Kentucky 2021 Regular Session Status: Enacted 1 R cosponsors

SB 63 — AN ACT relating to elections.

Last action — to Rules (H)

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

This bill has been enacted into law. Introduced January 05, 2021. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 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

214 added · 112 removed

214 line(s) added, 112 removed.

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UNOFFICIAL COPY 21 RS BR 192 AN ACT relating to elections.
Vetoed in its Entirety UNOFFICIAL COPY 21 RS SB 63/GA AN ACT relating to elections.
Page 1 of 8 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 192 2.
Page 1 of 11 SB006310.100 - 192 - XXXX GA Vetoed in its Entirety UNOFFICIAL COPY 21 RS SB 63/GA 2.
of this paragraph for each political party for each county by the deadline established in paragraph (a) of this subsection or within one (1) month of a vacancy, then the chair of the state central committees for the political parties may submit the nomination[lists of five (5) names] of qualified residents from the county or counties whose nomination was rejected, or the remaining counties by August 1 of the year in which the term expires,[following the election of persons to statewide office] or within two (2) months of a vacancy.
of this paragraph for each political party for each county by the deadline established in paragraph (a) of this subsection or within one (1) month of a vacancy, then the chair of the state central committees for the political parties may submit the nomination[lists of five (5) names] of qualified residents from the county or counties whose nomination was rejected, or the remaining counties by August 1 of the year in which the term expires[following the election of persons to statewide office] or within two (2) months of a vacancy.
of this paragraph, then the State Board of Elections shall appoint a qualified resident from the county at its next regularly scheduled meeting in September following the election of for President and Vice President of the United States[persons to statewide office] or Page 2 of 8 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 192 within three (3) months of a vacancy.
of this paragraph, then the State Board of Elections shall appoint a qualified resident from the county at its next regularly scheduled meeting in September following the election for President and Vice President of the United States[of persons to statewide office] Page 2 of 11 SB006310.100 - 192 - XXXX GA Vetoed in its Entirety UNOFFICIAL COPY 21 RS SB 63/GA or within three (3) months of a vacancy.
(e) Compensation and payment of actual expenses of members shall be set by the fiscal court either as an amount payable on an annual basis, or as an amount payable on a per diem basis of not less than fifteen dollars ($15) nor more than Page 3 of 8 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 192 one hundred dollars ($100) for each day the board meets.
(e) Compensation and payment of actual expenses of members shall be set by the fiscal court either as an amount payable on an annual basis, or as an amount payable on a per diem basis of not less than fifteen dollars ($15) nor more than Page 3 of 11 SB006310.100 - 192 - XXXX GA Vetoed in its Entirety UNOFFICIAL COPY 21 RS SB 63/GA one hundred dollars ($100) for each day the board meets.
No make of voting machine shall be approved for use unless it is so constructed that:
No make of voting machine shall be approved and certified for use unless it is so constructed that:
(1) It will ensure[insure] secrecy to the voter in the act of voting.
Page 4 of 11 SB006310.100 - 192 - XXXX GA Vetoed in its Entirety UNOFFICIAL COPY 21 RS SB 63/GA (1) It will ensure[insure] secrecy to the voter in the act of voting;[.] (2) It provides facilities that will permit votes to be cast for any candidate entitled to have his or her name printed upon the ballots at any primary or regular[,] or special[ or primary] election, and for or against any public question entitled to be placed upon the ballots;[.] (3) It will, except at a primary[ elections], permit a voter to vote for all the candidates of one (1) party or for one (1) or more candidates of every party having candidates entitled to be voted for, or for one (1) or more independent candidates;[.] (4) It will permit a voter to vote for as many persons for an office as he or she is lawfully entitled to vote for, and no more;[.] (5) It will prevent a voter from voting for the same person, or for or against the same question, more than once;[.] (6) It will permit a voter to vote for or against any question he or she may have the right to vote on, but no other;[.] (7) It may be adjusted for use in primaries[primary elections] so that a voter may not vote for any person except those seeking nomination as candidates of his or her party or as candidates for an office of the Court of Justice;[.] (8) It will correctly register and accurately count all votes cast for each person, and for or against each public question;[.] (9) It can be determined whether the machine has been unlocked and operated after once being locked;[.] (10) It will show at all times during an election how many persons have voted by a device[ hereinafter] referred to as a public counter;[.] (11) The counter indicating the number of votes cast for each person and for or against each public question cannot be seen or tampered with without unlocking a covering device that cannot be unlocked by a key that unlocks any other part of the machine.
Page 4 of 8 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 192 (2) It provides facilities that will permit votes to be cast for any candidate entitled to have his or her name printed upon the ballots at any primary, regular election, or special[ or primary] election, and for or against any public question entitled to be placed upon the ballots.
When such counters are so exposed the machine can no longer be placed into Page 5 of 11 SB006310.100 - 192 - XXXX GA Vetoed in its Entirety UNOFFICIAL COPY 21 RS SB 63/GA condition for operation without the use of a special key, which key shall not have been in the possession of the election officers at the polling places;
(3) It will, except at a primary[ elections], permit a voter to vote for all the candidates of one (1) party or for one (1) or more candidates of every party having candidates entitled to be voted for, or for one (1) or more independent candidates.
but if this requirement has the effect of eliminating from consideration any other make of machine such requirement shall not apply;[.] (12) The operating device and operating mechanism may be locked before the time for opening the polls and after the time for closing the polls;[.] (13) It is accompanied by a mechanical model illustrating the manner of voting on the machine, suitable for the instruction of voters;[.] (14) It will permit a voter to vote for all the candidates for presidential electors of any party by one (1) operation;[.] (15) It will permit a voter to vote, in any regular or special election, for any person desired to be voted for whose name does not appear upon the voting machine;[.] (16) It bears a number that will distinguish it from any other machine;[.] (17) It shall not be capable of:
(4) It will permit a voter to vote for as many persons for an office as the voter[he] is lawfully entitled to vote for, and no more.
(a) Establishing a wireless connection;
(5) It will prevent a voter from voting for the same person, or for or against the same question, more than once.
(b) Establishing a connection to an external network;
(6) It will permit a voter to vote for or against any question the voter[he] may have the right to vote on, but no other.
(c) Connecting to any device that is capable of establishing a connection to an external network, including any over-the-air interface;
(7) It may be adjusted for use in primaries[primary elections] so that a voter may not vote for any person except those seeking nomination as candidates of the voter's[his] party or as candidates for an office of the Court of Justice.
or (d) Establishing any hardware or software connection between any component of the voting machine, voting equipment, or voting system during voting;
(8) It will correctly register and accurately count all votes cast for each person, and for or against each public question.
and (18) It shall produce a paper record with a manual audit capacity, which shall be available as an official record of votes cast[The frames in which ballot labels are placed shall be constructed with transparent protective devices, in order that the names thereon cannot be mutilated or altered].
(9) It can be determined whether the machine has been unlocked and operated after once being locked.
(10) It will show at all times during an election how many persons have voted by a device hereinafter referred to as a public counter.
(11) The counter indicating the number of votes cast for each person and for or against each public question cannot be seen or tampered with without unlocking a covering device that cannot be unlocked by a key that unlocks any other part of the machine.
When such counters are so exposed the machine can no longer be placed into condition for operation without the use of a special key, which key shall not have Page 5 of 8 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 192 been in the possession of the election officers at the polling places;
but if this requirement has the effect of eliminating from consideration any other make of machine such requirement shall not apply.
(12) The operating device and operating mechanism may be locked before the time for opening the polls and after the time for closing the polls.
(13) It is accompanied by a mechanical model illustrating the manner of voting on the machine, suitable for the instruction of voters.
(14) It will permit a voter to vote for all the candidates for presidential electors of any party by one (1) operation.
(15) It will permit a voter to vote, in any regular election or special election, for any person desired to be voted for whose name does not appear upon the voting machine.
(16) It bears a number that will distinguish it from any other machine.
(17) It shall not be connected to the Internet[The frames in which ballot labels are placed shall be constructed with transparent protective devices, in order that the names thereon cannot be mutilated or altered].
KRS 117.379 is amended to read as follows:
(1) Any person or corporation owning, manufacturing or selling any electronic voting Page 6 of 11 SB006310.100 - 192 - XXXX GA Vetoed in its Entirety UNOFFICIAL COPY 21 RS SB 63/GA system, may request the State Board of Elections to examine the system.
Before requesting an examination or reexamination, any person, persons, or corporation shall pay to the State Treasurer an examination fee of five hundred dollars ($500) and submit a test report from an independent testing authority approved by the State Board of Elections.
The report shall demonstrate that the system meets all Federal Election Commission voting system standards.
The State Board of Elections may, at any time, reexamine any system already approved.
The State Board of Elections shall approve or disapprove any voting system within sixty (60) days after the date of its initial submission.
Any voting machine or voting system certified by the State Board of Elections, but not in compliance with Sections 2 and 4 of this Act, shall continue to operate until a replacement voting machine or voting system as required by Sections 2 and 4 of this Act has been certified and placed in operation.
(2) Upon receipt of a request for examination or reexamination of an electronic voting system, the State Board of Elections shall require that such system be examined or reexamined by three (3) examiners.
The State Board of Elections shall appoint one (1) examiner who is an expert in computer science or electronic voting systems, one (1) person who is knowledgeable in election procedures and law in Kentucky, and one (1) person who is a present or former county clerk.
The three (3) examiners shall submit one (1) written report on each system examined or reexamined to the State Board of Elections.
The members of the State Board of Elections shall also examine or reexamine the system.
A system shall be approved if the examiners' report states that the system meets all the requirements of KRS 117.381 and the State Board of Elections finds that the system meets all of the requirements of KRS 117.381.
The report and a letter of approval shall be filed in the office of the State Board of Elections.
(3) Any electronic voting system not approved by the State Board of Elections shall not Page 7 of 11 SB006310.100 - 192 - XXXX GA Vetoed in its Entirety UNOFFICIAL COPY 21 RS SB 63/GA be used at any election.
(4) When an electronic voting system has been approved any improvement or changes in the system shall render necessary the examination or approval of such system or improvement.
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(5) Neither the members of the State Board of Elections, nor any examiner appointed by the State Board of Elections, nor any member of a county board of elections shall have any pecuniary interest in any electronic voting system.
(6) Each examiner appointed by the State Board of Elections shall receive fair compensation to be established by the State Board of Elections.
Section 4.
No electronic voting system shall, upon any examination or reexamination, be approved by the State Board of Elections unless it shall be established that such system, at the time of examination or reexamination:
No electronic voting system shall, upon any examination or reexamination, be approved and certified by the State Board of Elections unless it is[shall be] established that such system, at the time of examination or reexamination:
(2) Permits each voter to vote at any election for all candidates and questions for which the voter[he] is lawfully entitled to vote, and no others;
(2) Permits each voter to vote at any election for all candidates and questions for which he or she is lawfully entitled to vote, and no others;
Page 6 of 8 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 192 (6) If it is of a type that registers the vote electronically, the voting system shall preclude each voter from voting for more persons for any office than the voter[he] is entitled to vote for or upon any question more than once;
(6) If it is of a type that registers the vote electronically, the voting system shall preclude each voter from voting for more persons for any office than he or she is entitled to vote for or upon any question more than once;
(7) Permits each voter at a primary[ election] to vote only for the candidates seeking nomination by a political party in which such voter is registered, and for any candidate for nonpartisan nomination, and for any question upon which the voter[he] is entitled to vote;
(7) Permits each voter at a primary[ election] to vote only for the candidates seeking nomination by a political party in which such voter is registered, and for any candidate for nonpartisan nomination, and for any question upon which he or she is entitled to vote;
(8) If it is of a type that registers the vote electronically, the voting system shall permit each voter to change his or her vote for any candidate or upon any question appearing on the official ballot up to the time that the voter[he] takes the final step to register his or her vote and to have his or her vote computed.
Page 8 of 11 SB006310.100 - 192 - XXXX GA Vetoed in its Entirety UNOFFICIAL COPY 21 RS SB 63/GA (8) If it is of a type that registers the vote electronically, the voting system shall permit each voter to change his or her vote for any candidate or upon any question appearing on the official ballot up to the time that he or she takes the final step to register his or her vote and to have his or her vote computed.
(10) Is so constructed that a voter may readily learn the method of operating it;
(10) Is so constructed that a voter may readily learn the method of operating it;[ and] (11) Meets or exceeds the standards for electronic voting equipment established by the Federal Election Commission;[ and] (12) Provides for tabulating votes at the precinct in accordance with the requirements of KRS 117.275;[.] (13) Is not be capable of:
and (11) Meets or exceeds the standards for electronic voting equipment established by the Federal Election Commission;[ and] (12) Provides for tabulating votes at the precinct in accordance with the requirements of KRS 117.275;
(a) Establishing a wireless connection;
and (13) Shall not be connected to the Internet.
(b) Establishing a connection to an external network;
Section 4.
(c) Connecting to any device that is capable of establishing a connection to an external network including any over-the-air interface;
As a schedule of transitional provisions, those members appointed under Section 1 of this Act by the State Board of Elections in 2024 shall serve for a term of three (3) years and until their successors are appointed in 2027.
or (d) Establishing any hardware or software connection between any component of the voting machine, voting equipment, or voting system during voting;
Beginning in 2027, and for each term thereafter, members of the county board of elections appointed by the State Board of Elections shall serve for a term of four (4) years and until their successors are Page 7 of 8 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 192 appointed.
and (14) Produces a paper record with a manual audit capacity, which shall be available as an official record of votes cast.
Page 8 of 8 XXXX Jacketed
Section 5.
KRS 118.025 is amended to read as follows:
(1) (a) Except as otherwise provided by law, voting in all primaries and elections shall be by secret paper ballot, marked in pen by the voter[ on voting Page 9 of 11 SB006310.100 - 192 - XXXX GA Vetoed in its Entirety UNOFFICIAL COPY 21 RS SB 63/GA machines].
(b) Notwithstanding paragraph (a) of this subsection, if a county or precinct does not have voting equipment capable of complying with this section and Sections 2 and 4 of this Act, the county or precinct shall continue to use voting machines or voting systems that are certified by the State Board of Elections before the effective date of this Act until a replacement voting machine or system as required by this section and Sections 2 and 4 of this Act has been certified and placed in operation.
(2) The general laws applying to primaries, regular, and special elections shall apply to primaries, regular, and special elections conducted with the use of voting machines, and all provisions of the general laws applying to the custody of ballot boxes shall apply, as far as applicable, to the custody of the voting machine.
(3) Primaries for the nomination of candidates to be voted for at the next regular election shall be held on the first Tuesday after the third Monday in May of each year.
(4) The election of all officers of all governmental units shall be held on the first Tuesday after the first Monday in November.
(5) If the law authorizes the calling of a special election on a day other than the day of the regular election in November, the election shall be held on a Tuesday.
(6) If the law requires that a special election be held within a period of time during which the voting machines must be locked as required by KRS 117.295, the special election shall be held on the fourth Tuesday following the expiration of the period during which the voting machines are locked.
Section 6.
As a schedule of transitional provisions, those members appointed under Section 1 of this Act by the State Board of Elections in 2024 shall serve for a term of three years and until their successors are appointed in 2027.
Beginning in 2027, and for each term thereafter, members of the county board of elections appointed by the State Page 10 of 11 SB006310.100 - 192 - XXXX GA Vetoed in its Entirety UNOFFICIAL COPY 21 RS SB 63/GA Board of Elections shall serve for a term of four years and until their successors are appointed.
Page 11 of 11 SB006310.100 - 192 - XXXX GA
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Action History

  1. to Rules (H)

  2. received in House

  3. Bill passed 31-6

  4. veto overridden

  5. posted for consideration of Governor's veto for Monday, March 29, 2021

  6. to Rules (S)

  7. received in Senate

  8. Vetoed

  9. delivered to Governor

  10. enrolled, signed by Speaker of the House

  11. enrolled, signed by President of the Senate

  12. received in Senate

  13. 3rd reading, passed 96-1

  14. posted for passage in the Regular Orders of the Day for Monday, March 15, 2021

  15. reported favorably, 2nd reading, to Rules

  16. posted in committee

  17. to Elections, Const. Amendments & Intergovernmental Affairs (H)

  18. returned to Committee on Committees (H)

  19. 1st reading

  20. taken from Committee on Committees (H)

  21. to Committee on Committees (H)

  22. received in House

  23. 3rd reading, passed 36-0 with Committee Substitute

  24. posted for passage in the Consent Orders of the Day for Friday, February 26, 2021

  25. 2nd reading, to Rules

  26. reported favorably, 1st reading, to Consent Calendar with Committee Substitute

  27. to State & Local Government (S)

  28. to Committee on Committees (S)

  29. introduced in Senate

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 137 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (137)

137 members have not signed on to this bill.

Show all 137 →

"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

FINAL PASS SB 63

Passed 31 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14500
Republican 17000
Democrat 0101
Total 31601
% of votes cast 82%16%0%3%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Turner — Yea
Buford — Yea
Hornback — Yea
Schickel — Yea
Schroder — Yea
Kerr — Yea
Smith — Yea
Westerfield — Yea
Castlen — Yea
Southworth — Yea
Embry — Yea
Meredith — Yea
Thayer — Yea
Thomas — Nay
Yates — Nay
McGarvey — Nay
Parrett — Nay
Harper Angel — Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Not Voting
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 96 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 52000
Unaffiliated 37102
Democrat 7001
Total 96103
% of votes cast 96%1%0%3%
How each member voted (100)
Member Party Vote
Fischer — Yea
Meeks — Yea
Santoro — Yea
Bechler — Yea
Jenkins — Yea
Meredith — Yea
Scott — Yea
Bentley — Yea
Sheldon — Yea
Flood — Yea
Smith — Yea
Minter — Yea
Koenig — Yea
Thomas — Yea
Goforth — Yea
Palumbo — Yea
Timoney — Yea
Burch — Yea
Graham — Yea
Pratt — Yea
Prunty — Yea
Webber — Yea
Cantrell — Yea
Hatton — Yea
Massey — Yea
Westrom — Yea
Dixon — Yea
Heath — Yea
Wheatley — Yea
Donohue — Yea
McCoy — Yea
Rowland — Yea
Raymond — Nay
Carney — Not Voting
DuPlessis — Not Voting
Huff R — Yea
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Not Voting
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS SB 63 W/ scs1

Passed 36 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 17002
Democrat 2000
Republican 17000
Total 36002
% of votes cast 95%0%0%5%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Hornback — Yea
Parrett — Yea
Thomas — Yea
Turner — Yea
Buford — Yea
Kerr — Yea
Schickel — Yea
Schroder — Yea
McGarvey — Yea
Smith — Yea
Westerfield — Yea
Embry — Yea
Meredith — Yea
Southworth — Yea
Thayer — Yea
Yates — Yea
Castlen — Not Voting
Harper Angel — Not Voting
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

elections
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

Who sponsors SB 63?
SB 63 is sponsored by Jimmy Higdon (Republican).
What is the current status of SB 63?
This bill has been enacted into law. Introduced January 05, 2021. Enacted.
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