NY State Senate Bill 2011-S6305

Senate Bill S6305

Vetoed By Governor

2011-2012 Legislative Session

Provides for temporary approval of applications to operate a WICs program, if the applicant currently operates another approved program

download bill text pdf

Archive: Last Bill Status Via A9847 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 02, 2012	tabled
Aug 01, 2012	vetoed memo.133
Jul 20, 2012	delivered to governor
Jun 19, 2012	returned to assembly passed senate 3rd reading cal.239 substituted for s6305b
Jun 19, 2012	substituted by a9847a
Jun 11, 2012	amended on third reading 6305b
Jun 11, 2012	vote reconsidered - restored to third reading
Jun 06, 2012	returned to senate recalled from assembly
May 02, 2012	referred to health returned to assembly repassed senate
Apr 18, 2012	amended on third reading 6305a
Apr 18, 2012	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 06, 2012	referred to health delivered to assembly passed senate
Mar 05, 2012	advanced to third reading
Mar 01, 2012	2nd report cal.
Feb 29, 2012	1st report cal.239
Jan 24, 2012	referred to health

Votes

- Jun 19, 2012 - Floor Vote
  A9847
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2012
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Alesi
      
      Espaillat
      
      Huntley
  May 2, 2012 - Floor Vote
  S6305
  
  55
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  6
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 2, 2012
      
      aye (55)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Young
      
      Zeldin
      
      excused (6)
      
      Gallivan
      
      Hannon
      
      Kennedy
      
      Maziarz
      
      Parker
      
      Valesky
  Mar 6, 2012 - Floor Vote
  S6305
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 6, 2012
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Hassell-Thompson
      
      Oppenheimer
  Feb 29, 2012 - Health Committee Vote
  S6305
  
  13
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 29, 2012
      
      aye (13)
      
      Ball
      
      Farley
      
      Fuschillo
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Rivera
      
      Seward
      
      Smith
      
      Stewart-Cousins
      
      Young
      
      aye wr (3)
      
      Duane
      
      Gianaris
      
      Peralta
      
      excused (1)
      
      Adams

Bill Amendments

Original

B (Active)

2011-S6305 - Details

Law Section:: Public Health Law
Laws Affected:: Amd §2587, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S2567

2011-S6305 - Summary

Provides for temporary approval of applications to operate a WIC program, if the applicant currently operates another approved such program.

2011-S6305 - Sponsor Memo

                                BILL NUMBER:S6305

TITLE OF BILL:
An act
to amend the public health law, in relation to temporary approval of
certain programs operated pursuant to the federal special supplemental
nutrition program for women, infants and children

PURPOSE:
This legislation will provide for temporary approval of applications
to operate a WICs program, if the applicant currently operates
another approved program.

SUMMARY OF PROVISIONS:
Section One - amends section 2587 of the public health law by adding a
new subdivision 1-a to state that any eligible institution applying
for program approval for a program operated in accordance with the
federal special supplemental nutrition program for women, infants and
children, which has received approval of another such program and has
not been deficient in the operation of such program and has followed
federal law, rules or regulations will be issued temporary approval
of the operation of the program for which the application has been
submitted to the commissioner. The commissioner will issue the
applicant a temporary approval of the operation of the program within
fourteen days of the receipt of the application for approval. Each
temporary approval will be valid until the commissioner either

approves or disapproves the proposed application of the applicant.

Section Two - This act shall take effect immediately.

JUSTIFICATION:
The WIC program provides significant nourishment to women, infants and
children who may not be able to afford the food products that are
offered in this program for their families.
The proper nourishment at any early age is essential for infants and
children as well as their mothers.

In many neighborhoods, stores frequently are sold and new ones open.
Operators are in many cases owners who have other stores in New York
and have valid WIC vendor licenses in these stores. Unfortunately,
when these stores open, even for an operator who has other valid WIC
licenses within the state, there is a lengthy waiting period to
obtain a vendor license for the new store.

In most cases stores are licensed quicker and easier to sell tobacco
and alcohol while waiting much longer periods to become a WIC vendor
offering needed products such as; milk, juice, eggs, formula, baby
food, fresh fruits & vegetables, etc., to families in need.

This bill, by allowing existing NY WIC vendors who are in good
standing a temporary license when a new establishment opens, greatly

enhances the local food choices and availability for WIC families.
During the temporary licensing all investigative processes can
continue and the retailer would be obligated to respond to any issues
which arise or forfeit the temporary license.

By allowing responsible businesses owners quicker access to the
program, WIC families benefit greatly from these local stores and the
accelerated license allows them to shop locally as opposed to having
to travel in some cases greater distance.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6305 - Bill Text download pdf

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

                                  6305

                            I N  S E N A T E

                            January 24, 2012
                               ___________

Introduced  by  Sen.  BALL  --  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 temporary approval
  of certain programs operated pursuant to the federal  special  supple-
  mental nutrition program for women, infants and children

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

  Section 1. Section 2587 of the public health law is amended by  adding
a new subdivision 1-a to read as follows:
  1-A.  ANY ELIGIBLE INSTITUTION APPLYING FOR PROGRAM APPROVAL, PURSUANT
TO THIS SECTION, FOR A PROGRAM OPERATED IN ACCORDANCE WITH  THE  FEDERAL
SPECIAL  SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN,
WHICH HAS RECEIVED APPROVAL OF ANOTHER SUCH PROGRAM  AND  HAS  NOT  BEEN
DEFICIENT  IN THE OPERATION OF SUCH PROGRAM AS SPECIFIED IN FEDERAL LAW,
RULE OR REGULATION, SHALL BE ISSUED TEMPORARY APPROVAL OF THE  OPERATION
OF  THE  PROGRAM  FOR  WHICH  THE  APPLICATION HAS BEEN SUBMITTED TO THE
COMMISSIONER. THE COMMISSIONER SHALL ISSUE  THE  APPLICANT  A  TEMPORARY
APPROVAL  FOR  A  PROGRAM, PURSUANT TO THIS SUBDIVISION, WITHIN FOURTEEN
DAYS OF THE RECEIPT OF THE  APPLICATION  FOR  APPROVAL.  EACH  TEMPORARY
APPROVAL SHALL BE VALID UNTIL THE COMMISSIONER EITHER APPROVES OR DISAP-
PROVES THE PROPOSED APPLICATION OF THE APPLICANT.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13993-02-2

2011-S6305A - Details

Law Section:: Public Health Law
Laws Affected:: Amd §2587, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S2567

2011-S6305A - Summary

Provides for temporary approval of applications to operate a WIC program, if the applicant currently operates another approved such program.

2011-S6305A - Sponsor Memo

                                BILL NUMBER:S6305A

TITLE OF BILL:
An act
to amend the public health law, in relation to temporary approval of
certain programs operated pursuant to the federal special supplemental
nutrition program for women, infants and children

PURPOSE:
This legislation will provide for temporary approval of applications
to operate a WICs program, if the applicant currently operates
another approved program.

SUMMARY OF PROVISIONS:
Section One - amends section 2587 of the public health law by adding a
new subdivision 1-a to state that any eligible institution applying
to be authorized to participate in the federal special supplemental
nutrition program for women, infants and children at a particular
site, pursuant to this section, which has received approval to
participation as specified in federal law, rule or regulation, shall
be issued temporary approval nutrition program for women, infants and
children at the site for which the application has been submitted to
the commissioner. The commissioner shall issue the applicant a
temporary approval to participate at a particular site, pursuant to
this subdivision, within fourteen days of the receipt of the
application for approval. Each temporary approval shall be valid

until the commissioner either approves or disapproves the proposed
application of the applicant. This subdivision shall not apply where
it would be contrary to federal regulations or would jeopardize
federal financial participation.

Section Two - This act shall take effect immediately.

JUSTIFICATION:
The WIC program provides significant nourishment to women, infants and
children who may not be able to afford the food products that are
offered in this program for their families. The proper nourishment at
any early age is essential for infants and children as well as their
mothers.

In many neighborhoods, stores frequently are sold and new ones open.
Operators are in many cases owners who have other stores in New York
and have valid WIC vendor licenses in these stores. Unfortunately,
when these stores open, even for an operator who has other valid WIC
licenses within the state, there is a lengthy waiting period to
obtain a vendor license for the new store.

In most cases stores are licensed quicker and easier to sell tobacco
and alcohol while waiting much longer periods to become a WIC vendor
offering needed products such as; milk, juice, eggs, formula, baby
food, fresh fruits & vegetables, etc., to families in need.

This bill, by allowing existing NY WIC vendors who are in good
standing a temporary license when a new establishment opens, greatly
enhances the local food choices and availability for WIC families.
During the temporary licensing all investigative processes can
continue and the retailer would be obligated to respond to any issues
which arise or forfeit the temporary license.

By allowing responsible businesses owners quicker access to the
program, WIC families benefit greatly from these local stores and the
accelerated license allows them to shop locally as opposed to having
to travel in some cases greater distance.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6305A - Bill Text download pdf

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

                                 6305--A
    Cal. No. 239

                            I N  S E N A T E

                            January 24, 2012
                               ___________

Introduced  by  Sen.  BALL  --  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,  ordered
  to  a  third  reading, passed by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the public health law, in relation to temporary approval
  of  certain  programs operated pursuant to the federal special supple-
  mental nutrition program for women, infants and children

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

  Section  1. Section 2587 of the public health law is amended by adding
a new subdivision 1-a to read as follows:
  1-A. ANY ELIGIBLE INSTITUTION APPLYING TO BE AUTHORIZED TO PARTICIPATE
IN THE FEDERAL SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS
AND CHILDREN AT A PARTICULAR SITE, PURSUANT TO THIS SECTION,  WHICH  HAS
RECEIVED  APPROVAL TO PARTICIPATE AT ANOTHER SITE AND HAS NOT BEEN DEFI-
CIENT IN ITS PARTICIPATION AS SPECIFIED IN FEDERAL LAW,  RULE  OR  REGU-
LATION,  SHALL  BE ISSUED TEMPORARY APPROVAL TO BE AUTHORIZED TO PARTIC-
IPATE IN THE FEDERAL SPECIAL SUPPLEMENTAL NUTRITION PROGRAM  FOR  WOMEN,
INFANTS  AND  CHILDREN  AT  THE  SITE FOR WHICH THE APPLICATION HAS BEEN
SUBMITTED TO THE COMMISSIONER. THE COMMISSIONER SHALL ISSUE  THE  APPLI-
CANT  A TEMPORARY APPROVAL TO PARTICIPATE AT A PARTICULAR SITE, PURSUANT
TO THIS SUBDIVISION, WITHIN FOURTEEN DAYS OF THE RECEIPT OF THE APPLICA-
TION FOR APPROVAL. EACH TEMPORARY APPROVAL  SHALL  BE  VALID  UNTIL  THE
COMMISSIONER  EITHER APPROVES OR DISAPPROVES THE PROPOSED APPLICATION OF
THE APPLICANT.   THIS SUBDIVISION SHALL NOT  APPLY  WHERE  IT  WOULD  BE
CONTRARY  TO  FEDERAL  REGULATIONS OR WOULD JEOPARDIZE FEDERAL FINANCIAL
PARTICIPATION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13993-05-2

2011-S6305B (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §2587, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S2567

2011-S6305B (ACTIVE) - Summary

Provides for temporary approval of applications to operate a WIC program, if the applicant currently operates another approved such program.

2011-S6305B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6305B

TITLE OF BILL:
An act
to amend the public health law, in relation to temporary approval of
certain programs operated pursuant to the federal special supplemental
nutrition program for women, infants and children

PURPOSE:
This legislation will provide for temporary approval of applications
to operate a WICs program, if the applicant currently operates
another approved program.

SUMMARY OF PROVISIONS:
Section One - adds a new section 2507 to the public health law which
states that any eligible institution applying to participate in the
federal special supplemental nutrition program for women, infants and
children (WIC) at a particular site, which has received approval to
participate at another site and has not been deficient in its
participation shall be issued temporary approval to participate in
WIC at the site for which the application has been submitted to the
commissioner. The commissioner or the commissioner's agent shall
issue the applicant a temporary approval of the operation of the
program within fourteen days of the receipt of the completed
application. Each temporary approval will be valid until the
commissioner either approves or disapproves the proposed application

of the applicant.

Section Two - This act shall take effect immediately.

JUSTIFICATION:
The WIC program provides significant nourishment to women, infants and
children who may not be able to afford the food products that are
offered in this program for their families. The proper nourishment at
any early age is essential for infants and children as well as their
mothers.

In many neighborhoods, stores frequently are sold and new ones open.
Operators are in many cases owners who have other stores in New York
and have valid WIC vendor licenses in these stores. Unfortunately,
when these stores open, even for an operator who has other valid WIC
licenses within the state, there is a lengthy waiting period to
obtain a vendor license for the new store.

In most cases stores are licensed quicker and easier to sell tobacco
and alcohol while waiting much longer periods to become a WIC vendor
offering needed products such as; milk, juice, eggs, formula, baby
food, fresh fruits & vegetables, etc., to families in need.

This bill, by allowing existing NY WIC vendors who are in good
standing a temporary license when a new establishment opens, greatly
enhances the local food choices and availability for WIC families.
During the temporary licensing all investigative processes can
continue and the retailer would be obligated to respond to any issues
which arise or forfeit the temporary license.

By allowing responsible businesses owners quicker access to the
program, WIC families benefit greatly from these local stores and the
accelerated license allows them to shop locally as opposed to having
to travel in some cases greater distance.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6305B (ACTIVE) - Bill Text download pdf

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

                                 6305--B
    Cal. No. 239

                            I N  S E N A T E

                            January 24, 2012
                               ___________

Introduced  by  Sen.  BALL  --  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,  ordered
  to  a  third  reading, passed by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  --  repassed by Senate and delivered to the Assembly,  recalled,  vote
  reconsidered,   restored   to   third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the public health law, in relation to temporary approval
  of certain programs operated pursuant to the federal  special  supple-
  mental nutrition program for women, infants and children

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

  Section 1. The public health law is amended by adding  a  new  section
2507 to read as follows:
  S  2507.  FEDERAL  SPECIAL  SUPPLEMENTAL  NUTRITION PROGRAM FOR WOMEN,
INFANTS AND CHILDREN.  ANY ELIGIBLE INSTITUTION APPLYING TO  BE  AUTHOR-
IZED  TO  PARTICIPATE  IN  THE  FEDERAL  SPECIAL  SUPPLEMENTAL NUTRITION
PROGRAM FOR WOMEN, INFANTS AND CHILDREN AT A PARTICULAR SITE, WHICH  HAS
RECEIVED  APPROVAL TO PARTICIPATE AT ANOTHER SITE AND HAS NOT BEEN DEFI-
CIENT IN ITS PARTICIPATION AS SPECIFIED IN FEDERAL LAW,  RULE  OR  REGU-
LATION,  SHALL  BE ISSUED TEMPORARY APPROVAL TO BE AUTHORIZED TO PARTIC-
IPATE IN THE FEDERAL SPECIAL SUPPLEMENTAL NUTRITION PROGRAM  FOR  WOMEN,
INFANTS  AND  CHILDREN  AT  THE  SITE FOR WHICH THE APPLICATION HAS BEEN
SUBMITTED TO THE COMMISSIONER. THE COMMISSIONER  OR  THE  COMMISSIONER'S
AGENT SHALL ISSUE THE APPLICANT A TEMPORARY APPROVAL TO PARTICIPATE AT A
PARTICULAR  SITE,  PURSUANT TO THIS SECTION, WITHIN FOURTEEN DAYS OF THE
RECEIPT OF A COMPLETED APPLICATION. EACH  TEMPORARY  APPROVAL  SHALL  BE
VALID UNTIL THE COMMISSIONER EITHER APPROVES OR DISAPPROVES THE PROPOSED
APPLICATION  OF  THE  APPLICANT.   THIS SECTION SHALL NOT APPLY WHERE IT
WOULD BE CONTRARY TO FEDERAL REGULATIONS  OR  WOULD  JEOPARDIZE  FEDERAL
FINANCIAL PARTICIPATION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13993-10-2

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Senate Bill S6305

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Sponsored By

Greg Ball

Archive: Last Bill Status Via A9847 - Vetoed by Governor

Bill Amendments

2011-S6305 - Details

2011-S6305 - Summary

2011-S6305 - Sponsor Memo

2011-S6305 - Bill Text download pdf

2011-S6305A - Details

2011-S6305A - Summary

2011-S6305A - Sponsor Memo

2011-S6305A - Bill Text download pdf

2011-S6305B (ACTIVE) - Details

2011-S6305B (ACTIVE) - Summary

2011-S6305B (ACTIVE) - Sponsor Memo

2011-S6305B (ACTIVE) - Bill Text download pdf

Comments