NY State Senate Bill S4188B

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 (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 11, 2016	referred to codes delivered to assembly passed senate
Feb 25, 2016	advanced to third reading
Feb 24, 2016	2nd report cal. amended 4188c
Feb 09, 2016	1st report cal.180
Feb 03, 2016	print number 4188b
Feb 03, 2016	amend and recommit to health
Jan 06, 2016	referred to health
Jun 25, 2015	committed to rules
May 18, 2015	advanced to third reading amended 4188a
May 13, 2015	2nd report cal.
May 12, 2015	1st report cal.599
Mar 05, 2015	referred to health

Votes

view votes

Apr 11, 2016 - floor Vote

S4188C

floor

Aye

Nay

Absent

Excused

Abstained

Feb 9, 2016 - Health committee Vote

S4188B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 12, 2015 - Health committee Vote

S4188

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

C (Active)

Original

C (Active)

S4188 - Details

Current Committee:: Assembly Codes
Law Section:: Public Health Law
Laws Affected:: Amd §1399-o, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S750

S4188 - Summary

Prohibits use of e-cigarettes on school grounds.

S4188 - Sponsor Memo

BILL NUMBER:S4188

TITLE OF BILL:  An act to amend the public health law, in relation to
prohibiting e-cigarettes on school grounds

PURPOSE:

This bill prohibits the use of e-cigarettes on school grounds.

SUMMARY OF PROVISIONS:

Section one of this bill amends section 1399-o of the Public Health
Law by adding a new subdivision 4 prohibiting the possession of an
"e-cigarette" on "school grounds," as defined in subdivision thirteen
of § 1399-aa and subdivision six of § 1399-n of the Public Health Law,
respectively.

Section two is the effective date.

JUSTIFICATION:

Electronic cigarettes or e-cigarettes are defined by the Public Health
Law as, electronic devices that deliver vapor which is inhaled by an
individual user, and shall include any refill, cartridge and any other
component of such a device. Generally, these are electronic devices
that deliver nicotine to the user. While these devices do not contain

tobacco or emit smoke, they heat up liquid nicotine and emit water
vapor. E-cigarettes are not currently regulated by the FDA and are not
subject to tobacco laws since they do not contain tobacco.  This lack
of oversight is placing individuals at risk because there is little
known about the chemical make-up of the liquid nicotine or the harm to
individuals from inhaling the water vapor directly or through
secondhand exposure. In fact, testing performed by the FDA found that
electronic cigarettes can be dangerous because users inhale
carcinogens and toxic chemicals, such as diethylene glycol, an
ingredient found in antifreeze. It is for these reasons the state
banned the sale and distribution of electronic cigarettes to minors
under the age of 18 in 2012.

This legislation is necessary to further protect minors from the
dangers of these unregulated devices, particularly because they have
not been proven to be safe for use at any age, by prohibiting their
use on any school ground. School grounds are defined by the Public
Health Law as, any building, structure, and surrounding outdoor
grounds contained within a public or private pre-school, nursery
school, elementary or secondary school's legally defined property
boundaries as registered in a county clerk's office, and any vehicles
used to transport children or school personnel. The use of electronic
cigarettes in schools is a major problem. Because they are so easily
hidden, students will bring e-cigarettes into classrooms and use the
devises while class is in session. Not only is this distracting for
the other students, e-cigarette use may pose major health risks to
users, and as stated above, the sale and distribution of these devises
to minors remains prohibited. Although teachers are not always aware
of the use, students detect e-cigarette usage because of the
distinctive odors produced by e-cigarettes. Furthermore, e-cigarettes


may not be included under tobacco-free school regulations because the
devices do not contain any tobacco.

Despite the absence of tobacco and the prohibition against the sale of
these devices to minors, e-cigarette use by children and teens remains
prevalent and should be robustly discouraged. Unknown health
consequences and the ubiquitous nature of e-cigarettes make these
devices especially concerning. By prohibiting the possession of these
devices on school grounds the State of New York renews its commitment
to preventing childhood and teenage smoking.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

S4188 - Bill Text download pdf

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

                                  4188

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- 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 prohibiting  e-ci-
  garettes on school grounds

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

  Section 1. Section 1399-o of the  public  health  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4.  IT  SHALL  BE  UNLAWFUL  TO  POSSESS AN E-CIGARETTE, AS DEFINED IN
SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF  THIS
CHAPTER,  ON  SCHOOL  GROUNDS,  AS DEFINED IN SUBDIVISION SIX OF SECTION
THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTICLE.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09576-01-5

S4188A - Details

Current Committee:: Assembly Codes
Law Section:: Public Health Law
Laws Affected:: Amd §1399-o, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S750

S4188A - Summary

Prohibits use of e-cigarettes on school grounds.

S4188A - Sponsor Memo

BILL NUMBER:S4188A

TITLE OF BILL:  An act to amend the public health law, in relation to
prohibiting e-cigarettes on school grounds

PURPOSE: This bill prohibits the use of e-cigarettes on school
grounds.

SUMMARY OF PROVISIONS:

Section one of this bill amends section 1399-o of the Public Health
Law by adding a new subdivision 4 prohibiting the activation or use of
an electronic or e-cigarette to simulate smoking on school grounds.

Section two is the effective date.

JUSTIFICATION:  Electronic cigarettes or e-cigarettes are defined by
the Public Health Law as, electronic devices that deliver vapor which
is inhaled by an individual user, and shall include any refill,
cartridge and any other component of such a device. Generally, these
are electronic devices that deliver nicotine to the user. While these
devices do not contain tobacco or emit smoke, they heat up liquid
nicotine and emit water vapor. E-cigarettes are not currently
regulated by the FDA and are not subject to tobacco laws since they do
not contain tobacco.  This lack of oversight is placing individuals at
risk because there is little known about the chemical make-up of the

liquid nicotine or the harm to individuals from inhaling the water
vapor directly or through secondhand exposure. In fact, testing
performed by the FDA found that electronic cigarettes can be dangerous
because users inhale carcinogens and toxic chemicals, such as
diethylene glycol, an ingredient found in antifreeze. It is for these
reasons the state banned the sale and distribution of electronic
cigarettes to minors under the age of 18 in 2012.

This legislation is necessary to further protect minors from the
dangers of these unregulated devices, particularly because they have
not been proven to be safe for use at any age, by prohibiting their
use on any school ground. School grounds are defined by the Public
Health Law as, any building, structure, and surrounding outdoor
grounds contained within a public or private pre-school, nursery
school, elementary or secondary school's legally defined property
boundaries as registered in a county clerk's office, and any vehicles
used to transport children or school personnel. The use of electronic
cigarettes in schools is a major problem. Because they are so easily
hidden, students will bring e-cigarettes into classrooms and use the
devises while class is in session. Not only is this distracting for
the other students, e-cigarette use may pose major health risks to
users, and as stated above, the sale and distribution of these devises
to minors remains prohibited. Although teachers are not always aware
of the use, students detect e-cigarette usage because of the
distinctive odors produced by e-cigarettes. Furthermore, e-cigarettes
may not be included under tobacco-free school regulations because the
devices do not contain any tobacco.

Despite the absence of tobacco and the prohibition against the sale of
these devices to minors, e-cigarette use by children and teens remains
prevalent and should be robustly discouraged. Unknown health


consequences and the ubiquitous nature of e-cigarettes make these
devices especially concerning. By prohibiting the possession of these
devices on school grounds the State of New York renews its commitment
to preventing childhood and teenage smoking.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.

S4188A - Bill Text download pdf

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

                                 4188--A
    Cal. No. 599

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- 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,  amended
  on  second  report, ordered to a third reading, and to be reprinted as
  amended, retaining its place in the order of third reading

AN ACT to amend the public health law, in relation to prohibiting  e-ci-
  garettes on school grounds

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

  Section 1. Section 1399-o of the  public  health  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4.  ACTIVATION  OR  USE  OF  AN ELECTRONIC CIGARETTE OR E-CIGARETTE TO
SIMULATE SMOKING SHALL NOT BE PERMITTED ON SCHOOL GROUNDS, AS DEFINED IN
SUBDIVISION SIX OF SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS  ARTI-
CLE.
  A.  "SMOKING"  SHALL  HAVE THE SAME MEANING AS IN SUBDIVISION EIGHT OF
SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTICLE.
  B. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF
THIS CHAPTER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09576-06-5

S4188B - Details

Current Committee:: Assembly Codes
Law Section:: Public Health Law
Laws Affected:: Amd §1399-o, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S750

S4188B - Summary

Prohibits use of e-cigarettes on school grounds.

S4188B - Sponsor Memo

 BILL NUMBER:  S4188B

 TITLE OF BILL :

An act to amend the public health law, in relation to prohibiting
e-cigarettes on school grounds

 PURPOSE :

This bill prohibits the activation or use of e-cigarettes on school
grounds.

 SUMMARY OF PROVISIONS :

Section 1 amends § 1399-o of the Public Health Law by adding a new
subdivision 5 prohibiting the activation or use of an electronic
cigarette or e-cigarette on school grounds. School grounds are defined
under § 1399-n(6) of the Public Health Law. Electronic cigarettes or
e-cigarettes shall have the same meaning as § 1399-aa(13) of the
Public Health Law.

Section 2 is the effective date.

 JUSTIFICATION :

Electronic cigarettes or e-cigarettes are defined by the Public Health

Law as, electronic devices that deliver vapor which is inhaled by an
individual user, and shall include any refill, cartridge and any other
component of such a device. Generally, these are electronic devices
that deliver nicotine to the user. While these devices do not contain
tobacco or emit smoke, they heat up liquid nicotine and emit water
vapor. E-cigarettes are not currently regulated by the FDA and are not
subject to tobacco laws since they do not contain tobacco.  This lack
of oversight is placing individuals at risk because there is little
known about the chemical make-up of the liquid nicotine or the harm to
individuals from inhaling the water vapor directly or through
secondhand exposure. In fact, testing performed by the FDA found that
electronic cigarettes can be dangerous because users inhale
carcinogens and toxic chemicals, such as diethylene glycol, an
ingredient found in antifreeze. It is for these reasons the state
banned the sale and distribution of electronic cigarettes to minors
under the age of 18 in 2012.

This legislation is necessary to further protect minors from the
dangers of these unregulated devices, particularly because they have
not been proven to be safe for use at any age, by prohibiting their
use on any school ground. School grounds are defined by the Public
Health Law as, any building, structure, and surrounding outdoor
grounds contained within a public or private pre-school, nursery
school, elementary or secondary school's legally defined property
boundaries as registered in a county clerk's office, and any vehicles
used to transport children or school personnel. The use of electronic
cigarettes in schools is a major problem. Because they are so easily
hidden, students will bring e-cigarettes into classrooms and use the
devises while class is in session. Not only is this distracting for
the other students, e-cigarette use may pose major health risks to
users, and as stated above, the sale and distribution of these devises
to minors remains prohibited. Although teachers are not always aware
of the use, students detect e-cigarette usage because of the
distinctive odors produced by e-cigarettes. Furthermore, e-cigarettes
may not be included under tobacco-free school regulations because the
devices do not contain any tobacco.

Despite the absence of tobacco and the prohibition against the sale of
these devices to minors, e-cigarette use by children and teens remains
prevalent and should be robustly discouraged. Unknown health
consequences and the ubiquitous nature of e-cigarettes make these
devices especially concerning. By prohibiting the possession of these
devices on school grounds the State of New York renews its commitment
to preventing childhood and teenage smoking.

 LEGISLATIVE HISTORY :

2015: S.4188-A reported from Health

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

S4188B - Bill Text download pdf

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

                                 4188--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- 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,  amended
  on  second  report, ordered to a third reading, and to be reprinted as
  amended, retaining its place in the order of third reading  --  recom-
  mitted  to  the  Committee on Health in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the public health law, in relation to prohibiting e-ci-
  garettes on school grounds

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

  Section  1.  Section  1399-o  of  the  public health law is amended by
adding a new subdivision 5 to read as follows:
  5. ACTIVATION OR USE OF AN ELECTRONIC CIGARETTE OR  E-CIGARETTE  SHALL
NOT  BE  PERMITTED  ON  SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION SIX OF
SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTICLE.
  "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING AS
IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN  HUNDRED  NINETY-NINE-AA  OF
THIS CHAPTER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09576-10-6

Co-Sponsors

S4188C (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Public Health Law
Laws Affected:: Amd §1399-o, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S750

S4188C (ACTIVE) - Summary

Prohibits use of e-cigarettes on school grounds.

S4188C (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S4188C

 TITLE OF BILL :  An act to amend the public health law, in relation
to prohibiting e-cigarettes on school grounds

 PURPOSE :

This bill prohibits the use of e-cigarettes on school grounds.

 SUMMARY OF PROVISIONS :

Section 1 amends § 1399-o of the Public Health Law by adding a new
subdivision 5 prohibiting the use of an electronic cigarette or
e-cigarette on school grounds. School grounds are defined under §
1399-n(6) of the Public Health Law. Electronic cigarettes or
e-cigarettes shall have the same meaning as § 1399-aa(13) of the
Public Health Law.

Section 2 is the effective date.

 EXISTING LAW :

Article 13-E regulates smoking in certain public areas. Section 1399-n
provides the definitions for the purposes of this article. Section
1399-n(6) defines school grounds to mean any building, structure, and
surrounding outdoor grounds contained within a public or private

pre-school, nursery school, elementary or secondary school's legally
defined property boundaries as registered in a county clerk's office
and any vehicles used to transport children or personnel.

Article 13-F regulates tobacco products, herbal cigarettes, and
smoking paraphernalia and the distribution to minors. Section 1399-aa
provides the definitions for the purposes of this article. Section
1399-aa(13) defines electronic cigarette or e-cigarette means an
electronic device that delivers vapor which is inhaled by an
individual user, and shall include any refill, cartridge and any other
component of such a device.

Current law does not prohibit electronic cigarettes or e-cigarettes on
school grounds.

 JUSTIFICATION :

Electronic cigarettes or e-cigarettes are defined by the Public Health
Law as, electronic devices that deliver vapor which is inhaled by an
individual user, and shall include any refill, cartridge and any other
component of such a device. Generally, these are electronic devices
that deliver nicotine to the user. While these devices do not contain
tobacco or emit smoke, they heat up liquid nicotine and emit water
vapor. E-cigarettes are not currently regulated by the FDA and are not
subject to tobacco laws since they do not contain tobacco.  This lack
of oversight is placing individuals at risk because there is little
known about the chemical make-up of the liquid nicotine or the harm to
individuals from inhaling the water vapor directly or through
secondhand exposure. In fact, testing performed by the FDA found that
electronic cigarettes can be dangerous because users inhale
carcinogens and toxic chemicals, such as diethylene glycol, an
ingredient found in antifreeze. It is for these reasons the state
banned the sale and distribution of electronic cigarettes to minors
under the age of 18 in 2012.

This legislation is necessary to further protect minors from the
dangers of these unregulated devices, particularly because they have
not been proven to be safe for use at any age, by prohibiting their
use on any school ground. School grounds are defined by the Public
Health Law as, any building, structure, and surrounding outdoor
grounds contained within a public or private pre-school, nursery
school, elementary or secondary school's legally defined property
boundaries as registered in a county clerk's office, and any vehicles
used to transport children or school personnel. The use of electronic
cigarettes in schools is a major problem. Because they are so easily
hidden, students will bring e-cigarettes into classrooms and use the
devises while class is in session. Not only is this distracting for
the other students, e-cigarette use may pose major health risks to
users, and as stated above, the sale and distribution of these devises
to minors remains prohibited. Although teachers are not always aware
of the use, students detect e-cigarette usage because of the
distinctive odors produced by e-cigarettes. Furthermore, e-cigarettes
may not be included under tobacco-free school regulations because the
devices do not contain any tobacco.

Despite the absence of tobacco and the prohibition against the sale of
these devices to minors, e-cigarette use by children and teens remains
prevalent and should be robustly discouraged. Unknown health
consequences and the ubiquitous nature of e-cigarettes make these
devices especially concerning. By prohibiting the possession of these
devices on school grounds the State of New York renews its commitment
to preventing childhood and teenage smoking.

 LEGISLATIVE HISTORY :

2015: S.4188-A reported from Health

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

S4188C (ACTIVE) - Bill Text download pdf

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

                                 4188--C
    Cal. No. 180

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- 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,  amended
  on  second  report, ordered to a third reading, and to be reprinted as
  amended, retaining its place in the order of third reading  --  recom-
  mitted  to  the  Committee on Health in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and  recommitted to said committee -- reported favorably from
  said committee, ordered to first  report,  amended  on  first  report,
  ordered  to a second report and ordered reprinted, retaining its place
  in the order of second report

AN ACT to amend the public health law, in relation to prohibiting  e-ci-
  garettes on school grounds

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

  Section 1. Section 1399-o of the  public  health  law  is  amended  by
adding a new subdivision 5 to read as follows:
  5.  A.  USE  OF  AN  ELECTRONIC  CIGARETTE OR E-CIGARETTE SHALL NOT BE
PERMITTED ON SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION  SIX  OF  SECTION
THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTICLE.
  B. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF
THIS CHAPTER.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09576-12-6

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The New York State Senate

senate Bill S4188B

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Apr 11, 2016 - floor Vote

Floor Vote: Apr 11, 2016

Feb 9, 2016 - Health committee Vote

Health Committee Vote: Feb 9, 2016

May 12, 2015 - Health committee Vote

Committee Vote: May 12, 2015

Bill Amendments

S4188 - Details

S4188 - Summary

S4188 - Sponsor Memo

S4188 - Bill Text download pdf

S4188A - Details

S4188A - Summary

S4188A - Sponsor Memo

S4188A - Bill Text download pdf

S4188B - Details

S4188B - Summary

S4188B - Sponsor Memo

S4188B - Bill Text download pdf

Co-Sponsors

S4188C (ACTIVE) - Details

S4188C (ACTIVE) - Summary

S4188C (ACTIVE) - Sponsor Memo

S4188C (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4188B

Share this bill

Sponsored By

Patty Ritchie

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Apr 11, 2016 - floor Vote

Floor Vote: Apr 11, 2016

Feb 9, 2016 - Health committee Vote

Health Committee Vote: Feb 9, 2016

May 12, 2015 - Health committee Vote

Committee Vote: May 12, 2015

Bill Amendments

S4188 - Details

S4188 - Summary

S4188 - Sponsor Memo

S4188 - Bill Text download pdf

S4188A - Details

S4188A - Summary

S4188A - Sponsor Memo

S4188A - Bill Text download pdf

S4188B - Details

S4188B - Summary

S4188B - Sponsor Memo

S4188B - Bill Text download pdf

Co-Sponsors

Adriano Espaillat

S4188C (ACTIVE) - Details

S4188C (ACTIVE) - Summary

S4188C (ACTIVE) - Sponsor Memo

S4188C (ACTIVE) - Bill Text download pdf

Comments