NY State Senate Bill 2017-S2263

Senate Bill S2263

2017-2018 Legislative Session

Authorizes the local enactment of residency requirements for certain employees of police departments; salary increases and civil service credit

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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
Jan 03, 2018	referred to investigations and government operations
Jan 12, 2017	referred to investigations and government operations

co-Sponsors

2017-S2263 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L; add §207-r, Gen Muni L; amd §58, Civ Serv L; amd §§1310 & 606, add §1330-a, Tax L; add §466-k, RPT L; add §677-b, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3112
2011-2012: S3025
2013-2014: S85
2015-2016: S2372
2019-2020: S4268, S4968
2021-2022: S4751, S4936
2023-2024: S5873, S7343

2017-S2263 (ACTIVE) - Summary

Authorizes the enactment of local laws requiring residency in cities with a population of one million or more for members of the police force appointed to such positions; provides increased salaries for certain police officers who are residents of certain cities; provides additional credits on competitive exams for original appointment of police officers, tax credits, real property tax credits and student loan forgiveness based upon residency in certain cities.

2017-S2263 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2263

 TITLE OF BILL :

An act to amend the public officers law, the general municipal law and
the civil service law, in relation to residency requirements, salary,
and civil service exam credits for police officers in certain cities;
to amend the tax law and the real property tax law, in relation to
establishing certain tax credits for resident police officers; and to
amend the education law, in relation to the police officer loan
forgiveness program

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation provides certain municipalities with various local
law options intended to require or encourage residency by police
officers within these municipalities.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 authorizes a city with a population of one million or more
to enact a local law requiring anyone appointed a police officer of
such city to be a resident of that city during the term of the
officers employment. Persons who entered police service up to thirty
days after the enactment of the local law would not be subject to this
residency requirement.

Section 2 authorizes cities with a population of one hundred thousand
or more to enact a local law to increase by an amount of five percent
or more the salary of a police officer who is a resident of that city.

Section 3 authorizes cities with a population of one hundred thousand
or more to adopt a local law which would grant residents of a city
additional credit in competitive examinations for original appointment
as a police officer, and provides a procedure for implementation of
awarding this credit.

Sections 4 through 6 amend sections 1310, 1330-a and 606 of the tax
law authorizing cities to adopt and amend local laws providing for
resident police officer tax credits. New York City would be authorized
to provide a $500 city income tax credit, Yonkers would be authorized
to provide a city income tax credit of $100 and police officers who
reside in cities which have adopted applicable local laws authorizing
tax credits would receive a $500 state income Lax credit.

Section 7 authorizes cities with a population of one hundred thousand
or more to adopt a local law authorizing a real property tax credit
equal to a reduction of $10,000 of assessed value, times the
equalization rate, for resident police officers.

Section 8 amends the education law by establishing a police officer
loan forgiveness program for police officers who reside within a city
with a population of one hundred thousand or more, provided that the
city has adopted a local law authorizing a police officer residency
education loan forgiveness initiative. Awards under this program
provide up to $2,000 per year, for up to six years.

 JUSTIFICATION :

The various provisions of this legislation will increase the number of
police officers who are residents of the cities where they live, and
this will serve to improve police community relations within
participating cities.

 LEGISLATIVE HISTORY :

2015-16: S.2372A - Amended and Recommitted to Investigations &
Government Operations
2013-14: S.85A - Died in Investigations & Government Operations
2011-12: S.3025 - Died in Investigations & Government Operations
2009-10: S.3112 - Died in Investigations & Government Operations
2007-08: S.4281 - Referred to Investigations & Government Operations
2005-06: S.864 - Referred to Investigations & Government Operations
2003-04: S.646 - Referred to Investigations & Government Operations
2001-02: S.4082 - Referred to Investigations & Government Operations
1999-00: S.6785 - Referred to Investigations & Government Operations

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Costs yet to be determined.

 EFFECTIVE DATE :
This act shall take effect immediately, provided however that section
seven of this act shall take effect on the first of January next
succeeding the date on which it shall have become a law and shall
apply to taxable status dates occurring on or after such date.

2017-S2263 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2263
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public officers law, the general municipal  law  and
   the  civil service law, in relation to residency requirements, salary,
   and civil service exam credits for police officers in certain  cities;
   to  amend  the  tax  law and the real property tax law, in relation to
   establishing certain tax credits for resident police officers; and  to
   amend  the  education  law,  in  relation  to  the police officer loan
   forgiveness program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3 of the public officers law is amended by adding a
 new subdivision 66 to read as follows:
   66. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
 A CITY WITH A POPULATION OF ONE MILLION OR MORE SHALL HAVE THE AUTHORITY
 TO  ENACT  A LOCAL LAW SUBSEQUENT TO THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION REQUIRING ANY PERSON WHO IS APPOINTED AS A  MEMBER  OF  THE  POLICE
 FORCE  OF  SUCH  CITY  TO BE A RESIDENT OF SUCH A CITY DURING HIS OR HER
 EMPLOYMENT AS A POLICE OFFICER; PROVIDED HOWEVER, THAT NOTHING  IN  THIS
 SUBDIVISION  SHALL  AUTHORIZE  SUCH  LOCAL  LAW TO AFFECT ANY PERSON WHO
 ENTERED SUCH CITY SERVICE AS A  POLICE  OFFICER  PRIOR  TO  THIRTY  DAYS
 SUBSEQUENT TO THE DATE OF ENACTMENT OF THE LOCAL LAW.
   §  2.  The  general  municipal  law is amended by adding a new section
 207-r to read as follows:
   § 207-R. SALARIES OF POLICE OFFICERS  WHO  ARE  RESIDENTS  OF  CERTAIN
 CITIES.  A  CITY  WITH  A  POPULATION OF ONE HUNDRED THOUSAND OR MORE IS
 HEREBY AUTHORIZED TO ADOPT A LOCAL LAW TO PROVIDE THAT THE SALARY  OF  A
 POLICE OFFICER OF SUCH CITY WHO IS A RESIDENT THEREOF SHALL BE INCREASED
 BY AN AMOUNT OF FIVE PERCENT OR MORE OF SUCH OFFICER'S BASE SALARY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06689-01-7

 S. 2263                             2
 
   §  3.  Section  58 of the civil service law is amended by adding a new
 subdivision 7 to read as follows:
   7.  (A)  A  CITY  WITH A POPULATION OF ONE HUNDRED THOUSAND OR MORE IS
 AUTHORIZED TO ADOPT A LOCAL LAW WHICH WOULD GRANT RESIDENTS OF SUCH CITY
 ADDITIONAL CREDITS IN COMPETITIVE EXAMINATIONS FOR ORIGINAL  APPOINTMENT
 AS A POLICE OFFICER PURSUANT TO THIS SECTION.
   (B) IN THE EVENT OF THE ENACTMENT OF A LOCAL LAW PURSUANT TO PARAGRAPH
 (A)  OF  THIS  SUBDIVISION, ON AN ELIGIBLE LIST RESULTING FROM A COMPET-
 ITIVE EXAMINATION FOR ORIGINAL APPOINTMENT  AS  A  POLICE  OFFICER,  THE
 NAMES  OF  ELIGIBLES  SHALL  BE ENTERED IN THE ORDER OF THEIR RESPECTIVE
 FINAL EARNED RATINGS ON EXAMINATION, WITH THE NAME OF THE ELIGIBLE  WITH
 THE  HIGHEST  FINAL  EARNED  RATING  AT  THE HEAD OF SUCH LIST, PROVIDED
 HOWEVER, THAT FOR THE PURPOSES OF DETERMINING FINAL  EARNED  RATINGS,  A
 PERSON  WHO IS A RESIDENT OF SUCH CITY SHALL BE ENTITLED TO RECEIVE FIVE
 POINTS ADDITIONAL CREDIT. SUCH ADDITIONAL CREDIT SHALL BE ADDED  TO  THE
 FINAL  EARNED  RATING AFTER SUCH PERSON HAS QUALIFIED IN THE COMPETITIVE
 EXAMINATION AND SHALL BE GRANTED ONLY AT THE TIME  OF  ESTABLISHMENT  OF
 THE RESULTING ELIGIBLE LIST.
   (C)  ANY  CANDIDATE  WHO  BELIEVES THAT HE OR SHE IS ENTITLED TO ADDI-
 TIONAL CREDIT AS PROVIDED HEREIN, MAY MAKE AN APPLICATION FOR SUCH ADDI-
 TIONAL CREDIT AT ANY TIME BETWEEN THE DATE OF APPLICATION FOR THE  EXAM-
 INATION  AND  THE  DATE  OF THE ESTABLISHMENT OF THE ELIGIBLE LIST. SUCH
 CANDIDATE SHALL PROVIDE APPROPRIATE DOCUMENTARY PROOF  OF  RESIDENCY  AS
 REQUIRED BY SUCH CITY OF RESIDENCY.
   (D)  THE  ADDITIONAL CREDIT PROVIDED BY THIS SECTION SHALL BE IN ADDI-
 TION TO ANY ADDITIONAL CREDIT THAT MAY BE GRANTED PURSUANT TO ANY GENER-
 AL, SPECIAL OR LOCAL LAW.
   (E) ANY LOCAL LAW ADOPTED PURSUANT TO THIS SECTION SHALL BE APPLICABLE
 ONLY TO COMPETITIVE EXAMINATIONS FOR ORIGINAL APPOINTMENT  AS  A  POLICE
 OFFICER  OF  SUCH  CITY  WHICH  ARE  HELD AT LEAST THIRTY DAYS AFTER THE
 ADOPTION OF SUCH LOCAL LAW.
   § 4. Section 1310 of the tax law is amended by adding a new subsection
 (g) to read as follows:
   (G) RESIDENT POLICE OFFICER  CREDIT.  (1)  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW  TO  THE CONTRARY, ANY CITY IMPOSING A TAX UNDER THIS
 ARTICLE IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS
 FOR ANY TAXABLE YEAR BEGINNING AFTER TWO THOUSAND SEVENTEEN,  AS  SPECI-
 FIED  IN SUCH LOCAL LAWS, PROVIDING FOR A RESIDENT POLICE OFFICER CREDIT
 TO BE ALLOWED AS PROVIDED FOR  IN  PARAGRAPHS  TWO  AND  THREE  OF  THIS
 SUBSECTION.
   (2)  THE CREDIT SHALL BE ALLOWED AGAINST THE TAXES IMPOSED PURSUANT TO
 THE AUTHORITY OF THIS ARTICLE AFTER THE ALLOWANCE OF ANY  OTHER  CREDITS
 ALLOWED  BY  THIS  ARTICLE. IF THE CREDIT EXCEEDS THE TAX AS SO REDUCED,
 THE TAXPAYER MAY RECEIVE,  AND  THE  STATE  COMPTROLLER,  SUBJECT  TO  A
 CERTIFICATE  OF  THE  COMMISSIONER, SHALL PAY AS AN OVERPAYMENT, WITHOUT
 INTEREST, THE AMOUNT OF SUCH EXCESS TO THE TAXPAYER.
   (3) THE CREDIT SHALL BE EQUAL TO FIVE HUNDRED DOLLARS MULTIPLIED BY  A
 FRACTION,  THE NUMERATOR OF WHICH IS THE NUMBER OF DAYS DURING THE TAXA-
 BLE YEAR THAT THE TAXPAYER WAS SERVING AS A POLICE OFFICER WHILE A  CITY
 RESIDENT  AND  THE  DENOMINATOR  OF  WHICH IS THE NUMBER OF DAYS IN SUCH
 TAXABLE YEAR.
   § 5. The tax law is amended by adding a new section 1330-a to read  as
 follows:
   §  1330-A.  RESIDENT  POLICE  OFFICER  CREDIT. (A) NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, ANY CITY IMPOSING  A  TAX  UNDER
 THIS ARTICLE IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL

 S. 2263                             3
 
 LAWS  FOR  ANY  TAXABLE  YEAR BEGINNING AFTER TWO THOUSAND SEVENTEEN, AS
 SPECIFIED IN SUCH LOCAL LAWS, PROVIDING FOR A  RESIDENT  POLICE  OFFICER
 CREDIT  TO BE ALLOWED AS PROVIDED FOR IN SUBSECTIONS (B) AND (C) OF THIS
 SECTION.
   (B)  THE CREDIT SHALL BE ALLOWED AGAINST THE TAXES IMPOSED PURSUANT TO
 THE AUTHORITY OF THIS ARTICLE AFTER THE ALLOWANCE OF ANY  OTHER  CREDITS
 ALLOWED  BY  THIS  ARTICLE. IF THE CREDIT EXCEEDS THE TAX AS SO REDUCED,
 THE TAXPAYER MAY RECEIVE,  AND  THE  STATE  COMPTROLLER,  SUBJECT  TO  A
 CERTIFICATE  OF  THE  COMMISSIONER, SHALL PAY AS AN OVERPAYMENT, WITHOUT
 INTEREST, THE AMOUNT OF SUCH EXCESS TO THE TAXPAYER.
   (C) THE CREDIT SHALL BE EQUAL TO ONE HUNDRED DOLLARS MULTIPLIED  BY  A
 FRACTION,  THE NUMERATOR OF WHICH IS THE NUMBER OF DAYS DURING THE TAXA-
 BLE YEAR THAT THE TAXPAYER WAS SERVING AS A POLICE OFFICER WHILE A  CITY
 RESIDENT  AND  THE  DENOMINATOR  OF  WHICH IS THE NUMBER OF DAYS IN SUCH
 TAXABLE YEAR.
   § 6. Section 606 of the tax law is amended by adding a new  subsection
 (p-1) to read as follows:
   (P-1)  RESIDENT  POLICE  OFFICER CREDIT. (1) A RESIDENT POLICE OFFICER
 CREDIT SHALL BE ALLOWED  AGAINST  THE  TAXES  IMPOSED  PURSUANT  TO  THE
 AUTHORITY  OF  THIS  ARTICLE  AFTER  THE  ALLOWANCE OF ANY OTHER CREDITS
 ALLOWED BY THIS ARTICLE. IF THE CREDIT EXCEEDS THE TAX  AS  SO  REDUCED,
 THE  TAXPAYER  MAY  RECEIVE,  AND  THE  STATE  COMPTROLLER, SUBJECT TO A
 CERTIFICATE OF THE COMMISSIONER, SHALL PAY AS  AN  OVERPAYMENT,  WITHOUT
 INTEREST, THE AMOUNT OF SUCH EXCESS TO THE TAXPAYER.
   (2)  THE CREDIT SHALL BE EQUAL TO FIVE HUNDRED DOLLARS MULTIPLIED BY A
 FRACTION, THE NUMERATOR OF WHICH IS THE NUMBER OF DAYS DURING THE  TAXA-
 BLE YEAR THAT THE TAXPAYER WAS SERVING AS A POLICE OFFICER WHILE A RESI-
 DENT OF A CITY WHICH, IF AUTHORIZED TO, IS PROVIDING A REAL PROPERTY TAX
 EXEMPTION PURSUANT TO SECTION FOUR HUNDRED SIXTY-SIX-K OF THE REAL PROP-
 ERTY  TAX  LAW  AND WHICH, IF AUTHORIZED BY THIS CHAPTER TO IMPOSE A TAX
 UPON THE PERSONAL INCOME OF RESIDENTS, IS PROVIDING A TAX CREDIT  PURSU-
 ANT TO SUBSECTION (G) OF SECTION THIRTEEN HUNDRED TEN OF THIS CHAPTER OR
 SECTION THIRTEEN HUNDRED THIRTY-A OF THIS CHAPTER AND THE DENOMINATOR OF
 WHICH IS THE NUMBER OF DAYS IN SUCH TAXABLE YEAR.
   §  7.  The  real  property  tax law is amended by adding a new section
 466-k to read as follows:
   § 466-K. RESIDENT POLICE OFFICER CREDIT. 1. REAL PROPERTY, IN  A  CITY
 WITH  A  POPULATION  OF  OVER  ONE HUNDRED THOUSAND, OWNED BY A RESIDENT
 POLICE OFFICER OR SUCH OFFICER AND SPOUSE SHALL BE EXEMPT FROM  TAXATION
 FOR  CITY  PURPOSES  TO THE EXTENT OF TEN THOUSAND DOLLARS MULTIPLIED BY
 THE LATEST STATE EQUALIZATION RATE FOR THE ASSESSING UNIT IN WHICH  SUCH
 REAL PROPERTY IS LOCATED; PROVIDED THAT THE GOVERNING BODY OF SUCH CITY,
 AFTER  A  PUBLIC  HEARING,  ADOPTS  A LOCAL LAW, ORDINANCE OR RESOLUTION
 PROVIDING THEREFOR.
   2. SUCH EXEMPTION SHALL NOT BE GRANTED UNLESS:
   (A) THE APPLICANT RESIDES IN THE CITY WHERE HE  OR  SHE  SERVES  AS  A
 POLICE  OFFICER; (B) THE PROPERTY IS THE PRIMARY RESIDENCE OF THE APPLI-
 CANT; (C) THE PROPERTY IS USED  EXCLUSIVELY  FOR  RESIDENTIAL  PURPOSES;
 PROVIDED  HOWEVER, THAT IN THE EVENT ANY PORTION OF SUCH PROPERTY IS NOT
 USED EXCLUSIVELY FOR THE APPLICANT'S RESIDENCE BUT  IS  USED  FOR  OTHER
 PURPOSES,  SUCH  PORTION  SHALL BE SUBJECT TO TAXATION AND THE REMAINING
 PORTION ONLY SHALL  BE  ENTITLED  TO  THE  EXEMPTION  PROVIDED  BY  THIS
 SECTION;  AND  (D)  THE  APPLICANT  HAS BEEN CERTIFIED BY SUCH CITY AS A
 POLICE OFFICER.

 S. 2263                             4
 
   3. APPLICATION FOR SUCH EXEMPTION SHALL BE FILED WITH THE ASSESSOR  ON
 OR BEFORE THE TAXABLE STATUS DATE ON A FORM AS PRESCRIBED BY THE COMMIS-
 SIONER.
   4.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CITY WITH A
 POPULATION OF ONE MILLION OR MORE.
   § 8. The education law is amended by adding a  new  section  677-b  to
 read as follows:
   §  677-B.  POLICE OFFICER LOAN FORGIVENESS PROGRAM. 1.  CERTIFICATION.
 POLICE OFFICER LOAN FORGIVENESS AWARDS SHALL BE AWARDED EACH YEAR.  SUCH
 AWARDS SHALL BE ALLOCATED AS PROVIDED IN THIS SECTION TO ELIGIBLE POLICE
 OFFICERS AS CERTIFIED TO THE COMMISSIONER BY THE PRESIDENT.
   2.  ELIGIBILITY. A POLICE OFFICER SHALL BE ELIGIBLE FOR AN AWARD UNDER
 THIS SECTION PROVIDED THAT (I) SUCH PERSON RESIDES  IN  A  CITY  WITH  A
 POPULATION OF ONE HUNDRED THOUSAND OR MORE WHICH HAS ENACTED A LOCAL LAW
 PROVIDING  FOR  SUCH  POLICE OFFICER LOAN FORGIVENESS PROGRAM, (II) SUCH
 POLICE OFFICER IS EMPLOYED IN SUCH CITY AS A POLICE OFFICER,  AND  (III)
 SUCH POLICE OFFICER INCURRED STUDENT LOAN EXPENSE WHILE ATTENDING EITHER
 THE CITY OR STATE UNIVERSITY OF THE STATE OF NEW YORK.
   3. DURATION. EACH AWARD SHALL ENTITLE THE RECIPIENT TO AN ANNUAL AWARD
 AND  A RECIPIENT SHALL BE ELIGIBLE FOR NO MORE THAN A TOTAL OF TWO THOU-
 SAND DOLLARS A YEAR FOR A MAXIMUM OF SIX YEARS.
   4. CALCULATION OF AWARD AMOUNTS. THE COMMISSIONER SHALL BE RESPONSIBLE
 FOR CALCULATING THE DOLLAR AMOUNT OF EACH AWARD THAT ELIGIBLE CANDIDATES
 MAY RECEIVE FROM THIS PROGRAM.
   5. STUDENT LOAN EXPENSE. STUDENT LOAN EXPENSE SHALL MEAN  THE  CUMULA-
 TIVE  TOTAL  OF THE ANNUAL STUDENT LOANS COVERING THE COST OF ATTENDANCE
 AT EITHER THE CITY OR STATE UNIVERSITY OF THE STATE OF  NEW  YORK  WHICH
 ARE  OUTSTANDING  WHEN  APPLICATION FOR SUCH PROGRAM IS MADE PURSUANT TO
 SUBDIVISION SIX OF THIS SECTION.  INTEREST PAID OR DUE ON  SUCH  STUDENT
 LOANS  THAT AN APPLICANT HAS TAKEN OUT FOR USE IN PAYING FOR SUCH EDUCA-
 TION SHALL BE CONSIDERED ELIGIBLE FOR REIMBURSEMENT UNDER THIS PROGRAM.
   6. APPLICATION. APPLICATION SHALL BE MADE TO  THE  COMMISSIONER  IN  A
 MANNER PRESCRIBED BY THE COMMISSIONER.
   7. AWARD DISBURSEMENT. ANNUAL AWARD DISBURSEMENTS SHALL BE THE RESPON-
 SIBILITY  OF  THE  COMMISSIONER. THE COMMISSIONER SHALL FORWARD APPROVED
 APPLICATIONS TO THE PRESIDENT NO LATER THAN NINETY DAYS AFTER RECEIPT OF
 SUCH APPLICATIONS. WITHIN FORTY-FIVE DAYS, THE  PRESIDENT  SHALL  VERIFY
 THE APPROVED APPLICANTS' ELIGIBILITY AND TOTAL STUDENT LOAN EXPENSE.
   8.  NOTIFICATION.  THE  PRESIDENT SHALL NOTIFY THE COMMISSIONER OF THE
 AWARD ENTITLEMENT FOR EACH APPROVED APPLICANT PURSUANT TO THE  VERIFICA-
 TION PERFORMED IN SUBDIVISION SEVEN OF THIS SECTION.
   §  9.  This  act  shall take effect immediately, provided that section
 seven of this act shall  take  effect  on  the  first  of  January  next
 succeeding  the date on which it shall have become a law and shall apply
 to taxable status dates occurring on or after such date.

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Senate Bill S2263

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Sponsored By

Kevin S. Parker