NY State Senate Bill 2015-S2972A

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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
Feb 08, 2016	print number 2972a
Feb 08, 2016	amend and recommit to mental health and developmental disabilities
Jan 06, 2016	referred to mental health and developmental disabilities
Jan 30, 2015	referred to mental health and developmental disabilities

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S2972 - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.43, Ment Hyg L
Versions Introduced in 2013-2014 Legislative Session:: S7431

2015-S2972 - Summary

Relates to increasing housing opportunities for people with developmental disabilities.

2015-S2972 - Sponsor Memo

                                BILL NUMBER:S2972

TITLE OF BILL:

An act to amend the mental hygiene law, in relation to integrated
housing for individuals with developmental disabilities

PURPOSE OR GENERAL IDEA OF BILL:

This legislation would require the commissioner of the office of
people with developmental disabilities (OPWDD), in consultation with
the developmental disabilities advisory council, the department of
health, the division of housing and community renewal, and the most
integrated settings coordinating council and other agencies as
determined appropriate by the commissioner to establish a plan to
increase integrated housing opportunities for people with
developmental disabilities and to annually update this integrated
housing plan.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the mental hygiene law by adding a new section 13.43
to require the commissioner of OPWDD in consultation with other
appropriate stakeholders to establish a plan to increase the housing
opportunities for people with developmental disabilities and to report
annually to the Legislature on the effectiveness of the plan.

Section 2 provides for an immediate effective date

JUSTIFICATION:

The state of New York and the Federal Government have entered into a
Transformation Agreement. As part of this agreement the state has
agreed to close its remaining developmental centers and agreed to
transfer over 6700 individuals from institutional settings to more
integrated community based settings. This includes nearly 1000
individuals who resided in campus based developmental centers and 5700
individuals currently residing in community-based ICF/IDD
institutions. New York is also required to increase the availability
of supportive housing options for this population.

This agreement does not begin to address the very real challenges the
state faces in transforming housing opportunities to meet the housing
needs of people with developmental disabilities. In addition to the
closure of virtually all residential options of an institutional
nature, these challenges include aging caregivers, a growing
school-age population and the need to develop housing compliant with
the Americans with Disability Act's most integrated setting mandate.
Continued reliance on the type of disability-specific residential
setting which has been the mainstay of housing development for this
population over the past 30 years is no longer fiscally sustainable or
legally acceptable. The federal government is requiring states to
develop a range of different housing options. Options cannot just be
living with aging parents and sibling caregivers or living in a group
home.


In terms of aging caregivers, it is estimated that nearly 50,000
individuals with DD are living with caregivers aged 60 or older in New
York State. These aging caregivers are increasingly unable to care for
their special needs adult children and these 50,000 adults with DD are
most at risk of homelessness or crisis placement should their family
caregiver pass away. New York also faces a growing number of students
with disabilities who are aging out of the educational system. Over
2800 students with severe cognitive disabilities are aging out of the
educational system each year and these individuals are going to want
to live more integrated lives in the community.

Meanwhile, there continues to be a large number of individuals seeking
more independent housing opportunities away from parental homes and
away from aging family caregivers. As of April of 2013, OPWDD had
identified over 12,000 individuals with developmental disabilities
seeking residential opportunities. 4200 individuals were seeking a
residential opportunity ASAP. While the term "wait-list is no longer
"politically correct" and there is a need to refine and update this
"residential registry", the data does provide an indication of the
number of individuals seeking a choice of different housing options.

It is clear the past approach to housing for this population, which
relied heavily upon the use of traditional disability-specific 24-hour
care residences can no longer support the housing choices these
individuals want or need. The State needs a plan moving forward. In
its required submissions to the Federal Government, OPWDD has already
outlined goals and strategies for improving housing options. This
legislation will permit the state to develop a comprehensive
integrated housing plan and involve all stakeholders in its
development and implementation. It will also allow the Legislature and
the Executive to make informed policy judgments relative to
appropriate funding levels and mix of housing opportunities in New
York.

PRIOR LEGISLATIVE HISTORY:

2014: S.7431 Passed Senate

FISCAL IMPLICATIONS:

To be determined. OPWDD has already begun the development of the plan
as part of a July 2013 submission to the federal CMS.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2972 - Bill Text download pdf

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

                                  2972

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced  by  Sens. YOUNG, ORTT -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Mental  Health  and
  Developmental Disabilities

AN  ACT to amend the mental hygiene law, in relation to integrated hous-
  ing for individuals with developmental disabilities

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

  Section  1.  The mental hygiene law is amended by adding a new section
13.43 to read as follows:
S 13.43 INTEGRATED HOUSING PLAN.
  (A) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, THE MOST INTEGRATED SETTINGS COORDINATING COUNCIL
AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER,  SHALL
ESTABLISH  A  PLAN  TO  INCREASE  HOUSING  OPPORTUNITIES FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES. THE PLAN SHALL INCLUDE, BUT NOT  BE  LIMITED
TO:
  (1)  THE  CREATION  AND  MAINTENANCE OF AN INVENTORY OF AFFORDABLE AND
ACCESSIBLE RENTAL UNITS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
AND
  (2) IDENTIFICATION OF STRATEGIES TO FACILITATE  INDIVIDUALS  RECEIVING
OR ELIGIBLE FOR HOME AND COMMUNITY BASED (HCBS) WAIVERS TO LIVE IN THEIR
OWN  HOME,  LEASED  APARTMENT OR FAMILY'S HOME, WHEN SUCH A PLACEMENT IS
THEIR INFORMED CHOICE AND THE MOST  INTEGRATED  SETTING  APPROPRIATE  TO
THEIR NEEDS. ANY SUCH STRATEGIES AT A MINIMUM SHALL ADDRESS:
  (I)  FACILITATING  OPPORTUNITIES  FOR  INDIVIDUALS  WITH DEVELOPMENTAL
DISABILITIES, INCLUDING STUDENTS TRANSITIONING FROM EDUCATIONAL PROGRAMS
TO LIVE INDEPENDENTLY IN THEIR OWN HOME OR APARTMENT AND AWAY FROM THEIR
PARENTAL HOME;
  (II) INCREASING THE STOCK OF AFFORDABLE AND  ACCESSIBLE  RENTAL  UNITS
FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05939-01-5

S. 2972                             2

  (III) INCREASING AND EXPANDING ACCESS TO RENTAL SUBSIDIES FOR INDIVID-
UALS WITH DEVELOPMENTAL DISABILITIES;
  (IV)  BUILDING  UNDERSTANDING  AND  AWARENESS  OF INFORMED CHOICES FOR
INDEPENDENT LIVING AMONG INDIVIDUALS  WITH  DEVELOPMENTAL  DISABILITIES,
FAMILIES,  PUBLIC  AND  PRIVATE  ORGANIZATIONS,  DEVELOPERS AND MEDICAID
SERVICE COORDINATORS;
  (V) REVIEWING AND EVALUATING POTENTIAL FEDERAL AND STATE POLICY CHANG-
ES THAT WILL FACILITATE INCREASED ACCESS AND  AVAILABILITY  OF  SERVICES
AND  SUPPORTS  THAT PERMIT INDIVIDUALS TO CHOOSE MORE INDEPENDENT LIVING
OPTIONS; AND
  (VI) ASSESSING AND ADVANCING COORDINATED PLAN IMPLEMENTATION.
  (B) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, THE MOST INTEGRATED SETTINGS COORDINATING COUNCIL
AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER,  SHALL
DEVELOP  THE  PLAN  WITH  INPUT FROM STAKEHOLDERS, INCLUDING INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES, PARENTS AND  GUARDIANS  OF  INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES, ADVOCATES AND PROVIDERS OF SERVICES FOR
INDIVIDUALS  WITH  DEVELOPMENTAL DISABILITIES, SUCH PLAN MAY INCLUDE THE
HOUSING TRANSFORMATION GOAL AND STRATEGIES IDENTIFIED  IN  THE  OFFICE'S
COST CONTAINMENT STRATEGY, SUBMITTED TO THE FEDERAL CENTERS FOR MEDICARE
AND  MEDICAID SERVICES, DATED JUNE FIRST, TWO THOUSAND THIRTEEN, AND ANY
REQUIRED UPDATES THEREOF SUBMITTED TO SUCH CENTERS THEREAFTER.
  (C) THE PLAN REQUIRED PURSUANT TO THIS SECTION SHALL BE DEVELOPED  AND
SUBMITTED  TO  THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY AND THE CHAIRS OF  APPROPRIATE  SENATE  AND  ASSEMBLY  STANDING
COMMITTEES,  AND  POSTED ON THE WEBSITE OF THE OFFICE ON OR BEFORE APRIL
FIRST, TWO THOUSAND SIXTEEN. SUCH PLAN SHALL BE REASSESSED  AND  UPDATED
AT LEAST ANNUALLY THEREAFTER, ON OR BEFORE THE THIRTY-FIRST DAY OF JANU-
ARY,  TO  ENSURE  RESPONSIVENESS TO CHANGING NEEDS AND GOALS, TO REFLECT
THE DEVELOPMENT OF NEW INFORMATION, AND TO REFLECT ACHIEVEMENT OF  HOUS-
ING  TRANSFORMATION  GOALS,  EVALUATION OF SUCCESSFUL INTEGRATED HOUSING
STRATEGIES AND MILESTONES TO MEET INTEGRATED HOUSING GOALS. SUCH UPDATED
PLAN SHALL BE POSTED ON THE WEBSITE OF THE OFFICE, AND SUBMITTED TO  THE
TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY.
  S 2. This act shall take effect immediately.

co-Sponsors

2015-S2972A (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.43, Ment Hyg L
Versions Introduced in 2013-2014 Legislative Session:: S7431

2015-S2972A (ACTIVE) - Summary

Relates to increasing housing opportunities for people with developmental disabilities.

2015-S2972A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2972A

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to integrated housing for individuals with developmental disabilities

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation would require the commissioner of the office of
people with developmental disabilities (OPWDD), in consultation with
the developmental disabilities advisory council, the department of
health, the division of housing and community renewal, and the most
integrated settings coordinating council and other agencies as
determined appropriate by the commissioner to establish a plan to
increase integrated housing opportunities for people with
developmental disabilities and to annually update this integrated
housing plan.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends the mental hygiene law by adding a new section 13.43
to require the commissioner of OPWDD in consultation with other
appropriate stakeholders to establish a plan to increase the housing
opportunities for people with developmental disabilities and to report
annually to the Legislature on the effectiveness of the plan.

Section 2 provides for an immediate effective date.

 JUSTIFICATION :

The state of New York and the Federal Government have entered into a
Transformation Agreement. As part of this agreement the state has
agreed to close its remaining developmental centers and agreed to
transfer over 6700 individuals from institutional settings to more
integrated community based settings. This includes nearly 1000
individuals who resided in campus based developmental centers and 5700
individuals currently residing in community-based ICF/IDD
institutions. New York is also required to increase the availability
of supportive housing options for this population.

This agreement does not begin to address the very real challenges the
state faces in transforming housing opportunities to meet the housing
needs of people with developmental disabilities. In addition to the
closure of virtually all residential options of an institutional
nature, these challenges include aging caregivers, a growing
school-age population and the need to develop housing compliant with
the Americans with Disability Act's most integrated setting mandate.
Continued reliance on the type of disability-specific residential
setting which has been the mainstay of housing development for this
population over the past 30 years is no longer fiscally sustainable or
legally acceptable. The federal government is requiring states to
develop a range of different housing options. Options cannot just be
living with aging parents and sibling caregivers or living in a group
home.

In terms of aging caregivers, it is estimated that nearly 50,000
individuals with DD are living with caregivers aged 60 or older in New
York State. These aging caregivers are increasingly unable to care for
their special needs adult children and these 50,000 adults with DD are
most at risk of homelessness or crisis placement should their family
caregiver pass away. New York also faces a growing number of students
with disabilities who are aging out of the educational system. Over
2800 students with severe cognitive disabilities are aging out of the
educational system each year and these individuals are going to want
to live more integrated lives in the community.


Meanwhile, there continues to be a large number of individuals seeking
more independent housing opportunities away from parental homes and
away from aging family caregivers. As of April of 2013, OPWDD had
identified over 12,000 individuals with developmental disabilities
seeking residential opportunities. 4200 individuals were seeking a
residential opportunity ASAP. While the term "wait-list is no longer
"politically correct" and there is a need to refine and update this
"residential registry", the data does provide an indication of the
number of individuals seeking a choice of different housing options.

It is clear the past approach to housing for this population, which
relied heavily upon the use of traditional disability-specific 24-hour
care residences can no longer support the housing choices these
individuals want or need. The State needs a plan moving forward. In
its required submissions to the Federal Government, OPWDD has already
outlined goals and strategies for improving housing options. This
legislation will permit the state to develop a comprehensive
integrated housing plan and involve all stakeholders in its
development and implementation. It will also allow the Legislature and
the Executive to make informed policy judgments relative to
appropriate funding levels and mix of housing opportunities in New
York.

 PRIOR LEGISLATIVE HISTORY :

2015: S.2977 Referred to Mental Health and Developmental Disabilities
2014: S.7431 Passed Senate

 FISCAL IMPLICATIONS :

To be determined. OPWDD has already begun the development of the plan
as part of a July 2013 submission to the federal CMS.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S2972A (ACTIVE) - Bill Text download pdf

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

                                 2972--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced  by Sens. YOUNG, FUNKE, GALLIVAN, KENNEDY, ORTT -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Mental Health and Developmental Disabilities -- recommitted to  the
  Committee  on  Mental Health and Developmental Disabilities in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to integrated  hous-
  ing for individuals with developmental disabilities

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

  Section 1. The mental hygiene law is amended by adding a  new  section
13.43 to read as follows:
S 13.43 INTEGRATED HOUSING PLAN.
  (A) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, THE MOST INTEGRATED SETTINGS COORDINATING COUNCIL
AND  OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER, SHALL
ESTABLISH A PLAN TO  INCREASE  HOUSING  OPPORTUNITIES  FOR  PEOPLE  WITH
DEVELOPMENTAL  DISABILITIES.  THE PLAN SHALL INCLUDE, BUT NOT BE LIMITED
TO:
  (1) THE CREATION AND MAINTENANCE OF AN  INVENTORY  OF  AFFORDABLE  AND
ACCESSIBLE RENTAL UNITS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
AND
  (2)  IDENTIFICATION  OF STRATEGIES TO FACILITATE INDIVIDUALS RECEIVING
OR ELIGIBLE FOR HOME AND COMMUNITY BASED (HCBS) WAIVERS TO LIVE IN THEIR
OWN HOME, LEASED APARTMENT OR FAMILY'S HOME, WHEN SUCH  A  PLACEMENT  IS
THEIR  INFORMED  CHOICE  AND  THE MOST INTEGRATED SETTING APPROPRIATE TO
THEIR NEEDS. ANY SUCH STRATEGIES AT A MINIMUM SHALL ADDRESS:
  (I) FACILITATING  OPPORTUNITIES  FOR  INDIVIDUALS  WITH  DEVELOPMENTAL
DISABILITIES, INCLUDING STUDENTS TRANSITIONING FROM EDUCATIONAL PROGRAMS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05939-03-6

S. 2972--A                          2

TO LIVE INDEPENDENTLY IN THEIR OWN HOME OR APARTMENT AND AWAY FROM THEIR
PARENTAL HOME;
  (II)  INCREASING  THE  STOCK OF AFFORDABLE AND ACCESSIBLE RENTAL UNITS
FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
  (III) INCREASING AND EXPANDING ACCESS TO RENTAL SUBSIDIES FOR INDIVID-
UALS WITH DEVELOPMENTAL DISABILITIES;
  (IV) BUILDING UNDERSTANDING AND  AWARENESS  OF  INFORMED  CHOICES  FOR
INDEPENDENT  LIVING  AMONG  INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
FAMILIES, PUBLIC AND  PRIVATE  ORGANIZATIONS,  DEVELOPERS  AND  MEDICAID
SERVICE COORDINATORS;
  (V) REVIEWING AND EVALUATING POTENTIAL FEDERAL AND STATE POLICY CHANG-
ES  THAT  WILL  FACILITATE INCREASED ACCESS AND AVAILABILITY OF SERVICES
AND SUPPORTS THAT PERMIT INDIVIDUALS TO CHOOSE MORE  INDEPENDENT  LIVING
OPTIONS; AND
  (VI) ASSESSING AND ADVANCING COORDINATED PLAN IMPLEMENTATION.
  (B) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, THE MOST INTEGRATED SETTINGS COORDINATING COUNCIL
AND  OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER, SHALL
DEVELOP THE PLAN WITH INPUT  FROM  STAKEHOLDERS,  INCLUDING  INDIVIDUALS
WITH  DEVELOPMENTAL  DISABILITIES,  PARENTS AND GUARDIANS OF INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES, ADVOCATES AND PROVIDERS OF SERVICES FOR
INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, SUCH PLAN MAY  INCLUDE  THE
HOUSING  TRANSFORMATION  GOAL  AND STRATEGIES IDENTIFIED IN THE OFFICE'S
COST CONTAINMENT STRATEGY, SUBMITTED TO THE FEDERAL CENTERS FOR MEDICARE
AND MEDICAID SERVICES, DATED JUNE FIRST, TWO THOUSAND THIRTEEN, AND  ANY
REQUIRED UPDATES THEREOF SUBMITTED TO SUCH CENTERS THEREAFTER.
  (C)  THE PLAN REQUIRED PURSUANT TO THIS SECTION SHALL BE DEVELOPED AND
SUBMITTED TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF  THE
ASSEMBLY  AND  THE  CHAIRS  OF  APPROPRIATE SENATE AND ASSEMBLY STANDING
COMMITTEES, AND POSTED ON THE WEBSITE OF THE OFFICE ON OR  BEFORE  APRIL
FIRST, TWO THOUSAND SEVENTEEN. SUCH PLAN SHALL BE REASSESSED AND UPDATED
AT LEAST ANNUALLY THEREAFTER, ON OR BEFORE THE THIRTY-FIRST DAY OF JANU-
ARY,  TO  ENSURE  RESPONSIVENESS TO CHANGING NEEDS AND GOALS, TO REFLECT
THE DEVELOPMENT OF NEW INFORMATION, AND TO REFLECT ACHIEVEMENT OF  HOUS-
ING  TRANSFORMATION  GOALS,  EVALUATION OF SUCCESSFUL INTEGRATED HOUSING
STRATEGIES AND MILESTONES TO MEET INTEGRATED HOUSING GOALS. SUCH UPDATED
PLAN SHALL BE POSTED ON THE WEBSITE OF THE OFFICE, AND SUBMITTED TO  THE
TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY.
  S 2. This act shall take effect immediately.

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Senate Bill S2972A

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Bill Amendments

co-Sponsors

2015-S2972 - Details

2015-S2972 - Summary

2015-S2972 - Sponsor Memo

2015-S2972 - Bill Text download pdf

co-Sponsors

2015-S2972A (ACTIVE) - Details

2015-S2972A (ACTIVE) - Summary

2015-S2972A (ACTIVE) - Sponsor Memo

2015-S2972A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2972A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Bill Amendments

co-Sponsors

2015-S2972 - Details

2015-S2972 - Summary

2015-S2972 - Sponsor Memo

2015-S2972 - Bill Text download pdf

co-Sponsors

2015-S2972A (ACTIVE) - Details

2015-S2972A (ACTIVE) - Summary

2015-S2972A (ACTIVE) - Sponsor Memo

2015-S2972A (ACTIVE) - Bill Text download pdf

Comments