AB 60 — Revises provisions governing the initial issuance and reinstatement of certain licenses relating to vehicles. (BDR 43-221)
Last action — Approved by the Governor. Chapter 177.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 17, 2016. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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
742 added · 805 removed742 line(s) added, 805 removed.
REQUIRESAssembly TWO-THIRDSBill MAJORITYNo. VOTE (§§ 1, 4-12) (Reprinted with amendments adopted on April 11, 2017) FIRST REPRINT A.B.
6060–Committee Aon SSEMBLYTransportation BCHAPTER.......... ILLN O.
60–COMMITTEE ON TRANSPORTATION (O N BEHALF OF THE DEPARTMENT OF M OTOR VEHICLES ) PREFILED N OVEMBER 17, 2016 ____________ Referred to Committee on Transportation SUMMARY—Revises provisions governing the initial issuance and reinstatement of certain licenses relating to vehicles.
(BDR 43-221) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(2) motor dealer;vehicle manufacturer;
(3) motor vehicle distributor;
(4) new and used vehicle dealer;
(NRS 482.3161, 482.322, 482.333, 487.050, 487.410, 487.610) Registration with the Department is required under existing law provides for athe personrenewal whoof wishesall tosuch operatelicenses aand garage.registration.
(NRS 487.560)482.3163, Existing482.325, law482.333, also487.070, provides487.430, 487.565, 487.630) Sections 1, 4, 5, 8 and 10-12 of this bill establish a late fee of $25 for the renewalreinstatement of all such licenses and registration.registration if the license or registration, as applicable, is allowed to expire before renewal.
(NRSSection 482.3163,2 10-12 of this bill establishestablishes certain requirements for a latevehicle feetransporter ofwho $25electronically submits the statement required for licensure regarding child support to retain the reinstatementoriginal version of such licensesa andstatement registrationfor if3 years afteUnder existing law, the licenseDepartment orrequires registration,a person applying for initial licensure to operate as applicable,a isvehicle allowedtransporter, a motor vehicle manufacturer, distributor, dealer or rebuilder, a broker of vehicles or a salesperson of vehicles, trailers or semitrailers to expiresubmit beforea renewal.complete set of fingerprints for submission to the Federal Bureau of Investigation for its report.
Section(NRS 2482.3163, of482.325, this482.333, bill482.362) establishesThe certainDepartment requirementsalso forrequires a vehicleperson -applying *AB60_R1* – 2 – transporter who electronically submits the statement required for initial licensure regarding child support to retainoperate theas originala versionvehicle oftransporter, such a statementmotor forvehicle 3manufacturer, yearsdistributor, afterdealer submission.or the fingerprints.
(NRS 482.31632)482.3163, Under482.325) existingSections law,5 theand Department6 requiresof athis bill require ar person applying for initial licensure to operate as a vehicle transporter, a motor vehicle manufacturer, distributor, dealer or rebuilder, a broker of vehicles or a salesperson of vehicles, trailers or semitrailers to submit a complete set of fingerprints for submission to the 482.362) The Department also requires a person applying for initial licensure to operate as a vehicle transporter, a motor vehicle manufacturer, distributor, dealer or rebuilder, to pay a processing fee established by the Department inby regulation for processing the fingerprints.
(NRS 482.3163, 482.325) Sections 5 and 6 of this bill require a person applying for initial licensure to operate as a broker of vehicles or a salesperson of vehicles, trailers or semitrailers to pay a fee established by the Department by regulation for processing the fingerprints.
(NRS 490.210) Sections 7, 9 and 12 of this bill require a salvageperson poolapplying orfor ainitial bodylicensure shop to submitoperate aas completean setautomobile of fingerprints fore wrecker, submissiona tosalvage thepool Federalor Bureaua ofbody Investigationshop forto itssubmit reporta andcomplete toset payof afingerprints feefor established by the Department by regulation for processing the fingerprints.
- 79th Session (2017) – 2 – Under existing law, an application for a license as a salesperson of vehicles, trailers or semitrailers may be denied, or such a license may be suspended or revoked, if the applicant or licensee has been convicted of:
and (2) for a misdemeanor for a violation of the provisions of existing law relating to such salespersons, within the immediately preceding 20 years.yeaExisting law requires a seller or long-term lessor of a vehicle to attach to a vehicle he or she has sold or leases a temporary placard which authorizes the operation of such a vehicle on the highways of this State for a period not to exceed days.
Existing(NRS law482.423-482.4245) requiresThe atemporary sellerplacard ormust long-termbe lessorremoved ofwhen athe vehicle tois attachregistered toand alicense vehicleplates heare oraffixed. she has sold or leases a temporary placard which authorizes the 30 days.
(NRSExisting 482.423-482.4245)law Therequires temporary placard must be removed when to exceed the vehiclelong-term islessor registeredof andvehicles. license plates are affixed.
Existing(NRS law482.4247) requiresSection the14 Departmentof tothis collectbill arepeals feether requirement for eachthe suchcollection temporaryof placardsuch issued to a sellerfee. or long-term lessor of vehicles.
(NRS 482.4247) Section 14 of this bill repeals the requirement for the collection of such a fee.
(NRS 482.31776) THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
An additional fee - *AB60_R1* – 3 – for the processing of fingerprints must be submitted for each applicant for initial licensure.
(a) A complete set of his or her fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History - 79th Session (2017) – 3 – for submission to the Federal Bureau of Investigation for its report;
4.applicant is entitled thereto, the Department shall issue to thethe applicant a license as a vehicle transporter.
Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license as a vehicle transporter.
[An] Except as otherwise provided in subsection 5, an applicant for the issuance or renewal of a license as a vehicle transporter shall submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to - *AB60_R1* – 4 – NRS 425.520.
or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by - 79th Session (2017) – 4 – the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcingenforcingan the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(1) Commingle the money in the trust account with any other money that is not on deposit or otherwise maintained toward the purchase of the vehicle subject to the consignment contract orore agreement;
or - *AB60_R1* – 5 – (2) Use any money in the trust account to pay his or her operational expenses for any purpose that is not related to the consignment contract or agreement.
9 IMPORTANT NOTICE TO VEHICLE OWNERS State law (NRS 482.31776) requires that the operator of this business file a Uniform Commercial Code 1 (UCC1) form - 79th Session (2017) – 5 – with the Office of the Secretary of State on your behalf to protect your vehicle from forfeiture in the event that thed to operator of this business fails to meet his or her financial obligations to a third party holding a security interest in yourhis vehicle.or her inventory.
The form is required to protect your vehicle from forfeiture in the event that the operator of this business fails to meet his or her financial obligations to a third party holding a security interest in his or her inventory.
Show all 126 changed lines (86 more)
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- *AB60_R1* – 6 – (1) Filed the financing statement with the Secretary of State;
and (2) If applicable, assisted the consignor in sending an authenticated notification to each holder of a conflicting security interest.int2.estUpon the sale or transfer of interest in the vehicle, the consignee shall forthwith:
2.
Upon the sale or transfer of interest in the vehicle, the consignee shall forthwith:
and - 79th Session (2017) – 6 – (b) Satisfy the financial obligations due the consignor pursuant to the consignment contract.
Upon the receipt of money by delivery of cash, bank check or draft, or any other form of legal monetary exchange, or after any form of transfer of interest in a vehicle, the consignee shall notify the consignor that the money has been received or that a transfer ofofy interest in the vehicle has occurred.
Notwithstanding any provision of NRS 482.423 to [482.4247,] 482.4245, inclusive, to the contrary, a vehicle subject to a consignment contract may not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer in accordance with NRS 482.423 to [482.4247,] 482.4245, inclusive, by displaying a temporary placard to operate the vehicle unless the operation of the vehicle is authorized by the express written consent of 6.e cA vehicle subject to a consignment contract may not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer in accordance with NRS 482.320 by displaying a special plate unless the operation of the vehicle is authorized by the express written consent of the consignor.
6.7.
A vehicle subject to a consignment contract may not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer in accordance with NRS 482.320 by displaying a special plate unless the operation of the vehicle is authorized by the express written consent of the consignor.
- *AB60_R1* – 7 – 7.
- 79th Session (2017) – 7 – (e) The minimum agreed upon sales price for the vehicle;
(h)was Thepaid;e date that the money due the consignor and the lienholder was(i) paid;The name and address of the federally insured bank or savings and loan association in which the consignee opened the trust account required pursuant to subsection 1;
(i) The name and address of the federally insured bank or savings and loan association in which the consignee opened the trust account required pursuant to subsection 1;
An application for a manufacturer’s, distributor’s, dealer’s or rebuilder’s license must be filed upon forms supplied by the Department and include the social security number of the applicant.required to appear thereon.
The formsapplicant mustshall designatefurnish:mes are (a) Such proof as the personsDepartment whosemay namesdeem arenecessary requiredthat tothe appearapplicant thereon.is a manufacturer, distributor, dealer or rebuilder.
The applicant shall furnish:
(a) Such proof as the Department may deem necessary that the applicant is a manufacturer, distributor, dealer or rebuilder.
The fee must not exceed the sum of the amounts charged by the Central - *AB60_R1* – 8 – Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
- 79th Session (2017) – 8 – (e) If the applicant is a natural person, the statement required pursuant to NRS 482.319.
Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a dealer’s, manufacturer’s, distributor’s or rebuilder’s license containing the name of the licensee and the address of the licensee’s established place of business or the address of the main office of a manufacturer without an established place of business in this State.
(b) If the applicant is a natural person, the statement required pursuantpur(c) toThe NRSadditional 482.319;fee for processing fingerprints required in subsection 3, if applicable;
(c) The additional fee for processing fingerprints required in subsection 3, if applicable;
- *AB60_R1* – 9 – (a) An application, signed and verified by the applicant, stating that the applicant desires to be licensed as a broker, his or her residential address, his or her social security number and the address of his or her principal place of business .
[;] - 79th Session (2017) – 9 – (b) A statement as to whether any previous application of the applicant for a license as a vehicle dealer or broker has been denied or whether such a license has been suspended or revoked .
[;][;]n denied (c) Payment of a nonrefundable license fee of $125 .
If a licensee fails to renew his or her license before it expires on December 31, the license may be reinstated upon the payment to the Department of the annualannualay be renewal fee of $50 and a late fee of $25.
For the purpose of this paragraph, failure to comply with a directive of the Director advising the licensee of noncompliance with a provision of the motor vehicle laws of this State or a regulation of thetheision of Department, within 10 days after the receipt of the directive, is prima facie evidence of willful failure to comply with the directive.
- *AB60_R1* – 10 – (g) Failure or refusal to furnish and keep in force any bond.
- 79th Session (2017) – 10 – (h) Failure on the part of the licensee to maintain a fixed place of business in this State.
(i) Failure or refusal by the licensee to pay or otherwise discharge a final judgment against the licensee rendered and entered against the licensee, arising out of the misrepresentation of a vehicle, trailer or semitrailer, or out of a fraud committed in connection with the brokering of a vehicle, trailer or semitrailer.
The Department may use any information obtained the applicant or licensee for initial or continued licensure.bility of Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 482.333 to 482.334, inclusive, or to determine the suitability of thean applicant or a licensee for initialsuch or continued licensure.
Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 482.333 to 482.334, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.
A person shall not engage in the activity of a salesperson of vehicles, trailers or semitrailers, or act in the capacity of a salesperson as defined by this chapter, in the State of Nevada without first having received a license or temporary permit from the - *AB60_R1*79th Session (2017) – 11 – Department.
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesperson, his or heremployer.ence residence address, and the name and address of the applicant’s employer.(b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.
(b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.
The Department may issue a 60-day temporary permit to an applicant[fee.] whofees.o has submitted an application and paid the required [fee.]3. fees.
3.
- 79th Session (2017) – 12 – (c) Conviction of a class C, D or E felony within the immediately preceding 10 years.
- *AB60_R1* – 12 – (d)] within the immediately preceding 10 years.
(e) Conviction of a misdemeanor within the immediately preceding 20 years for violation of any of the provisions of this chapter.
If a licensed salesperson ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, the license to act as a salesperson is automatically suspended and the right to act as a salesperson thereupon immediately ceases, and the person shall not engage in the activity of a salesperson until he or she has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he or she has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salesperson’s license to the employer.
If a person who holds a temporary permit to act as a salesperson ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, the permit to act as a salesperson is automatically suspended, the right to act as a salesperson thereupon immediately ceases and the person shall not engage in the activity of - 79th Session (2017) – 13 – a salesperson until he or she has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he or she has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or 11.ew A licensed dealer, lessor or rebuilder who employs a newlicensed salesperson shall notify the Department of the termination of his or her employment within 10 days following the date of termination by forwarding the salesperson’s license to the employer.Department.
- *AB60_R1* – 13 – 11.
A licensed dealer, lessor or rebuilder who employs a licensed salesperson shall notify the Department of the termination of his or her employment within 10 days following the date of termination by forwarding the salesperson’s license to the Department.
The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
- 79th Session (2017) – 14 – (a) A license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
(1) Contains the information specified in paragraph (a);
andandaragraph -(a); *AB60_R1* – 14 – (3) Clearly identifies the holder of the card as a licensed automobile wrecker.
(3) Clearly identifies the holder of the card as a licensed automobile wrecker.
andand(c) (c) A late fee of $25.
- 79th Session (2017) – 15 – (a) Such proof as the Department requires that the applicant meets the statutory requirements to be an operator of a salvage pool.
The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
- *AB60_R1* – 15 – (c) For initial licensure, a complete set of fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
[A] Except as otherwise provided in subsection 5, a licensee may renew his or her license by submitting to the Department:Dep(a) A completed application for renewal upon a form supplied by the Department;
(a) A completed application for renewal upon a form supplied by the Department;
- 79th Session (2017) – 16 – Sec.
If the Department receives an application for registration that contains the information required by NRS 487.560, it shall issue to the applicant a certificate of registration for each garagename operatedof bythe applicant, the applicant.name under which the applicant’sain the business will be conducted, the address of the business and the registration number for the garage.
The certificate must contain the name of the applicant, the name under which the applicant’s business will be conducted, the address of the business and the registration number for the garage.
- *AB60_R1* – 16 – (a) An application for renewal on a form provided by the Department;
An application for a license to operate a body shop must be filed with the Department upon forms supplied by the Department.are required to appear thereon.The application must include the social security number of the applicant and must be accompanied by [such] :
The forms must designate the persons whose names are required to appear thereon.The application must include the social security number of the applicant and must be accompanied by [such] :
(c) For initial licensure, a complete set of fingerprints and written permission authorizing the Department to forward those - 79th Session (2017) – 17 – fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
2.or renewal of a license to operate a body shop.
The Department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop.
- *AB60_R1* – 17 – 4.
and (d)7.) TheTA feelicense that expires for renewalfailure ofto arenew licensebefore providedApril in30 subsectionmay 2.be reinstated upon submission to the Department of:
7.
A license that expires for failure to renew before April 30 may be reinstated upon submission to the Department of:
An application for a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer must be filed upon forms supplied by the Department and include the - 79th Session (2017) – 18 – social security number of the applicant.
(a) Such proof as the Department may deem necessary that the applicantlessor isor anmanufacturer.hway off-highway vehicle dealer, long-term or short-term lessor(b) orA manufacturer.fee of $125.
(b)(c) AUnless feethe applicant has previously met the requirements of $125.subsection 3 of NRS 482.3163, paragraphs (c) and (d) of subsection of NRS 482.325, [paragraph] paragraphs (d) and (e) of subsection 1 of NRS 482.333 or [paragraph] paragraphs (e) and (f) of subsection 1 of NRS 482.362:
(c) Unless the applicant has previously met the requirements of subsection 3 of NRS 482.3163, paragraphs (c) and (d) of subsection 1 of NRS 482.325, [paragraph] paragraphs (d) and (e) of subsection 1 of NRS 482.333 or [paragraph] paragraphs (e) and (f) of subsection 1 of NRS 482.362:
The fee must not exceed the sum of the amounts charged by the Central - *AB60_R1* – 18 – Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer containing the name of the licensee and the address of his or her established place of business or the address of the main office of a manufacturer without an established place of business in this State.
The renewal application required- 79th Session (2017) – 19 – must be provided by the Department.artmentDepartment and contain information Sec.required by the Department.
Sec.
TEXT~~~~~ OF17 REPEALED- SECTION79th 482.4247Session Temporary(2017) placards issued by Department;
fee;
disposition of proceeds.
1.
The Department shall collect a fee for each temporary placard issued by the Department to a seller or long-term lessor pursuant to NRS 482.423 to 482.4245, inclusive.
The fee may not exceed the cost to the Department of producing the temporary placard.
- *AB60_R1* – 19 – 2.
The fees collected pursuant to subsection 1 must be Fund and allocated to the Department to pay for the cost ofVehicle producing the temporary placards.
H - *AB60_R1*
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Action History
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Approved by the Governor. Chapter 177.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.
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Read second time.
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From committee: Do pass.
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Read first time. Referred to Committee on Transportation. To committee.
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In Senate.
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Read third time. Passed, as amended. Title approved. (Yeas: 38, Nays: 2, Excused: 2.) To Senate.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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From printer. To engrossment. Engrossed. First reprint .
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Read second time. Amended. (Amend. Nos. 35 and 207.) To printer.
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From committee: Amend, and do pass as amended.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Transportation. To printer.
Sponsors
- Transportation · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Transportation
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"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
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- AB 60 is sponsored by Transportation.
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- This bill has been enacted into law. Introduced November 17, 2016. Enacted.
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