Florida 2023 Regular Session Status: In Committee 1 D cosponsors

SB 1574 — Judgment Liens

Last action — Laid on Table, companion bill(s) passed, see CS/HB 27 (Ch. 2023-300)

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

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Judgment Liens; Citing this act as the "Judgment Lien Improvement Act"; specifying that payment intangibles, accounts, and the proceeds thereof are subject to judgment liens; providing that certain judgment creditors are subject to specified priority of conflicting rights of a secured party; providing construction relating to the effect of liens existing before a specified date on payment intangibles and accounts and the proceeds thereof; requiring a court, under certain circumstances, to order the Department of Highway Safety and Motor Vehicles to note certain liens on the certificate of title of certain motor vehicles or vessels and in the department’s records, etc.

Bill Text

What changed in the latest version

472 added · 489 removed

472 line(s) added, 489 removed.

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Florida Senate - 2023 CS for CS for SB 1574 By the Committees on Rules;
Florida Senate - 2023 CS for SB 1574 By the Committee on Judiciary;
and Judiciary;
and Senator Rouson 590-03283-23 20231574c1 A bill to be entitled An act relating to judgment liens;
and Senator Rouson 595-04060-23 20231574c2 A bill to be entitled An act relating to judgment liens;
requiring that priority of conflicting rights be determined in a specified manner;
providing that certain judgment creditors are subject to specified priority of conflicting rights of a secured party;
requiring a court, under certain circumstances, to order the Department of Highway Safety and Motor Vehicles to note certain liens on the certificate of Page 1 of 16 CODING:
requiring a court, under certain circumstances, to order the Department of Highway Safety and Motor Vehicles to note certain liens on the certificate of title of certain motor vehicles or vessels and in the department’s records;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 title of certain motor vehicles or vessels and in the department’s records;
prohibiting the department from issuing a motor vehicle certificate of title under certain circumstances;
prohibiting the department from issuing a motor vehicle certificate of title under certain Page 1 of 15 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 circumstances;
Subsections (2), (3), and (5) of section 55.202, Florida Statutes, are amended to read:
Subsections (2) and (5) of section 55.202, Florida Statutes, are amended to read:
lien on personal property.— (2) A judgment lien may be acquired on a judgment debtor’s interest in all personal property in this state subject to Page 2 of 16 CODING:
lien on personal property.— (2) A judgment lien may be acquired on a judgment debtor’s interest in all personal property in this state subject to execution under s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 execution under s.
(a) For payment intangibles and accounts and the proceeds thereof:
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Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 (a) For payment intangibles and accounts and the proceeds thereof:
(c)(b) For any lien, warrant, assessment, or judgment Page 3 of 16 CODING:
(c)(b) For any lien, warrant, assessment, or judgment collected by the Department of Revenue, a judgment lien may be acquired by filing the judgment lien certificate information or warrant with the Department of State in accordance with subsection (5).
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Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 collected by the Department of Revenue, a judgment lien may be acquired by filing the judgment lien certificate information or warrant with the Department of State in accordance with subsection (5).
Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 (d)(c) Except as provided in s.
(d)(c) Except as provided in s.
(3) Except as otherwise provided in s.
55.208, the priority of a judgment lien acquired in accordance with this section or s.
55.204(3) is established at the date and time the judgment lien certificate is filed.
The priority of conflicting rights between a judgment lienholder under this section and a secured party as defined in s.
679.1021(1) must be determined as provided under chapter 679.
Subsection (1) of section 55.205, Florida Page 4 of 16 CODING:
Subsection (1) of section 55.205, Florida Statutes, is amended, and subsections (5), (6), and (7) are added to that section, to read:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 Statutes, is amended, and subsections (5), (6), and (7) are added to that section, to read:
55.202 or whose lien has lapsed may nevertheless proceed against the judgment debtor’s property through any appropriate judicial process, subject to the priority of conflicting rights under chapter 679 of a secured party as defined in s.
55.202 or whose lien has lapsed may nevertheless proceed against the judgment debtor’s property through any appropriate judicial process.
679.1021(1).
(5)(a) If the judgment debtor’s personal property, to the extent not exempt from execution, includes a motor vehicle or a vessel for which a Florida certificate of title has been issued, a judgment lien acquired under this section on such property not yet noted on the certificate of title is valid and enforceable against the judgment debtor.
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Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 (5)(a) If the judgment debtor’s personal property, to the extent not exempt from execution, includes a motor vehicle or a vessel for which a Florida certificate of title has been issued, a judgment lien acquired under this section on such property not yet noted on the certificate of title is valid and enforceable against the judgment debtor.
328.14 or chapter 679, as applicable.
328.14, as applicable.
55.202 may be enforced only through judicial process, including attachment Page 5 of 16 CODING:
55.202 may be enforced only through judicial process, including attachment under chapter 76;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 under chapter 76;
55.202 to payment intangibles or accounts and the proceeds thereof, the account debtor may, absent receipt of notice under s.
55.202 to payment intangibles or accounts and the proceeds thereof, the account debtor may, absent receipt of Page 5 of 15 CODING:
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Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 notice under s.
Thereafter, the account debtor may discharge the account debtor’s obligation to pay payment intangibles or accounts or the proceeds thereof under this section only in accordance with a settlement agreement, final order, or judgment issued in such judicial process which complies with this section.
Thereafter, the account debtor may discharge the account debtor’s obligation to pay payment intangibles or accounts or the proceeds thereof under this section only in accordance with a final order or judgment issued in such judicial process which complies with this section.
effect of filed judgment lien on writs of execution Page 6 of 16 CODING:
effect of filed judgment lien on writs of execution previously delivered to a sheriff.— (1) A judgment lien under s.
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Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 previously delivered to a sheriff.— (1) A judgment lien under s.
Any security interest or lien on payment intangibles or accounts and the proceeds thereof of a judgment debtor which is enforceable and perfected before October 1, 2023, continues to have the same rights and priority as existed before October 1, 2023, and may not take priority over payment intangibles or accounts by a judgment lien certificate filed before October 1, 2023 Any lien created by a writ of execution which has been delivered to the sheriff of any county before October 1, 2001, remains in effect for 2 years thereafter as to any property of the judgment debtor located in that county before October 1, 2001, and remaining within that county after that date.
Any security interest or lien on payment intangibles or accounts and the proceeds thereof of a judgment debtor which is enforceable and perfected before October 1, 2023, continues to have the same rights and priority as existed before October 1, 2023, and may not be primed as to payment intangibles or accounts by a judgment lien certificate filed before October 1, 2023 Any lien created by a writ of execution which has been delivered to the sheriff of any county before October 1, 2001, remains in effect for 2 years thereafter as to any property of the judgment debtor Page 6 of 15 CODING:
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Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 located in that county before October 1, 2001, and remaining within that county after that date.
As to all other property of the judgment debtor, the effective date of Page 7 of 16 CODING:
As to all other property of the judgment debtor, the effective date of the judgment lien is as provided in s.
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Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 the judgment lien is as provided in s.
55.202(2)(b), the Department of State shall collect the following nonrefundable processing fees for all documents filed in accordance with ss.
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Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 55.202(2)(b), the Department of State shall collect the following nonrefundable processing fees for all documents filed in accordance with ss.
Subsection (6) of section 56.29, Florida Page 8 of 16 CODING:
Subsection (6) of section 56.29, Florida Statutes, is amended to read:
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Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 Statutes, is amended to read:
56.16- 56.19 against any person to whom a Notice to Appear has been directed and over whom the court obtained personal jurisdiction irrespective of whether such person has retained the property, subject to applicable principles of equity, and in accordance with chapters 76 and 77 and all applicable rules of civil procedure.
56.16- 56.19 against any person to whom a Notice to Appear has been directed and over whom the court obtained personal jurisdiction Page 8 of 15 CODING:
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Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 irrespective of whether such person has retained the property, subject to applicable principles of equity, and in accordance with chapters 76 and 77 and all applicable rules of civil procedure.
Subsections (2) and (4) and paragraphs (a) and (b) of subsection (5) of section 319.24, Florida Statutes, are Page 9 of 16 CODING:
Subsections (2) and (4) and paragraphs (a) and (b) of subsection (5) of section 319.24, Florida Statutes, are amended to read:
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Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 amended to read:
If there are one or more liens or encumbrances on the motor vehicle or mobile home, the certificate shall be delivered by the department to the first lienholder as shown by department records or to the owner as indicated in the notice of lien filed by the first lienholder pursuant to s.
If there are one or more Page 9 of 15 CODING:
319.27.
If the notice of lien filed by the first lienholder indicates that the certificate should be delivered to the first lienholder, the department shall deliver to the first lienholder, along with the certificate, a form to be subsequently used by the lienholder as a satisfaction.
If the notice of lien filed by the first lienholder directs the certificate of title to be delivered to the owner, then, upon delivery of the certificate of title by the department to the owner, the department shall deliver to the first lienholder confirmation of the receipt of the notice of lien and the date the certificate of title was issued to the owner at the owner’s Page 10 of 16 CODING:
Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 address shown on the notice of lien and a form to be subsequently used by the lienholder as a satisfaction.
Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 liens or encumbrances on the motor vehicle or mobile home, the certificate shall be delivered by the department to the first lienholder as shown by department records or to the owner as indicated in the notice of lien filed by the first lienholder pursuant to s.
319.27.
If the notice of lien filed by the first lienholder indicates that the certificate should be delivered to the first lienholder, the department shall deliver to the first lienholder, along with the certificate, a form to be subsequently used by the lienholder as a satisfaction.
If the notice of lien filed by the first lienholder directs the certificate of title to be delivered to the owner, then, upon delivery of the certificate of title by the department to the owner, the department shall deliver to the first lienholder confirmation of the receipt of the notice of lien and the date the certificate of title was issued to the owner at the owner’s address shown on the notice of lien and a form to be subsequently used by the lienholder as a satisfaction.
If the parties do not amicably resolve the conflict within 10 days from the date such notice was mailed, then the department shall serve notice in writing by certified mail on all persons appearing to hold liens on that particular vehicle, including the applicant for the certificate, to show cause within 15 days from the date the notice is mailed why it should not issue and deliver the certificate to the person indicated in the notice of lien filed by the lienholder whose name appears in the application as the first lienholder without showing any lien or liens as outstanding other than those appearing in the application or those which may have been filed subsequent to the filing of the application for the certificate.
If the parties do not amicably resolve the conflict within 10 days from the date such notice was mailed, then the department shall serve notice in writing by certified mail on all persons appearing to hold liens on that particular vehicle, including the applicant Page 10 of 15 CODING:
If, within the 15-day period, any person other than the lienholder shown in the application or a party filing a subsequent lien, in answer to such notice to show cause, appears in person or by a representative, or responds in writing, and files a written statement under oath that his or her lien on that particular vehicle is still outstanding, the department shall not issue the certificate to anyone until after such conflict has been settled by the lien Page 11 of 16 CODING:
Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 claimants involved or by a court of competent jurisdiction.
Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 for the certificate, to show cause within 15 days from the date the notice is mailed why it should not issue and deliver the certificate to the person indicated in the notice of lien filed by the lienholder whose name appears in the application as the first lienholder without showing any lien or liens as outstanding other than those appearing in the application or those which may have been filed subsequent to the filing of the application for the certificate.
If, within the 15-day period, any person other than the lienholder shown in the application or a party filing a subsequent lien, in answer to such notice to show cause, appears in person or by a representative, or responds in writing, and files a written statement under oath that his or her lien on that particular vehicle is still outstanding, the department shall not issue the certificate to anyone until after such conflict has been settled by the lien claimants involved or by a court of competent jurisdiction.
A duplicate certificate or corrected certificate shall only show such lien or liens as were shown in the application and subsequently filed liens that may be outstanding.
A duplicate certificate or corrected certificate shall only show Page 11 of 15 CODING:
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Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 such lien or liens as were shown in the application and subsequently filed liens that may be outstanding.
55.202(2) on personal property of the owner desires to place a Page 12 of 16 CODING:
55.202(2) on personal property of the owner desires to place a lien on the motor vehicle or a vessel, the judgment lienholder must send a written request to the department together with a copy of the lienholder’s judgment lien certificate.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 lien on the motor vehicle or a vessel, the judgment lienholder must send a written request to the department together with a copy of the lienholder’s judgment lien certificate.
If the first lienholder or owner fails, neglects, or refuses to forward the certificate of title to the department within 10 days after from the date of the owner’s, the judgment lienholder’s, or the director’s or designee’s request, the department, on the written request of the subsequent lienholder or an assignee thereof, shall demand of the first lienholder or the owner the return of such certificate for the notation of the second or subsequent lien or encumbrance.
If the first lienholder or owner fails, neglects, or refuses to forward the certificate of title to the department Page 12 of 15 CODING:
If the first lienholder or owner fails, neglects, or refuses to return the certificate to the department as requested, the department must void the certificate of title and issue a replacement certificate showing the notation of the subsequent lien or encumbrance.
(5)(a) Upon satisfaction of any first lien, judgment lien, or encumbrance recorded at the department or upon lapse of a judgment lien, the owner of the motor vehicle or mobile home, as shown on the title certificate, or the person satisfying the Page 13 of 16 CODING:
Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 lien is shall be entitled to demand and receive from the lienholder a satisfaction of the lien.
Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 within 10 days after from the date of the owner’s, the judgment lienholder’s, or the director’s or designee’s request, the department, on the written request of the subsequent lienholder or an assignee thereof, shall demand of the first lienholder or the owner the return of such certificate for the notation of the second or subsequent lien or encumbrance.
If the first lienholder or owner fails, neglects, or refuses to return the certificate to the department as requested, the department must void the certificate of title and issue a replacement certificate showing the notation of the subsequent lien or encumbrance.
(5)(a) Upon satisfaction of any first lien, judgment lien, or encumbrance recorded at the department or upon lapse of a judgment lien, the owner of the motor vehicle or mobile home, as shown on the title certificate, or the person satisfying the lien is shall be entitled to demand and receive from the lienholder a satisfaction of the lien.
674.215 shall mail or otherwise deliver a lien satisfaction and the certificate of title indicating the satisfaction within 10 working days of receipt of such final payment or notify the person satisfying the lien that the title is not available within 10 working days of receipt of such final payment.
674.215 shall mail or otherwise deliver a lien satisfaction and the certificate of title indicating the satisfaction within Page 13 of 15 CODING:
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Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 10 working days of receipt of such final payment or notify the person satisfying the lien that the title is not available within 10 working days of receipt of such final payment.
If the certificate of title was retained by the owner, the owner shall, within 5 days of the satisfaction of a lien, deliver the certificate of title to the lienholder Page 14 of 16 CODING:
If the certificate of title was retained by the owner, the owner shall, within 5 days of the satisfaction of a lien, deliver the certificate of title to the lienholder and the lienholder shall enter a satisfaction thereof in the space provided on the face of the certificate of title.
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words underlined are additions.
Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 and the lienholder shall enter a satisfaction thereof in the space provided on the face of the certificate of title.
319.241 Removal of lien from records.—The owner of a motor vehicle or mobile home upon which a lien has been filed with the department or noted upon a certificate of title for a period of 5 years may apply to the department in writing for such lien to be removed from the department files or from the certificate of title.
319.241 Removal of lien from records.—The owner of a motor vehicle or mobile home upon which a lien has been filed with the department or noted upon a certificate of title for a period of 5 years may apply to the department in writing for such lien to be removed from the department files or from the certificate of Page 14 of 15 CODING:
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Florida Senate - 2023 CS for SB 1574 590-03283-23 20231574c1 title.
If a second judgment lien certificate Page 15 of 16 CODING:
If a second judgment lien certificate was filed with the Department of State, the department must remove the notice of the first judgment lien certificate and add notation of the second judgment lien certificate at the end of all noted liens.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for CS for SB 1574 595-04060-23 20231574c2 was filed with the Department of State, the department must remove the notice of the first judgment lien certificate and add notation of the second judgment lien certificate at the end of all noted liens.
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/HB 27 (Ch. 2023-300)

  2. Substituted CS/HB 27

  3. Read 2nd time

  4. CS/CS by Rules read 1st time

  5. Placed on Special Order Calendar, 04/27/23

  6. Placed on Calendar, on 2nd reading

  7. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  8. CS/CS by- Rules; YEAS 18 NAYS 0

  9. On Committee agenda-- Rules, 04/19/23, 8:30 am, 412 Knott Building

  10. CS by Judiciary read 1st time

  11. Now in Rules

  12. Remaining references corrected to Rules

  13. Original reference(s) removed: Banking and Insurance

  14. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  15. CS by Judiciary; YEAS 11 NAYS 0

  16. On Committee agenda-- Judiciary, 03/29/23, 12:00 pm, 412 Knott Building

  17. Introduced

  18. Referred to Judiciary; Banking and Insurance; Rules

  19. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 161 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (161)

161 members have not signed on to this bill.

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"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

Favorable with Committee Substitute

Passed 18 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Republican 11000
Democrat 3000
Total 18002
% of votes cast 90%0%0%10%
How each member voted (20)
Member Party Vote
Baxley — Yea
Book — Yea
Torres — Yea
Perry — Yea
Broxson — Not Voting
Hutson — Not Voting
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Boyd, Jim Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 11 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 7000
Unaffiliated 4001
Total 11001
% of votes cast 92%0%0%8%
How each member voted (12)
Member Party Vote
Baxley — Yea
Book — Yea
Stewart — Yea
Broxson — Not Voting
Thompson, Geraldine F. "Geri" — Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Harrell, Gayle Republican Yea
Trumbull, Jay Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Subjects

finance
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 SB 1574 do?
Judgment Liens; Citing this act as the "Judgment Lien Improvement Act"; specifying that payment intangibles, accounts, and the proceeds thereof are subject to judgment liens; providing that certain judgment creditors are subject to specified priority of conflicting rights of a secured party; providing construction relating to the effect of liens existing before a specified date on payment intangibles and accounts and the proceeds thereof; requiring a court, under certain circumstances, to order the Department of Highway Safety and Motor Vehicles to note certain liens on the certificate of title of certain motor vehicles or vessels and in the department’s records, etc.
Who sponsors SB 1574?
SB 1574 is sponsored by Rouson, Darryl Ervin (Democrat), Judiciary, and Rules.
What is the current status of SB 1574?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1574?
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