HF 2540 — A bill for an act relating to the sale of travel insurance. (Formerly HSB 689.) Effective date: 07/01/2022.
Last action — Signed by Governor.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 28, 2022. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
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Bill Text
What changed in the latest version
510 added · 528 removed510 line(s) added, 528 removed.
OHouse fFile f2540 i- cEnrolled eHouse oFile f2540 tAN hACT eRELATING GTO oTHE vSALE eOF rTRAVEL nINSURANCE. o r Kim Reynolds A d a m G r e g g G O V E R N O R L T g o v e r n o r April21.2022 The Honorable Paul Pate Secretar)'ofStateofIowa SlateCapitol Des Moines.Iowa 50319 Dear Mr.Secretary, Iherebytransmit:
HouseBE File2540,anIT Actrelatingtothesaleoftravelinsurance.ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TheaboveHouseFileisherebyapprovedonSection thisdate.1.
SincerelyNEW KimSECTION. Reynold Go\'emor of cc:
SecretaryoftheSenate515K.1 ClerkShort oftitle. the House STATE CAPITOL DES MOINES, I O W A 5031515.281.521F A X 515.725.352W W W .
GThis Ochapter Vshall Ebe Rknown Nand Omay Rbe .cited as the “Travel Insurance Model Act”.
ISec. O W A .
G2. O V R BlCHT WLL MAtNTAI iLimiiiiiiiiiiumnimnrnimimiinimiii H o u s e F i l e 2 5 4 0 A N A C T R E L A T I N G T O T H E S A L E O F T R A V E L I N S U R A N C E .
BNEW ESECTION. I T E N A C T E D B Y T H E G E N E R A L A S S E M B L Y O F T H E S T A T E O F I O W A :
S515K.2 eDefinitions. c t i o n 1 .
NEW S E C T I O N .
515K.1 S h o r t title.
This chapter shall be known and may be cited as the ^Travel Insurance Model Act'', S e c .
2 , NEW S E C T I O N .
5 1 5 K .
2 Definitions.
'"Aggregator“Aggregator site''meanssite” means an internet site that provides access to information regarding insurance products, including product and insurer information, that is obtained from more than one insurer for use by consumers in comparison shopping.
'"Blanket“Blanket travel insurance"insurance” means a policy of travel insurance issued to any eligible group that provides coverage for specific classes of persons as defined in the policy, with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group.
'"Cancellation“Cancellation fee waiver"waiver” means a contractual agreement between a supplier of travel services and the supplier'ssupplier’s ccustomers uto swaive tsome o m e r s t o w a i v e s o m e or aall lof l o f the nnonrefundable o n r e f u n d a b l e cancellation fee provisions of the supplier'ssupplier’s underlying travel contract with or without regard to the reason for cancellation or tto othe tform hof ereimbursement. f o r m o f r e i m b u r s e m e n t .
A ccancellation afee n c e l l a t i o n f e e waiver sshall hnot abe lconsidered linsurance. n o t b e c o n s i d e r e d i n s u r a n c e .
^Commissioner'^“Commissioner” means the commissioner of insurance.
''^Designated“Designated responsible producer"producer” means an employee of a limited lines travel insurance producer who is a licensed individual insurance producer and who is designated by the limited lines travel insurance producer as the individual responsible for compliance with the travel insurance laws and regulations applicable to the limited lines travel insurance producer and the limited lines travel insurance producer'sproducer’s registrants.
'"Eligible“Eligible group"group” means two or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, including but not limited to any of the following;following:
b,b. A college, school, or other institution of learning, covering students, teachers, employees, and volunteers of the college, school, or other institution of learning.
a.A college, school, or other institution of learning, covering students, teachers, employees, and volunteers of the college, school, or other institution of learning.
Anc. employer, covering any group of employees, volunteers, contractors, and members of the employer's board of directors;
andAn allemployer, dependentscovering andany guestsgroup of anemployees, employee,volunteers, acontractors, volunteer,and amembers contractor, or a member of the employer'semployer’s board of directors.directors;
and all dependents and guests of an employee, a volunteer, a contractor, or a member of the employer’s board of directors.
A sports team, sports camp, or a sponsor of a sports team or sports camp, covering participants, members, campers, employees, officials, supervisors, or volunteers of the sports team, sports camp, or the sponsor of a sports team or sports ccamp. a m p .
A religious, charitable, recreational, educational, or civic organization, covering any group of members, participants, or volunteers of the religious, charitable.charitable, House File 2540, p.
House File 2540r p* 3 recreational, educational, or civic organization or a branch tthereof. h e r e o f .
ff. .
A trust or a trustee of a fund established, created, or maintained for the benefit of and covering members, employees, or customers, and that is subject to the commissioner permitting the use of a trust and the premium tax provisions under section 515K.8, of one or more associations meeting the requirements under paragraph '^'g"•“g”. i.
Ani. entertainment production company covering any group of participants, volunteers, audience members, contestants, or w o r k e r s .
An entertainment production company covering any group of participants, volunteers, audience members, contestants, or workers.
k,k. A preschool, or a day care facility for children or a d u l t s .
1,A Anpreschool, organizationor a day care facility for seniorchildren citizens.or adults.
l.
An organization for senior citizens.
An automobile or truck rental or leasing company that covers a group of individuals who may become renters, lessees, or passengers as defined by an individual'sindividual’s travel status on the rented or leased automobile or truck.
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77.n.
'^Fulfillment“Fulfillment materials'*materials” means documentation sent to the purchaser of a travel protection plan that confirms the purchase and that provides details of the travel protection plan coverage and the travel assistance services.
'"Group“Group travel insurance"insurance” means travel insurance that is issued to an eligible group.
'"Limited“Limited lines travel insurance producer"producer” means any of the following:
a,a. A licensed managing general agent or a licensed third-party administrator.
b, A licensed insurancemanaging producer,general includingagent or a licensed limitedthird-party linesadministrator. producer.
cb. , A t r a v e l a d m i n i s t r a t o r .
A licensed insurance producer, including a licensed limited lines producer.
c.
A travel administrator.
'"Offer“Offer and disseminate"disseminate” means to provide general information regarding travel insurance or a travel protection plan, including a description of the coverage and price, and to process an application and collect premiums for travel insurance or a travel protection plan.
'"Primary“Primary certificate holder"holder” means an individual who has elected and purchased travel insurance under a group policy.
'"Primary“Primary policyholder"policyholder” means an individual who has elected and purchased individual travel insurance.
'"Travel“Travel administrator"administrator” means a person who directly or indirectly underwrites, collects charges, collateral, or premiums from, or adjusts or settles claims on, residents of this state in connection with travel insurance.
'"Travel“Travel administrator"administrator” shall not include a person whose only actions that would otherwise cause the person to be considered a travel administrator are any of the following:
A person that works for a travel administrator to the extent that the person'sperson’s activities are subject to the supervision and control of the travel administrator.
b,b. A person that is an insurance producer and who sells insurance or is engaged in administrative and claims-related activities within the scope of the person's producers license.
c, A person that is aan travelinsurance retailerproducer that offers and disseminateswho travelsells insurance andor that is registeredengaged underin theadministrative licenseand ofclaims-related aactivities limitedwithin linesthe travelscope insuranceof producer.the person’s producers license.
c.
A person that is a travel retailer that offers and disseminates travel insurance and that is registered under the license of a limited lines travel insurance producer.
An individual who adjusts or settles claims in the House File 2540, p*p. 5 normal course of the individual's practice or employment as an attorney and who does not collect charges or premiums in connection with insurance coverage.
e,5 Anormal businesscourse entityof thatthe isindividual’s affiliatedpractice withor aemployment licensed insurer while acting as aan travelattorney administratorand forwho thedoes directnot acollect ncharges aor spremiums sin uconnection miwith ninsurance scoverage. u r a n c e b u s i n e s s o fi n s u r e r .i a t e d 14.
^Travele. assistance services'' means a non-insurance, n o n - i n s u r a n cs e r v i c ewhich a c o n s u i sn o t indemnified based on a fortuitous event and for which provision of the service does not result in the transfer or shifting of risk that constitutes the business of insurance, including but not limited to any of the following services:
A business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer.
14.
“Travel assistance services” means a non-insurance, non-insurance-related service for which a consumer is not indemnified based on a fortuitous event and for which provision of the service does not result in the transfer or shifting of risk that constitutes the business of insurance, including but not limited to any of the following services:
bb. .
DDestination einformation. s t i n ai n f o r m a t i o n .
cc. .
VVaccination aand cimmunization cinformation iservices. n a t i o n a n d i m m u n i z a t i o n i n f o r m a t i o n s e r v i c e s .
dd. .
TTravel rreservation aservices. v r e s e r v s e r v i c e s .
1,l. Emergency cash transfer assistance.
Emergency cash transfer assistance.
Any other service furnished in connection with planned ttravel. r a v e l .
a,a. '''Travel insurance" means insurance coverage for personal risks incident to planned travel including all of the following:
“Travel insurance” means insurance coverage for personal risks incident to planned travel including all of the following:
b,b. '^Travel insurance^ shall not include a major medical plan that provides comprehensive medical protection for a traveler for a trip that lasts longer than six months, including a traveler who works or resides overseas as an expatriate, or any other product that requires a specific insurance producer l i c e n s e .
“Travel insurance” shall not include a major medical plan that provides comprehensive medical protection for a traveler for a trip that lasts longer than six months, including a traveler who works or resides overseas as an expatriate, or any other product that requires a specific insurance producer license.
"^Travel“Travel protection plan''plan” means a product that provides one or more of any of the following:
aa. .
TTravel rinsurance. a v i n s u r a n c e .
bb. .
TTravel rassistance aservices. v e l a s s i s t a n c e s e r v i c e s .
ac. .
CCancellation afee nwaivers. c e l l a t w a i v e r s .
^Travel“Travel retailer^retailer” means a business entity that makes, arranges, or offers planned travel and that may offer and disseminate travel insurance as a service to the businessesbusiness’s ccustomers uon sbehalf tof oand m e b e h a l f o under dtthe hdirection eof d i r e c t i o n o f a llimited i m i t e d lines travel insurance producer.
515K.3 Licensing and registration ——— limited lines travel insurance producers and travel retailers.
b,b. A limited lines travel insurance producer must be licensed to sell, solicit, or negotiate travel insurance through a licensed insurer.
A person shall not act as a limited lines travel insurance producer,producer ormust asbe a travel retailer, unless the person is licensed asto asell, limitedsolicit, lines travel insurance producer or isnegotiate registered as a travel rinsurance ethrough t a ilicensed linsurer. e r .
A person shall not act as a limited lines travel insurance producer, or as a travel retailer, unless the person is licensed as a limited lines travel insurance producer or is registered as a travel retailer.
A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer'sproducer’s license only if all of the following conditions are satisfied:
aa. .
TThe h e travel retailer ortheor the limited llines i n e s travel insurance producer provides all of the following to a purchaser of travel iinsurance: n s u r a n c e :
(1) Beginning on the date of licensure, a limited lines travel insurance producer shall establish and maintain a register, in the form and manner prescribed by the commissioner, of each travel retailer that offers travel insurance oon n behalf oof f the limited llines i n e s travel insurance producer.
The register shall include all of the following iinformation: n f o r m a t i o n :
(a) The name, address, and contact information of each ttravel rretailer. a vr e t a i l e r .
(b) The name, address, and contact information of an oofficer for f i ore other iindividual nwho ddirects ior vcontrols ieach dtravel uretailer’s a l w h o d i r e c t s ort r a v e lo l s e a c h retailer's operations.
(c) Each travel retailer'sretailer’s federal tax identification nnumber. u m b e r .
(2) A limited lines travel insurance producer shall submit the register under subparagraph (1) to the commissioner upon the commissioner'scommissioner’s reasonable request, and shall certify that the register complies with 18 U.S.C.
(3) Provisions under Title XIII, subtitle 1, that are applicable to the suspension or revocation of a resident insurance producer'sproducer’s license, or to the imposition of penalties on a resident insurance producer, shall be applicable to limited lines travel insurance producers and travel retailers.
The designated responsible producer, president, secretary, treasurer, and any other officer or individual who directs or controls the limited lines travel insurance producer'sproducer’s insurance operations has complied with all fingerprinting requirements applicable to insurance producers iin ntthis hstate. i s t a t e .
The limited lines travel insurance producer requires each employee and each authorized representative of the travel retailer who offers and disseminates travel insurance tto o successfully complete a training program that, at a minimum, educates each employee and each authorized representative on the details of each type of insurance offered by the travel retailer, ethical sales practices, and all disclosures that are required to be made to prospective purchasers.
A3. t r a v r e t a it h a t o f fa n d i s s e m i t r a v e l insurance shall make brochures or other written materials that have been approved by the travel insurer available to prospective purchasers.
A travel retailer that offers and disseminates travel insurance shall make brochures or other written materials that have been approved by the travel insurer available to prospective purchasers.
however, the travel retailer is not qualified or authorized to answer technical questions about the terms and conditions of the travel insurance, or to evaluate the adequacy of the prospective purchaser'spurchaser’s existing insurance coverage.
A travel retailer'sretailer’s employee or authorized representative who is not licensed as an insurance producer shall not do any of the following:
Evaluate or provide advice on a prospective purchaser'spurchaser’s existing insurance coverage.
Notwithstanding any other provision of law to the contrary, a travel retailer whose insurance-related activities and the insurance-related activities of the travel retailer'sretailer’s House File 2540, p.
9 employees and authorized representatives are limited to offering and disseminating travel insurance on behalf of and under the direction oof f a limited llines i n e s travel insurance producer in compliance with this chapter, shall be authorized to receive related compensation if the travel retailer is included in the register maintained by the limited lines travel insurance producer under subsection 2, paragraph 6.“b”.
As6. an insurer's designee, a limited lines travel insurance producer shall be responsible for the acts of each travel retailer that o f f e r s and disseminates travel insurance under the limited lines travel insurance producer's license and s h a l l ur e a s o n a b lt o e n s u r e t h at r a v e l retailer complies with this chapter.
As an insurer’s designee, a limited lines travel insurance producer shall be responsible for the acts of each travel retailer that offers and disseminates travel insurance under the limited lines travel insurance producer’s license and shall use reasonable means to ensure that each travel retailer complies with this chapter.
A property and casualty insurance producer shall not be required to become appointed by an insurer in order to sell, solicit, or negotiate travel iinsurance. n s u r a n c e .
A travel protection plan may be offered in this state at one price for all features included in the travel protection plan if all of the following are true;true:
A purchaser is provided with an opportunity at or prior to the time of purchase to obtain additional details regarding eeach afeature cand hthe fcost eof aeach tfeature. u t h e c o s t o f e a c h f e a t u r e .
In the event of a conflict between this chapter and another provision under Title XIII, subtitle 1, regarding the sale and marketing of travel insurance and travel protection plans, this chapter sshall hcontrol. a c o n t r o l .
Any document provided to a prospective purchaser prior to the prospective purchaser'spurchaser’s purchase of travel insurance, including but not limited to sales, advertising, and marketing materials, shall be consistent with the travel insurance policy, including but not limited to forms, endorsements, policies, rate filings, and certificates of iinsurance. n s u r a n c e .
Any preexisting condition eexclusion xinformation cshall lalso ube siincluded nin fthe otravel r m s h a l l a b ei n c l ui net h t r a v e l insurance policy or travel insurance certificate fulfillment mmaterials. a t e r i a l s .
The fulfillment materials and the information described in section 515K.3, subsection 2, paragraph “a”, subparagraphs (1) through (4) shall be provided to a primary policyholder or to a primary certificate holder as soon as practicable following the policyholder'spolicyholder’s or the certificate holder'sholder’s purchase of a travel protection plan.
Unless an insured has either started a covered trip or filed a claim under the travel insurance coverage, a policyholder or certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least fifteen days following the date of delivery of the travel protection plan'splan’s fulfillment materials by postal mail, or ten days following the date of delivery of the travel protection plan'splan’s fulfillment materials by means other than postal mail.
For purposes of this paragraph, '^delivery^“delivery” means handing fulfillment materials to the policyholder or certificate holder or sending House PileFile 2540, p.
If travel insurance is marketed directly to consumers through an insurer'sinsurer’s internet site, or by another person via an aggregator site, it shall not be an unfair trade practice or other violation of law for the insurer or the other person to provide an accurate summary or short description of the available insurance coverage, if all provisions of each available travel insurance policy are accessible to consumers vvia ielectronic emeans. l e c t r m e a n s .
It shall be an unfair trade practice pursuant to section 507B.3 and section 507B.4 to do any of the following;following:
Market blanket travel insurance coverage as no cost ccoverage. o v e r a g e .
If a consumer'sconsumer’s travel destination is located in a jurisdiction that mandates specific insurance coverage, it shall not be an unfair trade practice to require that the consumer, as a condition of purchasing a travel package, select one of the following options:
Agree to obtain and provide proof of coverage that meets the destination jurisdiction'sjurisdiction’s requirements prior to the consumer'sconsumer’s departure.
12 SSec. e c .
66. NEW SECTION.
NEW SECTION.
The person is in compliance with all laws and regulations that are applicable to third-party administrators in this sstate. t a t e .
An insurer shall be responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer, and for ensuring that the travel administrator mmaintains aall irecords nrelated tto aathe linsurer rand emakes cthe o r e l a tt ot h i n s u a n m a k et h e records available to the commissioner upon request of the ccommissioner. o m m i s s i o n e r .
Notwithstanding any provision of Title XIII, subtitle 1, to the contrary, travel insurance shall be classified and filed for purposes of rates and forms under an inland marine line of insurance provided that travel insurance that provides coverage for sickness, accident, disability or death occurring during travel, either exclusively, or in conjunction with related coverages of emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed under either an accident and health line of insurance or an inland marine line oof fiinsurance. n s u r a n c e .
13 also meet the state'sstate’s underwriting standards for the line of insurance.
a,a. A primary policyholder who is a resident of this state.
b, A primary certificatepolicyholder holder who is a resident of this sstate. t a t e .
c, A blanket travel insurance policyholder that is a resident of this state, or that has the policyholder's principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance in this state for eligible blanket group members, subject to any apportionment rules that apply to the insurer across multiple taxing jurisdictions, or that permit the insurer to allocate premiums on an apportioned basis in a reasonable and equitable manner in those taxing jurisdictions.
A n insurer t h a t o f f e r s t r a v e l i n s u r a n c e s h a l l d o a l l o f the following:
a .
Document the state o f residence or the state o f the principal place of business of the primary policyholder or primary certificate holder.
A primary certificate holder who is a resident of this state.
c.
A blanket travel insurance policyholder that is a resident of this state, or that has the policyholder’s principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance in this state for eligible blanket group members, subject to any apportionment rules that apply to the insurer across multiple taxing jurisdictions, or that permit the insurer to allocate premiums on an apportioned basis in a reasonable and equitable manner in those taxing jurisdictions.
2.
An insurer that offers travel insurance shall do all of the following:
a.
Document the state of residence or the state of the principal place of business of the primary policyholder or primary certificate holder.
b.
All applicable provisions of Title XIII, subtitle 1, shall apply to travel insurance except that specific provisions of this chapter shall supersede any general provisions of Title XIII, subtitle 1, that are otherwise applicable to travel iinsurance. n s u r a n c e .
14 SSec. e c .
110. 0N E W S E C T I 515K.10 R u l e s .
TheNEW commissionerSECTION. may adopt rules pursuant to chapter 17A as necessary to ii^lement and administer this chaptt PAT GRAS^EY C H A P M A N Speaker'of the House P r e s i d e the S e n a t e I hereby certify that this bill originated in the House and is known as House File 2540, Eighty-ninth General Assembly.
MEGI^515K.10 NELSONRules. Chifer Clerk of the House Approved 2 0 2 2 K I R E Y N O L D S G o v e r n o r
The commissioner may adopt rules pursuant to chapter 17A as necessary to implement and administer this chapter.
______________________________ ______________________________ PAT GRASSLEY JAKE CHAPMAN Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 2540, Eighty-ninth General Assembly.
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2022 ______________________________ KIM REYNOLDS Governor
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View plain text versions (5)
- Enrolled View text pdf
- Enrolled Signed Enrolled Bill (PDF) Current pdf
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- Introduced View text pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Signed by Governor.
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Reported correctly enrolled, signed by Speaker and President, and sent to Governor.
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Message from Senate.
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Immediate message.
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Passed Senate, yeas 49, nays 0.
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Committee report, recommending passage.
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Subcommittee recommends passage.
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Subcommittee Meeting: 03/16/2022 8:00AM Room G17.
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Subcommittee: Williams, Giddens, and Sinclair.
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Read first time, referred to Commerce.
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Message from House.
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Immediate message.
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Passed House, yeas 92, nays 0.
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Amendment H-8141 adopted.
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Amendment H-8141 filed.
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Introduced, placed on calendar.
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 150 not signed on
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (150)
150 members have not signed on to this bill.
Show all 150 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
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