Connecticut 2021 Regular Session Status: Enacted 1 R cosponsors

SB 841 — AN ACT CONCERNING THE INSURANCE DEPARTMENT'S RECOMMENDED CHANGES TO THE INSURANCE STATUTES.

Last action — SIGNED BY GOVERNOR

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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 04, 2021. Enacted.

Prognosis

Advancing 54% · 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.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

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

590 added · 619 removed

590 line(s) added, 619 removed.

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General Assembly Substitute Bill No.
Substitute Senate Bill No.
841 January Session, 2021 AN ACT CONCERNING THE INSURANCE DEPARTMENT'S RECOMMENDED CHANGES TO THE INSURANCE STATUTES.
841 Public Act No.
21-137 AN ACT CONCERNING THE INSURANCE DEPARTMENT'S RECOMMENDED CHANGES TO THE INSURANCE STATUTES.
This definition does not apply to payments made under a policy of life insurance.
This definition does not apply to payments made under a policy of life Substitute Senate Bill No.
LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00841-R1 of 19 SB.docx Substitute Bill No.
841 insurance.
841 (4) "Commissioner" means the Insurance Commissioner.
(4) "Commissioner" means the Insurance Commissioner.
For purposes of this subdivision "liabilities" shall include but not be limited to reserves required by statute or by regulations adopted by the commissioner in accordance with the provisions of chapter 54 or specific requirements imposed by the commissioner upon a subject company at the time of admission or subsequent thereto.
For purposes of this subdivision "liabilities" shall include but not be limited to reserves required by statute or by regulations adopted by the commissioner in accordance with the provisions of chapter 54 or specific requirements imposed by the commissioner upon a subject Public Act No.
(11) "Insurance" means any agreement to pay a sum of money, provide services or any other thing of value on the happening of a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0082 of 19 R02-SB.docx } Substitute Bill No.
21-137 2 of 20 Substitute Senate Bill No.
841 particular event or contingency or to provide indemnity for loss in respect to a specified subject by specified perils in return for a consideration.
841 company at the time of admission or subsequent thereto.
(11) "Insurance" means any agreement to pay a sum of money, provide services or any other thing of value on the happening of a particular event or contingency or to provide indemnity for loss in respect to a specified subject by specified perils in return for a consideration.
(15) "Mutual insurer" means any insurer without capital stock, the managing directors or officers of which are elected by its members.
(15) "Mutual insurer" means any insurer without capital stock, the Public Act No.
21-137 3 of 20 Substitute Senate Bill No.
841 managing directors or officers of which are elected by its members.
(17) "Policy" means any document, including attached endorsements LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0083 of 19 R02-SB.docx } Substitute Bill No.
(17) "Policy" means any document, including attached endorsements and riders, purporting to be an enforceable contract, which memorializes in writing some or all of the terms of an insurance contract.
841 and riders, purporting to be an enforceable contract, which memorializes in writing some or all of the terms of an insurance contract.
or (2) Condition insurance rates, the provision or renewal of insurance coverage or benefit or other conditions of insurance for an individual on:
or Public Act No.
21-137 4 of 20 Substitute Senate Bill No.
841 (2) Condition insurance rates, the provision or renewal of insurance coverage or benefit or other conditions of insurance for an individual on:
or (B) The results of any genetic testing of a member of the individual's LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0084 of 19 R02-SB.docx } Substitute Bill No.
or (B) The results of any genetic testing of a member of the individual's family unless the results are contained in the individual's medical record.
841 family unless the results are contained in the individual's medical record.
(G) is a misrepresentation for the purpose of effecting a pledge or assignment of or effecting a loan against any insurance policy;
(G) is a misrepresentation for the purpose of effecting a pledge or assignment of Public Act No.
21-137 5 of 20 Substitute Senate Bill No.
841 or effecting a loan against any insurance policy;
Making, publishing, disseminating, circulating or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated or placed before thepublic, inanewspaper,magazine or other publication, or inthe formof a notice, circular, pamphlet, letter or poster,or over any radio or television station, or in any other way, an advertisement, announcement or statement containing any assertion, representation or LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0085 of 19 R02-SB.docx } Substitute Bill No.
Making, publishing, disseminating, circulating or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated or placed before thepublic, inanewspaper,magazine or other publication, or inthe formof a notice, circular, pamphlet, letter or poster,or over any radio or television station, or in any other way, an advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading.
841 statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading.
or making any false entry in any book, report or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom such insurer is required by law to report, or who has authority by law to examine into its condition or into any of its affairs, or, with like intent, wilfully omitting to make a true entry of any material fact pertaining to the business of such insurer in any book, report or statement of such insurer.
or making any false entry in any book, report or statement of any insurer with intent to Public Act No.
21-137 6 of 20 Substitute Senate Bill No.
841 deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom such insurer is required by law to report, or who has authority by law to examine into its condition or into any of its affairs, or, with like intent, wilfully omitting to make a true entry of any material fact pertaining to the business of such insurer in any book, report or statement of such insurer.
(B) failing to acknowledge and LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00846 of 19 R02-SB.docx } Substitute Bill No.
(B) failing to acknowledge and act with reasonable promptness upon communications with respect to claims arising under insurance policies;
841 act with reasonable promptness upon communications with respect to claims arising under insurance policies;
(K) making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration;
(K) making known to insureds or claimants a policy of appealing from arbitration awards in Public Act No.
21-137 7 of 20 Substitute Senate Bill No.
841 favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration;
(N) failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer ofa compromise settlement;(O)using as abasisfor cash settlement with afirstpartyautomobileinsuranceclaimantanamount whichislessthan LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0087 of 19 R02-SB.docx } Substitute Bill No.
(N) failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer ofa compromise settlement;(O)using as abasisfor cash settlement with afirstpartyautomobileinsuranceclaimantanamount whichislessthan the amount which the insurer would pay if repairs were made unless such amount is agreed to by the insured or provided for by the insurance policy.
841 the amount which the insurer would pay if repairs were made unless such amount is agreed to by the insured or provided for by the insurance policy.
None of the following practices shall be considered discrimination within the meaning of section 38a-446 or 38a-488 or a rebate within the meaning of section 38a- 825:
None of the following Public Act No.
21-137 8 of 20 Substitute Senate Bill No.
841 practices shall be considered discrimination within the meaning of section 38a-446 or 38a-488 or a rebate within the meaning of section 38a- 825:
(10) Notwithstanding any provision of any policy of insurance, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0088 of 19 R02-SB.docx } Substitute Bill No.
(10) Notwithstanding any provision of any policy of insurance, certificate or service contract, whenever such insurance policy or certificate or service contract provides for reimbursement for any services which may be legally performed by any practitioner of the healing arts licensed to practice in this state, reimbursement under such insurance policy, certificate or service contract shall not be denied because of race, color or creed nor shall any insurer make or permit any unfair discrimination against particular individuals or persons so licensed.
841 certificate or service contract, whenever such insurance policy or certificate or service contract provides for reimbursement for any services which may be legally performed by any practitioner of the healing arts licensed to practice in this state, reimbursement under such insurance policy, certificate or service contract shall not be denied because of race, color or creed nor shall any insurer make or permit any unfair discrimination against particular individuals or persons so licensed.
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(ii) unreasonably disapprove the insurance policy provided by a borrower for the protection of the property securing the credit or lien;
(ii) unreasonably disapprove the insurance policy provided by a borrower for the protection of the property securing the credit or Public Act No.
21-137 9 of 20 Substitute Senate Bill No.
841 lien;
(ii) For purposes of subparagraph (A)(ii) of this subdivision, such disapproval shall be deemed unreasonable if it is not based solely on reasonable standards uniformly applied, relating to the extent of coverage required LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-008419 of 19 R02-SB.docx } Substitute Bill No.
(ii) For purposes of subparagraph (A)(ii) of this subdivision, such disapproval shall be deemed unreasonable if it is not based solely on reasonable standards uniformly applied, relating to the extent of coverage required and the financial soundness and the services of an insurer.
841 and the financial soundness and the services of an insurer.
(12) Refusing to insure, refusing to continue to insure or limiting the amount, extent or kind of coverage available to an individual or charging an individual a different rate for the same coverage because of physical disability, mental or nervous condition as set forth in section 38a-488a or intellectual disability, except where the refusal, limitation or rate differential is based on sound actuarial principles or is related to actual or reasonably anticipated experience.
(12) Refusing to insure, refusing to continue to insure or limiting the amount, extent or kind of coverage available to an individual or Public Act No.
21-137 10 of 20 Substitute Senate Bill No.
841 charging an individual a different rate for the same coverage because of physical disability, mental or nervous condition as set forth in section 38a-488a or intellectual disability, except where the refusal, limitation or rate differential is based on sound actuarial principles or is related to actual or reasonably anticipated experience.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00810 of 19 R02-SB.docx } Substitute Bill No.
(14) Refusing to insure, refusing to continue to insure or limiting the amount, extent or kind of coverage available to an individual or charging an individual a different rate for the same coverage because of exposure to diethylstilbestrol through the female parent.
841 (14) Refusing to insure, refusing to continue to insure or limiting the amount, extent or kind of coverage available to an individual or charging an individual a different rate for the same coverage because of exposure to diethylstilbestrol through the female parent.
Any insurer, or any other entity responsible for providing payment to a health care provider pursuant to an insurance policy, who fails to pay such a claim or request within the time periods set forth in subparagraph (B) of this subdivision shall pay the claimant or health care provider the amount of such claim plus interest at the rate of fifteen per cent per annum, in addition to any other penalties which may be imposed pursuant to sections 38a-11, 38a-25, 38a-41 to 38a-53, inclusive, 38a-57 to 38a-60, inclusive, 38a-62 to 38a-64, inclusive, 38a-76, 38a-83, 38a-84, 38a-117 to 38a-124, inclusive, 38a-129 to 38a-140, inclusive, 38a-146 to 38a-155, inclusive, 38a-283, 38a-288 to 38a-290, inclusive, 38a-319,38a-320,38a-459,38a-464,38a-815to 38a-819, inclusive, 38a-824 to 38a-826, inclusive, and 38a-828 to 38a-830, inclusive.
Any insurer, or any other entity Public Act No.
21-137 11 of 20 Substitute Senate Bill No.
841 responsible for providing payment to a health care provider pursuant to an insurance policy, who fails to pay such a claim or request within the time periods set forth in subparagraph (B) of this subdivision shall pay the claimant or health care provider the amount of such claim plus interest at the rate of fifteen per cent per annum, in addition to any other penalties which may be imposed pursuant to sections 38a-11, 38a-25, 38a-41 to 38a-53, inclusive, 38a-57 to 38a-60, inclusive, 38a-62 to 38a-64, inclusive, 38a-76, 38a-83, 38a-84, 38a-117 to 38a-124, inclusive, 38a-129 to 38a-140, inclusive, 38a-146 to 38a-155, inclusive, 38a-283, 38a-288 to 38a-290, inclusive, 38a-319,38a-320,38a-459,38a-464,38a-815to 38a-819, inclusive, 38a-824 to 38a-826, inclusive, and 38a-828 to 38a-830, inclusive.
(i) For claims filed in paper format, sixty days after receipt by the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-008411 of 19 R02-SB.docx } Substitute Bill No.
(i) For claims filed in paper format, sixty days after receipt by the insurer of the claimant's proof of loss form or the health care provider's request for payment filed in accordance with the insurer's practices or procedures, except that when there is a deficiency in the information needed for processing a claim, as determined in accordance with section 38a-477, the insurer shall (I) send written notice to the claimant or health care provider, as the case may be, of all alleged deficiencies in information needed for processing a claim not later than thirty days after the insurer receives a claim for payment or reimbursement under the contract, and (II) pay claims for payment or reimbursement under the contract not later than thirty days after the insurer receives the Public Act No.
841 insurer of the claimant's proof of loss form or the health care provider's request for payment filed in accordance with the insurer's practices or procedures, except that when there is a deficiency in the information needed for processing a claim, as determined in accordance with section 38a-477, the insurer shall (I) send written notice to the claimant or health care provider, as the case may be, of all alleged deficiencies in information needed for processing a claim not later than thirty days after the insurer receives a claim for payment or reimbursement under the contract, and (II) pay claims for payment or reimbursement under the contract not later than thirty days after the insurer receives the information requested;
21-137 12 of 20 Substitute Senate Bill No.
841 information requested;
(16) Failure to pay, as part of any claim for a damaged motor vehicle under any automobile insurance policy where the vehicle has been declared to be a constructive total loss, an amount equal to the sum of (A) the settlement amount on such vehicle plus, whenever the insurer takes title to such vehicle, (B) an amount determined by multiplying such settlement amount by a percentage equivalent to the current sales LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00812 of 19 R02-SB.docx } Substitute Bill No.
(16) Failure to pay, as part of any claim for a damaged motor vehicle under any automobile insurance policy where the vehicle has been declared to be a constructive total loss, an amount equal to the sum of (A) the settlement amount on such vehicle plus, whenever the insurer takes title to such vehicle, (B) an amount determined by multiplying such settlement amount by a percentage equivalent to the current sales tax rate established in section 12-408.
841 tax rate established in section 12-408.
(A) Failure to include all statements required in subsections (c) and (f) of section 42-260 in an issued extended warranty;
(A) Failure to include all statements required in subsections Public Act No.
21-137 13 of 20 Substitute Senate Bill No.
841 (c) and (f) of section 42-260 in an issued extended warranty;
Genetic information indicating a predisposition to a disease or condition shall not be deemed a preexisting condition in the absence ofa diagnosis ofsuchdisease or conditionthat isbasedon other LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0013 of 19 R02-SB.docx } Substitute Bill No.
Genetic information indicating a predisposition to a disease or condition shall not be deemed a preexisting condition in the absence ofa diagnosis ofsuchdisease or conditionthat isbasedon other medical information.
841 medical information.
An insurance company, hospital service corporation, health care center or fraternal benefit society providing individual health coverage of the types specified in subdivisions (1), (2), (3), (4), (6), (9), (10), (11) and (12) of section 38a-469, shall not be prohibited from refusing to insure or applying a preexisting condition Public Act No.
An insurance company, hospital service corporation, health care center or fraternal benefit society providing individual health coverage of the types specified in subdivisions (1), (2), (3), (4), (6), (9), (10), (11) and (12) of section 38a-469, shall not be prohibited from refusing to insure or applying a preexisting condition limitation,to theextentpermittedby law, to anindividual who has been diagnosed with a disease or condition based on medical information other than genetic information and has exhibited symptoms of such disease or condition.
21-137 14 of 20 Substitute Senate Bill No.
841 limitation,to theextentpermittedby law,to anindividual who has been diagnosed with a disease or condition based on medical information other than genetic information and has exhibited symptoms of such disease or condition.
(i) At least ten days before the effective date of such cancellation for LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0014 of 19 R02-SB.docx } Substitute Bill No.
(i) At least ten days before the effective date of such cancellation for nonpayment of premium disclosing:
841 nonpayment of premium disclosing:
(II) That the named insured may avoid such cancellation and continue coverage under suchpolicy by paying,beforetheeffective date of such cancellation, such unpaid premium;
Public Act No.
21-137 15 of 20 Substitute Senate Bill No.
841 (II) That the named insured may avoid such cancellation and continue coverage under suchpolicy by paying,beforetheeffective date of such cancellation, such unpaid premium;
or LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0015 of 19 R02-SB.docx } Substitute Bill No.
or (ii) At least thirty days before the effective date of such cancellation for fraud or misrepresentation of any material fact made by the named Public Act No.
841 (ii) At least thirty days before the effective date of such cancellation for fraud or misrepresentation of any material fact made by the named insured in obtaining coverage under such policy that, if discovered by such insurer, wouldhave causedsuch insurer not to issueor renewsuch policy, as applicable, or any physical change in the covered property that materially increases a hazard insured against under such policy disclosing:
21-137 16 of 20 Substitute Senate Bill No.
841 insured in obtaining coverage under such policy that, if discovered by such insurer, wouldhave causedsuch insurer not to issueor renewsuch policy, as applicable, or any physical change in the covered property that materially increases a hazard insured against under such policy disclosing:
(b) No notice of cancellation is required under subsection (a) of this section if the homeowners insurance policy is transferred from the insurer to an affiliate of such insurer for another policy with no interruptionof coverage and the same terms, conditions and provisions, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0016 of 19 R02-SB.docx } Substitute Bill No.
(b) No notice of cancellation is required under subsection (a) of this section if the homeowners insurance policy is transferred from the insurer to an affiliate of such insurer for another policy with no interruptionof coverage and the same terms, conditions and provisions, Public Act No.
21-137 17 of 20 Substitute Senate Bill No.
(5) "Indebtedness" means the total amount payable by a debtor to a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-008417 of 19 R02-SB.docx } Substitute Bill No.
Public Act No.
841 creditor in connection with a loan or other credit transaction;
21-137 18 of 20 Substitute Senate Bill No.
841 (5) "Indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction;
Subsection (e) of section 38a-702e of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
Subsection (e) of section 38a-702e of the general statutes is repealed andthefollowing issubstituted inlieu thereof(EffectiveOctober Public Act No.
(e) Each applicant for an insurance producer license shall, before LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0018 of 19 R02-SB.docx } Substitute Bill No.
21-137 19 of 20 Substitute Senate Bill No.
841 being admitted to an examination under subsection (a) of this section, prove to the satisfaction of the commissioner that such applicant meets one of the following prerequisites:
841 1, 2021):
(e) Each applicant for an insurance producer license shall, before being admitted to an examination under subsection (a) of this section, prove to the satisfaction of the commissioner that such applicant meets one of the following prerequisites:
This act shall take effect as follows and shall amend the following sections:
Approved July 7, 2021 Public Act No.
Section 1 October 1, 2021 38a-1 Sec.
21-137 20 of 20
2 October 1, 2021 New section October 1, 2021 Sec.
3 38a-816 Sec.
4 July 1, 2021 New section Sec.
5 October 1, 2021 38a-646 Sec.
6 October 1, 2021 38a-651(b) Sec.
7 October 1, 2021 38a-702e(e) INS Joint Favorable Subst.
-LCO JUD Joint Favorable LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00841- 19 of 19 R02-SB.docx }
View plain text versions (5)

How this bill changes current law

3 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill updates the definitions and regulations related to insurance in Connecticut, including new protections regarding the use of genetic testing information.

  • Section 38a-1

    Section 38a-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021): → Terms used in this title and sections 2 and 4 of this act, unless it appears from the context to the contrary, shall have a scope and meaning as set forth in this section.

    This change repeals the old definition section and enacts a new one for clarity in understanding the terms related to insurance.

  • Section 38a-816

    The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: → The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance:

    This change updates the statute's language while maintaining the definitions of unfair practices in insurance.

  • No insurer, health care center or fraternal benefit society doing business in this state shall...

    This addition establishes new prohibitions on the use of genetic testing information without consent in relation to insurance policies.

Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-137

  5. IN CONCURRENCE

  6. HOUSE PASSED

  7. HOUSE CALENDAR NUMBER 518

  8. FAV. RPT., TABLED FOR HOUSE CALENDAR

  9. ON CONSENT CALENDAR

  10. SENATE PASSED

  11. FAV. RPT., TAB. FOR CAL., SEN.

  12. NO NEW FILE BY COMM. ON Judiciary

  13. RPTD. OUT OF LCO

  14. FILED WITH LCO

  15. Joint Favorable

  16. REF. BY SEN. TO COMM. ON Judiciary

  17. FILE NO. 356

  18. SENATE CALENDAR NUMBER 228

  19. FAV. RPT., TAB. FOR CAL., SEN.

  20. RPTD. OUT OF LCO

  21. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/07/21

  22. FILED WITH LCO

  23. Joint Favorable

  24. PUBLIC HEARING 0211

  25. REF. TO JOINT COMM. ON Insurance and Real Estate

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 185 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (185)

185 members have not signed on to this bill.

Show all 185 →

"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.

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Subjects

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Frequently asked questions

Who sponsors SB 841?
SB 841 is sponsored by Tom Delnicki (Republican) and Gucker, Kenneth M.
What is the current status of SB 841?
This bill has been enacted into law. Introduced February 04, 2021. Enacted.
Where can I track SB 841?
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