Revises provisions governing accountants. (BDR 54-1079)
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SB 437 — Revises provisions governing accountants. (BDR 54-1079)
Last action — Approved by the Governor. Chapter 61.
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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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 27, 2023. Enacted.
Signed by Governor Joe Lombardo (Republican) on May 29, 2023.
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
717 added · 774 removed717 line(s) added, 774 removed.
(ReprintedSenate withBill amendmentsNo. adopted on April 24, 2023) FIRST REPRINT S.B.
437437–Committee Son ENATECommerce Band ILLNLabor O.CHAPTER..........
437–C OMMITTEE ON C OMMERCE AND L ABOR (O NB EHALF OF THE OFFICE OF FINANCE IN THE OFFICE OF THE G OVERNOR ) M ARCH 27, 2023 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing accountants.
(BDR 54-1079) 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.
(NRS 628.200) Section 2 of this bill replaces the requirement to obtain 2 years of work experience with a requirement to complete not less than removes2,000 thehours authority of thework Boardexperience toin adopta regulationsperiod providing for substituteso programs of continuingnot educationless tothan satisfy1 theyear. requirements for work experience.
ExistingSection law2 providesalso thatremoves athe candidateauthority forof athe certificateBoard ofto certifiedadopt publicregulations accountantproviding whofor meetssubstitute certainprograms educationalof requirementscontinuing iseducation eligible to takesatisfy the examination for the certificate before completing the requirements for work experienceexperience. if the candidate is without any history of acts involving dishonesty or - *SB437_R1* – 2 – moral turpitude.
accountant who meets certain educational requirements is eligible to take thelic examination for the certificate before completing the requirements for work experience if the candidate is without any history of acts involving dishonesty or moral turpitude.
forExisting alaw certificateauthorizes takethe anBoard examinationto ifwaive the applicantrequirement satisfiesthat certainan requirements,applicant including having experience in the practice of public accountancy either as aairements, certified public accountant or as a staff accountant under certain circumstances.
Existing law grants practice privileges in this State to a natural person who holds a valid license as a certified public accountant in another state.
Such a natural person is not required to obtain a certificate of certified public accountant or a permit to engage in the practice of public accounting from the Board but is required to consent to certain specified conditions, including consent to the disciplinarydisciplinaryred authority of the Board.
(NRS 628.315) Section 6 of this bill extends the authority of the Board to grant such practice privileges to a certified public accounting firm organized as a partnership, corporation or limited-liability company or a sole Such- a82nd certifiedSession public(2023) accounting– firm2 is– notproprietorship requiredwhich toholds registera withvalid theregistration Boarde.in good standing from another state.
butSuch isa requiredcertified topublic consentaccounting tofirm theis samenot conditionsrequired asto naturalregister persons,with suchthe asBoard consent to the disciplinary authority of the Board.
Sections 1 and 8-20 of this bill makemakesent conforming changes to account for the Board’s authority to grant practice privileges to those entities.
Sections 8-10 of this bill also require those entities which are organized as a partnership, corporation or limited-liability company to maintain an offSectionoffice 7in of this billState. exempts certain entities whose sole business is preparing tax returns and related schedules from the requirement of registration.
tax returns and related schedules from the requirement of registration.is preparing Section 21 of this bill repeals the definition of “home office” which is rendered obsolete by the changes made by sections 6 and 7.
THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sectionmatter 1.between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
- *SB437_R1* – 3 – (a) At least 150 semester hours or an equivalent number of quarter hours;
- 82nd Session (2023) – 3 – (a) [Two years] Not less than 2,000 hours accumulated over a period of not less than 1 year of public accounting experience in a partnership, corporation, limited-liabilitycompanylimited-liability company or sole proprietorship engaged in the practice of public accounting under the direct supervision of a person who is a certified public accountant;
ororervision of a person who is a certified public (b) Other work experience under the direct supervision of a person engaged in active practice as a certified public accountant, of a character and for a length of time sufficient in the opinion of the Board to be substantially equivalent to the requirements of paragraph (a).
Notwithstanding any provision of this section to the contrary, an applicant for a certificate of certified public accountant who has received conditional credit pursuant to NRS 628.260 for passing a section of the examination required for a certificate, and who applies that credit to subsequent passage of the examination, is subject to the educational requirements to receive a certificate that were in effect on the date on which the applicant passed all sections of the examination.
- *SB437_R1* – 4 – Sec.
The Board [shall] may charge each candidate for a certificate of certified public accountant a fee, to be determined by the- Board82nd Session (2023) – 4 – Board.ard by regulation, for the examination prescribed by the Board.2.
2.
(a) The person has passed an examination that is substantially the same as the examination conducted pursuant to NRS 628.230 with a grade that would have been a passing grade in this State on thethe(b) dateThe on which the person receivedhas hisexperience orin herthe originalpractice certificate;of publiccertificate;
(b) The person has experience in the practice of public accountancy, [either as a certified public accountant or as a staff accountant employed by a partnership, corporation, limited-liability company or sole proprietorship engaged in the practice of public accounting and working under the direct supervision of a person who is a certified public accountant,] private industry or the federal, state or local government, while holding a certificate as a certified public accountant for more than 4 of the 10 years immediately preceding his or her making application pursuant to this chapter;
The Board may issue a certificate as a certified public accountantcertificate tothen anyin personeffect whoissued isby thea holderforeign ofcountry anif:t equivalent(a) certificatePersons thenwho are certified as public accountants in effectthis issuedState are granted similar privileges by athe foreign country if:in which the applicant is certified;
- *SB437_R1* – 5 – (a) Persons who are certified as public accountants in this State are granted similar privileges by the foreign country in which the applicant is certified;
and (3)- Authorizes82nd Session (2023) – 5 – statements;uthorizes the applicant to issue reports upon financial statements;(c) The requirements for education and examination of the regulatory authority of the foreign country were substantially equivalent to the requirements for education and examination of this State on the date on which the applicant received his or her certificate;
(c) The requirements for education and examination of the regulatory authority of the foreign country were substantially equivalent to the requirements for education and examination of this State on the date on which the applicant received his or her certificate;
(e) The applicant has passed a written examination on national standards for public accounting and ethics that is acceptable to the Board;
andfor public accounting and ethics that is acceptable to the (f) The applicant submits with the application a list of all jurisdictions in which he or she has applied for and received a certificate to practice public accounting.
Sec.628.315 1.NRS 6Except as otherwise provided in this chapter, a natural person who holds a valid license in good standing as a certified public accountant or a certified public accounting firm organized as a partnership, corporation, limited-liability company or sole proprietorship that holds a valid registration in good standing from any state other than this State shall be deemed to be a certified public accountant or a certified public accounting firm for all purposes under the laws of this State other than this chapter.
Show all 117 changed lines (77 more)
6.- 82nd Session (2023) – 6 – 2.
NRS 628.315 is hereby amended to read as follows:
628.315 1.
Except as otherwise provided in this chapter, a natural person who holds a valid license in good standing as a certified public accountant or a certified public accounting firm - *SB437_R1* – 6 – organized as a partnership, corporation, limited-liability company or sole proprietorship that holds a valid registration in good standing from any state other than this State shall be deemed to be a certified public accountant or a certified public accounting firm for all purposes under the laws of this State other than this chapter.
2.
[or] (b)(c) A permitregistration pursuant to NRS 628.380628.335.or [.]3. ;
or (c) A registration pursuant to NRS 628.335.
3.
(d) To the appointment of the state board that issued the license as the agent upon whom process may be served in any investigation,investigation,se action or proceeding by the Board relating to [the] :
- *SB437_R1* – 7 – Sec.
The Board shall grant or renew registration to a partnership, corporation, limited-liabilitycompanylimited-liability company or sole proprietorship- that82nd demonstratesSession its(2023) qualifications– therefor7 in– accordance with this chapter.chapter.tes its qualifications therefor in 2.
2.
(b) May practice public accounting, may perform compilation services or other professional services within the practice of public accounting other than attest services for a client having his or her home office in this State, may be] required to register pursuant to this section if:
(2) The partnership, corporation, limited-liability company or sole proprietorship complies with the provisions of subsection 5 ofofor NRS 628.325, if applicable;
and - *SB437_R1*82nd Session (2023) – 8 – (4) The partnership, corporation, limited-liability company or sole proprietorship can lawfully perform such services in the statestater where the natural person described in subparagraph (3) has his or her principal place of business.
A partnership required or otherwise seeking to register with the Board pursuant to NRS 628.335 must meet the followingfol(a) requirements:At least one general partner must be [either] a certified public accountant of this State in good standing .
(a) At least one general partner must be [either] a certified public accountant of this State in good standing .
[or, if the partnership is required to register pursuant to paragraph (a) of subsectionprivileges 3pursuant ofto NRS 628.335,628.315.]al a natural person granted practice privileges pursuant to NRS 628.315.] (d) Each partner who is regularly engaged in the practice of public accounting within the United States must be a certified public accountant in good standing of some state or jurisdiction of the United States.
[or a natural person granted practice privileges pursuant to NRS 628.315.] (f)- The82nd Session (2023) – 9 – (g) A corporation or limited-liability company which is registered pursuant to NRS 628.343 or 628.345 may be a partner, and a partnership maintainswhich anis officeregistered inpursuant to this State.section may be a general partner, in a partnership engaged in the practice of public accounting.
- *SB437_R1* – 9 – (g) A corporation or limited-liability company which is registered pursuant to NRS 628.343 or 628.345 may be a partner, and a partnership which is registered pursuant to this section may be a general partner, in a partnership engaged in the practice of public accounting.
Notice must be given to the Board within 1 month afterpartnership theso admissionregistered.withdrawal to or withdrawal of a partner from any partnershipSec. so registered.
Sec.
(c) At least one shareholder of the corporation must be [either] a corporation is required to register pursuant to paragraph (a) of, if the subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.] (d) Each manager in charge of an office of the corporation in this State and each shareholder or director who is regularly and personally engaged within this State in the practice of public accounting must be [either] a certified public accountant of this State in good standing .
[or, if the corporation is required to register pursuant- to82nd paragraphSession (a)(2023) of– subsection10 3– of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.]628.315.]natural (d)(e) EachIn managerorder into chargefacilitate ofcompliance anwith office of the corporationprovisions inof this Statesection andrelating eachto shareholderthe orownership directorof whostock, isthere regularlymust andbe personallya engagedwritten withinagreement thisbinding Statethe inshareholders or the practicecorporation ofto publicpurchase accountingany mustshares beoffered [either]for asale certifiedby, publicor accountantnot ofunder thisthe Stateownership inor goodeffective standingcontrol .of, a qualified shareholder.
[or, if the corporation is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.] (e) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there must be a written - *SB437_R1* – 10 – agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder.
[or, if the corporation is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.] The Board shall determine whether the applicant isiso eligible for registration and may charge an initial fee and an annual renewal fee set by the Board by regulation.
(a) The sole purpose and business of the limited-liability company must be to furnish to the public services not inconsistent with this chapter or the regulations of the Board, except that the limited-liabilityincompatible companywith maythe investpractice itsof moneypublic inaccounting.manner anot manner(b) notThe incompatiblemanager, withif any, of the practicelimited-liability ofcompany must be a certified public accounting.accountant of [some state] this State in good standing.
(b) The manager, if any, of the limited-liability company must be a certified public accountant of [some state] this State in good standing.
[or, if the limited-liability company is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.] (d)- Each82nd personSession in(2023) charge– of11 an– office of the limited-liability company in this State and each member who is regularly andandiability personally engaged within this State in the practice of public accounting must be [either] a certified public accountant of this State in good standing .
[or, if the limited-liability company is required to register pursuant to paragraph (a) of subsection 3 of - *SB437_R1* – 11 – NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.] (e) In order to facilitate compliance with the provisions of this section relating to the ownership of interests, there must be a written agreement binding the members or the limited-liability company to purchase any interest offered for sale by, or not under the ownership or effective control of, a qualified member.
(g) The limited-liability company shall comply with other regulations pertaining to limited-liability companies practicing publicpub2.c accountingaApplication infor thisregistration Statemust adoptedbe bymade upon the Board.affidavit of the manager or a member of the limited-liability company.
2.
Application for registration must be made upon the affidavit of the manager or a member of the limited-liability company.
Notice must be given to the Board within 1 month after the admission to or withdrawal of a member from any limited-liability company so registered.
628.390Board 1.may revoke, or may suspend for a period of not more than 5the years, any certificate issued under NRS 628.190 to 628.310, inclusive, any practice privileges granted pursuant to NRS 628.315 [or 628.335] or any registration of a partnership, corporation, limited-liability company, sole proprietorship or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may publicly censure the holder of any permit, certificate or registration or any natural person or certified public - 82nd Session (2023) – 12 – 628.315, for any one or any combination of the following causes:
After giving notice and conducting a hearing, the Board may revoke, or may suspend for a period of not more than 5 years, any certificate issued under NRS 628.190 to 628.310, inclusive, any practice privileges granted pursuant to NRS 628.315 [or 628.335] or any registration of a partnership, corporation, limited-liability company, sole proprietorship or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may publicly censure the holder of any permit, certificate or registration or any natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315, for any one or any combination of the following causes:
- *SB437_R1* – 12 – (d) Violation of a regulation or rule of professional conduct adopted by the Board under the authority granted by this chapter.
(g) Cancellation, revocation, suspension, placing on probation or refusal to renew authority to practice as a certified public accountant by any other state, for any cause .
(j) Conduct discreditable to the profession of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting.
After giving notice and conducting a hearing, the Board may deny an application to take the examination prescribed by the Board pursuant to NRS 628.190, deny a person admission to such an - 82nd Session (2023) – 13 – examination, invalidate a grade received for such an examination or deny an application for a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, to a person who has:
(a) Made any false or fraudulent statement, or any misleading statementstatem(1) orTo omissiontake relatingthe toexamination aprescribed materialby factthe inBoard anpursuantn: application:
(1) To take the examination prescribed by the Board pursuant to NRS 628.190;
- *SB437_R1* – 13 – (b) Cheated on an examination prescribed by the Board pursuant to NRS 628.190 or any such examination taken in another state or jurisdiction of the United States;
628.430 All statements, records, schedules, working papers and memoranda made by a certified public accountant or a natural person or certified public accounting firm granted practicepracticetural privileges pursuant to NRS 628.315 incident to or in the course of professional service to clients by the accountant, except reports submitted by a certified public accountant or a natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315 to a client, are the property of the accountant, in the absence of an express agreement between the accountant and the client to the contrary.
- 82nd Session (2023) – 14 – Sec.
2.professional standards for accounting and documentation related to an attestation applicable to particular engagements, a practitioner shall retain all documentation related to an attestation for not less than 5 years after the date of the report containing the attestation.
Except as otherwise provided in this section and in all professional standards for accounting and documentation related to an attestation applicable to particular engagements, a practitioner shall retain all documentation related to an attestation for not less than 5 years after the date of the report containing the attestation.
Documentation related to an attestation that, at the end of the retention period set forth in subsections 1 and 2, is a part of or subject to a pending investigation of, or disciplinary action against, a practitioner must be retained and must not be destroyed until the - *SB437_R1* – 14 – practitioner has been notified in writing that the investigation or disciplinary action has been closed or concluded.
(b) “Practitioner”(1) means:A holder of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, or a permit issued pursuant to NRS 628.380;
(1) A holder of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, or a permit issued pursuant to NRS 628.380;
- 82nd Session (2023) – 15 – 1.
Registered as a partnership, corporation, limited-liability company or sole proprietorship of certified public accountants and all offices of the partnership, corporation, limited-liability company or sole proprietorship in this State for the practice of public accounting are maintained and registered as required under NRS 628.370;
ororare maintained and registered as required under NRS 2.
628.480 A partnership, corporation, limited-liability company or sole proprietorship shall not assume or use the title or designation “public accountant” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the partnership, corporation, limited-liabilitycompanylimited-liability company or sole - *SB437_R1* – 15 – proprietorship is composed of public accountants unless the partnership, corporation, limited-liabilitycompanylimited-liability company or sole proprietorship is:
Sec.628.490 1.RS 62Except as otherwise provided in subsection 2 and NRS 628.450 to 628.480, inclusive, a person, partnership, corporation, limited-liability company or sole proprietorship shall not assume or use the title or designation “certified accountant,” or any other title or designation likely to be confused with “certified public accountant” or “public accountant,” or any of the abbreviations “C.A.” or “P.A.” or similar abbreviations likely to be confused with “C.P.A.” 2.
16.
NRS 628.490 is hereby amended to read as follows:
628.490 1.
Except as otherwise provided in subsection 2 and NRS 628.450 to 628.480, inclusive, a person, partnership, corporation, limited-liability company or sole proprietorship shall not assume or use the title or designation “certified accountant,” or any other title or designation likely to be confused with “certified public accountant” or “public accountant,” or any of the abbreviations “C.A.” or “P.A.” or similar abbreviations likely to be confused with “C.P.A.” 2.
or - 82nd Session (2023) – 16 – (b) Has been granted practice privileges pursuant to NRS 628.315 , [;
or (c) Is performing services within the practice of public accounting pursuant to the provisions of subsection 3 of NRS 628.335,] may hold himself or herself out to the public as an “accountant,” “auditor” or “certified public accountant.” Sec.
Except as otherwise provided in subsection 2, a person shall not sign or affix his or her name or the name of a partnership, corporation, limited-liabilitycompanylimited-liability company or sole proprietorship, or any trade or assumed name used by the person or by the partnership, corporation, limited-liability company or sole proprietorship in business, with any wording indicating that he or she is an accountant or auditor, or that the partnership, corporation, limited-liability company or sole proprietorship is authorized to practice as an accountant or auditor or with any wording indicating that the person or the partnership, corporation, limited-liability - *SB437_R1* – 16 – company or sole proprietorship has expert knowledge in accounting or auditing, to any accounting or financial statement, or attest to any accounting or financial statement, unless:
or (b) The person is a natural person or certified public accounting firmfir(c) grantedThe partnership, corporation, limited-liability company or sole proprietorship is performing services within the practice privilegesof public accounting pursuant to the provisions of subsection 3 of NRS 628.315628.335.] .2.
[;
or (c) The partnership, corporation, limited-liability company or sole proprietorship is performing services within the practice of public accounting pursuant to the provisions of subsection 3 of NRS 628.335.] 2.
- 82nd Session (2023) – 17 – (1) The person who prepared the statement or issued the report does not hold a live permit issued by the Board;
and (2) The statement or report does not purport to have been prepared in compliance with the professional standards of accountingaccSec. adopted by the Board.
Sec.
628.520 A person shall not sign or affix the name of a partnership, corporation, limited-liabilitycompanylimited-liability company or sole proprietorship with any wording indicating that it is a partnership, corporation, limited-liability company or sole proprietorship composed of accountants or auditors or persons having expert knowledge or special expertise in accounting or auditing, to any accounting or financial statement, or attest to any accounting or financial statement, unless the partnership, corporation, limited- liability company or sole proprietorship is:
or - *SB437_R1* – 17 – 2.
Except as otherwise provided in subsection 2, a person, partnership, corporation, limited-liability company or sole proprietorship shall not engage in the practice of public accounting or hold himself, herself or itself out to the public as an “accountant” or “auditor” by use of either or both of those words in connection with any other language which implies that such a person or firm holds a certificate, permit or registration or has special competence as an accountant or auditor on any sign, card, letterhead or in any advertisement or directory unless:
- 82nd Session (2023) – 18 – (b) Any act of a public official or public employee in the performance of his or her duties as such.
or (b) [Performing services within the practice of public accounting] Granted practice privileges pursuant to the provisionsprovisionsic of [subsection 3 of] NRS [628.335.] 628.315.
- *SB437_R1* – 18 – The names of past partners, shareholders or members may be included in the name of a firm or its successors.
TEXT~~~~~ OF23 REPEALED- SECTION82nd 628.017Session “Home(2023) office” defined.
“Home office” means the location specified by a client of an accountant as the address of an entity for which the accountant practices public accounting, performs an attestation or compilation or performs other professional services within the practice of public accounting.
H - *SB437_R1*
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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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Approved by the Governor. Chapter 61.
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Enrolled and delivered to Governor.
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In Senate. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Excused: 1.) 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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Read second time.
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From committee: Do pass.
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In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 520.) To printer.
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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
- Senate Committee on Commerce and Labor · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Senate Committee on Commerce and Labor
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 SB 437?
- SB 437 is sponsored by Senate Committee on Commerce and Labor.
- What is the current status of SB 437?
- This bill has been enacted into law. Introduced March 27, 2023. Enacted.
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