Revises provisions relating to dispensing opticians. (BDR 54-659)
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AB 391 — Revises provisions relating to dispensing opticians. (BDR 54-659)
Last action — (No further action taken.)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
814 added · 775 removedPlain-language change summary
The amendment to Bill AB 391 introduces a requirement for a two-thirds majority vote for certain provisions, which is significant because it may make it more challenging to pass those parts of the bill. Additionally, the Governor is now required to appoint a replacement member if there's a vacancy on the board, which ensures that the board remains fully staffed and functional. Other changes clarify the qualifications for licensing and reorganize provisions related to the training and supervision of apprentice dispensing opticians. These adjustments aim to improve the regulation of the profession and ensure that practitioners meet consistent standards.
REQUIRES TWO-THIRDS MAJORITY VOTE (§ 9) (Reprinted with amendments adopted on MayApril 18,19, 2021) SECONDFIRST REPRINT A.B.
- *AB391_R2**AB391_R1* – 2 – of ophthalmic dispensing and requires the Governor to appoint members to theactice Board.
(1) authorizesrequires the Governor to appoint a replacement member if a vacancy occurs during a member’s term;
Section 13 of this bill revises the definition of “ophthalmic dispensing” to clarify that a licensee is not required to physically delSection 5 of this bill requires an applicant for a license to:
(1) submit an sheapplication possesseson thea qualificationsform requiredfurnished forby the typeBoard; of license for which he or she is applying.
and (2) provide evidence that he or she possesses the qualifications required for the type of license for which he or she is applying.
(NRS 637.125) Section 7 of this bill prescribes criteria for eligibility for a license as an apprentice dispensing optician.
Sections 7 and 22 of this bill reorganize certain provisions dispensingrelating optician.ticeto the practice of ophthalmic dispensing by a licensed apprentice Existing law provides that, in order to be eligible to hold a limited license as a dispensing optician,optician. a person must have held such a license on February 1, 2004.
Existing law provides that, in order to be eligible to hold a limited license as a dispensing optician, a person must have held such a license on February 1, 2004.
(NRS 637.121) Section 21 of this bill clarifies that, in order to be eligible for a limited license as a dispensing optician, a person must have held such- *AB391_R1* – 3 – date whose license expired at any time after that date is not eligible to hold a limited license sinceas Februarya 1,dispensing 2004.optician.
ASection person21 whoalso heldremoves suchcertain a license on that date whose license expired at any time after that date is not eligible to hold a - *AB391_R2* – 3 – requirements relating to a limited license as a dispensing optician, and section 8 of this bill instead requires the Board to adopt regulations governing such a license.
(2) removing certain requirements relating to examinations, coursework and training and instead requiring an applicant to satisfy criteria prescribed by regulations adopted by the Board pursuant to section 8;
andandy dispensing(3) optician.uiredrevising the required amount of time an applicant must serve as an apprentice Existing law requires the Board to issue a special license as a dispensing opticianoptician. to certain applicants who:
Existing law requires the Board to issue a special license as a dispensing optician to certain applicants who:
(1) is a graduate of a foreign school and has acquired certain education and experience in ophthalmic dispensing;
(2) holds an active license as a dispensing optician in the District of Columbia or any state or territory of the United States whose requirements for licensure are at least equivalent to the requirements fortesfor licensure in this State;
Existing law establishes maximum fees and charges relating to licenses issued by the Board, which the Board sets by regulation.
(NRS 637.110, 637.120, 637.121, amount637.123,Board, of637.140) theseSections fees21 and charges28 inremove asuch singlemaximum sectionfees offrom statute and maintainsection 9 of this bill instead requires the maximumBoard amountto ofestablish sucha schedule of fees and chargescharges, seteach forthof inwhich existingis lawsubject andto regulations.a maximum amount established in section 9.
Section 27 of this bill makes a conformingcExisting changelaw asestablishes various penalties the Board may impose against a resultperson ofwho thisengages reorganization.in certain activity without holding a license.
person who engages in certain activity without holding a license.
- *AB391_R2**AB391_R1* – 4 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
pIs a graduate of a foreign school and has acquired education and experience equivalent to or greater than the requirements for the issuance of a license to engage in ophthalmic dispensing in this State;
Has at least 5 years of work experience in the practice of ophthalmic dispensing from the District of Columbia or any state or territory of the United States that does not have requirements - *AB391_R2**AB391_R1* – 5 – for licensure equivalent to or greater than the requirements for the issuance of a license to engage in ophthalmic dispensing in this State.
(a) Authorizes the holder to practice ophthalmic dispensing in this State under the direct supervision of a licensed dispensing optician, licensed ophthalmologist or licensed optometrist.
The Board shall establish a schedule of fees and chargescharges. for the following items, which must not exceed the following amounts:
AnThe applicationfees for athe licensefollowing asitems amust dispensingnot opticianexceed and the examinationfollowing establishedamounts: by the Board pursuant to this chapter............................$500 An application for a license as an apprentice dispensing optician.....................................................$250 - *AB391_R2* – 6 – The renewal of a license as a dispensing optician .......................................................................$500 The renewal of a limited license as a dispensing optician .......................................................................$200 The renewal of a license as an apprentice dispensing optician.....................................................$200 The delinquency fee for a license as a dispensing optician.....................................................$500 The delinquency fee for a limited license as a dispensing optician.....................................................$500 The delinquency fee for a license as an apprentice dispensing optician...................................$100 Placing a license or limited license as a dispensing optician on inactive status .......................$300 The reactivation of a license that has been placed on inactive status.............................................$300 The reactivation of a limited license that has been placed on inactive status....................................$200 Sec.
An examination established by the Board pursuant to this chapter .............................................$500 An application for a license as a dispensing optician .......................................................................$500 An application for a license as an apprentice dispensing optician.....................................................$250 - *AB391_R1* – 6 – The renewal of a license as a dispensing optician .......................................................................$500 The renewal of a limited license as a dispensing optician .......................................................................$200 The renewal of a license as an apprentice dispensing optician.....................................................$200 The delinquency fee for a license as a dispensing optician.....................................................$500 The delinquency fee for a limited license as a dispensing optician.....................................................$500 The delinquency fee for a license as an apprentice dispensing optician...................................$100 Placing a license or limited license as a dispensing optician on inactive status .......................$300 The reactivation of a license that has been placed on inactive status.............................................$300 Sec.
637.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 637.021 to 637.024, - *AB391_R2* – 7 – inclusive, and section 3 of this act have the meanings ascribed to them in those sections.
- *AB391_R1* – 7 – Sec.
(DeletedNRS by637.022 amendment.)is Sec.hereby amended to read as follows:
637.022 1.
“Ophthalmic dispensing” means [the] :
(a) The design [, verification] of lenses, frames and other specially fabricated optical devices upon prescription;
(b) The inspection of such lenses, frames and devices;
and [delivery] (c) The final, written authorization to deliver such lenses, frames and devices to the intended wearer [of lenses, frames and other specially fabricated optical devices] upon prescription.
2.
The term includes:
(a) The taking of measurements to determine the size, shape and specifications of the lenses, frames or contact lenses;
(b) The making of recommendations regarding lens material and other design features based upon the prescription of the intended lens wearer;
(c) The preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabricating eyewear [;] , including, without limitation, the preparation and delivery of electronic work orders by verifying prescription information entered into a computer or other online system;
Show all 88 changed lines (48 more)
[(c)] (d) The [verification] physical final inspection of the quality of finished ophthalmic products [;] delivered within this State;
[(d)] (e) The adjustment of lenses or frames to the intended wearer’s face or eyes;
[(e)] (f) The adjustment, replacement, repair and reproduction of previously prepared ophthalmic lenses, frames or other specially fabricated ophthalmic devices;
and [(f)] (g) The fitting of contact lenses and the dispensing of prepackaged contact lenses pursuant to a written prescription .
[, when done by a dispensing optician or apprentice dispensing optician who is authorized to do so pursuant to the provisions of this chapter.] 3.
The term does not include any act for which a license is required pursuant to chapter 630 or 636 of NRS, and the provisions of this chapter do not authorize a dispensing optician or apprentice dispensing optician to perform any such act.
Sec.
- *AB391_R1* – 8 – (a) Four members who have actively engaged in the practice of ophthalmic dispensing for not less than 3 years in the State of Nevada immediately preceding the appointment.
If a vacancy occurs during a member’s term, the Governor mayshall appoint a person qualified under this section to replace the member for the remainder of the unexpired term.
- *AB391_R2* – 8 – Sec.
The - *AB391_R1* – 9 – time and place of all such meetings must be determined by the Board.] ;
- *AB391_R2* – 9 – Sec.
(a) ReviewExamine and evaluatepass applicationsupon for the licensingqualifications of dispensingapplicants opticiansfor andlicensure; apprentice dispensing opticians;
and - *AB391_R1* – 10 – (g) Transact any other business necessary to carry out the provisions of this chapter.
- *AB391_R2* – 10 – [(a)] 1.
Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other - *AB391_R1* – 11 – information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.
[(d) Has] (c) ExceptHave as otherwise provided in section 6 of this act, have passed [the] any examination [of] or obtained any certificate required by regulations adopted by the [American] Board [of Opticianry.
- *AB391_R2* – 11 – (1) [Served] Successfully completed an educational program on the theory of ophthalmic dispensing approved by the Board and served as an apprentice dispensing optician for not less than [3] 2 years in [an optical establishment where prescriptions for spectacles or contact lenses from given formulae are fitted and filled under the direct supervision of a licensed dispensing optician, licensed ophthalmologist or licensed optometrist for the purpose of acquiring experience in ophthalmic dispensing and has passed an educational program on the theory of ophthalmic dispensing approved] accordance with regulations adopted by the Board [;] pursuant to section 8 of this act;
or (2) [Successfully completed a course of study in a school which offers a] Been awarded an associate’s degree [of associate] in applied science for studies in ophthalmic dispensing by a school which is approved by the Board and [has had 1 year of ophthalmic - *AB391_R1* – 12 – experience] served as an apprentice dispensing optician [under the direct supervision of a licensed dispensing optician, licensed ophthalmologist or licensed optometrist.
- *AB391_R2* – 12 – Sec.
- *AB391_R1* – 13 – (a) Except as otherwise provided in this section, is subject to the provisions of this chapter in the same manner as a person practicing ophthalmic dispensing pursuant to a license issued pursuant to NRS 637.120, including, without limitation, the provisions of this chapter governing the renewal or reactivation of a license;
and - *AB391_R2* – 13 – (c) Payment of the renewal fee set by the Board pursuant to subsection 4.
- *AB391_R1* – 14 – 8.
- *AB391_R2* – 14 – [5.
- *AB391_R1* – 15 – Sec.
- *AB391_R2* – 15 – 6.
- *AB391_R1* – 16 – [(e) Has advertised] (b) Advertising in any manner which would tend to deceive, defraud or mislead the public;
or - *AB391_R2* – 16 – (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160, the [Board may, in the case of an applicant, refuse to grant the applicant a license, or may, in the case of a holder of a license, place the holder on probation, reprimand the holder publicly, require the holder to pay an administrative fine of not more than $10,000, suspend or revoke the holder’s license, or take any combination of these disciplinary actions.
- *AB391_R1* – 17 – 4.
If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling - *AB391_R2* – 17 – compliance with the subpoena, and upon failure to obey the order the person must be dealt with as for contempt of court.
- *AB391_R1* – 18 – 2.
Assess against the person an administrative fine of not more than $10,000.$10,000 [.] for each separate violation.
(a) The person violates] is violating any provision of NRS 637.125 or any regulation adopted by the Board to carry out the provisions of that section [;] , or [(b) The person employs] employing a [dispensing optician, apprentice dispensing optician or other person and the dispensing optician, apprentice dispensing optician or other person,] licensee who, in the course of his or her employment or apprenticeship, - *AB391_R2* – 18 – violates any provision of NRS 637.125 or any regulation adopted by the Board to carry out the provisions of that section [.
- *AB391_R1* – 19 – 2.
for each separate violation.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, - *AB391_R2* – 19 – 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, - *AB391_R1* – 20 – 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, - *AB391_R2* – 20 – 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, - *AB391_R1* – 21 – 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 10 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
and - *AB391_R2* – 21 – (2) Is not available in an electronic format;
- *AB391_R1* – 22 – 5.
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
prepared or would prefer to provide the copy in a different (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
NRS 637.010, 637.040, 637.041, 637.073, 637.075, 637.110, 637.115, 637.120, 637.123, 637.127, 637.135, 637.140, 637.155, 637.170 and 637.175 are hereby repealed.repealed.135, 637.140, Sec.
Sec.
637.075 Fiscal year.
- *AB391_R2* – 22 – 637.115 Board to maintain public records concerning applicants.
637.140- *AB391_R1* – 23 – 637.135 Dispensing optician:
Expiration,Continuing renewaleducation. and reinstatement of license;
reinstatement of license;
H - *AB391_R2**AB391_R1*
Show all 88 changed rows (48 more)
View plain text versions (3)
- Reprint 1 View text pdf
- Reprint 2 View text Current pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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(No further action taken.)
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In Assembly.
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Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.
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Taken from General File. Placed on General File for next legislative day.
-
From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 627.) To printer.
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In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.
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From printer. To engrossment. Engrossed. First reprint. To Senate.
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Read third time. Passed, as amended. Title approved, as amended. (Yeas: 33, Nays: 9.) To printer.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 366.) Dispensed with reprinting.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Natha C. Anderson · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Anderson, Natha C. Democratic
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
Frequently asked questions
- Who sponsors AB 391?
- AB 391 is sponsored by Anderson, Natha C. (Democratic).
- What is the current status of AB 391?
- This bill died with 2021 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 391?
- Track AB 391 free on One Click Politics — get push/email alerts when it moves.
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