NY State Senate Bill 2017-S4799A

Senate Bill S4799A

2017-2018 Legislative Session

Adds a bicycle and pedestrian safety component to the pre-licensing drivers education course

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2018	print number 4799a
Feb 06, 2018	amend and recommit to transportation
Jan 03, 2018	referred to transportation
Mar 01, 2017	referred to transportation

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S4799 - Details

See Assembly Version of this Bill:: A9942
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8487
2011-2012: S3598
2013-2014: S2972, S6143
2015-2016: S1452
2019-2020: A5885

2017-S4799 - Summary

Adds a bicycle and pedestrian safety component to the pre-licensing driver's education course.

2017-S4799 - Sponsor Memo

                                 BILL NUMBER:  S4799

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to adding a bicycle and pedestrian safety component to the
pre-licensing driver's education course

 PURPOSE :

Ensure that drivers receive instruction regarding situations that they
may face when sharing the road with cyclists, pedestrians and others
before they obtain their New York State driver's license.

 SUMMARY OF PROVISIONS :

Section one of this bill amends Vehicle and Traffic Law section 502 by
amending subparagraph (i) of paragraph (a), paragraphs (b) and (d),
and adding a new paragraph (c-3). Section 502(4)(a)(i) is amended by
adding bicycle and pedestrian safety to the list of topics that shall
be included in the written examination given to applicants for a
driver's license. The amendments to paragraphs (b) and (d) make
changes to reflect the addition of bicycle and pedestrian safety to
the driver's license written examination. New paragraph (c-3)
prescribes topics that must be included in the bicycle and pedestrian
safety component of the pre-licensing course and which can be included
in the driver's license written examination.

Section two of this bill provides that this act shall take effect on
the ninetieth day after it shall have become a law.

 EXISTING LAW :

Currently, the Vehicle and Traffic Law requires pre-licensing
education courses and the licensing examination to include various
laws and rules relating to operating a motor vehicle in New York.

 JUSTIFICATION :

Vehicle and Traffic Law section 502 mandates that prospective drivers
take a pre-licensing course and a written examination prior to
obtaining a driver's license. While the pre-licensing course and
written examination are required to cover various subjects such as
road rage, driving while impaired and exercising due care to avoid
collisions are required to be included in such pre-licensing education
courses and the licensing examination, bicycle and pedestrian safety
are not required to be included in these courses or in the
examination.

There has been a dramatic increase in the number of bicycles on the
road; some estimates put the number of riders at more than 200,000
daily. Additionally, the number automobile and pedestrian accidents
continues to increase. Because there are more bicyclists sharing the
roads, it is imperative that the regulations governing the licensing
of New York State drivers reflect this fact. This legislation would
specifically require the pre-licensing course to cover bicycle safety,
as well as other non-motorized vehicles, and ensure future motorists
are better able to share the road.

 LEGISLATIVE HISTORY :

2016: S.1452 - Passed the Senate
2015: S.1452 - Passed the Senate
2014: S.6143-A - Passed the Senate
2013: S.2972 - Referred to Transportation
2012: S.3598-A - Referred to Transportation
2011: S.3958 - Referred to Transportation
2010: S.8487 - Referred to in Rules
 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S4799 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4799
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2017
                                ___________
 
 Introduced  by  Sens.  GOLDEN, O'MARA -- 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  adding  a
   bicycle  and pedestrian safety component to the pre-licensing driver's
   education course

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i) of paragraph (a) and paragraphs (b) and
 (d) of subdivision 4 of section 502 of  the  vehicle  and  traffic  law,
 subparagraph  (i)  of paragraph (a) as amended by chapter 97 of the laws
 of 2016 and paragraphs (b) and (d) as amended by chapter 585 of the laws
 of 2002, are amended and a new paragraph  (c-3)  is  added  to  read  as
 follows:
   (i)  Upon  submission  of  an  application for a driver's license, the
 applicant shall be required to take and pass a test, or submit  evidence
 of  passage of a test, with respect to the laws relating to traffic, the
 laws relating to driving while ability is impaired and while  intoxicat-
 ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
 ty"  awareness as defined by the commissioner, the law relating to exer-
 cising due care to avoid colliding with a parked,  stopped  or  standing
 authorized emergency vehicle or hazard vehicle pursuant to section elev-
 en hundred forty-four-a of this chapter, the ability to read and compre-
 hend  traffic  signs and symbols, BICYCLE AND PEDESTRIAN SAFETY and such
 other matters as the commissioner may prescribe, and  to  satisfactorily
 complete  a  course prescribed by the commissioner of not less than four
 hours and not more than  five  hours,  consisting  of  classroom  driver
 training  and highway safety instruction or the equivalent thereof. Such
 test shall include at  least  seven  written  questions  concerning  the
 effects of consumption of alcohol or drugs on the ability of a person to
 operate a motor vehicle and the legal and financial consequences result-
 ing  from  violations of section eleven hundred ninety-two of this chap-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09753-01-7

 S. 4799                             2
 
 ter, prohibiting the operation of a motor vehicle while under the influ-
 ence of alcohol or drugs. Such test shall include one  or  more  written
 questions concerning the devastating effects of "Road Rage" on the abil-
 ity  of  a person to operate a motor vehicle and the legal and financial
 consequences resulting from assaulting, threatening or interfering  with
 the  lawful  conduct  of  another person legally using the roadway. Such
 test shall include  one  or  more  questions  concerning  the  potential
 dangers  to persons and equipment resulting from the unsafe operation of
 a motor vehicle in a work zone. Such test may include one or more  ques-
 tions concerning the law for exercising due care to avoid colliding with
 a parked, stopped or standing vehicle pursuant to section eleven hundred
 forty-four-a  of this chapter. SUCH TEST SHALL INCLUDE ONE OR MORE QUES-
 TIONS CONCERNING BICYCLE AND  PEDESTRIAN  SAFETY.  Such  test  shall  be
 administered  by  the  commissioner.  The  commissioner  shall cause the
 applicant to take a vision test and a test  for  color  blindness.  Upon
 passage  of  the  vision  test,  the application may be accepted and the
 application fee shall be payable.
   (b) Upon successful completion of the requirements set forth in  para-
 graph  (a)  of  this subdivision which shall include an alcohol and drug
 education component as described in paragraph (c) of this subdivision, a
 "Road Rage" awareness component as described in paragraph (c-1) of  this
 subdivision [and], a "Work Zone Safety" awareness component as described
 in  paragraph  (c-2)  of this subdivision, AND A "BICYCLE AND PEDESTRIAN
 SAFETY" COMPONENT AS DESCRIBED IN PARAGRAPH (C-3) OF  THIS  SUBDIVISION,
 the  commissioner  shall  cause  the  applicant to take a road test in a
 representative vehicle of a type prescribed by  the  commissioner  which
 shall  be  appropriate  to  the type of license for which application is
 made, except that the commissioner may waive the road test  requirements
 for certain classes of applicants. The commissioner shall have the power
 to  establish  a  program  to  allow persons other than employees of the
 department to conduct road tests in representative  vehicles  when  such
 tests  are  required for applicants to obtain a class A, B or C license.
 If she chooses to do so, she shall set forth her reasons in writing  and
 conduct  a public hearing on the matter. She shall only establish such a
 program after holding the public hearing.
   (C-3) "BICYCLE AND PEDESTRIAN SAFETY" COMPONENT. (I) THE  COMMISSIONER
 SHALL PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF
 THIS SUBDIVISION, A MANDATORY COMPONENT IN "BICYCLE AND PEDESTRIAN SAFE-
 TY"  EDUCATION  AS  A  PREREQUISITE FOR OBTAINING A LICENSE TO OPERATE A
 MOTOR VEHICLE. THE PURPOSE OF THE COMPONENT IS  TO  EDUCATE  PROSPECTIVE
 LICENSEES  ON  THE POTENTIAL DANGERS TO PEDESTRIANS, BICYCLISTS, IN-LINE
 SKATERS, SCOOTER RIDERS, SKATEBOARDERS AND OTHER NON-MOTORIZED  VEHICLES
 CREATED BY MOTOR VEHICLES.
   (II)  THE  COMMISSIONER  SHALL ESTABLISH A CURRICULUM FOR THE "BICYCLE
 AND PEDESTRIAN SAFETY" COMPONENT WHICH SHALL INCLUDE BUT NOT BE  LIMITED
 TO:   SAFELY PASSING A CYCLIST ON THE ROAD, SPECIAL CONSIDERATIONS WHILE
 DRIVING IN URBAN AREAS, BICYCLE LANES AS DEFINED IN SECTION ONE  HUNDRED
 TWO-A  OF  THIS  CHAPTER  AND OTHER ROADWAY DESIGNS EMPLOYED IN NEW YORK
 STATE FOR THE SAFETY OF PEDESTRIANS AND CYCLISTS,  HOW  TO  NAVIGATE  AN
 INTERSECTION  WITH  PEDESTRIANS  AND CYCLISTS, EXITING A VEHICLE WITHOUT
 ENDANGERING PEDESTRIANS AND CYCLISTS, THE REQUIREMENT THAT DRIVERS EXER-
 CISE DUE CARE TO AVOID COLLISION WITH A BICYCLIST OR PEDESTRIAN  ON  THE
 ROAD PURSUANT TO SECTION ELEVEN HUNDRED FORTY-SIX OF THIS CHAPTER.
   (III)  IN  DEVELOPING  SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
 WITH THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF TRANSPORTA-
 TION OF THE CITY OF NEW YORK AND BICYCLE AND PEDESTRIAN ADVOCATES.

 S. 4799                             3
 
   (d) The commissioner shall make available for distribution upon regis-
 tration at each location where the pre-licensing course will  be  given,
 instructional  handbooks  outlining the content of the entire curriculum
 of the pre-licensing course including the  information  required  to  be
 included  in  the  course pursuant to paragraphs (c), (c-1) [and], (c-2)
 AND (C-3) of this subdivision. The commissioner shall also  provide  for
 the  additional  training of the instructors necessary for the competent
 instruction of the alcohol and drug education [and], "Road Rage"  aware-
 ness  [and],  "Work  Zone  Safety" awareness AND "BICYCLE AND PEDESTRIAN
 SAFETY" subject matters of the pre-licensing course.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

2017-S4799A (ACTIVE) - Details

See Assembly Version of this Bill:: A9942
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8487
2011-2012: S3598
2013-2014: S2972, S6143
2015-2016: S1452
2019-2020: A5885

2017-S4799A (ACTIVE) - Summary

Adds a bicycle and pedestrian safety component to the pre-licensing driver's education course.

2017-S4799A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4799A

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to adding a bicycle and pedestrian safety component to the
pre-licensing driver's education course

 
PURPOSE OR GENERAL IDEA OF BILL:

Ensure that drivers receive instruction regarding situations that they
may face when sharing the road with cyclists, pedestrians and others
before they obtain their New York State driver's license.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends Vehicle and Traffic Law section 502 by
amending subparagraph (i) of paragraph (a), paragraphs (b) and (d), and
adding a new paragraph (c-4). Section 502(4)(a)(i) is amended by adding
bicycle and pedestrian safety to the list of topics that shall be
included in the written examination given to applicants for a driver's
license. The amendments to paragraphs (b) and (d) make changes to

reflect the addition of bicycle and pedestrian safety to the driver's
license written examination. New paragraph (c-4) prescribes topics that
must be included in the bicycle and pedestrian safety component of the
pre-licensing course and which can be included in the driver's license
written examination.

Section two of this bill provides that this act shall take effect on the
ninetieth day after it shall have become a law.

 
EXISTING LAW:

Currently, the Vehicle and Traffic Law requires pre-licensing education
courses and the licensing examination to include various laws and rules
relating to operating a motor vehicle in New York.

 
JUSTIFICATION:

Vehicle and Traffic Law section 502 mandates that prospective drivers
take a pre-licensing course and a written examination prior to obtaining
a driver's license. While the pre-licensing course and written examina-
tion are required to cover various subjects such as road rage, driving
while impaired and exercising due care to avoid collisions are required
to be included in such pre-licensing education courses and the licensing
examination, bicycle and pedestrian safety are not required to be
included in these courses or in the examination.

There has been a dramatic increase in the number of bicycles on the
road; some estimates put the number of riders at more than 200,000
daily. Additionally, the number automobile and pedestrian accidents
continues to increase. Because there are more bicyclists sharing the
roads, it is imperative that the regulations governing the licensing of
New York State drivers reflect this fact. This legislation would specif-
ically require the pre-licensing course to cover bicycle safety, as well
as other non-motorized vehicles, and ensure future motorists are better
able to share the road.

 
PRIOR LEGISLATIVE HISTORY:

2017: S. 4799 - Referred to Transportation
2016: S.1452 - Passed the Senate
2015: S.1452 - Passed the Senate
2014: S.6143-A - Passed the Senate
2013: S.2972 - Referred to Transportation
2012: S.3598-A - Referred to Transportation
2011: S.3958 - Referred to Transportation
2010: S.8487 - Referred to in Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S4799A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4799--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2017
                                ___________
 
 Introduced  by  Sens.  GOLDEN, KENNEDY, O'MARA -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation -- recommitted to the Committee on Transportation in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the vehicle and traffic law, in relation to adding a
   bicycle and pedestrian safety component to the pre-licensing  driver's
   education course
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of paragraph (a) and  paragraphs  (b)  and
 (d)  of  subdivision 4 of section 502 of the vehicle and traffic law, as
 amended by chapter 355 of the laws of 2017, are amended and a new  para-
 graph (c-4) is added to read as follows:
   (i)  Upon  submission  of  an  application for a driver's license, the
 applicant shall be required to take and pass a test, or submit  evidence
 of  passage of a test, with respect to the laws relating to traffic, the
 laws relating to driving while ability is impaired and while  intoxicat-
 ed,  under the overpowering influence of "Road Rage", "Work Zone Safety"
 awareness and "Motorcycle Safety" awareness as defined  by  the  commis-
 sioner,  the law relating to exercising due care to avoid colliding with
 a parked, stopped or standing authorized  emergency  vehicle  or  hazard
 vehicle pursuant to section eleven hundred forty-four-a of this chapter,
 the  ability  to  read and comprehend traffic signs and symbols and such
 other matters as the commissioner may prescribe, and  to  satisfactorily
 complete  a  course prescribed by the commissioner of not less than four
 hours and not more than  five  hours,  consisting  of  classroom  driver
 training  and highway safety instruction or the equivalent thereof. SUCH
 TEST SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING BICYCLE  AND  PEDES-
 TRIAN  SAFETY.  Such test shall include at least seven written questions
 concerning the effects of consumption of alcohol or drugs on the ability
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09753-04-8

 S. 4799--A                          2
 
 of a person to operate a motor  vehicle  and  the  legal  and  financial
 consequences  resulting  from violations of section eleven hundred nine-
 ty-two of this chapter, prohibiting the operation  of  a  motor  vehicle
 while  under  the influence of alcohol or drugs. Such test shall include
 one or more written questions  concerning  the  devastating  effects  of
 "Road  Rage"  on  the ability of a person to operate a motor vehicle and
 the legal and financial consequences resulting from assaulting,  threat-
 ening  or  interfering with the lawful conduct of another person legally
 using the roadway.  Such  test  shall  include  one  or  more  questions
 concerning the potential dangers to persons and equipment resulting from
 the  unsafe  operation  of a motor vehicle in a work zone. Such test may
 include one or more questions concerning motorcycle  safety.  Such  test
 may  include one or more questions concerning the law for exercising due
 care to avoid colliding with  a  parked,  stopped  or  standing  vehicle
 pursuant  to  section  eleven hundred forty-four-a of this chapter. Such
 test shall be administered by the commissioner. The  commissioner  shall
 cause  the  applicant  to take a vision test and a test for color blind-
 ness. Upon passage of the vision test, the application may  be  accepted
 and the application fee shall be payable.
   (b)  Upon successful completion of the requirements set forth in para-
 graph (a) of this subdivision which shall include an  alcohol  and  drug
 education component as described in paragraph (c) of this subdivision, a
 "Road  Rage" awareness component as described in paragraph (c-1) of this
 subdivision [and], a "Work Zone Safety" awareness component as described
 in paragraph (c-2) of this  subdivision,  [and]  a  "Motorcycle  Safety"
 awareness  component as described in paragraph (c-3) of this subdivision
 AND A "BICYCLE AND PEDESTRIAN SAFETY" COMPONENT AS  DESCRIBED  IN  PARA-
 GRAPH  (C-4) OF THIS SUBDIVISION the commissioner shall cause the appli-
 cant to take  a  road  test  in  a  representative  vehicle  of  a  type
 prescribed by the commissioner which shall be appropriate to the type of
 license  for which application is made, except that the commissioner may
 waive the road test requirements for certain classes of applicants.  The
 commissioner  shall  have  the  power  to  establish  a program to allow
 persons other than employees of the department to conduct road tests  in
 representative  vehicles  when such tests are required for applicants to
 obtain a class A, B or C license. If she chooses to do so, she shall set
 forth her reasons in writing and conduct a public hearing on the matter.
 She shall only establish such a program after holding the  public  hear-
 ing.
   (C-4)  "BICYCLE AND PEDESTRIAN SAFETY" COMPONENT. (I) THE COMMISSIONER
 SHALL PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF
 THIS SUBDIVISION, A MANDATORY COMPONENT IN "BICYCLE AND PEDESTRIAN SAFE-
 TY" EDUCATION AS A PREREQUISITE FOR OBTAINING A  LICENSE  TO  OPERATE  A
 MOTOR  VEHICLE.  THE  PURPOSE OF THE COMPONENT IS TO EDUCATE PROSPECTIVE
 LICENSEES ON THE POTENTIAL DANGERS TO PEDESTRIANS,  BICYCLISTS,  IN-LINE
 SKATERS,  SCOOTER RIDERS, SKATEBOARDERS AND OTHER NON-MOTORIZED VEHICLES
 CREATED BY MOTOR VEHICLES.
   (II) THE COMMISSIONER SHALL ESTABLISH A CURRICULUM  FOR  THE  "BICYCLE
 AND  PEDESTRIAN SAFETY" COMPONENT WHICH SHALL INCLUDE BUT NOT BE LIMITED
 TO:  SAFELY PASSING A CYCLIST ON THE ROAD, SPECIAL CONSIDERATIONS  WHILE
 DRIVING  IN URBAN AREAS, BICYCLE LANES AS DEFINED IN SECTION ONE HUNDRED
 TWO-A OF THIS CHAPTER AND OTHER ROADWAY DESIGNS  EMPLOYED  IN  NEW  YORK
 STATE  FOR  THE  SAFETY  OF PEDESTRIANS AND CYCLISTS, HOW TO NAVIGATE AN
 INTERSECTION WITH PEDESTRIANS AND CYCLISTS, EXITING  A  VEHICLE  WITHOUT
 ENDANGERING PEDESTRIANS AND CYCLISTS, THE REQUIREMENT THAT DRIVERS EXER-

 S. 4799--A                          3
 
 CISE  DUE  CARE TO AVOID COLLISION WITH A BICYCLIST OR PEDESTRIAN ON THE
 ROAD PURSUANT TO SECTION ELEVEN HUNDRED FORTY-SIX OF THIS CHAPTER.
   (III)  IN  DEVELOPING  SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
 WITH THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF TRANSPORTA-
 TION OF THE CITY OF NEW YORK AND BICYCLE AND PEDESTRIAN ADVOCATES.
   (d) The commissioner shall make available for distribution upon regis-
 tration at each location where the pre-licensing course will  be  given,
 instructional  handbooks  outlining the content of the entire curriculum
 of the pre-licensing course including the  information  required  to  be
 included  in  the course pursuant to paragraphs (c), (c-1), (c-2) [and],
 (c-3) AND (C-4) of this subdivision. The commissioner shall also provide
 for the additional training of the instructors necessary for the  compe-
 tent  instruction  of the alcohol and drug education, "Road Rage" aware-
 ness, "Work Zone Safety" awareness [and], "Motorcycle Safety" awareness,
 AND "BICYCLE AND PEDESTRIAN SAFETY" subject matters of the pre-licensing
 course.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that if chapter 355 of the laws of
 2017  shall  not  take effect on or before such date then section one of
 this act shall take effect on the same date and in the  same  manner  as
 such chapter of the laws of 2017, takes effect.

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Senate Bill S4799A

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

Timothy M. Kennedy

Thomas F. O'Mara

2017-S4799 - Details

2017-S4799 - Summary

2017-S4799 - Sponsor Memo

2017-S4799 - Bill Text download pdf

co-Sponsors

Timothy M. Kennedy

Thomas F. O'Mara

2017-S4799A (ACTIVE) - Details

2017-S4799A (ACTIVE) - Summary

2017-S4799A (ACTIVE) - Sponsor Memo

2017-S4799A (ACTIVE) - Bill Text download pdf

Comments