Liens Against Motor Vehicles and Vessels
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HB 431 — Liens Against Motor Vehicles and Vessels
Last action — Chapter No. 2019-73
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 22, 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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Cleared a recorded vote
Passed 5 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
97 added · 65 removed97 line(s) added, 65 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 ALegislature bill2 to be entitled An act relating to liens against motor vehicles and vessels;
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature recordkeeping requirements;
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature lienor to accept a copy of an electronic title or a paper title as evidence of a person's interest in a vehicle or vessel;
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature particular form for posting the bond, unless the clerk provides shall provide such form to the customer or person for filing.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature agent thereof who is authorized to release the motor vehicle, received a copy of a certificate issued pursuant to this section;
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature surety bond pursuant to this section shall be prohibited from any recourse under this section with respect to the motor vehicle repair shop.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature agency of any other state in which the vehicle is identified through a records check of the National Motor Vehicle Title Information System or an equivalent commercially available system as being the current state where the vehicle is titled.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature (f)(d) Contain notice that the lienor claims a lien on the vehicle for labor and services performed and storage charges, if any, and the cash sum which, if paid to the lienor, would be sufficient to redeem the vehicle from the lien claimed by the lienor.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature any proposed or scheduled sale of the vehicle.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature inspect the vehicle from a notice recipient, who may present either a copy of an electronic title or a paper title as evidence of his or her interest in and right to inspect the vehicle.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature term "good faith effort" means that the following checks have been performed by the company to establish the prior state of registration and title:
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature of sale, to the customer as indicated on the order for repair, and to all other persons claiming an interest in or lien on the motor vehicle, as disclosed by the records of the Department of Highway Safety and Motor Vehicles or of a corresponding agency of any other state in which the vehicle appears to have been registered after completion of a check of the National Motor Vehicle Title Information System or an equivalent commercially available system.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature sale is to take place held.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature (b) The Department of Highway Safety and Motor Vehicles may not approve an application for transfer of title if the application fails to include a copy of the notice of lien required by subsection (1) and the notice of sale required by subsection (3).
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature claiming a lien against the vehicle to obtain release of the vehicle from the claim of lien imposed under this section.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature vehicle.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature day.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature (e) A third-party service must annually provide the department with evidence that it maintains a $1 million bond and must annually submit an internal control and data security audit (Level 2) or its equivalent performed by a licensed certified public accountant to continue its approved status each year.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature (4)(a) A Any person regularly engaged in the business of recovering, towing, or storing vehicles or vessels who comes into possession of a vehicle or vessel pursuant to subsection (2), and who claims a lien for recovery, towing, or storage services, shall give notice, by certified mail, to the registered owner, the insurance company insuring the vehicle notwithstanding the provisions of s.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature determine the owner's name, the insurance company insuring the vehicle or vessel, and whether any person has filed a lien upon the vehicle or vessel as provided in s.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature lien, clearly printed in the delivery address box and on the outside of the envelope sent to the registered owner and all other persons claiming an interest therein or lien thereon.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature lienor if the vehicle or vessel is 3 years of age or less.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature Safety and Motor Vehicles database for the owner and any lienholder.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature for a state of registration.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature he does not prevail.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature identified through a records check of the National Motor Vehicle Title Information System or an equivalent commercially available system as being titled.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature notice of the time and place of sale shall be made by publishing a notice thereof one time, at least 10 days before prior to the date of the sale, in a newspaper of general circulation in the county in which the sale is to be held.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature made for towing the vehicle or vessel or the priority of liens on the vehicle or vessel.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature section.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature 3.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature The department shall prescribe the format for the application.
hb0431-04-e1hb0431-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB, Engrossed 1 2019 Legislature insurance companies, or their agents to search for notices sent pursuant to this section.
hb0431-04-e1hb0431-05-er
Action History
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Chapter No. 2019-73
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Approved by Governor
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Signed by Officers and presented to Governor
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Ordered enrolled
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CS passed; YEAS 38 NAYS 0
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Read 3rd time
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Placed on 3rd reading
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Read 2nd time
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Substituted for CS/CS/SB 772
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Placed on Calendar, on 2nd reading
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Withdrawn from Banking and Insurance; Judiciary; Rules
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Received
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Referred to Banking and Insurance; Judiciary; Rules
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In Messages
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CS passed as amended; YEAS 113 NAYS 0
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Read 3rd time
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Was taken up
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CS passed as amended; YEAS 114 NAYS 0
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Read 3rd time
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Amendment(s) adopted (214153)
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Read 2nd time
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Placed on Special Order Calendar, 04/17/19
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Placed on Calendar
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CS/CS/CS by Judiciary Committee read 1st time
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Pending review of CS -under Rule 7.18(c)
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CS/CS/CS by- Judiciary Committee; YEAS 17 NAYS 0
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On Committee agenda-- Judiciary Committee, 04/03/19, 9:00 am, Sumner Hall
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CS/CS by Transportation and Infrastructure Subcommittee read 1st time
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Now in Judiciary Committee
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Pending review of CS under Rule 7.18(c)
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CS/CS by Transportation and Infrastructure Subcommittee; YEAS 12 NAYS 0
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On Committee agenda-- Transportation and Infrastructure Subcommittee, 03/26/19, 12:00 pm, Reed Hall
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CS by Civil Justice Subcommittee read 1st time
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Now in Transportation and Infrastructure Subcommittee
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Pending review of CS under Rule 7.18(c)
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CS by Civil Justice Subcommittee; YEAS 13 NAYS 0
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Introduced
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On Committee agenda-- Civil Justice Subcommittee, 03/06/19, 8:00 am, Sumner Hall
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Referred to Civil Justice Subcommittee; Transportation and Infrastructure Subcommittee; Judiciary Committee
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Filed
Sponsors
- Fischer · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on
Sponsors (1)
- Fischer
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"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
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 9 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Unaffiliated | 26 | 0 | 0 | 2 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Book | — | Yea |
| Bracy | — | Yea |
| Broxson | — | Yea |
| Cruz | — | Yea |
| Diaz | — | Yea |
| Farmer | — | Yea |
| Gainer | — | Yea |
| Hutson | — | Not Voting |
| Powell | — | Yea |
| Stewart | — | Yea |
| Taddeo | — | Yea |
| Thurston | — | Not Voting |
| Torres | — | Yea |
| Flores | — | Yea |
| Rader | — | Yea |
| Baxley | — | Yea |
| Bean | — | Yea |
| Gibson | — | Yea |
| Benacquisto | — | Yea |
| Simmons | — | Yea |
| Simpson | — | Yea |
| Stargel | — | Yea |
| Lee | — | Yea |
| Brandes | — | Yea |
| Braynon | — | Yea |
| Montford | — | Yea |
| Perry | — | Yea |
| Galvano | — | Yea |
| Berman, Lori | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Albritton, Ben | Republican | Yea |
| Bradley, Jennifer | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 11 | 0 | 0 | 0 |
| Unaffiliated | 79 | 0 | 0 | 2 |
| Republican | 23 | 0 | 0 | 2 |
| Total | 113 | 0 | 0 | 4 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (117)
| Member | Party | Vote |
|---|---|---|
| Ausley | — | Yea |
| Brown | — | Yea |
| Byrd | — | Yea |
| Cummings | — | Yea |
| Diamond | — | Yea |
| Donalds | — | Yea |
| Drake | — | Yea |
| DuBose | — | Yea |
| Duran | — | Yea |
| Eagle | — | Yea |
| Fine | — | Yea |
| Fischer | — | Yea |
| Geller | — | Yea |
| Good | — | Yea |
| Hill | — | Yea |
| Ingoglia | — | Yea |
| Jacobs | — | Yea |
| Jacquet | — | Yea |
| Jenne | — | Yea |
| Killebrew | — | Yea |
| Magar | — | Yea |
| Mariano | — | Yea |
| McGhee | — | Yea |
| Mercado | — | Yea |
| Newton | — | Yea |
| Oliva | — | Yea |
| Payne | — | Yea |
| Pigman | — | Yea |
| Ponder | — | Yea |
| Pritchett | — | Yea |
| Renner | — | Yea |
| Rommel | — | Yea |
| Roth | — | Yea |
| Santiago | — | Yea |
| Silvers | — | Yea |
| Sprowls | — | Not Voting |
| Stevenson | — | Yea |
| Stone | — | Yea |
| Toledo | — | Yea |
| Tomkow | — | Yea |
| Willhite | — | Yea |
| Williamson | — | Yea |
| Alexander | — | Yea |
| Aloupis | — | Yea |
| Altman | — | Yea |
| Grant, J. | — | Yea |
| Raschein | — | Yea |
| Grant, M. | — | Yea |
| Roach | — | Yea |
| Grieco | — | Yea |
| Robinson | — | Yea |
| Bell | — | Yea |
| Hage | — | Yea |
| Rodrigues, R. | — | Yea |
| Beltran | — | Yea |
| Hart | — | Yea |
| Hattersley | — | Yea |
| Sabatini | — | Yea |
| Bush | — | Yea |
| Caruso | — | Yea |
| Casello | — | Yea |
| Clemons | — | Yea |
| Cortes | — | Yea |
| Latvala | — | Yea |
| Sullivan | — | Yea |
| Valdes | — | Yea |
| Fernandez | — | Yea |
| Omphroy | — | Yea |
| Watson, B. | — | Yea |
| Fernandez-Barquin | — | Yea |
| Watson, C. | — | Yea |
| Fetterhoff | — | Yea |
| Webb | — | Yea |
| Williams | — | Yea |
| Fitzenhagen | — | Yea |
| Goff-Marcil | — | Yea |
| Polo | — | Yea |
| Zika | — | Yea |
| Slosberg | — | Not Voting |
| La Rosa | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Antone, Bruce Hadley | Democrat | Yea |
| Daniels, Kimberly | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Joseph, Dotie | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Smith, Carlos Guillermo | Democrat | Yea |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Johnson, Chad | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Sirois, Tyler I. | Republican | Yea |
| Smith, David | Republican | Yea |
| Stark, Paula A. | Republican | Yea |
| Trumbull, Jay | Republican | Not Voting |
| Vacant | Republican | Not Voting |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Democrat | 3 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Diamond | — | Yea |
| Geller | — | Yea |
| Hill | — | Yea |
| Killebrew | — | Yea |
| Renner | — | Yea |
| Rommel | — | Yea |
| Alexander | — | Yea |
| Beltran | — | Yea |
| Fernandez-Barquin | — | Yea |
| Fitzenhagen | — | Yea |
| Grant, J. | — | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
| Sirois, Tyler I. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 2 | 0 | 0 | 1 |
| Unaffiliated | 8 | 0 | 0 | 2 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 3 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Drake | — | Yea |
| Payne | — | Not Voting |
| Ponder | — | Yea |
| Roth | — | Yea |
| Stone | — | Yea |
| Altman | — | Yea |
| Caruso | — | Not Voting |
| Hart | — | Yea |
| Hattersley | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Burton, Colleen | Republican | Not Voting |
| McClain, Stan | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 2 | 0 | 0 | 0 |
| Unaffiliated | 9 | 0 | 0 | 2 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 2 |
| % of votes cast | 87% | 0% | 0% | 13% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Diamond | — | Yea |
| Hill | — | Yea |
| Mercado | — | Not Voting |
| Payne | — | Yea |
| Rommel | — | Yea |
| Stone | — | Yea |
| Toledo | — | Yea |
| Bell | — | Not Voting |
| Beltran | — | Yea |
| Omphroy | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Antone, Bruce Hadley | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| DiCeglie, Nick | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 431?
- HB 431 is sponsored by Fischer.
- What is the current status of HB 431?
- This bill has been enacted into law. Introduced January 22, 2019. Enacted.
- Where can I track HB 431?
- Track HB 431 free on One Click Politics — get push/email alerts when it moves.
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