senate Bill S4005B

Establishes the New York state independent budget office

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Mar / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 10 / Feb / 2014
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 10 / Feb / 2014
    • PRINT NUMBER 4005A
  • 19 / Feb / 2014
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 19 / Feb / 2014
    • PRINT NUMBER 4005B

Summary

Creates the New York state independent budget office with a director to be appointed, upon the recommendations of an independent budget office advisory committee, by the speaker of the assembly and the temporary president of the senate; such office shall provide objective, non-partisan and timely analyses of state revenue, expenditures and management practices to members of the legislature for any legislation with fiscal impact or at the request of a leader or a committee.

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Bill Details

See Assembly Version of this Bill:
A2007A
Versions:
S4005
S4005A
S4005B
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Legislative Law
Laws Affected:
Add Art 4-B §§75 & 76, Leg L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S7285, A7184
2009-2010: S3137, A5925
2007-2008: A7465

Sponsor Memo

BILL NUMBER:S4005B

TITLE OF BILL: An act to amend the legislative law, in relation to
establishing the New York state independent budget office

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to establish a New York State
Independent Budget Office to provide objective, non-partisan analyses
of State revenues, expenditures and management practices.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Adds a new article 4-B to the Legislative Law titled NEW
YORK STATE INDEPENDENT BUDGET OFFICE

Duties of the NYSIBO shall include providing members and committees of
the legislature information with respect to:

*the budget, appropriation bills and bills with fiscal implications;
*estimated revenues and receipts, and changing revenue conditions;
*the effectiveness of sate agencies and programs; and
*the extent practicable, other analyses requested by such officials or
the general public.

Specific responsibilities of the NYSIBO will include:

*completing a fiscal impact statement for any bill placed on an
Assembly Ways and Means or Senate Finance Committee agenda to the
extent possible;
*completing a fiscal impact statement on any bill at the request of
the Speaker or Minority Leader of the Assembly or the Majority or
Minority Leader of the Senate;
*completing a fiscal impact statement at the request of committee
chairs or ranking members for any bill referred to their respective
committee;
*analyzing the Executive Budget by IVIarch 1st for the upcoming fiscal
year and reporting their findings to the Assembly Ways and Means
Committee and Senate Finance Committee;
*completing a fiscal impact statement at the request of committee
chairs or ranking members for any bill referred to their respective
committee;
*publishing a quarterly report that estimates revenue projections; and
*publishing a report by DecemberÖreach year projecting a five year
fiscal outlook.

The office shall, the extent practicable, develop proposals for cost
effective alternatives to meet the public responsibilities of the
State. The office shall publish reports to enhance understanding of
budget documents, revenues, expenditures, state management practices
and related matters. All analyses and reports shall be made available
for the public and shall be available electronically.

The director of the NYSIBO shall be appointed by the Speaker of the
Assembly and Majority Leader of the Senate, based on the
recommendations of the Independent Budget Office Advisory Committee


(NYSIBOAC). The NYSIBOAC shall consist of one person appointed by each
of the following officials:

*the chair and ranking member of the Assembly Ways and Means
Committee;
*the chair and ranking member of the Senate Finance Committee;
*six additional members jointly appointed by the Speaker of the
Assembly and the Majority Leader of the Senate. These members must
consist of at least one of each of the following:
*one expert in budget theory and the budget process;
*one dean (or former) or director of a graduate school of business
administration, public affairs or public administration located in New
York State;
*one officer or former officer or economic advisor or a labor union;
*one officer or former officer or economic advisor to a business
corporation; and
*one officer or former officer of a civic or public interest advocacy
organization involved in budget matters.

The NYSIBOAC shall develop guidelines for the best practices of the
office and shall meet annually with the director to review the
guidelines.

The member of the NYSIBOAC shall receive no compensation but shall be
reimbursed for reasonably expenses incurred in connection with their
duties. The director shall be appointed without regard to political
affiliation for a six year term. The director's salary shall be
determined by the NYSIBOAC.

JUSTIFICATION:

Modeled after the highly successful Congressional Budget Office and
the New York City Independent Budget office, this legislation
establishes a non-partisan office to provide legislators with the
objective information they need to make decisions regarding the
budget. Accurate, up-to-date information is a key ingredient for
prudent, timely budgetary and public policy decisions. This newly
created office will provide that to all State lawmakers. Each year the
Independent Budget NYSIBO will provide the Senate Finance Committee
members and the Assembly Ways and Means Committee members with an
Executive Budget analyses by March 1st. This provides ample time to
review the analyses before the budget deadline of April 1st.

New York City's Independent Budget has recently published reports on
issues including Budget Options for the City, Financing Plans for
Stadiums, Debt Affordability Measures for the City and the
Metropolitan Transportation Authority's Budget in Staten Island. As in
New York City, the NYSIBO will provide legislators and the public with
financial information covering varying issues.

All legislators, regardless of political affiliation will be able to
utilize the services of the NYSIBO. As this will be a non-partisan
office, Senate and Assembly Members will have access to the same data,
analyses and information thereby helping to eliminate the annual
conflicts that emerge over the disparities in both revenue and
expenditures projections. This will result in an on-time budget based
on sound fiscal policy.


All documentation from this office will be made available to the
public in order to grant the public access to the same information as
the legislature. At least 23 other states including California, Texas,
Florida, Connecticut and Vermont have already established non-partisan
budget offices to assist their Legislatures.

PRIOR LEGISLATIVE HISTORY:

A. 7184 of 2011/2012
A. 5925 and S. 3137 of 2009/2010
A. 7645 and S. 4618 of 2007/2008
A. 11196 and S. 7872 of 2005/2006

FISCAL IMPLICATIONS:

The New York State Independent Budget Office shall be funded by 10% of
the appropriations available for the Division Budget.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4005--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sens.  GRIFFO, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and  Government Operations -- recommitted to the Committee on Investi-
  gations and Government Operations in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the legislative law, in relation to establishing the New
  York state independent budget office

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The legislative law is amended by adding a new article 4-B
to read as follows:
                                ARTICLE 4-B
                NEW YORK STATE INDEPENDENT BUDGET OFFICE
SECTION 75. POWERS AND DUTIES OF THE NEW YORK STATE  INDEPENDENT  BUDGET
              OFFICE.
        76. DIRECTOR OF THE NEW YORK STATE INDEPENDENT BUDGET OFFICE.
  S  75.  POWERS  AND  DUTIES  OF  THE NEW YORK STATE INDEPENDENT BUDGET
OFFICE. THERE SHALL HEREBY BE ESTABLISHED A NEW YORK  STATE  INDEPENDENT
BUDGET  OFFICE.  1. IT SHALL BE THE DUTY OF THE NEW YORK STATE INDEPEND-
ENT BUDGET OFFICE TO PROVIDE THE MEMBERS AND COMMITTEES OF THE  LEGISLA-
TURE WITH INFORMATION WHICH WILL ASSIST SUCH OFFICIALS AND BODIES IN THE
DISCHARGE  OF  THEIR RESPONSIBILITIES WHICH ARE RELATED TO THE BUDGETARY
PROCESS INCLUDING:
  (A) INFORMATION WITH RESPECT TO THE BUDGET, APPROPRIATIONS  BILLS  AND
PROPOSED LAWS WITH FISCAL IMPLICATIONS;
  (B)  INFORMATION  WITH RESPECT TO ESTIMATED REVENUES AND RECEIPTS, AND
CHANGING REVENUE CONDITIONS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04757-05-4

S. 4005--B                          2

  (C) INFORMATION WITH RESPECT TO THE PERFORMANCE AND  EFFECTIVENESS  OF
STATE AGENCIES AND PROGRAMS; AND
  (D)  TO  THE EXTENT PRACTICABLE, SUCH OTHER INFORMATION OR ANALYSES AS
MAY BE REQUESTED BY SUCH OFFICIALS AND BODIES, AND THE GENERAL PUBLIC.
  REQUESTS MADE BY THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY  PRESIDENT
OF  THE  SENATE,  THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND
THE CHAIR OF THE SENATE FINANCE COMMITTEE REGARDING THE BUDGET, REVENUES
AND EXPENDITURES SHALL RECEIVE PRIORITY ATTENTION.
  2.   THE INDEPENDENT BUDGET OFFICE  SHALL  COMPLETE  A  FISCAL  IMPACT
STATEMENT:  (A)  FOR  ANY  BILL BEING CONSIDERED ON AN ASSEMBLY WAYS AND
MEANS COMMITTEE AGENDA OR A SENATE  FINANCE  COMMITTEE  AGENDA,  TO  THE
EXTENT  POSSIBLE;  (B)  FOR  ANY  BILL  AT THE REQUEST OF THE SPEAKER OR
MINORITY LEADER OF THE ASSEMBLY OR THE TEMPORARY PRESIDENT  OR  MINORITY
LEADER  OF  THE  SENATE;  AND (C) AT THE REQUEST OF A COMMITTEE CHAIR OR
RANKING MEMBER OF A COMMITTEE FOR ANY BILL REFERRED TO THEIR  RESPECTIVE
COMMITTEE.   FISCAL IMPACT STATEMENTS SHALL ESTIMATE THE IMPACT ON STATE
REVENUES OR EXPENDITURES.
  3.  THE INDEPENDENT BUDGET OFFICE SHALL  SUBMIT  AN  ANALYSIS  OF  THE
EXECUTIVE  BUDGET  BY  MARCH  FIRST  OF  EACH YEAR TO THE MEMBERS OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE,  AND
MAKE  COPIES  OF  SUCH  ANALYSIS  AVAILABLE  TO ALL OTHER MEMBERS OF THE
LEGISLATURE AND ALL OTHER INDIVIDUALS, UPON REQUEST.
  4. THE INDEPENDENT BUDGET OFFICE SHALL,  TO  THE  EXTENT  PRACTICABLE,
DEVELOP  PROPOSALS FOR COST EFFECTIVE ALTERNATIVE APPROACHES TO MEET THE
PUBLIC RESPONSIBILITIES OF THE STATE.
  5. THE INDEPENDENT BUDGET OFFICE SHALL PUBLISH A REPORT  WITH  RESPECT
TO  THE  EXPECTED  LEVELS OF STATE REVENUES BY THE FIRST DAY OF JANUARY,
THE FIRST DAY OF APRIL, THE FIRST DAY OF JULY AND THE FIRST DAY OF OCTO-
BER OF EACH YEAR.
  6. THE INDEPENDENT BUDGET OFFICE SHALL PUBLISH BY  DECEMBER  FIRST  OF
EACH  YEAR  A  REPORT  ANALYZING THE FISCAL OUTLOOK OF THE STATE FOR THE
NEXT FIVE YEARS.
  7. THE INDEPENDENT BUDGET OFFICE SHALL, FROM  TIME  TO  TIME,  PUBLISH
SUCH  REPORTS  AS  MAY BE APPROPRIATE TO ENHANCE THE OFFICIAL AND PUBLIC
UNDERSTANDING OF THE BUDGETARY PROCESS AND OF THE BUDGET DOCUMENTS. SUCH
OFFICE SHALL, FROM TIME TO TIME, PUBLISH SUCH REPORTS AS MAY  BE  NECES-
SARY  OR  APPROPRIATE  TO PROVIDE SUCH INFORMATION, DATA AND ANALYSIS AS
WILL ENHANCE OFFICIAL AND PUBLIC UNDERSTANDING OF  MATTERS  RELATING  TO
STATE REVENUES, EXPENDITURES, MANAGEMENT PRACTICES AND RELATED MATTERS.
  8.  THE  INDEPENDENT  BUDGET  OFFICE  MAY  PROCURE UP-TO-DATE COMPUTER
EQUIPMENT, OBTAIN THE SERVICES OF EXPERTS AND  CONSULTANTS  IN  COMPUTER
TECHNOLOGY, AND DEVELOP TECHNIQUES FOR THE EVALUATION OF REVENUE PROJEC-
TIONS AND BUDGETARY REQUIREMENTS.
  9.  ALL  INFORMATION,  DATA, ESTIMATES AND STATISTICS, AND ALL STUDIES
AND REPORTS PREPARED BY THE INDEPENDENT  BUDGET  OFFICE  SHALL  BE  MADE
AVAILABLE  TO  THE PUBLIC AND SHALL ALSO BE MADE AVAILABLE BY ELECTRONIC
MEANS OVER THE INTERNET.
  S 76.  DIRECTOR OF THE NEW YORK STATE INDEPENDENT  BUDGET  OFFICE.  1.
THE NEW YORK STATE INDEPENDENT BUDGET OFFICE SHALL BE HEADED BY A DIREC-
TOR  WHO  SHALL BE APPOINTED, UPON THE RECOMMENDATIONS OF AN INDEPENDENT
BUDGET OFFICE ADVISORY COMMITTEE, BY THE SPEAKER OF THE ASSEMBLY AND THE
TEMPORARY PRESIDENT OF THE SENATE. THE RECOMMENDATIONS FOR  THE  INITIAL
APPOINTMENT  OF  SUCH  DIRECTOR  SHALL  BE  MADE  NO  LATER THAN JANUARY
FIFTEENTH OF THE SECOND YEAR FOLLOWING THE ENACTMENT OF THIS ARTICLE  TO
THE  SPECIAL COMMITTEE. SUBSEQUENT RECOMMENDATIONS SHALL BE MADE BETWEEN
JANUARY SECOND AND JANUARY FIFTEENTH EVERY SIXTH  YEAR  THEREAFTER.  THE

S. 4005--B                          3

SPECIAL  COMMITTEE  SHALL  APPOINT  THE  INITIAL  DIRECTOR NO LATER THAN
FEBRUARY FIFTEENTH OF THE SECOND YEAR FOLLOWING THE  ENACTMENT  OF  THIS
ARTICLE  AND  SUCH  INITIAL  DIRECTOR  SHALL TAKE OFFICE BEGINNING APRIL
FIRST  OF  THE  SECOND  YEAR  FOLLOWING  THE  ENACTMENT OF THIS ARTICLE.
SUBSEQUENT APPOINTMENTS SHALL BE MADE NO LATER THAN  FEBRUARY  FIFTEENTH
EVERY SIXTH YEAR THEREAFTER.
  2.  (A) THERE SHALL BE AN INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE
CONSISTING OF (I) ONE PERSON APPOINTED BY EACH OF  THE  FOLLOWING  OFFI-
CIALS  AND  WHO SHALL SERVE AT THE PLEASURE OF SUCH OFFICIALS; THE CHAIR
AND RANKING MEMBER OF THE ASSEMBLY WAYS  AND  MEANS  COMMITTEE  AND  THE
CHAIR  AND  RANKING MEMBER OF THE SENATE FINANCE COMMITTEE, AND (II) SIX
OTHER MEMBERS JOINTLY APPOINTED BY THE SPEAKER OF THE ASSEMBLY  AND  THE
TEMPORARY  PRESIDENT  OF THE SENATE, WHO SHALL SERVE FOR SIX YEAR TERMS,
PROVIDED, HOWEVER THAT OF THE MEMBERS FIRST APPOINTED, TWO  SHALL  SERVE
FOR  TERMS  EXPIRING ON MARCH THIRTY-FIRST, OF THE SECOND YEAR FOLLOWING
THE ENACTMENT OF THIS ARTICLE; TWO SHALL SERVE  FOR  TERMS  EXPIRING  ON
MARCH  THIRTY-FIRST,  OF THE FOURTH YEAR FOLLOWING THE ENACTMENT OF THIS
ARTICLE; AND TWO SHALL SERVE FOR TERMS EXPIRING ON  MARCH  THIRTY-FIRST,
OF  THE  SIXTH YEAR FOLLOWING THE ENACTMENT OF THIS ARTICLE. THE MEMBERS
SHALL ALL BE INDIVIDUALS WITH EXTENSIVE EXPERIENCE AND KNOWLEDGE IN  THE
FIELDS  OF  FINANCE,  ECONOMICS,  ACCOUNTING,  PUBLIC ADMINISTRATION AND
PUBLIC POLICY ANALYSIS INCLUDING  AT  LEAST  ONE  NATIONALLY  RECOGNIZED
EXPERT  IN  THE FIELDS OF BUDGET THEORY AND THE BUDGET PROCESS; ONE DEAN
OR DIRECTOR OR FORMER DEAN OR DIRECTOR OF A GRADUATE SCHOOL OF  BUSINESS
ADMINISTRATION,  PUBLIC  AFFAIRS OR PUBLIC ADMINISTRATION LOCATED IN NEW
YORK STATE; ONE OFFICER OR FORMER OFFICER OR ECONOMIC ADVISOR OF A LABOR
UNION; ONE OFFICER OR FORMER OFFICER OR ECONOMIC ADVISOR TO  A  BUSINESS
CORPORATION;  AND  ONE  OFFICER  OR  FORMER OFFICER OF A CIVIC OR PUBLIC
INTEREST ADVOCACY ORGANIZATION INVOLVED IN BUDGET MATTERS.  NO  INDIVID-
UAL SHALL SERVE CONSECUTIVE TERMS.
  (B)  THE  INDEPENDENT  BUDGET  OFFICE ADVISORY COMMITTEE SHALL DEVELOP
GUIDELINES FOR THE BEST PRACTICES OF THE INDEPENDENT BUDGET OFFICE.  THE
INDEPENDENT  BUDGET  OFFICE  ADVISORY COMMITTEE SHALL MEET ANNUALLY WITH
THE DIRECTOR  TO  REVIEW  SUCH  GUIDELINES  AND  TO  MAKE  COMMENTS  AND
SUGGESTIONS ON THE OVERALL PRACTICES OF THE OFFICE.
  (C)  MEMBERS  OF  THE ADVISORY COMMITTEE SHALL RECEIVE NO COMPENSATION
BUT SHALL BE REIMBURSED FOR REASONABLE EXPENSES INCURRED  IN  CONNECTION
WITH THEIR DUTIES.
  3.  THE  DIRECTOR  OF THE INDEPENDENT BUDGET OFFICE SHALL BE APPOINTED
WITHOUT REGARD TO POLITICAL AFFILIATION  AND  SOLELY  ON  THE  BASIS  OF
FITNESS  TO  PERFORM  THE  DUTIES  ASSIGNED BY THIS ARTICLE. THE TERM OF
OFFICE  OF  THE  DIRECTOR  FIRST  APPOINTED  SHALL  EXPIRE  ON  FEBRUARY
FIFTEENTH, OF THE SIXTH YEAR FOLLOWING THE ENACTMENT OF THIS ARTICLE AND
THE  TERMS OF OFFICE OF DIRECTORS SUBSEQUENTLY APPOINTED SHALL EXPIRE ON
SUCH DATE IN EACH SIXTH YEAR THEREAFTER.  ANY  INDIVIDUAL  APPOINTED  TO
FILL  A  VACANCY  PRIOR TO THE EXPIRATION OF A TERM SHALL SERVE ONLY FOR
THE UNEXPIRED PORTION OF SUCH TERM. AN INDIVIDUAL SERVING AS DIRECTOR AT
THE EXPIRATION OF THE TERM MAY CONTINUE TO SERVE UNTIL  A  SUCCESSOR  IS
APPOINTED.   ANY DIRECTOR SERVING CONSECUTIVE TERMS SHALL BE RECOMMENDED
BY THE INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE AND APPOINTED BY THE
SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF  THE  SENATE  FOR
THE  SECOND  TERM.  NO  DIRECTOR SHALL SERVE MORE THAN TWO TERMS CONSEC-
UTIVELY.
  4. TEN PERCENT OF THE APPROPRIATIONS MADE TO THE DIVISION OF THE BUDG-
ET SHALL BE AVAILABLE TO PAY FOR THE EXPENSES OF THE INDEPENDENT  BUDGET
OFFICE  DURING  EACH  FISCAL  YEAR BEGINNING WITH THE FIRST DAY OF APRIL

S. 4005--B                          4

AFTER THIS SECTION SHALL HAVE BECOME A LAW. THE DIRECTOR  OF  THE  INDE-
PENDENT  BUDGET  OFFICE  SHALL  APPOINT  SUCH  PERSONNEL AND PROCURE THE
SERVICES OF SUCH EXPERTS  AND  CONSULTANTS,  WITHIN  THE  APPROPRIATIONS
AVAILABLE  THEREFOR,  AS MAY BE NECESSARY FOR SUCH DIRECTOR TO CARRY OUT
THE DUTIES AND FUNCTIONS  ASSIGNED  PURSUANT  TO  THIS  ARTICLE.    SUCH
PERSONNEL  AND  EXPERTS  SHALL PERFORM SUCH DUTIES AS MAY BE ASSIGNED TO
THEM BY THE DIRECTOR.
  5. THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE SHALL HAVE ACCESS  AT
ALL  REASONABLE  TIMES  TO  OFFICES  OF  STATE DEPARTMENTS, COMMISSIONS,
BOARDS, BUREAUS AND OFFICES, TO INSTITUTIONS AND TO ALL  STATE  AUTHORI-
TIES  AND  PUBLIC  WORKS  OF  THE STATE AND THEY MAY, FOR THE PURPOSE OF
OBTAINING INFORMATION AS TO THE METHOD OF OPERATION, GENERAL  CONDITION,
MANAGEMENT  AND  NEEDS  THEREOF,  EXAMINE  THE  BOOKS, PAPERS AND PUBLIC
RECORDS THEREIN. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  SUCH  STATE
DEPARTMENTS,  COMMISSIONS,  BOARDS,  BUREAUS, OFFICES, STATE AUTHORITIES
AND INSTITUTIONS SHALL,  THROUGH  THEIR  PROPER  OFFICERS  OR  DEPUTIES,
FURNISH  TO  THE DIRECTOR SUCH DATA, INFORMATION OR STATEMENTS AS MAY BE
NECESSARY FOR THE PROPER EXERCISE OF HIS OR HER POWERS  AND  DUTIES  AND
FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF THIS ARTICLE.
  6.    THE INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE SHALL DETERMINE
THE SALARY OF THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE.
  S 2. This act shall take effect immediately.

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