Relates to the forfeiture of pension rights or retirement benefits upon conviction of certain crimes related to public employment.

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A3773-2011 Actions

• Jan 4, 2012: referred to governmental employees
• Jan 27, 2011: referred to governmental employees

A3773-2011 Text

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

                                    3773

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 27, 2011
                                 ___________

  Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
    Committee on Governmental Employees

  AN ACT to amend the retirement and social security law, in  relation  to
    forfeiture of pension rights or retirement benefits upon conviction of
    certain crimes related to public employment

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


    Section 1. The retirement and social security law is amended by adding
  a new article 3-B to read as follows:

                                 ARTICLE 3-B
                PENSION FORFEITURE FOR PUBLIC MISCONDUCT ACT
  SECTION 156. SHORT TITLE.
          157. DEFINITIONS.
          158. PENSION FORFEITURE.
          159. MISCELLANEOUS.
    S 156. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
  THE "PENSION FORFEITURE FOR PUBLIC MISCONDUCT ACT".
    S  157.  DEFINITIONS. THE FOLLOWING WORDS AND PHRASES, AS USED IN THIS
  ARTICLE, SHALL HAVE THE FOLLOWING MEANINGS, UNLESS A  DIFFERENT  MEANING
  IS PLAINLY REQUIRED BY THE CONTEXT:

    1. "DEFENDANT" SHALL MEAN A PERSON AGAINST WHOM A FORFEITURE ACTION IS
  COMMENCED.
    2. "COVERED CRIME" SHALL MEAN ANY OF THE FOLLOWING:

    (A) ANY FELONY OFFENSE SET FORTH IN THE PENAL LAW;
    (B) ANY CRIME DEFINED IN TITLE L OF THE PENAL LAW;
    (C)  AN  ATTEMPT, CONSPIRACY, OR SOLICITATION OF ANOTHER TO COMMIT ANY
  FELONY OFFENSE SET FORTH IN THE PENAL LAW;
    (D) AN ATTEMPT, CONSPIRACY, OR SOLICITATION OF ANOTHER TO  COMMIT  ANY
  CRIME DEFINED IN TITLE L OF THE PENAL LAW;
    (E)  ANY  OTHER  CRIME  DEFINED BY THE LAWS OF THIS STATE, A NECESSARY
  ELEMENT OF WHICH, AS DETERMINED BY STATUTORY OR COMMON LAW DEFINITION OF

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08476-01-1

 A. 3773                             2

  SUCH CRIME, INCLUDES INTERFERENCE WITH THE  ADMINISTRATION  OF  JUSTICE,
  FALSE  SWEARING,  MISREPRESENTATION,  FRAUD, DECEIT, BRIBERY, EXTORTION,
  MISAPPROPRIATION, THEFT, PROHIBITED ACTION OR FAILURE TO ACT BY A PUBLIC
  OFFICER OR EMPLOYEE;
    (F) ANY CRIME DEFINED BY THE LAWS OF THIS STATE FOR WHICH THE VACATING
  OR FORFEITURE OF THE PUBLIC OFFICE OR EMPLOYMENT HELD BY SUCH INDIVIDUAL
  IS REQUIRED BY LAW;
    (G)  ANY  CRIMINAL  OFFENSE  COMMITTED IN ANY OTHER STATE, DISTRICT OR
  TERRITORY OF THE UNITED STATES, WHICH IF COMMITTED  WITHIN  THIS  STATE,
  WOULD  CONSTITUTE AN OFFENSE DESIGNATED IN PARAGRAPH (A), (B), (C), (D),
  (E), OR (F) OF THIS SUBDIVISION.
    3. "CHIEF ADMINISTRATOR OF THE RETIREMENT SYSTEM" SHALL MEAN THE COMP-
  TROLLER OF THE STATE OF NEW YORK WITH RESPECT TO THE NEW YORK STATE  AND
  LOCAL  EMPLOYEES'  RETIREMENT  SYSTEM  AND  THE NEW YORK STATE AND LOCAL
  POLICE AND FIRE RETIREMENT  SYSTEM  AND  THE  BOARDS  OF  TRUSTEES  WITH
  RESPECT  TO THE OTHER PUBLIC RETIREMENT SYSTEMS AND PENSION FUNDS OF THE
  STATE AND THE CITY OF NEW YORK.
    4. "MEMBER" SHALL MEAN A MEMBER  OF  THE  NEW  YORK  STATE  AND  LOCAL
  EMPLOYEES'  RETIREMENT  SYSTEM,  THE NEW YORK STATE AND LOCAL POLICE AND
  FIRE RETIREMENT SYSTEM, THE NEW YORK STATE TEACHERS' RETIREMENT  SYSTEM,
  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACH-
  ERS'  RETIREMENT  SYSTEM, THE NEW YORK CITY POLICE PENSION FUND, THE NEW
  YORK CITY FIRE DEPARTMENT PENSION FUND AND THE NEW YORK  CITY  BOARD  OF
  EDUCATION  RETIREMENT  SYSTEM  WHO  JOINED  SUCH  SYSTEM ON OR AFTER THE
  EFFECTIVE DATE OF THIS ARTICLE.
    5. "RETIRED MEMBER" SHALL MEAN A PERSON WHO IS RETIRED FROM AND WHO IS
  RECEIVING A RETIREMENT ALLOWANCE FROM A RETIREMENT SYSTEM  AND  WHO  HAD
  JOINED SUCH SYSTEM ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
    6. "RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE AND LOCAL EMPLOY-
  EES'  RETIREMENT  SYSTEM,  THE  NEW YORK STATE AND LOCAL POLICE AND FIRE
  RETIREMENT SYSTEM, THE NEW YORK STATE TEACHERS' RETIREMENT  SYSTEM,  THE
  NEW  YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS'
  RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND, THE  NEW  YORK
  CITY  FIRE DEPARTMENT PENSION FUND AND THE NEW YORK CITY BOARD OF EDUCA-
  TION RETIREMENT SYSTEM.
    7. "DEPENDENT CHILDREN" SHALL INCLUDE:

    (A) ANY CHILD OF AN OFFICER OR EMPLOYEE, WHERE SUCH CHILD IS UNDER AGE
  NINETEEN;
    (B) ANY UNMARRIED DEPENDENT CHILD OF AN OFFICER OR  EMPLOYEE,  REGARD-
  LESS OF SUCH CHILD'S AGE, WHERE SUCH CHILD IS INCAPABLE OF SELF-SUSTAIN-
  ING  EMPLOYMENT BY REASON OF MENTAL OR PHYSICAL DISABILITY AND BECAME SO
  INCAPABLE PRIOR TO ATTAINING THE AGE OF NINETEEN; AND
    (C) ANY UNMARRIED CHILD OF AN OFFICER OR EMPLOYEE, WHERE SUCH CHILD IS
  AT AN ACCREDITED INSTITUTION OF HIGHER LEARNING AND IS UNDER  AGE  TWEN-
  TY-THREE.
    S  158.  PENSION  FORFEITURE.  NOTWITHSTANDING  ANY OTHER PROVISION OF
  GENERAL, SPECIAL OR LOCAL LAW, RULE OR REGULATION TO THE CONTRARY:

    1. IN THE CASE OF A MEMBER OR RETIRED  MEMBER  WHO  IS  CONVICTED  OF,
  PLEADS  GUILTY TO, PLEADS NOLO CONTENDERE TO, OR PLEADS GUILTY TO PURSU-
  ANT TO SUBDIVISION TWO OF SECTION 220.10 OF THE CRIMINAL  PROCEDURE  LAW
  ANY COVERED CRIME SET FORTH IN PARAGRAPH (A), (B), (C), (D), (E), OR (F)
  OF  SUBDIVISION  TWO OF SECTION ONE HUNDRED FIFTY-SEVEN OF THIS ARTICLE,
  THE COMMISSION OF WHICH IS RELATED TO THE PERFORMANCE OF OR  FAILURE  TO
  PERFORM SUCH MEMBER OR RETIRED MEMBER'S OFFICIAL DUTIES AND RESPONSIBIL-
  ITIES,  AN  ACTION  MAY  BE  COMMENCED  IN SUPREME COURT BY THE DISTRICT
  ATTORNEY HAVING JURISDICTION OVER THE OFFENSE, OR BY THE ATTORNEY GENER-

 A. 3773                             3

  AL IF THE ATTORNEY GENERAL BROUGHT THE UNDERLYING CRIMINAL  CHARGE,  FOR
  THE FORFEITURE OF ALL OR A PORTION OF THOSE RIGHTS AND BENEFITS TO WHICH
  SUCH  PERSON  IS OR WILL BE ENTITLED AS A MEMBER OR RETIRED MEMBER. SUCH
  ACTION  SHALL  BE  COMMENCED  WITHIN  SIX MONTHS OF SUCH CONVICTION. FOR
  PURPOSES OF THIS ARTICLE, A COVERED CRIME IS RELATED TO THE  PERFORMANCE
  OF OR FAILURE TO PERFORM SUCH MEMBER OR RETIRED MEMBER'S OFFICIAL DUTIES
  AND RESPONSIBILITIES IF IT:

    (A)  CONSTITUTED  A  MATERIAL  VIOLATION  OF  SUCH MEMBER'S OR RETIRED
  MEMBER'S DUTIES AND RESPONSIBILITIES AS A PUBLIC SERVANT; OR
    (B) WAS COMMITTED IN THE COURSE OF AN INDIVIDUAL'S PUBLIC  EMPLOYMENT;
  OR
    (C) INVOLVED THE USE OF PUBLIC PERSONNEL OR RESOURCES; OR
    (D)  INVOLVED  AN  INDIVIDUAL'S MISREPRESENTATION OF HIS OR HER ACTUAL
  OFFICIAL POWERS, DUTIES AND RESPONSIBILITIES; OR
    (E) EVEN THOUGH COMMITTED OUTSIDE THE SCOPE OF SUCH MEMBER'S  OFFICIAL
  DUTIES  OR  RESPONSIBILITIES,  INVOLVED ACTIONS OR CONDUCT BY WHICH SUCH
  MEMBER OR RETIRED MEMBER INDICATED OR CONVEYED THAT HE OR SHE WAS ACTING
  WITH THE AUTHORITY OF, OR UNDER COLOR OF THE AUTHORITY OF,  ANY  GOVERN-
  MENTAL ENTITY.
    2.  WHERE THE ATTORNEY GENERAL, OR THE DISTRICT ATTORNEY OF THE COUNTY
  IN WHICH THE MEMBER OR RETIRED MEMBER RESIDES IN THIS STATE, FINDS  THAT
  A  MEMBER  OR  A RETIRED MEMBER HAS BEEN CONVICTED OF A COVERED CRIME AS
  DEFINED IN PARAGRAPH (G) OF  SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED
  FIFTY-SEVEN  OF  THIS ARTICLE, THE COMMISSION OF WHICH IS RELATED TO THE
  PERFORMANCE OR FAILURE TO PERFORM  SUCH  MEMBER'S  OR  RETIRED  MEMBER'S
  OFFICIAL  DUTIES  AND  RESPONSIBILITIES,  AN  ACTION MAY BE COMMENCED IN
  SUPREME COURT BY THE ATTORNEY GENERAL, OR BY THE  DISTRICT  ATTORNEY  OF
  THE  COUNTY IN WHICH THE MEMBER OR RETIRED MEMBER RESIDES IN THIS STATE,
  FOR THE FORFEITURE OF ALL OR A PORTION OF THOSE RIGHTS AND  BENEFITS  TO
  WHICH  SUCH PERSON IS OR WILL BE ENTITLED AS A MEMBER OR RETIRED MEMBER.
  SUCH ACTION SHALL BE COMMENCED WITHIN ONE YEAR OF SUCH CONVICTION.
    3. PRIOR TO COMMENCEMENT OF SUCH ACTION DESCRIBED IN  SUBDIVISION  ONE
  OR  TWO  OF THIS SECTION, THE DISTRICT ATTORNEY OR THE ATTORNEY GENERAL,
  AS THE CASE MAY BE, SHALL PROVIDE NOTICE TO THE CHIEF  ADMINISTRATOR  OF
  THE  DEFENDANT'S  RETIREMENT SYSTEM STATING THAT HE OR SHE HAS REASON TO
  BELIEVE THAT THE PERSON CONVICTED COMMITTED THE COVERED CRIME RELATED TO
  HIS OR HER OFFICIAL DUTIES AND RESPONSIBILITIES. WITHIN TWENTY  DAYS  OF
  RECEIPT  OF  SUCH  NOTICE,  THE  CHIEF  ADMINISTRATOR OF THE DEFENDANT'S
  RETIREMENT SYSTEM SHALL SUBMIT A NOTICE OF APPLICABILITY TO THE DISTRICT
  ATTORNEY OR THE ATTORNEY GENERAL AS THE  CASE  MAY  BE.  THE  NOTICE  OF
  APPLICABILITY  SHALL  CONTAIN  A STATEMENT SPECIFYING WHETHER THE PERSON
  CONVICTED IS OR HAS BEEN A MEMBER OR RETIRED  MEMBER  OF  THE  NEW  YORK
  STATE  AND  LOCAL  EMPLOYEES'  RETIREMENT SYSTEM, THE NEW YORK STATE AND
  LOCAL POLICE AND FIRE RETIREMENT SYSTEM, THE NEW  YORK  STATE  TEACHERS'
  RETIREMENT  SYSTEM,  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE
  NEW YORK CITY TEACHERS' RETIREMENT SYSTEM,  THE  NEW  YORK  CITY  POLICE
  PENSION FUND, THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND AND THE NEW
  YORK  CITY  BOARD  OF EDUCATION RETIREMENT SYSTEM AND SHALL DESCRIBE THE
  RIGHTS AND BENEFITS TO WHICH SUCH PERSON IS OR WILL BE ENTITLED TO  FROM
  SUCH PUBLIC RETIREMENT SYSTEM.
    4.  NO  FORFEITURE ACTION MAY BE COMMENCED BY THE DISTRICT ATTORNEY OR
  THE ATTORNEY GENERAL UNTIL RECEIPT OF THE NOTICE OF APPLICABILITY AS SET
  FORTH IN SUBDIVISION THREE OF THIS SECTION. IN  DETERMINING  WHETHER  TO
  SEEK  FORFEITURE OF A PORTION, RATHER THAN ALL, OF SUCH RETIREMENT BENE-
  FITS, THE DISTRICT ATTORNEY OR THE ATTORNEY GENERAL MAY  CONSIDER  MITI-
  GATING FACTORS INCLUDING, BUT NOT LIMITED TO: THE NATURE AND SERIOUSNESS

 A. 3773                             4

  OF  THE  OFFENSE  COMMITTED  IN RELATION TO THE AMOUNT OF THE FORFEITURE
  PENALTY; WHETHER THE DEFENDANT'S CONDUCT IN COMMITTING THE  OFFENSE  WAS
  WILLFUL  OR  MALICIOUS;  WHETHER THE DEFENDANT MADE ANY SUBSTANTIAL GOOD
  FAITH  EFFORTS  TO  PREVENT  OR MITIGATE THE HARM CAUSED BY THE OFFENSE;
  WHETHER THE DEFENDANT'S PARTICIPATION IN THE  CRIME  WAS  UNDER  DURESS,
  COERCION  OR  INDUCED BY OTHERS; THE IMPACT OF THE CRIME ON THE STATE OR
  LOCAL GOVERNMENT AND THE NUMBER  OF  YEARS  OF  THE  DEFENDANT'S  PUBLIC
  SERVICE PERFORMED WITHOUT CRIMINAL CONDUCT; THE PECUNIARY BENEFIT TO THE
  DEFENDANT FROM THE CRIME; AND WHETHER AND TO WHAT EXTENT THE DEFENDANT'S
  FAMILY  IS  DEPENDENT UPON THE DEFENDANT'S PRESENT AND FUTURE RETIREMENT
  BENEFITS. THE DISTRICT ATTORNEY OR THE  ATTORNEY  GENERAL  MAY  SEEK  AN
  ORDER  FROM  THE COURT THAT SOME OR ALL OF THE FORFEITED PENSION BE PAID
  FOR THE BENEFIT OF ANY DEPENDENT CHILDREN AS JUSTICE MAY REQUIRE,  AFTER
  TAKING  INTO  CONSIDERATION  THE FINANCIAL NEEDS AND RESOURCES AVAILABLE
  FOR SUPPORT OF SUCH CHILDREN. FURTHER, IN THE EVENT OF  ANY  FORFEITURE,
  SUCH  MEMBER OR RETIRED MEMBER SHALL BE ENTITLED TO A PRO RATA RETURN OF
  HIS OR HER CONTRIBUTION PAID INTO THE RELEVANT  RETIREMENT  SYSTEMS,  IN
  ANY AMOUNT PROPORTIONATE TO THE AMOUNT OF ANY FORFEITURE, WITHOUT INTER-
  EST.
    5.  UPON  MOTION  BY THE DISTRICT ATTORNEY OR THE ATTORNEY GENERAL, AS
  THE CASE MAY BE, MADE UPON COMMENCEMENT OF OR AT  ANY  TIME  DURING  THE
  PENDENCY  OF A FORFEITURE ACTION, PURSUANT TO THE PROCEDURE SET FORTH IN
  SUBDIVISION ONE OF SECTION SIX THOUSAND THREE HUNDRED ELEVEN OR  SECTION
  SIX THOUSAND THREE HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES,
  THE  COURT  MAY  ISSUE  A  TEMPORARY  RESTRAINING ORDER OR A PRELIMINARY
  INJUNCTION PROHIBITING THE DEFENDANT FROM RECEIVING ANY RIGHTS OR  BENE-
  FITS  FROM  THE  APPROPRIATE RETIREMENT SYSTEM. A PRELIMINARY INJUNCTION
  MAY BE GRANTED WHERE THE COURT FINDS THAT THERE IS A SUBSTANTIAL  PROBA-
  BILITY  THAT  THE  DISTRICT ATTORNEY OR ATTORNEY GENERAL WILL PREVAIL ON
  THE ISSUE OF  FORFEITURE.  NO  SHOWING  OF  IRREPARABLE  HARM  SHALL  BE
  REQUIRED. THE COURT MAY NOT CONSIDER ON SUCH MOTION ANY ISSUES PRESENTED
  TO  THE COURT WHICH HEARD THE CRIMINAL ACTION IN WHICH THE DEFENDANT WAS
  CONVICTED OR WHICH  ARISE  OUT  OF  SUCH  CRIMINAL  ACTION  AND  MAY  BE
  PRESENTED ON APPEAL.
    6.  ALL  DEFENDANTS  IN  A  FORFEITURE ACTION BROUGHT PURSUANT TO THIS
  ARTICLE SHALL HAVE THE RIGHT TO A HEARING.
    7. THE BURDEN OF PROOF SHALL BE UPON  THE  DISTRICT  ATTORNEY  OR  THE
  ATTORNEY GENERAL, AS THE CASE MAY BE, TO PROVE BY A PREPONDERANCE OF THE
  EVIDENCE THE FACTS NECESSARY TO ESTABLISH A CLAIM OF PENSION FORFEITURE.
    8.  AT  ANY TIME DURING THE PENDENCY OF A FORFEITURE ACTION, THE COURT
  MAY DISMISS THE ACTION IF IT FINDS THAT SUCH RELIEF IS WARRANTED BY  THE
  EXISTENCE  OF  SOME  COMPELLING  FACTOR,  CONSIDERATION  OR CIRCUMSTANCE
  INCLUDING, BUT NOT LIMITED TO, ONE OR MORE OF THE MITIGATING FACTORS SET
  FORTH IN SUBDIVISION FOUR OF  THIS  SECTION,  OR  OTHER  INFORMATION  OR
  EVIDENCE  WHICH  DEMONSTRATES  THAT  SUCH FORFEITURE WOULD NOT SERVE THE
  ENDS OF JUSTICE. THE COURT MAY ORDER THAT SOME OR ALL OF  THE  FORFEITED
  PENSION BE PAID FOR THE BENEFIT OF ANY DEPENDENT CHILDREN AS JUSTICE MAY
  REQUIRE,  AFTER  TAKING  INTO  CONSIDERATION  THE  FINANCIAL  NEEDS  AND
  RESOURCES AVAILABLE FOR SUPPORT OF SUCH CHILDREN.  THE COURT SHALL ISSUE
  A WRITTEN DECISION STATING THE BASIS FOR AN  ORDER  ISSUED  PURSUANT  TO
  THIS SUBDIVISION.
    9.  UPON  A  FINDING  BY  THE COURT THAT THE DEFENDANT HAS COMMITTED A
  COVERED CRIME THAT IS RELATED  TO  THE  PERFORMANCE  OF  OR  FAILURE  TO
  PERFORM SUCH DEFENDANT'S OFFICIAL DUTIES AND RESPONSIBILITIES, THE COURT
  SHALL  ISSUE  AN  ORDER  TO  THE  APPROPRIATE  RETIREMENT SYSTEM FOR THE
  FORFEITURE OR RECOUPMENT OF ALL OR A PORTION OF THE  DEFENDANT'S  RIGHTS

 A. 3773                             5

  AND  BENEFITS  AS  A MEMBER OR RETIRED MEMBER OF SUCH SYSTEM AND FOR THE
  RECOUPMENT OF ALL OR A PORTION OF THE RETIREMENT BENEFITS  PAID  TO  THE
  DEFENDANT.  IN  DETERMINING  THE  EXTENT OF THE FORFEITURE OR RECOUPMENT
  THAT  IS WARRANTED, THE COURT MAY CONSIDER ONE OR MORE OF THE MITIGATING
  FACTORS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION.  ALL  ORDERS  AND
  FINDINGS MADE BY THE COURT PURSUANT TO THIS SECTION SHALL BE SERVED UPON
  THE CHIEF ADMINISTRATOR OF THE DEFENDANT'S RETIREMENT SYSTEM.
    10. UPON A FINAL DETERMINATION THAT REVERSES OR VACATES THE CONVICTION
  OR  CONVICTIONS  OF  A  DESIGNATED  OFFENSE  OR  OFFENSES, THE MEMBER OR
  RETIRED MEMBER WHO HAS FORFEITED RETIREMENT RIGHTS AND BENEFITS PURSUANT
  TO THIS SECTION  SHALL  HAVE  SUCH  RIGHTS  AND  BENEFITS  RETROACTIVELY
  RESTORED  UPON  APPLICATION  TO  THE  COURT  WITH  JURISDICTION OVER THE
  FORFEITURE ACTION, REGARDLESS OF  ANY  TEMPORARY  RESTRAINING  ORDER  OR
  PRELIMINARY  INJUNCTION WHICH MAY BE OUTSTANDING OR ORDER WHICH MAY HAVE
  BEEN ISSUED. SUCH COURT, UPON FINDING THAT SUCH  A  FINAL  DETERMINATION
  HAS  OCCURRED,  SHALL ISSUE AN ORDER RETROACTIVELY RESTORING SUCH RIGHTS
  AND BENEFITS, TOGETHER WITH SUCH OTHER RELIEF DEEMED APPROPRIATE.
    11. EXCEPT AS OTHERWISE PROVIDED BY THIS ARTICLE, THE  CIVIL  PRACTICE
  LAW AND RULES SHALL GOVERN THE PROCEDURE IN ACTIONS COMMENCED UNDER THIS
  ARTICLE,  EXCEPT  WHERE  THE  ACTION  IS  REGULATED  BY ANY INCONSISTENT
  PROVISIONS HEREIN.
    S 159. MISCELLANEOUS. THE REMEDIES PROVIDED FOR IN  THIS  ARTICLE  ARE
  NOT  INTENDED TO SUBSTITUTE FOR, LIMIT OR SUPERSEDE THE LAWFUL AUTHORITY
  OF ANY PUBLIC OFFICER, AGENCY OR OTHER PERSON TO ENFORCE ANY OTHER RIGHT
  OR REMEDY PROVIDED FOR BY LAW.
    S 2. This act shall take effect on the thirtieth day  after  it  shall
  have become a law.