NY State Senate Bill 2025-S4922A

Current Bill Status - On Floor Calendar

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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2026	2nd report cal.
May 18, 2026	1st report cal.1138
Jan 28, 2026	amended by restoring to previous print 4922a
Jun 09, 2025	amend (t) and recommit to codes
May 05, 2025	print number 4922a
Jan 07, 2026	referred to codes
Jun 09, 2025	print number 4922b
May 05, 2025	amend and recommit to codes
Feb 14, 2025	referred to codes

Votes

- May 18, 2026 - Codes Committee Vote
  S4922A
  
  Aye
  
  13
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: May 18, 2026
      
      aye (13)
      
      Bailey
      
      Brisport
      
      Cooney
      
      Gallivan
      
      Gounardes
      
      Kavanagh
      
      Murray
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Persaud
      
      Salazar
      
      Sepúlveda

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S4922 - Details

See Assembly Version of this Bill:: A1838
Law Section:: Penal Law
Laws Affected:: Amd §265.20, rpld §265.20 ¶15, Pen L
Versions Introduced in 2023-2024 Legislative Session:: A8140

2025-S4922 - Summary

Relates to the sale and possession of self-defense spray devices in the state; removes the requirement that only authorized dealers and pharmacists could sell such devices; permits shipping of such devices within the state; repeals certain provisions of law relating thereto.

2025-S4922 - Sponsor Memo

                                 
BILL NUMBER: S4922

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the penal law, in relation to the sale and possession of
self-defense spray devices; and to repeal certain provisions of such law
relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to the sale and possession of self-defense spray devices in the
state.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the penal law to permit the shipping and sale of self-
defense spray devices within the state.

Section 2. Repeals a portion of the penal law, which specified that the
"possession and sale of a self-defense spray device" could only be
performed by a licensed firearms dealer or a licensed pharmacist who was

authorized and approved by the superintendent of state police.

Section 3. Sets the effective date

 
JUSTIFICATION:

Self-defense spray devices, such as pepper spray, can be a powerful tool
against attackers. With the threat of violence against women remaining a
concern, giving people a non-lethal tool to defend themselves from their
would-be attackers and escape from the situation could be life-saving.

Pepper spray is legal in New York state, but there are numerous
restrictions. Some of those restrictions prohibit shipping certain
sprays within the state and some prohibit anyone other than a very
narrow group of licensed professionals from selling these devices.
These specific restrictions create a barrier that could prevent people
from being able to defend themselves.

 
LEGISLATIVE HISTORY:

2024; Held in Senate Codes Committee.

 
FISCAL IMPLICATIONS:

Yet to be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S4922 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4922
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to the sale and possession of
   self-defense spray devices; and to repeal certain provisions  of  such
   law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 14 of subdivision a  of  section  265.20  of  the
 penal  law,  as  added by chapter 354 of the laws of 1996, is amended to
 read as follows:
   14. Possession in accordance with the provisions of this paragraph  of
 a  self-defense  spray  device as defined herein for the protection of a
 person or property and use  of  such  self-defense  spray  device  under
 circumstances  which would justify the use of physical force pursuant to
 article thirty-five of this chapter.
   (a) As used in this section "self-defense spray device" shall  mean  a
 pocket  sized  spray  device  which  contains and releases a chemical or
 organic substance  which  is  intended  to  produce  temporary  physical
 discomfort  or disability through being vaporized or otherwise dispensed
 in the air or any like device containing tear  gas,  pepper  or  similar
 disabling agent.
   (b)  The  exemption  under  this paragraph shall not apply to a person
 who:
   (i) is less than eighteen years of age; or
   (ii) has been previously convicted in this state of a  felony  or  any
 assault; or
   (iii)  has  been  convicted  of  a crime outside the state of New York
 which if committed in New York would constitute a felony or any  assault
 crime.
   (c)  The department of health, with the cooperation of the division of
 criminal justice services and the superintendent of state police,  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03414-01-5

 S. 4922                             2
 
 develop standards and promulgate regulations regarding the type of self-
 defense spray device which may lawfully be purchased, possessed and used
 pursuant  to  this  paragraph. THE REGULATIONS SHALL PERMIT THE SHIPPING
 AND  SALE OF SUCH SELF-DEFENSE SPRAY DEVICES WITHIN THE STATE IN ACCORD-
 ANCE WITH THIS SUBDIVISION. The regulations shall include a  requirement
 that  every  self-defense  spray device which may be lawfully purchased,
 possessed or used pursuant to this paragraph have a label which  states:
 "WARNING: The use of this substance or device for any purpose other than
 self-defense  is  a  criminal  offense  under  the law. The contents are
 dangerous - use with care. [This device shall  not  be  sold  by  anyone
 other  than  a licensed or authorized dealer.] Possession of this device
 by any person under the age of  eighteen  or  by  anyone  who  has  been
 convicted of a felony or assault is illegal. Violators may be prosecuted
 under the law."
   (D)  EVERY SELF-DEFENSE SPRAY DEVICE SHALL BE ACCOMPANIED BY AN INSERT
 OR INSERTS WHICH INCLUDE DIRECTIONS  FOR  USE,  FIRST  AID  INFORMATION,
 SAFETY  AND STORAGE INFORMATION AND WHICH SHALL ALSO CONTAIN A TOLL-FREE
 TELEPHONE NUMBER FOR THE PURPOSE OF ALLOWING ANY PURCHASER TO  CALL  AND
 RECEIVE  ADDITIONAL  INFORMATION  REGARDING  THE  AVAILABILITY  OF LOCAL
 COURSES IN SELF-DEFENSE TRAINING AND SAFETY IN THE USE OF A SELF-DEFENSE
 SPRAY DEVICE.
   (E) BEFORE DELIVERING A SELF-DEFENSE SPRAY DEVICE TO ANY  PERSON,  THE
 SELLER  SHALL  REQUIRE  PROOF  OF  AGE  AND  A SWORN STATEMENT ON A FORM
 APPROVED BY THE SUPERINTENDENT OF STATE POLICE THAT SUCH PERSON HAS  NOT
 BEEN CONVICTED OF A FELONY OR ANY CRIME INVOLVING AN ASSAULT. SUCH FORMS
 SHALL  BE FORWARDED TO THE DIVISION OF STATE POLICE AT SUCH INTERVALS AS
 DIRECTED BY THE SUPERINTENDENT OF STATE POLICE. ABSENT ANY  SUCH  DIREC-
 TION  THE FORMS SHALL BE MAINTAINED BY THE VENDOR AND SHALL BE AVAILABLE
 AT ALL REASONABLE HOURS FOR INSPECTION BY ANY PEACE  OFFICER  OR  POLICE
 OFFICER,  ACTING PURSUANT TO SUCH OFFICER'S SPECIAL DUTIES. NO MORE THAN
 TWO SELF-DEFENSE SPRAY DEVICES MAY BE SOLD AT ANY ONE TIME TO  A  SINGLE
 PURCHASER.
   §  2. Paragraph 15 of subdivision a of section 265.20 of the penal law
 is REPEALED.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2025-S4922A (ACTIVE) - Details

See Assembly Version of this Bill:: A1838
Law Section:: Penal Law
Laws Affected:: Amd §265.20, rpld §265.20 ¶15, Pen L
Versions Introduced in 2023-2024 Legislative Session:: A8140

2025-S4922A (ACTIVE) - Summary

2025-S4922A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4922A

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the penal law, in relation to the sale and possession of
self-defense spray devices; and to repeal certain provisions of such law
relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to the sale and possession of self-defense spray devices in the
state.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the penal law to permit the shipping and sale of self-
defense spray devices within the state.

Section 2. Repeals a portion of the penal law, which specified that the
"possession and sale of a self-defense spray device" could only be
performed by a licensed firearms dealer or a licensed pharmacist who was

authorized and approved by the superintendent of state police.

Section 3. Set an effective date.

 
JUSTIFICATION:

Self-defense spray devices, such as pepper spray, can be a powerful
tool_against attackers. With the threat of violence against women
remaining a_concern, giving people a non-lethal tool to defend them-
selves from their_would-be attackers and escape from the situation could
be lifesaving.

Pepper spray is legal in New York state, but there are numerous
restrictions. Some of those restrictions prohibit shipping certain
sprays within the state and some prohibit anyone other than a very
narrow group of licensed professionals from selling these devices.
These specific restrictions create a barrier that could prevent people
from being able to defend themselves.

 
PRIOR LEGISLATIVE HISTORY:

2023-24; A8140: Referred to Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S4922A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4922--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced by Sens. SCARCELLA-SPANTON, PALUMBO -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the penal law, in relation to the sale and possession of
   self-defense spray devices; and to repeal certain provisions  of  such
   law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 14 of subdivision a  of  section  265.20  of  the
 penal  law,  as  added by chapter 354 of the laws of 1996, is amended to
 read as follows:
   14. Possession in accordance with the provisions of this paragraph  of
 a  self-defense  spray  device as defined herein for the protection of a
 person or property and use  of  such  self-defense  spray  device  under
 circumstances  which would justify the use of physical force pursuant to
 article thirty-five of this chapter.
   (a) As used in this section "self-defense spray device" shall  mean  a
 pocket  sized  spray  device  which  contains and releases a chemical or
 organic substance  which  is  intended  to  produce  temporary  physical
 discomfort  or disability through being vaporized or otherwise dispensed
 in the air or any like device containing tear  gas,  pepper  or  similar
 disabling  agent.    NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE
 CONTRARY, THE CONTENTS OF EVERY  SELF-DEFENSE  SPRAY  DEVICE  SHALL  NOT
 CONTAIN MORE THAN 1.33 PERCENT BY WEIGHT TOTAL CAPSAICINOIDS.
   (b)  The  exemption  under  this paragraph shall not apply to a person
 who:
   (i) is less than eighteen years of age; or
   (ii) has been previously convicted in this state of a  felony  or  any
 assault; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03414-03-5
 S. 4922--A                          2

 
   (iii)  has  been  convicted  of  a crime outside the state of New York
 which if committed in New York would constitute a felony or any  assault
 crime.
   (c)  The department of health, with the cooperation of the division of
 criminal justice services and the superintendent of state police,  shall
 develop standards and promulgate regulations regarding the type of self-
 defense spray device which may lawfully be purchased, possessed and used
 pursuant  to  this  paragraph. THE REGULATIONS SHALL PERMIT THE SHIPPING
 AND SALE OF SUCH SELF-DEFENSE SPRAY DEVICES WITHIN THE STATE IN  ACCORD-
 ANCE  WITH THIS SUBDIVISION. The regulations shall include a requirement
 that every self-defense spray device which may  be  lawfully  purchased,
 possessed  or used pursuant to this paragraph have a label which states:
 "WARNING: The use of this substance or device for any purpose other than
 self-defense is a criminal offense  under  the  law.  The  contents  are
 dangerous  -  use  with  care.  [This device shall not be sold by anyone
 other than a licensed or authorized dealer.] Possession of  this  device
 by  any  person  under  the  age  of  eighteen or by anyone who has been
 convicted of a felony or assault is illegal. Violators may be prosecuted
 under the law."
   (D) EVERY SELF-DEFENSE SPRAY DEVICE SHALL BE ACCOMPANIED BY AN  INSERT
 OR  INSERTS  WHICH  INCLUDE  DIRECTIONS  FOR USE, FIRST AID INFORMATION,
 SAFETY AND STORAGE INFORMATION AND WHICH SHALL ALSO CONTAIN A  TOLL-FREE
 TELEPHONE  NUMBER  FOR THE PURPOSE OF ALLOWING ANY PURCHASER TO CALL AND
 RECEIVE ADDITIONAL  INFORMATION  REGARDING  THE  AVAILABILITY  OF  LOCAL
 COURSES IN SELF-DEFENSE TRAINING AND SAFETY IN THE USE OF A SELF-DEFENSE
 SPRAY DEVICE.
   (E)  BEFORE  DELIVERING A SELF-DEFENSE SPRAY DEVICE TO ANY PERSON, THE
 SELLER SHALL REQUIRE PROOF OF AGE.
   § 2. Paragraph 15 of subdivision a of section 265.20 of the penal  law
 is REPEALED.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2025-S4922B - Details

See Assembly Version of this Bill:: A1838
Law Section:: Penal Law
Laws Affected:: Amd §265.20, rpld §265.20 ¶15, Pen L
Versions Introduced in 2023-2024 Legislative Session:: A8140

2025-S4922B - Summary

2025-S4922B - Sponsor Memo

                                 
BILL NUMBER: S4922B

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the penal law, in relation to the sale and possession of
self-defense spray devices

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to the sale and possession of self-defense spray devices in the
state.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the penal law to permit the shipping and sale of self-
defense spray devices within the state.

Section 2. Repeals a portion of the penal taw, which specified that the
"possession and sale of a self-defense spray device" could only be
performed by a licensed firearms dealer or a licensed pharmacist who was
authorized and approved by the superintendent of state police.

Section 3. Set an effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The B print removes language requiring that Department of Health regu-
lations allow the devices to be shipped into the state and limits the
number of devices that may be sold at any one time to a single purchas-
er.

 
JUSTIFICATION:

Self-defense spray devices, such as pepper spray, can be a powerful tool
against attackers. With the threat of violence against women remaining a
concern, giving people a non-lethal tool to defend themselves from their
would-be attackers and escape from the situation could be lifesaving.
Pepper spray is legal in New York state, but there are numerous
restrictions. Streamlining the regulations will make it easier for New
Yorkers to obtain these important self-defense devices.

 
PRIOR LEGISLATIVE HISTORY:

2023-24 A8140: Referred to Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately

2025-S4922B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4922--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced by Sens. SCARCELLA-SPANTON, ADDABBO, PALUMBO, C. RYAN -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the penal law, in relation to the sale and possession of
   self-defense spray devices
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  14  of  subdivision a of section 265.20 of the
 penal law, as added by chapter 354 of the laws of 1996,  is  amended  to
 read as follows:
   14.  Possession in accordance with the provisions of this paragraph of
 a self-defense spray device as defined herein for the  protection  of  a
 person  or  property  and  use  of  such self-defense spray device under
 circumstances which would justify the use of physical force pursuant  to
 article thirty-five of this chapter.
   (a)  As  used in this section "self-defense spray device" shall mean a
 pocket sized spray device which contains  and  releases  a  chemical  or
 organic  substance  which  is  intended  to  produce  temporary physical
 discomfort or disability through being vaporized or otherwise  dispensed
 in  the  air  or  any like device containing tear gas, pepper or similar
 disabling agent.  NOTWITHSTANDING ANY LAW, RULE, OR  REGULATION  TO  THE
 CONTRARY,  THE  CONTENTS  OF  EVERY  SELF-DEFENSE SPRAY DEVICE SHALL NOT
 CONTAIN MORE THAN 1.33 PERCENT BY WEIGHT TOTAL CAPSAICINOIDS.
   (b) The exemption under this paragraph shall not  apply  to  a  person
 who:
   (i) is less than eighteen years of age; or
   (ii)  has  been  previously convicted in this state of a felony or any
 assault; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03414-07-5

 S. 4922--B                          2
 
   (iii) has been convicted of a crime outside  the  state  of  New  York
 which  if committed in New York would constitute a felony or any assault
 crime.
   (c)  The department of health, with the cooperation of the division of
 criminal justice services and the superintendent of state police,  shall
 develop standards and promulgate regulations regarding the type of self-
 defense spray device which may lawfully be purchased, possessed and used
 pursuant to this paragraph.  The regulations shall include a requirement
 that  every  self-defense  spray device which may be lawfully purchased,
 possessed or used pursuant to this paragraph have a label which  states:
 "WARNING: The use of this substance or device for any purpose other than
 self-defense  is  a  criminal  offense  under  the law. The contents are
 dangerous - use with care. This device shall not be sold by anyone other
 than a licensed or authorized dealer. Possession of this device  by  any
 person  under the age of eighteen or by anyone who has been convicted of
 a felony or assault is illegal. Violators may be  prosecuted  under  the
 law."
   (D)  EVERY SELF-DEFENSE SPRAY DEVICE SHALL BE ACCOMPANIED BY AN INSERT
 OR INSERTS WHICH INCLUDE DIRECTIONS  FOR  USE,  FIRST  AID  INFORMATION,
 SAFETY  AND STORAGE INFORMATION AND WHICH SHALL ALSO CONTAIN A TOLL-FREE
 TELEPHONE NUMBER FOR THE PURPOSE OF ALLOWING ANY PURCHASER TO  CALL  AND
 RECEIVE  ADDITIONAL  INFORMATION  REGARDING  THE  AVAILABILITY  OF LOCAL
 COURSES IN SELF-DEFENSE TRAINING AND SAFETY IN THE USE OF A SELF-DEFENSE
 SPRAY DEVICE.
   (E) BEFORE DELIVERING A SELF-DEFENSE SPRAY DEVICE TO ANY  PERSON,  THE
 SELLER SHALL REQUIRE PROOF OF AGE.
   §  2.  Subparagraph  (b)  of  paragraph 15 of subdivision a of section
 265.20 of the penal law, as added by chapter 354 of the laws of 1996, is
 amended to read as follows:
   (b) Before delivering a self-defense spray device to any  person,  the
 licensed  or  authorized  dealer shall require proof of age [and a sworn
 statement on a form approved by the superintendent of state police  that
 such person has not been convicted of a felony or any crime involving an
 assault.  Such  forms shall be forwarded to the division of state police
 at such intervals as directed by the  superintendent  of  state  police.
 Absent  any such direction the forms shall be maintained on the premises
 of the vendor and shall be open at all reasonable hours  for  inspection
 by  any  peace  officer or police officer, acting pursuant to his or her
 special duties]. No more than two self-defense spray devices may be sold
 at any one time to a single purchaser.
   § 3. This act shall take effect immediately.

Comments

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Kate_Davis_2

11 months ago

I am in complete support of this amendment! There's so much confusion about pepper spray legality because of the shipping and seller restrictions. It is a non-lethal safety tool that will help so many women and people of all ages feel safer in their daily lives. Thank you for putting this amendment forward, and I hope to see it approved quickly.

Phillip_Goldstein

5 months ago

This is one of the dumbest laws ever adopted. Whatever purpose limiting sales of pepper spray in New York is intended, the existing statute does not achieve it because residents can simply have it delivered, e.g., by Amazon, to another state, e.g., New Jersey (which has no restrictions on sales) and then legally bring it into New York. Therefore, the proposed amendment is a no brainer!

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Senate Bill S4922A

Sponsored By

Current Bill Status - On Floor Calendar

Actions

Votes

May 18, 2026 - Codes Committee Vote

Codes Committee Vote: May 18, 2026

Bill Amendments

co-Sponsors

2025-S4922 - Details

2025-S4922 - Summary

2025-S4922 - Sponsor Memo

2025-S4922 - Bill Text download pdf

co-Sponsors

2025-S4922A (ACTIVE) - Details

2025-S4922A (ACTIVE) - Summary

2025-S4922A (ACTIVE) - Sponsor Memo

2025-S4922A (ACTIVE) - Bill Text download pdf

co-Sponsors

2025-S4922B - Details

2025-S4922B - Summary

2025-S4922B - Sponsor Memo

2025-S4922B - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2025-S4922A

Senate Bill S4922A

Share this bill

Sponsored By

Current Bill Status - On Floor Calendar

Actions

Votes

Bill Amendments

co-Sponsors

2025-S4922 - Details

2025-S4922 - Summary

2025-S4922 - Sponsor Memo

2025-S4922 - Bill Text download pdf

co-Sponsors

2025-S4922A (ACTIVE) - Details

2025-S4922A (ACTIVE) - Summary

2025-S4922A (ACTIVE) - Sponsor Memo

2025-S4922A (ACTIVE) - Bill Text download pdf

co-Sponsors

2025-S4922B - Details

2025-S4922B - Summary

2025-S4922B - Sponsor Memo

2025-S4922B - Bill Text download pdf

Comments