NY State Senate Bill 2019-S5278A

Senate Bill S5278A

2019-2020 Legislative Session

Relates to establishing an electronic open auction public bond sale pilot program for certain municipalities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
May 08, 2019	print number 5278a
May 08, 2019	amend and recommit to local government
Apr 23, 2019	referred to local government

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S5278 - Details

See Assembly Version of this Bill:: A7288
Current Committee:: Senate Local Government
Law Section:: Local Finance Law
Laws Affected:: Add §58.20, Loc Fin L

2019-S5278 - Summary

Establishes an electronic open auction public bond sale pilot program for certain municipalities, to be administered by the municipality's chief fiscal officer and calls for an evaluation of the program annually.

2019-S5278 - Sponsor Memo

                                
 
BILL NUMBER: S5278

SPONSOR: MAY
 
TITLE OF BILL:  An act to amend the local finance law, in relation to
the establishment of an electronic open auction public bond sale pilot
program solely for certain municipalities; and providing for the repeal
of such provisions upon expiration thereof

 
PURPOSE:

The purpose of this bill is to establish a four year pilot program for
Onondaga County to sell municipal bonds via an open auction format
instead of by a closed bid format. Such open auction would be conducted
via an electronic means instead of being done in person. This pilot
program would be used to assess the financial and administrative advan-
tages of selling bonds via an open auction format by a nationally recog-
nized electronic securities bidding platform.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new Local Finance Law section, 58.20 to establish a

local electronic open auction public bond sale pilot program for Ononda-
ga County. The use of an open auction is entirely optional, and can be
utilized or not for each bond sale. This bill is very similar to Chapter
304 of the Laws of 2009, (Which established the Westchester County open
and closed auction pilot program). The bill enacts a new Local Finance
Law section 58.10 to establish a pilot program in Onondaga County for
open auctions.

Its provisions are as follows:

-Paragraph (a) adds a definitions section.

-Paragraph (b) establishes the open auction electronic public bond sale
pilot program for Onondaga County.

-Paragraph (c) provides that open auction electronic bidding will be
conducted through certain nationally recognized electronic securities
bidding services.

-Paragraph (d) states that, with certain exceptions, where the notice of
sale has specified that bids will only be accepted electronically, the
municipality shall not be obligated to receive paper bids.

-Paragraph (e) and (f) provides that the program shall be administered
by the municipality's chief fiscal officer.

-Paragraph (g) provides that the municipality's chief fiscal officer
shall continue to review the program to ensure its functionality and
profitability, and provides certain procedures and requirements for the
program's evaluation.

Section 2: This provision sunsets this pilot program two years after it
has been enacted.

 
JUSTIFICATION:

Currently, New York authorizes electronic bidding through Local Finance
Law section 58, but only permits closed bidding. There are now forty
states, including California, New Jersey, Ohio and Texas, that have
enacted legislation that allow municipalities to conduct public bond
sales through nationally recognized bidding firms, many of them by the
electronic bidding open auction format.

Open auctions are a cost saving tool that has allowed municipalities to
find lower interest rates and save money. With an average savings of 9
basis points per transaction, states such as California and Pennsylvania
that have the most experience with open auctions see savings as large as
21 basis points. When used with large bond offerings in other states,
open auctions have translated into millions of dollars in savings for
municipalities in other states that use open auctions. For example, the
Hanover Park Regional High School District in New Jersey saved approxi-
mately $63,000 on a $9.75 million bond.

Our local governments face the pressures of containing costs, and should
be encouraged to find cost savings when available. With the important
focus throughout the state on insuring financial efficiencies, munici-
palities must be given every possible tool to save money. This program
is entirely optional, for each bond sale, has no financial impact on the
state and requires nothing of the municipality, it simply grants the use
of another tool that has been developed as technology evolves.

 
LEGISLATIVE HISTORY:

New bill. Same-as A7288.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately and shall sunset two years after it goes into effect.

2019-S5278 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5278
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2019
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the local finance law, in relation to the  establishment
   of  an  electronic  open auction public bond sale pilot program solely
   for certain municipalities; and  providing  for  the  repeal  of  such
   provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The local finance law is amended by adding  a  new  section
 58.20 to read as follows:
   §  58.20 ELECTRONIC OPEN AUCTION PUBLIC BOND SALE PILOT PROGRAM; MUNI-
 CIPALITIES. A. AS USED IN THIS SECTION:
   1. "CLOSED AUCTION" MEANS A BOND SALE PROCEDURE THAT DOES NOT ALLOW  A
 BIDDER  TO RECEIVE INFORMATION WITH RESPECT TO THE STATUS OR RANK OF ITS
 BIDS PRIOR TO THE CONCLUSION OF THE BID SUBMISSION PERIOD.
   2. "MUNICIPALITY" MEANS THE COUNTY OF ONONDAGA.
   3. "NATIONALLY RECOGNIZED ELECTRONIC SECURITIES BIDDING SERVICE" MEANS
 A BIDDING SERVICE THAT IS RECOGNIZED NATIONALLY BY  MUNICIPAL  USERS  OF
 ELECTRONIC  SECURITIES BIDDING SERVICES AS PROVIDING AN ACCURATE, SECURE
 AND RELIABLE ON-LINE BIDDING SYSTEM.
   4. "OPEN AUCTION" MEANS A BOND SALE PROCEDURE THAT ALLOWS A BIDDER  TO
 RECEIVE INFORMATION WITH RESPECT TO THE STATUS OR RANK OF ITS BIDS PRIOR
 TO  THE  CONCLUSION  OF THE BID SUBMISSION PERIOD AND IMPROVE ITS BID BY
 SUBMITTING A BID AT A LOWER INTEREST RATE, AS A RESULT OF  THE  RECEIVED
 INFORMATION  IN  ACCORDANCE  WITH THE MUNICIPALITY'S NOTICE OF SUCH BOND
 SALE CIRCULATED IN ACCORDANCE WITH APPLICABLE REQUIREMENTS OF THIS CHAP-
 TER.
   5. "PROGRAM" MEANS THE ELECTRONIC OPEN AUCTION PUBLIC BOND SALE  PILOT
 PROGRAM ESTABLISHED PURSUANT TO THIS SECTION.
   B.  THERE IS HEREBY ESTABLISHED AN ELECTRONIC OPEN AUCTION PUBLIC BOND
 SALE PILOT PROGRAM SOLELY FOR MUNICIPALITIES, AUTHORIZING MUNICIPALITIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11143-01-9

 S. 5278                             2
 
 TO CONDUCT OPEN AUCTION PUBLIC BOND SALES THROUGH ANY NATIONALLY  RECOG-
 NIZED ELECTRONIC SECURITIES BIDDING SERVICE.
   C.  THE  CHIEF  FISCAL OFFICER OF A MUNICIPALITY MAY ACCEPT ELECTRONIC
 BIDS SUBMITTED  IN  THE  FORM  OF  OPEN  AUCTIONS  CONDUCTED  THROUGH  A
 NATIONALLY  RECOGNIZED ELECTRONIC SECURITIES BIDDING SERVICE WHICH SHALL
 BE DEEMED TO BE THE DESIGNATED RECEIVING DEVICE. NOTICE OF ANY BOND SALE
 SHALL PROVIDE FOR THE MANNER IN WHICH THE BID SUBMISSION PERIOD  MAY  BE
 EXTENDED AND THE BASIS FOR DETERMINATION OF THE WINNING BIDDER.
   D. NOTWITHSTANDING THE PROVISIONS OF SECTION THREE HUNDRED FIVE OF THE
 STATE  TECHNOLOGY LAW OR ANY OTHER LAW, THE NOTICE OF SALE MAY CONTAIN A
 PROVISION THAT BIDS WILL ONLY BE ACCEPTED ELECTRONICALLY IN  THE  MANNER
 PROVIDED IN SUCH NOTICE OF SALE.
   E.  THE  MUNICIPALITY'S  CHIEF  FISCAL  OFFICER  SHALL  ADMINISTER THE
 PROGRAM AND MAY UTILIZE THE PROGRAM IN ACCORDANCE WITH THE POWERS  HERE-
 TOFORE  OR HEREAFTER DELEGATED TO THE CHIEF FISCAL OFFICER BY THE LEGIS-
 LATIVE BODY OF THE MUNICIPALITY.  EXCEPT AS MODIFIED  BY  THIS  SECTION,
 EACH  MUNICIPAL  PROGRAM  SHALL  COMPLY  WITH THIS CHAPTER AND ALL OTHER
 APPLICABLE LAWS RELATED TO THE SALE OF BONDS.
   F. THE MUNICIPALITY'S CHIEF FISCAL OFFICER SHALL REVIEW THE ELECTRONIC
 OPEN AUCTION BIDDING PROCESS TO ENSURE THAT THE BOND SALE WAS  COMPLETED
 IN A TIMELY FASHION; AND THE SALE WAS COMPLETED WITHOUT ERRORS.
   G.  1. EACH MUNICIPALITY, OR TWO OR MORE MUNICIPALITIES ACTING JOINTLY
 OR IN COOPERATION WITH ANY ENTITY REPRESENTING MUNICIPALITIES, SHALL, ON
 OR  BEFORE  FEBRUARY  FIRST  OF EACH YEAR, CONDUCT ANNUAL EVALUATIONS OF
 THEIR PILOT PROGRAM OR PROGRAMS WITH A SUMMARY EVALUATION AT THE END  OF
 THE  TWO  YEAR  OPEN  AUCTION PILOT PROGRAM. THE MUNICIPALITY OR MUNICI-
 PALITIES SHALL SUBMIT THE EVALUATIONS TO THE STATE COMPTROLLER.
   2. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) THE  COST  OF
 USING AN OPEN AUCTION PLATFORM; (II) A BIDDING ACTIVITY REPORT DETAILING
 THE  WINNING  BIDDER,  THE  NUMBER  OF  BIDDERS, THE NUMBER OF BIDS, THE
 NUMBER OF BID IMPROVEMENTS, AND THE NUMBER  OF  AUCTION  EXTENSIONS  (IF
 ANY);  AND  (III)  ANY  SAVINGS  ACHIEVED  THROUGH THE OPEN AUCTION. ANY
 SAVINGS SHALL BE CALCULATED BY DETERMINING THE COST DIFFERENTIAL BETWEEN
 THE INITIAL BID SUBMITTED AND THE WINNING BID IN AN OPEN AUCTION. IF THE
 INITIAL BID SUBMITTED IS THE ULTIMATE  WINNING  BID,  THE  OPEN  AUCTION
 SAVINGS WOULD BE ZERO DOLLARS.
   3.  ANNUALLY,  THE STATE COMPTROLLER SHALL COMPILE ALL THE INFORMATION
 RECEIVED FROM MUNICIPALITIES PURSUANT TO  THIS  PARAGRAPH,  AND,  ON  OR
 BEFORE APRIL FIRST OF EACH YEAR, SUBMIT SUCH COMPILED INFORMATION TO THE
 LEGISLATURE,  THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY  LEADER  OF
 THE ASSEMBLY.
   §  2.  This act shall take effect immediately, and shall expire and be
 deemed repealed 2 years after such date.

co-Sponsors

2019-S5278A (ACTIVE) - Details

See Assembly Version of this Bill:: A7288
Current Committee:: Senate Local Government
Law Section:: Local Finance Law
Laws Affected:: Add §58.20, Loc Fin L

2019-S5278A (ACTIVE) - Summary

2019-S5278A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5278A

SPONSOR: MAY
 
TITLE OF BILL:  An act to amend the local finance law, in relation to
the establishment of an electronic open auction public bond sale pilot
program solely for certain municipalities; and providing for the repeal
of such provisions upon expiration thereof

 
PURPOSE:  The purpose of this bill is to establish a four year pilot
program for Onondaga County to sell municipal bonds via an open auction
format instead of by a closed bid format. Such open auction would be
conducted via an electronic means instead of being done in person.  This
pilot program would be used to assess the financial and administrative
advantages of selling bonds via an open auction format by a nationally
recognized electronic securities bidding platform.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new Local Finance Law section, 58.20 to establish a
local electronic open auction public bond sale pilot program for Ononda-
ga County. The use of an open auction is entirely optional, and can be

utilized or not for each bond sale. This bill is very similar to Chapter
304 of the Laws of 2009, (Which established the Westchester County open
and closed auction pilot program). The bill enacts a new Local Finance
Law section 58.10 to establish a pilot program in Onondaga County for
open auctions.

Its provisions are as follows:

-Paragraph (a) adds a definitions section.

-Paragraph (b) establishes the open auction electronic public bond sale
pilot program for Onondaga County.

-Paragraph (c) provides that open auction electronic bidding will be
conducted through certain nationally recognized electronic securities
bidding services.

-Paragraph (d) states that, with certain exceptions, where the notice of
sale has specified that bids will only be accepted electronically, the
municipality shall not be obligated to receive paper bids.

-Paragraph (e) and (f) provides that the program shall be administered
by the municipality's chief fiscal officer.

-Paragraph (g) provides that the municipality's chief fiscal officer
shall continue to review the program to ensure its functionality and
profitability, and provides certain procedures and requirements for the
program's evaluation.

Section 2: This provision sunsets this pilot program two years after it
has been enacted. *The amended bill removes the definition of "closed
auction" from the text.

 
JUSTIFICATION:

Currently, New York authorizes electronic bidding through Local finance
Law section 58, but only permits closed bidding. There are now forty
states, including California, New Jersey, Ohio and Texas, that have
enacted legislation that allow municipalities to conduct public bond
sales through nationally recognized bidding firms, many of them by the
electronic bidding open auction format.

Open auctions are a cost saving tool that has allowed municipalities to
find lower interest rates and save money. With an average savings of 9
basis points per transaction, states such as California and Pennsylvania
that have the most experience with open auctions see savings as large as
21 basis points. When used with large bond offerings in other states,
open auctions have translated into millions of dollars in savings for
municipalities in other states that use open auctions. For example, the
Hanover Park Regional High School District in New Jersey saved approxi-
mately $63,000 on a $9.75 million bond.

Our local governments face the pressures of containing costs, and should
be encouraged to find cost savings when available. With the important
focus throughout the state on insuring financial efficiencies, munici-
palities must be given every possible tool to save money. This program
is entirely optional, for each bond sale, has no financial impact on the
state and requires nothing of the a municipality, it simply grants the
use of another tool that has been developed as technology evolves.

 
LEGISLATIVE HISTORY:

New bill. Same-as A7288.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately and shall sunset two years after it goes into effect.

2019-S5278A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5278--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2019
                                ___________
 
 Introduced  by  Sens.  MAY, ANTONACCI -- read twice and ordered printed,
   and when printed to be committed to the Committee on Local  Government
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the local finance law, in relation to the  establishment
   of  an  electronic  open auction public bond sale pilot program solely
   for certain municipalities; and  providing  for  the  repeal  of  such
   provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The local finance law is amended by adding  a  new  section
 58.20 to read as follows:
   §  58.20 ELECTRONIC OPEN AUCTION PUBLIC BOND SALE PILOT PROGRAM; MUNI-
 CIPALITIES. A. AS USED IN THIS SECTION:
   1. "MUNICIPALITY" MEANS THE COUNTY OF ONONDAGA.
   2. "NATIONALLY RECOGNIZED ELECTRONIC SECURITIES BIDDING SERVICE" MEANS
 A BIDDING SERVICE THAT IS RECOGNIZED NATIONALLY BY  MUNICIPAL  USERS  OF
 ELECTRONIC  SECURITIES BIDDING SERVICES AS PROVIDING AN ACCURATE, SECURE
 AND RELIABLE ON-LINE BIDDING SYSTEM.
   3. "OPEN AUCTION" MEANS A BOND SALE PROCEDURE THAT ALLOWS A BIDDER  TO
 RECEIVE INFORMATION WITH RESPECT TO THE STATUS OR RANK OF ITS BIDS PRIOR
 TO  THE  CONCLUSION  OF THE BID SUBMISSION PERIOD AND IMPROVE ITS BID BY
 SUBMITTING A BID AT A LOWER INTEREST RATE, AS A RESULT OF  THE  RECEIVED
 INFORMATION  IN  ACCORDANCE  WITH THE MUNICIPALITY'S NOTICE OF SUCH BOND
 SALE CIRCULATED IN ACCORDANCE WITH APPLICABLE REQUIREMENTS OF THIS CHAP-
 TER.
   4. "PROGRAM" MEANS THE ELECTRONIC OPEN AUCTION PUBLIC BOND SALE  PILOT
 PROGRAM ESTABLISHED PURSUANT TO THIS SECTION.
   B.  THERE IS HEREBY ESTABLISHED AN ELECTRONIC OPEN AUCTION PUBLIC BOND
 SALE PILOT PROGRAM SOLELY FOR MUNICIPALITIES, AUTHORIZING MUNICIPALITIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11143-05-9

 S. 5278--A                          2
 
 TO CONDUCT OPEN AUCTION PUBLIC BOND SALES THROUGH ANY NATIONALLY  RECOG-
 NIZED ELECTRONIC SECURITIES BIDDING SERVICE.
   C.  THE  CHIEF  FISCAL OFFICER OF A MUNICIPALITY MAY ACCEPT ELECTRONIC
 BIDS SUBMITTED  IN  THE  FORM  OF  OPEN  AUCTIONS  CONDUCTED  THROUGH  A
 NATIONALLY  RECOGNIZED ELECTRONIC SECURITIES BIDDING SERVICE WHICH SHALL
 BE DEEMED TO BE THE DESIGNATED RECEIVING DEVICE. NOTICE OF ANY BOND SALE
 SHALL PROVIDE FOR THE MANNER IN WHICH THE BID SUBMISSION PERIOD  MAY  BE
 EXTENDED AND THE BASIS FOR DETERMINATION OF THE WINNING BIDDER.
   D. NOTWITHSTANDING THE PROVISIONS OF SECTION THREE HUNDRED FIVE OF THE
 STATE  TECHNOLOGY LAW OR ANY OTHER LAW, THE NOTICE OF SALE MAY CONTAIN A
 PROVISION THAT BIDS WILL ONLY BE ACCEPTED ELECTRONICALLY IN  THE  MANNER
 PROVIDED IN SUCH NOTICE OF SALE.
   E.  THE  MUNICIPALITY'S  CHIEF  FISCAL  OFFICER  SHALL  ADMINISTER THE
 PROGRAM AND MAY UTILIZE THE PROGRAM IN ACCORDANCE WITH THE POWERS  HERE-
 TOFORE  OR HEREAFTER DELEGATED TO THE CHIEF FISCAL OFFICER BY THE LEGIS-
 LATIVE BODY OF THE MUNICIPALITY.  EXCEPT AS MODIFIED  BY  THIS  SECTION,
 EACH  MUNICIPAL  PROGRAM  SHALL  COMPLY  WITH THIS CHAPTER AND ALL OTHER
 APPLICABLE LAWS RELATED TO THE SALE OF BONDS.
   F. THE MUNICIPALITY'S CHIEF FISCAL OFFICER SHALL REVIEW THE ELECTRONIC
 OPEN AUCTION BIDDING PROCESS TO ENSURE THAT THE BOND SALE WAS  COMPLETED
 IN A TIMELY FASHION; AND THE SALE WAS COMPLETED WITHOUT ERRORS.
   G.    1.  THE  MUNICIPALITY SHALL, ON OR BEFORE FEBRUARY FIRST OF EACH
 YEAR, CONDUCT ANNUAL EVALUATIONS OF ITS PILOT PROGRAM OR PROGRAMS WITH A
 SUMMARY EVALUATION AT THE  END  OF  THE  TWO  YEAR  OPEN  AUCTION  PILOT
 PROGRAM.  THE  MUNICIPALITY  SHALL  SUBMIT  THE EVALUATIONS TO THE STATE
 COMPTROLLER.
   2. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) THE  COST  OF
 USING AN OPEN AUCTION PLATFORM; (II) A BIDDING ACTIVITY REPORT DETAILING
 THE  WINNING  BIDDER,  THE  NUMBER  OF  BIDDERS, THE NUMBER OF BIDS, THE
 NUMBER OF BID IMPROVEMENTS, AND THE NUMBER  OF  AUCTION  EXTENSIONS  (IF
 ANY);  AND  (III)  ANY  SAVINGS  ACHIEVED  THROUGH THE OPEN AUCTION. ANY
 SAVINGS SHALL BE CALCULATED BY DETERMINING THE COST DIFFERENTIAL BETWEEN
 THE INITIAL BID SUBMITTED AND THE WINNING BID IN AN OPEN AUCTION. IF THE
 INITIAL BID SUBMITTED IS THE ULTIMATE  WINNING  BID,  THE  OPEN  AUCTION
 SAVINGS WOULD BE ZERO DOLLARS.
   3.  ANNUALLY,  THE STATE COMPTROLLER SHALL COMPILE ALL THE INFORMATION
 RECEIVED FROM MUNICIPALITIES PURSUANT TO  THIS  PARAGRAPH,  AND,  ON  OR
 BEFORE APRIL FIRST OF EACH YEAR, SUBMIT SUCH COMPILED INFORMATION TO THE
 LEGISLATURE,  THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY  LEADER  OF
 THE ASSEMBLY.
   §  2.  This act shall take effect immediately, and shall expire and be
 deemed repealed 2 years after such date.

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Senate Bill S5278A

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Sponsored By

Rachel May

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

co-Sponsors

Robert Antonacci

2019-S5278 - Details

2019-S5278 - Summary

2019-S5278 - Sponsor Memo

2019-S5278 - Bill Text download pdf

co-Sponsors

Robert Antonacci

2019-S5278A (ACTIVE) - Details

2019-S5278A (ACTIVE) - Summary

2019-S5278A (ACTIVE) - Sponsor Memo

2019-S5278A (ACTIVE) - Bill Text download pdf

Comments