NY State Senate Bill 2015-S3739B

Senate Bill S3739B

2015-2016 Legislative Session

Directs the commissioner of parks, recreation and historic preservation to cooperate with municipalities in establishing adopt-a-park programs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 20, 2016	print number 3739b
Apr 20, 2016	amend and recommit to cultural affairs, tourism, parks and recreation
Jan 06, 2016	referred to cultural affairs, tourism, parks and recreation
Jun 25, 2015	committed to rules
May 05, 2015	advanced to third reading
May 04, 2015	2nd report cal. amended 3739a
Apr 29, 2015	1st report cal.489
Feb 17, 2015	referred to cultural affairs, tourism, parks and recreation

Votes

- Apr 29, 2015 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote
  S3739B
  
  12
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cultural Affairs, Tourism, Parks And Recreation Committee Vote: Apr 29, 2015
      
      aye (12)
      
      Avella
      
      Bonacic
      
      Griffo
      
      Kennedy
      
      Little
      
      Marcellino
      
      Marchione
      
      Parker
      
      Ritchie
      
      Sanders Jr.
      
      Serino
      
      Serrano
      
      aye wr (1)
      
      Hoylman-Sigal

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S3739 - Details

See Assembly Version of this Bill:: A6696
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Amd §3.09, Pks & Rec L; amd §277, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7928, A2895
2011-2012: S2686, A3409
2013-2014: S1596, A9635
2017-2018: S205, A6675
2019-2020: A5706

2015-S3739 - Summary

Directs the commissioner of parks, recreation and historic preservation to cooperate with municipalities in establishing adopt-a-park programs; municipalities may enter into agreements with volunteer groups for provision of services.

2015-S3739 - Sponsor Memo

                                BILL NUMBER:S3739

TITLE OF BILL:  An act to amend the parks, recreation and historic
preservation law and the general municipal law, in relation to
authorizing an adopt-a-park program

PURPOSE:

This bill would direct the Commissioner of Parks, Recreation and
Historic preservation to cooperate with municipalities in establishing
an adopt-a-park Program.

SUMMARY OF PROVISIONS:

§ 1- Amends subdivision 4 of 3.09 of the Parks, Recreation and
Historic Preservation Law.

§ 2- Amends § 277 of the General Municipal Law.

§ 3- Effective date.

JUSTIFICATION:

Municipalities are often with limited budgets and strained resources.
This bill would provide assistance to municipalities who obtain
technical advice and guidance in organizing volunteers to

"adopt-a-park" that is owned by the municipality. The Commissioner of
Parks and Recreation is granted authority to develop regulations
necessary to implement the program.

The "adopt-a-park" program will allow volunteers to cooperate in
projects to maintain and beautify parks such as vandalism remediation,
litter removal, developing and maintaining nature trails, planting and
maintaining flowerbeds, and otherwise improving the park. A similar
program, the "adopt-a-highway" was passed in 1985 and has been very
successful in using volunteer services to beautify New York highways.

LEGISLATIVE HISTORY:

S.1596 of 2013/2014 third Reading;
S. 2686A of 2011/2012 vetoed- similar legislation;
S.7928 of 2009/2010 referred to Cultural Affairs, Tourism, Parks and
Recreation;
S.874 of 2007/2008 third Reading;
S.1387 of 2005.2006 passed Senate;
S.2581 of 2003/2004 passed Senate;
S.2001/2002 passed Senate.

FISCAL IMPLICATIONS:

Anticipated cost savings to local governments.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2015-S3739 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3739

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN  ACT to amend the parks, recreation and historic preservation law and
  the general municipal law, in relation to authorizing an  adopt-a-park
  program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 3.09 of the parks, recreation  and
historic preservation law is amended to read as follows:
  4.  Cooperate in the planning, organization, development and operation
of municipal and private park, recreational  and  historic  preservation
projects  and programs.   THE COMMISSIONER MAY PROVIDE TECHNICAL ASSIST-
ANCE TO MUNICIPALITIES FOR THE PLANNING, ORGANIZATION,  DEVELOPMENT  AND
OPERATION  OF  ADOPT-A-PARK  PROGRAMS UNDERTAKEN PURSUANT TO SECTION TWO
HUNDRED SEVENTY-SEVEN OF THE GENERAL MUNICIPAL LAW  INCLUDING,  BUT  NOT
LIMITED  TO,  THE DEVELOPMENT AND DISTRIBUTION OF AN INFORMATIONAL GUIDE
FOR PARTICIPANTS IN SUCH PROGRAMS.
  S 2. Section 277 of the general municipal law, as added by chapter 626
of the laws of 1991, is amended to read as follows:
  S 277. Adopt-a-municipal park, shoreline or roadway programs.  1.  The
governing body of any county, city, town or village is hereby authorized
and  empowered  to authorize and direct such of its officers or agencies
as it shall designate to enter into adopt-a-park, shoreline  or  roadway
program  agreements with volunteers or groups in an effort to reduce and
remove litter from parks, shorelines, roadways and other  public  lands.
Such agreements shall include but not be limited to:
  a.  providing  and  coordinating  services  by volunteers or groups to
reduce the amount of litter including providing trash bags and trash bag
pick up and in designated areas where volunteers may be in close proxim-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06346-01-5

S. 3739                             2

ity to moving vehicles providing safety briefings and reflective  safety
gear; and
  b.  providing  and  installing  signs  identifying those volunteers or
groups adopting particular parks, shorelines, roadways or other sections
of public land.
  2. WITH RESPECT TO ADOPT-A-PARK PROGRAMS, A PROGRAM AGREEMENT MAY ALSO
BE ENTERED INTO FOR THE PROVISION OF SERVICES BY VOLUNTEERS OR GROUPS TO
PRESERVE, MAINTAIN AND ENHANCE MUNICIPALLY-OWNED  PARKS.  SUCH  PROGRAMS
MAY  INCLUDE,  BUT ARE NOT LIMITED TO, REMEDIATING VANDALISM, PRESERVING
WETLANDS, CLEANING AND MAINTAINING PARK PROPERTY, ESTABLISHING AND MAIN-
TAINING ACCESS TO NATURE TRAILS, ESTABLISHING AND MAINTAINING DOG  RUNS,
PLANTING  AND  MAINTAINING FLOWER BEDS OR OTHER VEGETATION, OR OTHERWISE
IMPROVING AND MAINTAINING THE NATURAL BEAUTY OF SUCH PARKS.
  3. Notwithstanding any inconsistent provision of law, THE  STATE,  the
county,  city, town or village and its employees shall not be liable for
damages suffered by any persons resulting from the actions or activities
of such volunteers or groups.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

2015-S3739A - Details

See Assembly Version of this Bill:: A6696
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Amd §3.09, Pks & Rec L; amd §277, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7928, A2895
2011-2012: S2686, A3409
2013-2014: S1596, A9635
2017-2018: S205, A6675
2019-2020: A5706

2015-S3739A - Summary

2015-S3739A - Sponsor Memo

                                BILL NUMBER:S3739A

TITLE OF BILL:  An act to amend the parks, recreation and historic pres-
ervation law and the general municipal law, in relation to authorizing
an adopt-a-park program

PURPOSE: This bill would direct the Commissioner of parks, recreation
and historic preservation to cooperate with municipalities in establish-
ing an adopt-a-park program.

SUMMARY OF PROVISIONS:

Section one amends subdivision 4 of 3.09 of the parks, recreation and
historic preservation law to allow the Commissioner to provide technical
assistance to municipalities for the planning, organization, development
and operation of adopt-a-park programs along with the development and
distribution of an informational guide for participants.

Section two amends section 277 of the General Municipal Law to suggest
that a program agreement may be entered into for the provision of
services by volunteers or groups to preserve, maintain and enhance muni-
cipally-owned parks. This section also states that the adopt-a-park
program shall not result in the displacement or loss of position of any
currently employed worker.

Section three establishes the effective date.

JUSTIFICATION:  Municipalities are often with limited budgets and
strained resources.  This bill would provide assistance to munici-
palities who obtain technical advice and guidance in organizing volun-
teers to "adopt-a-park" that is owned by the municipality. The Commis-
sioner of Parks and Recreation is granted authority to develop
regulations necessary to implement the program.

The "Adopt-a-Park" program will allow volunteers to cooperate in
projects to maintain and beautify parks such as vandalism remediation,
litter removal, developing and maintaining nature trails, planting and
maintaining flowerbeds, and otherwise improving the park. A similar
program, the "Adopt-a-highway" was passed in 1985 and has been very
successful in using volunteer services to beautify New York highways.

LEGISLATIVE HISTORY: S.1596 of 2013/2014 third Reading; S. 2686A of
2011/2012 vetoed- similar legislation; S.7928 of 2009/2010 referred to
Cultural Affairs, Tourism, Parks and Recreation; S.874 of 2007/2008
third Reading; S.1387 of 2005-2006 passed Senate; S.2581 of 2003/2004
passed Senate; S.2001/2002 passed Senate.

FISCAL IMPLICATIONS: Anticipated cost savings to local governments.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth
day after it shall have become a law.

2015-S3739A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3739--A
    Cal. No. 489

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced by Sens. MARCHIONE, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cultural Affairs,
  Tourism,  Parks and Recreation -- reported favorably from said commit-
  tee, ordered to first report, amended on first report,  ordered  to  a
  second  report and ordered reprinted, retaining its place in the order
  of second report

AN ACT to amend the parks, recreation and historic preservation law  and
  the  general municipal law, in relation to authorizing an adopt-a-park
  program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 4 of section 3.09 of the parks, recreation and
historic preservation law is amended to read as follows:
  4. Cooperate in the planning, organization, development and  operation
of  municipal  and  private park, recreational and historic preservation
projects and programs.  THE COMMISSIONER MAY PROVIDE  TECHNICAL  ASSIST-
ANCE  TO  MUNICIPALITIES FOR THE PLANNING, ORGANIZATION, DEVELOPMENT AND
OPERATION OF ADOPT-A-PARK PROGRAMS UNDERTAKEN PURSUANT  TO  SECTION  TWO
HUNDRED  SEVENTY-SEVEN  OF  THE GENERAL MUNICIPAL LAW INCLUDING, BUT NOT
LIMITED TO, THE DEVELOPMENT AND DISTRIBUTION OF AN  INFORMATIONAL  GUIDE
FOR PARTICIPANTS IN SUCH PROGRAMS.
  S 2. Section 277 of the general municipal law, as added by chapter 626
of the laws of 1991, is amended to read as follows:
  S  277.  Adopt-a-municipal park, shoreline or roadway programs. 1. The
governing body of any county, city, town or village is hereby authorized
and empowered to authorize and direct such of its officers  or  agencies
as  it  shall designate to enter into adopt-a-park, shoreline or roadway
program agreements with volunteers or groups in an effort to reduce  and
remove  litter  from parks, shorelines, roadways and other public lands.
Such agreements shall include but not be limited to:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06346-04-5

S. 3739--A                          2

  a. providing and coordinating services  by  volunteers  or  groups  to
reduce the amount of litter including providing trash bags and trash bag
pick up and in designated areas where volunteers may be in close proxim-
ity  to moving vehicles providing safety briefings and reflective safety
gear; and
  b.  providing  and  installing  signs  identifying those volunteers or
groups adopting particular parks, shorelines, roadways or other sections
of public land.
  2. WITH RESPECT TO ADOPT-A-PARK PROGRAMS, A PROGRAM AGREEMENT MAY ALSO
BE ENTERED INTO FOR THE PROVISION OF SERVICES BY VOLUNTEERS OR GROUPS TO
PRESERVE, MAINTAIN AND ENHANCE MUNICIPALLY-OWNED  PARKS.  SUCH  PROGRAMS
MAY  INCLUDE,  BUT ARE NOT LIMITED TO, REMEDIATING VANDALISM, PRESERVING
WETLANDS, CLEANING AND MAINTAINING PARK PROPERTY, ESTABLISHING AND MAIN-
TAINING ACCESS TO NATURE TRAILS, ESTABLISHING AND MAINTAINING DOG  RUNS,
PLANTING  AND  MAINTAINING FLOWER BEDS OR OTHER VEGETATION, OR OTHERWISE
IMPROVING AND MAINTAINING THE NATURAL BEAUTY OF SUCH PARKS.
  3. Notwithstanding any inconsistent  provision  of  law,  the  county,
city,  town or village and its employees shall not be liable for damages
suffered by any persons resulting from the actions or activities of such
volunteers or groups.
  4. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY,  NO  ADOPT-A-PARK  PROGRAM SHALL RESULT IN THE DISPLACEMENT OF
ANY CURRENTLY EMPLOYED WORKER OR THE LOSS  OF  POSITION,  INCLUDING  THE
PARTIAL  DISPLACEMENT  SUCH  AS  REDUCTION IN THE HOURS OF NON-OVERTIME,
WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT  OF  EXISTING
COLLECTIVE BARGAINING AGREEMENTS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

2015-S3739B (ACTIVE) - Details

See Assembly Version of this Bill:: A6696
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Amd §3.09, Pks & Rec L; amd §277, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7928, A2895
2011-2012: S2686, A3409
2013-2014: S1596, A9635
2017-2018: S205, A6675
2019-2020: A5706

2015-S3739B (ACTIVE) - Summary

2015-S3739B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3739B

 TITLE OF BILL :  An act to amend the parks, recreation and historic
preservation law and the general municipal law, in relation to
authorizing an adopt-a-park program

 PURPOSE :

This bill would direct the Commissioner of parks, recreation and
historic preservation to cooperate with municipalities in establishing
an adopt-a-park program.

 SUMMARY OF PROVISIONS :

Section one amends subdivision 4 of 3.09 of the parks, recreation and
historic preservation law to allow the Commissioner to provide
technical assistance to municipalities for the planning, organization,
development and operation of adopt-a-park programs along with the
development and distribution of an informational guide for
participants.

Section two amends section 277 of the General Municipal Law by adding
a new subdivision 2 to provide that a program agreement may be entered
into for the provision of services by volunteers or groups to
preserve, maintain and enhance municipally-owned parks. Subdivision 3
is amended to add the standard of "reasonable actions or activities"

"performed in good faith" to the actions of volunteers. Subdivision 4
is added to ensure that the adopt-a-park program shall not result in
the displacement or loss of position of any currently employed worker.

Section three establishes the effective date.

 JUSTIFICATION :

Municipalities are often with limited budgets and strained resources.
This bill would provide assistance to municipalities who obtain
technical advice and guidance in organizing volunteers to
"adopt-a-park" that is owned by the municipality. The Commissioner of
Parks and Recreation is granted authority to develop regulations
necessary to implement the program.

The "Adopt-a-Park" program, just like the "Adopt a Road" program
currently allows for the removal of litter. This legislation will
allow volunteers to cooperate in projects to maintain and beautify
parks such as vandalism remediation, litter removal, developing and
maintaining nature trails, planting and maintaining flowerbeds, and
otherwise improving the park.

 LEGISLATIVE HISTORY :

S.1596 of 2013/2014 third Reading;
S. 2686A of 2011/2012 vetoed- similar legislation;
S.7928 of 2009/2010 referred to Cultural Affairs, Tourism, Parks and
Recreation;
S.874 of 2007/2008 third Reading;
S.1387 of 2005-2006 passed Senate;
S.2581 of 2003/2004 passed Senate;
S.2001/2002 passed Senate.

 FISCAL IMPLICATIONS :

Anticipated cost savings to local governments.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2015-S3739B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3739--B
    Cal. No. 489

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced by Sens. MARCHIONE, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cultural Affairs,
  Tourism,  Parks and Recreation -- reported favorably from said commit-
  tee, ordered to first report, amended on first report,  ordered  to  a
  second  report and ordered reprinted, retaining its place in the order
  of second report -- recommitted to the Committee on Cultural  Affairs,
  Tourism, Parks and Recreation in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the parks, recreation and historic preservation law  and
  the  general municipal law, in relation to authorizing an adopt-a-park
  program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 4 of section 3.09 of the parks, recreation and
historic preservation law is amended to read as follows:
  4. Cooperate in the planning, organization, development and  operation
of  municipal  and  private park, recreational and historic preservation
projects and programs.  THE COMMISSIONER MAY PROVIDE  TECHNICAL  ASSIST-
ANCE  TO  MUNICIPALITIES FOR THE PLANNING, ORGANIZATION, DEVELOPMENT AND
OPERATION OF ADOPT-A-PARK PROGRAMS UNDERTAKEN PURSUANT  TO  SECTION  TWO
HUNDRED  SEVENTY-SEVEN  OF  THE GENERAL MUNICIPAL LAW INCLUDING, BUT NOT
LIMITED TO, THE DEVELOPMENT AND DISTRIBUTION OF AN  INFORMATIONAL  GUIDE
FOR PARTICIPANTS IN SUCH PROGRAMS.
  S 2. Section 277 of the general municipal law, as added by chapter 626
of the laws of 1991, is amended to read as follows:
  S  277.  Adopt-a-municipal park, shoreline or roadway programs. 1. The
governing body of any county, city, town or village is hereby authorized
and empowered to authorize and direct such of its officers  or  agencies
as  it  shall designate to enter into adopt-a-park, shoreline or roadway
program agreements with volunteers or groups in an effort to reduce  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD06346-06-6

S. 3739--B                          2

remove  litter  from parks, shorelines, roadways and other public lands.
Such agreements shall include but not be limited to:
  a.  providing  and  coordinating  services  by volunteers or groups to
reduce the amount of litter including providing trash bags and trash bag
pick up and in designated areas where volunteers may be in close proxim-
ity to moving vehicles providing safety briefings and reflective  safety
gear; and
  b.  providing  and  installing  signs  identifying those volunteers or
groups adopting particular parks, shorelines, roadways or other sections
of public land.
  2. WITH RESPECT TO ADOPT-A-PARK PROGRAMS, A PROGRAM AGREEMENT MAY ALSO
BE ENTERED INTO FOR THE PROVISION OF SERVICES BY VOLUNTEERS OR GROUPS TO
PRESERVE, MAINTAIN AND ENHANCE MUNICIPALLY-OWNED  PARKS.  SUCH  PROGRAMS
MAY  INCLUDE,  BUT ARE NOT LIMITED TO, REMEDIATING VANDALISM, PRESERVING
WETLANDS, CLEANING AND MAINTAINING PARK PROPERTY, ESTABLISHING AND MAIN-
TAINING ACCESS TO NATURE TRAILS, ESTABLISHING AND MAINTAINING DOG  RUNS,
PLANTING  AND  MAINTAINING FLOWER BEDS OR OTHER VEGETATION, OR OTHERWISE
IMPROVING AND MAINTAINING THE NATURAL BEAUTY OF SUCH PARKS.
  3. Notwithstanding any inconsistent  provision  of  law,  the  county,
city,  town or village and its employees shall not be liable for damages
suffered by any persons resulting from the REASONABLE actions or  activ-
ities  of  such volunteers or groups PROVIDED SUCH ACTIONS OR ACTIVITIES
WERE PERFORMED IN GOOD FAITH.
  4. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY,  NO  ADOPT-A-PARK  PROGRAM SHALL RESULT IN THE DISPLACEMENT OF
ANY CURRENTLY EMPLOYED WORKER OR THE LOSS  OF  POSITION,  INCLUDING  THE
PARTIAL  DISPLACEMENT  SUCH  AS  REDUCTION IN THE HOURS OF NON-OVERTIME,
WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT  OF  EXISTING
COLLECTIVE BARGAINING AGREEMENTS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S3739B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Bill Amendments

co-Sponsors

2015-S3739 - Details

2015-S3739 - Summary

2015-S3739 - Sponsor Memo

2015-S3739 - Bill Text download pdf

co-Sponsors

2015-S3739A - Details

2015-S3739A - Summary

2015-S3739A - Sponsor Memo

2015-S3739A - Bill Text download pdf

co-Sponsors

2015-S3739B (ACTIVE) - Details

2015-S3739B (ACTIVE) - Summary

2015-S3739B (ACTIVE) - Sponsor Memo

2015-S3739B (ACTIVE) - Bill Text download pdf

Comments