SB 263 — AN ACT REESTABLISHING CLUB AND NONPROFIT CLUB PERMITS.
Last action — TRANSMITTED TO SECRETARY OF THE STATE
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 22, 2021. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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Prognosis
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Enacted
Current position in the legislative process.
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14 sponsors
14 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (5 R · 3 D) — cross-party backing.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
379 added · 521 removed379 line(s) added, 521 removed.
Senate FileBill No.
636263 GeneralPublic AssemblyAct January Session, 2021(Reprint of File No.
6)21-10 SenateAN BillACT No.REESTABLISHING CLUB AND NONPROFIT CLUB PERMITS.
263 As Amended by Senate Amendment Schedule "A" and House Amendment Schedule "A" Approved by the Legislative Commissioner May 6, 2021 AN ACT REESTABLISHING CLUB AND NONPROFIT CLUB PERMITS.
SB263(b) /The Filedepartment shall determine which clubs it finds to be bona Senate Bill No.
636263 SB263fide Fileand No.for such clubs as the department finds to be bona fide and which offer facilities and privileges in addition to the privileges of the club building, such as golf, tennis, bathing or beach facilities, hunting or riding, the three-year requirement of subdivision (1) of subsection (a) of this section shall not apply.
636Any (b)such Theclub department shall determinebe whichrequired clubsto it(1) findsfile towith bethe bonadepartment, fideupon andrequest, forwithin suchten clubsdays asof theFebruary departmentfirst findsin toeach beyear, bonaa fidelist of the names and whichresidences offerof facilitiesits members, and privilegesshall insimilarly additionfile, towithin theten privilegesdays of the clubelection building,of suchany asadditional golf,member, tennis,themember'snameandaddress,(2)haveaggregateannualmembership bathingfees or beachdues facilities,and huntingother orincome, riding,exclusive theof three-yearany requirementproceeds of subdivisionthe (1)sale of subsectionalcoholic (a)liquor, that is sufficient to defray the annual rental of thisits sectionleased shallor notrented apply.premises, or, ifsuch premises are owned by theclub, sufficient to meet the taxes, insurance and repairs and the interest on any mortgagethereof,and(3)haveitsaffairsand managementbeconducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting.
Any such club shall be required to (1) file with the department, upon request, within ten days of February first in each year, a list of the names and residences of its members, and shall similarly file, within ten days of the election of any additional member, themember'snameandaddress,(2)haveaggregateannualmembership fees or dues and other income, exclusive of any proceeds of the sale of alcoholic liquor, that is sufficient to defray the annual rental of its leased or rented premises, or, ifsuch premises are ownedby theclub, sufficient to meet the taxes, insurance and repairs and the interest on any mortgagethereof,and(3)haveitsaffairsand managementbeconducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting.
(c) As used in this subsection, "nonprofit club" means a club that is exempt from federal income tax under Section 501(a) of the Internal Revenue CodeandisdescribedinSection501(c)ofthecode.Anonprofit club permit shall allow the retail sale of alcoholic liquor to be consumed on the premises of a nonprofit club by members or their guests and by persons other than members or their guests, provided the total receipts ofPublic suchAct club in any year, including receipts from the sale of alcoholic SB263 / File No.
63621-10 SB2632 Fileof 13 Senate Bill No.
636263 of such club in any year, including receipts from the sale of alcoholic liquor, derived from making its facilities and services available to such persons in furtherance of such club's recreational or other nonprofit purpose, shall not exceed fifteen per cent of such club's gross receipts for such year.
provided the club shall file with the department, upon request, within ten days of February first in each year, a list of the names and residences of its members, and shall similarly file, within ten days of the election of any additional member, his name and address, and provided its aggregate annual membership fees or dues and other income, exclusive of any proceeds of the sale of alcoholic liquor, shall be sufficient to defray the annual rental of its leased or rented premises, or, if the premises are owned by the club, shall be sufficient to meet the taxes, insurance and repairsPublic andAct theNo. interest on any mortgage thereof;
and21-10 provided,3 further, its affairs and management shall be conducted by a board of directors,13 executiveSenate committeeBill or similar body chosen by the members at their annual meeting, and no member or any officer, agent or employee ofthe SB263 / File No.
636263 SB263repairs Fileand No.the interest on any mortgage thereof;
636and provided, further, its affairs and management shall be conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting, and no member or any officer, agent or employee ofthe club shall be paid or, directly or indirectly, shall receive in the form of salary or other compensation any profits from the disposition or sale of alcoholic liquor to the club or to the members of the club or its guests introduced by members, beyond the amount of such salary as may be fixed and voted at annual meetings by the members or by its directors or other governing body and as reported by the club to the department, within three months after the annual meeting, and as is, in the judgment of the department, reasonable and proper compensation for the services of such member, officer, agent or employee;
and provided,Public further,Act the affairs and the management of the nonprofit corporation are conducted by a board of directors, executive committee or similar body at least forty per cent of the members of which are chosen by the members of the nonprofit corporation at their annual meeting and the balance of the members of the board of directors are professionals chosen for their knowledge of the business of the SB263 / File No.
63621-10 SB2634 Fileof 13 Senate Bill No.
636263 provided, further, the affairs and the management of the nonprofit corporation are conducted by a board of directors, executive committee or similar body at least forty per cent of the members of which are chosen by the members of the nonprofit corporation at their annual meeting and the balance of the members of the board of directors are professionals chosen for their knowledge of the business of the nonprofit corporation, and all moneys earned by the golf country club shall be used to defray its expenses of operation or for charitable purposes, and any balance shall be directly or indirectly remitted to the nonprofit corporation.
[(h) For purposes of compliance with this section, "cafe" shall include the premises of a club but only by members or their guests, a club being defined as an association of persons, whether incorporated or unincorporated, which has been in existence as a bona fide organization for at least three years prior to applying for a permit issued as provided by this chapter, or has been a bona fide national or international fraternal or social organization or affiliation thereof which has been in existence in this state for one year, for the promotion of some common object, not including associations organized for any commercial or business purpose the object of which is money profit, owning, hiring or leasing a building, or space in a building, or having substantial control of a building or space therein, of such extent and character as, in the judgment of the department, may be suitable and adequate for the reasonableandcomfortableuseandaccommodationreasonableandcomfortableuseandaccommodationofitsmembersand ofitsmembersand their guests;
and provided such club shall file with the department, upon request, within ten days of February first in each year, a list of the names and residences of its members, and shall similarly file, within ten days of the election of any additional member, his name and address, and provided itsPublic aggregateAct annualNo. membership fees or dues and other income, exclusive of any proceeds of the sale of alcoholic liquor, shall be sufficient to defray the annual rental of its leased or rented premises, or, if such premises are owned by the club, shall be sufficient to meet the taxes, insurance and repairs and the interest on any mortgage thereof;
and21-10 provided,5 further, its affairs and management shall be conducted by a board of directors,13 executiveSenate committeeBill or similar body chosen by the members at their annual meeting, and no member or any officer, SB263 / File No.
636263 SB263its Fileaggregate No.annual membership fees or dues and other income, exclusive of any proceeds of the sale of alcoholic liquor, shall be sufficient to defray the annual rental of its leased or rented premises, or, if such premises are owned by the club, shall be sufficient to meet the taxes, insurance and repairs and the interest on any mortgage thereof;
636and provided, further, its affairs and management shall be conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting, and no member or any officer, agent or employee of the club shall be paid or, directly or indirectly, shall receive in the form of salary or other compensation any profits from the disposition or sale of alcoholic liquor to the club or to the members of the club or its guests introduced by members, beyond the amount of such salary as may be fixed and voted at annual meetings by the members or by its directorsdirectorsor or other governing body and as reported by the club to the department, within three months after such annual meeting, and as, in the judgment of the department, is reasonable and proper compensation for the services of such member, officer, agent or employee.
"Nonprofit club" means a club that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and is described in said Section 501(c).] [(j)] (h) For purposes of compliance with this section, "cafe" shall includePublic theAct saleNo. and public consumption of alcoholic liquor by passengers with or without meals upon any one designated boat engaged in the transportation of passengers for hire to or from any port in this state.
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263 include the sale and public consumption of alcoholic liquor by passengers with or without meals upon any one designated boat engaged in the transportation of passengers for hire to or from any port in this state.
It shall be subject to all the SB263privileges, /obligations Fileand No.penalties provided for in this chapter except that it shall be issued to a corporation instead of to a person and if it is revoked, another application may be made by the corporation for the issuance of another railroad permit at any time after the expiration of one year after such revocation.
636 SB263 File No.
636 privileges, obligations and penalties provided for in this chapter except that it shall be issued to a corporation instead of to a person and if it is revoked, another application may be made by the corporation for the issuance of another railroad permit at any time after the expiration of one year after such revocation.
[(m)] (k) For purposes of compliance with this section, "cafe" shall includearoomorbuildingthatissubjecttothecare,custodyandcontrolincludearoomorbuildingthatissubjecttothecare,custodyand control of The University of Connecticut Board of Trustees, or (2) on land or in a building situated on or abutting a golf course which is subject to the care,Public custodyAct andNo. control of an institution offering a program of higher learning, as defined in section 10a-34, which has been accredited by the Board of Regents for Higher Education or Office of Higher Education or otherwise is authorized to award a degree pursuant to section 10a-34.
21-10 7 of 13 Senate Bill No.
263 care, custody and control of an institution offering a program of higher learning, as defined in section 10a-34, which has been accredited by the Board of Regents for Higher Education or Office of Higher Education or otherwise is authorized to award a degree pursuant to section 10a-34.
(Effective from passage) Notwithstanding the provisions of SB263subsection /(f) Fileof No.section 21a-4 of the general statutes, the Commissioner of Consumer Protection shall refund to any prior holder of (1) a club permit issued pursuant to section 30-23 of the general statutes, the portion of the annual fee paid by such permittee in excess of three hundred dollars to obtain a cafe permit under section 30-22a of the general statutes, as amended by this act, and (2) a nonprofit club permit issued pursuant to section 30-23 of the general statutes, the portion of the annual fee paid by such permittee in excess of eight hundred fifteen dollars to obtain a cafe permit under section 30-22a of the general statutes, as amended by this act, if such excess amount was paid by such permittee on or after July 1, 2020, until July 1, 2021.
636 SB263 File No.
636 subsection (f) of section 21a-4 of the general statutes, the Commissioner of Consumer Protection shall refund to any prior holder of (1) a club permit issued pursuant to section 30-23 of the general statutes, the portion of the annual fee paid by such permittee in excess of three hundred dollars to obtain a cafe permit under section 30-22a of the general statutes, as amended by this act, and (2) a nonprofit club permit issued pursuant to section 30-23 of the general statutes, the portion of the annual fee paid by such permittee in excess of eight hundred fifteen dollars to obtain a cafe permit under section 30-22a of the general statutes, as amended by this act, if such excess amount was paid by such permittee on or after July 1, 2020, until July 1, 2021.
No person shall be construed to be a guest of a member of a club within the intent of section [30-23] 1 of this act or of a golf country club within the intent of section 30-24a until such person's name and address has been entered in the guest book maintained for such purposes on the club or golf country club premises, together with the signature of the member and the date of introduction, provided neither the permittee norPublic anyAct personNo. employed to dispense alcoholic beverages on such premises, during his working hours on such premises, shall enter such person's name in such book.
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263 nor any person employed to dispense alcoholic beverages on such premises, during his working hours on such premises, shall enter such person's name in such book.
For the interpretation of this chapter and section 1 of this act, unless SB263the /context Fileindicates No.a different meaning:
636 SB263 File No.
Show all 120 changed lines (80 more)
636 the context indicates a different meaning:
Any liquid or solid containing more than one of the four varieties so definedPublic isAct consideredNo. as belonging to that variety which has the higher percentage of alcohol, according to the following order:
21-10 9 of 13 Senate Bill No.
263 defined is considered as belonging to that variety which has the higher percentage of alcohol, according to the following order:
(6)(A)"Case price" meanstheprice ofacontainer ofcardboard,wood or other material, containing units of the same size and class of alcoholic liquor, and (B) a case of alcoholic liquor, other than beer, cordials, SB263cocktails, /wines Fileand No.prepared mixed drinks, shall be in the number and quantity, or fewer, with the permission of the Commissioner of Consumer Protection, of units or bottles as follows:
636 SB263 File No.
636 cocktails, wines and prepared mixed drinks, shall be in the number and quantity, or fewer, with the permission of the Commissioner of Consumer Protection, of units or bottles as follows:
For the purposes of this subdivision, "class" has the same meaning as defined in 27 CFR 5.22 for spirits,asdefinedin27CFR 4.21for wine, andasdefined inPublic 27Act CFRNo. 7.24 for beer.
21-10 10 of 13 Senate Bill No.
263 in 27 CFR 7.24 for beer.
SB263[(12)] /(14) File"Person" No.means natural person including partners but shall not include corporations, limited liability companies, joint stock companies or other associations of natural persons.
636 SB263 File No.
636 [(12)] (14) "Person" means natural person including partners but shall not include corporations, limited liability companies, joint stock companies or other associations of natural persons.
[(14)] (16) "Dining room" means a room or rooms in premises operating under a hotel permit, hotel beer permit, restaurant permit, restaurantPublic permitAct forNo. beer, where meals are customarily served, within the room or rooms, to any member of the public who has means of payment and proper demeanor.
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263 restaurant permit for beer, where meals are customarily served, within the room or rooms, to any member of the public who has means of payment and proper demeanor.
Subsection (b) of section 30-37f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from SB263passage): / File No.
636 SB263 File No.
636 passage):
Each permit granted under the provisions of section 30-16, 30-17, 30- 20, 30-20a, 30-21, 30-21b, 30-22, 30-22a, as amended by this act, [30-23] 1 ofPublic thisAct act,No. 30-24a, 30-26, 30-28, 30-28a, 30-29, 30-33a, 30-33b, 30-36, 30- 37c or 30-37e, shall also, under the regulations of the Department of Consumer Protection, allow the storage, on the premises and at one other secure location registered with and approved by the department, ofsufficient quantitiesofalcoholicliquor respectively allowedto besold under such permits as may be necessary for the business conducted by the respective permittees or their backers;
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263 of this act, 30-24a, 30-26, 30-28, 30-28a, 30-29, 30-33a, 30-33b, 30-36, 30- 37c or 30-37e, shall also, under the regulations of the Department of Consumer Protection, allow the storage, on the premises and at one other secure location registered with and approved by the department, ofsufficient quantitiesofalcoholicliquor respectively allowedto besold under such permits as may be necessary for the business conducted by the respective permittees or their backers;
ThisApproved actMay shall13, take2021 effectPublic asAct followsNo. and shall amend the following sections:
Section21-10 113 fromof passage13 New section Sec.
2 from passage 30-22a(g) to (m) Sec.
3 from passage New section Sec.
4 from passage New section Sec.
5 from passage 30-23a Sec.
6 from passage 30-1 Sec.
7 from passage 30-37f(b) Sec.
8 from passage 30-38 SB263 / File No.
636 SB263 File No.
636 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 21 $ FY 22 $ FY 23 $ Resources of the GF - Revenue 540,000 540,000 540,000 General Fund Loss Note:
GF=General Fund Municipal Impact:
None Explanation The bill reduces the fee for a café permit for previous holders of nonprofit club and club permits from $2,000 to $300 for a club permit and $815 for a nonprofit club permit resulting in an annual revenue loss of approximately $540,000 beginning in FY 21 .
In FY 20 there were 338 club and nonprofit club permits.
Senate "A" strikes the underlying bill and associated fiscal impact resulting in the impact described above.
House "A" makes the sections containing the club and nonprofit club permitfeereductionseffectivefrompassageresultinginnofiscalimpact because the bill specifies these permittees will receive a refund in FY 21.
House "A" also makes a technical change resulting in no fiscal impact to the state.
The Out Years The annualized ongoing fiscal impact identified above would continue subject to the number of club and nonprofit clubs.
The bill requires the Department of Consumer Protection to issue a refund for any club ($300) or nonprofit club ($815) who paid in excess of the permit fee listed in the bill in FY 21.
SB263 / File No.
636 SB263 File No.
636 OLR Bill Analysis SB 263 (File 6, as amended by House "A" and Senate "A")* AN ACT CONCERNING CLUB PERMIT AND NONPROFIT CLUB PERMIT FEES.
SUMMARY This bill reestablishes the club and nonprofit club alcoholic liquor permits and eliminates current provisions that allow these permittees to receive a cafe permit.
PA 19-24, among other things, combined various permits for on-premises alcohol consumption into the cafe permit, including the club and nonprofit club permits.
The bill allows cafe permittees who were issued their permit for a club or nonprofit club before July 1, 2021, to continue to hold the permit until it is due for renewal or until the replacement permit established by the bill becomes available.
The bill requires the Department of Consumer Protection (DCP) commissioner to refund a portion of the cafe permit annual fee paid by prior club and nonprofit club permittees between July 1, 2020, and July 1, 2021.
Specifically, the commissioner must refund any amount that a prior holder of (1) a club permittee paid in excess of $300 and (2) a nonprofit club permittee paid in excess of $815.
Under current law, the annual fee for a cafe permit is $2,000.
The bill also makes various conforming and technical changes.
*Senate Amendment “A” replaces the underlying bill (File 6), which reduced the cafe permit annual fees for prior club and nonprofit club permits.
*House Amendment “A” (1) changes the effective date for the reestablished permits and conforming and technical changes, from July 1, 2021, to upon passage, and (2) makes additional technical and conforming changes.
SB263 / File No.
636 14 SB263 File No.
636 EFFECTIVE DATE:
Upon passage CLUB PERMIT The bill allows a club permittee to sell alcoholic liquor (e.g., spirits, wine, or beer) at retail for consumption on the premises by members and their guests.
The annual fee for a club permit is $300.
Under the bill, clubs seeking a club permit are subject to the same requirements that current law provides for clubs seeking a cafe permit.
Among other things, they must:
1.
have been in existence for at least three years at the time of application or, in the case of national or international fraternal or social organizations, have been in Connecticut for at least one year;
2.
file with DCP (a) upon request and by February 11 each year, a listoftheirmembers’namesandaddressesand(b)thenamesand addresses of new members within 10 days of their election;
3.
have sufficient membership fees, dues, and other income (other than income derived from selling alcoholic beverages) to pay for their lease or any taxes, insurance, repairs, and mortgage interest on property they own;
and 4.
conduct their affairs through a board of directors, executive committee, or similar body chosen by members at an annual meeting.
NONPROFIT CLUB PERMIT Under the bill, nonprofit club permittees are subject to the same requirements as under current law for cafe permits.
Specifically, they may sell alcoholic liquor for consumption on the premises by members and their guests.
They may also sell to others so long as the income they derive from doing so does not exceed 15% of their annual gross receipts.
The annual fee for a nonprofit club permit is $815.
SB263 / File No.
636 15 SB263 File No.
636 COMMITTEE ACTION General Law Committee Joint Favorable Yea 19 Nay 0 (02/02/2021) SB263 / File No.
636 16
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View plain text versions (5)
- Chaptered Public Act No. 21-10 Current pdf
- File No. 636 View text pdf
- File No. 6 View text pdf
- GL Joint Favorable View text pdf
- Raised Bill View text pdf
Action History
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TRANSMITTED TO SECRETARY OF THE STATE
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PUBLIC ACT 21-10
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SIGNED BY GOVERNOR IN ORIGINAL
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RULES SUSPENDED, TRANSMITTED TO THE GOVERNOR
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IN CONCURRENCE
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SEN. PASSED, HO. AMEND. SCH. A
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SEN. PASSED, SEN. AMEND. SCH. A
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SEN. ADOPTED HO. AMEND. SCH. A
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FILE NO. 636
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DISAGREEING ACTION,TABLED FOR CAL., SEN.
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RULES SUSPENDED, TRANSMITTED TO SENATE
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HOUSE PASSED, HOUSE AMEND. SCH. A
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HOUSE PASSED, SEN. AMEND. SCH. A
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HOUSE ADOPTED HOUSE AMEND. SCH. A
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HOUSE ADOPTED SEN. AMEND. SCH. A
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HOUSE CALENDAR NUMBER 442
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FAV. RPT., TABLED FOR HOUSE CALENDAR
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ON CONSENT CALENDAR
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SEN. PASSED, SEN. AMEND. SCH. A
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SEN. ADOPTED SEN. AMEND. SCH. A
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FILE NO. 6
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SENATE CALENDAR NUMBER 22
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 02/24/21
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FILED WITH LCO
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Joint Favorable
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PUBLIC HEARING 0128
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REF. TO JOINT COMM. ON General Law
Sponsors
- David T. Wilson · Primary
- David Rutigliano · Primary
- Hilda E. Santiago · Primary
- Jeff Currey · Primary
- Craig C. Fishbein · Primary
- Harry Arora · Primary
- Patrick S. Boyd · Primary
- Tom Delnicki · Primary
- Devin R. Carney · Primary
- Kenneth M Gucker · Primary
- Bob Godfrey · Primary
- John E. Piscopo · Primary
- Christine Conley · Primary
- Kevin D. Witkos · Primary
Sponsorship breakdown
Export CSV (upgrade) →14 sponsors · 0 co-sponsors · 173 not signed on
Sponsors (14)
- Wilson, David T.
- David Rutigliano Republican
- Hilda E. Santiago Democratic
- Currey, Jeff
- Craig C. Fishbein Republican
- Arora, Harry
- Patrick S. Boyd Democratic
- Tom Delnicki Republican
- Devin R. Carney Republican
- Gucker, Kenneth M
- Bob Godfrey Democratic
- John E. Piscopo Republican
- Conley, Christine
- Witkos, Kevin D.
Co-sponsors (0)
None.
Not signed on (173)
173 members have not signed on to this bill.
Show all 173 →"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.
Subjects
Frequently asked questions
- Who sponsors SB 263?
- SB 263 is sponsored by Wilson, David T., David Rutigliano (Republican), Hilda E. Santiago (Democratic), Currey, Jeff, Craig C. Fishbein (Republican), Arora, Harry, Patrick S. Boyd (Democratic), Tom Delnicki (Republican), Devin R. Carney (Republican), Gucker, Kenneth M, Bob Godfrey (Democratic), John E. Piscopo (Republican), Conley, Christine, and Witkos, Kevin D..
- What is the current status of SB 263?
- This bill has been enacted into law. Introduced January 22, 2021. Enacted.
- Where can I track SB 263?
- Track SB 263 free on One Click Politics — get push/email alerts when it moves.
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