NY State Senate Bill 2009-S8277

Senate Bill S8277

2009-2010 Legislative Session

Directs the division of veterans' affairs to establish and distribute a veterans' bill of rights, and to contract with veterans' services outreach programs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 24, 2010	print number 8277a
Jun 24, 2010	amend and recommit to rules
Jun 18, 2010	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

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2009-S8277 - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Add §§353-a & 361-c, Exec L
Versions Introduced in 2011-2012 Legislative Session:: S4769

2009-S8277 - Summary

Directs the division of veterans' affairs to establish and distribute a veterans' bill of rights, and to contract with veterans' services outreach programs.

2009-S8277 - Sponsor Memo

                                BILL NUMBER:S8277

TITLE OF BILL:

An act to amend the executive law, in relation to establishing a
"veterans' bill of rights" directing the division of veterans' affairs
to provide for the establishment and certification of veterans'
services outreach programs

PURPOSE:

Directs the division of veterans' affairs to establish and distribute
a veterans' bill of rights, and to contract with veterans' services
outreach programs

SUMMARY OF PROVISIONS:

Amends the executive law to add a new section 353-a to provide for a
veterans' bill of rights which the Division of Veterans' Affairs will
be responsible for establishing, printing, publishing, and
distributing. The section includes text that shall be included in the
bill of rights. The Division will be required to post the veterans'
bill of rights on their website, and distribute it in all offices of
the Division, at all local veterans' services agencies, and at every
veterans' services outreach program and at every state and local
agency which provides services, benefits or assistance to veterans.

Amends the executive law to add a new section 361-c to provide for
veterans' services outreach programs throughout the State. The
programs will provide veterans with information on, assistance with,
and referral to programs which provide services and benefits that
veterans are eligible to receive. The outreach programs will be
required to cooperate with veterans' agencies and local municipalities
and communities. The Division of Veterans' Affairs will contract with
and certify qualified not-for profit organizations to operate
veterans' services outreach programs given specified conditions and
application guidelines. The outreach programs shall provide services,
counseling, information and referral services to veterans based on
need or eligibility, including referral to agencies providing public
assistance benefits and services.

JUSTIFICATION:

According to the Division of Veterans' Affairs, to date, there are
approximately 988,217 veterans in New York State. Of these veterans,
there are around 85,000 New Yorkers who have participated in Operation
Enduring Freedom, Operation Iraqi Freedom, or both, since September
II, 200 I. These "new" veterans, as well as those who have admirably
served our country in the past, are not only mothers and fathers, but
contributing members of their communities who are expected to resume
their everyday lives upon return. These homecomings can only be
successful, if New York State's veterans are made aware of, and
provided with, the proper information and appropriate access to New
York State services and benefits.


What we now recognize is that, among other things, there is a higher
incidence of post traumatic stress syndrome, rate of suicide, and
depression, among returning soldiers than ever before. At this time,
the Division of Veterans' Affairs maintains 71 local points of access,
some full-time and others itinerant. Hypothetically, if each center
serviced an equal amount of veterans in our State, this would equate
to an overwhelming 13,918 servicemen and women per center. In light of
these numbers, it is vital that New York State increase the number of
veterans' centers in order to provide services, information,
assistance, and support, in an attempt to successfully meet the needs
of the veterans, their families, and their communities.

This bill will enable the Department of Veterans' Affairs to certify
not-for-profit organizations to serve as outreach programs in order to
expand the network of agencies aiding our veterans by utilizing
pre-existing infrastructure. Such programs will be charged with
providing veterans information on assistance, referrals, and
counseling. To that end, a Veterans' Bill of Rights will be
distributed to each veteran at all veterans' agencies and centers and
will be posted on the Division of Veterans' Affairs website. This will
educate our veterans on the benefits and assistance afforded to them
in this State, and will ensure that each veteran has the appropriate
assistance in his/her transition from active military duty to civilian
life.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

To be determined.

LOCAL FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided that effective
immediately, any action necessary to implement the provisions of this
act on its effective date are authorized to be completed on or before
such effective date.

2009-S8277 - Bill Text download pdf

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

                                  8277

                            I N  S E N A T E

                              June 18, 2010
                               ___________

Introduced  by Sens. HANNON, LARKIN, McDONALD, PADAVAN, BONACIC, DeFRAN-
  CISCO,  FLANAGAN,  FUSCHILLO,  LANZA,  LIBOUS,   LITTLE,   MARCELLINO,
  MAZIARZ, MORAHAN, NOZZOLIO, RANZENHOFER, ROBACH, SEWARD, VOLKER, YOUNG
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Rules

AN ACT to amend the executive law, in relation to establishing a "veter-
  ans'  bill  of  rights" directing the division of veterans' affairs to
  provide for the establishment and certification of veterans'  services
  outreach programs

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

  Section 1. The executive law is amended by  adding  two  new  sections
353-a and 361-c to read as follows:
  S  353-A.  VETERANS'  BILL OF RIGHTS. 1. THE DIVISION SHALL ESTABLISH,
PRINT, PUBLISH AND DISTRIBUTE A VETERANS' BILL OF RIGHTS. SUCH  BILL  OF
RIGHTS SHALL INCLUDE THE FOLLOWING OR SUBSTANTIALLY SIMILAR TEXT:
                        "VETERANS' BILL OF RIGHTS
  YOU AS A VETERAN HAVE A RIGHT:
  (A) TO APPLY FOR VETERANS' BENEFITS;
  (B) TO RECEIVE ASSISTANCE FROM YOUR LOCAL VETERANS' SERVICE AGENCY AND
THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS;
  (C)  TO  RECEIVE AN EXPLANATION OF THE SERVICES AND BENEFITS AVAILABLE
UNDER FEDERAL AND NEW YORK STATE LAWS, RULES AND REGULATIONS;
  (D) TO RECEIVE WRITTEN NOTICE AND AN EXPLANATION OF  THE  APPROVAL  OR
DENIAL  OF  YOUR APPLICATION FOR BENEFITS AVAILABLE UNDER NEW YORK STATE
LAW;
  (E) TO BE TREATED WITH DIGNITY AND RESPECT;
  (F) TO APPEAL ANY ADVERSE DETERMINATION OR DENIAL OF YOUR  APPLICATION
FOR SERVICES OR BENEFITS AVAILABLE UNDER NEW YORK STATE LAW;
  (G) TO EXPECT CONFIDENTIALITY;
  (H)  TO  RECEIVE FAIR AND EQUAL TREATMENT WITHOUT REGARD TO SEX, RACE,
RELIGION, DISABILITY, ETHNICITY OR NATIONAL ORIGIN; AND
  (I) TO BE INFORMED OF ASSISTANCE PROVIDED TO VETERANS IN THE STATE  OF
NEW YORK RELATING TO:

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

                                                           LBD17780-01-0

S. 8277                             2

  (1) COLLEGE ASSISTANCE,
  (2) MENTAL HEALTH COUNSELING,
  (3)  HEALTH  BENEFITS  INCLUDING,  BUT NOT LIMITED TO, WOMEN VETERANS'
HEALTH,
  (4) SEXUAL TRAUMA,
  (5) FAMILY ASSISTANCE PROGRAMS,
  (6) HOUSING,
  (7) DOMESTIC VIOLENCE,
  (8) SUICIDE PREVENTION, AND
  (9) SUPPORT GROUPS."
  2. THE DIVISION SHALL MAKE THE VETERANS' BILL OF RIGHTS  AVAILABLE  ON
THE  INTERNET  WEBSITE MAINTAINED BY THE DIVISION, AT ALL OFFICES OF THE
DIVISION, AT ALL LOCAL VETERANS' SERVICES AGENCIES, AT  EVERY  VETERANS'
SERVICES  OUTREACH  PROGRAM  AND  AT  EVERY STATE AND LOCAL AGENCY WHICH
PROVIDES SERVICES, BENEFITS OR ASSISTANCE TO VETERANS.
  S 361-C. VETERANS' SERVICES OUTREACH PROGRAMS. 1. THE  DIVISION  SHALL
PROVIDE  FOR  THE  ESTABLISHMENT OF VETERANS' SERVICES OUTREACH PROGRAMS
THROUGHOUT THE STATE. SUCH PROGRAMS SHALL PROVIDE VETERANS WITH INFORMA-
TION ON, ASSISTANCE WITH AND REFERRAL TO PROGRAMS WHICH PROVIDE SERVICES
AND BENEFITS THAT VETERANS  ARE  ELIGIBLE  TO  RECEIVE.  EACH  VETERANS'
SERVICES OUTREACH PROGRAM SHALL COOPERATE AND COORDINATE WITH, ON BEHALF
OF  VETERANS,  THE DIVISION, THE FEDERAL VETERANS' ADMINISTRATION, LOCAL
VETERANS' SERVICES AGENCIES, THE SURROUNDING MUNICIPALITIES AND COMMUNI-
TIES, AND STATE AND LOCAL AGENCIES WHICH PROVIDE SERVICES,  BENEFITS  OR
ASSISTANCE TO VETERANS.
  2. THE DIVISION SHALL CONTRACT WITH AND CERTIFY QUALIFIED NOT-FOR-PRO-
FIT  ORGANIZATIONS  FOR  THE  OPERATION  OF  VETERANS' SERVICES OUTREACH
PROGRAMS.  ANY NOT-FOR-PROFIT ORGANIZATION WITH QUALIFIED PERSONNEL, AND
SUITABLE FACILITIES, PROGRAMS AND  EXPERTISE  MAY  APPLY  TO  THE  STATE
DIRECTOR  FOR  CERTIFICATION  AS  A VETERANS' SERVICES OUTREACH PROGRAM.
SUCH APPLICATION SHALL BE SUBMITTED ON A FORM ESTABLISHED BY  THE  DIVI-
SION AND SHALL CONTAIN SUCH INFORMATION AND PROOF AS SHALL BE DETERMINED
TO  BE NECESSARY BY THE STATE DIRECTOR. UPON CERTIFICATION OF A NOT-FOR-
PROFIT ORGANIZATION AS A VETERANS' SERVICES OUTREACH PROGRAM, THE  DIVI-
SION  SHALL  ENTER  INTO  A  CONTRACT  WITH  SUCH  ORGANIZATION  FOR THE
PROVISION OF VETERANS' OUTREACH SERVICES.
  3. VETERANS' SERVICES OUTREACH PROGRAMS SHALL PROVIDE SERVICES,  COUN-
SELING,  INFORMATION  AND  REFERRAL SERVICES TO VETERANS TO THE GREATEST
EXTENT OF EACH VETERAN'S NEED  OR  ELIGIBILITY,  INCLUDING  REFERRAL  TO
AGENCIES PROVIDING PUBLIC ASSISTANCE BENEFITS AND SERVICES.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided  that  effec-
tive  immediately,  any  action necessary to implement the provisions of
this act on its effective date are authorized  to  be  completed  on  or
before such effective date.

co-Sponsors

View additional co-sponsors

2009-S8277A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Add §§353-a & 361-c, Exec L
Versions Introduced in 2011-2012 Legislative Session:: S4769

2009-S8277A (ACTIVE) - Summary

Directs the division of veterans' affairs to establish and distribute a veterans' bill of rights, and to contract with veterans' services outreach programs.

2009-S8277A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8277A

TITLE OF BILL:

An act
to amend the executive law, in relation to establishing a "veterans'
bill of rights" directing the division of veterans' affairs to provide
for the establishment and certification of veterans' services outreach
programs

PURPOSE:

Directs the division of veterans' affairs to establish and distribute
a veterans' bill of rights, and to contract with veterans' services
outreach programs

SUMMARY OF PROVISIONS:

Amends the executive law to add a new section 353-a to provide for a
veterans' bill of rights which the Division of Veterans' Affairs will
be responsible for establishing, printing, publishing, and
distributing.
The section includes text that shall be included in the bill of rights.
The Division will be required to post the veterans' bill of rights on
their website, and distribute it in all offices of the Division, at
all local veterans' services agencies, and at every veterans'

services outreach program and at every state and local agency which
provides services, benefits or assistance to veterans.

Amends the executive law to add a new section 361-c to provide for
veterans' services outreach programs throughout the State. The
programs will provide veterans with information on, assistance with,
and referral to programs which provide services and benefits that
veterans are eligible to receive. The outreach programs will be
required to cooperate with veterans' agencies and local
municipalities and communities. The Division of Veterans' Affairs
will contract with and certify qualified not-for-profit organizations
to operate veterans' services outreach programs given specified
conditions and application guidelines. The outreach programs shall
provide services, counseling, information and referral services to
veterans based on need or eligibility, including referral to agencies
providing public assistance benefits and services.

JUSTIFICATION:

According to the Division of Veterans' Affairs, to date, there are
approximately 988,217 veterans in New York State. Of these veterans,
there are around 85,000 New Yorkers who have participated in Operation
Enduring Freedom, Operation Iraqi Freedom, or both, since September
11, 2001. These "new" veterans, as well as those who have admirably
served our country in the past, are not only mothers and fathers, but
contributing members of their communities who are expected to

resume their everyday lives upon return. These homecomings can only
be successful, if New York State's veterans are made aware of, and
provided with, the proper information and appropriate access to New
York State services and benefits.

What we now recognize is that, among other things, there is a higher
incidence of post traumatic stress syndrome, rate of suicide, and
depression, among returning soldiers than ever before. At this time,
the Division of Veterans' Affairs maintains 71 local points of
access, some full-time and others itinerant. Hypothetically, if each
center serviced an equal amount of veterans in our State, this would
equate to an overwhelming 13,918 servicemen and women per center. In
light of these numbers, it is vital that New York State increase the
number of veterans' centers in order to provide services,
information, assistance, and support, in an attempt to successfully
meet the needs of the veterans, their families, and their communities.

This bill will enable the Department of Veterans' Affairs to certify
not-for-profit organizations to serve as outreach programs in order
to expand the network of agencies aiding our veterans by utilizing
pre-existing infrastructure. Such programs will be charged with
providing veterans information on assistance, referrals, and
counseling. To that end, a Veterans' Bill of Rights will be
distributed to each veteran at all veterans' agencies and centers and
will be posted on the Division of Veterans' Affairs website. This will
educate our veterans on the benefits and assistance afforded to them
in this State, and will ensure that each veteran has the appropriate
assistance in his/her transition from active military duty to
civilian life.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATION:

To be determined.

LOCAL FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:
The first of January next succeeding the date on which it shall
have become a law; provided that effective immediately, any action
necessary to implement the provisions of this act on its effective
date are authorized to be completed on or before such
effective date.

2009-S8277A (ACTIVE) - Bill Text download pdf

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

                                 8277--A

                            I N  S E N A T E

                              June 18, 2010
                               ___________

Introduced  by Sens. HANNON, LARKIN, McDONALD, PADAVAN, BONACIC, DeFRAN-
  CISCO,  FLANAGAN,  FUSCHILLO,  O. JOHNSON,  LANZA,  LAVALLE,   LIBOUS,
  LITTLE,  MARCELLINO,  MAZIARZ, MORAHAN, NOZZOLIO, RANZENHOFER, ROBACH,
  SEWARD, VOLKER, YOUNG -- read twice  and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on  Rules -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law, in relation to establishing a "veter-
  ans' bill of rights" directing the division of  veterans'  affairs  to
  provide  for the establishment and certification of veterans' services
  outreach programs

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

  Section  1.  The  executive  law is amended by adding two new sections
353-a and 361-c to read as follows:
  S 353-A. VETERANS' BILL OF RIGHTS. 1. THE  DIVISION  SHALL  ESTABLISH,
PRINT,  PUBLISH  AND DISTRIBUTE A VETERANS' BILL OF RIGHTS. SUCH BILL OF
RIGHTS SHALL INCLUDE THE FOLLOWING OR SUBSTANTIALLY SIMILAR TEXT:
                        "VETERANS' BILL OF RIGHTS
  YOU AS A VETERAN HAVE A RIGHT:
  (A) TO APPLY FOR VETERANS' BENEFITS;
  (B) TO RECEIVE ASSISTANCE FROM YOUR LOCAL VETERANS' SERVICE AGENCY AND
THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS;
  (C) TO RECEIVE AN EXPLANATION OF THE SERVICES AND  BENEFITS  AVAILABLE
UNDER FEDERAL AND NEW YORK STATE LAWS, RULES AND REGULATIONS;
  (D)  TO  RECEIVE  WRITTEN NOTICE AND AN EXPLANATION OF THE APPROVAL OR
DENIAL OF YOUR APPLICATION FOR BENEFITS AVAILABLE UNDER NEW  YORK  STATE
LAW;
  (E) TO BE TREATED WITH DIGNITY AND RESPECT;
  (F)  TO APPEAL ANY ADVERSE DETERMINATION OR DENIAL OF YOUR APPLICATION
FOR SERVICES OR BENEFITS AVAILABLE UNDER NEW YORK STATE LAW;
  (G) TO EXPECT CONFIDENTIALITY;
  (H) TO RECEIVE FAIR AND EQUAL TREATMENT WITHOUT REGARD TO  SEX,  RACE,
RELIGION, DISABILITY, ETHNICITY OR NATIONAL ORIGIN; AND

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

                                                           LBD17780-04-0

S. 8277--A                          2

  (I) TO BE INFORMED OF ASSISTANCE PROVIDED TO VETERANS RELATING TO:
  (1) COLLEGE ASSISTANCE,
  (2) MENTAL HEALTH COUNSELING,
  (3)  HEALTH  BENEFITS  INCLUDING,  BUT NOT LIMITED TO, WOMEN VETERANS'
HEALTH,
  (4) SEXUAL TRAUMA,
  (5) FAMILY ASSISTANCE PROGRAMS,
  (6) HOUSING,
  (7) DOMESTIC VIOLENCE,
  (8) SUICIDE PREVENTION, AND
  (9) SUPPORT GROUPS."
  2. THE DIVISION SHALL MAKE THE VETERANS' BILL OF RIGHTS  AVAILABLE  ON
THE  INTERNET  WEBSITE MAINTAINED BY THE DIVISION, AT ALL OFFICES OF THE
DIVISION, AT ALL LOCAL VETERANS' SERVICES AGENCIES, AT  EVERY  VETERANS'
SERVICES  OUTREACH  PROGRAM  AND  AT  EVERY STATE AND LOCAL AGENCY WHICH
PROVIDES SERVICES, BENEFITS OR ASSISTANCE TO VETERANS.
  S 361-C. VETERANS' SERVICES OUTREACH PROGRAMS. 1. THE  DIVISION  SHALL
PROVIDE  FOR  THE  ESTABLISHMENT OF VETERANS' SERVICES OUTREACH PROGRAMS
THROUGHOUT THE STATE. SUCH PROGRAMS SHALL PROVIDE VETERANS WITH INFORMA-
TION ON, ASSISTANCE WITH AND REFERRAL TO PROGRAMS WHICH PROVIDE SERVICES
AND BENEFITS THAT VETERANS  ARE  ELIGIBLE  TO  RECEIVE.  EACH  VETERANS'
SERVICES OUTREACH PROGRAM SHALL COOPERATE AND COORDINATE WITH, ON BEHALF
OF  VETERANS,  THE DIVISION, THE FEDERAL VETERANS' ADMINISTRATION, LOCAL
VETERANS' SERVICES AGENCIES, THE SURROUNDING MUNICIPALITIES AND COMMUNI-
TIES, AND STATE AND LOCAL AGENCIES WHICH PROVIDE SERVICES,  BENEFITS  OR
ASSISTANCE TO VETERANS.
  2. THE DIVISION SHALL CONTRACT WITH AND CERTIFY QUALIFIED NOT-FOR-PRO-
FIT  ORGANIZATIONS  FOR  THE  OPERATION  OF  VETERANS' SERVICES OUTREACH
PROGRAMS.  ANY NOT-FOR-PROFIT ORGANIZATION WITH QUALIFIED PERSONNEL, AND
SUITABLE FACILITIES, PROGRAMS AND  EXPERTISE  MAY  APPLY  TO  THE  STATE
DIRECTOR  FOR  CERTIFICATION  AS  A VETERANS' SERVICES OUTREACH PROGRAM.
SUCH APPLICATION SHALL BE SUBMITTED ON A FORM ESTABLISHED BY  THE  DIVI-
SION AND SHALL CONTAIN SUCH INFORMATION AND PROOF AS SHALL BE DETERMINED
TO  BE NECESSARY BY THE STATE DIRECTOR. UPON CERTIFICATION OF A NOT-FOR-
PROFIT ORGANIZATION AS A VETERANS' SERVICES OUTREACH PROGRAM, THE  DIVI-
SION  SHALL  ENTER  INTO  A  CONTRACT  WITH  SUCH  ORGANIZATION  FOR THE
PROVISION OF VETERANS' OUTREACH SERVICES.
  3. VETERANS' SERVICES OUTREACH PROGRAMS SHALL PROVIDE SERVICES,  COUN-
SELING,  INFORMATION  AND  REFERRAL SERVICES TO VETERANS TO THE GREATEST
EXTENT OF EACH VETERAN'S NEED  OR  ELIGIBILITY,  INCLUDING  REFERRAL  TO
AGENCIES  PROVIDING  PUBLIC  ASSISTANCE BENEFITS AND SERVICES.  HOWEVER,
UNDER NO CIRCUMSTANCES SHALL ANY SUCH PROGRAM ENGAGE IN  THE  ACCEPTANCE
OR  PROCESSING  OF  ANY  CLAIM FOR ASSISTANCE OR COMPENSATION, BUT SHALL
PROVIDE VETERANS WITH REFERRALS TO  THE  APPROPRIATE  AGENCIES  FOR  THE
PROCESSING OF ANY SUCH CLAIM.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided  that  effec-
tive  immediately,  any  action necessary to implement the provisions of
this act on its effective date is  authorized  to  be  completed  on  or
before such effective date.

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Senate Bill S8277

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2009-S8277 - Details

2009-S8277 - Summary

2009-S8277 - Sponsor Memo

2009-S8277 - Bill Text download pdf

co-Sponsors

2009-S8277A (ACTIVE) - Details

2009-S8277A (ACTIVE) - Summary

2009-S8277A (ACTIVE) - Sponsor Memo

2009-S8277A (ACTIVE) - Bill Text download pdf

Comments