AB 98 — Revises provisions governing economic development. (BDR 18-760)
Last action — Approved by the Governor. Chapter 71.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 01, 2023. Enacted.
Signed by Governor Joe Lombardo (Republican) on May 30, 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.
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Single-party support
Sponsorship is currently within one party (1 D).
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
841 added · 897 removed841 line(s) added, 897 removed.
A.B.Assembly Bill No.
9898–Assemblyman ASSEMBLYNguyen BILLCHAPTER.......... NO .
98–ASSEMBLYMAN N GUYEN PREFILED FEBRUARY 1, 2023 ____________ Referred to Committee on Revenue SUMMARY—Revises provisions governing economic development.
(BDR 18-760) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
-EXPLANATION *AB98* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; 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:
- 82nd Session (2023) – 2 – (c) Develop a plan for identifying and awarding recognition to schools in this State that demonstrate exemplary performance in the fields of science, technology, engineering and mathematics;
(d) Conduct a survey of education programs and proposed programs relating to the fields of science, technology, engineering and mathematics in this State and in other states to identifyidentifyeering recommendations for the implementation of such programs by public schools and institutions of higher education in this State and report the information gathered by the survey to the State Board of Education and the Board of Regents of the University of Nevada;
(g) Prepare a written report which includes, without limitation, recommendations based on the survey conducted pursuant to paragraph (d) and any other recommendations concerning the instruction and curriculum in courses of study in science, technology, engineering and mathematics in public schools in this State and, on or before January 31 of each odd-numbered year, submit a copy of the report to the State Board of Education, the Board of Regents of the University of Nevada, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature;
(h) Conduct surveys for and make recommendations as deemed necessary to the Office of Economic Development and the Governor’s Workforce [Investment] Development Board;
- *AB98* – 3 – (1) The State Board of Education, the Council to Establish Academic Standards for Public Schools, the boards of trustees of school districts and the governing bodies of charter schools and university schools for profoundly gifted pupils concerning the curriculum and materials for courses in computer science and computer education and technology and professional development for teachers who teach such courses;
(a)- Shall82nd establishSession an(2023) event– in3 southern– Nevada and an event in northern Nevada to recognize pupils in this State who demonstratedemonstraten exemplary achievement in the fields of science, technology, engineering and mathematics.
The State Board of Education and the Board of Regents of the University of Nevada shall consider the plans developed by the Advisory Council on Science, Technology, Engineering and Mathematics pursuant to paragraphs (a), (b) and (c) of subsection 1 and the written report submitted pursuant to paragraph (g) of subsection 1.
The State Board of Education shall adopt suchsuchof regulations as the State Board deems necessary to carry out the recommendations in the written report.
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or -maintained *AB98*under –the 4terms –and obligationsconditions ifrequired theby confidentialitylaw;therwise of(d) Provide the employment and wage information isto otherwisethe maintainedBoard underof Regents of the termsUniversity andof conditionsNevada for purposes of the reporting required of the Board of Regents by law;subsection 4 of NRS 396.531;
(d)and (e) Provide to the employmentDirector andof wagethe informationLegislative toCounsel theBureau Boarda ofwritten Regentsreport ofeach quarter containing the Universityrate of Nevadaunemployment forof purposesresidents of this State regarding whom the reportingDepartment requiredhas ofinformation, organized by county and, for each county, the Boardrate of Regents- by82nd subsectionSession (2023) – 4 of– NRSunemployment 396.531;disaggregated by demographic information, including, without limitation, age, race and gender.
and (e) Provide to the Director of the Legislative Counsel Bureau a written report each quarter containing the rate of unemployment of residents of this State regarding whom the Department has information, organized by county and, for each county, the rate of unemployment disaggregated by demographic information, including, without limitation, age, race and gender.
(1) Post on the Internet website of the Department the report requiredrequire(2) byProvide thisthe paragraph;report to the Governor’s Workforce [Investment] Development Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935;
(2) Provide the report to the Governor’s Workforce [Investment] Development Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935;
(a) [Industry] Members of the local workforce development boards and other business representatives from industry sectors which are essential to this State and which are driven primarily by demand;
- *AB98* – 5 – 2.
and - 82nd Session (2023) – 5 – [(2)] (II) The region or regions of this State where the majority of the operations of each of those industry sectors is conducted [.
and (2)[(1)] Establish:(I) Regional goals for economic development for each of the industry sectors identified pursuant to this paragraph ;
[(1)] (I) Regional goals for economic development for each of the industry sectors identified pursuant to this paragraph ;
(7) Expanded market penetration, including, without limitation, by providing assistance to employers with small numbers of employees;empl(8) Partnerships between labor and management;
(8) Partnerships between labor and management;
- *AB98* – 6 – (1) Employers within that industry;
(b)- Shall,82nd withinSession the(2023) parameters– set6 forth– in the American Recovery and Reinvestment Act of 2009 or the parameters of any other program for which the federal funding is available, identify job training and education programs which the regional industry or sector [council] partnership determines to have the greatest likelihood of meeting the regional goals for economic development established for that industry sector pursuant to subparagraph [(1)] (2) of paragraph [(b)] (a) of subsection 2.
(c) Provide and administer grants of money to regional industry or sector [councils] partnerships for the purpose of establishing job training and education programs in industry sectors for which regional goals for economic development have been established pursuant to subparagraph [(1)] (2) of paragraph [(b)] (a) of subsection 2;
(a) Receive reports from the Director pursuant to paragraph (e) of subsection 1 of NRS 232.920;
Director pursuant to paragraph (e) (b) Require all applicable agencies which provide workforce development services to coordinate efforts and resources to reduce the rate of unemployment for a demographic group contained in the report provided pursuant to paragraph (e) of subsection 1 of - *AB98* – 7 – NRS 232.920 if, for that demographic group, the rate of unemployment for the group:
- 82nd Session (2023) – 7 – (2) Is 4 or more percentage points higher than the rate of unemployment for the applicable county as a whole;
and (c) Provide a written report each year to the Director of the Department and the Director of the Legislative Counsel BureauBureauthe describing the efforts made by the Governor’s Workforce Development Board and all applicable agencies to comply with paragraph (b).
Show all 132 changed lines (92 more)
232.975 The Executive Director of the Governor’s Office of Wor1.orcProvide support to the Department, the Governor’s Workforce Innovation[Investment] shall:Development Board created by NRS 232.935 and [the] any regional industry or sector [councils] partnership established [by the Governor’s Workforce Investment Board] pursuant to NRS 232.935 on matters relating to workforce development.
1.
Provide support to the Department, the Governor’s Workforce [Investment] Development Board created by NRS 232.935 and [the] any regional industry or sector [councils] partnership established [by the Governor’s Workforce Investment Board] pursuant to NRS 232.935 on matters relating to workforce development.
Collect and systematize and present in biennial reports to the Governor and the Legislature such statistical details relating to workforce development in the State as the Executive Director of the - *AB98* – 8 – Office may deem essential to further the objectives of the Governor’s Office of Workforce Innovation.
- 82nd Session (2023) – 8 – (a) Identify, recommend and implement policies related to workforce development.
(c) Discontinue career pathways offered by the State which fail to meet minimum standards of quality, rigor and cross-educationcross-educationail alignment, or that do not demonstrate a connection to priority industry needs.
(i) Report periodically to the Governor’s Workforce [Investment] Development Board concerning the administration of Innovation.s and programs of the policiesGovernor’s Office of Workforce (j) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and programsrecommendations of the Governor’s Office of Workforce Innovation.
(j) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and recommendations of the Governor’s Office of Workforce Innovation.
- *AB98*82nd Session (2023) – 9 – (1) Statistical data based on an analysis of the number of persons within this State who are engaged in an occupation or of profession that is regulated by a regulatory body in relation to the total population of this State or any geographic area within this State;
(m) On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report that includes, withoutstatewide limitation,longitudinal thedata mostsystem.t current data and reports produced by the statewideSec. longitudinal data system.
Sec.
A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of the tax imposed on the new or expanded business pursuant to chapter 361 of NRS.
(1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic DevelopmentDevelopmentby pursuant to subsection 2 of NRS 231.053;
(2)- Require82nd theSession business(2023) to– submit10 to– the Department the reports required by paragraph (c) of subsection 1 of NRS 218D.355;
- *AB98* – 10 – (3) State the agreed terms of the partial abatement, which must comply with the requirements of subsection 4;
(d) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and allalle other permits required by the county, city or town in which the business operates.
(g) The business will offer a health insurance plan for all full- time employees that includes an option for health insurance coverage for dependents of those employees, or will abide by all applicable provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, or both, and the benefits the business offers to its employees in this State will meet the minimum requirements for benefits established by the Office.
(1) The business makes a capital investment of at least $1,000,000 in a program of the University of Nevada, Reno, the University of Nevada, Las Vegas, or the Desert Research Institute to be- used82nd inSession support(2023) – 11 – the field of research,endeavor developmentof the business.pment or training related to the(2) fieldThe ofbusiness endeavorwill employ 15 or more full-time employees for the duration of the business.abatement.
(2)(3) The business will employ 15two or more full-timegraduate employeesstudents forfrom the durationprogram in which the capital investment is made on a part- time basis during years 2 through 5, inclusive, of the abatement.
- *AB98* – 11 – (3) The business will employ two or more graduate students from the program in which the capital investment is made on a part- time basis during years 2 through 5, inclusive, of the abatement.
(I) A letter of support from the institution in which the capital investment is made, which is signed by the chief administrative officer of the institution and the director or chair of the program or the appropriate department, and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding (II) A letter of support which is signed by the usechair of thosethe resources;board of directors of the regional economic development authority within whose jurisdiction the institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.
and (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.
(2)for the duration of the abatement.y 15 or more full-time employees (3) The business will employ 15two or more full-timestudents employeesfrom forthe college or institution in which the durationcapital investment is made on a full-time basis during years 2 through 5, inclusive, of the abatement.
(3) The business will employ two or more students from the college or institution in which the capital investment is made on a full-time basis during years 2 through 5, inclusive, of the abatement.
(I) A letter of support from the college or institution in which the capital investment is made, which is signed by the chief administrative officer of the college or institution and which includes,- without82nd limitation,Session a(2023) summary– of12 the– financial and other resources the business will provide to the program and an agreement that the college or institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources;
and - *AB98* – 12 – (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the college or institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.
(b) Shall not consider an application for a partial abatement pursuant to this section unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.
(d) May, if the Office determines that such action is necessary add additional requirements that a business must meet to qualify for a p4.tiaIf the Office of Economic Development approves an application for a partial abatement pursuant to this section.section:
4.
If the Office of Economic Development approves an application for a partial abatement pursuant to this section:
(b)- 82nd Session (2023) – 13 – (c) The durationabatement ofapplies only to the business for which the abatement mustwas beapproved forpursuant 5to years;this section and the property used in connection with that business.
and (c) The abatement applies only to the business for which the abatement was approved pursuant to this section and the property used in connection with that business.
If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the - *AB98* – 13 – Office shall immediately forward a certificate of eligibility for the abatement to:
An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies requirements of allsubsection records2.erify necessary to verify that the applicant meets the requirements7. of subsection 2.
7.
(a) The business shall repay to the county treasurer the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section.
(b)- The82nd applicableSession institution(2023) of– higher14 education– is entitled to keep the entire capital investment made by the business in thatthated to institution.
and - *AB98* – 14 – (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.
(a) Shall adopt regulations regarding any security that a business is required to post to qualify for a partial abatement pursuant to this section;
The Office of Economic Development may, by regulation, specify the types of real or personal property or assets thatthaSec. are included within the definition of “capital investment.” Sec.
6.6.nclNRS 388.385 is hereby amended to read as follows:.” 388.385 1.
NRS 388.385 is hereby amended to read as follows:
388.385 1.
- 82nd Session (2023) – 15 – (2) Employees of the school district who possess knowledge and experience in career and technical education;
(4) Parents and legal guardians of pupils enrolled in programs of career and technical education in the school district;
- *AB98* – 15 – (6) Members of the Governor’s Workforce [Investment] Development Board described in NRS 232.935 or local entities for the development of the workforce;
(b) Review the instructional supplies, equipment and operation of the program of career and technical education to determine its effectiveness in preparing pupils enrolled in the program to enter the workforce, apprenticeships or college and meet the needs of businesses and industries in the region concerning their workforce;
- 82nd Session (2023) – 16 – 3.
Sec.388.392 1.NRS 3Of state money appropriated for use in a fiscal year for programs of career and technical education, the State Board shall not use more than 7.5 percent to provide leadership and training activities in that fiscal year.
7.2.
NRS 388.392 is hereby amended to read as follows:
388.392 1.
Of state money appropriated for use in a fiscal year for programs of career and technical education, the State Board shall not use more than 7.5 percent to provide leadership and training activities in that fiscal year.
- *AB98* – 16 – 2.
As used in this section, “leadership and training activities” means:mea(a) Activities by or for pupil organizations for career and technical education;
(a) Activities by or for pupil organizations for career and technical education;
The board of trustees of a school district or the governing body of a charter school may apply to the State Board of Education for a grant for a program of career and technical education, to be paid for with money distributed pursuant to paragraph- (a)82nd ofSession subsection(2023) 2– of17 NRS– 388.392, by submitting an application to the person appointed pursuant to NRS 388.342.388.342.an 2.
2.
- *AB98* – 17 – Sec.
and (b) For an electric utility that primarily serves less densely populated counties, a total capacity of 160,000 megawatt-hours.megawatt-hours.ly 2.
2.
(d) Provide for solar workforce innovations and opportunity programs related to the construction, maintenance and operation of solar resources, including opportunities for workforce training, apprenticeshipsresources;ships or other job opportunities at community-based solar resources;(e) Provide for equitably broadened access to solar energy;
(e) Provide for equitably broadened access to solar energy;
(2) Is a fixed rate that replaces the base tariff energy rate and deferred accounting adjustment charged by the electric utility for participating- customers82nd andSession which(2023) is– adjusted18 in– accordance with the Commission’s quarterly calculations;
adjusted in accordance with the (3) For low-income eligible customers, provides for a lower rate, the cost of which must be allocated across all of the rate classes of the utility;
and (5) Includes for all participating customers any other applicable charges including, without limitation, the universal energy charge, franchise fees, the renewable energy program rate and base tariff general rates, except that the Commission may - *AB98* – 18 – reduce one or more of these charges for low-income eligible customers to ensure that such customers receive a lower rate pursuant to subparagraph (3);
(g) Establish a process for identifying noncontiguous geographic locations for community-based solar resources which, to the extent practicable,low-income musteligible becustomers;n located in communities with higher levels of low-income(h) eligibleProvide customers;for the use of at least one utility scale solar resource and at least three but not more than ten community-based solar resources within the service territory of the electric utility;
(h) Provide for the use of at least one utility scale solar resource and at least three but not more than ten community-based solar resources within the service territory of the electric utility;
(k) Provide for the use of a combination of new and other renewable energy facilities, which may be either utility scale or community-based solar resources, that were submitted to the Commissionplaced forinto approvaloperation afterbefore MayApril 1, 2018,2020;and and that were not placed(l) intoProvide operationfor beforean Aprilapplication 1,and 2020;selection process for eligible customers to participate in the program;
(l) Provide for an application and selection process for eligible customers to participate in the program;
- 82nd Session (2023) – 19 – (1) Twenty-five percent of the capacity of the program, as provided in subsection 1, be reserved for low-income eligible customers;
(2) Twenty-five percent of the capacity of the program, as provided in subsection 1, be reserved for disadvantaged businesses and nonprofit organizations;
andanderved for disadvantaged businesses (3) Fifty percent of the capacity of the program, as provided in subsection 1, be reserved for eligible customers who are fully bundled residential customers who own, rent or lease their residence and who certify in a statement which satisfies the requirements established by the Commission pursuant to paragraph (p) that they cannot install solar resources on their premises;
- *AB98* – 19 – (p) Establish the requirements for a fully bundled residential customer to certify that he or she cannot install solar resources on his or her premises;
The Commission may approve the plan if it finds that the proposed expanded solar access program complies with the regulations adoptedado5.ed byIn administering the provisions of this section, the electric utility and the Commission shall establish as the preferred sites for utility scale development of solar energy resources pursuant to subsectionthis 2.section brownfield sites and land designated by the Secretary of the Interior as Solar Energy Zones and held by the Bureau of Land Management.
5.
In administering the provisions of this section, the electric utility and the Commission shall establish as the preferred sites for utility scale development of solar energy resources pursuant to this section brownfield sites and land designated by the Secretary of the Interior as Solar Energy Zones and held by the Bureau of Land Management.
(1)- Fifty-one82nd percentSession or(2023) more– of20 the– owners are women, veterans, members of a racial or ethnic minority group or otherwise part of a traditionally underrepresented group;
- *AB98* – 20 – (h) “Fully bundled customer” means a customer of an electric utility who receives energy, transmission, distribution and ancillary servicesser(i) from“Fully anbundled electricgeneral utility.service customer” means a fully bundled customer who is a nonresidential customer with a kilowatt- hour consumption that does not exceed 10,000 kilowatt-hours per month.
(i) “Fully bundled general service customer” means a fully bundled customer who is a nonresidential customer with a kilowatt- hour consumption that does not exceed 10,000 kilowatt-hours per month.
(l) “Solar Energy Zone” means an area identified and designated by the Bureau of Land Management as an area well-suited for utility-scale production of solar energy, and where the Bureau of Landtransmission Managementinfrastructure willdevelopment.ergy prioritizeand solarassociated (m) “Solar resource” means a facility or energy andsystem associatedthat transmissionuses infrastructurea development.solar photovoltaic device to generate electricity.
(m) “Solar resource” means a facility or energy system that uses a solar photovoltaic device to generate electricity.
- 82nd Session (2023) – 21 – (o) “Utility scale solar resource” means a solar resource which has a nameplate capacity of at least 50 megawatts and is interconnected directly to a substation of the electric utility through a generation step-up transformer.
Sec.officer or an agency whose name has been changed or whose by an responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
10.
1.
Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
Such contracts and other agreements may be enforced by the officer or agency to - *AB98* – 21 – which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
approval.1.Sec.
This11. act becomes effective upon passage and H - *AB98*
This act becomes effective upon passage and approval.
~~~~~ 23 - 82nd Session (2023)
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- Enrolled As Enrolled Current pdf
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Action History
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Approved by the Governor. Chapter 71.
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Enrolled and delivered to Governor.
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Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly. In Assembly. To enrollment.
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Read second time.
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From committee: Do pass.
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In Senate. Read first time. Referred to Committee on Revenue and Economic Development. To committee.
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Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Excused: 1.) To Senate.
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Read second time.
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From committee: Do pass.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Revenue. To printer.
Sponsors
- Duy Nguyen · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Nguyen, Duy 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 98?
- AB 98 is sponsored by Nguyen, Duy (Democratic).
- What is the current status of AB 98?
- This bill has been enacted into law. Introduced February 01, 2023. Enacted.
- Where can I track AB 98?
- Track AB 98 free on One Click Politics — get push/email alerts when it moves.
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