senate Bill S4474

2011-2012 Legislative Session

Extends benefits of the variable supplements to New York city police, firefighters, housing police, transit police, correction officers and registered domestic partn

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to cities
Apr 06, 2011 referred to cities

S4474 - Bill Details

See Assembly Version of this Bill:
A5322
Current Committee:
Senate Cities
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§13-271, 13-281, 13-385, 13-395, 13-191, 13-192 & 13-194, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S614A, A8344A

S4474 - Bill Texts

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Extends the benefits of the variable supplements fund to all New York city police officers, firefighters, housing police, transit police, correction officers and registered domestic partners.

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BILL NUMBER:S4474

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, in relation to
extending the benefits of the variable supplements fund to all New York
city police officers, firefighters, housing police, transit police,
correction officers and registered domestic partners

PURPOSE:
To extend the benefits of the variable supplements fund to
all New York city police officers, firefighters, housing police,
transit police, correction officers and their registered domestic
partners.

SUMMARY OF PROVISIONS:
This legislation adds subdivision (f) to §§ 13-271 and 13-281 of the
Administrative Code of the City of New York which would add all
police officers who are ineligible for the variable supplements fund.
This includes all disabled and vested New York City police officers
and line of duty widows and widowers, and registered domestic
partners, who vested in a retirement system prior to the effective
date of this subdivision.

The Administrative Code of the City of New York is amended by adding a
new subdivision (h) to § 13-385 and subdivision (f) to § 13-395 to
add all firefighters who are ineligible for the variable supplement
fund. This includes all disabled and vested New York City
firefighters and line of duty widows and widowers, and registered
domestic partners, who vested in a retirement system prior to the
effective date of this subdivision.

The Administrative Code of the City of New York is amended by adding
a new paragraph (i) to subdivision 4 of § 13-191 and a new paragraph
(h) to subdivision 4 of § 13192 to add all transit police officers
who are ineligible for the variable supplement fund. This includes
all disabled and vested New York City transit police officers and
line of duty widows and widowers, and registered domes tic partners,
who vested in a retirement system prior to the effective date of this
subdivision.

The Administrative Code of the City of New York is amended by adding a
new paragraph (I) to subdivision 4 of § 13-191 and a new paragraph
(h) to subdivision 4 of § 113-192 to add all housing police officers
who are ineligible for the variable supplement fund. This includes
all disabled and vested New York City housing police officers and
line of duty widows and widowers, and registered domestic partners,
who vested in a retirement system prior to the effective date of this
subdivision.

This legislation adds subdivision (f) to §§ 13-271 and 13-281 of the
Administrative Code of the City of New York which would add all
correction officer members who are ineligible for the variable
supplements fund. This includes all disabled and vested New York City
corrections
officers and line of duty widows and widowers, and registered domestic


partners, who vested in a retirement system prior to the effective
date of this subdivision.

JUSTIFICATION:
The current variable supplement fund is only available
to those officers who retire after 20 years of service. Anyone who
retired with a disability pension has been excluded. All retirees
should be treated equally, therefore this bill would provide the
variable supplement benefit to all retired police officers,
firefighters, housing police, transit police and registered domestic
partners from the effective date into the future. Former members of
the NYC Housing and Transit Police that retired for service after
June 30, 1987 presently receive a supplemental benefit from the
Variable Supplements Fund (hereinafter referred to as the "VSF"). The
VSF was enacted into law as a result of a fact-finders award in 1970
and was granted to members of the NYC Police and Fire pension funds
that retired for service after October 1, 1968.

In the mid-1960s members of the Housing and Transit Police were
granted and given pay and retirement benefit parity. However, the VSF
was not bestowed upon similarly situated members of those two
departments until legislation was enacted effective after June 30,
1987, As a matter of equity and fairness, the VSF should be granted
to all members of the Housing and Transit Police that retired for
service subsequent to October 1, 1968.

LEGISLATIVE HISTORY:
2010: S.614A - Referred to Civil Service / A.8344A - Referred to
Governmental Employees.
2009: S.614 - Referred to Civil Service / A.8344 - Referred to
Governmental Employees.
2008: S.5711 - Referred to Civil Service / A.11345 - Referred to
Governmental Employees.
2007: S.5711 - Referred to Civil Service.
2006: S.3434 - Referred to Civil Service / A.6S99 - Referred to
Governmental Employees.
2005: S.3434 - Referred to Civil Service / A.6599 - Referred to
Governmental Employees.
2004: S.2234 - Referred to Civil Service / A.1349 - Referred to
Governmental Employees.
2003: S.2234 - Referred to Civil Service / A.1349 - Referred to
Governmental Employees.
2002: S.7395 - Referred to Rules.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4474

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to extending the benefits of the variable supplements fund to
  all New York city police officers, firefighters, housing police, tran-
  sit police, correction officers and registered domestic partners

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

  Section 1. Section 13-271 of the administrative code of  the  city  of
New York is amended by adding a new subdivision f to read as follows:
  F.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SUBCHAPTER SHALL APPLY TO ALL POLICE OFFICERS WHO, PRIOR TO  THE  EFFEC-
TIVE  DATE  OF  THIS  SUBDIVISION,  WERE INELIGIBLE FOR THE BENEFITS SET
FORTH IN THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW  YORK  CITY  POLICE
OFFICERS, LINE OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS
AND  ALL  OTHER  NEW YORK CITY POLICE OFFICERS WHO RECEIVE BENEFITS FROM
THE NEW YORK CITY POLICE PENSION FUND.   ALL SUCH POLICE  OFFICER  RETI-
REES,  WIDOWS  AND  WIDOWERS  AND  REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
THIS  SUBCHAPTER  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I)
OF PARAGRAPH SEVEN OF SUBDIVISION A OF THIS SECTION FROM  THE  EFFECTIVE
DATE  OF  THIS SUBDIVISION.   HOWEVER, NOTHING IN THIS SUBDIVISION SHALL
SERVE TO CAUSE A REDUCTION IN THE VARIABLE  SUPPLEMENT  PAYMENT  TO  ANY
POLICE  OFFICER  OR  THEIR  BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 2. Section 13-281 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
  F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
SUBCHAPTER  SHALL  APPLY TO ALL POLICE OFFICERS WHO, PRIOR TO THE EFFEC-
TIVE DATE OF THIS SUBDIVISION, WERE  INELIGIBLE  FOR  THE  BENEFITS  SET
FORTH  IN  THIS  SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY POLICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03072-01-1

S. 4474                             2

OFFICERS, LINE OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS
AND ALL OTHER RETIRED NEW YORK CITY POLICE OFFICERS WHO RECEIVE BENEFITS
FROM THE NEW YORK CITY POLICE PENSION FUND.   ALL  SUCH  RETIRED  POLICE
OFFICERS,  WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
THIS  SUBCHAPTER  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I)
OF PARAGRAPH TWO OF SUBDIVISION A OF THIS  SECTION  FROM  THE  EFFECTIVE
DATE  OF  THIS SUBDIVISION.   HOWEVER, NOTHING IN THIS SUBDIVISION SHALL
SERVE TO CAUSE A REDUCTION IN THE VARIABLE  SUPPLEMENT  PAYMENT  TO  ANY
POLICE  OFFICER  OR  THEIR  BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 3. Section 13-385 of the administrative code of the city of New York
is amended by adding a new subdivision i to read as follows:
  I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
SUBCHAPTER  SHALL  APPLY TO ALL FIREFIGHTERS WHO, PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET FORTH  IN
THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY FIREFIGHTERS, LINE
OF  DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER
RETIRED FIREFIGHTERS WHO RECEIVE BENEFITS FROM THE NEW YORK FIRE DEPART-
MENT PENSION FUND.  ALL SUCH FIREFIGHTERS, WIDOWS AND  WIDOWERS,  REGIS-
TERED  DOMESTIC  PARTNERS  AND RETIREES SHALL BE ELIGIBLE AND ARE HEREBY
GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN THIS SUBCHAPTER PURSUANT TO
THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH TEN OF  SUBDIVI-
SION  A  OF  THIS  SECTION  FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.
HOWEVER, NOTHING IN THIS SUBDIVISION SHALL SERVE TO CAUSE A REDUCTION IN
THE VARIABLE SUPPLEMENT PAYMENT TO ANY FIREFIGHTER OR THEIR  BENEFICIARY
WHO  WAS  ELIGIBLE  FOR  THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS
SUBDIVISION.
  S 4. Section 13-395 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
  F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
SUBCHAPTER  SHALL  APPLY TO ALL FIREFIGHTERS WHO, PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET FORTH  IN
THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY FIREFIGHTERS, LINE
OF  DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER
FIREFIGHTERS WHO RECEIVE A BENEFIT FROM THE  NEW  YORK  FIRE  DEPARTMENT
PENSION  FUND.    ALL SUCH FIREFIGHTERS, WIDOWS AND WIDOWERS, REGISTERED
DOMESTIC PARTNERS AND RETIREES SHALL BE ELIGIBLE AND ARE HEREBY  GRANTED
ALL  RIGHTS  AND  BENEFITS  SET FORTH IN THIS SUBCHAPTER PURSUANT TO THE
SCHEDULE SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION A
OF THIS SECTION FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.    HOWEVER,
NOTHING  IN  THIS  SUBDIVISION  SHALL  SERVE TO CAUSE A REDUCTION IN THE
VARIABLE SUPPLEMENT PAYMENT TO ANY FIREFIGHTER OR THEIR BENEFICIARY  WHO
WAS  ELIGIBLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
VISION.
  S 5. Subdivision 4 of section 13-191 of the administrative code of the
city of New York, as added by chapter  844  of  the  laws  of  1987,  is
amended by adding a new paragraph (i) to read as follows:
  (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL TRANSIT POLICE MEMBERS WHO RETIRED AS TRANSIT
POLICE  OFFICERS,  WHO,  PRIOR  TO THE EFFECTIVE DATE OF THIS PARAGRAPH,
WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN  THIS  SECTION,  INCLUDING
ALL  DISABLED  TRANSIT POLICE MEMBERS, LINE OF DUTY WIDOWS AND WIDOWERS,
REGISTERED DOMESTIC PARTNERS AND ALL OTHER TRANSIT  POLICE  MEMBERS  WHO
RETIRED AS TRANSIT POLICE OFFICERS AND WHO RECEIVE BENEFITS FROM THE NEW
YORK  CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH TRANSIT POLICE OFFICER

S. 4474                             3

RETIREES, WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL  BE
ELIGIBLE  AND  ARE  HEREBY  GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN
THIS SECTION PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH  ONE  OF
PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF THIS PARA-
GRAPH.  HOWEVER,  NOTHING  IN  THIS  PARAGRAPH  SHALL  SERVE  TO CAUSE A
REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY TRANSIT POLICE OFFI-
CER OR THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR  TO  THE
EFFECTIVE DATE OF THIS PARAGRAPH.
  S 6. Subdivision 4 of section 13-191 of the administrative code of the
city  of  New  York,  as  added  by  chapter 846 of the laws of 1987, is
amended by adding a new paragraph (i) to read as follows:
  (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL HOUSING POLICE MEMBERS WHO RETIRED AS HOUSING
POLICE OFFICERS, WHO, PRIOR TO THE EFFECTIVE  DATE  OF  THIS  PARAGRAPH,
WERE  INELIGIBLE  FOR  THE BENEFITS SET FORTH IN THIS SECTION, INCLUDING
ALL DISABLED HOUSING POLICE MEMBERS, LINE OF DUTY WIDOWS  AND  WIDOWERS,
REGISTERED  DOMESTIC  PARTNERS  AND ALL OTHER HOUSING POLICE MEMBERS WHO
RETIRED AS HOUSING POLICE OFFICERS AND WHO RECEIVE BENEFITS FROM THE NEW
YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH HOUSING POLICE  OFFICER
RETIREES,  WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
THIS  SECTION  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH ONE OF
PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF THIS PARA-
GRAPH. HOWEVER, NOTHING  IN  THIS  PARAGRAPH  SHALL  SERVE  TO  CAUSE  A
REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY HOUSING POLICE OFFI-
CER  OR  THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH.
  S 7. Subdivision 4 of section 13-192 of the administrative code of the
city of New York, as added by chapter  844  of  the  laws  of  1987,  is
amended by adding a new paragraph (h) to read as follows:
  (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL TRANSIT POLICE MEMBERS WHO RETIRED AS TRANSIT
POLICE SUPERIOR OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH,  WERE  INELIGIBLE  FOR  THE  BENEFITS  SET FORTH IN THIS SECTION,
INCLUDING ALL DISABLED TRANSIT POLICE MEMBERS, LINE OF DUTY  WIDOWS  AND
WIDOWERS,  REGISTERED  DOMESTIC  PARTNERS  AND  ALL OTHER TRANSIT POLICE
MEMBERS WHO RETIRED AS TRANSIT POLICE SUPERIOR OFFICERS AND WHO  RECEIVE
BENEFITS  FROM  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH
TRANSIT POLICE SUPERIOR OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGIS-
TERED DOMESTIC PARTNERS SHALL BE ELIGIBLE AND  ARE  HEREBY  GRANTED  ALL
RIGHTS  AND  BENEFITS SET FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE
SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM
THE EFFECTIVE DATE OF THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH
SHALL SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT  PAYMENT  TO
ANY  TRANSIT SUPERIOR POLICE OFFICER OR THEIR BENEFICIARY WHO WAS ELIGI-
BLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH.
  S 8. Subdivision 4 of section 13-192 of the administrative code of the
city of New York, as added by chapter  846  of  the  laws  of  1987,  is
amended by adding a new paragraph (h) to read as follows:
  (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL HOUSING POLICE MEMBERS WHO RETIRED AS HOUSING
POLICE SUPERIOR OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH,  WERE  INELIGIBLE  FOR  THE  BENEFITS  SET FORTH IN THIS SECTION,
INCLUDING ALL DISABLED HOUSING POLICE MEMBERS, LINE OF DUTY  WIDOWS  AND
WIDOWERS,  REGISTERED  DOMESTIC  PARTNERS  AND  ALL OTHER HOUSING POLICE
MEMBERS WHO RETIRED AS HOUSING POLICE SUPERIOR OFFICERS AND WHO  RECEIVE

S. 4474                             4

BENEFITS  FROM  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH
HOUSING POLICE SUPERIOR OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGIS-
TERED DOMESTIC PARTNERS SHALL BE ELIGIBLE AND  ARE  HEREBY  GRANTED  ALL
RIGHTS  AND  BENEFITS SET FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE
SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM
THE EFFECTIVE DATE OF THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH
SHALL SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT  PAYMENT  TO
ANY  HOUSING POLICE SUPERIOR OFFICER OR THEIR BENEFICIARY WHO WAS ELIGI-
BLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH.
  S 9. Subdivision 4 of section 13-194 of the administrative code of the
city of New York is amended by adding a new paragraph  (h)  to  read  as
follows:
  (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION  SHALL  APPLY  TO  ALL CORRECTION OFFICER MEMBERS WHO RETIRED AS
CORRECTION OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH,
WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN  THIS  SECTION,  INCLUDING
ALL  DISABLED CORRECTION OFFICER MEMBERS, LINE OF DUTY WIDOWS AND WIDOW-
ERS, REGISTERED DOMESTIC  PARTNERS  AND  ALL  OTHER  CORRECTION  OFFICER
MEMBERS WHO RETIRED AS CORRECTION OFFICERS AND WHO RECEIVE BENEFITS FROM
THE  NEW  YORK  CITY  EMPLOYEES'  RETIREMENT SYSTEM. ALL SUCH CORRECTION
OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGISTERED  DOMESTIC  PARTNERS
SHALL  BE  ELIGIBLE  AND  ARE HEREBY GRANTED ALL RIGHTS AND BENEFITS SET
FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH
ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM  THE  EFFECTIVE  DATE  OF
THIS  PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH SHALL SERVE TO CAUSE
A REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY CORRECTION OFFICER
OR THEIR BENEFICIARY WHO WAS ELIGIBLE  FOR  THE  BENEFIT  PRIOR  TO  THE
EFFECTIVE DATE OF THIS PARAGRAPH.
  S 10. This act shall take effect immediately.

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