NY State Assembly Bill 2013-A3751B

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2014	referred to consumer protection delivered to senate passed assembly
Jan 08, 2014	ordered to third reading cal.183 returned to assembly died in senate
Jun 20, 2013	committed to rules returned to senate repassed assembly
Jun 17, 2013	amended on third reading 3751b
Jun 17, 2013	vote reconsidered - restored to third reading returned to assembly recalled from senate
Jun 13, 2013	referred to consumer protection delivered to senate passed assembly
Jun 04, 2013	amended on third reading 3751a
May 09, 2013	advanced to third reading cal.310
May 07, 2013	reported
Apr 30, 2013	reported referred to codes
Jan 29, 2013	referred to consumer affairs and protection

Bill Amendments

Original

B (Active)

co-Sponsors

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multi-Sponsors

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2013-A3751 - Details

See Senate Version of this Bill:: S2138
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8801, S6514
2015-2016: A6731, S4508
2017-2018: A7087, S5262
2019-2020: S256
2021-2022: S3947

2013-A3751 - Summary

Relates to price gouging of medicine.

2013-A3751 - Bill Text download pdf

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

                                  3751

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced by M. of A. CRESPO, RODRIGUEZ, RAMOS -- Multi-Sponsored by --
  M. of A. ARROYO, BRENNAN, CAMARA, DUPREY, FINCH, HOOPER, MOYA, RIVERA,
  ROBINSON,  SCHIMEL  --  read  once  and  referred  to the Committee on
  Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to the price goug-
  ing of medicine

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

  Section 1. The general business law is amended by adding a new section
396-rrr to read as follows:
  S  396-RRR.  PRICE  GOUGING  OF  MEDICINE. 1. FOR THE PURPOSES OF THIS
SECTION, "DRUG SUBJECT TO A SHORTAGE" SHALL MEAN  ANY  DRUG  OR  MEDICAL
PRODUCT  INTENDED  FOR HUMAN USE PUBLICLY REPORTED AS BEING SUBJECT TO A
SHORTAGE BY THE U.S.  FOOD  AND  DRUG  ADMINISTRATION  ON  ITS  WEBSITE,
PROVIDED,  HOWEVER, THAT A DRUG OR MEDICAL PRODUCT SHALL ONLY BE CONSID-
ERED A "DRUG SUBJECT TO A SHORTAGE" DURING THE PERIOD OF TIME THAT  SUCH
DRUG OR MEDICAL PRODUCT IS LISTED AS BEING SUBJECT TO A SHORTAGE ON SUCH
WEBSITE.
  2.  NO PARTY WITHIN THE CHAIN OF DISTRIBUTION OF ANY DRUG SUBJECT TO A
SHORTAGE SHALL SELL OR OFFER TO SELL ANY SUCH DRUG SUBJECT TO A SHORTAGE
FOR AN AMOUNT WHICH REPRESENTS AN UNCONSCIONABLY EXCESSIVE PRICE.
  3. WHETHER A PRICE IS UNCONSCIONABLY EXCESSIVE IS A  QUESTION  OF  LAW
FOR THE COURT.
  (A)  THE  COURT'S  DETERMINATION  THAT A VIOLATION OF THIS SECTION HAS
OCCURRED SHALL BE BASED ON ANY OF THE FOLLOWING FACTORS:
  (I) THAT THE AMOUNT OF THE EXCESS IN PRICE IS UNCONSCIONABLY EXTREME;
  (II) THAT THERE WAS AN EXERCISE OF UNFAIR LEVERAGE  OR  UNCONSCIONABLE
MEANS; OR
  (III)  A  COMBINATION OF BOTH FACTORS IN SUBPARAGRAPHS (I) AND (II) OF
THIS PARAGRAPH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02559-01-3

A. 3751                             2

  (B) IN ANY PROCEEDING COMMENCED PURSUANT TO SUBDIVISION FOUR  OF  THIS
SECTION, PRIMA FACIE PROOF THAT A VIOLATION OF THIS SECTION HAS OCCURRED
SHALL INCLUDE EVIDENCE THAT:
  (I)  THE AMOUNT CHARGED REPRESENTS A GROSS DISPARITY BETWEEN THE PRICE
OF THE DRUG SUBJECT TO A SHORTAGE WHICH WAS THE SUBJECT  OF  THE  TRANS-
ACTION AND THEIR VALUE MEASURED BY THE PRICE AT WHICH SUCH DRUG WAS SOLD
OR  OFFERED  FOR  SALE  BY THE DEFENDANT IN THE USUAL COURSE OF BUSINESS
IMMEDIATELY PRIOR TO THE ONSET OF THE SHORTAGE; AND
  (II) THE AMOUNT CHARGED GROSSLY EXCEEDED THE PRICE AT WHICH  THE  SAME
OR  SIMILAR  DRUG  SUBJECT TO A SHORTAGE WAS READILY OBTAINABLE BY OTHER
PURCHASERS IN THE TRADE AREA. A DEFENDANT MAY REBUT A PRIMA  FACIE  CASE
WITH  EVIDENCE  THAT  ADDITIONAL  COSTS  NOT  WITHIN  THE CONTROL OF THE
DEFENDANT WERE IMPOSED ON THE DEFENDANT FOR THE DRUG SUBJECT TO A SHORT-
AGE.
  4. (A) WHERE A VIOLATION OF THIS SECTION IS ALLEGED TO HAVE  OCCURRED,
THE ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF
NEW  YORK TO THE SUPREME COURT OF THE STATE OF NEW YORK WITHIN THE JUDI-
CIAL DISTRICT IN WHICH SUCH VIOLATIONS ARE ALLEGED TO HAVE OCCURRED,  ON
NOTICE OF FIVE DAYS, FOR AN ORDER ENJOINING OR RESTRAINING COMMISSION OR
CONTINUANCE  OF  THE  ALLEGED UNLAWFUL ACTS. IN ANY SUCH PROCEEDING, THE
COURT SHALL IMPOSE A CIVIL PENALTY  IN  AN  AMOUNT  NOT  TO  EXCEED  ONE
HUNDRED  THOUSAND  DOLLARS  AND, WHERE APPROPRIATE, ORDER RESTITUTION TO
AGGRIEVED CONSUMERS.
  (B) IN ADDITION TO ANY ACTION BROUGHT BY THE ATTORNEY GENERAL PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, A PERSON INJURED BY A VIOLATION OF
THIS SECTION MAY BRING AN ACTION TO RECOVER DAMAGES. THE COURT MAY  ALSO
AWARD REASONABLE ATTORNEYS FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A3751A - Details

See Senate Version of this Bill:: S2138
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8801, S6514
2015-2016: A6731, S4508
2017-2018: A7087, S5262
2019-2020: S256
2021-2022: S3947

2013-A3751A - Summary

Relates to price gouging of medicine.

2013-A3751A - Bill Text download pdf

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

                                 3751--A
                                                        Cal. No. 310

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M.  of  A.  CRESPO,  RODRIGUEZ, RAMOS, MAISEL, DINOWITZ,
  SKOUFIS, ENGLEBRIGHT, MONTESANO, GIBSON, SCARBOROUGH, ROBERTS, GABRYS-
  ZAK, SANTABARBARA -- Multi-Sponsored by -- M. of A. ABINANTI,  ARROYO,
  BOYLAND,  BRAUNSTEIN,  BRENNAN,  CAMARA, COLTON, COOK, CROUCH, DUPREY,
  FINCH, GOTTFRIED, HEASTIE, HOOPER, MOSLEY, MOYA, PERRY, RIVERA, ROBIN-
  SON, ROSA, SCHIMEL, SEPULVEDA -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection -- reported and referred to the
  Committee on Codes -- reported from committee,  advanced  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

AN ACT to amend the general business law, in relation to the price goug-
  ing of medicine

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

  Section 1. The general business law is amended by adding a new section
396-rrr to read as follows:
  S  396-RRR.  PRICE  GOUGING  OF  MEDICINE. 1. FOR THE PURPOSES OF THIS
SECTION, "DRUG SUBJECT TO A SHORTAGE" SHALL MEAN  ANY  DRUG  OR  MEDICAL
PRODUCT  INTENDED  FOR HUMAN USE PUBLICLY REPORTED AS BEING SUBJECT TO A
SHORTAGE BY THE U.S.  FOOD  AND  DRUG  ADMINISTRATION  ON  ITS  WEBSITE,
PROVIDED,  HOWEVER, THAT A DRUG OR MEDICAL PRODUCT SHALL ONLY BE CONSID-
ERED A "DRUG SUBJECT TO A SHORTAGE" DURING THE PERIOD OF TIME THAT  SUCH
DRUG OR MEDICAL PRODUCT IS LISTED AS BEING SUBJECT TO A SHORTAGE ON SUCH
WEBSITE.
  2.  NO PARTY WITHIN THE CHAIN OF DISTRIBUTION OF ANY DRUG SUBJECT TO A
SHORTAGE SHALL SELL OR OFFER TO SELL ANY SUCH DRUG SUBJECT TO A SHORTAGE
FOR AN AMOUNT WHICH REPRESENTS AN UNCONSCIONABLY EXCESSIVE PRICE.
  3. WHETHER A PRICE IS UNCONSCIONABLY EXCESSIVE IS A  QUESTION  OF  LAW
FOR THE COURT.
  (A)  THE  COURT'S  DETERMINATION  THAT A VIOLATION OF THIS SECTION HAS
OCCURRED SHALL BE BASED ON ANY OF THE FOLLOWING FACTORS:

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

                                                           LBD02559-03-3

A. 3751--A                          2

  (I) THAT THE AMOUNT OF THE EXCESS IN PRICE IS UNCONSCIONABLY EXTREME;
  (II)  THAT  THERE WAS AN EXERCISE OF UNFAIR LEVERAGE OR UNCONSCIONABLE
MEANS; OR
  (III) A COMBINATION OF BOTH FACTORS IN SUBPARAGRAPHS (I) AND  (II)  OF
THIS PARAGRAPH.
  (B)  IN  ANY PROCEEDING COMMENCED PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION, PRIMA FACIE PROOF THAT A VIOLATION OF THIS SECTION HAS OCCURRED
SHALL INCLUDE EVIDENCE THAT:
  (I) THE AMOUNT CHARGED REPRESENTS A GROSS DISPARITY BETWEEN THE  PRICE
OF  THE  DRUG  SUBJECT TO A SHORTAGE WHICH WAS THE SUBJECT OF THE TRANS-
ACTION AND THEIR VALUE MEASURED BY THE PRICE AT WHICH SUCH DRUG WAS SOLD
OR OFFERED FOR SALE BY THE DEFENDANT IN THE  USUAL  COURSE  OF  BUSINESS
IMMEDIATELY PRIOR TO THE ONSET OF THE SHORTAGE; AND
  (II)  THE  AMOUNT CHARGED GROSSLY EXCEEDED THE PRICE AT WHICH THE SAME
OR SIMILAR DRUG SUBJECT TO A SHORTAGE WAS READILY  OBTAINABLE  BY  OTHER
PURCHASERS  IN  THE TRADE AREA. A DEFENDANT MAY REBUT A PRIMA FACIE CASE
WITH EVIDENCE THAT ADDITIONAL  COSTS  NOT  WITHIN  THE  CONTROL  OF  THE
DEFENDANT WERE IMPOSED ON THE DEFENDANT FOR THE DRUG SUBJECT TO A SHORT-
AGE.
  4.  WHERE A VIOLATION OF THIS SECTION IS ALLEGED TO HAVE OCCURRED, THE
ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF NEW
YORK TO THE SUPREME COURT OF THE STATE OF NEW YORK WITHIN  THE  JUDICIAL
DISTRICT  IN  WHICH  SUCH  VIOLATIONS  ARE  ALLEGED TO HAVE OCCURRED, ON
NOTICE OF FIVE DAYS, FOR AN ORDER ENJOINING OR RESTRAINING COMMISSION OR
CONTINUANCE OF THE ALLEGED UNLAWFUL ACTS. IN ANY  SUCH  PROCEEDING,  THE
COURT  SHALL  IMPOSE  A  CIVIL  PENALTY  IN  AN AMOUNT NOT TO EXCEED ONE
HUNDRED THOUSAND DOLLARS AND, WHERE APPROPRIATE,  ORDER  RESTITUTION  TO
AGGRIEVED CONSUMERS.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A3751B (ACTIVE) - Details

See Senate Version of this Bill:: S2138
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8801, S6514
2015-2016: A6731, S4508
2017-2018: A7087, S5262
2019-2020: S256
2021-2022: S3947

2013-A3751B (ACTIVE) - Summary

Relates to price gouging of medicine.

2013-A3751B (ACTIVE) - Bill Text download pdf

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

                                 3751--B
                                                        Cal. No. 310

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M.  of  A.  CRESPO,  RODRIGUEZ, RAMOS, MAISEL, DINOWITZ,
  SKOUFIS, ENGLEBRIGHT, MONTESANO, GIBSON, SCARBOROUGH, ROBERTS, GABRYS-
  ZAK, SANTABARBARA -- Multi-Sponsored by -- M. of A. ABINANTI,  ARROYO,
  BOYLAND,  BRAUNSTEIN,  BRENNAN,  CAMARA, COLTON, COOK, CROUCH, DUPREY,
  FINCH, GOTTFRIED, HEASTIE, HOOPER, MOSLEY, MOYA, PERRY, RIVERA, ROBIN-
  SON, ROSA, SCHIMEL, SEPULVEDA -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection -- reported and referred to the
  Committee on Codes -- reported from committee,  advanced  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading -- passed by  Assembly  and  delivered  to  the
  Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the general business law, in relation to the price goug-
  ing of medicine

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

  Section 1. The general business law is amended by adding a new section
396-rrr to read as follows:
  S  396-RRR.  PRICE  GOUGING  OF  MEDICINE. 1. FOR THE PURPOSES OF THIS
SECTION, "DRUG SUBJECT TO A SHORTAGE" SHALL MEAN  ANY  DRUG  OR  MEDICAL
PRODUCT  INTENDED  FOR HUMAN USE PUBLICLY REPORTED AS BEING SUBJECT TO A
SHORTAGE BY THE U.S.  FOOD  AND  DRUG  ADMINISTRATION  ON  ITS  WEBSITE,
PROVIDED,  HOWEVER, THAT A DRUG OR MEDICAL PRODUCT SHALL ONLY BE CONSID-
ERED A "DRUG SUBJECT TO A SHORTAGE" DURING THE PERIOD OF TIME THAT  SUCH
DRUG OR MEDICAL PRODUCT IS LISTED AS BEING SUBJECT TO A SHORTAGE ON SUCH
WEBSITE.
  2.  NO PARTY WITHIN THE CHAIN OF DISTRIBUTION OF ANY DRUG SUBJECT TO A
SHORTAGE SHALL SELL OR OFFER TO SELL ANY SUCH DRUG SUBJECT TO A SHORTAGE
FOR AN AMOUNT WHICH REPRESENTS AN UNCONSCIONABLY EXCESSIVE PRICE.
  3. WHETHER A PRICE IS UNCONSCIONABLY EXCESSIVE IS A  QUESTION  OF  LAW
FOR THE COURT.

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

                                                           LBD02559-06-3

A. 3751--B                          2

  (A)  THE  COURT'S  DETERMINATION  THAT A VIOLATION OF THIS SECTION HAS
OCCURRED SHALL BE BASED ON ANY OF THE FOLLOWING FACTORS:
  (I) THAT THE AMOUNT OF THE EXCESS IN PRICE IS UNCONSCIONABLY EXTREME;
  (II)  THAT  THERE WAS AN EXERCISE OF UNFAIR LEVERAGE OR UNCONSCIONABLE
MEANS; OR
  (III) A COMBINATION OF BOTH FACTORS IN SUBPARAGRAPHS (I) AND  (II)  OF
THIS PARAGRAPH.
  (B)  IN  ANY PROCEEDING COMMENCED PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION, PRIMA FACIE PROOF THAT A VIOLATION OF THIS SECTION HAS OCCURRED
SHALL INCLUDE EVIDENCE THAT:
  (I) THE AMOUNT CHARGED REPRESENTS A GROSS DISPARITY BETWEEN THE  PRICE
OF  THE  DRUG  SUBJECT TO A SHORTAGE WHICH WAS THE SUBJECT OF THE TRANS-
ACTION AND THEIR VALUE MEASURED BY THE PRICE AT WHICH SUCH DRUG WAS SOLD
OR OFFERED FOR SALE BY THE DEFENDANT IN THE  USUAL  COURSE  OF  BUSINESS
IMMEDIATELY PRIOR TO THE ONSET OF THE SHORTAGE; AND
  (II)  THE  AMOUNT CHARGED GROSSLY EXCEEDED THE PRICE AT WHICH THE SAME
OR SIMILAR DRUG SUBJECT TO A SHORTAGE WAS READILY  OBTAINABLE  BY  OTHER
PURCHASERS  IN  THE TRADE AREA. A DEFENDANT MAY REBUT A PRIMA FACIE CASE
WITH EVIDENCE THAT ADDITIONAL  COSTS  NOT  WITHIN  THE  CONTROL  OF  THE
DEFENDANT WERE IMPOSED ON THE DEFENDANT FOR THE DRUG SUBJECT TO A SHORT-
AGE.
  4.  WHERE A VIOLATION OF THIS SECTION IS ALLEGED TO HAVE OCCURRED, THE
ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF NEW
YORK TO THE SUPREME COURT WITHIN THE JUDICIAL  DISTRICT  IN  WHICH  SUCH
VIOLATIONS  ARE ALLEGED TO HAVE OCCURRED, ON NOTICE OF FIVE DAYS, FOR AN
ORDER ENJOINING OR RESTRAINING COMMISSION OR CONTINUANCE OF THE  ALLEGED
UNLAWFUL  ACTS.  IN  ANY SUCH PROCEEDING, THE COURT SHALL IMPOSE A CIVIL
PENALTY IN AN AMOUNT NOT TO EXCEED ONE  HUNDRED  THOUSAND  DOLLARS  AND,
WHERE APPROPRIATE, ORDER RESTITUTION TO AGGRIEVED CONSUMERS.
  5.  PRIOR  TO APPLYING FOR AN ORDER FROM THE SUPREME COURT PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION, THE ATTORNEY GENERAL, IN  CONSULTATION
WITH  THE  DEPARTMENT  OF  HEALTH,  SHALL  CONSIDER THE PRICING DYNAMICS
UNIQUE TO THE SMALL AND INDEPENDENT DISTRIBUTORS WITHIN THE SUPPLY CHAIN
INCLUDING, BUT NOT LIMITED TO, THE PRICE CHARGED BY THE END USE  DISPEN-
SER RELATIVE TO ITS ACQUISITION COST.
  S 2. This act shall take effect immediately.

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Assembly Bill A3751B

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A3751 - Details

2013-A3751 - Summary

2013-A3751 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2013-A3751A - Details

2013-A3751A - Summary

2013-A3751A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2013-A3751B (ACTIVE) - Details

2013-A3751B (ACTIVE) - Summary

2013-A3751B (ACTIVE) - Bill Text download pdf

Comments

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Assembly Bill A3751B

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Sponsored By

CRESPO

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

co-Sponsors

Robert J. Rodriguez

Philip Ramos

Alan Maisel

Jeffrey Dinowitz

multi-Sponsors

Thomas Abinanti

Carmen E. Arroyo

William Boyland

Edward Braunstein

2013-A3751 - Details

2013-A3751 - Summary

2013-A3751 - Bill Text download pdf

co-Sponsors

Robert J. Rodriguez

Philip Ramos

Alan Maisel

Jeffrey Dinowitz

multi-Sponsors

Thomas Abinanti

Carmen E. Arroyo

William Boyland

Edward Braunstein

2013-A3751A - Details

2013-A3751A - Summary

2013-A3751A - Bill Text download pdf

co-Sponsors

Robert J. Rodriguez

Philip Ramos

Jeffrey Dinowitz

James Skoufis

multi-Sponsors

Thomas Abinanti

Carmen E. Arroyo

Edward Braunstein

James F. Brennan

2013-A3751B (ACTIVE) - Details

2013-A3751B (ACTIVE) - Summary

2013-A3751B (ACTIVE) - Bill Text download pdf

Comments