HB 1678: Planned Community Associations; Condominium Associations; Cumulative Voting; Candidates
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-04-28
Current Status:
Passed
(2026-05-26: Act 037, on 05/26/2026 (Gov. Msg. No. 1137).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Clarifies that in planned community association and condominium association elections conducted by cumulative voting, cumulative voting rights apply to all candidates, including write-ins, and that individual votes are used when allocating votes. (CD1)
Clarifies that in planned community association and condominium association elections conducted by cumulative voting, cumulative voting rights apply to all candidates, including write-ins, and that individual votes are used when allocating votes. Effective 7/1/2050. (SD1)
Clarifies that in planned community association and condominium association elections conducted by cumulative voting, cumulative voting rights apply to all candidates, including write-ins, and that individual votes are used when allocating votes. Effective 7/1/3000. (HD1)
Clarifies that in planned community association and condominium elections conducted by cumulative voting, cumulative voting rights apply to all candidates, including write-ins, and that individual votes are used when allocating votes.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1678 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO ASSOCIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 421J-3.2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§421J-3.2[]] Cumulative voting for directors. (a) [If the association documents provide for
cumulative voting by members,] If an election is to be held by
cumulative voting pursuant to the bylaws, members may so vote, by
multiplying the number of votes the members are entitled to cast by the number
of positions for whom they are entitled to vote, and [cast the product for a
single candidate or distribute the product among two or more candidates.] give
all of the votes to one candidate or distribute the individual votes among any
or all of the candidates. The
candidates receiving the highest number of votes under this section, up to the
total number of positions to be filled, shall be deemed elected, and shall be
given the longest term.
(b) Unless otherwise provided in the association documents, cumulative voting shall not be permitted.
(c) A director elected by cumulative voting may be removed by the members with or without cause if the requirements of section 421J-3.3 are met.
(d) As used in this section, "candidate" means a nominee or write-in candidate."
SECTION 2. Section 514B-124.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§514B-124.5[]] Voting for elections; cumulative voting. (a) [If
the bylaws provide for cumulative voting for an election at a meeting,] If
an election is to be held by cumulative voting pursuant to the bylaws, each
unit owner present in person or represented by proxy shall have a number of
votes equal to the unit owner's voting percentage multiplied by the number of
positions to be filled at the election.
(b) Each unit owner shall be entitled to cumulate
the individual votes of the unit owner and give all of the votes to one
[nominee] candidate or distribute the votes among any or all of
the [nominees.] candidates.
(c) The [nominee or nominees] candidate
or candidates receiving the highest number of votes under this section, up
to the total number of positions to be filled, shall be deemed elected and
shall be given the longest term.
(d) This section shall not prevent the filling of vacancies on the board of directors in accordance with this chapter and the association's governing documents.
(e) As used in this section, "candidate" means a nominee or write-in candidate."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Planned Community Associations; Condominium Associations; Cumulative Voting; Candidates
Description:
Clarifies that in planned community association and condominium association elections conducted by cumulative voting, cumulative voting rights apply to all candidates, including write-ins, and that individual votes are used when allocating votes. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1678 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO ASSOCIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 421J-3.2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§421J-3.2[]] Cumulative voting for directors. (a) [If the association documents provide for
cumulative voting by members,] If an election is to be held by
cumulative voting pursuant to the bylaws, members may so vote, by
multiplying the number of votes the members are entitled to cast by the number
of positions for whom they are entitled to vote, and [cast the product for a
single candidate or distribute the product among two or more candidates.] give
all of the votes to one candidate or distribute the individual votes among any
or all of the candidates. The
candidates receiving the highest number of votes under this section, up to the
total number of positions to be filled, shall be deemed elected, and shall be
given the longest term.
(b) Unless otherwise provided in the association documents, cumulative voting shall not be permitted.
(c) A director elected by cumulative voting may be removed by the members with or without cause if the requirements of section 421J-3.3 are met.
(d) As used in this section, "candidate" means a nominee or write-in candidate."
SECTION 2. Section 514B-124.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§514B-124.5[]] Voting for elections; cumulative voting. (a) [If
the bylaws provide for cumulative voting for an election at a meeting,] If
an election is to be held by cumulative voting pursuant to the bylaws, each
unit owner present in person or represented by proxy shall have a number of
votes equal to the unit owner's voting percentage multiplied by the number of
positions to be filled at the election.
(b) Each unit owner shall be entitled to cumulate
the individual votes of the unit owner and give all of the votes to one
[nominee] candidate or distribute the votes among any or all of
the [nominees.] candidates.
(c) The [nominee or nominees] candidate
or candidates receiving the highest number of votes under this section, up
to the total number of positions to be filled, shall be deemed elected and
shall be given the longest term.
(d) This section shall not prevent the filling of vacancies on the board of directors in accordance with this chapter and the association's governing documents.
(e) As used in this section, "candidate" means a nominee or write-in candidate."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Planned Community Associations; Condominium Associations; Cumulative Voting; Candidates
Description:
Clarifies that in planned community association and condominium association elections conducted by cumulative voting, cumulative voting rights apply to all candidates, including write-ins, and that individual votes are used when allocating votes. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1678 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
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|
||
A BILL FOR AN ACT
RELATING TO ASSOCIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 421J-3.2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§421J-3.2[]] Cumulative voting for directors. (a) [If the association documents provide for
cumulative voting by members,] If an election is to be held by
cumulative voting pursuant to the bylaws, members may so vote, by
multiplying the number of votes the members are entitled to cast by the number
of positions for whom they are entitled to vote, and [cast the product for a
single candidate or distribute the product among two or more candidates.] give
all of the votes to one candidate or distribute the individual votes among any
or all of the candidates. The
candidates receiving the highest number of votes under this section, up to the
total number of positions to be filled, shall be deemed elected, and shall be
given the longest term.
(b) Unless otherwise provided in the association documents, cumulative voting shall not be permitted.
(c) A director elected by cumulative voting may be removed by the members with or without cause if the requirements of section 421J-3.3 are met.
(d) As used in this section, "candidate" means a nominee or write-in candidate."
SECTION 2. Section 514B-124.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§514B-124.5[]] Voting for elections; cumulative voting. (a) [If
the bylaws provide for cumulative voting for an election at a meeting,] If
an election is to be held by cumulative voting pursuant to the bylaws, each
unit owner present in person or represented by proxy shall have a number of
votes equal to the unit owner's voting percentage multiplied by the number of
positions to be filled at the election.
(b) Each unit owner shall be entitled to cumulate
the individual votes of the unit owner and give all of the votes to one
[nominee] candidate or distribute the votes among any or all of
the [nominees.] candidates.
(c) The [nominee or nominees] candidate
or candidates receiving the highest number of votes under this section, up
to the total number of positions to be filled, shall be deemed elected and
shall be given the longest term.
(d) This section shall not prevent the filling of vacancies on the board of directors in accordance with this chapter and the association's governing documents.
(e) As used in this section, "candidate" means a nominee or write-in candidate."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Planned Community Associations; Condominium Associations; Cumulative Voting; Candidates
Description:
Clarifies that in planned community association and condominium association elections conducted by cumulative voting, cumulative voting rights apply to all candidates, including write-ins, and that individual votes are used when allocating votes. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1678 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to associations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 421J-3.2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§421J-3.2[]] Cumulative voting for directors. (a) [If the association documents provide for
cumulative voting by members,] If an election is to be held by
cumulative voting pursuant to the bylaws, members may so vote, by
multiplying the number of votes the members are entitled to cast by the number
of positions for whom they are entitled to vote, and [cast the product for a
single candidate or distribute the product among two or more candidates.] give
all of the votes to one candidate or distribute the individual votes among any
or all of the candidates. The
candidates receiving the highest number of votes under this section, up to the
total number of positions to be filled, shall be deemed elected, and shall be
given the longest term.
(b) Unless otherwise provided in the association documents, cumulative voting shall not be permitted.
(c) A director elected by cumulative voting may be removed by the members with or without cause if the requirements of section 421J-3.3 are met.
(d) As used in this section, "candidate" means a nominee or write-in candidate."
SECTION 2. Section 514B-124.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§514B-124.5[]] Voting for elections; cumulative voting. (a) [If
the bylaws provide for cumulative voting for an election at a meeting,] If
an election is to be held by cumulative voting pursuant to the bylaws, each
unit owner present in person or represented by proxy shall have a number of
votes equal to the unit owner's voting percentage multiplied by the number of
positions to be filled at the election.
(b) Each unit owner shall be entitled to cumulate
the individual votes of the unit owner and give all of the votes to one [nominee]
candidate or distribute the votes among any or all of the [nominees.]
candidates.
(c) The [nominee or nominees] candidate
or candidates receiving the highest number of votes under this section, up
to the total number of positions to be filled, shall be deemed elected and
shall be given the longest term.
(d) This section shall not prevent the filling of vacancies on the board of directors in accordance with this chapter and the association's governing documents.
(e) As used in this section, "candidate" means a nominee or write-in candidate."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Planned Community Associations; Condominium Associations; Cumulative Voting
Description:
Clarifies that in planned community association and condominium elections conducted by cumulative voting, cumulative voting rights apply to all candidates, including write-ins, and that individual votes are used when allocating votes.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| May 26, 2026 | Act 037, on 05/26/2026 (Gov. Msg. No. 1137). |
| May 26, 2026 | Act 037, 05/26/2026 (Gov. Msg. No. 1137). |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 888). |
| May 7, 2026 | Transmitted to Governor. |
| May 6, 2026 | Passed Final Reading as amended in CD 1 with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and none excused (0). |
| May 5, 2026 | Received notice of Final Reading (Sen. Com. No. 814). |
| May 1, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 24; Aye(s) with reservations: none. Noes, 0 (none). Excused, 1 (Senator(s) Fukunaga). |
| May 1, 2026 | Deferred one day 05-06-26. |
| Apr 29, 2026 | 48 Hrs. Notice (as amended CD 1) 05-01-26 |
| Apr 29, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 15-26). |
| Apr 29, 2026 | Forty-eight (48) hours notice Friday, 05-01-26. |
| Apr 29, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 15-26) as amended in (CD 1). |
| Apr 27, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Fukunaga, McKelvey; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Lamosao. |
| Apr 27, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Matayoshi, Ichiyama, Pierick; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 24, 2026 | Bill scheduled for Conference Committee Meeting on Monday, 04-27-26 3:15PM in conference room 224. |
| Apr 23, 2026 | Received notice of Senate conferees (Sen. Com. No. 725). |
| Apr 22, 2026 | Senate Conferees Appointed: Fukunaga Chair; McKelvey Co-Chair; Lamosao. |
| Apr 20, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 786). |
| Apr 20, 2026 | House Conferees Appointed: Matayoshi Chair; Ichiyama, Pierick. |
| Apr 16, 2026 | Received notice of disagreement (Hse. Com. No. 599). |
| Apr 14, 2026 | House disagrees with Senate amendment (s). |
| Apr 10, 2026 | Returned from Senate (Sen. Com. No. 525) in amended form (SD 1). |
| Apr 10, 2026 | Passed Third Reading, as amended (SD 1). Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 8, 2026 | 48 Hrs. Notice 04-10-26. |
| Apr 8, 2026 | Report adopted; Passed Second Reading, as amended (SD 1). |
| Apr 8, 2026 | Reported from CPN (Stand. Com. Rep. No. 3506) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading. |
| Mar 24, 2026 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 5 Aye(s): Senator(s) Keohokalole, Fukunaga, Lamosao, McKelvey, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 20, 2026 | The committee(s) on CPN has scheduled a public hearing on 03-24-26 9:35AM; Conference Room 229 & Videoconference. |
| Mar 12, 2026 | Referred to CPN. |
| Mar 12, 2026 | Passed First Reading. |
| Mar 12, 2026 | Received from House (Hse. Com. No. 260). |
| Mar 10, 2026 | Passed Third Reading with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate. |
| Mar 5, 2026 | Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Perruso excused (1). |
| Mar 5, 2026 | Reported from CPC (Stand. Com. Rep. No. 898-26) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading. |
| Feb 24, 2026 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 11 Ayes: Representative(s) Matayoshi, Grandinetti, Chun, Ilagan, Ichiyama, Kong, Lowen, Marten, Tam, Pierick; Ayes with reservations: Representative(s) Iwamoto; Noes: none; and Excused: none. |
| Feb 20, 2026 | Bill scheduled to be heard by CPC on Tuesday, 02-24-26 2:00PM in House conference room 329 VIA VIDEOCONFERENCE. |
| Jan 26, 2026 | Referred to CPC, referral sheet 1 |
| Jan 21, 2026 | Introduced and Pass First Reading. |
| Jan 20, 2026 | Prefiled. |
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Date
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Description
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Location
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Votes
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| May 6, 2026 | Final Reading | House Floor |
Passed |
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| May 1, 2026 | Final Reading | Senate Floor |
Passed |
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| Apr 10, 2026 | Third Reading | Senate Floor |
Passed |
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| Mar 24, 2026 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Commerce and Consumer Protection |
Passed |
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| Mar 10, 2026 | Third Reading | House Floor |
Passed |
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| Feb 24, 2026 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Consumer Protection & Commerce |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| AOAO Lakeview Sands | *** Support | Mar 24, 2026 |
| Associa | *** Support | Mar 24, 2026 |
| Hawaii Council of Community Assocations | *** Support | Mar 24, 2026 |
| Hawaii Council of Community Associations | ** Support | |
| Hawaii State Association of Parliamentarians | *** Support | Feb 24, 2026 |
| Hawaii State Association of Parliamentarians | *** Support | Mar 24, 2026 |
| Hawaiʻi State Association of Parliamentarians | ** Support | |
| Honolulu Tower | *** Support | Mar 24, 2026 |
| Law Offices of Mark K. McKellar, LLLC | *** Support | Feb 24, 2026 |
| Palehua Townhouse Association | ** Support | |
| Palehua Townhouses Association | *** Support | Mar 24, 2026 |
STAND. COM. REP. NO. 898-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1678
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1678 entitled:
"A BILL FOR AN ACT RELATING TO ASSOCIATIONS,"
begs leave to report as follows:
The purpose of this measure is to clarify, for elections of board members conducted by cumulative voting for planned community associations and condominium associations, that cumulative voting rights apply to all candidates, including write-in candidates, and that individual votes are used when allocating votes.
Your Committee received testimony in support of this measure from the Palehua Townhouse Association; Board of Directors of the Association of Apartment Owners of Honolulu Tower; Hawaiʻi State Association of Parliamentarians; Hawaii Council of Community Associations; Associa; and numerous individuals. Your Committee received comments on this measure from one individual.
Your Committee finds that existing law provides for cumulative voting only for persons nominated in elections for board member and officer positions for condominium associations. This does not account for write-in candidates. This measure expands the authorization for cumulative voting to include write-in candidates, which is consistent with the latest version of Robert's Rules of Order Newly Revised and will help ensure that nominations cannot be closed early as a tactic to prevent persons from being elected as write-in candidates.
Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.
As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1678, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1678, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,
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____________________________ SCOT Z. MATAYOSHI, Chair |
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Date
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Testimony PDF
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| Mar 24, 2026 | HB1678_HD1_TESTIMONY_CPN_03-24-26_.PDF |
| Feb 24, 2026 | HB1678_TESTIMONY_CPC_02-24-26_.PDF |
Discussed in Hearing
2MIN
Conference Committee
1MIN
Senate Standing Committee on Commerce and Consumer Protection
25SEC
Senate Standing Committee on Commerce and Consumer Protection
41SEC
House Floor
7MIN
House Standing Committee on Consumer Protection & Commerce
46SEC
House Standing Committee on Consumer Protection & Commerce
Bill Author
Bill Co-Author(s):