senate Bill S6795

2013-2014 Legislative Session

Establishes the amateur martial arts commission

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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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Mar 11, 2014 referred to crime victims, crime and correction

S6795 - Bill Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §4, Chap 912 of 1920; rel §168-w to be §168-x, add §168-w, Cor L

S6795 - Bill Texts

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Establishes the amateur martial arts commission; requires the advisory commission to promulgate rules and regulations for amateur martial arts instructors, schools and training and competitions and prohibits the employment of sex offenders.

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BILL NUMBER:S6795

TITLE OF BILL: An act to amend chapter 912 of the laws of 1920,
relating to the regulation of boxing, sparring and wrestling, in
relation to requiring the state amateur martial arts advisory
commission to promulgate rules and regulations for amateur martial
arts training and competitions; and to amend the correction law, in
relation to prohibiting the employment of sex offenders in certain
positions

PURPOSE: To establish an amateur martial arts advisory commission in
New York State to promulgate rules and regulations, setting standards
for all schools, instructors, training events and competitions in the
state, and to prohibit sex offenders from working in positions with
substantial contact with children.

SUMMARY OF PROVISIONS: Section one amends the chapter 912 laws of 1920
by adding a new subdivision 5-a to establish the Amateur Martial Arts
Advisory Commission and the requirements of the chairman of the
commission and states that:

* the advisory commission shall consist of seven members; three
appointed by the Governor, two appointed by the Senate, and two
appointed by the Assembly. The Chair shall be appointed by the
Governor or his appointees. The length of a term shall be four years,

* it authorizes the commission to promulgate rules and regulations,
setting standards for all schools, instructors, training events and
competitions in the state,

* "amateur martial arts" is defined as a non-professional combative
sport competition wherein the rules set forth by the advisory
commission authorize non-professional combative sport matches between
single discipline and various fighting disciplines, including the
utilization of permitted amateur martial arts techniques including
striking, kicking and grappling,

* "single discipline martial arts" is defined as any school,
institution, gym and training facility that conducts lessons and
instructs nonprofessional athletes and those that conduct or hold
matches, tournaments or exhibitions that are considered amateur events
for non-professionals.

Section two amends sections 16B-w of the correction law, as relettered
by chapter 604 of the laws of 2005, is relettered section 168-x and a
new section 162-w stating:

* sex offenders shall not be employed in a position involving
substantial contact with children,

* positions include but are not limited to teachers, teacher-aids,
administrators, assistants, cafeteria workers, janitors, nurses,
childcare facility positions, recreational positions such as a coach,
martial arts instructor, boy scout or girl scout leader, camp
counselor, lifeguard, instructor, positions in a park, playground,
amusement park, pool, gymnasium, sports or fitness center, martial


arts training facility, or at a store such as toy, store or children's
theme restaurant,

* employers, organizations and government entities shall has access to
a statewide central registry of child abuse and maltreatment for the
purpose of performing background checks,

* employers, organizations and government entities seeking to fulfill
a position with substantial contact, with children are required to
check both the child abuse and maltreatment registry and the sex
offender registry,

* any sex offender who applies for or accepts employment in violation
of this shall be guilty of a class A misdemeanor for first conviction,
and a class C felony for any additional convictions.

JUSTIFICATION: Amateur Martial Arts serves the children of NYS by
promoting the sport & practice of martial arts, the codes of safety in
sport and practice, the moral, mental, physical, and social well being
of members, as well as the promotion of charity. The creation of the
amateur martial arts advisory committee will ensure adequate
regulations and standards for the practice of the sport to ensure the
health and safety of youth athletes. The commission will consist of
trained martial arts professionals, medical and emergency health care
professionals, sports education experts, and school administration
professionals, all working to create a positive environment through
the maintenance of training logs, injury logs, and insurance coverage
protection. Combined these individuals will create a well rounded
board to guarantee a respectable sport.

Furthermore, this legislation will work to protect the children of NYS
by defining positions of employment (paid or unpaid), volunteer work,
or permits and permissions that would yield substantial contact with
children by prohibiting the employment of sex offenders in such
positions. Although the sex offender registry is a great step in
aiding public protection, additional restrictions need to be placed on
sex offenders for positions including, but not limited to coaches,
trainers, and lifeguards. Any offender that violates the provisions
would be convicted of a class A misdemeanor for the first conviction
and a class C felony for any additional convictions.

LEGISLATIVE HISTORY: New Legislation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately, provided
however, that section two of this act shall take effect on the first
of November next succeeding the date on which it shall become a law,
provided further that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized and
directed to be made and completed on or before such effective date.

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

                                  6795

                            I N  S E N A T E

                             March 11, 2014
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to amend chapter 912 of the laws of 1920, relating to the regu-
  lation of boxing, sparring and wrestling, in relation to requiring the
  state amateur martial arts advisory commission to promulgate rules and
  regulations for amateur martial arts training and competitions; and to
  amend the correction law, in relation to prohibiting the employment of
  sex offenders in certain positions

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

  Section  1.  Section  4 of chapter 912 of the laws of 1920 relating to
the regulation of boxing, sparring and wrestling, is amended by adding a
new subdivision 5-a to read as follows:
  5-A.   (A) THERE IS HEREBY CREATED IN  THE  DEPARTMENT  OF  STATE  THE
AMATEUR MARTIAL ARTS ADVISORY COMMISSION.  THE ADVISORY COMMISSION SHALL
CONSIST OF SEVEN MEMBERS TO BE APPOINTED AS FOLLOWS: THREE MEMBERS TO BE
APPOINTED  BY  THE  GOVERNOR; TWO MEMBERS TO BE APPOINTED BY THE SENATE;
AND TWO MEMBERS TO BE APPOINTED BY THE ASSEMBLY. A CHAIR OF THE  COMMIS-
SION  SHALL  BE APPOINTED BY THE GOVERNOR FROM AMONG HIS OR HER APPOINT-
EES. THE LENGTH OF THE TERMS OF SUCH MEMBERS SHALL BE FOUR YEARS. VACAN-
CIES SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENTS.
  (B) (I) THE CHAIRMAN SHALL HAVE:
  (A) A MASTER'S DEGREE FROM AN ACCREDITED UNIVERSITY  IN  EDUCATION  OR
BUSINESS;
  (B) AT LEAST TEN YEARS EXPERIENCE AS A MARTIAL ARTIST CERTIFIED AT THE
BLACK BELT LEVEL;
  (C) AT LEAST FIVE YEARS PRIOR EXPERIENCE OFFICIATING AS A JUDGE AND/OR
REFEREE IN COMBATIVE SPORTS;
  (D)  PRIOR  EXPERIENCE IN THE MEDICAL FIELD; EMERGENCY MEDICINE, FIRST
RESPONDER, SPORTS MEDICINE PREFERRED;
  (E) A BACKGROUND IN  BUSINESS  DEVELOPMENT,  HUMAN  RESOURCES,  PUBLIC
RELATIONS AND/OR COMMUNICATIONS CURRICULUM AND INSTRUCTION DESIRED;
  (F) PAST BOARD MEMBER EXPERIENCE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05652-04-4

S. 6795                             2

  (G) KNOWLEDGE OF LEGISLATIVE PROCESS;
  (H)  FAMILIARITY WITH OTHER STATES' RULES AND LAWS GOVERNING COMBATIVE
SPORTS;
  (I) EXPERIENCE WITH PROMULGATING RULES FOR COMBATIVE SPORTS; AND
  (J) KNOWLEDGE OF THE MARTIAL  ARTS  INDUSTRY  AND  COMMUNITY  IN  THIS
STATE.
  (II) ONE MEMBER SHALL BE A DOCTOR OF OSTEOPATHIC MEDICINE OR A MEDICAL
DOCTOR  LICENSED  TO  PRACTICE  IN  THIS  STATE  PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-ONE OF THE EDUCATION  LAW,  IN  GOOD  STANDING,  WHO  HAS
COMPLETED  RESIDENCY  TRAINING AND HAS AT LEAST FIVE YEARS EXPERIENCE IN
SPORTS MEDICINE OR WORKING WITH  A  SPORTS  TEAM,  POST-CONCUSSION  HEAD
INJURY, NEUROLOGY, NEURO-ONCOLOGY AND/OR NEURO AND SPINAL SURGERY;
  (III)  ONE  MEMBER SHALL HAVE A JURIS DOCTOR DEGREE FROM AN ACCREDITED
LAW SCHOOL, ADMITTED TO THE NEW YORK STATE BAR IN  GOOD  STANDING,  WITH
LITIGATION EXPERIENCE AND KNOWLEDGE OF SPORTS LAW AND NEGLIGENCE;
  (IV)  ONE  MEMBER  SHALL  HAVE  A  DOCTOR  OF EDUCATION DEGREE FROM AN
ACCREDITED UNIVERSITY WHO IS A CERTIFIED SCHOOL DISTRICT ADMINISTRATOR;
  (V) ONE MEMBER SHALL HAVE A MASTER'S DEGREE IN PHYSICAL  EDUCATION  OR
OTHER  SPORTS  RELATED FIELD AND WHO IS A CERTIFIED COACH OR OTHER OFFI-
CIAL IN GOOD STANDING WITH SEVEN YEARS EXPERIENCE IN CONTACT SPORTS; AND
  (VI) TWO MEMBERS SHALL BE MARTIAL ARTISTS,  CERTIFIED  AS  BLACK  BELT
INSTRUCTORS  WITH  A  RANK  OF  AT  LEAST FOURTH DEGREE, WITH BACHELOR'S
DEGREES FROM AN ACCREDITED SCHOOL OR UNIVERSITY RECOGNIZED  BY  THE  NEW
YORK STATE DEPARTMENT OF EDUCATION.
  (C)  THE  ADVISORY  COMMISSION  IS  HEREBY  AUTHORIZED AND DIRECTED TO
PROMULGATE RULES AND REGULATIONS SETTING STANDARDS, CRITERIA AND UNIFORM
PRACTICES FOR TRAINING FACILITIES FOR ALL FORMS OF AMATEUR MARTIAL  ARTS
AND ORGANIZED AMATEUR MARTIAL ART EVENTS AND COMPETITIONS IN THIS STATE.
SUCH RULES AND REGULATIONS SHALL PROVIDE FOR THE FOLLOWING:
  (I)  A  PARTICIPANT  LOG  COMMONLY KNOWN AS A PASSBOOK, WHICH SHALL BE
USED BY PARTICIPANTS, TRAINING FACILITIES AND LOCATIONS HOLDING  AMATEUR
MARTIAL  ARTS  EVENTS  AND COMPETITIONS; SUCH A LOG WILL BE KEPT FOR THE
SOLE PURPOSE OF RECORDING AND TRACKING THE MATCH OUTCOMES, AND  INJURIES
SUSTAINED  BY  EACH  AMATEUR  MARTIAL ART COMPETITOR PARTICIPATING IN AN
ORGANIZED AMATEUR MARTIAL ART NON-PROFESSIONAL COMBATIVE SPORT  COMPETI-
TION. ALL INJURIES MUST BE RECORDED AND REPORTED TO THE ADVISORY COMMIS-
SION.  FAILURE  TO KEEP RECORDS IN SUCH LOG OR KNOWINGLY PROVIDING FALSE
INFORMATION OR CONCEALING FOR THE  PURPOSE  OF  MISLEADING,  INFORMATION
CONCERNING  ANY  FACT  MATERIAL THERETO WILL SUBJECT ANY OFFENDING PARTY
INCLUDING BUT NOT LIMITED TO: INSTRUCTOR, PROMOTER, SCHOOL, GYM, FITNESS
FACILITY, CLUB, MANAGER OR PARTICIPANT TO A CIVIL PENALTY OF  ONE  THOU-
SAND  DOLLARS PER VIOLATION AND POSSIBLE SUSPENSION AND/OR REVOCATION OF
ALL APPLICABLE ASSOCIATED CERTIFICATION AND/OR LICENSES;
  (II) THE AMOUNT OF LIABILITY INSURANCE COVERAGE DEEMED  NECESSARY  FOR
EACH  TRAINING  FACILITY WHERE AMATEUR MARTIAL ARTS ARE PRACTICED. VALID
PROOF OF INSURANCE MUST BE SENT TO THE  COMMISSIONER  FOR  VERIFICATION.
FAILURE  TO SUBMIT VALID PROOF OF INSURANCE OR KNOWINGLY PROVIDING FALSE
INFORMATION OR CONCEALING FOR THE  PURPOSE  OF  MISLEADING,  INFORMATION
CONCERNING  ANY FACT MATERIAL THERETO WILL RESULT IN ANY OFFENDING PARTY
INCLUDING BUT NOT LIMITED TO: INSTRUCTOR, PROMOTER, SCHOOL, GYM, FITNESS
FACILITY, CLUB, MANAGER OR PROPERTY MANAGER TO A CIVIL  PENALTY  OF  ONE
THOUSAND DOLLARS PER VIOLATION AND SUSPENSION AND POSSIBLE REVOCATION OF
ALL APPLICABLE ASSOCIATED CERTIFICATIONS AND LICENSES;
  (III)  ANY  INDIVIDUAL,  GROUP, SCHOOL, GYM, FITNESS FACILITY, CLUB OR
PROMOTER HOSTING OR WHICH INTENDS TO HOST AN ORGANIZED  AMATEUR  MARTIAL
ARTS  EVENT  OR COMPETITION SHALL SUBMIT VALID PROOF OF LIABILITY INSUR-

S. 6795                             3

ANCE FOR THE ORGANIZED  EVENT  OR  COMPETITION  TO  THE  COMMISSION  FOR
VERIFICATION  WITHIN  NO  LESS  THAN  ONE  WEEK OF A SCHEDULED ORGANIZED
AMATEUR MARTIAL ARTS EVENT OR COMPETITION. FAILURE TO SUBMIT VALID PROOF
OF  INSURANCE OR KNOWINGLY PROVIDING FALSE INFORMATION OR CONCEALING FOR
THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THER-
ETO WILL RESULT IN ANY OFFENDING PARTY INCLUDING  BUT  NOT  LIMITED  TO:
INSTRUCTOR,  PROMOTER,  SCHOOL,  GYM,  FITNESS  FACILITY,  CLUB, MANAGER
AND/OR PARTICIPANT TO A CIVIL  PENALTY  OF  FIVE  THOUSAND  DOLLARS  PER
VIOLATION AND SUSPENSION AND POSSIBLE REVOCATION OF ALL APPLICABLE ASSO-
CIATED CERTIFICATIONS AND LICENSES;
  (IV)  STANDARDS  FOR CONDUCT IN NON-PROFESSIONAL MARTIAL ARTS TRAINING
AND LOCATIONS HOLDING EVENTS AND COMPETITIONS;
  (V) LICENSE FOR ALL AMATEUR MARTIAL ARTS COMPETITORS;
  (VI) ESTABLISH APPLICABLE BACKGROUND CHECKS, CERTIFICATION AND  REGIS-
TRATION FEES, AND PENALTIES FOR VIOLATIONS;
  (VII) ESTABLISH APPLICATION PROCESS AND TRAINING FOR SCHOOLS, INSTRUC-
TORS, OFFICIALS, PARTICIPANTS, MANAGERS AND OTHER ANCILLARY PERSONNEL;
  (VIII)  ESTABLISH  APPLICABLE  CERTIFICATION  AND  LICENSING  FEES FOR
SCHOOLS, INSTRUCTORS, OFFICIALS, PARTICIPANTS, MANAGERS AND OTHER ANCIL-
LARY PERSONNEL; AND
  (IX) ESTABLISH FINES AND PENALTIES FOR VIOLATIONS OF  THE  ESTABLISHED
RULES AND REGULATIONS.
  (D)  FOR  PURPOSES  OF  THIS SECTION: (I) "AMATEUR MARTIAL ARTS" SHALL
MEAN NON-PROFESSIONAL COMBATIVE SPORT COMPETITION WHEREIN THE RULES  SET
FORTH  BY  THE  ADVISORY COMMISSION AUTHORIZE NON-PROFESSIONAL COMBATIVE
SPORT MATCHES BETWEEN SINGLE  DISCIPLINE  AND  VARIOUS  FIGHTING  DISCI-
PLINES,  INCLUDING  DISCIPLINES  THAT  UTILIZE PERMITTED AMATEUR MARTIAL
ARTS TECHNIQUES INCLUDING, STRIKING, KICKING, AND GRAPPLING; AND
  (II) "SINGLE DISCIPLINE MARTIAL ARTS" SHALL MEAN ANY SCHOOL,  INSTITU-
TION,  GYM,  CLUB  AND/OR  TRAINING  FACILITY  THAT CONDUCTS LESSONS AND
INSTRUCTS NON-PROFESSIONAL ATHLETES  AND  THOSE  THAT  CONDUCT  OR  HOLD
MATCHES,  TOURNAMENTS  OR EXHIBITIONS THAT ARE CONSIDERED AMATEUR EVENTS
FOR NON-PROFESSIONALS.
  S 2. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is relettered section 168-x and a new section 168-w
is added to read as follows:
  S 168-W. SEX OFFENDERS SHALL NOT BE EMPLOYED IN A  POSITION  INVOLVING
SUBSTANTIAL CONTACT WITH CHILDREN. 1. NO SEX OFFENDER SHALL APPLY FOR OR
ACCEPT A POSITION WHICH INVOLVES SUBSTANTIAL CONTACT WITH CHILDREN. SUCH
POSITION SHALL INCLUDE ANY JOB, TASK OR OCCUPATION WHICH, BY ITS NATURE,
REQUIRES  A  PERSON  TO  BE  IN SUBSTANTIAL CONTACT WITH CHILDREN IN THE
REGULAR PERFORMANCE OF HIS OR HER DUTIES OR DEALINGS IN  SUCH  POSITION.
THIS  SECTION SHALL ALSO APPLY TO ANY PERSON SEEKING A PERMIT OR PERMIS-
SION TO EXECUTE ANY ACTIVITY OR PERFORMANCE THAT WOULD PRESENT A  DIRECT
CONTACT WITH CHILDREN.
  2.  THE  DEFINITION OF "POSITION" AS USED IN THIS SECTION, SHALL APPLY
TO ANY PERSON SEEKING EMPLOYMENT EITHER PAID OR UNPAID, ANY PERSON SEEK-
ING TO VOLUNTEER, OR ANY PERSON SEEKING  A  PERMIT  OR  PERMISSION  THAT
WOULD PRESENT A SUBSTANTIAL CONTACT WITH CHILDREN.
  3. EXAMPLES OF SUCH EMPLOYMENT SHALL INCLUDE, BUT SHALL NOT BE LIMITED
TO:
  (A) ANY POSITION IN A SCHOOL INCLUDING TEACHERS, TEACHER-AIDES, ADMIN-
ISTRATORS,  ASSISTANTS, CAFETERIA WORKERS, JANITORS, NURSES OR ANY OTHER
PERSON WORKING IN A SCHOOL THAT WOULD HAVE  CONTACT  WITH  THE  CHILDREN
ATTENDING SAID SCHOOL;
  (B) ANY POSITION IN A CHILD-CARE FACILITY;

S. 6795                             4

  (C)  ANY  RECREATIONAL POSITION SUCH AS A COACH, MARTIAL ARTS INSTRUC-
TOR, BOY SCOUT OR GIRL SCOUT LEADER, CAMP COUNSELOR, LIFEGUARD, INSTRUC-
TOR OR ANY OTHER RECREATIONAL AREA  THAT  WOULD  PRESENT  A  SUBSTANTIAL
CONTACT WITH CHILDREN;
  (D) ANY POSITION IN A PARK, PLAYGROUND, AMUSEMENT PARK, POOL, GYMNASI-
UM,  SPORTS  OR  FITNESS  CENTER,  MARTIAL ARTS TRAINING FACILITY OR ANY
OTHER FACILITY, COMPETITION CENTER OR AREA WHERE CHILDREN HAVE A PROPEN-
SITY TO INHABIT;
  (E) ANY STORE OR RESTAURANT  THAT  IS  SPECIFICALLY  TARGETED  TOWARDS
CHILDREN SUCH AS A TOY STORE OR CHILDREN'S THEME RESTAURANT;
  (F)  ANY  POSITION  WHEREIN A PERSON WOULD BE EMPLOYED IN AN AREA THAT
SPECIFICALLY IS TARGETED TOWARDS CHILDREN INCLUDING BUT NOT  LIMITED  TO
AN ICE CREAM TRUCK OPERATOR;
  (G)  ANY  PERSON  APPLYING FOR A PERMIT OR PERMISSION THAT WOULD GRANT
SAID PERSON THE ABILITY TO CARRY OUT ANY  ACTIVITY  OR  ACTION  THAT  IS
DIRECTED TOWARDS OR WOULD INVOLVE SUBSTANTIAL CONTACT WITH CHILDREN.
  4.  EMPLOYERS, ORGANIZATIONS AND GOVERNMENT ENTITIES SHALL HAVE ACCESS
TO THE STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE  AND  MALTREATMENT  FOR
THE  PURPOSE  OF  PERFORMING  A  BACKGROUND CHECK FOR ANY CONVICTIONS OF
SEXUAL ABUSE OF A CHILD. EVERY  EMPLOYER,  ORGANIZATION  AND  GOVERNMENT
ENTITY  SHALL CHECK ANY POTENTIAL EMPLOYEES SEEKING TO ASSUME A POSITION
THAT WILL BE IN SUBSTANTIAL  CONTACT  WITH  CHILDREN  AGAINST  BOTH  THE
STATEWIDE  CENTRAL  REGISTRY  OF  CHILD  ABUSE  AND MALTREATMENT AND THE
REGISTERED SEX OFFENDERS DATABASE TO ASCERTAIN  IF  SAID  PERSON  HAS  A
CONVICTION FOR SEXUAL ABUSE OF A CHILD.
  5.  "SUBSTANTIAL  CONTACT WITH CHILDREN" AS USED IN THIS SECTION MEANS
WORKING WITH CHILDREN, HAVING ACCESS TO CHILDREN, HAVING OPPORTUNITY  TO
BE  ALONE  WITH  CHILDREN,  SPENDING  TIME WITH CHILDREN, PERFORMING FOR
CHILDREN OR ANY OTHER ACTIVITY THAT INVOLVES CHILDREN.
  6. (A) ANY SEX OFFENDER WHO  APPLIES  FOR  OR  ACCEPTS  EMPLOYMENT  IN
VIOLATION  OF THIS SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR UPON
THE FIRST CONVICTION THEREOF, AND UPON A SECOND OR SUBSEQUENT CONVICTION
THEREOF SHALL BE GUILTY OF A CLASS D FELONY.
  (B) ANY EMPLOYER WHO KNOWINGLY EMPLOYS A SEX OFFENDER IN VIOLATION  OF
THIS SECTION SHALL, UPON CONVICTION, BE GUILTY OF A CLASS A MISDEMEANOR.
  S  3.  This  act shall take effect immediately, provided however, that
section two of this act shall take effect on the first of November  next
succeeding  the  date  on  which  it  shall  have become a law, provided
further that  effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date is authorized and directed to be made and
completed on or before such effective date.

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