California 2017-2018 Regular Session Status: Enacted

AB 133 — Cannabis Regulation.

Last action — Chaptered by Secretary of State - Chapter 253, Statutes of 2017.

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

This bill has been enacted into law. Introduced January 10, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • 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

The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health and requires those state licensing authorities to begin issuing licenses by January 1, 2018. AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent. MAUCRSA imposes various requirements on the delivery of cannabis and cannabis products, including requiring during delivery a licensee to maintain a physical copy of the delivery request, as specified, and to make it available upon request of the licensing authority and law enforcement officers. MAUCRSA defines delivery for these purposes to mean the commercial transfer of cannabis or cannabis products to a customer and to include the use by a retailer of any technology platform owned and controlled by the retailer. This bill would revise the requirement that a licensee maintain a copy of the delivery request during delivery so that the request is not required to be physical. The bill would redefine delivery to include the use by a retailer of any technology platform regardless of whether the technology platform is owned and controlled by the retailer. MAUCRSA requires the driver of a vehicle transporting cannabis or cannabis products to be directly employed by a licensee authorized to transport cannabis or cannabis products. This bill instead would require the driver of a vehicle transporting or transferring cannabis or cannabis products to be directly employed by a licensee authorized to transport or transfer cannabis or cannabis products. MAUCRSA authorizes a person to apply for and be issued more than one license provided the licensed premises are separate and distinct. This bill would remove the condition that the licensed premises be separate and distinct. MAUCRSA prohibits licensing authorities from approving an application for a state licenses if approval will violate the provisions of a local ordinance or regulation regulating licensees. MAUCRSA authorizes an applicant to voluntarily provide proof of a license, permit, or other authorization from the local jurisdiction verifying the applicant is in compliance with the local jurisdiction. MAUCRSA requires the licensing authority to notify the local jurisdiction of an applicant, as specified, and to make certain determinations with regard to the application based on the response of the local jurisdiction. This bill would require the licensing authority to presume that an applicant that voluntarily submits a valid, unexpired license, permit, or other authorization from the local jurisdiction is in compliance with all local ordinances unless the licensing authority is notified otherwise by the local jurisdiction. The bill would require the licensing authority to notify the local jurisdiction of the submission, as specified. The bill would make the requirements on the licensing authority with regard to notifying local jurisdictions and making specified application determinations contingent upon an applicant not providing adequate proof of compliance with local law. MAUCRSA requires an application for a cultivation license submitted before January 1, 2019, to identify a source of water supply. MAUCRSA requires, if the water supply includes a diversion and the application is submitted before January 1, 2019, the application to identify the point of diversion and the maximum amount to be diverted by including a copy of one of a list of specified documents, some of which must be filed with the State Water Resources Control Board before July 1, 2017. This bill instead would require that a specified statement of water diversion and use, a pending application for a permit to appropriate water, and documentation demonstrating that the diversion is authorized under a riparian right and that no diversion occurred during a specified time period, be submitted to the State Water Resources Control Board on or before October 31, 2017, and that documentation demonstrating that the diversion is subject to certain exceptions to a specified filing requirement be submitted to the State Water Resources Control Board on or before January 1, 2019. MAUCRSA requires that a licensed medicinal cannabis manufacturer only manufacture cannabis products for sale by a medicinal cannabis retailer. This bill would repeal those provisions. MAUCRSA prohibits an adult-use cannabis licensee from allowing any person under 21 years of age on its premises. This bill would make an exception to this prohibition if the licensee holds a medicinal license and the licensed premises for the adult-use cannabis license and the medicinal license are the same. MAUCRSA authorizes a medicinal cannabis licensee to allow on its premises any person 18 years of age or older who possesses a valid government-issued identification card and either a valid physician's recommendation or a valid county-issued identification card for medicinal cannabis. This bill would additionally authorize a medicinal cannabis licensee to allow a person 21 years of age or older on its premises if the licensee holds an adult-use license and the licensed premises for the medicinal cannabis license and the adult-use license are the same. The bill would additionally authorize a medicinal cannabis licensee to allow on its premises a specified person possessing a recommendation for a person for whom he or she is a primary caregiver. The bill would authorize a medicinal cannabis licensee to sell cannabis, cannabis products, and cannabis accessories to a specified person who possesses a valid recommendation for a person for whom he or she is a primary caregiver. The bill would authorize the bureau to establish requirements for the purchase of cannabis, cannabis products, or cannabis accessories by a primary caregiver to ensure that the status of a person as a primary caregiver is verified. MAUCRSA authorizes 3 or more natural persons, who are engaged in the cultivation of a cannabis product, to form an association for the purpose of engaging in any activity in connection with a list of specified cannabis-related activities. MAUCRSA authorizes an association to enter into all necessary and proper contracts and agreements and to make all necessary and proper stipulations and arrangements with another cannabis cooperative or association that is formed in this or in any other state for the cannabis cooperative and more economical carrying on of its business or any part of its business. This bill would remove the authorization to enter into contracts and agreements and make stipulations and arrangements with another cannabis cooperative or association that is formed in another state. MAUCRSA establishes in state government a Cannabis Control Appeals Panel to review specified decisions of licensing authorities appealed by any person aggrieved by those decisions. MAUCRSA requires that the panel consist of two members appointed by the Legislature and three members appointed by the Governor, as specified. MAUCRSA authorizes the Governor to remove a member of the panel from office and authorizes the Legislature to remove a member from office for specified reasons. MAUCRSA establishes the Cannabis Control Fund. Under existing law, licensing fees received by the state licensing authorities under MAUCRSA are deposited into the Cannabis Control Fund and fine and penalty moneys collected under MAUCRSA generally deposited into the Cannabis Fines and Penalties Account within the fund. This bill would specify the Governor may only remove from office a member of the panel appointed by the Governor. The bill would require specified annual salaries to be paid to the chairperson and members of the panel. This bill would appropriate $250,000 from the Cannabis Control Fund to the Cannabis Control Appeals Panel to be used for costs associated with additional panel members provided by MAUCRSA. Existing law requires the unlawful possession of not more than 4 grams of concentrated cannabis be punished, as specified. This bill would instead require the unlawful possession of not more than 8 grams of concentrated cannabis be punished, as specified. Existing law imposes a cultivation tax on all harvested cannabis that enters the commercial market upon all cultivators. Existing law requires the tax to be due after the cannabis is harvested and enters the commercial market. Existing law defines the phrase enters the commercial market, for these purposes, as cannabis or cannabis product that has completed and complies with all quality assurance, inspection, and testing. This bill would redefine the phrase enters the commercial market as cannabis or cannabis product, except for immature cannabis plants and seeds, that completes and complies with a quality assurance review and testing. Existing law requires a cannabis retailer to provide a purchaser with an invoice, receipt, or other document that displays the cannabis excise tax separately from the price, as specified, and includes a specified statement regarding the inclusion of the cultivation and excise taxes in the total amount of the invoice. This bill would remove the requirement that the document display the cannabis excise tax separately from the price and would remove from the specified statement on the invoice that the cannabis cultivation tax is included in the total amount of the invoice. The bill would authorize the California Department of Tax and Fee Administration to prescribe other means to display the cannabis excise tax on an invoice, receipt, or other document from a cannabis retailer given to the purchaser. MAUCRSA requires the Department of Food and Agriculture, in consultation with the Bureau of Cannabis Control, to establish a track and trace program for reporting the movement of cannabis and cannabis products throughout the distribution chain that utilizes a unique identifier to be issued for each cannabis plant. Existing law requires all cultivation tax applicable to a unique identifier to be paid upon the first sale or transfer of unprocessed cannabis by a cultivator to a manufacturer, except as provided. This bill would remove the requirement that all cultivation tax applicable to a unique identifier be paid upon the first sale or transfer of unprocessed cannabis by a cultivator to a manufacturer, as specified. Existing law requires that a person required to be licensed who fails to pay the taxes imposed on cannabis be subject to a penalty of at least one-half the amount of the taxes not paid. This bill would authorize relieving a person of this penalty if the California Department of Tax and Fee Administration finds that the person's failure to make a timely return or payment is due to reasonable cause and circumstances beyond the person's control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect. This bill would declare that its provisions further specified purposes and intent of the AUMA. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 253, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 17. Page 3468.).

  5. Assembly Rule 63 suspended. (Ayes 54. Noes 25. Page 3462.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9. Page 2948.).

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 14. Noes 2.) (September 13).

  10. In committee: Hearing postponed by committee.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  12. Senate Rule 29.3(b) suspended. (Ayes 27. Noes 12. Page 2664.)

  13. In committee: Hearing postponed by committee.

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  15. Joint Rules 61 and 62 suspended. (Ayes 27. Noes 13. Page 2424.)

  16. Referred to Com. on B. & F.R.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 25. Page 1609.)

  19. Read second time. Ordered to third reading.

  20. Ordered to second reading.

  21. Withdrawn from committee.

  22. Assembly Rule 96 suspended. (Ayes 52. Noes 25. Page 1511.)

  23. Referred to Com. on BUDGET.

  24. From printer. May be heard in committee February 10.

  25. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

  • Committee on Budget

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Passed 30 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 26801
Democratic 4100
Total 30901
% of votes cast 75%23%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Moorlach — Yea
Morrell — Nay
Pan — Yea
Roth — Yea
Skinner — Yea
Cannella — Yea
Dodd — Yea
Fuller — Nay
Glazer — Yea
Atkins — Yea
Mitchell — Yea
Galgiani — Yea
Hernandez — Yea
Nielsen — Nay
Vidak — Nay
Wilk — Yea
Hill — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Bradford — Yea
Mendoza — Yea
Monning — Yea
Newman — Yea
Wieckowski — Yea
Beth Gaines — Not Voting
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 62 Yea · 17 Nay
Party YeaNayPresentNot Voting
Unaffiliated 451300
Democratic 15000
Republican 2400
Total 621700
% of votes cast 78%22%0%0%
How each member voted (79)
Member Party Vote
Acosta — Yea
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Yea
Mathis — Nay
Obernolte — Nay
Ridley-Thomas — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Chiu — Yea
Holden — Yea
Jones-Sawyer — Yea
Friedman — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Harper — Nay
Burke — Yea
Gray — Yea
Kiley — Nay
Chau — Yea
Gonzalez Fletcher — Yea
Levine — Yea
Low — Yea
Maienschein — Nay
Mayes — Yea
McCarty — Yea
Fong — Nay
Medina — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Cooper — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Voepel — Nay
Weber — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 133 do?
The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health and requires those state licensing authorities to begin issuing licenses by January 1, 2018. AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent. MAUCRSA imposes various requirements on the delivery of cannabis and cannabis products, including requiring during delivery a licensee to maintain a physical copy of the delivery request, as specified, and to make it available upon request of the licensing authority and law enforcement officers. MAUCRSA defines delivery for these purposes to mean the commercial transfer of cannabis or cannabis products to a customer and to include the use by a retailer of any technology platform owned and controlled by the retailer. This bill would revise the requirement that a licensee maintain a copy of the delivery request during delivery so that the request is not required to be physical. The bill would redefine delivery to include the use by a retailer of any technology platform regardless of whether the technology platform is owned and controlled by the retailer. MAUCRSA requires the driver of a vehicle transporting cannabis or cannabis products to be directly employed by a licensee authorized to transport cannabis or cannabis products. This bill instead would require the driver of a vehicle transporting or transferring cannabis or cannabis products to be directly employed by a licensee authorized to transport or transfer cannabis or cannabis products. MAUCRSA authorizes a person to apply for and be issued more than one license provided the licensed premises are separate and distinct. This bill would remove the condition that the licensed premises be separate and distinct. MAUCRSA prohibits licensing authorities from approving an application for a state licenses if approval will violate the provisions of a local ordinance or regulation regulating licensees. MAUCRSA authorizes an applicant to voluntarily provide proof of a license, permit, or other authorization from the local jurisdiction verifying the applicant is in compliance with the local jurisdiction. MAUCRSA requires the licensing authority to notify the local jurisdiction of an applicant, as specified, and to make certain determinations with regard to the application based on the response of the local jurisdiction. This bill would require the licensing authority to presume that an applicant that voluntarily submits a valid, unexpired license, permit, or other authorization from the local jurisdiction is in compliance with all local ordinances unless the licensing authority is notified otherwise by the local jurisdiction. The bill would require the licensing authority to notify the local jurisdiction of the submission, as specified. The bill would make the requirements on the licensing authority with regard to notifying local jurisdictions and making specified application determinations contingent upon an applicant not providing adequate proof of compliance with local law. MAUCRSA requires an application for a cultivation license submitted before January 1, 2019, to identify a source of water supply. MAUCRSA requires, if the water supply includes a diversion and the application is submitted before January 1, 2019, the application to identify the point of diversion and the maximum amount to be diverted by including a copy of one of a list of specified documents, some of which must be filed with the State Water Resources Control Board before July 1, 2017. This bill instead would require that a specified statement of water diversion and use, a pending application for a permit to appropriate water, and documentation demonstrating that the diversion is authorized under a riparian right and that no diversion occurred during a specified time period, be submitted to the State Water Resources Control Board on or before October 31, 2017, and that documentation demonstrating that the diversion is subject to certain exceptions to a specified filing requirement be submitted to the State Water Resources Control Board on or before January 1, 2019. MAUCRSA requires that a licensed medicinal cannabis manufacturer only manufacture cannabis products for sale by a medicinal cannabis retailer. This bill would repeal those provisions. MAUCRSA prohibits an adult-use cannabis licensee from allowing any person under 21 years of age on its premises. This bill would make an exception to this prohibition if the licensee holds a medicinal license and the licensed premises for the adult-use cannabis license and the medicinal license are the same. MAUCRSA authorizes a medicinal cannabis licensee to allow on its premises any person 18 years of age or older who possesses a valid government-issued identification card and either a valid physician's recommendation or a valid county-issued identification card for medicinal cannabis. This bill would additionally authorize a medicinal cannabis licensee to allow a person 21 years of age or older on its premises if the licensee holds an adult-use license and the licensed premises for the medicinal cannabis license and the adult-use license are the same. The bill would additionally authorize a medicinal cannabis licensee to allow on its premises a specified person possessing a recommendation for a person for whom he or she is a primary caregiver. The bill would authorize a medicinal cannabis licensee to sell cannabis, cannabis products, and cannabis accessories to a specified person who possesses a valid recommendation for a person for whom he or she is a primary caregiver. The bill would authorize the bureau to establish requirements for the purchase of cannabis, cannabis products, or cannabis accessories by a primary caregiver to ensure that the status of a person as a primary caregiver is verified. MAUCRSA authorizes 3 or more natural persons, who are engaged in the cultivation of a cannabis product, to form an association for the purpose of engaging in any activity in connection with a list of specified cannabis-related activities. MAUCRSA authorizes an association to enter into all necessary and proper contracts and agreements and to make all necessary and proper stipulations and arrangements with another cannabis cooperative or association that is formed in this or in any other state for the cannabis cooperative and more economical carrying on of its business or any part of its business. This bill would remove the authorization to enter into contracts and agreements and make stipulations and arrangements with another cannabis cooperative or association that is formed in another state. MAUCRSA establishes in state government a Cannabis Control Appeals Panel to review specified decisions of licensing authorities appealed by any person aggrieved by those decisions. MAUCRSA requires that the panel consist of two members appointed by the Legislature and three members appointed by the Governor, as specified. MAUCRSA authorizes the Governor to remove a member of the panel from office and authorizes the Legislature to remove a member from office for specified reasons. MAUCRSA establishes the Cannabis Control Fund. Under existing law, licensing fees received by the state licensing authorities under MAUCRSA are deposited into the Cannabis Control Fund and fine and penalty moneys collected under MAUCRSA generally deposited into the Cannabis Fines and Penalties Account within the fund. This bill would specify the Governor may only remove from office a member of the panel appointed by the Governor. The bill would require specified annual salaries to be paid to the chairperson and members of the panel. This bill would appropriate $250,000 from the Cannabis Control Fund to the Cannabis Control Appeals Panel to be used for costs associated with additional panel members provided by MAUCRSA. Existing law requires the unlawful possession of not more than 4 grams of concentrated cannabis be punished, as specified. This bill would instead require the unlawful possession of not more than 8 grams of concentrated cannabis be punished, as specified. Existing law imposes a cultivation tax on all harvested cannabis that enters the commercial market upon all cultivators. Existing law requires the tax to be due after the cannabis is harvested and enters the commercial market. Existing law defines the phrase enters the commercial market, for these purposes, as cannabis or cannabis product that has completed and complies with all quality assurance, inspection, and testing. This bill would redefine the phrase enters the commercial market as cannabis or cannabis product, except for immature cannabis plants and seeds, that completes and complies with a quality assurance review and testing. Existing law requires a cannabis retailer to provide a purchaser with an invoice, receipt, or other document that displays the cannabis excise tax separately from the price, as specified, and includes a specified statement regarding the inclusion of the cultivation and excise taxes in the total amount of the invoice. This bill would remove the requirement that the document display the cannabis excise tax separately from the price and would remove from the specified statement on the invoice that the cannabis cultivation tax is included in the total amount of the invoice. The bill would authorize the California Department of Tax and Fee Administration to prescribe other means to display the cannabis excise tax on an invoice, receipt, or other document from a cannabis retailer given to the purchaser. MAUCRSA requires the Department of Food and Agriculture, in consultation with the Bureau of Cannabis Control, to establish a track and trace program for reporting the movement of cannabis and cannabis products throughout the distribution chain that utilizes a unique identifier to be issued for each cannabis plant. Existing law requires all cultivation tax applicable to a unique identifier to be paid upon the first sale or transfer of unprocessed cannabis by a cultivator to a manufacturer, except as provided. This bill would remove the requirement that all cultivation tax applicable to a unique identifier be paid upon the first sale or transfer of unprocessed cannabis by a cultivator to a manufacturer, as specified. Existing law requires that a person required to be licensed who fails to pay the taxes imposed on cannabis be subject to a penalty of at least one-half the amount of the taxes not paid. This bill would authorize relieving a person of this penalty if the California Department of Tax and Fee Administration finds that the person's failure to make a timely return or payment is due to reasonable cause and circumstances beyond the person's control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect. This bill would declare that its provisions further specified purposes and intent of the AUMA. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors AB 133?
AB 133 is sponsored by Committee on Budget.
What is the current status of AB 133?
This bill has been enacted into law. Introduced January 10, 2017. Enacted.
Where can I track AB 133?
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