NY State Senate Bill 2017-S7902

Senate Bill S7902

2017-2018 Legislative Session

Relates to requiring reporting of certain medical conditions to the department of health and the department of motor vehicles

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2018	print number 7902a
May 18, 2018	amend and recommit to health
Mar 08, 2018	referred to health

Bill Amendments

Original

A (Active)

2017-S7902 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 20-B §§2020 - 2023, Pub Health L; amd §510, V & T L

2017-S7902 - Summary

Requires the reporting of certain medical conditions to the department of health and the department of motor vehicles.

2017-S7902 - Sponsor Memo

                                
 
BILL NUMBER: S7902

SPONSOR: HAMILTON
 
TITLE OF BILL:  An act to amend the public health law and the vehicle
and traffic law, in relation to requiring reporting of certain medical
conditions to the department of health and the department of motor vehi-
cles

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation defines impairing ailments that a driver may have that
could impact their ability to operate a motor vehicle and requires
physicians to report certain medical conditions to the department of
health and the department of motor vehicles. This bill implements a
system to determine how a physician should create an impairing ailment
report for drivers and establishes a method for an attending physician
to determine whether or not a person suffering from an impairing ailment
will be fit to operate a motor vehicle.  Drivers found to be suffering
from an impairing ailment by an attending physician may have their
license suspended based upon the severity of their condition.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the public health law by adding a new arti-
cle, 20-B, which establishes requirements for the reporting of ailments.

Section 2020 defines terms in the article:

"Facility" refers to any entity that provides medical care, including
any governmental agency, department, institution, clinic, laboratory,
hospital, nursing care facility, health maintenance organization, asso-
ciation or similar entity.

"Impairing ailment" is defined as any chronic, recurring ailment or
disease that causes sudden impairment without notice.

Section 2021 establishes the physicians and facilities duty to report.
An attending physician or person representing a facility as defined by
the commissioner shall report the existence of an impairing ailment to
the department of health and the department of motor vehicles when one
is diagnosed with an impairing ailment.

Section 2022 sets forth the contents of the impairing ailment report,
which shall contain information which the commissioner establishes as
necessary to identify the patient suffering the impairing ailment.  The
report shall include if the patient is suffering from a chronic ailment
such that it is unsafe for the patient to operate a motor vehicle.

Section 2023 defines the duties of the commissioner. The commissioner
shall promulgate rules and regulations to implement the provisions of
this article, including but not limited to:

1. Defining a person representing or employed by a facility

2. Establishing the form, content and manner of filing the impairing
ailment report;

3. Prescribing the permissible uses for the information made available
pursuant to this article
4. Establishing procedures to maintain the confidentiality of informa-
tion provide to persons pursuant to this article

5. Establishing, in conjunction with the commissioner of motor vehicles,
a method for an attending physician or a person representing or employed
by a facility as defined by the commissioner to report to the department
and the department of motor vehicles the existence of an impairing
ailment.

Section 2 amends Section 510 of the vehicle and traffic law by adding a
new subdivision 12 pursuant to article twenty-B of the public health
law, if the report shows that the impairing ailment is a chronic impair-
ment to driving, the commissioner may suspend the license of the person
afflicted with the impairing ailment until such time that a physician
reports the person is able to safely operate a motor vehicle.

Section 3 of the bill sets the effective date.

 
JUSTIFICATION:

A driver who suffers from a condition that could suddenly impair their
driving ability without notice may put themselves, pedestrians, and
other drivers at risk. There have been multiple occurrences in New York
over the past two years when a medically impaired driver has tragically
killed pedestrians due in part to a recurring ailment or disease that
caused sudden impairment without notice. Most recently, a driver with a
history of health problems, while sitting at a red light, suddenly
accelerated through a busy cross walk, killing two children and injuring
two adults. This bill would formalize the process and require for physi-
cians to evaluate and report to the NYS Department of Motor Vehicles and
Department of Health that patients who they diagnose with impairing
ailments which could impact their ability to operate a motor vehicle
have their driver's license suspended.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATION:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7902 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7902
 
                             I N  S E N A T E
 
                               March 8, 2018
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the vehicle and  traffic  law,
   in  relation  to  requiring reporting of certain medical conditions to
   the department of health and the department of motor vehicles

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new article
 20-B to read as follows:
                               ARTICLE 20-B
                      REPORTING OF IMPAIRING AILMENTS
 SECTION 2020. DEFINITIONS.
         2021. PHYSICIANS AND FACILITIES; DUTY TO REPORT.
         2022. CONTENTS OF REPORT.
         2023. DUTIES OF COMMISSIONER.
   § 2020. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "FACILITY" SHALL MEAN ANY GOVERNMENTAL OR PRIVATE  AGENCY,  DEPART-
 MENT, INSTITUTION, CLINIC,  LABORATORY, HOSPITAL, NURSING CARE FACILITY,
 HEALTH  MAINTENANCE  ORGANIZATION,  ASSOCIATION  OR OTHER SIMILAR ENTITY
 THAT PROVIDES MEDICAL CARE.
   2. "IMPAIRING AILMENT" SHALL MEAN ANY CHRONIC,  RECURRING  AILMENT  OR
 DISEASE THAT CAUSES SUDDEN IMPAIRMENT WITHOUT NOTICE.
   § 2021. PHYSICIANS AND FACILITIES; DUTY TO REPORT. AN ATTENDING PHYSI-
 CIAN  OR  A PERSON  REPRESENTING OR EMPLOYED BY A FACILITY AS DEFINED BY
 THE COMMISSIONER SHALL REPORT THE EXISTENCE OF AN IMPAIRING  AILMENT  TO
 THE  DEPARTMENT  AND THE DEPARTMENT OF MOTOR VEHICLES WHEN THE PHYSICIAN
 OR OTHER PERSON DIAGNOSES OR CONFIRMS  THE  PRESENCE  OF  THE  IMPAIRING
 AILMENT.
   §  2022.  CONTENTS  OF  REPORT. THE REPORT AS SET FORTH IN SECTION TWO
 THOUSAND TWENTY-ONE OF THIS  ARTICLE SHALL BE  DESIGNATED  AN  IMPAIRING
 AILMENT  REPORT  AND  SHALL  CONTAIN INFORMATION WHICH THE  COMMISSIONER
 ESTABLISHES AS NECESSARY TO IDENTIFY THE PATIENT SUFFERING THE IMPAIRING
 AILMENT AND INVESTIGATE THE  OCCURRENCE,  FREQUENCY,  INCIDENCE,  CAUSE,
 EFFECT  AND  PROGNOSIS  OF  THE IMPAIRING AILMENT. THE REPORT SHALL ALSO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15025-02-8

 S. 7902                             2
 
 INCLUDE IF THE PATIENT  IS  SUFFERING  CHRONICALLY  FROM  THE  IMPAIRING
 AILMENT SUCH THAT IT IS UNSAFE FOR SUCH PATIENT TO OPERATE A MOTOR VEHI-
 CLE.
   §  2023.  DUTIES  OF  COMMISSIONER.  THE COMMISSIONER SHALL PROMULGATE
 RULES AND REGULATIONS TO  IMPLEMENT  THE  PROVISIONS  OF  THIS  ARTICLE,
 INCLUDING BUT NOT LIMITED TO:
   1. DEFINING A PERSON REPRESENTING OR EMPLOYED BY A FACILITY;
   2.  ESTABLISHING  THE FORM, CONTENT AND MANNER OF FILING THE IMPAIRING
 AILMENT REPORT;
   3. PRESCRIBING THE PERMISSIBLE USES FOR THE INFORMATION MADE AVAILABLE
 PURSUANT TO THIS ARTICLE;
   4. ESTABLISHING PROCEDURES TO MAINTAIN THE CONFIDENTIALITY OF INFORMA-
 TION PROVIDED TO PERSONS PURSUANT TO THIS ARTICLE; AND
   5. ESTABLISHING, IN CONJUNCTION WITH THE COMMISSIONER OF  MOTOR  VEHI-
 CLES,  A  METHOD  FOR AN ATTENDING PHYSICIAN OR A PERSON REPRESENTING OR
 EMPLOYED BY A FACILITY AS DEFINED BY THE COMMISSIONER TO REPORT  TO  THE
 DEPARTMENT  AND  THE  DEPARTMENT  OF  MOTOR VEHICLES THE EXISTENCE OF AN
 IMPAIRING AILMENT.
   § 2. Section 510 of the vehicle and traffic law is amended by adding a
 new subdivision 12 to read as follows:
   12. WHERE THE COMMISSIONER HAS RECEIVED AN  IMPAIRING  AILMENT  REPORT
 PURSUANT  TO  ARTICLE  TWENTY-B  OF THE PUBLIC HEALTH LAW, IF THE REPORT
 SHOWS THAT THE IMPAIRING AILMENT IS A CHRONIC IMPAIRMENT TO DRIVING, THE
 COMMISSIONER MAY SUSPEND THE LICENSE OF THE PERSON  AFFLICTED  WITH  THE
 IMPAIRING AILMENT UNTIL SUCH TIME THAT A PHYSICIAN REPORTS THE PERSON IS
 ABLE TO SAFELY OPERATE A MOTOR VEHICLE.
   § 3. This act shall take effect immediately.

2017-S7902A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 20-B §§2020 - 2023, Pub Health L; amd §510, V & T L

2017-S7902A (ACTIVE) - Summary

Requires the reporting of certain medical conditions to the department of health and the department of motor vehicles.

2017-S7902A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7902A

SPONSOR: HAMILTON
 
TITLE OF BILL:  An act to amend the public health law and the vehicle
and traffic law, in relation to requiring reporting of certain medical
conditions to the department of health and the department of motor vehi-
cles

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation defines impairing ailments that a driver may have that
could impact their ability to operate a motor vehicle and requires
physicians to report certain medical conditions to the department of
health and the department of motor vehicles. This bill implements a
system to determine how a physician should create an impairing ailment
report for drivers and establishes a method for an attending physician
to determine whether a person suffering from an impairing ailment will
be fit to operate a motor vehicle. Drivers found to be suffering from an
impairing ailment by an attending physician may have their license
suspended based upon the severity of their condition.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the public health law by adding a new arti-
cle, 20-B, which establishes requirements for the reporting of ailments.

Section 2020 defines terms in the article:

"Facility" refers to any entity that provides medical care, including
any governmental agency, department, institution, clinic, laboratory,
hospital, nursing care facility, health maintenance organization, asso-
ciation or similar entity.

"Impairing ailment" is defined as any chronic, recurring ailment or
disease that causes sudden impairment without notice.

Section 2021 establishes the physicians and facilities duty to report.
An attending physician or person representing a facility as defined by
the commissioner shall report the existence of an impairing ailment to
the department of health and the department of motor vehicles when one
is diagnosed with an impairing ailment.

Section 2022 sets forth the contents of the impairing ailment report,
which shall contain information, which the commissioner establishes as
necessary to identify the patient suffering the impairing ailment.  The
report shall include if the patient is suffering from a chronic ailment
such that it is unsafe for the patient to operate a motor vehicle.

Section 2023 defines the duties of the commissioner. The commissioner
shall promulgate rules and regulations to implement the provisions of
this article, including but not limited to:

1. Defining a person representing or employed by a facility

2. Establishing the form, content and manner of filing the impairing
ailment report;

3. Prescribing the permissible uses for the information made available
pursuant to this article
4. Establishing procedures to maintain the confidentiality of informa-
tion provide to persons pursuant to this article

5. Establishing, in conjunction with the commissioner of motor vehicles,
a method for an attending physician or a person representing or employed
by a facility as defined by the commissioner to report to the department
and the department of motor vehicles the existence of an impairing
ailment.

Section 2 amends Section 510 of the vehicle and traffic law by adding a
new subdivision 12 pursuant to article twenty-B of the public health
law, if the report shows that the impairing ailment is a chronic impair-
ment to driving, the commissioner may suspend the license of the person
afflicted with the impairing ailment until such time that a physician
reports the person is able to safely operate a motor vehicle.

Section 3 of the bill sets the effective date.

 
JUSTIFICATION:

A driver who suffers from a condition that could suddenly impair their
driving ability without notice may put themselves, pedestrians, and
other drivers at risk. There have been multiple occurrences in New York
over the past two years when a medically impaired driver has tragically
killed pedestrians due in part to a recurring ailment or disease that
caused sudden impairment without notice. Most recently, a driver with a
history of health problems, while sitting at a red light, suddenly
accelerated through a busy crosswalk, killing two children and injuring
two adults. This bill would formalize the process and require physicians
to evaluate and report to the NYS Department of Motor Vehicles and
Department of Health that patients who they diagnose with impairing
ailments, which could impact their ability to operate a motor vehicle,
have their driver's license suspended.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATION:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7902A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7902--A
 
                             I N  S E N A T E
 
                               March 8, 2018
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the public health law and the vehicle and traffic law,
   in relation to requiring reporting of certain  medical  conditions  to
   the department of health and the department of motor vehicles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  article
 20-B to read as follows:
                               ARTICLE 20-B
                      REPORTING OF IMPAIRING AILMENTS
 SECTION 2020. DEFINITIONS.
         2021. PHYSICIANS AND FACILITIES; DUTY TO REPORT.
         2022. CONTENTS OF REPORT.
         2023. REPORTING BY MOTORIST.
         2024. DUTIES OF COMMISSIONER.
   § 2020. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "FACILITY"  SHALL MEAN ANY GOVERNMENTAL OR PRIVATE AGENCY, DEPART-
 MENT, INSTITUTION, CLINIC,  LABORATORY, HOSPITAL, NURSING CARE FACILITY,
 HEALTH MAINTENANCE ORGANIZATION, ASSOCIATION  OR  OTHER  SIMILAR  ENTITY
 THAT PROVIDES MEDICAL CARE.
   2.  "IMPAIRING  AILMENT"  SHALL  MEAN  ANY OF THE FOLLOWING: RECURRENT
 CONVULSIVE SEIZURES, RECURRENT PERIOD OF UNCONSCIOUSNESS OR  IMPAIRMENT,
 OR LOSS OR IMPAIRED OF MOTOR COORDINATION DUE TO CONDITIONS SUCH AS, BUT
 NOT  LIMITED  TO,  EPILEPSY  IN  ANY OF ITS FORMS WHICH PERSIST OR RECUR
 DESPITE MEDICAL TREATMENT.
   § 2021. PHYSICIANS AND FACILITIES; DUTY TO REPORT. AN ATTENDING PHYSI-
 CIAN OR A PERSON  REPRESENTING OR EMPLOYED BY A FACILITY AS  DEFINED  BY
 THE  COMMISSIONER  SHALL REPORT THE EXISTENCE OF AN IMPAIRING AILMENT TO
 THE DEPARTMENT AND THE DEPARTMENT OF MOTOR VEHICLES  WITHIN  TWENTY-FOUR
 HOURS OF DETERMINING THE EXISTENCE OF AN IMPAIRING AILMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15025-03-8

 S. 7902--A                          2
 
   §  2022.  CONTENTS  OF  REPORT. THE REPORT AS SET FORTH IN SECTION TWO
 THOUSAND TWENTY-ONE OF THIS  ARTICLE SHALL BE  DESIGNATED  AN  IMPAIRING
 AILMENT  REPORT  AND  SHALL  CONTAIN INFORMATION WHICH THE  COMMISSIONER
 ESTABLISHES AS NECESSARY TO IDENTIFY THE PATIENT SUFFERING THE IMPAIRING
 AILMENT  AND  INVESTIGATE, INCLUDING, BUT NOT LIMITED TO, THE DIAGNOSIS,
 CURRENT TREATMENT, OCCURENCE, FREQUENCY, INCIDENCE,  CAUSE,  EFFECT  AND
 PROGNOSIS OF THE IMPAIRING AILMENT. THE REPORT SHALL ALSO INCLUDE IF THE
 PATIENT IS SUFFERING CHRONICALLY FROM THE IMPAIRING AILMENT SUCH THAT IT
 IS UNSAFE FOR SUCH PATIENT TO OPERATE A MOTOR VEHICLE.
   §  2023.  REPORTING  BY MOTORIST. WHEN THE COMMISSIONER OR THE COMMIS-
 SIONER OF MOTOR VEHICLES BECOMES AWARE, UPON INFORMATION RECEIVED OR  AS
 A RESULT OF AN INVESTIGATION CONDUCTED, THAT A LICENSED DRIVER OR APPLI-
 CANT  FOR A LEARNER'S PERMIT OR DRIVER'S LICENSE SUFFERS OR HAS SUFFERED
 FROM AN IMPAIRING AILMENT, SUCH  COMMISSIONERS  MAY  REQUIRE  FROM  SUCH
 PERSON:
   1.  A  STATEMENT BY THE APPLICANT OR LICENSEE OF HIS OR HER HISTORY OF
 IMPAIRING AILMENTS; AND
   2. ANY OTHER INFORMATION WHICH SUCH COMMISSIONERS MAY  DEEM  NECESSARY
 TO  EVALUATE  THE  APPLICANT'S  OR LICENSEE'S QUALIFICATION TO OPERATE A
 MOTOR VEHICLE.
   § 2024. DUTIES OF  COMMISSIONER.  THE  COMMISSIONER  SHALL  PROMULGATE
 RULES  AND  REGULATIONS  TO  IMPLEMENT  THE  PROVISIONS OF THIS ARTICLE,
 INCLUDING BUT NOT LIMITED TO:
   1. DEFINING A PERSON REPRESENTING OR EMPLOYED BY A FACILITY;
   2. ESTABLISHING THE FORM, CONTENT AND MANNER OF FILING  THE  IMPAIRING
 AILMENT REPORT;
   3. PRESCRIBING THE PERMISSIBLE USES FOR THE INFORMATION MADE AVAILABLE
 PURSUANT TO THIS ARTICLE;
   4. ESTABLISHING PROCEDURES TO MAINTAIN THE CONFIDENTIALITY OF INFORMA-
 TION PROVIDED TO PERSONS PURSUANT TO THIS ARTICLE; AND
   5.  ESTABLISHING,  IN CONJUNCTION WITH THE COMMISSIONER OF MOTOR VEHI-
 CLES, A METHOD FOR AN ATTENDING PHYSICIAN OR A  PERSON  REPRESENTING  OR
 EMPLOYED  BY  A FACILITY AS DEFINED BY THE COMMISSIONER TO REPORT TO THE
 DEPARTMENT AND THE DEPARTMENT OF MOTOR  VEHICLES  THE  EXISTENCE  OF  AN
 IMPAIRING AILMENT.
   § 2. Section 510 of the vehicle and traffic law is amended by adding a
 new subdivision 12 to read as follows:
   12. A. WHERE THE COMMISSIONER HAS RECEIVED AN IMPAIRING AILMENT REPORT
 PURSUANT  TO  ARTICLE  TWENTY-B  OF THE PUBLIC HEALTH LAW, IF THE REPORT
 SHOWS THAT THE IMPAIRING AILMENT IS A CHRONIC IMPAIRMENT TO DRIVING, THE
 COMMISSIONER MAY SUSPEND THE LICENSE OF THE PERSON  AFFLICTED  WITH  THE
 IMPAIRING AILMENT.
   B.  ANY  PERSON  SIXTEEN  YEARS OF AGE OR OLDER WHO SUFFERS OR WHO HAS
 SUFFERED  FROM  RECURRENT  CONVULSIVE  SEIZURES,  RECURRENT  PERIODS  OF
 IMPAIRED CONSCIOUSNESS, OR FROM IMPAIRMENT OR LOSS OF MOTOR COORDINATION
 DUE  TO A CONDITION SUCH AS, BUT NOT LIMITED TO, EPILEPSY, IN ANY OF ITS
 FORMS, SHALL, AS A PREREQUISITE TO THE ISSUANCE OF A LEARNER'S PERMIT OR
 DRIVER'S LICENSE, RENEWAL OF A DRIVER'S LICENSE, RESTORATION OF A  DRIV-
 ER'S  LICENSE,  OR  RETENTION  OF  A  DRIVER'S LICENSE, ESTABLISH TO THE
 SATISFACTION OF THE COMMISSIONER THAT HE  OR  SHE  HAS  BEEN  FREE  FROM
 RECURRENT  CONVULSIVE SEIZURES, RECURRENT PERIODS OF IMPAIRED CONSCIOUS-
 NESS, OR FROM IMPAIRMENT OR LOSS OF MOTOR COORDINATION FOR A  PERIOD  OF
 SIX  MONTHS  WITH OR WITHOUT MEDICATION AND THAT HE OR SHE IS PHYSICALLY
 QUALIFIED TO OPERATE A MOTOR VEHICLE.
   C. IF A DRIVER'S LICENSE OR PERMIT IS DENIED, SUSPENDED,  REVOKED,  OR
 ALTERED UNDER THIS SUBDIVISION, THE PERSON HAS A RIGHT TO APPEAL A DECI-

 S. 7902--A                          3
 
 SION  OF  THE  COMMISSION.  IN  ORDER TO APPEAL, A PERSON MUST REQUEST A
 FORMAL HEARING, IN WRITING, FROM THE COMMISSION WITHIN TWENTY-FIVE  DAYS
 OF  THE  DECISION.  THE REQUEST MUST INCLUDE ALL DISPUTED MATERIAL FACTS
 THAT THE APPLICANT/LICENSEE OR HIS OR HER ATTORNEY PLANS TO RAISE AT THE
 HEARING.  HOWEVER,  IF  THE SUSPENSION OR REVOCATION OF THE LICENSE IS A
 RESULT OF A DEADLY ACCIDENT, THEN THE LICENSEE  HAS  ONLY  TEN  DAYS  TO
 REQUEST  A  HEARING  AND  LICENSEE  HAS FIFTEEN DAYS IN WHICH TO FILE AN
 EXCEPTION TO AN ADVERSE DECISION WITH THE COMMISSION.  THE  COMMISSION'S
 DECISION  IS  FINAL,  AND MAY BE APPEALED TO THE SUPREME COURT APPELLATE
 DIVISION WITHIN FORTY-FIVE DAYS.
   § 3. This act shall take effect immediately.

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