Illinois 94th Regular Session Status: Enacted

SB 789 — PUBLIC EMPLOYEE BENEFITS-TECH

Last action — Public Act . . . . . . . . . 94-1046

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  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 February 18, 2005. 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

    0 primary, 1 co-sponsors signed on.

  • 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.

Summary

Amends the Illinois Pension Code. Makes a technical change in a Section concerning the Cook County Forest Preserve District.

Bill Text

What changed in the latest version

307 added · 368 removed

Plain-language change summary

The recent amendments to Bill SB 789 include the addition of a section that clarifies which municipalities and their instrumentalities are included under specific regulations based on population criteria. This change specifically exempts municipalities with more than 1,000,000 inhabitants, while defining the inclusion criteria for smaller municipalities. This matters because it ensures that smaller municipalities have clear guidelines and responsibilities regarding participation, which can help them better understand their roles and obligations. Additionally, it establishes a duty for the governing board to notify affected municipalities after census publications, promoting transparency and informed governance.

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SB0789 Engrossed LRB094 04426 AMC 34455 b AN ACT concerning public employee benefits.
SB0789 Enrolled LRB094 04426 AMC 34455 b AN ACT concerning public employee benefits.
The Illinois Pension Code is amended by changing Sections 7-109.3 and 7-132 and adding Section 7-109.4 as follows:
The Illinois Pension Code is amended by changing Section 7-132 as follows:
(40 ILCS 5/7-109.3) (from Ch.
108 1/2, par.
7-109.3) Sec.
7-109.3.
"Sheriff’s Law Enforcement Employees".
(a) "Sheriff’s law enforcement employee" or "SLEP" means:
(1) A county sheriff and all deputies, other than special deputies, employed on a full time basis in the office of the sheriff.
(2) A person who has elected to participate in this Fund under Section 3-109.1 of this Code, and who is employed by a participating municipality to perform police duties.
(3) A law enforcement officer employed on a full time basis by a Forest Preserve District, provided that such officer shall be deemed a "sheriff’s law enforcement employee" for the purposes of this Article, and service in that capacity shall be deemed to be service as a sheriff’s law enforcement employee, only if the board of commissioners of the District have so elected by adoption of an affirmative resolution.
Such election, once made, may not be rescinded.
(4) A person not eligible to participate in a fund established under Article 3 of this Code who is employed on a full-time basis by a participating municipality or participating instrumentality to perform police duties at an airport, but only if the governing authority of the employer has approved sheriff’s law enforcement employee status for its airport police employees by adoption of an SB0789 Engrossed - 2 - LRB094 04426 AMC 34455 b affirmative resolution.
Such approval, once given, may not be rescinded.
(5) An elected or appointed coroner who has elected to participate in this Fund as a sheriff’s law enforcement employee under Section 3-109.4.
(b) An employee who is a sheriff’s law enforcement employee and is granted military leave or authorized leave of absence shall receive service credit in that capacity.
Sheriff’s law enforcement employees shall not be entitled to out-of-State service credit under Section 7-139.
(Source:
P.A.
92-16, eff.
6-28-01.) (40 ILCS 5/7-109.4 new) Sec.
7-109.4.
SLEP credit for coroner.
(a) An elected or appointed coroner who participates in the Fund may elect to participate as a sheriff’s law enforcement employee.
(b) An elected or appointed coroner who has elected to participate in the Fund as a sheriff’s law enforcement employee may have his or her service as a coroner prior to the date of that election deemed service as a sheriff’s law enforcement employee by paying to the Fund the additional contribution required under Section 7-173.1, plus interest thereon at the effective rate from the date of the service to the date of payment.
SB0789 Engrossed - 3 - LRB094 04426 AMC 34455 b (1) Except as to the municipalities and instrumentalities thereof specifically excluded under this Article, every county shall be subject to this Article, and all cities, villages and incorporated towns having a population in excess of 5,000 inhabitants as determined by the last preceding decennial or subsequent federal census, shall be subject to this Article following publication of the census by the Bureau of the Census.
(1) Except as to the municipalities and instrumentalities thereof specifically excluded under this Article, every county shall be subject to this Article, and all cities, villages and incorporated towns having a population in excess of 5,000 inhabitants as determined by the last preceding decennial or subsequent federal census, shall be subject to this Article following publication of the census by the Bureau of the Census.
However, for any city, village or incorporated town that attains a population over 5,000 inhabitants after having provided social security coverage for its employees under the Social Security Enabling Act, participation under this Article shall not be mandatory but may be elected in accordance with subparagraph (3) or (4) of this paragraph (a), whichever is applicable.
However, for any city, village or incorporated town that attains a population over 5,000 inhabitants after SB0789 Enrolled - 2 - LRB094 04426 AMC 34455 b having provided social security coverage for its employees under the Social Security Enabling Act, participation under this Article shall not be mandatory but may be elected in accordance with subparagraph (3) or (4) of this paragraph (a), whichever is applicable.
(4) Any other municipality (together with its instrumentalities), other than those specifically excluded from participation and those described in paragraph (3) above, may elect to be included either by referendum under SB0789 Engrossed - 4 - LRB094 04426 AMC 34455 b Section 7-134 or by the adoption of a resolution or ordinance by its governing body.
(4) Any other municipality (together with its instrumentalities), other than those specifically excluded from participation and those described in paragraph (3) above, may elect to be included either by referendum under Section 7-134 or by the adoption of a resolution or ordinance by its governing body.
(c) A participating municipality which succeeds to the functions of a participating municipality which is dissolved or terminates its existence shall assume and be transferred the net accumulation balance in the municipality reserve and the municipality account receivable balance of the terminated municipality.
(c) A participating municipality which succeeds to the SB0789 Enrolled - 3 - LRB094 04426 AMC 34455 b functions of a participating municipality which is dissolved or terminates its existence shall assume and be transferred the net accumulation balance in the municipality reserve and the municipality account receivable balance of the terminated municipality.
(1) an application to participate, in a form acceptable SB0789 Engrossed - 5 - LRB094 04426 AMC 34455 b to the Board and adopted by a two-thirds vote of the governing body, is presented to the Board not later than 90 days prior to the proposed effective date;
(1) an application to participate, in a form acceptable to the Board and adopted by a two-thirds vote of the governing body, is presented to the Board not later than 90 days prior to the proposed effective date;
(b) The following participating instrumentalities, so long as they meet the requirements of Section 7-108 and the area served by them or within their jurisdiction is not located entirely within a municipality having more than one million inhabitants, may be included hereunder:
(b) The following participating instrumentalities, so long as they meet the requirements of Section 7-108 and the area SB0789 Enrolled - 4 - LRB094 04426 AMC 34455 b served by them or within their jurisdiction is not located entirely within a municipality having more than one million inhabitants, may be included hereunder:
Regional Planning Commissions created under SB0789 Engrossed - 6 - LRB094 04426 AMC 34455 b Division 5-14 of the Counties Code or its predecessor law.
Regional Planning Commissions created under Division 5-14 of the Counties Code or its predecessor law.
Drainage Districts operating under the Illinois Drainage Code.
Drainage Districts operating under the Illinois SB0789 Enrolled - 5 - LRB094 04426 AMC 34455 b Drainage Code.
The governing body of an entity, other than a vocational education cooperative, created under an intergovernmental cooperative agreement established between participating municipalities under the Intergovernmental Cooperation Act, which by the terms of the agreement is the employer of the persons performing SB0789 Engrossed - 7 - LRB094 04426 AMC 34455 b services under the agreement under the usual common law rules determining the employer-employee relationship.
The governing body of an entity, other than a vocational education cooperative, created under an intergovernmental cooperative agreement established between participating municipalities under the Intergovernmental Cooperation Act, which by the terms of the agreement is the employer of the persons performing services under the agreement under the usual common law rules determining the employer-employee relationship.
xxiv.
SB0789 Enrolled - 6 - LRB094 04426 AMC 34455 b xxiv.
Notwithstanding subdivision (a)1 of Section 7-139, on the effective date of SB0789 Engrossed - 8 - LRB094 04426 AMC 34455 b participation, employees of the governing board of the Special Education District of Lake County shall receive creditable service for their prior service with that employer, up to a maximum of 5 years, without any employee contribution.
Notwithstanding subdivision (a)1 of Section 7-139, on the effective date of participation, employees of the governing board of the Special Education District of Lake County shall receive creditable service for their prior service with that employer, up to a maximum of 5 years, without any employee contribution.
The governing board of a special education joint agreement created under Section 10-22.31 of the School Code for which an administrative district has been designated, if there are employees of the cooperative educational entity who are not employees of the administrative district, may elect to participate in the Fund and be included within this Article as a participating instrumentality, subject to such application procedures and rules as the Board may prescribe.
The governing board of a special education joint agreement SB0789 Enrolled - 7 - LRB094 04426 AMC 34455 b created under Section 10-22.31 of the School Code for which an administrative district has been designated, if there are employees of the cooperative educational entity who are not employees of the administrative district, may elect to participate in the Fund and be included within this Article as a participating instrumentality, subject to such application procedures and rules as the Board may prescribe.
The governing board of a special education joint agreement entered into after June 30, 1984 and prior to September 17, 1985 which provides for representation on the governing board by less than all the participating districts shall be included within and subject to this Article as a participating SB0789 Engrossed - 9 - LRB094 04426 AMC 34455 b instrumentality.
The governing board of a special education joint agreement entered into after June 30, 1984 and prior to September 17, 1985 which provides for representation on the governing board by less than all the participating districts shall be included within and subject to this Article as a participating instrumentality.
The payments shall be allocated among the several school districts in proportion to the number of students in average daily attendance for the last full school year for each district in relation to the total number of students in average attendance for such period for all districts served.
The payments shall be allocated among the several school districts in proportion to the number of students in average daily attendance for the last full school year for each district in relation to the SB0789 Enrolled - 8 - LRB094 04426 AMC 34455 b total number of students in average attendance for such period for all districts served.
However, the governing board of any such special recreation joint agreement in effect before January 1, 1980 shall not be subject to this Article unless the joint agreement is modified, by the districts and municipalities which are parties to the agreement, to provide SB0789 Engrossed - 10 - LRB094 04426 AMC 34455 b that the governing board is subject to this Article.
However, the governing board of any such special recreation joint agreement in effect before January 1, 1980 shall not be subject to this Article unless the joint agreement is modified, by the districts and municipalities which are parties to the agreement, to provide that the governing board is subject to this Article.
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(f) The Illinois Medical District Commission created under the Illinois Medical District Act may be included within and subject to this Article as a participating instrumentality, notwithstanding that the location of the District is entirely within the City of Chicago.
(f) The Illinois Medical District Commission created under the Illinois Medical District Act may be included within and subject to this Article as a participating instrumentality, SB0789 Enrolled - 9 - LRB094 04426 AMC 34455 b notwithstanding that the location of the District is entirely within the City of Chicago.
7-21-04.) SB0789 Engrossed - 11 - LRB094 04426 AMC 34455 b Section 90.
7-21-04.) Section 99.
The State Mandates Act is amended by adding Section 8.30 as follows:
(30 ILCS 805/8.30 new) Sec.
8.30.
Exempt mandate.
Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.
Section 99.
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Action History

  1. Public Act . . . . . . . . . 94-1046

  2. Effective Date July 24, 2006

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 036-019-001

  7. Added as Chief Co-Sponsor Sen. Rickey R. Hendon

  8. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 007-004-000

  9. House Committee Amendment No. 1 Motion to Concur Rules Referred to Executive

  10. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  11. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. James A. DeLeo

  12. Placed on Calendar Order of Concurrence House Amendment(s) 01

  13. Secretary's Desk - Concurrence House Amendment(s) 01

  14. Third Reading - Short Debate - Passed 109-000-000

  15. Placed on Calendar Order of 3rd Reading - Short Debate

  16. Held on Calendar Order of Second Reading - Short Debate

  17. Second Reading - Short Debate

  18. Placed on Calendar 2nd Reading - Short Debate

  19. Do Pass as Amended / Short Debate Personnel and Pensions Committee; 005-000-000

  20. House Committee Amendment No. 1 Adopted in Personnel and Pensions Committee; 005-000-000

  21. House Committee Amendment No. 1 Filed with Clerk by Personnel and Pensions Committee

  22. Motion to Suspend Rule 25 - Prevailed

  23. Alternate Chief Co-Sponsor Removed Rep. Angelo Saviano

  24. Alternate Chief Co-Sponsor Removed Rep. Michael P. McAuliffe

  25. Alternate Chief Sponsor Changed to Rep. Arthur L. Turner

  26. Alternate Chief Co-Sponsor Removed Rep. Dan Brady

  27. Assigned to Personnel and Pensions Committee

  28. Final Action Deadline Extended-9(b) May 5, 2006

  29. Added Alternate Chief Co-Sponsor Rep. Angelo Saviano

  30. Added Alternate Chief Co-Sponsor Rep. Michael P. McAuliffe

  31. Referred to Rules Committee

  32. First Reading

  33. Added Alternate Chief Co-Sponsor Rep. Dan Brady

  34. Chief House Sponsor Rep. Kurt M. Granberg

  35. Placed on Calendar Order of First Reading

  36. Arrived in House

  37. Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)

  38. Third Reading - Passed; 057-000-001

  39. Placed on Calendar Order of 3rd Reading

  40. Senate Floor Amendment No. 3 Adopted; Hendon

  41. Senate Floor Amendment No. 1 Adopted; DeLeo

  42. Recalled to Second Reading

  43. Senate Floor Amendment No. 3 Recommend Do Adopt Pensions & Investments; 006-000-001

  44. Senate Floor Amendment No. 3 Rules Refers to Pensions & Investments

  45. Senate Floor Amendment No. 3 Referred to Rules

  46. Senate Floor Amendment No. 3 Filed with Secretary by Sen. Rickey R. Hendon

  47. Senate Floor Amendment No. 2 Postponed - Pensions & Investments

  48. Senate Floor Amendment No. 2 Rules Refers to Pensions & Investments

  49. Added as Co-Sponsor Sen. Edward D. Maloney

  50. Senate Floor Amendment No. 2 Referred to Rules

  51. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Rickey R. Hendon

  52. Added as Co-Sponsor Sen. Antonio Munoz

  53. Senate Floor Amendment No. 1 Recommend Do Adopt Pensions & Investments; 009-000-000

  54. Senate Floor Amendment No. 1 Rules Refers to Pensions & Investments

  55. Added as Chief Co-Sponsor Sen. John J. Millner

  56. Senate Floor Amendment No. 1 Referred to Rules

  57. Senate Floor Amendment No. 1 Filed with Secretary by Sen. James A. DeLeo

  58. Chief Sponsor Changed to Sen. James A. DeLeo

  59. Sponsor Removed Sen. Emil Jones, Jr.

  60. Placed on Calendar Order of 3rd Reading February 24, 2006

  61. Approved for Consideration Rules

  62. Rule 2-10 Third Reading Deadline Extended to January 9, 2007

  63. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  64. Rule 2-10 Third Reading Deadline Extended to December 31, 2005

  65. Placed on Calendar Order of 3rd Reading ** April 13, 2005

  66. Placed on Calendar Order of 3rd Reading March 16, 2005

  67. Second Reading

  68. Pension Note Filed from the Commission on Government Forecasting and Accountability.

  69. Placed on Calendar Order of 2nd Reading March 10, 2005

  70. Do Pass Pensions & Investments; 006-003-000

  71. Assigned to Pensions & Investments

  72. Referred to Rules

  73. First Reading

  74. Chief Co-Sponsor Sen. Emil Jones, Jr.

  75. Filed with Secretary by Sen. Iris Y. Martinez

Sponsors

  • James A. DeLeo · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • James A. DeLeo

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"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

Concurrence

Passed 36 Yea · 19 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 321803
Democrat 4001
Republican 0100
Total 361904
% of votes cast 61%32%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Lauzen — Nay
Maloney — Yea
Althoff — Not Voting
Martinez — Yea
Axley — Yea
Bomke — Nay
Burzynski — Nay
Cronin — Nay
Halvorson — Yea
Link — Yea
Luechtefeld — Nay
Meeks — Yea
Millner — Yea
Pankau — Nay
Munoz — Yea
Peterson — Nay
Radogno — Yea
Sullivan — Yea
Schoenberg — Yea
Shadid — Yea
Jacobs — Yea
Sieben — Nay
Cullerton — Yea
Silverstein — Yea
Demuzio — Yea
Trotter — Yea
Brady — Nay
Viverito — Yea
Petka — Nay
Wilhelmi — Yea
Jones, J. — Nay
Watson — Nay
Jones, W. — Nay
Winkel — Nay
Clayborne — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Forby — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Raoul — Yea
Rauschenberger — Not Voting
Righter — Nay
Risinger — Nay
Ronen — Yea
Roskam — Nay
Rutherford — Nay
del Valle — Yea
Don Harmon Democrat Not Voting
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Third Reading

Passed 109 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 97009
Democrat 9000
Republican 3000
Total 109009
% of votes cast 92%0%0%8%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Sommer — Not Voting
Lang — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Not Voting
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Not Voting
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Not Voting
Myers — Yea
Holbrook — Yea
Jefferson — Yea
Jenisch — Yea
Krause — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
Scully — Yea
Soto — Yea
Reitz — Yea
Lyons — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Burke — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Mitchell, Jerry — Yea
Leitch — Not Voting
Madigan — Yea
Sullivan — Yea
Hannig — Yea
Moffitt — Yea
Molaro — Yea
Mulligan — Yea
Munson — Yea
Howard — Yea
Nekritz — Yea
Osmond — Yea
Watson — Yea
Parke — Yea
Phelps — Yea
Pihos — Yea
Davis, Monique — Yea
Tenhouse — Yea
Tryon — Yea
Turner — Yea
Jones — Not Voting
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Chavez — Yea
Churchill — Not Voting
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Flider — Not Voting
Hamos — Yea
Hassert — Yea
Hultgren — Yea
Jakobsson — Yea
Kosel — Yea
Osterman — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 4001
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Forby — Yea
Haine — Yea
Halvorson — Yea
Dahl — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Radogno — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Silverstein — Yea
Brady — Yea
Munoz — Yea
Trotter — Yea
Sullivan — Yea
Viverito — Yea
Petka — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Clayborne — Yea
Crotty — Yea
Garrett — Yea
Geo-Karis — Yea
Hendon — Yea
Lauzen — Yea
Demuzio — Yea
Link — Yea
Luechtefeld — Yea
Wilhelmi — Yea
Winkel — Yea
Cronin — Not Voting
DeLeo — Yea
Dillard — Yea
Pankau — Yea
Peterson — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Not Voting
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 789 do?
Amends the Illinois Pension Code. Makes a technical change in a Section concerning the Cook County Forest Preserve District.
Who sponsors SB 789?
SB 789 is sponsored by James A. DeLeo.
What is the current status of SB 789?
This bill has been enacted into law. Introduced February 18, 2005. Enacted.
Where can I track SB 789?
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