SB 794: Political Reform Act of 1974: contribution limits.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-29
The Political Reform Act of 1974 comprehensively regulates campaign finance, including by limiting contributions that may be made to or received by certain candidates or committees, as specified.
This bill would allow a committee that receives a contribution, or portion thereof, in excess of specified limits to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without the contribution violating those limits, provided that the committee returns or attributes the amount in excess within 14 days of receipt, the committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, and the committee does not make use of the contribution prior to returning or attributing it, as specified. If the committee deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limits, the bill would allow the committee to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without violating those limits if the committee returns or attributes the amount in excess of the contribution limit within 72 hours of receipt or on or before the date of the election, whichever is sooner, and provided that the committee does not make use of the contribution prior to returning or attributing it, as specified, and does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than 2 times the applicable limit. The bill would require the committee to notify the contributor by the deadline for returning or attributing the contribution that the contribution exceeded the applicable limit. The bill would specify the manner by which a committee may attribute a contribution or portion thereof to another election.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
The Political Reform Act of 1974 comprehensively regulates campaign finance, including by limiting contributions that may be made to or received by certain candidates or committees, as specified.
This bill would allow a committee that receives a contribution, or portion thereof, in excess of specified limits to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without the contribution violating those limits, provided that the committee returns or attributes the amount in excess within 14 days of receipt, the committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, and the committee does not make use of the contribution prior to returning or attributing it, as specified. If the committee deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limits, the bill would allow the committee to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without violating those limits if the committee returns or attributes the amount in excess of the contribution limit within 72 hours of receipt or on or before the date of the election, whichever is sooner, and provided that the committee does not make use of the contribution prior to returning or attributing it, as specified, and does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than 2 times the applicable limit. The bill would require the committee to notify the contributor by the deadline for returning or attributing the contribution that the contribution exceeded the applicable limit. The bill would specify the manner by which a committee may attribute a contribution or portion thereof to another election.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
The Political Reform Act of 1974 comprehensively regulates campaign finance, including by limiting contributions that may be made to or received by certain candidates or committees, as specified.
This bill would allow a committee that receives a contribution, or portion thereof, in excess of specified limits to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without the contribution violating those limits, provided that the committee returns or attributes the amount in excess within 14 days of receipt, the committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, and the committee does not make use of the contribution prior to returning or attributing it, as specified. If the committee deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limits, the bill would allow the committee to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without violating those limits if the committee returns or attributes the amount in excess of the contribution limit within 72 hours of receipt or on or before the date of the election, whichever is sooner, and provided that the committee does not make use of the contribution prior to returning or attributing it, as specified, and does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than 2 times the applicable limit. The bill would require the committee to notify the contributor by the deadline for returning or attributing the contribution that the contribution exceeded the applicable limit. The bill would specify the manner by which a committee may attribute a contribution or portion thereof to another election.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
The Political Reform Act of 1974 comprehensively regulates campaign finance, including by limiting contributions that may be made to or received by certain candidates or committees, as specified.
This bill would allow a committee that receives a contribution, or portion thereof, in excess of specified limits to return the contribution, or portion thereof, without the contribution violating those limits, provided that the committee returns the amount in excess within 14 days of receipt, the committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, and the committee does not make use of the contribution prior to returning it, as specified. If the committee deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limits, the bill would allow the committee to return the contribution, or portion thereof, without violating those limits if the committee returns the amount in excess of the contribution limit within 72 hours of receipt or on or before the date of the election, whichever is sooner, and provided that the committee does not make use of the contribution prior to returning it. it, as specified, and does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than 2 times the applicable limit.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
The Political Reform Act of 1974 comprehensively regulates campaign finance, including by limiting contributions that may be made to or received by certain candidates or committees, as specified.
This bill would allow a committee that receives a contribution, or portion thereof, in excess of specified limits to return the contribution, or portion thereof, without the contribution violating those limits, provided that the committee returns the amount in excess of the contribution limit within 72 hours of receipt or on or before the date of the election, whichever is sooner, and provided that the committee does not make use of the contribution prior to returning it.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law provides that for any election, except an election for Governor or Lieutenant Governor, certain special runoff elections for candidates for local office, and certain primary elections, as specified, if the election results in a tie vote for the highest number of votes, the Secretary of State must summon the candidates subject to the tie vote to the Secretary of States office at the State Capitol, where the Secretary of State must determine the tie by lot.This bill would instead require the Secretary of State to summon the candidates subject to the tie vote to the Secretary of States office.Existing law provides that for any election, except an election for Governor or Lieutenant Governor, certain special runoff elections for candidates for local office, and certain primary elections, as specified, if the election results in a tie vote for the highest number of votes, the Secretary of State must summon the candidates subject to the tie vote to the Secretary of States office at the State Capitol, where the Secretary of State must determine the tie by lot.
This bill would instead require the Secretary of State to summon the candidates subject to the tie vote to the Secretary of States office.
(a)Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion of the contribution that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:
(1)The amount in excess of the contribution is returned or attributed within 14 days of receiving the contribution.
(2)The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit.
(3)The committee does not make use of the contribution prior to returning or attributing it.
(b)Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:
(1)The amount in excess of the contribution limit is returned or attributed within 72 hours of receipt, or is returned or attributed on or before the date of the election, whichever is sooner.
(2)The committee does not make use of the contribution prior to returning or attributing it.
(3)The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit.
(c)By or before the applicable deadline for returning or attributing the contribution, or excess portion thereof, in subdivision (a) or (b), a committee that receives a contribution that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316 shall inform the contributor that their contribution was in excess of the applicable limit. If the contribution was attributed pursuant to paragraph (2) of subdivision (d), the committee shall also inform the contributor that the contribution was attributed and that the contributor may request a refund.
(d)(1)A committee may, in accordance with any regulations adopted by the commission, request that the contributor attribute in writing a contribution to a different election.
(2)A committee may, in accordance with any regulations adopted by the commission, automatically attribute the portion of a contribution that is in excess of the applicable limit between the primary and general elections.
(e)For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committees available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit.
(f)For purposes of this section, a committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election.
SEC. 2.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
(a)Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion of the contribution that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:
(1)The amount in excess of the contribution is returned or attributed within 14 days of receiving the contribution.
(2)The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit.
(3)The committee does not make use of the contribution prior to returning or attributing it.
(b)Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:
(1)The amount in excess of the contribution limit is returned or attributed within 72 hours of receipt, or is returned or attributed on or before the date of the election, whichever is sooner.
(2)The committee does not make use of the contribution prior to returning or attributing it.
(3)The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit.
(c)By or before the applicable deadline for returning or attributing the contribution, or excess portion thereof, in subdivision (a) or (b), a committee that receives a contribution that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316 shall inform the contributor that their contribution was in excess of the applicable limit. If the contribution was attributed pursuant to paragraph (2) of subdivision (d), the committee shall also inform the contributor that the contribution was attributed and that the contributor may request a refund.
(d)(1)A committee may, in accordance with any regulations adopted by the commission, request that the contributor attribute in writing a contribution to a different election.
(2)A committee may, in accordance with any regulations adopted by the commission, automatically attribute the portion of a contribution that is in excess of the applicable limit between the primary and general elections.
(e)For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committees available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit.
(f)For purposes of this section, a committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election.
SEC. 2.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
(a)Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit limit, or may attribute the portion of the contribution that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:
(1)The amount in excess of the contribution is returned or attributed within 14 days of receiving the contribution.
(2)The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit.
(3)The committee does not make use of the contribution prior to returning or attributing it.
(b)Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit limit, or may attribute the portion that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:
(1)The amount in excess of the contribution limit is returned or attributed within 72 hours of receipt, or is returned or attributed on or before the date of the election, whichever is sooner.
(2)The committee does not make use of the contribution prior to returning or attributing it.
(3)The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit.
(c)By or before the applicable deadline for returning or attributing the contribution, or excess portion thereof, in subdivision (a) or (b), a committee that receives a contribution that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316 shall inform the contributor that their contribution was in excess of the applicable limit. If the contribution was attributed pursuant to paragraph (2) of subdivision (d), the committee shall also inform the contributor that the contribution was attributed and that the contributor may request a refund.
(d)(1)A committee may, in accordance with any regulations adopted by the commission, request that the contributor attribute in writing a contribution to a different election.
(2)A committee may, in accordance with any regulations adopted by the commission, automatically attribute the portion of a contribution that is in excess of the applicable limit between the primary and general elections.
(c)(e)For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committees available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit.
(f)For purposes of this section, a committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election.
SEC. 2.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
Notwithstanding (a)Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, or 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit without violating the applicable contribution limit, provided that the following conditions are met:
(1)The amount in excess of the contribution is returned within 14 days of receiving the contribution.
(2)The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit.
(3)The committee does not make use of the contribution prior to returning it.
(b)Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit without violating the applicable contribution limit, provided that the following conditions are met:
(a)(1)The amount in excess of the contribution limit is returned within 72 hours of receipt, or is returned on or before the date of the election, whichever is sooner.
(b)(2)The committee does not make use of the contribution prior to returning it.
(3)The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit.
(c)For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committees available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit.
SEC. 2.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, or 85303, may return the contribution, or a portion thereof, that exceeds the limit without violating the applicable contribution limit, provided that the following conditions are met:
(a)The amount in excess of the contribution limit is returned within 72 hours of receipt, or is returned on or before the date of the election, whichever is sooner.
(b)The committee does not make use of the contribution prior to returning it.
SEC. 2.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
SECTION 1.Section 15651 of the Elections Code is amended to read:15651.(a)If at any election, except as provided in subdivision (b) and an election for Governor or Lieutenant Governor, two or more persons receive an equal and the highest number of votes for an office to be voted for in more than one county, the Secretary of State shall forthwith summon the candidates who have received the tie votes, whether upon the canvass of the returns by the Secretary of State or upon recount by a court, to appear before the Secretary of State at the Secretary of States office at a time to be designated by the Secretary of State. The Secretary of State shall at that time and place determine the tie by lot. Except as provided in subdivision (b), in the same manner, at a time and place designated by it, the election board shall determine a tie vote, whether upon the canvass of the returns by the election board or upon a recount by a court, for candidates voted for wholly within one county or city.(b)In lieu of resolving a tie vote by lot as provided in subdivision (a), the legislative body of any county, city, or special district not subject to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10) may resolve a tie vote by the conduct of a special runoff election involving those candidates who received an equal number of votes and the highest number of votes.A special runoff election shall be held only if the legislative body adopts the provisions of this subdivision prior to the conduct of the election resulting in the tie vote. If a legislative body decides to call a special runoff election in the event of a tie vote, all future elections conducted by that body shall be resolved by the conduct of a special runoff election, unless the legislative body later repeals the authority for the conduct of a special runoff election.If a special runoff election is held pursuant to this subdivision, the legislative body shall call for the runoff election to be held in the local entity on a Tuesday not less than 40 nor more than 125 days after the administrative or judicial certification of the election that resulted in a tie vote. If a regular election is to be held throughout the jurisdiction within that time period, the special runoff election shall be held on the same day as, and consolidated with, the regular election.SEC. 2.Section 15672 of the Elections Code is amended to read:15672.In the case of a tie vote for an office other than a judicial or school office to be voted on in more than one county, the Secretary of State shall forthwith summon the candidates who have received tie votes to appear before the Secretary of State at the Secretary of States office at a time to be designated by the Secretary of State. The Secretary of State shall at that time and place determine the tie by lot.(a)If at any election, except as provided in subdivision (b) and an election for Governor or Lieutenant Governor, two or more persons receive an equal and the highest number of votes for an office to be voted for in more than one county, the Secretary of State shall forthwith summon the candidates who have received the tie votes, whether upon the canvass of the returns by the Secretary of State or upon recount by a court, to appear before him or her the Secretary of State at the Secretary of States office at the State Capitol at a time to be designated by him or her. the Secretary of State. The Secretary of State shall at that time and place determine the tie by lot. Except as provided in subdivision (b), in the same manner, at a time and place designated by it, the election board shall determine a tie vote, whether upon the canvass of the returns by the election board or upon a recount by a court, for candidates voted for wholly within one county or city.
(b)In lieu of resolving a tie vote by lot as provided in subdivision (a), the legislative body of any county, city, or special district not subject to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10) may resolve a tie vote by the conduct of a special runoff election involving those candidates who received an equal number of votes and the highest number of votes.
A special runoff election shall be held only if the legislative body adopts the provisions of this subdivision prior to the conduct of the election resulting in the tie vote. If a legislative body decides to call a special runoff election in the event of a tie vote, all future elections conducted by that body shall be resolved by the conduct of a special runoff election, unless the legislative body later repeals the authority for the conduct of a special runoff election.
If a special runoff election is held pursuant to this subdivision, the legislative body shall call for the runoff election to be held in the local entity on a Tuesday not less than 40 nor more than 125 days after the administrative or judicial certification of the election that resulted in a tie vote. If a regular election is to be held throughout the jurisdiction within that time period, the special runoff election shall be held on the same day as, and consolidated with, the regular election.
SEC. 2.Section 15672 of the Elections Code is amended to read:15672.In the case of a tie vote for an office other than a judicial or school office to be voted on in more than one county, the Secretary of State shall forthwith summon the candidates who have received tie votes to appear before him or her at his or her the Secretary of State at the Secretary of States office at the State Capitol at a time to be designated by him or her. the Secretary of State. The Secretary of State shall at that time and place determine the tie by lot.
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Date
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Status
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| Sep 29, 2022 | Chaptered by Secretary of State. Chapter 816, Statutes of 2022. |
| Sep 29, 2022 | Approved by the Governor. |
| Sep 6, 2022 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 30, 2022 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5276.) Ordered to engrossing and enrolling. |
| Aug 29, 2022 | From committee: That the Assembly amendments be concurred in. (Ayes 5. Noes 0. Page 5248.) |
| Aug 29, 2022 | Set for hearing August 29. |
| Aug 25, 2022 | Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d). |
| Aug 24, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 24, 2022 | Read third time. Passed. Ordered to the Senate. |
| Aug 11, 2022 | Read third time and amended. |
| Aug 1, 2022 | Read second time. Ordered to third reading. |
| Jun 30, 2022 | Read second time and amended. Ordered to second reading. |
| Jun 29, 2022 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (June 29). |
| Jun 16, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ELECTIONS. |
| Jun 16, 2022 | Re-referred to Com. on ELECTIONS. |
| Jun 17, 2021 | Re-referred to Com. on RLS. pursuant to Assembly Rule 96. |
| May 13, 2021 | Referred to Com. on ELECTIONS. |
| Apr 29, 2021 | In Assembly. Read first time. Held at Desk. |
| Apr 29, 2021 | Read third time. Passed. (Ayes 36. Noes 0. Page 975.) Ordered to the Assembly. |
| Apr 27, 2021 | Read second time. Ordered to consent calendar. |
| Apr 26, 2021 | From committee: Do pass. Ordered to consent calendar. (Ayes 5. Noes 0. Page 915.) (April 26). |
| Apr 21, 2021 | Set for hearing April 26. |
| Mar 3, 2021 | Referred to Com. on E. & C.A. |
| Feb 22, 2021 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 22, 2021 | From printer. May be acted upon on or after March 24. |
| Feb 19, 2021 | Introduced. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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| Aug 30, 2022 | Unfinished Business SB794 Glazer Concurrence | Senate Floor |
Passed |
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| Aug 24, 2022 | SB 794 Glazer Senate Third Reading By Bryan | Assembly Floor |
Passed |
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| Apr 29, 2021 | Consent Calendar SB794 | Senate Floor |
Passed |
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Bill Author
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