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A06687 Summary:

BILL NOA06687A
 
SAME ASSAME AS S06632
 
SPONSORMagnarelli
 
COSPNSRHunter
 
MLTSPNSR
 
Add 1180-f, V & T L; amd 87, Pub Off L
 
Authorizes the city of Syracuse to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school speed zone.
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A06687 Actions:

BILL NOA06687A
 
05/01/2023referred to transportation
05/02/2023amend and recommit to transportation
05/02/2023print number 6687a
05/24/2023reported referred to codes
05/31/2023reported referred to ways and means
06/01/2023reported referred to rules
06/05/2023reported
06/05/2023rules report cal.531
06/05/2023substituted by s6632
 S06632 AMEND= MAY
 05/02/2023REFERRED TO TRANSPORTATION
 05/30/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
 05/30/2023ORDERED TO THIRD READING CAL.1392
 06/05/2023HOME RULE REQUEST
 06/05/2023PASSED SENATE
 06/05/2023DELIVERED TO ASSEMBLY
 06/05/2023referred to ways and means
 06/05/2023substituted for a6687a
 06/05/2023ordered to third reading rules cal.531
 06/06/2023home rule request
 06/06/2023passed assembly
 06/06/2023returned to senate
 09/19/2023DELIVERED TO GOVERNOR
 09/28/2023SIGNED CHAP.502
 05/02/2023REFERRED TO TRANSPORTATION
 05/30/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
 05/30/2023ORDERED TO THIRD READING CAL.1392
 06/05/2023HOME RULE REQUEST
 06/05/2023PASSED SENATE
 06/05/2023DELIVERED TO ASSEMBLY
 06/05/2023referred to ways and means
 06/05/2023substituted for a6687a
 06/05/2023ordered to third reading rules cal.531
 06/06/2023home rule request
 06/06/2023passed assembly
 06/06/2023returned to senate
 09/19/2023DELIVERED TO GOVERNOR
 09/28/2023SIGNED CHAP.502
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A06687 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6687--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 1, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Transportation --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the vehicle and traffic law and the public officers law,
          in  relation to authorizing the city of Syracuse to establish a demon-
          stration program imposing monetary liability on the owner of a vehicle
          for failure of an operator thereof to comply with posted maximum speed
          limits in a school speed zone; and providing for the  repeal  of  such
          provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 1180-f to read as follows:
     3    §  1180-f.  Owner  liability  for  failure  of operator to comply with
     4  certain posted maximum speed limits. (a) 1.  Notwithstanding  any  other
     5  provision of law, the city of Syracuse is hereby authorized to establish
     6  a  demonstration  program  imposing monetary liability on the owner of a
     7  vehicle for failure of an operator thereof to comply with posted maximum
     8  speed limits in a school speed zone within such city (i) when  a  school
     9  speed limit is in effect as provided in paragraphs one and two of subdi-
    10  vision (c) of section eleven hundred eighty of this article or (ii) when
    11  other  speed  limits  are in effect as provided in subdivision (b), (d),
    12  (f) or (g) of section eleven hundred eighty of this article  during  the
    13  following  times:  (A)  on  school days during school hours and one hour
    14  before and one hour after the  school  day,  and  (B)  a  period  during
    15  student  activities  at  the school and up to thirty minutes immediately
    16  before and up to thirty minutes immediately after  such  student  activ-
    17  ities.  Such demonstration program shall empower the city of Syracuse to
    18  install photo speed violation monitoring systems  within  no  more  than
    19  thirty-four  school  speed zones within such city at any one time and to
    20  operate such systems within such zones (iii) when a school  speed  limit
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11106-02-3

        A. 6687--A                          2
 
     1  is in effect as provided in paragraphs one and two of subdivision (c) of
     2  section  eleven  hundred eighty of this article or (iv) when other speed
     3  limits are in effect as provided in subdivision (b), (d), (f) or (g)  of
     4  section  eleven  hundred  eighty  of  this  article during the following
     5  times: (A) on school days during school hours and one  hour  before  and
     6  one  hour  after  the school day, and (B) a period during student activ-
     7  ities at the school and up to thirty minutes immediately before  and  up
     8  to  thirty minutes immediately after such student activities. In select-
     9  ing a school speed zone in which to install and operate  a  photo  speed
    10  violation monitoring system, the city shall consider criteria including,
    11  but not limited to, the speed data, crash history, and the roadway geom-
    12  etry applicable to such school speed zone.
    13    2.  No  photo  speed  violation  monitoring  system shall be used in a
    14  school speed zone unless (i) on the day it is to be used it has success-
    15  fully passed a self-test of its functions; and (ii) it has undergone  an
    16  annual  calibration  check  performed pursuant to paragraph four of this
    17  subdivision. The city shall install signs giving  notice  that  a  photo
    18  speed  violation  monitoring  system  is in use to be mounted on advance
    19  warning signs notifying motor vehicle operators of such upcoming  school
    20  speed  zone  and/or  on  speed limit signs applicable within such school
    21  speed zone, in conformance with standards established in the MUTCD.
    22    3. Operators of photo speed violation monitoring  systems  shall  have
    23  completed  training in the procedures for setting up, testing, and oper-
    24  ating such systems. Each such operator shall complete and sign  a  daily
    25  set-up  log for each such system that he or she operates that (i) states
    26  the date and time when, and the location where, the system  was  set  up
    27  that day, and (ii) states that such operator successfully performed, and
    28  the  system  passed,  the  self-tests  of such system before producing a
    29  recorded image that day. The city shall retain each such daily log until
    30  the later of the date on which  the  photo  speed  violation  monitoring
    31  system  to which it applies has been permanently removed from use or the
    32  final resolution of all cases  involving  notices  of  liability  issued
    33  based  on  photographs,  microphotographs,  videotape  or other recorded
    34  images produced by such system.
    35    4. Each photo speed violation monitoring system shall undergo an annu-
    36  al calibration check performed by an independent calibration  laboratory
    37  which  shall  issue  a signed certificate of calibration. The city shall
    38  keep each such annual certificate of calibration on file until the final
    39  resolution of all cases involving a notice of  liability  issued  during
    40  such  year  which were based on photographs, microphotographs, videotape
    41  or other recorded images produced by such photo speed violation monitor-
    42  ing system.
    43    5. (i) Such demonstration program shall utilize necessary technologies
    44  to ensure, to the  extent  practicable,  that  photographs,  microphoto-
    45  graphs,  videotape or other recorded images produced by such photo speed
    46  violation monitoring systems shall not include images that identify  the
    47  driver,  the  passengers,  or  the  contents of the vehicle.   Provided,
    48  however, that no notice of liability issued  pursuant  to  this  section
    49  shall  be  dismissed  solely because such a photograph, microphotograph,
    50  videotape or other recorded image allows for the identification  of  the
    51  driver, the passengers, or the contents of vehicles where the city shows
    52  that  it  made  reasonable efforts to comply with the provisions of this
    53  paragraph in such case.
    54    (ii) Photographs, microphotographs, videotape or  any  other  recorded
    55  image  from  a  photo speed violation monitoring system shall be for the
    56  exclusive use of the city for the purpose of the adjudication of liabil-

        A. 6687--A                          3
 
     1  ity imposed pursuant to this section and of the owner receiving a notice
     2  of liability pursuant to this section, and shall  be  destroyed  by  the
     3  city  upon the final resolution of the notice of liability to which such
     4  photographs,   microphotographs,  videotape  or  other  recorded  images
     5  relate, or one year following the date of issuance  of  such  notice  of
     6  liability,  whichever  is  later.  Notwithstanding the provisions of any
     7  other law, rule or regulation to the contrary, photographs,  microphoto-
     8  graphs,  videotape  or  any  other  recorded  image  from  a photo speed
     9  violation monitoring system shall not be open to the public, nor subject
    10  to civil or criminal process or discovery, nor  used  by  any  court  or
    11  administrative  or adjudicatory body in any action or proceeding therein
    12  except that which is necessary for  the  adjudication  of  a  notice  of
    13  liability  issued  pursuant  to  this  section,  and no public entity or
    14  employee, officer or agent  thereof  shall  disclose  such  information,
    15  except  that  such photographs, microphotographs, videotape or any other
    16  recorded images from such systems:
    17    (A) shall be available for inspection and copying and use by the motor
    18  vehicle owner and operator for so long as such photographs,  microphoto-
    19  graphs, videotape or other recorded images are required to be maintained
    20  or are maintained by such public entity, employee, officer or agent; and
    21    (B)  (1)  shall be furnished when described in a search warrant issued
    22  by a court authorized to issue such a search warrant pursuant to article
    23  six hundred ninety of the criminal procedure  law  or  a  federal  court
    24  authorized  to issue such a search warrant under federal law, where such
    25  search warrant states that there is reasonable  cause  to  believe  such
    26  information  constitutes  evidence  of,  or tends to demonstrate that, a
    27  misdemeanor or felony offense was committed in  this  state  or  another
    28  state,  or  that a particular person participated in the commission of a
    29  misdemeanor or felony offense in this state or another state,  provided,
    30  however, that if such offense was against the laws of another state, the
    31  court  shall only issue a warrant if the conduct comprising such offense
    32  would, if occurring in this state, constitute a  misdemeanor  or  felony
    33  against the laws of this state; and
    34    (2) shall be furnished in response to a subpoena duces tecum signed by
    35  a  judge  of  competent  jurisdiction and issued pursuant to article six
    36  hundred ten of the criminal procedure law or a judge or magistrate of  a
    37  federal  court  authorized  to  issue  such a subpoena duces tecum under
    38  federal law, where the judge finds and the subpoena states that there is
    39  reasonable cause to believe such information is relevant and material to
    40  the prosecution, or the defense, or the investigation by  an  authorized
    41  law  enforcement official, of the alleged commission of a misdemeanor or
    42  felony in this state or another state, provided, however, that  if  such
    43  offense  was against the laws of another state, such judge or magistrate
    44  shall only issue such subpoena if the conduct  comprising  such  offense
    45  would, if occurring in this state, constitute a misdemeanor or felony in
    46  this state; and
    47    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
    48  of this subparagraph and otherwise admissible, be used in such  criminal
    49  action or proceeding.
    50    (b) If the city of Syracuse establishes a demonstration program pursu-
    51  ant  to subdivision (a) of this section, the owner of a vehicle shall be
    52  liable for a penalty imposed pursuant to this section  if  such  vehicle
    53  was  used  or  operated  with  the  permission  of the owner, express or
    54  implied, within a school speed zone in violation of subdivision  (c)  or
    55  during  the times authorized pursuant to subdivision (a) of this section
    56  in violation of subdivision (b), (d),  (f)  or  (g)  of  section  eleven

        A. 6687--A                          4
 
     1  hundred eighty of this article, such vehicle was traveling at a speed of
     2  more  than  ten  miles  per  hour above the posted speed limit in effect
     3  within such school speed zone, and such violation is evidenced by infor-
     4  mation obtained from a photo speed violation monitoring system; provided
     5  however that no owner of a vehicle shall be liable for a penalty imposed
     6  pursuant  to  this  section  where the operator of such vehicle has been
     7  convicted of the underlying violation of subdivision (b), (c), (d),  (f)
     8  or (g) of section eleven hundred eighty of this article.
     9    (c)  For  purposes of this section, the following terms shall have the
    10  following meanings:
    11    1. "manual on uniform traffic control devices" or "MUTCD"  shall  mean
    12  the  manual  and  specifications for a uniform system of traffic control
    13  devices maintained by the commissioner  of  transportation  pursuant  to
    14  section sixteen hundred eighty of this chapter;
    15    2.  "owner"  shall  have the meaning provided in article two-B of this
    16  chapter;
    17    3. "photo speed violation monitoring  system"  shall  mean  a  vehicle
    18  sensor  installed  to  work in conjunction with a speed measuring device
    19  which automatically produces two or more photographs, two or more micro-
    20  photographs, a videotape or other recorded images of each vehicle at the
    21  time it is used or operated in a  school  speed  zone  in  violation  of
    22  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    23  of this article in accordance with the provisions of this section; and
    24    4. "school speed zone" shall mean a distance not to exceed  one  thou-
    25  sand  three  hundred twenty feet on a highway passing a school building,
    26  entrance or exit of a school abutting on the highway.
    27    (d) A certificate, sworn to or affirmed by a  technician  employed  by
    28  the  city  of Syracuse, or a facsimile thereof, based upon inspection of
    29  photographs,  microphotographs,  videotape  or  other  recorded   images
    30  produced  by  a  photo speed violation monitoring system, shall be prima
    31  facie evidence of the facts contained therein. Any  photographs,  micro-
    32  photographs,  videotape  or  other  recorded  images  evidencing  such a
    33  violation shall include at least two date and time stamped images of the
    34  rear of the motor vehicle that include the same stationary  object  near
    35  the  motor  vehicle  and shall be available for inspection reasonably in
    36  advance of and at any proceeding to adjudicate the  liability  for  such
    37  violation pursuant to this section.
    38    (e)  An owner liable for a violation of subdivision (b), (c), (d), (f)
    39  or (g) of section eleven hundred eighty of this article  pursuant  to  a
    40  demonstration  program  established  pursuant  to  this section shall be
    41  liable for monetary penalties in accordance with a schedule of fines and
    42  penalties to be promulgated by the parking violations bureau of the city
    43  of Syracuse. The liability of the owner pursuant to this  section  shall
    44  not  exceed  fifty  dollars  for each violation; provided, however, that
    45  such parking violations bureau may provide for an additional penalty not
    46  in excess of twenty-five dollars for each violation for the  failure  to
    47  respond to a notice of liability within the prescribed time period.
    48    (f)  An imposition of liability under the demonstration program estab-
    49  lished pursuant to this section shall not be deemed a conviction  as  an
    50  operator  and  shall  not  be  made  part of the operating record of the
    51  person upon whom such liability is imposed nor  shall  it  be  used  for
    52  insurance purposes in the provision of motor vehicle insurance coverage.
    53    (g) 1. A notice of liability shall be sent by first class mail to each
    54  person  alleged  to be liable as an owner for a violation of subdivision
    55  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    56  cle pursuant to this section, within  fourteen  business  days  if  such

        A. 6687--A                          5
 
     1  owner is a resident of this state and within forty-five business days if
     2  such  owner  is a non-resident. Personal delivery on the owner shall not
     3  be required. A manual or automatic record of  mailing  prepared  in  the
     4  ordinary  course  of business shall be prima facie evidence of the facts
     5  contained therein.
     6    2. A notice of liability shall contain the name  and  address  of  the
     7  person  alleged  to be liable as an owner for a violation of subdivision
     8  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
     9  cle pursuant to this section, the registration  number  of  the  vehicle
    10  involved  in  such  violation,  the  location  where such violation took
    11  place, the date and time of such violation, the identification number of
    12  the camera which  recorded  the  violation  or  other  document  locator
    13  number,  at  least  two  date and time stamped images of the rear of the
    14  motor vehicle that include the same stationary  object  near  the  motor
    15  vehicle, and the certificate charging the liability.
    16    3.  The  notice  of  liability  shall contain information advising the
    17  person charged of the manner and the time in which he or she may contest
    18  the liability alleged in the notice. Such notice of liability shall also
    19  contain a prominent warning to advise the person charged that failure to
    20  contest in the manner and time provided shall be deemed an admission  of
    21  liability and that a default judgment may be entered thereon.
    22    4. The notice of liability shall be prepared and mailed by the city of
    23  Syracuse,  or  by any other entity authorized by the city to prepare and
    24  mail such notice of liability.
    25    (h) Adjudication of the liability imposed upon owners of this  section
    26  shall be by the city of Syracuse parking violations bureau.
    27    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    28  section for any time period during which the vehicle or the number plate
    29  or plates of such vehicle was  reported  to  the  police  department  as
    30  having  been  stolen,  it  shall  be a valid defense to an allegation of
    31  liability for a violation of subdivision (b), (c), (d), (f)  or  (g)  of
    32  section  eleven  hundred eighty of this article pursuant to this section
    33  that the vehicle or the number plate or plates of such vehicle had  been
    34  reported  to  the  police  as  stolen  prior  to  the time the violation
    35  occurred and had not been  recovered  by  such  time.  For  purposes  of
    36  asserting  the  defense provided by this subdivision, it shall be suffi-
    37  cient that a certified copy of the police report on the  stolen  vehicle
    38  or number plate or plates of such vehicle be sent by first class mail to
    39  the  city  of  Syracuse parking violations bureau or by any other entity
    40  authorized by the city to prepare and mail such notice of liability.
    41    (j) Adjudication of the liability imposed upon owners of this  section
    42  shall be by the city of Syracuse parking violations bureau.
    43    (k)  1.  An  owner  who  is a lessor of a vehicle to which a notice of
    44  liability was issued pursuant to subdivision (g) of this  section  shall
    45  not be liable for the violation of subdivision (b), (c), (d), (f) or (g)
    46  of  section  eleven  hundred  eighty  of  this  article pursuant to this
    47  section, provided that:
    48    (i) prior to the violation, the lessor has  filed  with  such  parking
    49  violations  bureau  in  accordance  with  the  provisions of section two
    50  hundred thirty-nine of this chapter; and
    51    (ii) within thirty-seven days after receiving notice from such  bureau
    52  of the date and time of a liability, together with the other information
    53  contained  in  the  original  notice of liability, the lessor submits to
    54  such bureau the correct name and address of the lessee  of  the  vehicle
    55  identified  in  the  notice  of liability at the time of such violation,
    56  together with such other additional information contained in the rental,

        A. 6687--A                          6
 
     1  lease or other contract document, as may be reasonably required by  such
     2  bureau pursuant to regulations that may be promulgated for such purpose.
     3    2.  Failure  to comply with subparagraph (ii) of paragraph one of this
     4  subdivision shall render the owner liable for the penalty prescribed  in
     5  this section.
     6    3.  Where  the lessor complies with the provisions of paragraph one of
     7  this subdivision, the lessee  of  such  vehicle  on  the  date  of  such
     8  violation  shall  be deemed to be the owner of such vehicle for purposes
     9  of this section, shall be subject to liability for such violation pursu-
    10  ant to this section and shall be sent a notice of liability pursuant  to
    11  subdivision (g) of this section.
    12    (l)  1.  If the owner liable for a violation of subdivision (c) or (d)
    13  of section eleven hundred  eighty  of  this  article  pursuant  to  this
    14  section  was  not  the  operator  of  the  vehicle  at  the  time of the
    15  violation, the owner may maintain an action for indemnification  against
    16  the operator.
    17    2.  Notwithstanding any other provision of this section, no owner of a
    18  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    19  section if the operator of such vehicle was operating such vehicle with-
    20  out  the  consent  of  the owner at the time such operator operated such
    21  vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
    22  eleven hundred eighty of this article. For purposes of this  subdivision
    23  there shall be a presumption that the operator of such vehicle was oper-
    24  ating such vehicle with the consent of the owner at the time such opera-
    25  tor operated such vehicle in violation of subdivision (b), (c), (d), (f)
    26  or (g) of section eleven hundred eighty of this article.
    27    (m)  Nothing in this section shall be construed to limit the liability
    28  of an operator of a vehicle for any violation of subdivision (c) or  (d)
    29  of section eleven hundred eighty of this article.
    30    (n) If the city adopts a demonstration program pursuant to subdivision
    31  (a) of this section it shall conduct a study and submit an annual report
    32  on  the  results of the use of photo devices to the governor, the tempo-
    33  rary president of the senate and the  speaker  of  the  assembly  on  or
    34  before  the first day of June next succeeding the effective date of this
    35  section and on the same date in each succeeding year in which the demon-
    36  stration program is operable. Such report shall include:
    37    1. the locations where and dates when photo speed violation monitoring
    38  systems were used;
    39    2. the aggregate number, type and  severity  of  crashes,  fatalities,
    40  injuries  and  property  damage  reported  within all school speed zones
    41  within the city, to the extent the  information  is  maintained  by  the
    42  department of motor vehicles of this state;
    43    3.  the  aggregate  number,  type and severity of crashes, fatalities,
    44  injuries and property damage reported within school  speed  zones  where
    45  photo  speed  violation  monitoring systems were used, to the extent the
    46  information is maintained by the department of motor  vehicles  of  this
    47  state;
    48    4.  the  number  of  violations recorded within all school speed zones
    49  within the city, in the aggregate on a daily, weekly and monthly basis;
    50    5. the number of violations recorded within  each  school  speed  zone
    51  where  a  photo speed violation monitoring system is used, in the aggre-
    52  gate on a daily, weekly and monthly basis;
    53    6. the number of violations recorded within  all  school  speed  zones
    54  within the city that were:
    55    (i)  more  than  ten  but not more than twenty miles per hour over the
    56  posted speed limit;

        A. 6687--A                          7
 
     1    (ii) more than twenty but not more than thirty miles per hour over the
     2  posted speed limit;
     3    (iii) more than thirty but not more than forty miles per hour over the
     4  posted speed limit; and
     5    (iv) more than forty miles per hour over the posted speed limit;
     6    7.  the  number  of  violations recorded within each school speed zone
     7  where a photo speed violation monitoring system is used that were:
     8    (i) more than ten but not more than twenty miles  per  hour  over  the
     9  posted speed limit;
    10    (ii) more than twenty but not more than thirty miles per hour over the
    11  posted speed limit;
    12    (iii) more than thirty but not more than forty miles per hour over the
    13  posted speed limit; and
    14    (iv) more than forty miles per hour over the posted speed limit;
    15    8.  the  total  number  of  notices of liability issued for violations
    16  recorded by such systems;
    17    9. the number of fines and total amount of fines paid after the  first
    18  notice of liability issued for violations recorded by such systems;
    19    10. the number of violations adjudicated and the results of such adju-
    20  dications  including  breakdowns  of  dispositions  made  for violations
    21  recorded by such systems;
    22    11. the total amount of revenue realized by  the  city  in  connection
    23  with the program;
    24    12.  the expenses incurred by the city in connection with the program;
    25  and
    26    13. the quality of the adjudication process and its results.
    27    (o) It shall be a defense to any prosecution for a violation of subdi-
    28  vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
    29  this  article  pursuant  to this section that such photo speed violation
    30  monitoring  system  was  malfunctioning  at  the  time  of  the  alleged
    31  violation.
    32    § 2. Subdivision 2 of section 87 of the public officers law is amended
    33  by adding a new paragraph (s) to read as follows:
    34    (s)  are  photographs,  microphotographs,  videotape or other recorded
    35  images prepared under authority of section eleven  hundred  eighty-f  of
    36  the vehicle and traffic law.
    37    §  3.  The  purchase or lease of equipment for a demonstration program
    38  established pursuant to section 1180-f of the vehicle and  traffic  law,
    39  as  added by section one of this act, shall be subject to the provisions
    40  of section 103 of the general municipal law.
    41    § 4. This act shall take effect on the thirtieth day  after  it  shall
    42  have  become  a  law  and shall expire December 31, 2028, when upon such
    43  date the provisions of this act  shall  be  deemed  repealed.  Effective
    44  immediately,  the addition, amendment and/or repeal of any rule or regu-
    45  lation necessary for the implementation of this  act  on  its  effective
    46  date are authorized to be made and completed on or before such effective
    47  date.
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