NY State Senate Bill S4272B

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2012	referred to transportation delivered to assembly passed senate
Feb 06, 2012	amended on third reading 4272b
Jan 30, 2012	advanced to third reading
Jan 24, 2012	2nd report cal.
Jan 23, 2012	1st report cal.116
Jan 04, 2012	referred to transportation returned to senate died in assembly
Jun 15, 2011	referred to transportation delivered to assembly passed senate
Jun 02, 2011	amended on third reading 4272a
May 16, 2011	advanced to third reading
May 11, 2011	2nd report cal.
May 10, 2011	1st report cal.604
Mar 25, 2011	referred to transportation

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S4272 - Details

See Assembly Version of this Bill:: A10156
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§509-c, 509-cc & 510-a, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1519
2015-2016: S446
2017-2018: S1135

S4272 - Summary

Relates to restrictions on commercial driver's licenses; prohibits the issuance of such licenses to any person required to register as a sex offender.

S4272 - Sponsor Memo

BILL NUMBER:S4272

TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to restrictions
on commercial driver's licenses

PURPOSE:
This  legislation  would  place  a  restriction on renewing or issuing a
commercial driver's license to operate a school bus or passenger bus  to
any  individual  convicted  of  a  crime requiring registration as a sex
offender.

SUMMARY OF PROVISIONS:
The Vehicle and Traffic Law is amended to prohibit the  Commissioner  of
the  Department  of Motor Vehicles from issuing or renewing a commercial
driver's license to operate a passenger or school bus to any  individual
who is required to register as a sex offender under article six-C of the
correction law

JUSTIFICATION:
Registered  sex  offenders  should  not  be  granted commercial driver's
licenses to operate a school bus or a  passenger  bus.  Individuals  who
hold  a  commercial  drivers license to operate bus will come in contact
with vulnerable individuals and allows the  registered  sex  offender  a
greater ability to have incidents of recidivism.

This  legislation would prohibit sex offenders from holding a commercial
drivers license to operate a passenger or school bus and will provide  a
greater level of protection to the public from these individuals.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This  act  shall  take  effect on the one hundred twentieth day after it
shall have become a law; provided, however, that effective  immediately,
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized and directed to be made and completed on or before  such  effective
date.

S4272 - Bill Text download pdf

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

                                  4272

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation to restrictions
  on commercial driver's licenses

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

  Section 1. Subdivision 5 of section 502 of the vehicle and traffic law
is amended by adding a new paragraph (d) to read as follows:
  (D)  THE COMMISSIONER SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE TO
A PERSON WHILE SUCH PERSON IS REQUIRED TO REGISTER UNDER  ARTICLE  SIX-C
OF THE CORRECTION LAW WHEN SUCH COMMERCIAL DRIVER'S LICENSE SHALL BE FOR
THE  PURPOSE  OF DRIVING ANY BUS, AS SUCH TERM IS DEFINED IN SECTION ONE
HUNDRED FOUR OF THIS CHAPTER OR ANY SCHOOL BUS AS DEFINED IN SECTION ONE
HUNDRED FORTY-TWO OF THIS CHAPTER.
  S 2. Subdivision 1 of section 509-c of the vehicle and traffic law  is
amended by adding a new paragraph (h) to read as follows:
  (H)  PERMANENTLY,  IF  THAT  PERSON  WAS CONVICTED OF A VIOLATION THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  S 3. Subdivision 2 of section 509-c of the vehicle and traffic law  is
amended by adding a new paragraph (h) to read as follows:
  (H)  PERMANENTLY,  IF  THAT  PERSON  WAS CONVICTED OF A VIOLATION THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  S 4. Paragraph (a) of subdivision 1 of section 509-cc of  the  vehicle
and  traffic law is amended by adding a new subparagraph (iv) to read as
follows:
  (IV) HAS BEEN CONVICTED OF  A  VIOLATION  THAT  REQUIRES  REGISTRATION
UNDER ARTICLE SIX-C OF THE CORRECTION LAW; OR
  S 5. Subdivision 2 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (b-1) to read as follows:
  (B-1)  PERMANENTLY,  IF  THAT PERSON WAS CONVICTED OF A VIOLATION THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10517-01-1

S. 4272                             2

  S 6. Subdivision 1 of section 510-a of the vehicle and traffic law, as
amended by section 13 of part E of chapter 60 of the laws  of  2005,  is
amended to read as follows:
  1.   Revocation. A commercial driver's license shall be revoked by the
commissioner whenever the holder is convicted within or outside of  this
state  (a)  of  a  felony  involving the use of a motor vehicle except a
felony as described in paragraph (b) of this subdivision; (b) of a felo-
ny involving manufacturing, distributing or dispensing a drug as defined
in section one hundred fourteen-a of this chapter or possession  of  any
such  drug  with intent to manufacture, distribute or dispense such drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or two of section six hundred  of  this  chapter;  (d)  of  operating  a
commercial motor vehicle when, as a result of prior violations committed
while  operating  a  commercial  motor  vehicle, the driver's commercial
driver's license is revoked, suspended, or canceled, or  the  driver  is
disqualified  from operating a commercial motor vehicle; (e) or has been
convicted of causing a fatality through the  negligent  operation  of  a
commercial  motor  vehicle,  including  but not limited to the crimes of
vehicular manslaughter or criminally  negligent  homicide;  (F)  OF  ANY
VIOLATION   THAT  REQUIRES  REGISTRATION  UNDER  ARTICLE  SIX-C  OF  THE
CORRECTION LAW AND WHERE SUCH COMMERCIAL DRIVER'S  LICENSE  IS  FOR  THE
PURPOSE  OF  DRIVING  ANY  BUS,  AS  SUCH TERM IS DEFINED IN SECTION ONE
HUNDRED FOUR OF THIS CHAPTER OR ANY SCHOOL BUS AS DEFINED IN SECTION ONE
HUNDRED FORTY-TWO OF THIS CHAPTER.
  S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.

Co-Sponsors

S4272A - Details

See Assembly Version of this Bill:: A10156
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§509-c, 509-cc & 510-a, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1519
2015-2016: S446
2017-2018: S1135

S4272A - Summary

Relates to restrictions on commercial driver's licenses; prohibits the issuance of such licenses to any person required to register as a sex offender.

S4272A - Sponsor Memo

S4272A - Bill Text download pdf

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

                                 4272--A
    Cal. No. 604

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by Sens. MARCELLINO, LARKIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion  --  reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the vehicle and traffic law, in relation to restrictions
  on commercial driver's licenses

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

  Section 1.  Subdivision 1 of section 509-c of the vehicle and  traffic
law is amended by adding a new paragraph (h) to read as follows:
  (H)  PERMANENTLY,  IF  THAT  PERSON  WAS CONVICTED OF A VIOLATION THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  S 2. Subdivision 2 of section 509-c of the vehicle and traffic law  is
amended by adding a new paragraph (h) to read as follows:
  (H)  PERMANENTLY,  IF  THAT  PERSON  WAS CONVICTED OF A VIOLATION THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  S 3. Paragraph (a) of subdivision 1 of section 509-cc of  the  vehicle
and  traffic law is amended by adding a new subparagraph (iv) to read as
follows:
  (IV) HAS BEEN CONVICTED OF  A  VIOLATION  THAT  REQUIRES  REGISTRATION
UNDER ARTICLE SIX-C OF THE CORRECTION LAW; OR
  S 4. Subdivision 2 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (b-1) to read as follows:
  (B-1)  PERMANENTLY,  IF  THAT PERSON WAS CONVICTED OF A VIOLATION THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  S 5. Subdivision 1 of section 510-a of the vehicle and traffic law, as
amended by section 13 of part E of chapter 60 of the laws  of  2005,  is
amended to read as follows:
  1.   Revocation. A commercial driver's license shall be revoked by the
commissioner whenever the holder is convicted within or outside of  this

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

                                                           LBD10517-02-1

S. 4272--A                          2

state  (a)  of  a  felony  involving the use of a motor vehicle except a
felony as described in paragraph (b) of this subdivision; (b) of a felo-
ny involving manufacturing, distributing or dispensing a drug as defined
in  section  one hundred fourteen-a of this chapter or possession of any
such drug with intent to manufacture, distribute or dispense  such  drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or  two  of  section  six  hundred  of  this chapter; (d) of operating a
commercial motor vehicle when, as a result of prior violations committed
while operating a commercial  motor  vehicle,  the  driver's  commercial
driver's  license  is  revoked, suspended, or canceled, or the driver is
disqualified from operating a commercial motor vehicle; (e) or has  been
convicted  of  causing  a  fatality through the negligent operation of a
commercial motor vehicle, including but not limited  to  the  crimes  of
vehicular  manslaughter  or  criminally  negligent  homicide; (F) OF ANY
VIOLATION  THAT  REQUIRES  REGISTRATION  UNDER  ARTICLE  SIX-C  OF   THE
CORRECTION  LAW  AND  WHERE  SUCH COMMERCIAL DRIVER'S LICENSE IS FOR THE
PURPOSE OF DRIVING ANY BUS, AS SUCH  TERM  IS  DEFINED  IN  SECTION  ONE
HUNDRED FOUR OF THIS CHAPTER OR ANY SCHOOL BUS AS DEFINED IN SECTION ONE
HUNDRED FORTY-TWO OF THIS CHAPTER.
  S 6. Subdivision 1 of section 510-a of the vehicle and traffic law, as
amended  by  section  4 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
  1. Revocation. A commercial driver's license shall be revoked  by  the
commissioner  whenever the holder is convicted within or outside of this
state (a) of a felony involving the use of  a  motor  vehicle  except  a
felony as described in paragraph (b) of this subdivision; (b) of a felo-
ny involving manufacturing, distributing or dispensing a drug as defined
in  section  one hundred fourteen-a of this chapter or possession of any
such drug with intent to manufacture, distribute or dispense  such  drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or  two  of  section  six  hundred  of  this chapter; (d) of operating a
commercial motor vehicle when, as a result of prior violations committed
while operating a commercial  motor  vehicle,  the  driver's  commercial
driver's  license  is  revoked, suspended, or canceled, or the driver is
disqualified from operating a commercial motor  vehicle;  (e)  has  been
convicted  of  causing  a  fatality through the negligent operation of a
commercial motor vehicle, including but not limited  to  the  crimes  of
vehicular  manslaughter  or  criminally negligent homicide; [or] (f) the
commissioner determines that the  holder  has  made  a  false  statement
regarding  information: (i) required by the federal motor carrier safety
improvement act of 1999 and Subpart J of Part 383 of  title  49  of  the
code  of  federal  regulations relating to a commercial driver's license
document in an application  for  a  commercial  driver's  license;  (ii)
required by the federal motor carrier safety improvement act of 1999 and
Part  383.71  (a) and (g) of title 49 of the code of federal regulations
relating to an initial commercial driver's license or  existing  commer-
cial  driver's  license  holder's self-certification in any of the self-
certifications regarding the type of driving engaged or to be engaged in
by the holder or regarding the non-applicability to the  holder  of  the
physical  qualification requirements of the federal motor carrier safety
improvement act of 1999 and Part 391 of title 49 of the code of  federal
regulations  relating to qualifications of drivers; or (iii) required by
the federal motor carrier  safety  improvement  act  of  1999  and  Part
383.71(h)  of  title  49  of the code of federal regulations relating to
commercial driver's license requirements in any medical certificate;  OR
(G)  OF  ANY VIOLATION THAT REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF

S. 4272--A                          3

THE CORRECTION LAW AND WHERE SUCH COMMERCIAL DRIVER'S LICENSE IS FOR THE
PURPOSE OF DRIVING ANY BUS, AS SUCH  TERM  IS  DEFINED  IN  SECTION  ONE
HUNDRED FOUR OF THIS CHAPTER OR ANY SCHOOL BUS AS DEFINED IN SECTION ONE
HUNDRED FORTY-TWO OF THIS CHAPTER.
  S 7. This act shall take effect on the one hundred twentieth day after
it  shall have become a law; provided, however, that section six of this
act shall take effect on the same date and in the same manner as section
5 of part CC of chapter 58 of the laws of 2011, takes effect;  provided,
further,  that  effective  immediately,  the  addition, amendment and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this  act  on  its  effective date is authorized to be made on or before
such effective date.

Co-Sponsors

S4272B (ACTIVE) - Details

See Assembly Version of this Bill:: A10156
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§509-c, 509-cc & 510-a, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1519
2015-2016: S446
2017-2018: S1135

S4272B (ACTIVE) - Summary

Relates to restrictions on commercial driver's licenses; prohibits the issuance of such licenses to any person required to register as a sex offender.

S4272B (ACTIVE) - Sponsor Memo

S4272B (ACTIVE) - Bill Text download pdf

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

                                 4272--B
    Cal. No. 116

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by Sens. MARCELLINO, LARKIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion  --  reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading -- recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the vehicle and traffic law, in relation to restrictions
  on commercial driver's licenses

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

  Section  1.  Subdivision 1 of section 509-c of the vehicle and traffic
law is amended by adding a new paragraph (h) to read as follows:
  (H) PERMANENTLY, IF THAT PERSON WAS  CONVICTED  OF  A  VIOLATION  THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  S  2. Subdivision 2 of section 509-c of the vehicle and traffic law is
amended by adding a new paragraph (h) to read as follows:
  (H) PERMANENTLY, IF THAT PERSON WAS  CONVICTED  OF  A  VIOLATION  THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  S  3.  Paragraph (a) of subdivision 1 of section 509-cc of the vehicle
and traffic law is amended by adding a new subparagraph (iv) to read  as
follows:
  (IV)  HAS  BEEN  CONVICTED  OF  A VIOLATION THAT REQUIRES REGISTRATION
UNDER ARTICLE SIX-C OF THE CORRECTION LAW; OR
  S 4. Subdivision 2 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (b-1) to read as follows:
  (B-1) PERMANENTLY, IF THAT PERSON WAS CONVICTED OF  A  VIOLATION  THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10517-03-2

S. 4272--B                          2

  S  5.   Subdivision 1 of section 510-a of the vehicle and traffic law,
as amended by section 4 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
  1.  Revocation.  A commercial driver's license shall be revoked by the
commissioner whenever the holder is convicted within or outside of  this
state  (a)  of  a  felony  involving the use of a motor vehicle except a
felony as described in paragraph (b) of this subdivision; (b) of a felo-
ny involving manufacturing, distributing or dispensing a drug as defined
in section one hundred fourteen-a of this chapter or possession  of  any
such  drug  with intent to manufacture, distribute or dispense such drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or two of section six hundred  of  this  chapter;  (d)  of  operating  a
commercial motor vehicle when, as a result of prior violations committed
while  operating  a  commercial  motor  vehicle, the driver's commercial
driver's license is revoked, suspended, or canceled, or  the  driver  is
disqualified  from  operating  a  commercial motor vehicle; (e) has been
convicted of causing a fatality through the  negligent  operation  of  a
commercial  motor  vehicle,  including  but not limited to the crimes of
vehicular manslaughter or criminally negligent homicide;  [or]  (f)  the
commissioner  determines  that  the  holder  has  made a false statement
regarding information: (i) required by the federal motor carrier  safety
improvement  act  of  1999  and Subpart J of Part 383 of title 49 of the
code of federal regulations relating to a  commercial  driver's  license
document  in  an  application  for  a  commercial driver's license; (ii)
required by the federal motor carrier safety improvement act of 1999 and
Part 383.71 (a) and (g) of title 49 of the code of  federal  regulations
relating  to  an initial commercial driver's license or existing commer-
cial driver's license holder's self-certification in any  of  the  self-
certifications regarding the type of driving engaged or to be engaged in
by  the  holder  or regarding the non-applicability to the holder of the
physical qualification requirements of the federal motor carrier  safety
improvement  act of 1999 and Part 391 of title 49 of the code of federal
regulations relating to qualifications of drivers; or (iii) required  by
the  federal  motor  carrier  safety  improvement  act  of 1999 and Part
383.71(h) of title 49 of the code of  federal  regulations  relating  to
commercial  driver's license requirements in any medical certificate; OR
(G) OF ANY VIOLATION THAT REQUIRES REGISTRATION UNDER ARTICLE  SIX-C  OF
THE CORRECTION LAW AND WHERE SUCH COMMERCIAL DRIVER'S LICENSE IS FOR THE
PURPOSE  OF  DRIVING  ANY  BUS,  AS  SUCH TERM IS DEFINED IN SECTION ONE
HUNDRED FOUR OF THIS CHAPTER OR ANY SCHOOL BUS AS DEFINED IN SECTION ONE
HUNDRED FORTY-TWO OF THIS CHAPTER.
  S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that section five of this
act shall take effect on the same date and in the same manner as section
5 of part CC of chapter 58 of the laws of 2011, takes effect.  Effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
date is authorized to be made on or before such effective date.

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The New York State Senate

senate Bill S4272B

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 14, 2012 - floor Vote

Floor Vote: Feb 14, 2012

Jan 23, 2012 - Transportation committee Vote

Committee Vote: Jan 23, 2012

Jun 15, 2011 - floor Vote

Floor Vote: Jun 15, 2011

May 10, 2011 - Transportation committee Vote

Committee Vote: May 10, 2011

Bill Amendments

Co-Sponsors

S4272 - Details

S4272 - Summary

S4272 - Sponsor Memo

S4272 - Bill Text download pdf

Co-Sponsors

S4272A - Details

S4272A - Summary

S4272A - Sponsor Memo

S4272A - Bill Text download pdf

Co-Sponsors

S4272B (ACTIVE) - Details

S4272B (ACTIVE) - Summary

S4272B (ACTIVE) - Sponsor Memo

S4272B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4272B

Share this bill

Sponsored By

Carl L Marcellino

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 14, 2012 - floor Vote

Floor Vote: Feb 14, 2012

Jan 23, 2012 - Transportation committee Vote

Committee Vote: Jan 23, 2012

Jun 15, 2011 - floor Vote

Floor Vote: Jun 15, 2011

May 10, 2011 - Transportation committee Vote

Committee Vote: May 10, 2011

Bill Amendments

Co-Sponsors

William J. Larkin, Jr.

S4272 - Details

S4272 - Summary

S4272 - Sponsor Memo

S4272 - Bill Text download pdf

Co-Sponsors

William J. Larkin, Jr.

S4272A - Details

S4272A - Summary

S4272A - Sponsor Memo

S4272A - Bill Text download pdf

Co-Sponsors

William J. Larkin, Jr.

S4272B (ACTIVE) - Details

S4272B (ACTIVE) - Summary

S4272B (ACTIVE) - Sponsor Memo

S4272B (ACTIVE) - Bill Text download pdf

Comments