NY State Senate Bill 2015-S4745B

Archive: Last Bill Status - Signed by Governor

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2015	approval memo.31 signed chap.577
Dec 16, 2015	delivered to governor
Jun 18, 2015	returned to senate passed assembly ordered to third reading rules cal.553 substituted for a7155b
Jun 17, 2015	referred to ways and means delivered to assembly passed senate
Jun 11, 2015	amended on third reading 4745b
Jun 08, 2015	advanced to third reading amended 4745a
Jun 03, 2015	2nd report cal.
Jun 02, 2015	1st report cal.1282
Apr 15, 2015	referred to health

Votes

- Jun 17, 2015 - Floor Vote
  S4745B
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jun 2, 2015 - Health Committee Vote
  S4745B
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jun 2, 2015
      
      aye (16)
      
      Farley
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Larkin
      
      Little
      
      Martins
      
      Montgomery
      
      Murphy
      
      Panepinto
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young
      
      excused (1)
      
      Hassell-Thompson

Bill Amendments

Original

B (Active)

2015-S4745 - Details

See Assembly Version of this Bill:: A7155
Law Section:: Public Health Law
Laws Affected:: Amd §2511, Pub Health L

2015-S4745 - Summary

Relates to the date of enrollment in the child health insurance plan; establishes date of enrollment as the date of the child's birth, if the applicant for insurance applies prior to the child's birth or up to 60 days following the child's birth, or on the date the applicant for insurance applies for coverage if the application is made more than 60 days after the child's birth.

2015-S4745 - Sponsor Memo

                                BILL NUMBER:S4745

TITLE OF BILL:  An act to amend the public health law, in relation to
the date of enrollment in the child health insurance plan

PURPOSE: This bill would allow families who sign-up for Child Health
Plus prior to their child's birth, to have coverage take effect the
day of birth. Currently, coverage for those not eligible for Medicaid
does not begin until the first day of the following month.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Subparagraph (i) of paragraph (g) of subdivision 2 of
section 2511 of the public health law is amended to set the Child
Health Plus beginning date take place at the date of the child's
birth, if the applicant for insurance applies prior to the child's
birth, or on the date the applicant for insurance applies for coverage
if the application is made after the birth of the child.

Section 2: Sets the effective date.

JUSTIFICATION: Child Health Plus is a fantastic New York State
all-inclusive health insurance program created for MIDDLE CLASS
families. The cost of a child's monthly premium is determined by a
cross section of the number of people in the family and the family's
income. Families can sign-up their children at any point between birth

and age eighteen. A family can also complete all the paperwork prior
to a child's birth and then simply activate the plan when the child is
born.

Current law sets a gap between the date of birth and the beginning
date of coverage, through no fault of the enrollee. Let's say Max Jr.
is born on August 3, 2014. His family knew they wanted to sign Max up
for Child Health Plus and they completed all the paperwork in July,
prior to his birth. His family calls on August 5th to activate his
account. Because Max does not qualify for Medicaid, there is a
loophole in the law that says Max's coverage does not begin until the
beginning of the next month, so in his case, September 1, 2014. This
means that Max does not have health insurance for the month of August.

There are other situations that occur if you are born after the 15th
of the month. If you are born after the middle of the month, you will
not being coverage the first of the following month, but rather the
first of the next month. Example; Max Jr. was born on August 16, 2014,
he now doesn't have health insurance until October 1st, 2014.

Some families know about this gap in coverage and put their newborn on
a parent's plan, however not all families have that option.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect immediately.

2015-S4745 - Bill Text download pdf

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

                                  4745

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health  law,  in  relation  to  the  date  of
  enrollment in the child health insurance plan

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

  Section 1. Subparagraph (i) of  paragraph  (g)  of  subdivision  2  of
section  2511 of the public health law, as amended by section 29 of part
A of chapter 58 of the laws of 2007, is amended to read as follows:
  (i) Notwithstanding any inconsistent provision of law to the  contrary
and subject to the availability of federal financial participation under
title  XIX  of the federal social security act, a child under the age of
nineteen shall be presumed to  be  eligible  for  subsidy  payments  and
temporarily enrolled for coverage under this title, once during a twelve
month  period,  beginning  on  the  [first  day of the enrollment period
following the date that an  approved  organization  determines,  on  the
basis  of  preliminary  information, that a child's net household income
does not exceed the income level specified in title  eleven  of  article
five  of  the  social  services  law  for  children eligible for medical
assistance based on such child's age] DATE OF THE CHILD'S BIRTH, IF  THE
APPLICANT  FOR  INSURANCE  APPLIES PRIOR TO THE CHILD'S BIRTH, OR ON THE
DATE THE APPLICANT FOR INSURANCE APPLIES FOR COVERAGE IF THE APPLICATION
IS MADE AFTER THE CHILD'S BIRTH. The temporary enrollment  period  shall
continue  until  the earlier of the date an eligibility determination is
made pursuant to this title or title  eleven  of  article  five  of  the
social  services  law, or two months after the date temporary enrollment
begins; provided however, a temporary enrollment period may be  extended
in  the  event  an  eligibility  determination under this title or title
eleven of article five of the social services law  is  not  made  within
such  two  month  period through no fault of the applicant for insurance
for medical assistance. The commissioner shall assure that children  who

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10056-01-5

S. 4745                             2

are  enrolled pursuant to this paragraph receive the appropriate follow-
up for a determination of eligibility for benefits under this  title  or
title  eleven  of  article  five of the social services law prior to the
termination  of  the temporary enrollment period. The commissioner shall
assure that children and their families are informed  of  all  available
enrollment sites in accordance with subdivision nine of this section.
  S  2.  This act shall take effect immediately, provided, however, that
the amendments to paragraph (g) of section 2511 of the public health law
made by section one of this act shall not affect the expiration of  such
paragraph and shall be deemed to expire therewith.

2015-S4745A - Details

See Assembly Version of this Bill:: A7155
Law Section:: Public Health Law
Laws Affected:: Amd §2511, Pub Health L

2015-S4745A - Summary

2015-S4745A - Sponsor Memo

                                BILL NUMBER:S4745A

TITLE OF BILL:  An act to amend the public health law, in relation to
the date of enrollment in the child health insurance plan

PURPOSE:

To allow families who sign-up and are approved for Child Health Plus
prior to their child's birth, to have coverage take effect the day of
birth.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: PHL § 2511 (2)(g)(i) is amended to allow coverage under
Child Health Plus to take effect on the date of a child's birth, if
application is made prior to the child's birth and such application
has been approved by an approved organization, or on the date of
application if made after the birth of the child and such application
has been approved by an approved organization.

Section 2: Provides for an immediate effective date.

JUSTIFICATION:

Current provisions of the Public Health Law establishing the Child
Health Plus (CHP) program allow children to be presumed eligible and

temporarily enrolled under CHP, if, based on preliminary information
they appear to be meet income eligibility standards. Once enrolled,
coverage takes place on the first date of the enrollment period
following the date of a presumed eligibility determination; this
creates a coverage gap from the point of application that can be 30
days. This bill would correct that situation and provide coverage at
the point of eligibility determination consistent with other publicly
funded coverage programs.

Child Health Plus is a fantastic New York State all-inclusive health
insurance program created for MIDDLE CLASS families. The cost of a
child's monthly premium is determined by a cross section of the number
of people in the family and the family's income. Families can sign-up
their children at any point between birth and age eighteen. A family
can also complete all the paperwork prior to a child's birth and then
simply activate the plan when the child is born.

Current law sets a gap between the date of birth and the beginning
date of coverage, through no fault of the enrollee. Let's say Max Jr.
is born on August 3, 2014. His family knew they wanted to sign Max up
for Child Health Plus and they completed all the paperwork in July,
prior to his birth. His family calls on August 5th to activate his
account. Because Max does not qualify for Medicaid, there is a
loophole in the law that says Max's coverage does not begin until the
beginning of the next month, so in his case, September 1, 2014. This
means that Max does not have health insurance for the month of August.

There are other situations that occur if you are born after the 15th
of the month. If you are born after the middle of the month, you will
not being coverage the first of the following month, but rather the


first of the next month. Example; Max Jr. was born on August 16, 2014,
he now doesn't have health insurance until October 1st, 2014.

Some families know about this gap in coverage and put their newborn on
a parent's plan, however not all families have that option.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4745A - Bill Text download pdf

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

                                 4745--A
    Cal. No. 1282

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee, ordered to first and second  report,  amended
  on  second  report, ordered to a third reading, and to be reprinted as
  amended, retaining its place in the order of third reading

AN ACT to amend the public health  law,  in  relation  to  the  date  of
  enrollment in the child health insurance plan

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

  Section 1. Subparagraph (i) of  paragraph  (g)  of  subdivision  2  of
section  2511 of the public health law, as amended by section 29 of part
A of chapter 58 of the laws of 2007, is amended to read as follows:
  (i) Notwithstanding any inconsistent provision of law to the  contrary
and subject to the availability of federal financial participation under
title  XIX  of the federal social security act, a child under the age of
nineteen shall be presumed to  be  eligible  for  subsidy  payments  and
temporarily enrolled for coverage under this title, once during a twelve
month  period,  beginning  on  the  [first  day of the enrollment period
following the date that an  approved  organization  determines,  on  the
basis  of  preliminary  information, that a child's net household income
does not exceed the income level specified in title  eleven  of  article
five  of  the  social  services  law  for  children eligible for medical
assistance based on such child's age] DATE OF THE CHILD'S BIRTH, IF  THE
APPLICANT  FOR  INSURANCE APPLIED PRIOR TO THE CHILD'S BIRTH AN APPROVED
ORGANIZATION DETERMINES, ON THE BASIS OF PRELIMINARY  INFORMATION,  THAT
THE CHILD'S NET HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME LEVEL SPECI-
FIED  IN  TITLE  ELEVEN  OF  ARTICLE FIVE OF THE SOCIAL SERVICES LAW FOR
CHILDREN ELIGIBLE FOR MEDICAL ASSISTANCE BASED ON SUCH CHILD'S  AGE,  OR
ON  THE  DATE  THE  APPLICANT  FOR INSURANCE APPLIES FOR COVERAGE IF THE
APPLICATION IS MADE AFTER THE CHILD'S BIRTH AND AN APPROVED ORGANIZATION
DETERMINES, ON THE BASIS OF PRELIMINARY INFORMATION,  THAT  THE  CHILD'S

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

                                                           LBD10056-04-5

S. 4745--A                          2

NET HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME LEVEL SPECIFIED IN TITLE
ELEVEN  OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW FOR CHILDREN ELIGIBLE
FOR MEDICAL ASSISTANCE BASED ON SUCH CHILD'S AGE.  The temporary enroll-
ment  period shall continue until the earlier of the date an eligibility
determination is made pursuant to this title or title eleven of  article
five  of the social services law, or two months after the date temporary
enrollment begins; provided however, a temporary enrollment  period  may
be  extended  in the event an eligibility determination under this title
or title eleven of article five of the social services law is  not  made
within  such  two  month  period  through  no fault of the applicant for
insurance for medical assistance. The  commissioner  shall  assure  that
children  who are enrolled pursuant to this paragraph receive the appro-
priate follow-up for a determination of eligibility for  benefits  under
this  title  or  title eleven of article five of the social services law
prior to the termination of the temporary enrollment period. The commis-
sioner shall assure that children and their families are informed of all
available enrollment sites in accordance with subdivision nine  of  this
section.
  S  2.  This act shall take effect immediately, provided, however, that
the amendments to paragraph (g) of subdivision 2 of section 2511 of  the
public  health  law made by section one of this act shall not affect the
expiration of such paragraph and shall be deemed to expire therewith.

co-Sponsors

2015-S4745B (ACTIVE) - Details

See Assembly Version of this Bill:: A7155
Law Section:: Public Health Law
Laws Affected:: Amd §2511, Pub Health L

2015-S4745B (ACTIVE) - Summary

2015-S4745B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4745B

TITLE OF BILL:  An act to amend the public health law, in relation to
the date of enrollment in the child health insurance plan

PURPOSE: To allow families who sign-up and are approved for Child
Health Plus prior to or within sixty days of their child's birth, to
have coverage take effect the day of birth.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 and 2 amends PHL § 2511, to
allow coverage under Child Health Plus to take effect on the date of a
child's birth, if application is made prior to or within sixty days of
the child's birth and such application has been approved by an
approved organization.

Section 3: Provides the effective date.

JUSTIFICATION:  Current provisions of the Public Health Law
establishing the Child Health Plus (CHP) program allow children to be
presumed eligible and temporarily enrolled under CHP, if, based on
preliminary information they appear to be meet income eligibility
standards. Once enrolled, coverage takes place on the first date of
the enrollment period following the date of a presumed eligibility
determination; this creates a coverage gap from the point of
application that can be 30 days. This bill would correct that
situation and provide coverage at the point of eligibility

determination consistent with other publicly funded coverage programs.

Child Health Plus is a fantastic New York State all-inclusive health
insurance program created for MIDDLE CLASS families. The cost of a
child's monthly premium is determined by a cross section of the number
of people in the family and the family's income. Families can sign-up
their children at any point between birth and age eighteen. A family
can also complete all the paperwork prior to a child's birth and then
simply activate the plan when the child is born.

Current law sets a gap between the date of birth and the beginning
date of coverage, through no fault of the enrollee. Let's say Max Jr.
is born on August 3, 2014. His family knew they wanted to sign Max up
for Child Health Plus and they completed all the paperwork in July,
prior to his birth. His family calls on August 5th to activate his
account. Because Max does not qualify for Medicaid, there is a
loophole in the law that says Max's coverage does not begin until the
beginning of the next month, so in his case, September 1, 2014. This
means that Max does not have health insurance for the month of August.

There are other situations that occur if you are born after the 15th
of the month. If you are born after the middle of the month, you will
not being coverage the first of the following month, but rather the
first of the next month. Example; Max Jr. was born on August 16, 2014,
he now doesn't have health insurance until October 1st, 2014.

Some families know about this gap in coverage and put their newborn on
a parent's plan, however not all families have that option.

PRIOR LEGISLATIVE HISTORY: New Bill.


FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect January 1, 2016.

2015-S4745B (ACTIVE) - Bill Text download pdf

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

                                 4745--B
    Cal. No. 1282

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee, ordered to first and second  report,  amended
  on  second  report, ordered to a third reading, and to be reprinted as
  amended, retaining its place in the order of third  reading  --  again
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the public health  law,  in  relation  to  the  date  of
  enrollment in the child health insurance plan

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

  Section 1. Subparagraph (i) of  paragraph  (g)  of  subdivision  2  of
section  2511 of the public health law, as amended by section 29 of part
A of chapter 58 of the laws of 2007, is amended to read as follows:
  (i) Notwithstanding any inconsistent provision of law to the  contrary
and subject to the availability of federal financial participation under
title  XIX  of the federal social security act, a child under the age of
nineteen shall be presumed to  be  eligible  for  subsidy  payments  and
temporarily enrolled for coverage under this title, once during a twelve
month  period,  beginning  on  the  first  day  of the enrollment period
following the date that an  approved  organization  determines,  on  the
basis  of  preliminary  information, that a child's net household income
does not exceed the income level specified in title  eleven  of  article
five  of  the  social  services  law  for  children eligible for medical
assistance based on such child's age. PROVIDED, HOWEVER, IN THE CASE  OF
A  NEWBORN  CHILD,  THE  ELIGIBILITY  FOR SUBSIDY PAYMENTS AND TEMPORARY
ENROLLMENT SHALL BE THE DATE OF THE CHILD'S BIRTH IF THE  APPLICANT  FOR
INSURANCE  APPLIED PRIOR TO THE CHILD'S BIRTH OR WITHIN SIXTY DAYS AFTER
THE CHILD'S BIRTH, AND AN APPROVED ORGANIZATION, OR THE STATE ENROLLMENT
CENTER, DETERMINES, ON THE BASIS OF PRELIMINARY  INFORMATION,  THAT  THE
CHILD'S  NET HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME LEVEL SPECIFIED

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

                                                           LBD10056-10-5

S. 4745--B                          2

IN THIS TITLE FOR CHILDREN  ELIGIBLE  FOR  PREMIUM  SUBSIDY  UNDER  THIS
TITLE.  The temporary enrollment period shall continue until the earlier
of  the date an eligibility determination is made pursuant to this title
or  title  eleven  of  article  five  of the social services law, or two
months after the date temporary enrollment begins; provided  however,  a
temporary  enrollment period may be extended in the event an eligibility
determination under this title or title eleven of article  five  of  the
social  services law is not made within such two month period through no
fault of the applicant for insurance for medical assistance. The commis-
sioner shall assure that children who  are  enrolled  pursuant  to  this
paragraph  receive  the  appropriate  follow-up  for  a determination of
eligibility for benefits under this title or  title  eleven  of  article
five  of  the social services law prior to the termination of the tempo-
rary enrollment period. The commissioner shall assure that children  and
their families are informed of all available enrollment sites in accord-
ance with subdivision nine of this section.
  S  2. Section 2511 of the public health law is amended by adding a new
subdivision 5-b to read as follows:
  5-B. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,  AND
EXCEPT  AS PROVIDED IN PARAGRAPH (G) OF SUBDIVISION TWO OF THIS SECTION,
THE EFFECTIVE DATE OF COVERAGE UNDER THIS TITLE SHALL BE THE DATE OF THE
CHILD'S BIRTH IF THE  APPLICANT  FOR  INSURANCE  APPLIED  PRIOR  TO  THE
CHILD'S BIRTH OR WITHIN SIXTY DAYS AFTER THE CHILD'S BIRTH.
  S 3. This act shall take effect on January 1, 2016, provided, however,
that the amendments to paragraph (g) of subdivision 2 of section 2511 of
the  public  health law made by section one of this act shall not affect
the expiration of such paragraph and shall be deemed to expire therewith
and provided, further that subdivision 5-b of section 2511 of the public
health law as added by section two of  this  act  shall  expire  and  be
deemed  repealed  on  the same date as paragraph (g) of subdivision 2 of
such section expires pursuant to chapter 2  of  the  laws  of  1998,  as
amended.

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Senate Bill S4745B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 17, 2015 - Floor Vote

Floor Vote: Jun 17, 2015

Jun 2, 2015 - Health Committee Vote

Health Committee Vote: Jun 2, 2015

Bill Amendments

2015-S4745 - Details

2015-S4745 - Summary

2015-S4745 - Sponsor Memo

2015-S4745 - Bill Text download pdf

2015-S4745A - Details

2015-S4745A - Summary

2015-S4745A - Sponsor Memo

2015-S4745A - Bill Text download pdf

co-Sponsors

2015-S4745B (ACTIVE) - Details

2015-S4745B (ACTIVE) - Summary

2015-S4745B (ACTIVE) - Sponsor Memo

2015-S4745B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4745B

Share this bill

Sponsored By

Rich Funke

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2015-S4745 - Details

2015-S4745 - Summary

2015-S4745 - Sponsor Memo

2015-S4745 - Bill Text download pdf

2015-S4745A - Details

2015-S4745A - Summary

2015-S4745A - Sponsor Memo

2015-S4745A - Bill Text download pdf

co-Sponsors

Kathleen A. Marchione

2015-S4745B (ACTIVE) - Details

2015-S4745B (ACTIVE) - Summary

2015-S4745B (ACTIVE) - Sponsor Memo

2015-S4745B (ACTIVE) - Bill Text download pdf

Comments