S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6817--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 28, 2019
                                ___________
 
 Introduced  by  Sens.  RAMOS, JACKSON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted  to  the  Committee on Cities in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  to amend the general city law, in relation to the regulation of
   street vendors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  city law is amended by adding a new section
 18-e to read as follows:
   § 18-E. STREET VENDORS. 1. FOR  THE  PURPOSES  OF  THIS  SECTION,  THE
 FOLLOWING DEFINITIONS APPLY:
   A. "STREET VENDOR" MEANS A PERSON WHO SELLS FOOD OR MERCHANDISE FROM A
 FOOD  TRUCK,  PUSHCART,  STAND, DISPLAY, PEDAL-DRIVEN CART, WAGON, SHOW-
 CASE, RACK, OTHER NONMOTORIZED CONVEYANCE, OR FROM ONE'S PERSON, UPON  A
 PUBLIC STREET, SIDEWALK OR OTHER PEDESTRIAN PATH.
   B. "LOCAL LEGISLATIVE BODY" MEANS THE LEGISLATIVE BODY OF A CITY.
   2.  A.  A  LOCAL  LEGISLATIVE  BODY  SHALL NOT REGULATE STREET VENDORS
 EXCEPT IN ACCORDANCE WITH  SUBDIVISION  THREE,  FOUR  OR  FIVE  OF  THIS
 SECTION.
   B.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO AFFECT THE APPLICA-
 BILITY OF ANY LAWS, RULES, OR REGULATIONS PERTAINING TO FOOD SAFETY TO A
 STREET VENDOR WHO SELLS FOOD.
   C. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED  TO  REQUIRE  A  LOCAL
 LEGISLATIVE  BODY  TO  ADOPT A NEW PROGRAM TO REGULATE STREET VENDORS IF
 THE LOCAL LEGISLATIVE BODY HAS  ESTABLISHED  AN  EXISTING  PROGRAM  THAT
 SUBSTANTIALLY COMPLIES WITH THE REQUIREMENTS OF THIS SECTION.
   3.  A. A LOCAL LEGISLATIVE BODY MAY ADOPT A PROGRAM TO REGULATE STREET
 VENDORS IN COMPLIANCE WITH THIS SECTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13953-04-0
              

 S. 6817--A                          2
 
   B. A LOCAL LEGISLATIVE BODY'S STREET VENDING PROGRAM SHALL COMPLY WITH
 ALL OF THE FOLLOWING STANDARDS:
   (I)  A  LOCAL  LEGISLATIVE  BODY  SHALL NOT REQUIRE A STREET VENDOR TO
 OPERATE WITHIN SPECIFIC PARTS OF THE PUBLIC  RIGHT-OF-WAY,  EXCEPT  WHEN
 SUCH  RESTRICTION  IS  DIRECTLY  RELATED TO OBJECTIVE HEALTH, SAFETY, OR
 WELFARE CONCERNS.
   (II) (A) A LOCAL LEGISLATIVE BODY SHALL NOT PROHIBIT A  STREET  VENDOR
 FROM  SELLING  FOOD  OR  MERCHANDISE  IN A PARK OWNED OR OPERATED BY THE
 CITY, EXCEPT THE LOCAL LEGISLATIVE BODY MAY PROHIBIT  STATIONARY  STREET
 VENDORS  FROM  VENDING  IN THE PARK ONLY IF THE OPERATOR OF THE PARK HAS
 SIGNED AN AGREEMENT FOR CONCESSIONS THAT EXCLUSIVELY PERMITS THE SALE OF
 FOOD OR MERCHANDISE BY THE CONCESSIONAIRE.
   (B) NOTWITHSTANDING CLAUSE (A) OF THIS SUBPARAGRAPH, A LOCAL  LEGISLA-
 TIVE  BODY MAY ADOPT ADDITIONAL REQUIREMENTS REGULATING THE TIME, PLACE,
 AND MANNER OF STREET VENDING IN A PARK OWNED OR OPERATED BY THE CITY  IF
 THE REQUIREMENTS ARE ANY OF THE FOLLOWING:
   (1) DIRECTLY RELATED TO OBJECTIVE HEALTH, SAFETY, OR WELFARE CONCERNS;
   (2)  NECESSARY  TO  ENSURE  THE  PUBLIC'S USE AND ENJOYMENT OF NATURAL
 RESOURCES AND RECREATIONAL OPPORTUNITIES; OR
   (3) NECESSARY TO PREVENT AN UNDUE CONCENTRATION OF COMMERCIAL ACTIVITY
 THAT UNREASONABLY INTERFERES WITH THE SCENIC AND  NATURAL  CHARACTER  OF
 THE PARK.
   (III)  A  LOCAL  LEGISLATIVE BODY SHALL NOT REQUIRE A STREET VENDOR TO
 FIRST OBTAIN THE CONSENT OR APPROVAL OF ANY  NONGOVERNMENTAL  ENTITY  OR
 INDIVIDUAL BEFORE HE OR SHE CAN SELL FOOD OR MERCHANDISE.
   (IV) (A) A LOCAL LEGISLATIVE BODY SHALL NOT RESTRICT STREET VENDORS TO
 OPERATE  ONLY  IN  A  DESIGNATED  NEIGHBORHOOD OR AREA, EXCEPT WHEN THAT
 RESTRICTION IS DIRECTLY RELATED TO OBJECTIVE HEALTH, SAFETY, OR  WELFARE
 CONCERNS.
   (B)  NOTWITHSTANDING CLAUSE (A) OF THIS SUBPARAGRAPH, A LOCAL LEGISLA-
 TIVE BODY MAY NOT PROHIBIT STATIONARY OR ROAMING STREET VENDORS IN AREAS
 THAT ARE ZONED EXCLUSIVELY RESIDENTIAL.
   (V) A LOCAL LEGISLATIVE BODY SHALL NOT RESTRICT THE OVERALL NUMBER  OF
 STREET VENDORS PERMITTED TO OPERATE WITHIN THE JURISDICTION OF THE LOCAL
 LEGISLATIVE BODY.
   C.  A  LOCAL  LEGISLATIVE  BODY  MAY, BY LAW, ORDINANCE OR RESOLUTION,
 ADOPT ADDITIONAL REQUIREMENTS REGULATING THE TIME, PLACE, AND MANNER  OF
 STREET  VENDING  IF  THE  REQUIREMENTS ARE DIRECTLY RELATED TO OBJECTIVE
 HEALTH, SAFETY, OR WELFARE CONCERNS, INCLUDING, BUT NOT LIMITED TO,  ANY
 OF THE FOLLOWING:
   (I) LIMITATIONS ON HOURS OF OPERATION THAT ARE NOT UNDULY RESTRICTIVE.
 IN  NONRESIDENTIAL  AREAS, ANY LIMITATIONS ON THE HOURS OF OPERATION FOR
 STREET VENDING SHALL NOT BE MORE RESTRICTIVE  THAN  ANY  LIMITATIONS  ON
 HOURS  OF  OPERATION  IMPOSED  ON  OTHER  BUSINESSES OR USES ON THE SAME
 STREET;
   (II) REQUIREMENTS TO MAINTAIN SANITARY CONDITIONS;
   (III) REQUIREMENTS NECESSARY TO ENSURE  COMPLIANCE  WITH  THE  FEDERAL
 AMERICANS  WITH  DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336) AND OTHER
 DISABILITY ACCESS STANDARDS;
   (IV) REQUIRING THE STREET VENDOR TO OBTAIN FROM THE LOCAL  LEGISLATIVE
 BODY  A  PERMIT FOR STREET VENDING OR A VALID BUSINESS LICENSE, PROVIDED
 THAT THE LOCAL LEGISLATIVE BODY ISSUING THE PERMIT OR  BUSINESS  LICENSE
 ACCEPTS  A  NEW YORK DRIVER'S LICENSE OR IDENTIFICATION NUMBER, AN INDI-
 VIDUAL TAXPAYER IDENTIFICATION NUMBER,  OR  A  MUNICIPAL  IDENTIFICATION
 NUMBER IN LIEU OF A SOCIAL SECURITY NUMBER IF THE LOCAL LEGISLATIVE BODY
 OTHERWISE REQUIRES A SOCIAL SECURITY NUMBER FOR THE ISSUANCE OF A PERMIT

 S. 6817--A                          3
 
 OR  BUSINESS  LICENSE, AND THAT THE NUMBER COLLECTED SHALL NOT BE AVAIL-
 ABLE TO THE PUBLIC FOR INSPECTION, IS CONFIDENTIAL,  AND  SHALL  NOT  BE
 DISCLOSED  EXCEPT  AS  REQUIRED  TO  ADMINISTER  THE PERMIT OR LICENSURE
 PROGRAM OR COMPLY WITH A STATE LAW OR STATE OR FEDERAL COURT ORDER;
   (V)  REQUIRING THE STREET VENDOR TO POSSESS A VALID SELLER'S PERMIT OR
 LICENSE;
   (VI) REQUIRING ADDITIONAL LICENSES FROM OTHER STATE OR LOCAL  AGENCIES
 TO THE EXTENT REQUIRED BY LAW;
   (VII) REQUIRING COMPLIANCE WITH OTHER GENERALLY APPLICABLE LAWS; OR
   (VIII)  REQUIRING  A STREET VENDOR TO SUBMIT INFORMATION ON HIS OR HER
 OPERATIONS, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
   (A) THE NAME AND CURRENT MAILING ADDRESS OF THE STREET VENDOR;
   (B) A DESCRIPTION OF THE MERCHANDISE OFFERED FOR SALE OR EXCHANGE;
   (C) A CERTIFICATION BY THE VENDOR THAT TO HIS  OR  HER  KNOWLEDGE  AND
 BELIEF, THE INFORMATION CONTAINED ON THE FORM IS TRUE;
   (D) THE NEW YORK STATE TAX NUMBER, IF ANY, OF THE STREET VENDOR; OR
   (E)  IF THE STREET VENDOR IS AN AGENT OF AN INDIVIDUAL, COMPANY, PART-
 NERSHIP, OR CORPORATION, THE NAME AND BUSINESS ADDRESS OF THE PRINCIPAL.
   D. NOTWITHSTANDING PARAGRAPH B OF THIS SUBDIVISION, A  LOCAL  LEGISLA-
 TIVE  BODY  MAY RESTRICT OR PROHIBIT STREET VENDORS WITHIN THE IMMEDIATE
 VICINITY OF AN AREA DESIGNATED FOR A TEMPORARY SPECIAL PERMIT ISSUED  BY
 THE  LOCAL  LEGISLATIVE  BODY, PROVIDED THAT ANY NOTICE, BUSINESS INTER-
 RUPTION MITIGATION, OR OTHER RIGHTS PROVIDED TO AFFECTED  BUSINESSES  OR
 PROPERTY  OWNERS  UNDER  THE  LOCAL LEGISLATIVE BODY'S TEMPORARY SPECIAL
 PERMIT ARE ALSO PROVIDED TO ANY STREET VENDORS SPECIFICALLY PERMITTED TO
 OPERATE IN THE AREA, IF APPLICABLE. FOR THE PURPOSES OF THIS  PARAGRAPH,
 A  TEMPORARY  SPECIAL PERMIT IS A PERMIT ISSUED BY THE LOCAL LEGISLATIVE
 BODY FOR THE TEMPORARY USE OF, OR ENCROACHMENT ON, THE STREET, SIDEWALK,
 OR OTHER PUBLIC AREA, INCLUDING, BUT  NOT  LIMITED  TO  AN  ENCROACHMENT
 PERMIT,  SPECIAL  EVENT  PERMIT, OR TEMPORARY EVENT PERMIT, FOR PURPOSES
 INCLUDING, BUT NOT LIMITED TO, FILMING, PARADES, OR OUTDOOR CONCERTS.  A
 PROHIBITION  OF  STREET VENDORS PURSUANT TO THIS PARAGRAPH SHALL ONLY BE
 EFFECTIVE FOR THE LIMITED DURATION OF THE TEMPORARY SPECIAL PERMIT.
   E. FOR THE PURPOSES OF THIS SECTION,  PERCEIVED  COMMUNITY  ANIMUS  OR
 ECONOMIC  COMPETITION  SHALL NOT CONSTITUTE AN OBJECTIVE HEALTH, SAFETY,
 OR WELFARE CONCERN.
   4. ALL ENFORCEMENT AND INSPECTION OF THIS SECTION SHALL BE CARRIED OUT
 BY THE HEALTH OFFICER OF A CITY WITH A POPULATION OF FIFTY  THOUSAND  OR
 MORE,  THE COMMISSIONER OF HEALTH OR HEALTH OFFICER OF A COUNTY OR PART-
 COUNTY HEALTH DISTRICT, THE  STATE  REGIONAL  HEALTH  DIRECTOR  OR  AREA
 DIRECTOR HAVING JURISDICTION, A GRADE I OR GRADE II PUBLIC HEALTH ADMIN-
 ISTRATOR  QUALIFIED AND APPOINTED PURSUANT TO 10 NYCRR PART 11, A PUBLIC
 HEALTH DIRECTOR OR ANY COUNTY HEALTH DIRECTOR HAVING ALL THE POWERS  AND
 DUTIES  PRESCRIBED  IN  SECTION  THREE  HUNDRED  FIFTY-TWO OF THE PUBLIC
 HEALTH LAW. THE HEALTH COMMISSIONER OR HEALTH OFFICER OF A CITY  WITH  A
 POPULATION  OF  FIFTY  THOUSAND  OR  MORE, OR THE HEALTH COMMISSIONER OR
 HEALTH OFFICER OF A COUNTY OR PART-COUNTY HEALTH DISTRICT, OR SUCH GRADE
 I OR GRADE II PUBLIC HEALTH ADMINISTRATOR OR PUBLIC HEALTH  DIRECTOR  OR
 COUNTY  HEALTH  DIRECTOR  MAY  DESIGNATE  THE  DIRECTOR OF ENVIRONMENTAL
 HEALTH OF SUCH DISTRICT; AND THE STATE REGIONAL HEALTH DIRECTOR OR  AREA
 DIRECTOR  MAY  DESIGNATE  THE  DISTRICT  DIRECTOR  AS ADDITIONAL PERSONS
 AUTHORIZED TO ENFORCE AND PERFORM INSPECTIONS PURSUANT TO THIS SECTION.
   5. A. (I) A VIOLATION OF A LOCAL  LEGISLATIVE  BODY'S  STREET  VENDING
 PROGRAM THAT COMPLIES WITH SUBDIVISION THREE OF THIS SECTION IS PUNISHA-
 BLE ONLY BY THE FOLLOWING:
   (A) A FINE NOT EXCEEDING ONE HUNDRED DOLLARS FOR A FIRST VIOLATION.

 S. 6817--A                          4
 
   (B)  A  FINE  NOT EXCEEDING TWO HUNDRED DOLLARS FOR A SECOND VIOLATION
 WITHIN ONE YEAR OF THE FIRST VIOLATION.
   (C)  A  FINE  NOT  EXCEEDING THREE HUNDRED DOLLARS FOR EACH ADDITIONAL
 VIOLATION WITHIN ONE YEAR OF THE FIRST VIOLATION.
   (II) A LOCAL LEGISLATIVE BODY MAY RESCIND A PERMIT ISSUED TO A  STREET
 VENDOR  FOR THE TERM OF THAT PERMIT UPON SERIOUS REPEATED AND PERSISTENT
 VIOLATIONS OF ANY OF THE  REQUIREMENTS  OF  SUBDIVISION  THREE  OF  THIS
 SECTION,  AND  AFTER  NOTICE  AND  AN OPPORTUNITY FOR A HEARING HAS BEEN
 PROVIDED BY THE PERMIT-ISSUING OFFICIAL.
   (III) (A) IF A LOCAL LEGISLATIVE BODY REQUIRES A  SIDEWALK  VENDOR  TO
 OBTAIN  A STREET VENDING PERMIT FROM THE LOCAL LEGISLATIVE BODY, VENDING
 WITHOUT A STREET VENDING PERMIT MAY BE PUNISHABLE BY  THE  FOLLOWING  IN
 LIEU OF THE FINES SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH:
   (1) A FINE NOT EXCEEDING TWO HUNDRED DOLLARS FOR A FIRST VIOLATION.
   (2)  A FINE NOT EXCEEDING THREE HUNDRED DOLLARS FOR A SECOND VIOLATION
 WITHIN ONE YEAR OF THE FIRST VIOLATION.
   (3) A FINE NOT EXCEEDING FOUR  HUNDRED  DOLLARS  FOR  EACH  ADDITIONAL
 VIOLATION WITHIN ONE YEAR OF THE FIRST VIOLATION.
   (B) UPON PROOF OF A VALID PERMIT ISSUED BY THE LOCAL LEGISLATIVE BODY,
 THE  FINES SET FORTH IN THIS PARAGRAPH SHALL BE REDUCED TO THE FINES SET
 FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, RESPECTIVELY.
   B. THE PROCEEDS OF A FINE ASSESSED PURSUANT TO  PARAGRAPH  A  OF  THIS
 SUBDIVISION SHALL BE DEPOSITED IN THE GENERAL FUND OF THE LOCAL LEGISLA-
 TIVE BODY.
   C.  FAILURE  TO PAY A FINE PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
 SHALL NOT BE PUNISHABLE AS  AN  INFRACTION  OR  MISDEMEANOR.  ADDITIONAL
 FINES, FEES, ASSESSMENTS, OR ANY OTHER FINANCIAL CONDITIONS BEYOND THOSE
 AUTHORIZED IN PARAGRAPH A OF THIS SUBDIVISION SHALL NOT BE ASSESSED.
   D.  (I)  A  VIOLATION  OF  A  LOCAL  LEGISLATIVE BODY'S STREET VENDING
 PROGRAM THAT COMPLIES WITH SUBDIVISION  THREE  OF  THIS  SECTION,  OR  A
 VIOLATION  OF  ANY  RULES  OR REGULATIONS ADOPTED PRIOR TO THE EFFECTIVE
 DATE OF THIS SECTION, THAT REGULATE OR PROHIBIT STREET  VENDORS  IN  THE
 JURISDICTION  OF A LOCAL LEGISLATIVE BODY, SHALL NOT BE PUNISHABLE AS AN
 INFRACTION OR MISDEMEANOR, AND THE PERSON ALLEGED TO HAVE  VIOLATED  ANY
 SUCH  PROVISIONS  SHALL  NOT  BE SUBJECT TO ARREST EXCEPT WHEN PERMITTED
 UNDER LAW.
   (II) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY,  SUBPARAGRAPH  (I)
 OF THIS PARAGRAPH SHALL APPLY TO ALL PENDING CRIMINAL PROSECUTIONS UNDER
 ANY  LAW,  ORDINANCE  OR  RESOLUTION  REGULATING  OR  PROHIBITING STREET
 VENDORS. ANY SUCH CRIMINAL PROSECUTIONS  THAT  HAVE  NOT  REACHED  FINAL
 JUDGMENT SHALL BE DISMISSED.
   E.  A LOCAL LEGISLATIVE BODY THAT HAS NOT ADOPTED RULES OR REGULATIONS
 BY LAW, ORDINANCE OR RESOLUTION THAT COMPLY WITH SUBDIVISION TWO OF THIS
 SECTION SHALL NOT CITE,  FINE,  OR  PROSECUTE  A  STREET  VENDOR  FOR  A
 VIOLATION  OF  ANY LAW, RULE OR REGULATION THAT IS INCONSISTENT WITH THE
 STANDARDS DESCRIBED IN PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION.
   F. (I) WHEN ASSESSING A FINE PURSUANT TO PARAGRAPH A OF THIS  SUBDIVI-
 SION, THE ADJUDICATOR SHALL TAKE INTO CONSIDERATION THE PERSON'S ABILITY
 TO  PAY  THE  FINE.  THE LOCAL LEGISLATIVE BODY SHALL PROVIDE THE PERSON
 WITH NOTICE OF HIS OR HER RIGHT TO REQUEST  AN  ABILITY-TO-PAY  DETERMI-
 NATION  AND  SHALL  MAKE  AVAILABLE  INSTRUCTIONS OR OTHER MATERIALS FOR
 REQUESTING AN ABILITY-TO-PAY DETERMINATION. THE PERSON  MAY  REQUEST  AN
 ABILITY-TO-PAY  DETERMINATION  AT  ADJUDICATION  OR  WHILE  THE JUDGMENT
 REMAINS UNPAID, INCLUDING WHEN A CASE IS DELINQUENT OR HAS BEEN REFERRED
 TO A COMPREHENSIVE COLLECTION PROGRAM.

 S. 6817--A                          5
 
   (II) THE LOCAL LEGISLATIVE BODY  MAY  ALLOW  THE  PERSON  TO  COMPLETE
 COMMUNITY  SERVICE IN LIEU OF PAYING THE TOTAL FINE, MAY WAIVE OR REDUCE
 THE FINE, OR MAY OFFER AN ALTERNATIVE DISPOSITION.
   G.  (I)  A  PERSON  WHO  IS  CURRENTLY  SERVING,  OR  WHO COMPLETED, A
 SENTENCE, OR WHO IS SUBJECT TO A FINE, FOR A CONVICTION OF A MISDEMEANOR
 OR INFRACTION FOR STREET VENDING, WHETHER BY TRIAL OR BY OPEN OR NEGOTI-
 ATED PLEA, WHO WOULD NOT HAVE BEEN GUILTY OF  SUCH  OFFENSE  UNDER  THIS
 SECTION  HAD THIS SECTION BEEN IN EFFECT AT THE TIME OF THE OFFENSE, MAY
 PETITION FOR DISMISSAL OF THE SENTENCE, FINE, OR CONVICTION  BEFORE  THE
 TRIAL COURT THAT ENTERED THE JUDGMENT OF CONVICTION IN HIS OR HER CASE.
   (II)  UPON  RECEIVING  A PETITION UNDER SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH, THE COURT SHALL PRESUME THE PETITIONER SATISFIES THE CRITERIA  IN
 SUBPARAGRAPH  (I)  OF THIS PARAGRAPH UNLESS THE PARTY OPPOSING THE PETI-
 TION PROVES BY CLEAR AND CONVINCING EVIDENCE THAT  THE  PETITIONER  DOES
 NOT  SATISFY  THE  CRITERIA. IF THE PETITIONER SATISFIES THE CRITERIA IN
 SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE COURT SHALL GRANT  THE  PETITION
 TO DISMISS THE SENTENCE OR FINE, IF APPLICABLE, AND DISMISS AND SEAL THE
 CONVICTION,  BECAUSE  THE  SENTENCE,  FINE,  AND  CONVICTION ARE LEGALLY
 INVALID.
   (III) UNLESS REQUESTED BY THE PETITIONER, NO HEARING IS  NECESSARY  TO
 GRANT OR DENY A PETITION FILED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (IV)  IF  THE COURT THAT ORIGINALLY SENTENCED OR IMPOSED A FINE ON THE
 PETITIONER IS NOT AVAILABLE, THE PRESIDING JUDGE SHALL DESIGNATE ANOTHER
 JUDGE TO RULE ON THE PETITION.
   (V) NOTHING IN THIS PARAGRAPH IS INTENDED TO DIMINISH OR ABROGATE  ANY
 RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE PETITIONER.
   (VI)  NOTHING  IN  THIS PARAGRAPH OR RELATED PROVISIONS IS INTENDED TO
 DIMINISH OR ABROGATE THE FINALITY OF JUDGMENTS IN ANY CASE  NOT  FALLING
 WITHIN THE PURVIEW OF THIS SECTION.
   § 2. This act shall take effect immediately.