n) The retail rates of a long distance telephone company for message 14 telephone service for residential customers must be geographically averaged.
If rates 15 vary by distance over which calls are placed, the rate for each mileage band must be 16 equal to or greater than the rate for the next shorter mileage band.
17 (o) In this section, "local exchange carrier" and "long distance telephone 18 company" have the meanings given in AS 42.05.890.
19 * Sec.
10.
AS 42.05.711 is amended by adding new subsections to read:
20 (u) A utility that provides telecommunications services is exempt from the 21 provisions of this chapter, other than AS 42.05.141(e) and (f), 42.05.221 - 42.05.281, 22 42.05.296, 42.05.306, 42.05.381(l) - (n), 42.05.631, 42.05.641, 42.05.661, and 23 42.05.820 - 42.05.860.
24 (v) Notwithstanding (u) of this section, the commission has the authority to 25 regulate the rates and terms and conditions of telecommunications services provided to 26 inmates in the custody of the Department of Corrections.
27 * Sec.
11.
2807 Sec.
A long distance telephone company 2908 or a local exchange carrier that is exempted in whole or in part from complying with 3009 all or a portion of this chapter may not be regulated by a municipality under 3110 AS 29.35.060 and 29.35.070.
11 * Sec.
12.10.
0212 (e) The commission shall by regulation establish a method to determine 0313 annually the maximum percentage of gross revenue that will apply to each regulated 0414 public utility sector, the telecommunications utility sector, and [THE MAXIMUM 0515 PERCENTAGE OF GROSS REVENUE THAT WILL APPLY TO] the regulated 0616 pipeline carrier sector in accordance with AS 42.05.254(h).
0717 * Sec.
13.11.
0818 (a) A person may not provide an alternate operator service without disclosing 0919 to the consumer before a charge is incurred the cost of the service provided by the 1020 person and the identity of the person providing those services.
[THIS SECTION 1121 DOES NOT AFFECT THE POWER OF THE REGULATORY COMMISSION OF 1222 ALASKA TO REGULATE PROVIDERS OF ALTERNATE OPERATOR 1323 SERVICES UNDER AS 42.05 IN A MANNER CONSISTENT WITH THIS 1424 SECTION.] 1525 * Sec.
14.12.
1626 (d) In this section, "alternate operator service" 1727 (1) means a connection to intrastate or interstate long-distance 1828 telecommunications facilities from a nonresidential location in the state including 1929 a hotel, motel, hospital, or customer-owned pay telephone, or from a place where 2030 business from consumers is aggregated, by a person that does not own any of the 2131 telecommunications facilities being connected through the service;
22 (2) does not include an intrastate or interstate long-distance 2302 carrier that contracts for operator services and charges rates for those services 2403 that are no greater than the rates charged by long-distance carriers regulated by 2504 the Regulatory Commission of Alaska or by the Federal Communications 2605 Commission [HAS THE MEANING GIVEN IN AS 42.05.325(c)].
2706 * Sec.
15.13.
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Action History
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(S) EFFECTIVE DATE(S) OF LAW 11/27/19
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(S) Signed into law 8/29 CHAPTER 24 SLA 19
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(S) MANIFEST ERROR(S)
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(S) 1:15 P.M. 8/23/19 Transmitted to Governor
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(S) CONCUR AM OF (H) Y18 N2
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(S) CONCUR MESSAGE READ
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(H) VERSION: HCS SB 83(L&C)
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(H) TRANSMITTED TO (S) AS AMENDED
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(H) CROSS SPONSOR(S): KOPP, TUCK
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(H) TITLE CHANGE: HCR 7
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(H) PASSED Y33 N7
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(H) Read the third time HCS SB 83(L&C)
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(H) ADVANCED TO THIRD READING UC
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(H) L&C HCS ADOPTED UC
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(H) Read the second time
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(H) RULES TO CALENDAR 5/14/2019
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(H) FN1: ZERO(CED)
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(H) DNP: EASTMAN
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(H) DP: WOOL, KOPP, SHAW, THOMPSON, CLAMAN
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(H) TITLE CHANGE: HCR 7
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(H) JUD RPT HCS(L&C) NT 5DP 1DNP
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(H) Minutes (HJUD)
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(H) Moved HCS SB 83(L&C) Out of Committee -- Delayed to 30 Minutes Following Session --
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(H) JUDICIARY at 01:00 PM GRUENBERG 120
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(H) FN1: ZERO(CED)
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(H) DP: HANNAN, REVAK, TALERICO, STUTES, WOOL
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(H) PENDING TITLE CHANGE HCR
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(H) L&C RPT HCS(L&C) NT 5DP
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(H) Minutes (HL&C)
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(H) Moved HCS SB 83(L&C) Out of Committee -- Continued from Sat. 5/11/19 --
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(H) LABOR & COMMERCE at 04:00 PM BARNES 124
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(H) Minutes (HL&C)
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(H) Heard & Held -- Recessed to 4:00 pm on Sun. 5/12/19 --
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(H) LABOR & COMMERCE at 11:00 AM BARNES 124
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(H) Minutes (HL&C)
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(H) Heard & Held -- Delayed to 4:00 pm --
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(H) LABOR & COMMERCE at 03:15 PM BARNES 124
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(H) Minutes (HL&C)
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(H) Heard & Held
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(H) LABOR & COMMERCE at 03:15 PM BARNES 124
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(H) JUD REPLACES FIN REFERRAL
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(H) L&C, FIN
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(H) Read the first time - REFERRALS
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(S) VERSION: SB 83
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(S) TRANSMITTED TO (H)
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(S) PASSED Y17 N2 E1
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(S) Read the third time SB 83
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(S) ADVANCED TO THIRD READING UC
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(S) AM NO 1 FAILED Y5 N14 E1
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(S) Read the second time
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(S) RULES TO CALENDAR 4/15/2019
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(S) FN1: ZERO(CED)
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(S) DP: REINBOLD, GRAY-JACKSON, COSTELLO, BIRCH
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(S) L&C RPT 4DP
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(S) Minutes (SL&C)
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(S) Moved SB 83 Out of Committee
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(S) LABOR & COMMERCE at 01:30 PM BELTZ 105 (TSBldg)
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(S) Minutes (SL&C)
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(S) Heard & Held
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(S) LABOR & COMMERCE at 01:30 PM BELTZ 105 (TSBldg)
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(S) L&C
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(S) Read the first time - REFERRALS
Sponsors
- BIRCH · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 64 not signed on
Sponsors (1)
- BIRCH
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.
Votes
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors SB 83?
- SB 83 is sponsored by BIRCH.
- What is the current status of SB 83?
- This bill has been enacted into law. Introduced March 11, 2019. Enacted.
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