Nevada 2023 Regular Session Status: To Executive Bipartisan · 6 D · 3 R cosponsors

AB 322 — Revises provisions relating to kratom products. (BDR 52-763)

Last action — Vetoed by the Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “To Executive” 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.

Vetoed by Governor Joe Lombardo (Republican) on June 16, 2023.

This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

265 added · 297 removed

265 line(s) added, 297 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 6, 6.5) (Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.
Assembly Bill No.
322 A SSEMBLY B ILLN O.
322–Assemblymen Nguyen, Yeager, González;
322–ASSEMBLYMEN NGUYEN , YEAGER , GONZÁLEZ ;
Brown-May, Dickman, D’Silva and Gallant Joint Sponsors:
BROWN -M AY , DICKMAN , D’SILVA AND GALLANT M ARCH 16, 2023 ____________ JOINT SPONSORS :
Senators Hansen;
ENATORS HANSEN ;AND N GUYEN ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to kratom products.
and Nguyen CHAPTER..........
(BDR 52-763) FISCAL NOTE:
EffecProvides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
prohibiting a person from selling or offering to sell a kratom product to an end user unless the kratom product has been registered with the State Department of Agriculture;
prohibiting a person from selling or offering to sell a kratom product to an end user unless the kratom product has been registered with the Division of Public and Behavioral Health of the Department of Health and Human Services;
setting forth requirements for the registration of a kratom product with the Department;
setting forth requirements for the registration of a kratom product with the Division;
requiring a person who registers a kratom product to pay certain expenses and report certain information relating to the kratom product to the Department;
requiring a person who registers a kratom product to pay certain expenses and report certain information relating to the kratom product to the Division;
authorizing the Department to adopt certain regulations governing kratom products;
authorizing the Division to adopt certain regulations governing kratom products;
prohibiting the State Board of Pharmacy from including certain substances on a schedule of controlled substances;
making an appropriation;
- *AB322_R1* – 2 – LegExisting law defines “kratom product” to mean, in general, any product or ingredient containing any part of the leaf of the Mitragyna Speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine, or any synthetic material that contains the alkaloid mitragynine or 7-hydroxymitragynine.
Legislative Counsel’s Digest:
Existing law prohibits a person from:
Existing law defines “kratom product” to mean, in general, any product or ingredient containing any part of the leaf of the Mitragyna Speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine, or any synthetic material that contains the alkaloid mitragynine or 7-hydroxymitragynine.
(1) selling or offering to sell any material, compound, mixture or preparation containing a kratom product to a child under the age of 18 years;
Existing mixture or preparation containing a kratom product to a child under the age of 18nd, years;
and (3) selling a kratom product the imposition of a civil penalty of not more than $1,000 against a person whodes for violates those prohibitions.
and (3) selling a kratom product that does not have a label that meets certain requirements.
(NRS 597.998) Section 5 of this bill revises the definition of kratom product to mean food containing any part of the leaf of the Mitragyna Speciosa plant.
Existing law provides for the imposition of a civil penalty of not more than $1,000 against a person who violates those prohibitions.
(NRS 597.998) containing any part of the leaf of the Mitragyna Speciosa plant.
Section 9 eliminates the civil penalty imposed for engaging in such prohibited acts Department of Agriculture for certain violations relating to kratom products.
Section 9 eliminates the civil penalty imposed for engaging in such prohibited acts fines by the Division of Public and Behavioral Health of the Department of Healthe and Human Services for certain violations relating to kratom products.
Section 6 of this bill prohibits a person from selling or offering to sell a kratom product to an end user unless the kratom product has been registered with the Department.
Section 6 of this bill prohibits a person from selling or offering to sell a kratom product to an end user unless the kratom product has been registered with the - 82nd Session (2023) – 2 – product with the Division.orth certain requirements for a person to register a kratom Sections 6.5 and 8 of this bill set forth circumstances under which the Division may require a person who registers a kratom product to submit the kratom product to a laboratory for certain additional testing.
Section 6 sets forth certain requirements for a person to register a kratom product with the Department.
Section 7.5 of this bill requires a person who registers a kratom product to submit to the Division a copy of certain reports concerning the kratom product that are required to be submitted to the United States Food and Drug Administration.
Sections 6.5 and 8 of this bill set forth circumstances under which the Department may require a person who registers a kratom product to submit the kratom product to a laboratory for certain additional testing.
Section 7 of this bill authorizes the Division to adopt certain regulations to from the State General Fund to the Division for personnel, travel, operating,opriation equipment and information services expenses to carry out the provisions of this bill.
Section 7.5 of this bill requires a person who registers a kratom product to submit to the Department a submitted to the United States Food and Drug Administration.re required to be Section 7 of this bill authorizes the Board to adopt certain regulations to carry out the provisions of this bill.
Existing law sets forth the Uniform Controlled Substances Act, which establishes various provisions relating to controlled substances, including, without limitation, provisions establishing certain offenses concerning controlled substances and the penalties for those offenses.
Existing law authorizes the State Board of Pharmacy to adopt regulations to add, delete or reschedule substances as controlled substances in schedules I, II, III, IV or V pursuant to the Uniform Controlled Substances Act.
(NRS 453.011-453.348) Existing law authorizes the State Board of Pharmacy to adopt regulations to add, delete or reschedule substances as controlled substances in schedules I, II, III, IV or V pursuant to the Uniform Controlled Substances Act.
(NRS 453.146) Existing law prohibits certain substances from being included on such a schedule.
(NRS 453.146) alkaloids is added to a schedule of controlled substances, a person who engages in the possession, delivery, production, sale or use of a kratom product that meets the requirements of this bill and who confines his or her activities to those authorized by this bill does not commit a violation of any law, ordinance, rule or regulation of this State or any political subdivision of this State and any such conduct must not constitute the basis for any investigation, detention, search, seizure, arrest, prosecution or other legal penalty against the person.
(NRS 453.2186) Section 9.5 of this bill prohibits the Board from including mitragynine or any of its constituent alkaloids on any schedule unless the substance bill provides that if mitragynine or any of its constituent alkaloids is added to as schedule of controlled substances, a person who engages in the possession, delivery, production, sale or use of a kratom product that meets the requirements of this bill and who confines his or her activities to those authorized by this bill does not commit a violation of any law, ordinance, rule or regulation of this State or any political subdivision of this State and any such conduct must not constitute the basis for any investigation, detention, search, seizure, arrest, prosecution or other legal penalty against the person.
Section 9.7 of this bill provides that the Uniform Controlled Substances Act and certain other provisions governing controlled substances do not apply to the extent that they are inconsistent withSections 2.5-4.5 of this bill define certain other words and terms for the purposes of this bill.
Sections 2.5-4.5 of this bill define certain other words and terms for the purposes of this bill.
EXPLANATION – Matter in bolded italics is new;
- *AB322_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED 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:
Sec.
- 82nd Session (2023) – 3 – Sec.
“Department” means the State Department of Agriculture.
“Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.
“Food” means any food, food product, food ingredient, dietary ingredient, dietary supplement or beverage intended for ultimate human consumption.
“Food” means any food, food product, food intended for ultimate human consumption.supplement or beverage Sec.
Sec.
A person shall not sell or offer to sell a kratom product to an end user unless the kratom product has been registered with the Department pursuant to this section.
A person shall not sell or offer to sell a kratom product to an end user unless the kratom product has been registered with the Division pursuant to this section.
A person who wishes to register a kratom product must submit to the Department:
A person who wishes to register a kratom product must submit to the Division:
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(b) A fee in an amount established by the Department bynt;
(a) An application on a form prescribed by the Division.
regulation;
(b) A fee in an amount established by the Division by regulation.
(1) Is produced by an independent laboratory that meets any requirements set forth in regulations adopted by the Department pursuant to section 7 of this act;
(1) Is produced by an independent laboratory that meets any requirements set forth in regulations adopted by the Division pursuant to section 7 of this act.
and (2) Provides sufficient information about the kratom product to enable the Department to determine whether the kratom product complies with the provisions of NRS 597.998 and sections 2 to 8.7, inclusive, of this act;
Such requirements may include, without limitation, a requirement that the independent laboratory to the testing of food.standards required by the Division relating (2) Provides sufficient information about the kratom product to enable the Division to determine whether the kratom product complies with the provisions of NRS 597.998 and sections to 8.7, inclusive, of this act.
and (d) Any other information and documentation that the Department deems necessary to ensure that the kratom product - *AB322_R1* – 4 – meets the requirements of NRS 597.998 and sections 2 to 8.7, inclusive, of this act and the regulations adopted pursuant thereto.
(d) Any other information and documentation that the Division deems necessary to ensure that the kratom product meets the requirements of NRS 597.998 and sections 2 to 8.7, inclusive, of this act and the regulations adopted pursuant thereto.
A registration issued pursuant to this section expires 1 year after issuance and may be renewed by submitting to the Department an application for renewal and the same fees and materials required by paragraphs (b), (c) and (d) of subsection 2 for an initial registration.
A registration issued pursuant to this section expires 1 year after issuance and may be renewed by submitting to the Division an application for renewal and the same fees and materials required by paragraphs (b), (c) and (d) of subsection 2 for an initial registration.
Sec.
- 82nd Session (2023) – 4 – Sec.
If the Department has reasonable cause to believe that the information contained on the label of, or the certificate of analysis for, a kratom product is inaccurate, the Department may require the person who registered the kratom product to send the kratom product to a laboratory selected by the Department to conduct testing on the kratom product.
If the Division has reasonable cause to believe that the information contained on the label of, or the certificate of analysis for, a kratom product is inaccurate, the Division may require the person who registered the kratom product to send the testing on the kratom product.
2.
selected by the Division to conduct 2.
After the testing conducted pursuant to subsection 1 is completed, the Department shall send the person who registered the kratom product a bill for the costs of the testing.
After the testing conducted pursuant to subsection 1 is completed, the Division shall send the person who registered the kratom product a bill for the costs of the testing.
If the person fails to pay those costs within a period of time after the receipt of the bill established by the Department by regulation, the Department shall revoke the registration of the kratom product.
If the person fails to pay those costs within a period of time after the receipt of the bill established by the Division by regulation, the Division shall revoke the registration of the kratom product.
The Department may adopt regulations as it determines to be necessary or advisable to carry out the provisions of NRS 597.998 and sections 2 to 8.7, inclusive of this act.
The Division may adopt regulations as it determines to be necessary or advisable to carry out the provisions of NRS 597.998 and sections 2 to 8.7, inclusive of this act.
§ 379aa-1 concerning a serious adverse event involving a kratom product that the person has registered pursuant to section 6 of this act, the person shall send a copy of that report to the Department by certified mail within a period of time established by the Department by regulation.
§ 379aa-1 concerning a serious adverse event involving a kratom product that the person has registered pursuant to section 6 of this act, the person shall send a copy of that report to the Division by certified mail within a period of time established by the Division by regulation.
Failure to send to the Department a copy of the report described in subsection 1 within the time required by subsection 1, constitutes grounds for the revocation of the registration of the kratom product about which the report relates.
Failure to send to the Division a copy of the report described in subsection 1 within the time required by subsection 1, constitutes grounds for the revocation of the registration of the kratom product about which the report relates.
Any person may report to the Department on a form prescribed by the Department a suspected violation of NRS 597.998 or sections 2 to 8.7, inclusive, of this act.
Any person may report to the Division on a form sections 2 to 8.7, inclusive, of this act.lation of NRS 597.998 or 2.
2.
If the Division determines that the allegations in a complaint are credible and relate to the content or labeling of, or a certificate of analysis for, a kratom product, the Division shall require the person who committed the alleged violation to obtain and provide to the Division, within a period of time prescribed by the Division by regulation, a new certificate of analysis which complies with paragraph (c) of subsection 2 of section 6 of this act for the kratom product.
If the Department determines that the allegations in a complaint are credible and relate to the content or labeling of, or a certificate of analysis for, a kratom product, the Department shall require the person who committed the alleged violation to obtain and provide to the Department, within a period of time prescribed by the Department by regulation, a new certificate of analysis which complies with paragraph (c) of subsection 2 of section 6 of this act for the kratom product.
3.
- *AB322_R1* – 5 – 3.
If a person fails to provide the Division with a certificate of analysis pursuant to subsection 2, the Division shall revoke the registration for the kratom product.
If a person fails to provide the Department with a certificate of analysis pursuant to subsection 2, the Department shall revoke the registration for the kratom product.
Notwithstanding any other provision of law, if mitragynine or any of its constituent alkaloids are added to schedule I, II, III, IV or V by the State Board of Pharmacy by regulation pursuant to NRS 453.146, a person who engages in the possession, delivery, production, sale or use of a kratom product that meets the requirements of NRS 597.998 and sections 2 to 8.7, inclusive, of this act and who confines his or her activities to those authorized by NRS 597.998 and sections 2 to 8.7, inclusive, of this act does not violate any law, ordinance, rule or regulation of this State or any political subdivision of this State and such conduct may not constitute the basis for any investigation, detention, search, seizure, arrest, prosecution or other legal penalty against the person.
Notwithstanding any other provision of law, if mitragynine or any of its constituent alkaloids are added to schedule I, II, III, IV or V by the State Board of Pharmacy by - 82nd Session (2023) – 5 – regulation pursuant to NRS 453.146, a person who engages in the possession, delivery, production, sale or use of a kratom product that meets the requirements of NRS 597.998 and sections 2 to 8.7, inclusive, of this act and who confines his or her activities to those act does not violate any law, ordinance, rule or regulation of this State or any political subdivision of this State and such conduct may not constitute the basis for any investigation, detention, search, seizure, arrest, prosecution or other legal penalty against the person.
Upon the request of a person to whom an administrative fine is issued, the Department shall provide notice of and conduct a hearing in accordance with the provisions of chapter 233B of NRS.
Upon the request of a person to whom an administrative fine is issued, the Division shall provide notice of and conduct a hearing in accordance with the provisions of chapter 233B of NRS.
(a) Is combined, packaged or adulterated with [a] :
(a) Is adulterated , as defined in 21 U.S.C.
(1) A controlled substance or a dangerous drug, as defined in chapter 454 of NRS, or any poisonous or deleterious substance;
§ 342, or combined or packaged with [a] :
or (2) Any substance that affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer [.
(1) A controlled substance or a dangerous drug, as defined or chapter 454 of NRS, or any poisonous or deleterious substance;
(2) Any substance that affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer [.
- *AB322_R1* – 6 – 4.
4.
(a) Any part of the leaf of the Mitragyna Speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine;
- 82nd Session (2023) – 6 – plant contains the alkaloid mitragynine or 7-hydroxymitragynine;
(d) Does not include a label that clearly sets forth:
(d) Does not include a label that complies with any requirements for the labeling of food established by the State Board of Health by regulations adopted pursuant to NRS 439.200 or 446.940 and that clearly sets forth:
(2) The maximum limits for individual servings per day;
(3) The number of servings equal to the size of oneday;
(3) The number of servings equal to the size of one recommended individual serving that are contained in the package;
recommended individual serving that are contained in the package;
NRS 453.2186 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
453.2186 1.
9.7.
Authority to control pursuant to NRS 453.146, 453.218, 453.2182 and 453.2184 does not extend to distilled spirits, wine, malt beverages or tobacco.
NRS 453.005 is hereby amended to read as follows:
453.005 The provisions of this chapter do not apply to the extent that they are inconsistent with the provisions of [title] :
1.
Title 56 of NRS.
The Board shall not include mitragynine or any of its constituent alkaloids on any schedule unless the substance is designated as a controlled substance pursuant to federal law.
NRS 597.998 and sections 2 to 8.7, inclusive, of this act.
3.
General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for personnel, travel, operating, equipment and information services expenses to carry out the provisions of this act the following sums:
The Board shall not include any nonnarcotic substance on any schedule if that substance is in a form suitable for final dosage and has been approved by the Food and Drug Administration for sale over the counter without a prescription, unless the Board affirmatively finds that:
For the Fiscal Year 2023-2024..................................$121,162 For the Fiscal Year 2024-2025..................................$140,010 2.
(a) The substance itself or one or more of its active ingredients is an immediate precursor of a controlled substance;
Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal - 82nd Session (2023) – 7 – years 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 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 20, 2024, and September 19, 2025, respectively.
and (b) The substance is materially misbranded or mislabeled, or the public interest requires the scheduling of the substance as a controlled substance in schedule I, II, III or IV.
- *AB322_R1* – 7 – [3.] 4.
In determining whether the public interest requires the scheduling of the substance, the Board shall consider:
(a) Whether the customary methods of marketing and distributing the substance are likely to lead to its unlawful distribution or use, including any relevant information with regard to a manufacturer or distributor of the substance concerning:
(1) His or her record of compliance with applicable federal, state and local statutes, ordinances and regulations;
(2) His or her past experience in the manufacture and distribution of controlled substances, and the existence in his or her establishment of effective controls against the unlawful distribution or use of the substance;
(3) Whether he or she has ever been convicted under any federal or state law relating to a controlled substance;
and (4) Whether he or she has ever furnished materially falsified or fraudulent material in any application filed pursuant to NRS 453.011 to 453.552, inclusive;
(b) Whether the substance is controlled under the federal Controlled Substances Act;
(c) The status of any pending proceeding to determine whether the substance should be controlled or exempted from control;
(d) Any history of abuse or misuse of the substance in this State;
and (e) Any other factors which are relevant to the public health and safety.
[4.] 5.
In determining whether a substance is misbranded or mislabeled, the Board shall consider the requirements of the federal Food, Drug, and Cosmetic Act and the Code of Federal Regulations concerning indications for its use and any advertising for a use not so indicated.
Sections 1 to 9.5, inclusive, of this act become effective:
Section 9.8 of this act becomes effective on July 1, 2023.
3.
Sections 1 to 9.7, inclusive, of this act become effective:
H - *AB322_R1*
~~~~~ 23 - 82nd Session (2023)
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How this bill changes current law

8 changes Share ↗

Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill modifies regulations surrounding the sale and registration of kratom products, including registration requirements and penalties for violations.

  • NRS 597.998

    is adulterated → is adulterated, as defined in 21 U.S.C. § 342, or combined or packaged with

    Clarifies the definition of adulterated kratom products.

  • NRS 597.998

    or combined or packaged with [a] → (1) A controlled substance or a dangerous drug, as defined or chapter 454 of NRS, or any poisonous or dangerous substance.

    Specifies the types of substances that kratom products cannot be combined or packaged with.

  • NRS 597.998

    2. A person shall not sell or offer to sell a kratom product to an end user unless the kratom product has been registered with the Division pursuant to this section.

    Introduces a requirement for kratom products to be registered before sale.

  • NRS 597.998

    3. A person who wishes to register a kratom product must submit to the Division: (a) An application on a form prescribed by the Division. (b) A fee in an amount established by the Division by regulation. (c) A certificate of analysis for the kratom product which: (1) Is produced by an independent laboratory that meets any requirements set forth in regulations adopted by the Division pursuant to section 7 of this act.

    Establishes detailed requirements for registering kratom products.

  • NRS 597.998

    1. A person who violates any provision of NRS 597.998 and sections 2 to 8.7, inclusive, of this act is subject to an administrative fine in an amount not to exceed $500 for a first offense and $1,000 for a second or subsequent offense.

    Defines specific administrative penalties for violations of the kratom regulations.

  • NRS 597.998

    The Division may adopt regulations as it determines to be necessary or advisable to carry out the provisions of NRS 597.998 and sections 2 to 8.7, inclusive of this act.

    Grants the Division authority to adopt necessary regulations for kratom products.

  • NRS 597.998

    If the Division has reasonable cause to believe that the information contained on the label of, or the certificate of analysis for, a kratom product is inaccurate, the Division may require the person who registered the kratom product to send the product to a laboratory selected by the Division to conduct testing.

    Allows the Division to conduct testing if there are inaccuracies in product labeling or analysis.

  • NRS 453.146

    Notwithstanding any other provision of law, if mitragynine or any of its constituent alkaloids are added to schedule I, II, III, IV or V by the State Board of Pharmacy by regulation pursuant to NRS 453.146, a person who engages in the possession, delivery, production, sale or use of a kratom product that meets the requirements of NRS 597.998 ... does not commit a violation of any law.

    Protects individuals from penalties for kratom-related activities if they comply with the bill's requirements.

Amendments

3 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Vetoed by the Governor.

  2. Enrolled and delivered to Governor.

  3. Read third time. Passed. Title approved. (Yeas: 19, Nays: 2.) To Assembly. In Assembly. To enrollment.

  4. From committee: Do pass. Placed on Second Reading File. Read second time.

  5. From printer. To reengrossment. Reengrossed. Second reprint. To Chief Clerk's desk. Taken from Chief Clerk's desk. Placed on General File. Read third time. Amended. (Amend. No. 925.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 30, Nays: 12.) To printer. From printer. To reengrossment. Reengrossed. Third reprint. To Senate. In Senate. Read first time. Referred to Committee on Finance. To committee.

  6. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 893.) Placed on Chief Clerk's desk. To printer.

  7. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 433.) To printer.

  9. Notice of eligibility for exemption.

  10. From printer. To committee.

  11. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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4 sponsors · 5 co-sponsors · 58 not signed on

Sponsors (4)

Co-sponsors (5)

Not signed on (58)

58 members have not signed on to this bill.

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Frequently asked questions

Who sponsors AB 322?
AB 322 is sponsored by Nguyen, Duy (Democratic), Yeager, Steve (Democratic), González, Cecelia (Democratic), Hansen, Ira (Republican), Brown-May, Tracy (Democratic), Dickman, Jill (Republican), D'Silva, Reuben (Democratic), Gallant, Danielle (Republican), and Nguyen, Rochelle T. (Democratic).
What is the current status of AB 322?
This bill died with 2023 Regular Session. It reached “To Executive” 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 322?
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