AB 109 — Establishes provisions relating to soil health. (BDR 49-571)
Last action — (No further action taken.)
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✓Introduced
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2In 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 2023 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
1193 added · 1176 removed1193 line(s) added, 1176 removed.
EXEMPT (Reprinted with amendments adopted on April 11, 2023) FIRST REPRINT A.B.
109–A SSEMBLYMEN LAL RUEA HATCHR ,UE OH RENTLICHERATCH , PETERSORENTLICHER , P ETERS, T HOMAS , W ATTS;ATTS ;
ANDERSONA NDERSON , GONZÁLEZ , GORELOW AND GSUMMERS ONZÁLEZ-A PREFILEDRMSTRONG P REFILED FEBRUARY 3, 2023 ____________ Referred to Committee on Natural Resources SUMMARY—Establishes provisions relating to soil health.
makingrequiring the Conservation Districts Program in the State Department of Conservation and Natural Resources to provide staff services relating to the Healthy Soils Initiative;making an appropriation to the Conservation Districts Program to provide staff services to the State Conservation Commission for administering the Healthy Soils Initiative;
Existing law establishes the State Conservation Commission and authorizes the establishment of conservation districts to facilitate the conservation, protection and controlled development of the renewable natural resources of this State, which includes soil.
(Chapter 548 of NRS) Section 6 of this bill establishes the Soil Health Advisory Board within the Commission to advise the Commission on the Healthy Soils Initiative.
Section 7 of this bill creates the Healthy Soils Initiative within the Commission, which must:
(1) encourage the adoption of soil health practices by - *AB109_R1* – 2 – agricultural producers;
-Commission *AB109*determines –is 2appropriate. – (2) a soil health monitoring and inventory platform;
and (3) any other program the Commission determines is appropriate.
Section 8 also provides that, if the Commission establishes a grant program, the Commission must adopt certain regulations relating to the grant program.
the Commission must adopt certain regulations relating to the grant Section 9 of this bill establishes the Fund for Soil Health in the State Treasury and requires the Commission to administer the Fund.
Sections 10 and 57 of this bill provide that, with certain exceptions, any information in the records and files of the Commission regarding the identity of an agricultural producer or program participant and the practices of an agricultural proSectionproducer 11or ofprogram thisparticipant billis authorizesconfidential. the Commission to adopt regulations to carry out the provisions of sections 2-11 of this bill.
SectionsSection 2-510.5 of this bill definerequires certainthe termsConservation relatingDistricts Program in the State Department of Conservation and Natural Resources to provide staff services to the Commission to carry out the provisions of sections 2-11.2-11 of this bill.
SectionsSection 12-5611 and 58 of this bill makeauthorizes conformingthe changesCommission to existingadopt referencesregulations to incorporatecarry theoutSections provisions2-5 relating to the Commission into the Nevada RevSection 59 of this bill makesdefine ancertain appropriationterms relating to the Commissionprovisions for administering the Healthy Soils Initiative and for the salary of ansections employee2-11. to assist the Commission in administering the Healthy Soils Initiative.
Sections 12-56 and 58 of this bill make conforming changes to existing references to incorporate the provisions relating to the Commission into the Nevada Revised Statutes.
Section 59 of this bill makes an appropriation to the Conservation Districts Soils Initiative and for the salary of an employee to assist the Commission inthy administering the Healthy Soils Initiative.
- *AB109_R1* – 3 – Sec.
(2) One representative from the Division of Environmental Protection of the State Department of Conservation and Natural - *AB109* – 3 – Resources appointed by the Administrator of the Division of Environmental Protection;
- *AB109_R1* – 4 – 5.
and - *AB109* – 4 – (b) The per diem allowance and travel expenses provided for state officers and employees generally.
(d) Facilitate stakeholder collaboration to advance the understanding of the science of soil health and the - *AB109_R1* – 5 – implementation of soil health practices, which may include, without limitation, collaboration between the government, Indian tribes, academic and research institutions, nonprofit organizations and private entities;
(e) Collaborate with agricultural producers, groups of agricultural producers, agricultural producer cooperatives, conservation districts, water conservancy districts, academic and - *AB109* – 5 – research institutions, the government, Indian tribes and any other entity;
- *AB109_R1* – 6 – (b) Require any grant recipient who does not have sufficient expertise in soil health practices or project management to work with a technical assistance agency or organization;
and - *AB109* – 6 – (2) Disclose information relating to the soil health activity or project;
10.5.
The Conservation Districts Program in the State Department of Conservation and Natural Resources shall provide - *AB109_R1* – 7 – staff services to the Commission for carrying out the provisions of sections 2 to 11, inclusive, of this act.
Sec.
548.015 As used in [this chapter,] NRS 548.010 to 548.550, inclusive, unless the context otherwise requires, the [following] - *AB109* – 7 – words and terms [have the meanings attributed to them] defined in NRS 548.020 to 548.090, inclusive, [unless the context otherwise requires.] have the meanings ascribed to them in those sections.
- *AB109_R1* – 8 – 1.
To offer such assistance as may be appropriate to the supervisors of conservation districts in the carrying out of any of their powers and programs, to propose programs and to assist and guide districts in the preparation and carrying out of programs authorized under [this chapter,] the provisions of NRS 548.010 to 548.550, inclusive, to review district programs, to coordinate the programs of the districts and resolve any conflicts in such programs, and to facilitate, promote, assist, harmonize, coordinate and guide - *AB109* – 8 – the programs and activities of districts as they relate to other special- purpose districts, counties and other public agencies.
To cooperate with and give such assistance as may be requested by cities, counties, irrigation districts, and other special- purpose districts in the State of Nevada for the purpose of cooperating with the United States through the Secretary of Agriculture in the furtherance of conservation, pursuant to the - *AB109_R1* – 9 – provisions of the Watershed Protection and Flood Prevention Act, 16 U.S.C.
Pursuant to procedures developed mutually by the Commission and federal, state and local agencies that are authorized to plan or administer activities significantly affecting the conservation and use of renewable natural resources, to receive from those agencies, for review and comment, suitable descriptions of their plans, programs and activities for purposes of coordination with the conservation districts’ programs and to arrange for and participate in conferences necessary to avoid conflict among the - *AB109* – 9 – plans and programs, to call attention to omissions and to avoid duplication of effort.
To apply for any available grants and to accept and use any grants, gifts or donations to make available grants of money to - *AB109_R1* – 10 – qualified conservation districts to aid the districts in carrying out the provisions of [this chapter.] NRS 548.010 to 548.550, inclusive.
- *AB109* – 10 – (b) The Commission may distribute grants of money provided by sources other than legislative appropriation in such amounts and subject to such conditions as the Commission determines appropriate to any conservation district which the Commission determines qualifies for a grant.
- *AB109_R1* – 11 – Sec.
- *AB109* – 11 – (d) All questions relevant to such inquiries.
(f) The relation of the proposed area to existing watersheds and agricultural regions, and to other conservation districts already - *AB109_R1* – 12 – organized or proposed for organization under the provisions of [this chapter.] NRS 548.010 to 548.550, inclusive.
After the Commission has made and recorded a determination that there is need, in the interest of the public health, - *AB109* – 12 – safety and welfare, for the organization of a district in a particular territory and has determined the township or townships to be included, the Commission shall consider the question whether the operation of a district within such territory with the powers conferred upon conservation districts in [this chapter] NRS 548.010 to 548.550, inclusive, is administratively practicable and feasible.
- *AB109_R1* – 13 – (c) Issue appropriate regulations governing the conduct of such hearings and referendum, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum.
Show all 72 changed lines (32 more)
- *AB109* – 13 – 2.
548.220 After 6 months shall have expired from the date of entry of a determination by the Commission that operation of a proposed district is not administratively practicable and feasible, and - *AB109_R1* – 14 – denial of a petition pursuant to such determination, subsequent petitions may be filed and action taken thereon in accordance with the provisions of [this chapter.] NRS 548.010 to 548.550, inclusive.
(b) That the application is being filed in order to complete the organization of the district as a governmental subdivision and a - *AB109* – 14 – public body, corporate and politic, under [this chapter.] the provisions of NRS 548.010 to 548.550, inclusive.
- *AB109_R1* – 15 – 4.
Upon receipt of a new name, free of such defects, the Program shall record the application - *AB109* – 15 – and statement, with the name so modified, in an appropriate book of record.
- *AB109_R1* – 16 – 1.
548.345 In addition to other powers granted in [this chapter,] the provisions of NRS 548.010 to 548.550, inclusive, a district and - *AB109* – 16 – the supervisors thereof shall have the power to conduct surveys, investigations and research relating to the conservation of renewable natural resources and the preventive and control measures needed, to publish the results of such surveys, investigations or research, and to disseminate information concerning such preventive and control measures;
Repair and restore property within the district, including, but not limited to, wetlands, stream corridors and other riparian property, - *AB109_R1* – 17 – on land owned or controlled by any government or municipal corporation, with the cooperation of the agency administering and having jurisdiction thereof, and on any other land within the district, upon obtaining the consent of all persons holding any relevant rights or interests in such land.
548.360 In addition to other powers granted in [this chapter,] the provisions of NRS 548.010 to 548.550, inclusive, a district and the supervisors thereof may cooperate or enter into agreements with and, within the limits of appropriations made available to it by law and any money it acquires from any other source, furnish financial or other aid to any governmental or other agency, or any occupier of land within the district, in conserving renewable natural resources within the district, subject to such conditions as the supervisors may - *AB109* – 17 – deem necessary to advance the purposes of [this chapter.] NRS 548.010 to 548.550, inclusive.
and - *AB109_R1* – 18 – 2.
- *AB109* – 18 – 3.
- *AB109_R1* – 19 – Sec.
- *AB109* – 19 – Sec.
- *AB109_R1* – 20 – 3.
and - *AB109* – 20 – (b) If a conservation district includes land lying in more than one county, the boards of county commissioners of the respective counties shall impose, on behalf of the conservation district, an annual fee of not more than $25 on each parcel in the conservation district.
The Commission shall conduct, after due notice, public meetings and public hearings within the district or districts - *AB109_R1* – 21 – concerned upon such regulations as it deems necessary to assist it in consideration thereof.
- *AB109* – 21 – 3.
- *AB109_R1* – 22 – 2.
The Commission shall prescribe the form for the petitions, which shall be, as nearly as practicable, in the form prescribed in - *AB109* – 22 – [this chapter] the provisions of NRS 548.010 to 548.550, inclusive, for petitions to organize a district.
At any time after 5 years after the organization of a district under the provisions of [this chapter,] NRS 548.010 to - *AB109_R1* – 23 – 548.550, inclusive, any 10 occupiers of land lying within the boundaries of such district may file a petition with the Commission praying that the operations of the district be terminated and the existence of the district be discontinued.
- *AB109* – 23 – Sec.
- *AB109_R1* – 24 – Sec.
If, as a result of a change in boundaries, the area included in a weed control district is no longer entirely within the boundaries of one county and entirely within the boundaries of one conservation district organized pursuant to [chapter 548 of] NRS [,] 548.010 to 548.550, inclusive, the supervisors of the conservation district may no longer serve, ex officio, as the board of directors of the weed control district, and the - *AB109* – 24 – supervisors of the weed control district must be appointed pursuant to NRS 555.205.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 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.640, 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, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, - *AB109_R1* – 25 – 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, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 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, 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, 284.4086, 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, - *AB109* – 25 – 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, 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, 396.1415, 396.1425, 396.143, 396.159, 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.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 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, 450B.805, 453.164, 453.720, 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, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 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, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, - *AB109_R1* – 26 – 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, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, - *AB109* – 26 – 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, 652.126, 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, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 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, 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.
- *AB109_R1* – 27 – 3.
and - *AB109* – 27 – (2) Is not available in an electronic format;
If the boundaries of a district overlap with the boundaries of a conservation district formed pursuant to [chapter 548 of] NRS [,] 548.010 to 548.550, inclusive, the board of the district must coordinate and consult with the board of supervisors of the - *AB109_R1* – 28 – conservation district on matters that may impact the conservation district.
There is hereby appropriated from the State General Fund to the State Conservation CommissionDistricts Program in the State Department of Conservation and Natural Resources the sum of $200,000 for providing staff services to the State Conservation Commission in the State Department of Conservation and Natural Resources in administering the Healthy Soils Initiative created by section 7 of this act, and for the salary of an employee to assist the Commission in administeringcarrying out the Healthyprovisions Soilsof Initiative.sections 2 to 11, inclusive, of this act.
2.subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently - *AB109* – 28 – granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrativeyadministrative tasks that are necessary to carry out the provisions of this act;
H - *AB109**AB109_R1*
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- Reprint 1 View text Current pdf
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Amendments
1 amendmentClick 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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From printer. To engrossment. Engrossed. First reprint. To committee.
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Read second time. Amended. (Amend. No. 9.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.
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From committee: Amend, and do pass as amended.
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Notice of eligibility for exemption.
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From printer. Read first time. To committee.
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Prefiled. Referred to Committee on Natural Resources. To printer.
Sponsors
- Selena La Rue Hatch · Primary
- David Orentlicher · Primary
- Clara Thomas · Primary
- Howard Watts · Primary
- Natha C. Anderson · Cosponsor
- Cecelia González · Cosponsor
- Shondra Summers-Armstrong · Cosponsor
- Michelle Gorelow · Cosponsor
- Sarah Peters · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 4 co-sponsors · 58 not signed on
Sponsors (5)
- La Rue Hatch, Selena Democratic
- Orentlicher, David Democratic
- Clara Thomas
- Watts, Howard Democratic
- Peters, Sarah
Co-sponsors (4)
- Anderson, Natha C. Democratic
- González, Cecelia Democratic
- Summers-Armstrong, Shondra
- Gorelow, Michelle
Not signed on (58)
58 members have not signed on to this bill.
Show all 58 →"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 109?
- AB 109 is sponsored by La Rue Hatch, Selena (Democratic), Orentlicher, David (Democratic), Clara Thomas, Watts, Howard (Democratic), Anderson, Natha C. (Democratic), González, Cecelia (Democratic), Summers-Armstrong, Shondra, Gorelow, Michelle, and Peters, Sarah.
- What is the current status of AB 109?
- This bill died with 2023 Regular Session. It reached “In Committee” 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 109?
- Track AB 109 free on One Click Politics — get push/email alerts when it moves.
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