Bill Text: NY S09190 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the "child victims protection and accountability act"; relates to the period of limitation and commencement of actions for certain child abuse cases; requires that the office of court administration shall provide training for judges and justices with respect to crimes involving sexual abuse of minors (Part A); relates to reports of child abuse to law enforcement; relates to falsely reporting an incident in the third degree (Part B); and prohibits retaliatory personnel action by employers of corporations formed other than for profit (Part C).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2018-11-07 - REFERRED TO RULES [S09190 Detail]
Download: New_York-2017-S09190-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9190 IN SENATE November 7, 2018 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law and the civil practice law and rules, in relation to the period of limitation for certain child abuse cases; to amend the general municipal law, the court of claims act and the education law, in relation to certain notices of claim and commencement of certain actions; and to amend the judiciary law, in relation to requiring that the office of court administration shall provide training for judges and justices with respect to crimes involving sexual abuse of minors (Part A); to amend the social services law, in relation to reports of child abuse to law enforce- ment; and to amend the penal law, in relation to falsely reporting an incident in the third degree (Part B); and to amend the labor law, in relation to prohibiting retaliatory personnel action by employers of corporations formed other than for profit (Part C) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "child 2 victims protection and accountability act". 3 § 2. This act enacts into law major components of legislation which 4 are necessary to implement procedures related to victim protection and 5 accountability. Each component is wholly contained within a Part identi- 6 fied as Parts A through C. The effective date for each particular 7 provision contained within such Part is set forth in the last section of 8 the Part. Any provision in any section contained within a Part, includ- 9 ing the effective date of the Part, which makes a reference to a section 10 "of this act", when used in connection with that particular component, 11 shall be deemed to mean and refer to the corresponding section of the 12 Part in which it is found. Section four of this act sets forth the 13 general effective date of this act. 14 PART A EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16681-02-8S. 9190 2 1 Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the 2 criminal procedure law, as separately amended by chapters 3 and 320 of 3 the laws of 2006, is amended to read as follows: 4 (f) [For purposes of a] A prosecution involving a sexual offense as 5 defined in article one hundred thirty of the penal law, other than a 6 sexual offense delineated in paragraph (a) of subdivision two of this 7 section, committed against a child less than eighteen years of age, 8 incest in the first, second or third degree as defined in sections 9 255.27, 255.26 and 255.25 of the penal law committed against a child 10 less than eighteen years of age, or use of a child in a sexual perform- 11 ance as defined in section 263.05 of the penal law[, the period of limi-12tation shall not begin to run until the child has reached the age of13eighteen or the offense is reported to a law enforcement agency or14statewide central register of child abuse and maltreatment, whichever15occurs earlier] may be commenced at any time. 16 § 2. The opening paragraph of section 208 of the civil practice law 17 and rules is designated subdivision (a) and a new subdivision (b) is 18 added to read as follows: 19 (b) Notwithstanding any provision of law which imposes a period of 20 limitation to the contrary, with respect to all civil claims or causes 21 of action brought by any person for physical, psychological or other 22 injury or condition suffered by such person as a result of conduct which 23 would constitute a sexual offense as defined in article one hundred 24 thirty of the penal law committed against such person who was less than 25 eighteen years of age, incest as defined in section 255.27, 255.26 or 26 255.25 of the penal law committed against such person who was less than 27 eighteen years of age, or the use of such person in a sexual performance 28 as defined in section 263.05 of the penal law, or a predecessor statute 29 that prohibited such conduct at the time of the act, which conduct was 30 committed against such person who was less than eighteen years of age, 31 such action may be commenced, against any party whose intentional or 32 negligent acts or omissions are alleged to have resulted in the commis- 33 sion of said conduct, on or before the plaintiff or infant plaintiff 34 reaches the age of fifty years. In any such claim or cause of action, in 35 addition to any other defense and affirmative defense that may be avail- 36 able in accordance with law, rule or the common law, to the extent that 37 the acts alleged in such action are of the type described in subdivision 38 one of section 130.30 of the penal law or subdivision one of section 39 130.45 of the penal law, the affirmative defenses set forth, respective- 40 ly, in the closing paragraph of such section of the penal law shall 41 apply. 42 § 3. Subdivision 8 of section 50-e of the general municipal law, as 43 amended by chapter 24 of the laws of 1988, is amended to read as 44 follows: 45 8. Inapplicability of section. (a) This section shall not apply to 46 claims arising under the provisions of the workers' compensation law, 47 the volunteer firefighters' benefit law, or the volunteer ambulance 48 workers' benefit law or to claims against public corporations by their 49 own infant wards. 50 (b) This section shall not apply to any claim made for physical, 51 psychological or other injury or condition suffered as a result of 52 conduct which would constitute a sexual offense as defined in article 53 one hundred thirty of the penal law committed against a child less than 54 eighteen years of age, incest as defined in section 255.27, 255.26 or 55 255.25 of the penal law committed against a child less than eighteen 56 years of age, or the use of a child in a sexual performance as definedS. 9190 3 1 in section 263.05 of the penal law committed against a child less than 2 eighteen years of age. 3 § 4. Section 50-i of the general municipal law is amended by adding a 4 new subdivision 5 to read as follows: 5 5. Notwithstanding any provision of law to the contrary, this section 6 shall not apply to any claim made against a city, county, town, village, 7 fire district or school district for physical, psychological, or other 8 injury or condition suffered as a result of conduct which would consti- 9 tute a sexual offense as defined in article one hundred thirty of the 10 penal law committed against a child less than eighteen years of age, 11 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 12 committed against a child less than eighteen years of age, or the use of 13 a child in a sexual performance as defined in section 263.05 of the 14 penal law committed against a child less than eighteen years of age. 15 § 5. Section 10 of the court of claims act is amended by adding a new 16 subdivision 10 to read as follows: 17 10. Notwithstanding any provision of law to the contrary, this section 18 shall not apply to any claim to recover damages for physical, psycholog- 19 ical, or other injury or condition suffered as a result of conduct which 20 would constitute a sexual offense as defined in article one hundred 21 thirty of the penal law committed against a child less than eighteen 22 years of age, incest as defined in section 255.27, 255.26 or 255.25 of 23 the penal law committed against a child less than eighteen years of age, 24 or the use of a child in a sexual performance as defined in section 25 263.05 of the penal law committed against a child less than eighteen 26 years of age. 27 § 6. Subdivision 2 of section 3813 of the education law, as amended by 28 chapter 346 of the laws of 1978, is amended to read as follows: 29 2. Notwithstanding anything to the contrary hereinbefore contained in 30 this section, no action or special proceeding founded upon tort shall be 31 prosecuted or maintained against any of the parties named in this 32 section or against any teacher or member of the supervisory or adminis- 33 trative staff or employee where the alleged tort was committed by such 34 teacher or member or employee acting in the discharge of his duties 35 within the scope of his employment and/or under the direction of the 36 board of education, trustee or trustees, or governing body of the school 37 unless a notice of claim shall have been made and served in compliance 38 with section fifty-e of the general municipal law. Every such action 39 shall be commenced pursuant to the provisions of section fifty-i of the 40 general municipal law; provided, however, that this section shall not 41 apply to any claim to recover damages for physical, psychological, or 42 other injury or condition suffered as a result of conduct which would 43 constitute a sexual offense as defined in article one hundred thirty of 44 the penal law committed against a child less than eighteen years of age, 45 incest as defined in section 255.27, 255.26 or 255.55 of the penal law 46 committed against a child less than eighteen years of age, or the use of 47 a child in a sexual performance as defined in section 263.05 of the 48 penal law committed against a child less than eighteen years of age. 49 § 7. Section 219-c of the judiciary law, as added by chapter 506 of 50 the laws of 2011, is amended to read as follows: 51 § 219-c. Crimes involving sexual assault and the sexual abuse of 52 minors; judicial training. The office of court administration shall 53 provide training for judges and justices with respect to crimes involv- 54 ing sexual assault and the sexual abuse of minors.S. 9190 4 1 § 8. This act shall take effect immediately; provided, however that 2 section seven of this act shall take effect six months after this act 3 shall have become a law. 4 PART B 5 Section 1. Paragraph (a) of subdivision 1 of section 413 of the social 6 services law, as amended by section 7 of part C of chapter 57 of the 7 laws of 2018, is amended to read as follows: 8 (a) The following persons and officials are required to report or 9 cause a report to be made in accordance with this title when they have 10 reasonable cause to suspect that a child coming before them in their 11 professional or official capacity is an abused or maltreated child, or 12 when they have reasonable cause to suspect that a child is an abused or 13 maltreated child where the parent, guardian, custodian or other person 14 legally responsible for such child comes before them in their profes- 15 sional or official capacity and states from personal knowledge facts, 16 conditions or circumstances which, if correct, would render the child an 17 abused or maltreated child: any physician; registered physician assist- 18 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 19 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 20 psychologist; registered nurse; social worker; emergency medical techni- 21 cian; licensed creative arts therapist; licensed marriage and family 22 therapist; licensed mental health counselor; licensed psychoanalyst; 23 licensed behavior analyst; certified behavior analyst assistant; hospi- 24 tal personnel engaged in the admission, examination, care or treatment 25 of persons; member of the clergy; a Christian Science practitioner; 26 school official, which includes but is not limited to school teacher, 27 school guidance counselor, school psychologist, school social worker, 28 school nurse, school administrator or other school personnel required to 29 hold a teaching or administrative license or certificate; full or part- 30 time compensated school employee required to hold a temporary coaching 31 license or professional coaching certificate; social services worker; 32 employee of a publicly-funded emergency shelter for families with chil- 33 dren; director of a children's overnight camp, summer day camp or trav- 34 eling summer day camp, as such camps are defined in section thirteen 35 hundred ninety-two of the public health law; day care center worker; 36 school-age child care worker; provider of family or group family day 37 care; employee or volunteer in a residential care facility for children 38 that is licensed, certified or operated by the office of children and 39 family services; or any other child care or foster care worker; mental 40 health professional; substance abuse counselor; alcoholism counselor; 41 all persons credentialed by the office of alcoholism and substance abuse 42 services; employees, who are expected to have regular and substantial 43 contact with children, of a health home or health home care management 44 agency contracting with a health home as designated by the department of 45 health and authorized under section three hundred sixty-five-l of this 46 chapter or such employees who provide home and community based services 47 under a demonstration program pursuant to section eleven hundred fifteen 48 of the federal social security act who are expected to have regular and 49 substantial contact with children; peace officer; police officer; 50 district attorney or assistant district attorney; investigator employed 51 in the office of a district attorney; or other law enforcement official. 52 § 2. Subdivision 1 of section 413 of the social services law is 53 amended by adding three new paragraphs (e), (f) and (g) to read as 54 follows:S. 9190 5 1 (e) Unless the person confessing or confiding waives the privilege 2 pursuant to section four thousand five hundred five of the civil prac- 3 tice law and rules, a member of the clergy or duly accredited Christian 4 Science practitioner shall not be required to make a report as required 5 by paragraph (a) of this subdivision if the confession or confidence was 6 made to him or her in his or her professional character as spiritual 7 advisor. 8 (f) The provisions for paragraph (e) of this subdivision shall not be 9 deemed to exempt a member of the clergy or Christian Science practition- 10 er from any other requirements of law to prevent the perpetrator from 11 committing additional acts of abuse. 12 (g) For the purposes of this subdivision the term "member of the cler- 13 gy" shall have the same meaning as defined under subdivision four of 14 section four hundred twenty-nine-a of this article. 15 § 3. Article 6 of the social services law is amended by adding a new 16 title 6-B to read as follows: 17 TITLE 6-B 18 REPORTS OF CHILD ABUSE TO LAW ENFORCEMENT 19 Section 429-a. Definitions. 20 429-b. Persons and officials required to report cases of 21 suspected child abuse to law enforcement authorities. 22 429-c. Penalties for failure to report. 23 429-d. Immunity from liability. 24 429-e. Training. 25 § 429-a. Definitions. For the purposes of this title the following 26 terms shall have the following meanings: 27 1. "Child abuse" shall mean any of the following acts committed 28 against a child by persons or officials defined under section four 29 hundred twenty-nine-b of this title, who are eighteen years of age or 30 older: (a) intentionally or recklessly inflicting physical injury, 31 serious physical injury or death, or (b) intentionally or recklessly 32 engaging in conduct which creates a substantial risk of such physical 33 injury, serious physical injury or death, or (c) any child sexual abuse 34 as defined in this section, or (d) conduct prohibited by article one 35 hundred thirty or two hundred sixty-three of the penal law, or (e) the 36 commission or attempted commission against a child of the crime of 37 disseminating indecent materials to minors pursuant to article two 38 hundred thirty-five of the penal law. 39 2. "Child" shall mean a person under the age of eighteen years. 40 3. "Law enforcement authorities" shall mean a municipal police depart- 41 ment, sheriff's department, the division of state police or any officer 42 thereof. Notwithstanding any other provision of law, law enforcement 43 authorities shall not include any child protective service or any socie- 44 ty for the prevention of cruelty to children as such terms are defined 45 in section four hundred twenty-three of this article. 46 4. "Member of the clergy" shall mean any duly authorized pastor, 47 rector, deacon, priest, rabbi, pandit, swami, guru, granthi, imam, moul- 48 vi, maulana and a person having authority from, or in accordance with, 49 the rules and regulations of the governing ecclesiastical body of the 50 denomination or order, if any, to which the church belongs, or otherwise 51 from the church or synagogue to preside over and direct the spiritual 52 affairs of the church or synagogue. 53 5. "Religious institution" shall mean a religious corporation created 54 to enable its members to meet for divine worship or other religious 55 observances or a congregation, society, or other assemblage of personsS. 9190 6 1 who are accustomed to statedly meet for divine worship or other reli- 2 gious observances, without having been incorporated for that purpose. 3 § 429-b. Persons and officials required to report cases of suspected 4 child abuse to law enforcement authorities. 1. The following persons and 5 officials are required to report or cause a report to be made to the 6 appropriate law enforcement authorities when they have reasonable suspi- 7 cion to believe that in their professional or official capacity an act 8 of child abuse has occurred: any physician; registered physician assist- 9 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 10 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 11 psychologist; registered nurse; emergency medical technician; hospital 12 personnel engaged in the admission, examination, care or treatment of 13 persons; member of the clergy; a Christian Science practitioner; school 14 official, which includes but is not limited to a school teacher, school 15 guidance counselor, school psychologist, school social worker, school 16 nurse, school administrator or other school personnel required to hold a 17 teaching or administrative license or certificate, or full or part-time 18 compensated school employee required to hold a temporary coaching 19 license or professional coaching certificate; social services worker; 20 director of a children's overnight camp, summer day camp or traveling 21 summer day camp, as such camps are defined in section thirteen hundred 22 ninety-two of the public health law; day care worker; provider of family 23 or group family day care; employee or volunteer in a residential care 24 facility or any other child care or foster care worker; mental health 25 professional; substance abuse counselor; alcoholism counselor; peace 26 officer; police officer; district attorney or assistant district attor- 27 ney; investigator employed in the office of a district attorney; or 28 other law enforcement official. 29 (a) Unless the person confessing or confiding waives the privilege, 30 pursuant to section four thousand five hundred five of the civil prac- 31 tice law and rules, a member of the clergy, or duly accredited Christian 32 Science practitioner, shall not be required to make a report as required 33 pursuant to subdivision one of this section if the confession or confi- 34 dence was made to him or her in his or her professional character as 35 spiritual advisor. 36 (b) When a member of the clergy has reasonable suspicion to believe 37 that an act of child abuse has occurred based upon information received 38 other than through a confession or confidence made pursuant to paragraph 39 (a) of this subdivision, then such member of the clergy shall promptly 40 make a report as required by this subdivision notwithstanding the fact 41 that he or she may have also received a report of child abuse through a 42 confession or confidence made pursuant to paragraph (a) of this subdivi- 43 sion. 44 (c) The provisions of paragraph (a) of this subdivision shall not be 45 deemed to exempt a member of the clergy from any other requirements of 46 law to prevent the perpetrator from committing additional acts of abuse. 47 2. Nothing in this title shall be construed to require the report of 48 information by a person required to report herein when such information 49 is otherwise privileged from disclosure by law. 50 § 429-c. Penalties for failure to report. 1. Any person required by 51 this title to report a case of suspected child abuse who willfully fails 52 to do so shall be guilty of a class A misdemeanor. 53 2. Any person required by this title to report a case of suspected 54 child abuse who knowingly and willfully fails to do so shall be civilly 55 liable for the damages proximately caused by such failure to report.S. 9190 7 1 § 429-d. Immunity from liability. Any person who reasonably and in 2 good faith makes a report of allegations of child abuse as required 3 pursuant to this title shall have immunity from any liability, civil or 4 criminal, that might otherwise result by reason of such actions. 5 § 429-e. Training. 1. All persons or officials required to report 6 cases of suspected child abuse to law enforcement employed on or after 7 the effective date of this title shall be required to complete two hours 8 of coursework or training regarding the identification and reporting of 9 child abuse and maltreatment. The coursework or training shall be 10 obtained from an institution or provider which has been approved by the 11 department to provide such coursework or training. The coursework or 12 training shall include information regarding the physical and behavioral 13 indicators of child abuse and maltreatment and the statutory reporting 14 requirements set forth under this title as well as sections four hundred 15 thirteen through four hundred twenty of this article, including but not 16 limited to, when and how a report must be made, what other actions the 17 reporter is mandated or authorized to take, the legal protections 18 afforded reporters, and the consequences for failing to report. The 19 department shall be authorized to publish a list of persons who are not 20 in compliance with this subdivision on its website. 21 2. The coursework or training required by this section shall not apply 22 to those persons already required to undergo coursework or training 23 regarding the identification and reporting of child abuse and maltreat- 24 ment pursuant to any other pertinent section of law. 25 § 4. Paragraph (b) of subdivision 4 of section 240.50 of the penal 26 law, as amended by section 1 of part G of chapter 501 of the laws of 27 2012, is amended and a new paragraph (c) is added to read as follows: 28 (b) any person required to report cases of suspected child abuse or 29 maltreatment pursuant to subdivision one of section four hundred thir- 30 teen of the social services law or to report cases of suspected abuse or 31 neglect of a vulnerable person pursuant to section four hundred ninety- 32 one of such law, knowing that the person is required to report such 33 cases, and with the intent that such an alleged occurrence be reported 34 to the statewide central register or vulnerable persons' central regis- 35 ter[.], or 36 (c) any person required to report cases of suspected child abuse to 37 law enforcement pursuant to title six-B of article six of the social 38 services law. 39 § 5. This act shall take effect on the ninetieth day after it shall 40 have become a law; provided, however that the form used to report 41 suspected cases of child abuse be revised, as necessary, by the office 42 of children and family services prior to the effective date of this act 43 so that it is applicable for reporting to law enforcement agencies. 44 PART C 45 Section 1. Paragraph (b) of subdivision 1 of section 740 of the labor 46 law, as added by chapter 660 of the laws of 1984, is amended and a new 47 paragraph (h) is added to read as follows: 48 (b) "Employer" means any person, firm, partnership, institution, 49 corporation, except a corporation formed other than for profit, or asso- 50 ciation that employs one or more employees. 51 (h) "Corporation formed other than for profit" is a corporation as 52 defined by subdivision thirteen of section sixty-six of the general 53 construction law, except that for purposes of this section such defi- 54 nition shall not apply to a general hospital, as defined in section twoS. 9190 8 1 thousand eight hundred one of the public health law, incorporated other 2 than for profit. 3 § 2. The labor law is amended by adding a new section 742 to read as 4 follows: 5 § 742. Retaliatory personnel action by employers of corporations 6 formed other than for profit; prohibition. 1. Definitions. As used in 7 this section, the following terms shall have the following meanings: 8 (a) "Employee" means a person who performs services for and under the 9 control and direction of an employer for wages or other remuneration. 10 (b) "Employer" means a corporation formed other than for profit that 11 employs one or more employees. 12 (c) "Law, rule or regulation" includes any duly enacted federal, state 13 or local statute or ordinance or any rule or regulation promulgated 14 pursuant to any federal, state or local statute or ordinance. 15 (d) "Public body" includes the following: 16 (i) the United States Congress, any state legislature, or any elected 17 local governmental body, or any member or employee thereof; 18 (ii) any federal, state, or local court, or any member or employee 19 thereof, or any grand or petit jury; 20 (iii) any federal, state, or local regulatory, administrative, or 21 public agency or authority, or instrumentality thereof; or 22 (iv) any federal, state, or local law enforcement agency, prosecutori- 23 al office, or police or peace officer. 24 (e) "Retaliatory personnel action" means the discharge, suspension or 25 demotion of an employee, or other adverse employment action taken 26 against an employee in the terms and conditions of employment. 27 (f) "Supervisor" means any individual within an employer's organiza- 28 tion who has the authority to direct and control the work performance of 29 the affected employee; or who has managerial authority to take correc- 30 tive action regarding the violation of law, rule or regulation of which 31 the employee complains. 32 (g) "Corporation formed other than for profit" is a corporation as 33 defined by subdivision thirteen of section sixty-six of the general 34 construction law. A general hospital, as defined in section two thou- 35 sand eight hundred one of the public health law, shall not fall within 36 the meaning of a "corporation formed other than for profit" for purposes 37 of this section. 38 (h) "Improper action" shall mean any action by an employer or employee 39 of a corporation formed other than for profit, which is undertaken in 40 the performance of their official duties, whether or not such action is 41 within the scope of employment, and which is in violation of any feder- 42 al, state or local law, rule or regulation. 43 2. Prohibitions. An employer shall not take any retaliatory personnel 44 action against an employee because such employee does any of the follow- 45 ing: 46 (a) discloses, or threatens to disclose to a supervisor or to a public 47 body an activity, policy or practice of the employer that is in 48 violation of any law, rule or regulation which violation creates and 49 presents a substantial and specific danger to the public health or safe- 50 ty, or which the employee reasonably believes to be true and reasonably 51 believes constitutes an improper action; 52 (b) provides information to or testifies before any public body 53 conducting an investigation, hearing or inquiry into any such violation 54 of a law, rule or regulation by such employer; or 55 (c) objects to, or refuses to participate in any such activity, policy 56 or practice in violation of a law, rule or regulation.S. 9190 9 1 3. Application. The protection against retaliatory personnel action 2 provided by paragraph (a) of subdivision two of this section pertaining 3 to disclosure to a public body shall not apply to an employee who makes 4 such disclosure to a public body unless the employee has brought the 5 activity, policy or practice in violation of law, rule or regulation to 6 the attention of a supervisor of the employer and has afforded such 7 employer a reasonable opportunity to correct such activity, policy or 8 practice. Employer notification shall not be required pursuant to this 9 subdivision when an employee discloses an improper action pertaining to 10 endangering the welfare of a child. 11 4. Violation; remedy. (a) An employee who has been the subject of a 12 retaliatory personnel action in violation of this section may institute 13 a civil action in a court of competent jurisdiction for relief as set 14 forth in subdivision five of this section within one year after the 15 alleged retaliatory action was taken. 16 (b) Any action authorized by this section may be brought in the county 17 in which the alleged retaliatory personnel action occurred, in the coun- 18 ty in which the complainant resides, or in the county in which the 19 employer has its principal place of business. 20 (c) It shall be a defense to any action brought pursuant to this 21 section that the personnel action was predicated upon grounds other than 22 the employee's exercise of any rights protected by this section. It 23 shall also be a defense that the individual was an independent contrac- 24 tor. 25 5. Relief. In any action brought pursuant to subdivision four of this 26 section, the court may order relief as follows: 27 (a) an injunction to restrain continued violation of this section; 28 (b) the reinstatement of the employee to the same position held before 29 the retaliatory personnel action, or to an equivalent position; 30 (c) the reinstatement of full fringe benefits and seniority rights; 31 (d) the compensation for lost wages, benefits and other remuneration; 32 and 33 (e) the payment by the employer of reasonable costs, disbursements, 34 and attorneys' fees. 35 6. Employer relief. A court, in its discretion, may also order that 36 reasonable attorneys' fees and court costs and disbursements be awarded 37 to an employer if the court determines that an action brought by an 38 employee under this section was without basis in law or in fact. 39 7. Publication. An employer shall notify all new employees in writing 40 of their protections, rights and obligations under this section. A 41 notice shall also be posted conspicuously on the premises of such 42 employer regarding the protections, rights and obligations provided for 43 within this section. 44 8. Existing rights. Nothing in this section shall be deemed to dimin- 45 ish the rights, privileges, or remedies of any employee under any other 46 law or regulation or under any collective bargaining agreement or 47 employment contract; except that the institution of an action in accord- 48 ance with this section shall be deemed a waiver of the rights and reme- 49 dies available under any other contract, collective bargaining agree- 50 ment, law, rule, or regulation or under the common law. 51 § 3. This act shall take effect immediately; provided, however that 52 all current employees of an employer protected pursuant to this act 53 shall be provided written notice of their protections, rights and obli- 54 gations upon the effective date of this act. 55 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 56 sion, section or part of this act shall be adjudged by a court of compe-S. 9190 10 1 tent jurisdiction to be invalid, such judgement shall not affect, impair 2 or invalidate the remainder thereof, but shall be confined in its opera- 3 tion to the clause, sentence, paragraph, subdivision, section or part 4 thereof directly involved in the controversy in which such judgement 5 shall have been rendered. It is hereby declared to be the intent of the 6 legislature that this act would have been enacted even if such invalid 7 provisions had not been included herein. 8 § 4. This act shall take effect immediately, provided, however, that 9 the applicable effective date of Parts A through C of this act shall be 10 as specifically set forth in the last section of such Part.