STATE OF NEW YORK
________________________________________________________________________
9190
IN SENATE
November 7, 2018
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the criminal procedure law and the civil practice law
and rules, in relation to the period of limitation for certain child
abuse cases; to amend the general municipal law, the court of claims
act and the education law, in relation to certain notices of claim and
commencement of certain actions; and to amend the judiciary law, in
relation to requiring that the office of court administration shall
provide training for judges and justices with respect to crimes
involving sexual abuse of minors (Part A); to amend the social
services law, in relation to reports of child abuse to law enforce-
ment; and to amend the penal law, in relation to falsely reporting an
incident in the third degree (Part B); and to amend the labor law, in
relation to prohibiting retaliatory personnel action by employers of
corporations formed other than for profit (Part C)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "child
2 victims protection and accountability act".
3 § 2. This act enacts into law major components of legislation which
4 are necessary to implement procedures related to victim protection and
5 accountability. Each component is wholly contained within a Part identi-
6 fied as Parts A through C. The effective date for each particular
7 provision contained within such Part is set forth in the last section of
8 the Part. Any provision in any section contained within a Part, includ-
9 ing the effective date of the Part, which makes a reference to a section
10 "of this act", when used in connection with that particular component,
11 shall be deemed to mean and refer to the corresponding section of the
12 Part in which it is found. Section four of this act sets forth the
13 general effective date of this act.
14 PART A
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16681-02-8
S. 9190 2
1 Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the
2 criminal procedure law, as separately amended by chapters 3 and 320 of
3 the laws of 2006, is amended to read as follows:
4 (f) [For purposes of a] A prosecution involving a sexual offense as
5 defined in article one hundred thirty of the penal law, other than a
6 sexual offense delineated in paragraph (a) of subdivision two of this
7 section, committed against a child less than eighteen years of age,
8 incest in the first, second or third degree as defined in sections
9 255.27, 255.26 and 255.25 of the penal law committed against a child
10 less than eighteen years of age, or use of a child in a sexual perform-
11 ance as defined in section 263.05 of the penal law[, the period of limi-
12 tation shall not begin to run until the child has reached the age of
13 eighteen or the offense is reported to a law enforcement agency or
14 statewide central register of child abuse and maltreatment, whichever
15 occurs earlier] may be commenced at any time.
16 § 2. The opening paragraph of section 208 of the civil practice law
17 and rules is designated subdivision (a) and a new subdivision (b) is
18 added to read as follows:
19 (b) Notwithstanding any provision of law which imposes a period of
20 limitation to the contrary, with respect to all civil claims or causes
21 of action brought by any person for physical, psychological or other
22 injury or condition suffered by such person as a result of conduct which
23 would constitute a sexual offense as defined in article one hundred
24 thirty of the penal law committed against such person who was less than
25 eighteen years of age, incest as defined in section 255.27, 255.26 or
26 255.25 of the penal law committed against such person who was less than
27 eighteen years of age, or the use of such person in a sexual performance
28 as defined in section 263.05 of the penal law, or a predecessor statute
29 that prohibited such conduct at the time of the act, which conduct was
30 committed against such person who was less than eighteen years of age,
31 such action may be commenced, against any party whose intentional or
32 negligent acts or omissions are alleged to have resulted in the commis-
33 sion of said conduct, on or before the plaintiff or infant plaintiff
34 reaches the age of fifty years. In any such claim or cause of action, in
35 addition to any other defense and affirmative defense that may be avail-
36 able in accordance with law, rule or the common law, to the extent that
37 the acts alleged in such action are of the type described in subdivision
38 one of section 130.30 of the penal law or subdivision one of section
39 130.45 of the penal law, the affirmative defenses set forth, respective-
40 ly, in the closing paragraph of such section of the penal law shall
41 apply.
42 § 3. Subdivision 8 of section 50-e of the general municipal law, as
43 amended by chapter 24 of the laws of 1988, is amended to read as
44 follows:
45 8. Inapplicability of section. (a) This section shall not apply to
46 claims arising under the provisions of the workers' compensation law,
47 the volunteer firefighters' benefit law, or the volunteer ambulance
48 workers' benefit law or to claims against public corporations by their
49 own infant wards.
50 (b) This section shall not apply to any claim made for physical,
51 psychological or other injury or condition suffered as a result of
52 conduct which would constitute a sexual offense as defined in article
53 one hundred thirty of the penal law committed against a child less than
54 eighteen years of age, incest as defined in section 255.27, 255.26 or
55 255.25 of the penal law committed against a child less than eighteen
56 years of age, or the use of a child in a sexual performance as defined
S. 9190 3
1 in section 263.05 of the penal law committed against a child less than
2 eighteen years of age.
3 § 4. Section 50-i of the general municipal law is amended by adding a
4 new subdivision 5 to read as follows:
5 5. Notwithstanding any provision of law to the contrary, this section
6 shall not apply to any claim made against a city, county, town, village,
7 fire district or school district for physical, psychological, or other
8 injury or condition suffered as a result of conduct which would consti-
9 tute a sexual offense as defined in article one hundred thirty of the
10 penal law committed against a child less than eighteen years of age,
11 incest as defined in section 255.27, 255.26 or 255.25 of the penal law
12 committed against a child less than eighteen years of age, or the use of
13 a child in a sexual performance as defined in section 263.05 of the
14 penal law committed against a child less than eighteen years of age.
15 § 5. Section 10 of the court of claims act is amended by adding a new
16 subdivision 10 to read as follows:
17 10. Notwithstanding any provision of law to the contrary, this section
18 shall not apply to any claim to recover damages for physical, psycholog-
19 ical, or other injury or condition suffered as a result of conduct which
20 would constitute a sexual offense as defined in article one hundred
21 thirty of the penal law committed against a child less than eighteen
22 years of age, incest as defined in section 255.27, 255.26 or 255.25 of
23 the penal law committed against a child less than eighteen years of age,
24 or the use of a child in a sexual performance as defined in section
25 263.05 of the penal law committed against a child less than eighteen
26 years of age.
27 § 6. Subdivision 2 of section 3813 of the education law, as amended by
28 chapter 346 of the laws of 1978, is amended to read as follows:
29 2. Notwithstanding anything to the contrary hereinbefore contained in
30 this section, no action or special proceeding founded upon tort shall be
31 prosecuted or maintained against any of the parties named in this
32 section or against any teacher or member of the supervisory or adminis-
33 trative staff or employee where the alleged tort was committed by such
34 teacher or member or employee acting in the discharge of his duties
35 within the scope of his employment and/or under the direction of the
36 board of education, trustee or trustees, or governing body of the school
37 unless a notice of claim shall have been made and served in compliance
38 with section fifty-e of the general municipal law. Every such action
39 shall be commenced pursuant to the provisions of section fifty-i of the
40 general municipal law; provided, however, that this section shall not
41 apply to any claim to recover damages for physical, psychological, or
42 other injury or condition suffered as a result of conduct which would
43 constitute a sexual offense as defined in article one hundred thirty of
44 the penal law committed against a child less than eighteen years of age,
45 incest as defined in section 255.27, 255.26 or 255.55 of the penal law
46 committed against a child less than eighteen years of age, or the use of
47 a child in a sexual performance as defined in section 263.05 of the
48 penal law committed against a child less than eighteen years of age.
49 § 7. Section 219-c of the judiciary law, as added by chapter 506 of
50 the laws of 2011, is amended to read as follows:
51 § 219-c. Crimes involving sexual assault and the sexual abuse of
52 minors; judicial training. The office of court administration shall
53 provide training for judges and justices with respect to crimes involv-
54 ing sexual assault and the sexual abuse of minors.
S. 9190 4
1 § 8. This act shall take effect immediately; provided, however that
2 section seven of this act shall take effect six months after this act
3 shall have become a law.
4 PART B
5 Section 1. Paragraph (a) of subdivision 1 of section 413 of the social
6 services law, as amended by section 7 of part C of chapter 57 of the
7 laws of 2018, is amended to read as follows:
8 (a) The following persons and officials are required to report or
9 cause a report to be made in accordance with this title when they have
10 reasonable cause to suspect that a child coming before them in their
11 professional or official capacity is an abused or maltreated child, or
12 when they have reasonable cause to suspect that a child is an abused or
13 maltreated child where the parent, guardian, custodian or other person
14 legally responsible for such child comes before them in their profes-
15 sional or official capacity and states from personal knowledge facts,
16 conditions or circumstances which, if correct, would render the child an
17 abused or maltreated child: any physician; registered physician assist-
18 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
19 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
20 psychologist; registered nurse; social worker; emergency medical techni-
21 cian; licensed creative arts therapist; licensed marriage and family
22 therapist; licensed mental health counselor; licensed psychoanalyst;
23 licensed behavior analyst; certified behavior analyst assistant; hospi-
24 tal personnel engaged in the admission, examination, care or treatment
25 of persons; member of the clergy; a Christian Science practitioner;
26 school official, which includes but is not limited to school teacher,
27 school guidance counselor, school psychologist, school social worker,
28 school nurse, school administrator or other school personnel required to
29 hold a teaching or administrative license or certificate; full or part-
30 time compensated school employee required to hold a temporary coaching
31 license or professional coaching certificate; social services worker;
32 employee of a publicly-funded emergency shelter for families with chil-
33 dren; director of a children's overnight camp, summer day camp or trav-
34 eling summer day camp, as such camps are defined in section thirteen
35 hundred ninety-two of the public health law; day care center worker;
36 school-age child care worker; provider of family or group family day
37 care; employee or volunteer in a residential care facility for children
38 that is licensed, certified or operated by the office of children and
39 family services; or any other child care or foster care worker; mental
40 health professional; substance abuse counselor; alcoholism counselor;
41 all persons credentialed by the office of alcoholism and substance abuse
42 services; employees, who are expected to have regular and substantial
43 contact with children, of a health home or health home care management
44 agency contracting with a health home as designated by the department of
45 health and authorized under section three hundred sixty-five-l of this
46 chapter or such employees who provide home and community based services
47 under a demonstration program pursuant to section eleven hundred fifteen
48 of the federal social security act who are expected to have regular and
49 substantial contact with children; peace officer; police officer;
50 district attorney or assistant district attorney; investigator employed
51 in the office of a district attorney; or other law enforcement official.
52 § 2. Subdivision 1 of section 413 of the social services law is
53 amended by adding three new paragraphs (e), (f) and (g) to read as
54 follows:
S. 9190 5
1 (e) Unless the person confessing or confiding waives the privilege
2 pursuant to section four thousand five hundred five of the civil prac-
3 tice law and rules, a member of the clergy or duly accredited Christian
4 Science practitioner shall not be required to make a report as required
5 by paragraph (a) of this subdivision if the confession or confidence was
6 made to him or her in his or her professional character as spiritual
7 advisor.
8 (f) The provisions for paragraph (e) of this subdivision shall not be
9 deemed to exempt a member of the clergy or Christian Science practition-
10 er from any other requirements of law to prevent the perpetrator from
11 committing additional acts of abuse.
12 (g) For the purposes of this subdivision the term "member of the cler-
13 gy" shall have the same meaning as defined under subdivision four of
14 section four hundred twenty-nine-a of this article.
15 § 3. Article 6 of the social services law is amended by adding a new
16 title 6-B to read as follows:
17 TITLE 6-B
18 REPORTS OF CHILD ABUSE TO LAW ENFORCEMENT
19 Section 429-a. Definitions.
20 429-b. Persons and officials required to report cases of
21 suspected child abuse to law enforcement authorities.
22 429-c. Penalties for failure to report.
23 429-d. Immunity from liability.
24 429-e. Training.
25 § 429-a. Definitions. For the purposes of this title the following
26 terms shall have the following meanings:
27 1. "Child abuse" shall mean any of the following acts committed
28 against a child by persons or officials defined under section four
29 hundred twenty-nine-b of this title, who are eighteen years of age or
30 older: (a) intentionally or recklessly inflicting physical injury,
31 serious physical injury or death, or (b) intentionally or recklessly
32 engaging in conduct which creates a substantial risk of such physical
33 injury, serious physical injury or death, or (c) any child sexual abuse
34 as defined in this section, or (d) conduct prohibited by article one
35 hundred thirty or two hundred sixty-three of the penal law, or (e) the
36 commission or attempted commission against a child of the crime of
37 disseminating indecent materials to minors pursuant to article two
38 hundred thirty-five of the penal law.
39 2. "Child" shall mean a person under the age of eighteen years.
40 3. "Law enforcement authorities" shall mean a municipal police depart-
41 ment, sheriff's department, the division of state police or any officer
42 thereof. Notwithstanding any other provision of law, law enforcement
43 authorities shall not include any child protective service or any socie-
44 ty for the prevention of cruelty to children as such terms are defined
45 in section four hundred twenty-three of this article.
46 4. "Member of the clergy" shall mean any duly authorized pastor,
47 rector, deacon, priest, rabbi, pandit, swami, guru, granthi, imam, moul-
48 vi, maulana and a person having authority from, or in accordance with,
49 the rules and regulations of the governing ecclesiastical body of the
50 denomination or order, if any, to which the church belongs, or otherwise
51 from the church or synagogue to preside over and direct the spiritual
52 affairs of the church or synagogue.
53 5. "Religious institution" shall mean a religious corporation created
54 to enable its members to meet for divine worship or other religious
55 observances or a congregation, society, or other assemblage of persons
S. 9190 6
1 who are accustomed to statedly meet for divine worship or other reli-
2 gious observances, without having been incorporated for that purpose.
3 § 429-b. Persons and officials required to report cases of suspected
4 child abuse to law enforcement authorities. 1. The following persons and
5 officials are required to report or cause a report to be made to the
6 appropriate law enforcement authorities when they have reasonable suspi-
7 cion to believe that in their professional or official capacity an act
8 of child abuse has occurred: any physician; registered physician assist-
9 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
10 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
11 psychologist; registered nurse; emergency medical technician; hospital
12 personnel engaged in the admission, examination, care or treatment of
13 persons; member of the clergy; a Christian Science practitioner; school
14 official, which includes but is not limited to a school teacher, school
15 guidance counselor, school psychologist, school social worker, school
16 nurse, school administrator or other school personnel required to hold a
17 teaching or administrative license or certificate, or full or part-time
18 compensated school employee required to hold a temporary coaching
19 license or professional coaching certificate; social services worker;
20 director of a children's overnight camp, summer day camp or traveling
21 summer day camp, as such camps are defined in section thirteen hundred
22 ninety-two of the public health law; day care worker; provider of family
23 or group family day care; employee or volunteer in a residential care
24 facility or any other child care or foster care worker; mental health
25 professional; substance abuse counselor; alcoholism counselor; peace
26 officer; police officer; district attorney or assistant district attor-
27 ney; investigator employed in the office of a district attorney; or
28 other law enforcement official.
29 (a) Unless the person confessing or confiding waives the privilege,
30 pursuant to section four thousand five hundred five of the civil prac-
31 tice law and rules, a member of the clergy, or duly accredited Christian
32 Science practitioner, shall not be required to make a report as required
33 pursuant to subdivision one of this section if the confession or confi-
34 dence was made to him or her in his or her professional character as
35 spiritual advisor.
36 (b) When a member of the clergy has reasonable suspicion to believe
37 that an act of child abuse has occurred based upon information received
38 other than through a confession or confidence made pursuant to paragraph
39 (a) of this subdivision, then such member of the clergy shall promptly
40 make a report as required by this subdivision notwithstanding the fact
41 that he or she may have also received a report of child abuse through a
42 confession or confidence made pursuant to paragraph (a) of this subdivi-
43 sion.
44 (c) The provisions of paragraph (a) of this subdivision shall not be
45 deemed to exempt a member of the clergy from any other requirements of
46 law to prevent the perpetrator from committing additional acts of abuse.
47 2. Nothing in this title shall be construed to require the report of
48 information by a person required to report herein when such information
49 is otherwise privileged from disclosure by law.
50 § 429-c. Penalties for failure to report. 1. Any person required by
51 this title to report a case of suspected child abuse who willfully fails
52 to do so shall be guilty of a class A misdemeanor.
53 2. Any person required by this title to report a case of suspected
54 child abuse who knowingly and willfully fails to do so shall be civilly
55 liable for the damages proximately caused by such failure to report.
S. 9190 7
1 § 429-d. Immunity from liability. Any person who reasonably and in
2 good faith makes a report of allegations of child abuse as required
3 pursuant to this title shall have immunity from any liability, civil or
4 criminal, that might otherwise result by reason of such actions.
5 § 429-e. Training. 1. All persons or officials required to report
6 cases of suspected child abuse to law enforcement employed on or after
7 the effective date of this title shall be required to complete two hours
8 of coursework or training regarding the identification and reporting of
9 child abuse and maltreatment. The coursework or training shall be
10 obtained from an institution or provider which has been approved by the
11 department to provide such coursework or training. The coursework or
12 training shall include information regarding the physical and behavioral
13 indicators of child abuse and maltreatment and the statutory reporting
14 requirements set forth under this title as well as sections four hundred
15 thirteen through four hundred twenty of this article, including but not
16 limited to, when and how a report must be made, what other actions the
17 reporter is mandated or authorized to take, the legal protections
18 afforded reporters, and the consequences for failing to report. The
19 department shall be authorized to publish a list of persons who are not
20 in compliance with this subdivision on its website.
21 2. The coursework or training required by this section shall not apply
22 to those persons already required to undergo coursework or training
23 regarding the identification and reporting of child abuse and maltreat-
24 ment pursuant to any other pertinent section of law.
25 § 4. Paragraph (b) of subdivision 4 of section 240.50 of the penal
26 law, as amended by section 1 of part G of chapter 501 of the laws of
27 2012, is amended and a new paragraph (c) is added to read as follows:
28 (b) any person required to report cases of suspected child abuse or
29 maltreatment pursuant to subdivision one of section four hundred thir-
30 teen of the social services law or to report cases of suspected abuse or
31 neglect of a vulnerable person pursuant to section four hundred ninety-
32 one of such law, knowing that the person is required to report such
33 cases, and with the intent that such an alleged occurrence be reported
34 to the statewide central register or vulnerable persons' central regis-
35 ter[.], or
36 (c) any person required to report cases of suspected child abuse to
37 law enforcement pursuant to title six-B of article six of the social
38 services law.
39 § 5. This act shall take effect on the ninetieth day after it shall
40 have become a law; provided, however that the form used to report
41 suspected cases of child abuse be revised, as necessary, by the office
42 of children and family services prior to the effective date of this act
43 so that it is applicable for reporting to law enforcement agencies.
44 PART C
45 Section 1. Paragraph (b) of subdivision 1 of section 740 of the labor
46 law, as added by chapter 660 of the laws of 1984, is amended and a new
47 paragraph (h) is added to read as follows:
48 (b) "Employer" means any person, firm, partnership, institution,
49 corporation, except a corporation formed other than for profit, or asso-
50 ciation that employs one or more employees.
51 (h) "Corporation formed other than for profit" is a corporation as
52 defined by subdivision thirteen of section sixty-six of the general
53 construction law, except that for purposes of this section such defi-
54 nition shall not apply to a general hospital, as defined in section two
S. 9190 8
1 thousand eight hundred one of the public health law, incorporated other
2 than for profit.
3 § 2. The labor law is amended by adding a new section 742 to read as
4 follows:
5 § 742. Retaliatory personnel action by employers of corporations
6 formed other than for profit; prohibition. 1. Definitions. As used in
7 this section, the following terms shall have the following meanings:
8 (a) "Employee" means a person who performs services for and under the
9 control and direction of an employer for wages or other remuneration.
10 (b) "Employer" means a corporation formed other than for profit that
11 employs one or more employees.
12 (c) "Law, rule or regulation" includes any duly enacted federal, state
13 or local statute or ordinance or any rule or regulation promulgated
14 pursuant to any federal, state or local statute or ordinance.
15 (d) "Public body" includes the following:
16 (i) the United States Congress, any state legislature, or any elected
17 local governmental body, or any member or employee thereof;
18 (ii) any federal, state, or local court, or any member or employee
19 thereof, or any grand or petit jury;
20 (iii) any federal, state, or local regulatory, administrative, or
21 public agency or authority, or instrumentality thereof; or
22 (iv) any federal, state, or local law enforcement agency, prosecutori-
23 al office, or police or peace officer.
24 (e) "Retaliatory personnel action" means the discharge, suspension or
25 demotion of an employee, or other adverse employment action taken
26 against an employee in the terms and conditions of employment.
27 (f) "Supervisor" means any individual within an employer's organiza-
28 tion who has the authority to direct and control the work performance of
29 the affected employee; or who has managerial authority to take correc-
30 tive action regarding the violation of law, rule or regulation of which
31 the employee complains.
32 (g) "Corporation formed other than for profit" is a corporation as
33 defined by subdivision thirteen of section sixty-six of the general
34 construction law. A general hospital, as defined in section two thou-
35 sand eight hundred one of the public health law, shall not fall within
36 the meaning of a "corporation formed other than for profit" for purposes
37 of this section.
38 (h) "Improper action" shall mean any action by an employer or employee
39 of a corporation formed other than for profit, which is undertaken in
40 the performance of their official duties, whether or not such action is
41 within the scope of employment, and which is in violation of any feder-
42 al, state or local law, rule or regulation.
43 2. Prohibitions. An employer shall not take any retaliatory personnel
44 action against an employee because such employee does any of the follow-
45 ing:
46 (a) discloses, or threatens to disclose to a supervisor or to a public
47 body an activity, policy or practice of the employer that is in
48 violation of any law, rule or regulation which violation creates and
49 presents a substantial and specific danger to the public health or safe-
50 ty, or which the employee reasonably believes to be true and reasonably
51 believes constitutes an improper action;
52 (b) provides information to or testifies before any public body
53 conducting an investigation, hearing or inquiry into any such violation
54 of a law, rule or regulation by such employer; or
55 (c) objects to, or refuses to participate in any such activity, policy
56 or practice in violation of a law, rule or regulation.
S. 9190 9
1 3. Application. The protection against retaliatory personnel action
2 provided by paragraph (a) of subdivision two of this section pertaining
3 to disclosure to a public body shall not apply to an employee who makes
4 such disclosure to a public body unless the employee has brought the
5 activity, policy or practice in violation of law, rule or regulation to
6 the attention of a supervisor of the employer and has afforded such
7 employer a reasonable opportunity to correct such activity, policy or
8 practice. Employer notification shall not be required pursuant to this
9 subdivision when an employee discloses an improper action pertaining to
10 endangering the welfare of a child.
11 4. Violation; remedy. (a) An employee who has been the subject of a
12 retaliatory personnel action in violation of this section may institute
13 a civil action in a court of competent jurisdiction for relief as set
14 forth in subdivision five of this section within one year after the
15 alleged retaliatory action was taken.
16 (b) Any action authorized by this section may be brought in the county
17 in which the alleged retaliatory personnel action occurred, in the coun-
18 ty in which the complainant resides, or in the county in which the
19 employer has its principal place of business.
20 (c) It shall be a defense to any action brought pursuant to this
21 section that the personnel action was predicated upon grounds other than
22 the employee's exercise of any rights protected by this section. It
23 shall also be a defense that the individual was an independent contrac-
24 tor.
25 5. Relief. In any action brought pursuant to subdivision four of this
26 section, the court may order relief as follows:
27 (a) an injunction to restrain continued violation of this section;
28 (b) the reinstatement of the employee to the same position held before
29 the retaliatory personnel action, or to an equivalent position;
30 (c) the reinstatement of full fringe benefits and seniority rights;
31 (d) the compensation for lost wages, benefits and other remuneration;
32 and
33 (e) the payment by the employer of reasonable costs, disbursements,
34 and attorneys' fees.
35 6. Employer relief. A court, in its discretion, may also order that
36 reasonable attorneys' fees and court costs and disbursements be awarded
37 to an employer if the court determines that an action brought by an
38 employee under this section was without basis in law or in fact.
39 7. Publication. An employer shall notify all new employees in writing
40 of their protections, rights and obligations under this section. A
41 notice shall also be posted conspicuously on the premises of such
42 employer regarding the protections, rights and obligations provided for
43 within this section.
44 8. Existing rights. Nothing in this section shall be deemed to dimin-
45 ish the rights, privileges, or remedies of any employee under any other
46 law or regulation or under any collective bargaining agreement or
47 employment contract; except that the institution of an action in accord-
48 ance with this section shall be deemed a waiver of the rights and reme-
49 dies available under any other contract, collective bargaining agree-
50 ment, law, rule, or regulation or under the common law.
51 § 3. This act shall take effect immediately; provided, however that
52 all current employees of an employer protected pursuant to this act
53 shall be provided written notice of their protections, rights and obli-
54 gations upon the effective date of this act.
55 § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
56 sion, section or part of this act shall be adjudged by a court of compe-
S. 9190 10
1 tent jurisdiction to be invalid, such judgement shall not affect, impair
2 or invalidate the remainder thereof, but shall be confined in its opera-
3 tion to the clause, sentence, paragraph, subdivision, section or part
4 thereof directly involved in the controversy in which such judgement
5 shall have been rendered. It is hereby declared to be the intent of the
6 legislature that this act would have been enacted even if such invalid
7 provisions had not been included herein.
8 § 4. This act shall take effect immediately, provided, however, that
9 the applicable effective date of Parts A through C of this act shall be
10 as specifically set forth in the last section of such Part.