Delaware 153rd General Assembly (2025-2026) Status: Enacted Bipartisan · 9 D · 1 R cosponsors

HB 48 — AN ACT TO AMEND TITLES 9, 21, AND 22 OF THE DELAWARE CODE RELATING TO ACCESSIBLE PARKING SPACES.

Last action — Signed by Governor

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

This bill has been enacted into law. Introduced June 10, 2025. Enacted.

Signed by Governor Matt Meyer (Democratic) on September 25, 2025.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    10 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (9 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

HS 2 to HB 48 seeks to streamline accessible parking laws and improve enforcement of accessible parking laws in Delaware. Although federal and state laws currently require specific design and construction requirements for accessible spaces, these laws are often ignored and rarely enforced. To that end, this Act requires that a permit be issued by the local county or municipal authority to ensure that accessible parking spaces are compliant with the design and construction requirements of the Americans with Disabilities Act (ADA) and any existing local laws. This Act permits a county or municipal government to assess a civil penalty of up to $500 on an individual or entity that does not construct and maintain ADA compliant parking spaces. This Act also increases the fine for unlawfully occupying an accessible parking space. Rather than imprisonment, the penalty for unlawfully occupying an accessible parking space may include community service. All accessible parking space signs must display the current maximum fine. HS 2 to HB 48 differs from HB 48 in that it does the following: (1) Requires state facilities to obtain approval through the Architectural Accessibility Board in lieu of a permit. (2) Removes state-specific accessible parking provisions of the bill and adopts the federal accessible parking provisions that are already in effect under the 2010 ADA Standards for Accessible Design issued by the Department of Justice on September 15, 2010, and its accompanying guidance. (3) If an existing accessible parking space is not ADA compliant within 5 years of the effective date of this Act, authorizes a civil penalty to be assessed against the individual or entity that is responsible for maintaining the accessible parking space. (4) Requires that all accessible parking space signs display the current maximum fine for unlawfully occupying an accessible parking space.

Bill Text

What changed in the latest version

200 added · 12 removed

Plain-language change summary

The amendment to HB 48 updates the requirements for accessible parking space signs to include the current maximum fines for violations, which must now be displayed on the signs. This change is designed to enhance awareness regarding the penalties associated with unauthorized parking in these spaces, presumably to improve compliance. Additionally, the amendment moves this provision to a different chapter within Title 21 for clarity, which may streamline the legal framework around accessible parking enforcement.

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Previous
Latest
Neal HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Neal & Sen.
1 TO HOUSE SUBSTITUTE NO.
Poore Reps.
Heffernan, Morrison, Snyder-Hall, Ross Levin, Romer, Lambert;
Sens.
Walsh, Wilson HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE SUBSTITUTE NO.
48 AMEND House Substitute No.
48 AN ACT TO AMEND TITLES 9, 21, AND 22 OF THE DELAWARE CODE RELATING TO ACCESSIBLE PARKING SPACES.
2 for House Bill No.
WHEREAS, while federal, state, and local accessibility standards are in full force and effect, and entities who are not in compliance are currently and will remain subject to liability and fines for violations, enforcement of these standards by people with disabilities can be lengthy and difficult, and persons with disabilities need a state and local mechanism to achieve access to facilities and businesses in the state, in addition to federal enforcement;
48 by deleting lines 70 through 71 in their entirety.
and WHEREAS, there is inconsistent application of existing standards for accessible parking spaces, and enforcement of those standards is poor;
FURTHER AMEND House Substitute No.
and WHEREAS, individuals in this State continue to park illegally in accessible parking spaces to the detriment of persons with disabilities and the establishments that provide goods and services to those persons.
2 for House Bill No.
NOW, THEREFORE:
48 after line 109 and before line 110 by inserting the following:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
“(j) Each accessible parking space sign that is required under this section must display the current maximum fines established in § 4183(f) of Title 21.”.
Section 1.
SYNOPSIS This Amendment moves the language providing that an accessible parking space sign must display the current maximum fines to Chapter 41 of Title 21.
Amend § 4183, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
This is a technical amendment.
§ 4183.
Parking areas for vehicles being used by persons with disabilities.
(a) For purposes of this section, the term “vehicle being used by a person with a disability” means a vehicle:
(1) That displays section:
(1) “Accessible parking space” means any parking space or parking zone designated by an owner or lessee of any public or private property for use by a vehicle being used by a person with a disability.
(2) “Vehicle being used by a person with a disability” means a vehicle that meets both of the following criteria:
a.
Displays a valid special license plate issued pursuant to § 2134 of this title on the rear of the vehicle, or that displays a valid parking placard issued pursuant to § 2135 of this title on the front windshield rearview HD :
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06/10/2025 12:10 PM mirror of the vehicle or, if there is no mirror, on the dashboard, or that displays a valid plate, placard or other item issued under a similar statute in another state or country;
and country.
(2) In which the b.
The person for whom the plate or placard is issued is either the operator or a passenger or, in the case of an organization, in which a person who is entitled to obtain a permanent or temporary placard is a passenger.
(b) With the exception of a vehicle being used by a person with a disability, it is unlawful to park on public or private property any vehicle in any area under the control of the Department of Transportation or a local authority within its respective jurisdiction or under the control of an owner or lessee of private property that is designated as a parking space or zone for persons with disabilities which limit or impair the ability to walk and that is conspicuously marked as such.
For purposes of this section, “conspicuously marked” means that a vertical sign has been placed at an approximate height of at least 5 feet but no more than 7 feet when measured from the surface directly below the sign to the top of the sign for each parking space or zone.
The sign must substantially follow federal specifications that identify a parking zone or space as one for persons with disabilities which limit or impair the ability to walk.
A sign at least 12 inches wide by 18 inches tall that includes the internationally recognized wheelchair symbol of access substantially follows federal specifications.
These requirements may not be construed to preclude additional markings, such as the international wheelchair symbol or a striped extension area painted on the space or zone, or a tow-away warning sign.
that is designated as an accessible parking space.
(c) Upon the discovery on private property of a vehicle, other than a vehicle being used by a person with a disability, in a designated an accessible parking space or zone for persons with disabilities, space, the owner or lessee of the private property may cause the illegally parked vehicle to be removed to a private storage area maintained for the safe storage of vehicles.
Any costs of removal and storage must be borne by the owner or operator of the vehicle.
Upon the discovery of a vehicle illegally parked in a designated an accessible parking space or zone for persons with disabilities that is under the control of the Department of Transportation or local authorities, the State Police, county police police, or municipal police having jurisdiction may cause the illegally parked vehicle to be removed to a private storage area maintained for the safe storage of vehicles.
Any costs of removal and storage must be borne by the owner or operator of the vehicle.
(d) In addition to unlawful parking on public or private property in a space or zone designated for a vehicle being used by a person with a disability, an accessible parking space, all of the following acts are prohibited on both public and private property and may be enforced pursuant to this section:
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06/10/2025 12:10 PM (1) Creating or using a counterfeit license plate or parking placard, as described in § 2134 or § 2135 of this title;
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title.
(2) Altering a license plate or parking placard issued pursuant to § 2134 or § 2135 of this title;
title.
(3) Parking on a striped area or access aisle within or adjacent to a space or zone designated for a vehicle being used by a person with a disability;
an accessible parking space.
(4) Being the person or organization to whom a license plate or parking placard has been issued pursuant to § 2134 or § 2135 of this title, allowing another to use the plate or placard;
or placard.
(5) Parking a vehicle with a license plate or placard issued pursuant to § 2134 or § 2135 of this title in a space or zone defined in subsection (b) of this section an accessible parking space, unless a person on whose behalf a special license plate or placard has been issued is being transported.
(f) (1) A person or organization who violates this section must receive a mandatory fine of $200 $250 for a first offense, and for a subsequent like offense, a mandatory fine of $300 $500 or a term of imprisonment of not less than 10 nor more than 30 days, or both.
community service.
(2) In addition, a person or organization who holds a valid special license plate or parking placard issued under § 2134 or § 2135 of this title and who violates paragraph (d)(1), (2), or (4) of this section may receive an additional penalty of up to a 6-month suspension or the permanent revocation of the plate or placard.
If a plate is suspended or revoked under this subsection, the person may apply for and be issued a regular license plate.
(3) Minor variations of accessible parking space features, including the absence of a sign, are not a defense to prosecution under this section if the space is otherwise conspicuously marked.
(4) Each accessible parking space sign that is required under § 4183A of this Title 21 must display the current maximum fines established in subsection (f) of this section.
Section 2.
Amend Subchapter XI, Chapter 41, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4183A.
Requirements for the design, construction, signage, and maintenance of accessible parking spaces.
(a) For purposes of this section, “accessible parking space” means as defined in § 4183 of this title.
(b) Where an accessible parking space is required under Titles II and III of the Americans with Disabilities Act (ADA), 42 U.S.C.
12101 et seq., the accessible parking space must be designed and constructed in compliance with:
1) The 2010 ADA Standards for Accessible Design issued by the Department of Justice on September 15, 2010, and its accompanying guidance.
2) Any applicable county, municipal, or State building code or law.
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06/10/2025 12:10 PM 81 (c) No new accessible parking spaces may be installed, and no existing accessible parking spaces may be restriped, repainted, resurfaced or otherwise altered, until the county or municipal authority having jurisdiction over the construction or alteration of commercial buildings has issued a permit authorizing such action and confirming that any accessible parking spaces are in compliance with subsection (b) of this section.
A county or municipal authority may allow subsequent restriping, repainting, or resurfacing of a lot that has been permitted in accordance with this section at least once without a permit where no change is made to the parking plan and the property remains compliant with the requirements of this section.
(d) Upon completion of the work subject to permit, the public agency issuing the permit shall verify compliance by either conducting an on-site inspection or independently confirming compliance by use of documentation and photographic evidence submitted by the entity to whom the permit was issued, provided that the documentation and photographic evidence is sufficient to adequately assess such compliance.
The enforcement agency may adopt a model form published by the State Council for Persons with Disabilities in consultation with the Architectural Accessibility Board to standardize submission of verifying documentation and photographic evidence.
If the submitted documentation and photographic evidence is not sufficient to confirm compliance, an on-site inspection must be conducted.
(e) All existing parking spaces that are not in compliance with subsection (b) of this section within 5 years after [the effective date of this Act] are in violation of this section.
(f) In lieu of a permit under subsection (c) of this section, any facility covered under the Architectural Accessibility Act, Chapter 73 of Title 29, must receive a letter of approval from the Architectural Accessibility Board that confirms compliance with this section.
(g) A county or municipal government may assess a civil penalty of up to $500 for a violation of this section.
Before imposing a fine, the county or municipal government must allow 90 days for the responsible party to cure the violation.
(h) Nothing in this section requires a county or municipality to conduct code inspections apart from its usual and customary practice for promoting building code compliance.
Nothing in this section prohibits a county or municipality from charging fees associated with permits and compliance verification.
(i) Nothing in this section prohibits any state, municipal, or local government or agency from adopting more stringent standards for accessible parking than those imposed by this section and applicable federal law, nor shall it prohibit any private or public entity from providing more accessible parking spaces than are required by this section or other applicable code or regulation.
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06/10/2025 12:10 PM Section 3.
Amend § 110, Title 22 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 110.
Parking spaces for use by persons with disabilities.
(a) The county government of each of the 3 Delaware counties shall, on or before January 1, 2004, and the municipal government of each incorporated municipality within each county shall, on or before March 1, 2004, the State shall adopt regulations or ordinances regarding the duty of individuals and artificial entities to erect construct and maintain signage on parking spaces or zones for use by persons with disabilities.
accessible parking spaces consistent with § 4183A of Title 21.
(b) The county government of each of the 3 Delaware counties and the municipal government of each incorporated municipality within the State shall adopt regulations or ordinances requiring that no new accessible parking space be constructed and no existing accessible parking space be installed, restriped, repainted, resurfaced, or otherwise altered until the county government or municipality issues a permit as required by § 4183A of Title 21.
Upon completion, the entity issuing the permit shall confirm compliance as set forth in § 4183A(d) of Title 21.
(b) (c) The signage regulations or ordinances adopted pursuant to subsection (a) subsections (a) and (b) of this section must include an enforcement provision, a penalty provision, and a provision which requires an enforcement officer to first issue a written warning to an individual or artificial entity who is required to erect and maintain signage, obtain a permit and to construct and maintain accessible parking spaces, but has failed to do so.
so, consistent with the obligations of §4183A of Title 21.
If, after 30 days from the date that a warning is issued, the individual or artificial entity has not erected and/or maintained the required signage, the enforcement officer may issue a summons or apply for a warrant in the name of the offending individual or artificial entity.
(c) A (d) To comply with this section, a municipality may elect to adopt the signage regulations or ordinances of the county government of the county in which the municipality is located.
A municipality which elects to do so may also adopt additional regulations or ordinances as required by its own particular conditions.
Whether a municipality adopts its own signage regulations or ordinances, or adopts the regulations or ordinances of the county along with additional regulations or ordinances to meet particular conditions, the municipality’s adopted regulations or ordinances may not be less restrictive than those of the county.
Section 4.
Amend § 310, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 310.
Parking spaces for use by persons with disabilities.
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06/10/2025 12:10 PM (a) The county government of each of the 3 Delaware counties shall, on or before January 1, 2004, and the municipal government of each incorporated municipality within each county shall, on or before March 1, 2004, the State shall adopt regulations or ordinances regarding the duty of individuals and artificial entities to erect construct and maintain signage on parking spaces or zones for use by persons with disabilities.
accessible parking spaces consistent with § 4183A of Title 21.
(b) The county government of each of the 3 Delaware counties and the municipal government of each incorporated municipality within the State shall adopt regulations or ordinances requiring that no new accessible parking space be constructed and no existing accessible parking space be installed, restriped, repainted, resurfaced, or otherwise altered until the county government or municipality issues a permit as required by § 4183A of Title 21.
Upon completion, the entity issuing the permit shall confirm compliance as set forth in § 4183A(d) of Title 21.
(b) (c) The signage regulations or ordinances adopted pursuant to subsection (a) subsections (a) and (b) of this section must include an enforcement provision, a penalty provision, and a provision which requires an enforcement officer to first issue a written warning to an individual or artificial entity who is required to erect and maintain signage, obtain a permit and to construct and maintain accessible parking spaces, but has failed to do so.
so, consistent with the obligations under § 4183A of Title 21.
If, after 30 days from the date that a warning is issued, the individual or artificial entity has not erected and/or maintained the required signage, the enforcement officer may issue a summons or apply for a warrant in the name of the offending individual or artificial entity.
(c) A (d) To comply with this section, a municipality may elect to adopt the signage regulations or ordinances of the county government of the county in which the municipality is located.
A municipality which elects to do so may also adopt additional regulations or ordinances as required by its own particular conditions.
Whether a municipality adopts its own signage regulations or ordinances, or adopts the regulations or ordinances of the county along with additional regulations or ordinances to meet particular conditions, the municipality’s adopted regulations or ordinances may not be less restrictive than those of the county.
SYNOPSIS HS 2 to HB 48 seeks to streamline accessible parking laws and improve enforcement of accessible parking laws in Delaware.
Although federal and state laws currently require specific design and construction requirements for accessible spaces, these laws are often ignored and rarely enforced.
To that end, this Act requires that a permit be issued by the local county or municipal authority to ensure that accessible parking spaces are compliant with the design and construction requirements of the Americans with Disabilities Act (ADA) and any existing local laws.
This Act permits a county or municipal government to assess a civil penalty of up to $500 on an individual or entity that does not construct and maintain ADA compliant parking spaces.
This Act also increases the fine for unlawfully occupying an accessible parking space.
Rather than imprisonment, the penalty for unlawfully occupying an accessible parking space may include community service.
All accessible parking space signs must display the current maximum fine.
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06/10/2025 12:10 PM HS 2 to HB 48 differs from HB 48 in that it does the following:
(1) Requires state facilities to obtain approval through the Architectural Accessibility Board in lieu of a permit.
(2) Removes state-specific accessible parking provisions of the bill and adopts the federal accessible parking provisions that are already in effect under the 2010 ADA Standards for Accessible Design issued by the Department of Justice on September 15, 2010, and its accompanying guidance.
(3) If an existing accessible parking space is not ADA compliant within 5 years of the effective date of this Act, authorizes a civil penalty to be assessed against the individual or entity that is responsible for maintaining the accessible parking space.
(4) Requires that all accessible parking space signs display the current maximum fine for unlawfully occupying an accessible parking space.
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View plain text versions (2)

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Lifted From Table in Senate

  4. Laid On Table in Senate

  5. Reported Out of Committee (Environment, Energy & Transportation) in Senate with 2 Favorable, 3 On Its Merits

  6. Assigned to Environment, Energy & Transportation Committee in Senate

  7. Passed By House. Votes: 27 YES 7 NO 2 NOT VOTING 5 ABSENT

  8. Amendment HA 1 to HS 2 - Passed In House by Voice Vote

  9. was introduced and adopted in lieu of HB 48

Sponsors

Sponsorship breakdown

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10 sponsors · 0 co-sponsors · 52 not signed on · 7 voted No

Sponsors (10)

Co-sponsors (0)

None.

Not signed on (52)

52 members have not signed on to this bill.

Show all 52 →

"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

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 6000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 27 Yea · 7 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 23003
Republican 4703
Unaffiliated 0001
Total 27707
% of votes cast 66%17%0%17%
How each member voted (41)
Member Party Vote
Stell Parker Selby — Not Voting
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Not Voting
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Not Voting
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Not Voting
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Not Voting
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Not Voting
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Not Voting
Timothy D. Dukes Republican Nay
Valerie Jones Giltner Republican Nay

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 48 do?
HS 2 to HB 48 seeks to streamline accessible parking laws and improve enforcement of accessible parking laws in Delaware. Although federal and state laws currently require specific design and construction requirements for accessible spaces, these laws are often ignored and rarely enforced. To that end, this Act requires that a permit be issued by the local county or municipal authority to ensure that accessible parking spaces are compliant with the design and construction requirements of the Americans with Disabilities Act (ADA) and any existing local laws. This Act permits a county or municipal government to assess a civil penalty of up to $500 on an individual or entity that does not construct and maintain ADA compliant parking spaces. This Act also increases the fine for unlawfully occupying an accessible parking space. Rather than imprisonment, the penalty for unlawfully occupying an accessible parking space may include community service. All accessible parking space signs must display the current maximum fine. HS 2 to HB 48 differs from HB 48 in that it does the following: (1) Requires state facilities to obtain approval through the Architectural Accessibility Board in lieu of a permit. (2) Removes state-specific accessible parking provisions of the bill and adopts the federal accessible parking provisions that are already in effect under the 2010 ADA Standards for Accessible Design issued by the Department of Justice on September 15, 2010, and its accompanying guidance. (3) If an existing accessible parking space is not ADA compliant within 5 years of the effective date of this Act, authorizes a civil penalty to be assessed against the individual or entity that is responsible for maintaining the accessible parking space. (4) Requires that all accessible parking space signs display the current maximum fine for unlawfully occupying an accessible parking space.
Who sponsors HB 48?
HB 48 is sponsored by David L. Wilson (Republican), John "Jack" Walsh (Democratic), Spiros Mantzavinos (Democratic), Cyndie Romer (Democratic), Claire Snyder-Hall (Democratic), Eric Morrison (Democratic), Russell Huxtable (Democratic), Nicole Poore (Democratic), DeShanna U Neal (Democratic), and Melanie Ross Levin (Democratic).
What is the current status of HB 48?
This bill has been enacted into law. Introduced June 10, 2025. Enacted.
Where can I track HB 48?
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