- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A03049 Summary:
BILL NO | A03049B |
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SAME AS | SAME AS S04075-A |
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SPONSOR | Moya |
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COSPNSR | Heastie, Crespo, Solages, Lentol, Rivera, Arroyo, Barron, Bichotte, Blake, Cook, Cahill, Jean-Pierre, Joyner, De La Rosa, Dickens, Harris, Hooper, Hyndman, Mosley, Ortiz, Peoples-Stokes, Perry, Niou, Pichardo, Otis, Pretlow, Richardson, Rodriguez, Rozic, Ramos, Aubry, Kim, Davila, Sepulveda, Titus, Gantt, O'Donnell, Lifton, Abinanti, Dinowitz, Glick, Nolan, Quart, Simon, Simotas, Carroll, Weprin, Fahy, Gottfried, Jaffee, Seawright, Dilan |
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MLTSPNSR | |
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Add Art 15-AA §§319 - 319-h, Exec L; amd §35, Judy L | |
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Relates to providing access to services, law enforcement and counsel in certain immigration related matters. |
A03049 Floor Votes:
Yes
Abbate
No
Crouch
No
Goodell
Yes
Lifton
Yes
O'Donnell
Yes
Simanowitz
Yes
Abinanti
No
Curran
Yes
Gottfried
No
Lopez
Yes
Ortiz
Yes
Simon
Yes
Arroyo
No
Cusick
No
Graf
Yes
Lupardo
ER
Otis
ER
Simotas
Yes
Aubry
Yes
Cymbrowitz
ER
Gunther
No
Lupinacci
No
Palmesano
Yes
Skartados
No
Barclay
Yes
Davila
Yes
Harris
No
Magee
No
Palumbo
No
Skoufis
No
Barnwell
Yes
De La Rosa
No
Hawley
No
Magnarelli
No
Paulin
Yes
Solages
No
Barrett
Yes
DenDekker
ER
Hevesi
No
Malliotakis
Yes
Peoples-Stokes
No
Stec
Yes
Barron
Yes
Dickens
Yes
Hikind
Yes
Mayer
Yes
Perry
No
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Pheffer Amato
No
Stirpe
Yes
Bichotte
Yes
Dinowitz
No
Hunter
No
McDonough
Yes
Pichardo
Yes
Thiele
Yes
Blake
No
DiPietro
Yes
Hyndman
No
McKevitt
Yes
Pretlow
Yes
Titone
No
Blankenbush
Yes
D'Urso
Yes
Jaffee
No
McLaughlin
Yes
Quart
Yes
Titus
No
Brabenec
No
Englebright
Yes
Jean-Pierre
No
Miller B
No
Ra
ER
Vanel
Yes
Braunstein
No
Errigo
Yes
Jenne
Yes
Miller MG
No
Raia
Yes
Walker
No
Brindisi
Yes
Fahy
No
Johns
No
Miller ML
Yes
Ramos
No
Wallace
Yes
Bronson
Yes
Farrell
No
Jones
No
Montesano
Yes
Richardson
No
Walsh
No
Buchwald
No
Finch
Yes
Joyner
Yes
Morelle
Yes
Rivera
No
Walter
No
Butler
No
Fitzpatrick
Yes
Kavanagh
No
Morinello
ER
Rodriguez
ER
Weinstein
No
Byrne
No
Friend
No
Kearns
Yes
Mosley
Yes
Rosenthal
Yes
Weprin
Yes
Cahill
No
Galef
Yes
Kim
Yes
Moya
Yes
Rozic
Yes
Williams
Yes
Carroll
ER
Gantt
No
Kolb
No
Murray
Yes
Ryan
No
Woerner
No
Castorina
No
Garbarino
No
Lalor
Yes
Niou
ER
Santabarbara
Yes
Wright
Yes
Colton
No
Giglio
Yes
Lavine
Yes
Nolan
No
Schimminger
No
Zebrowski
Yes
Cook
Yes
Gjonaj
ER
Lawrence
No
Norris
Yes
Seawright
Yes
Mr. Speaker
Yes
Crespo
ER
Glick
Yes
Lentol
No
Oaks
Yes
Sepulveda
‡ Indicates voting via videoconference
A03049 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A3049B SPONSOR: Moya
  TITLE OF BILL: An act to amend the executive law and the judiciary law, in relation to access to services, law enforcement and counsel in certain immigration related matters; and to amend the judiciary law, in relation to compen- sation of legal counsel for certain matters   SUMMARY OF PROVISIONS: The executive law is amended to add a new article 15-AA regarding relations with immigrant communities and detention of certain persons. This new article would: *establish definitions; *ensure that people are not unnecessarily questioned about immigration status when seeking state or local services, benefits or assistance; *establish that state or local law enforcement agencies shall not stop, question, investigate or arrest a person based on perceived immigration status or suspected violation of federal immigration law; *generally prohibit law enforcement agencies from inquiring about the immigration status of persons contacting such agencies when in need of assistance, including victims and witnesses; *require state and local agencies and their employees to maintain the confidentiality of immigration status information, unless acting in accordance with 8 U.S.C. § 1373, and other information absent valid consent of the individual; *prohibit the detention of individuals based on administratively-issued immigration detainers and require notification to an individual if an immigration detainer or related request has been filed; *curtail the use of state and local facilities for the purposes of federal immigration enforcement; *establish a right to legal representation for persons subject to removal or deportation proceedings (the bill also amends Judiciary Law § 35 for this purpose);   JUSTIFICATION: Regrettably, some persons in New York State are reluctant to interact with state and local agencies out of fear or mistrust. Regardless of individual immigration status, these persons are concerned with possible immigration-related consequences for themselves or family members upon interacting with law enforcement or other agencies that provide vital services and benefits. While much of immigration law is established at the federal level, there are policies that can be enacted by New York to ensure that persons are not stereotyped, profiled or deterred from accessing services for which they may be eligible. This bill, therefore, includes various measures designed to encourage cooperation and foster positive relations between agency officials and individuals in our state. Consistent with constitutional principles, the bill would prohibit New York state and local law enforcement officials from acting based on suspected federal immigration status or suspected violation of U.S. immigration law, and would prohibit these officials from performing immigration-related duties that are designated by law for federal immigration officials. This would include a prohibition on access and use of state and local governmental facilities, such as jails and detention centers, for the purpose of immigration inquiries, absent request of the individual. People in New York should not be afraid to report crime to the police or seek benefits or services for which they are eligible. A victim of domestic violence, for example, or pedestrian injured by an automobile, should be able to seek help without fear of repercussions. This bill would limit the collection of unnecessary information concerning immi- gration status in these circumstances and others. State and local offi- cials may, in some circumstances, be required by federal law to respond to certain requests regarding immigration status, but federal law does not require that other personal information be shared. This bill also addresses when a civil immigration detainer would be given effect by state and local law correctional authorities. A civil immigration detainer, issued by an agency and not a judge, is a request by a federal immigration agency for temporary detention of an individ- ual. This bill would allow detention based on such a civil administra- tive detainer when the individual named therein has been convicted of a class A felony or violent felony offense and there is documented proba- ble cause to believe the person illegally re-entered the United State after a previous removal, or is listed in the national terrorist screen- ing database, or if a judicial warrant has been issued. California, Connecticut, Illinois and the cities of Philadelphia and New York, for example, have similar laws or executive orders in place. The bill would also help assure due process by providing a right to assigned legal counsel for immigrants in New York who are unable to afford counsel, and who are subject to removal or deportation proceedings. The bill complies with federal law and also sets forth constitutional- ly-permissible state and local procedures that will help assure fair and just treatment for all persons in New York State.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately
A03049 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 3049--B 2017-2018 Regular Sessions IN ASSEMBLY January 25, 2017 ___________ Introduced by M. of A. MOYA, HEASTIE, CRESPO, SOLAGES, LENTOL, FARRELL, RIVERA, ARROYO, BARRON, BICHOTTE, BLAKE, COOK, CAHILL, JEAN-PIERRE, JOYNER, DE LA ROSA, DICKENS, HARRIS, HOOPER, HYNDMAN, MOSLEY, ORTIZ, PEOPLES-STOKES, PERRY, NIOU, PICHARDO, OTIS, PRETLOW, RICHARDSON, RODRIGUEZ, ROZIC, RAMOS, AUBRY, KIM, DAVILA, SEPULVEDA, TITUS, GANTT, O'DONNELL, LIFTON, ABINANTI, DINOWITZ, GLICK, KAVANAGH, NOLAN, QUART, SIMON, SIMOTAS, CARROLL, WEPRIN -- read once and referred to the Committee on Codes -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee AN ACT to amend the executive law and the judiciary law, in relation to access to services, law enforcement and counsel in certain immigration related matters; and to amend the judiciary law, in relation to compensation of legal counsel for certain matters The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new article 15-AA 2 to read as follows: 3 ARTICLE 15-AA 4 ACCESS TO SERVICES AND LAW ENFORCEMENT IN CERTAIN IMMIGRATION RELATED 5 MATTERS 6 Section 319. Definitions. 7 319-a. Access to services, assistance and eligible benefits. 8 319-b. Federal agencies to investigate and enforce federal 9 immigration laws. 10 319-c. Confidentiality of information. 11 319-d. Custody of certain persons: bail and related pre-trial 12 issues. 13 319-e. Civil immigration detainers. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09294-06-7A. 3049--B 2 1 319-f. Limitation on use of certain facilities. 2 319-g. Legal representation. 3 319-h. Effect on other laws. 4 § 319. Definitions. For purposes of this article, the following terms 5 and phrases shall be defined as follows: 6 1. "Agency" shall mean any state or municipal department, board, 7 bureau, division, commission, committee, public authority, public corpo- 8 ration, council, office or other governmental entity performing a 9 governmental or proprietary function for the state or any one or more 10 municipalities thereof. 11 2. "Agent" shall mean any officer, official, employee or volunteer 12 working for, employed by or providing assistance to an agency. 13 3. "Civil immigration detainer" shall mean an administrative request 14 issued pursuant to 8 C.F.R. § 287.7 or any similar request issued by an 15 agency or agent of the United States for the detention of a person 16 suspected of violating the immigration law of the United States. 17 4. "Family or household member" shall mean a family or household 18 member, as defined in subdivision two of section four hundred fifty- 19 nine-a of the social services law. 20 5. "Federal immigration authority" shall mean any officer, employee 21 or person otherwise paid by or acting as an agent of the United States 22 immigration and customs enforcement or any division thereof or any other 23 officer, employee or person otherwise paid by or acting as an agent of 24 the United States department of homeland security or any other federal 25 entity who is charged with enforcement of the provisions of any federal 26 immigration law. 27 6. "Federal law" shall mean a provision of the Constitution of the 28 United States, or a statute or similar provision approved by the 29 Congress of the United States that has been enacted and taken effect. 30 7. "Immigration status" or "immigration status information" shall mean 31 immigration status, lawful or unlawful, of an individual under the laws 32 and regulations of the United States of America. 33 8. "Judicial warrant" shall mean a warrant based on probable cause and 34 issued by a judge serving pursuant to article three of the United States 35 constitution or a federal magistrate judge serving by appointment pursu- 36 ant to 28 U.S.C. § 631, that authorizes a federal immigration authority 37 to take into custody a person who is the subject of such warrant. 38 9. "Law enforcement agency" shall mean any agency that is empowered by 39 law to conduct an investigation or make an arrest for a crime or 40 offense, or any agency that is authorized by law to prosecute or partic- 41 ipate in the prosecution of a crime or offense, or any agency authorized 42 by law to jail, detain or imprison a person under color of law, or any 43 agency employing a police officer, as defined in subdivision thirty-four 44 of section 1.20 of the criminal procedure law or peace officer, as 45 defined in subdivision thirty-three of section 1.20 of the criminal 46 procedure law. 47 10. "Terrorist screening database" shall mean the United States 48 terrorist watch list database lawfully maintained by the terrorist 49 screening center of the government of the United States. 50 § 319-a. Access to services, assistance and eligible benefits. 1. 51 Except where explicitly required by state or federal law for the purpose 52 of verifying eligibility, continued eligibility, or upon recertif- 53 ication, no state or local agency, or agent thereof, may make any 54 inquiry or record any information concerning the immigration status or 55 place of birth of a person who is seeking public assistance and care, as 56 such phrase is defined in subdivision eighteen of section two of theA. 3049--B 3 1 social services law, or seeking any other benefit, assistance or service 2 for himself, herself, or on behalf of a family or household member or 3 any other potential beneficiary. Provided, further, that such informa- 4 tion shall not be used or disclosed to any state or federal agency for 5 any purpose other than verifying eligibility, continued eligibility, or 6 upon recertification. 7 2. Notwithstanding the provisions of subdivision one of this section, 8 limited inquiry of such information concerning the relevant person may 9 be made when such information is requested for the benefit of the person 10 by the office for new Americans established pursuant to section ninety- 11 four-b of this chapter or any other similar agency that is assisting 12 such person in matters related to such person's immigration status, 13 provided that the status of such person shall not be disclosed for any 14 purpose. 15 3. In addition to any other right to the assistance of interpretation 16 or translation services, any foreign-born person, or person not profi- 17 cient in the English language, to whom inquiry is made pursuant to this 18 section shall be entitled to the assistance of a neutral and qualified 19 interpreter or translator, as the case may be, with respect to such 20 inquiry, provided at no cost or expense to such person. 21 § 319-b. Federal agencies to investigate and enforce federal immi- 22 gration laws. 1. No state or local law enforcement agency, or agent 23 thereof, shall stop, question, interrogate, investigate or arrest a 24 person for any of the following: 25 (a) suspected United States immigration or citizenship status 26 violation; 27 (b) suspected violation of the United States immigration law or 28 authorized regulations; or 29 (c) a civil immigration detainer. 30 2. No state or local law enforcement agency, nor any agent thereof, 31 shall make any inquiry or record any information concerning the immi- 32 gration status or place of birth of a person who: (a) contacts, 33 approaches or asks for or is in need of assistance of a law enforcement 34 agency or (b) is stopped, questioned, interrogated, investigated or 35 arrested; except where such immigration status or place of birth infor- 36 mation is an element of a criminal offense in a specific, ongoing law 37 enforcement investigation engaged in by such state or local law enforce- 38 ment agency, or agent thereof, or where such inquiry or recording of 39 such information is otherwise authorized by this article. 40 3. No state or local law enforcement agency, or agent thereof, shall 41 perform the function of or be cross-designated as a federal immigration 42 officer or otherwise engage or significantly assist in the enforcement 43 of federal immigration law, pursuant to 8 U.S.C. § 1357 (g) or any other 44 federal law, regulation or policy. Nothing in this subdivision shall 45 prevent detention of a person in accordance with and to the extent 46 permitted by section three hundred nineteen-e of this article. 47 4. In addition to any other right to the assistance of interpretation 48 or translation services, any foreign-born person, or person not profi- 49 cient in the English language, to whom inquiry is made pursuant to 50 subdivision one or two of this section shall be entitled to the assist- 51 ance of a neutral and qualified interpreter or translator, as the case 52 may be, with respect to such inquiry, provided at no cost or expense to 53 such person. 54 § 319-c. Confidentiality of information. Unless disclosure is required 55 by a lawful court order, no state or local agency, or agent thereof, or 56 state or local law enforcement agency, or agent thereof, shall provideA. 3049--B 4 1 to a federal immigration authority any information collected or obtained 2 with respect to a person in accordance with this article or otherwise, 3 including but not limited to home, work or school address, except that: 4 1. providing immigration status information shall not be prohibited if 5 requested by such federal immigration authority and required to be 6 provided to it in accordance with 8 U.S.C. § 1373 or another federal 7 law; 8 2. the division of criminal justice services or a qualified agency, as 9 defined in subdivision nine of section eight hundred thirty-five of this 10 chapter, may provide criminal history information, as defined in para- 11 graph (c) of subdivision one of section eight hundred forty-five-b of 12 this chapter, when lawfully requested about a specific person and such 13 disclosure is permitted by state law; and 14 3. a state or local agency, or agent thereof, or state or local law 15 enforcement agency, or agent thereof, may provide such information, 16 other than the information described in subdivision one of this section, 17 concerning a person, including but not limited to status as a victim of 18 or witness to suspected criminal activity, home address and/or work 19 address, only with informed written consent of the person and, if 20 represented by counsel, written authorization by such attorney. 21 § 319-d. Custody of certain persons: bail and related pre-trial 22 issues. 1. Except as provided in section three hundred nineteen-e of 23 this article, no state or local law enforcement agency, or agent there- 24 of, or court shall delay or deny release of a person on recognizance or 25 bail, pursuant to article five hundred thirty of the criminal procedure 26 law or otherwise, on the basis of the person's immigration status, a 27 civil immigration detainer, or a federal immigration authority's request 28 for notification about, transfer of, detention of, or interview or 29 interrogation of such person. 30 2. Upon receipt from a federal immigration authority of a civil immi- 31 gration detainer, or a request for transfer, notification, interview, 32 interrogation or other request, a state or local law enforcement agency, 33 or agent thereof, shall promptly notify the person who is the subject of 34 such detainer or request and such person's counsel, provide a copy of 35 such detainer or request, as the case may be, to such person and coun- 36 sel, inform such person of the right to counsel pursuant to the 37 provisions of section three hundred nineteen-g of this article, and 38 inform such person and counsel, reasonably in advance of responding to 39 the federal immigration authority, as to whether or not such agency 40 intends to comply with such detainer or request. 41 3. A person in the custody of a state or local law enforcement agency, 42 or agent thereof, shall be subject to booking, processing, right to 43 counsel, release and transfer procedures, policies and practices of that 44 agency that are at least as protective of individual rights as other 45 persons in such agency's custody, regardless of the person's actual or 46 suspected immigration status. 47 § 319-e. Civil immigration detainers. 1. A state or local law enforce- 48 ment agency, or agent thereof, lawfully holding a person in its custody, 49 may thereafter detain such person solely on the basis of a civil immi- 50 gration detainer, for a single period not exceeding forty-eight hours 51 excluding weekends and holidays, beyond the time when such person would 52 otherwise have been released from such agency's custody, only if: 53 (a) an authorized federal immigration agency presents such state or 54 local law enforcement agency with a judicial warrant for the detention 55 of the person who is the subject of such civil immigration detainer at 56 the time such civil immigration detainer is presented; orA. 3049--B 5 1 (b) notice has been received from a court or any other governmental 2 entity, documenting that the person illegally reentered the United 3 States after a previous removal or return as defined in 8 U.S.C. § 4 1326, and the person stands convicted of a violent felony offense as 5 defined in subdivision one of section 70.02 of the penal law, or a class 6 A felony offense defined in the penal law, or an offense in any other 7 jurisdiction that has the same essential elements of any such violent 8 felony offense or class A felony offense; or 9 (c) such person is identified by such state or local law enforcement 10 agency as a likely match with a person listed in the terrorist screening 11 database. 12 2. Except to the extent that disclosure is required by federal law, no 13 state or local law enforcement agency, or agent thereof, shall provide 14 to a federal immigration authority, or another agency, entity or person 15 on behalf of a federal immigration authority, any information obtained 16 concerning a person who is in or formerly was in the custody of such 17 state or local law enforcement agency, or agent thereof, including but 18 not limited to the person's release date, court appearance date or 19 dates, home, work or school address. 20 3. Nothing in this section shall be construed to confer any authority 21 on an entity to detain a person based on a civil immigration detainer 22 beyond the authority, if any, to do so that existed prior to the enact- 23 ment of this section. 24 § 319-f. Limitation on use of certain facilities. 1. No state or local 25 law enforcement agency, or agent thereof, shall provide a federal immi- 26 gration agency, or agent thereof, with access to an individual in such 27 law enforcement agency's custody or control. 28 2. Notwithstanding the provisions of subdivision one of this section, 29 a person in the custody of a state or local law enforcement agency may 30 request to be interviewed by a federal law enforcement agency or an 31 agent thereof only with knowing and voluntary written consent of the 32 individual and, if represented by counsel, written authorization by such 33 counsel, provided that if such individual is not represented and is 34 entitled to counsel assigned pursuant to section three hundred nine- 35 teen-g of this article or article eighteen-B of the county law, he or 36 she shall be notified of such right and provided a reasonable opportu- 37 nity to obtain such counsel before any such interview. 38 3. In addition to any other right to the assistance of interpretation 39 or translation services, any foreign-born person, or person not profi- 40 cient in the English language, to whom inquiry is made pursuant to this 41 section shall be entitled to the assistance of a neutral and qualified 42 interpreter or translator, as the case may be, with respect to such 43 inquiry, provided at no cost or expense to such person. 44 4. Except as provided in subdivision two of this section, federal 45 immigration authorities shall not be permitted to use or maintain, for 46 the purpose of interviewing any person or witness or investigating or 47 adjudicating any alleged violation of federal immigration law, any 48 office or quarters in any building or facility or any land owned, leased 49 or operated by a state or local law enforcement agency; provided, howev- 50 er that the federal Executive Office for Immigration Review, pursuant to 51 an otherwise lawful agreement with the state department of corrections 52 and community supervision, may make use of offices in one or more build- 53 ings or facilities operated as state correctional facilities in this 54 state for the purpose of conducting adjudicatory hearings involving 55 alleged violation of federal immigration law.A. 3049--B 6 1 § 319-g. Legal representation. 1. A person unable to afford counsel 2 against whom a removal proceeding may be or has been commenced, shall be 3 entitled to representation by assigned counsel and related assistance, 4 pursuant to subdivision one of section thirty-five of the judiciary law, 5 when the person: 6 (a) was present in this state when questioned, taken into custody, 7 charged, summoned or presented with the allegations of the removal 8 proceedings, and the person resides or is detained in either this state 9 or an adjoining state; or 10 (b) resided in this state when questioned, taken into custody, 11 charged, summoned or presented with the allegations of the removal 12 proceedings, and the person continues to reside in this state or an 13 adjoining state, or if detained, continues to be detained in either this 14 state or an adjoining state. 15 2. Representation and related assistance provided in accordance with 16 subdivision one of this section shall be a state charge, pursuant to 17 subdivision one of section thirty-five of the judiciary law. 18 § 319-h. Effect on other laws. This article shall supersede conflict- 19 ing local laws, rules, policies, procedures and practices, except to the 20 extent that the provisions of any such local law, rule, policy or any 21 such procedure or practice may provide any additional or greater right 22 or protection. Nothing in this article shall prohibit any entity from 23 cooperating with a federal immigration authority to the extent required 24 by federal law. Nothing in this article shall be interpreted or applied 25 so as to create any power, duty or obligation in conflict with federal 26 law. 27 § 2. The opening paragraph of paragraph a of subdivision 1 of section 28 35 of the judiciary law is designated as subparagraph (i) and a new 29 subparagraph (ii) is added to read as follows: 30 (ii) Persons providing assigned counsel and related assistance in 31 immigration-related matters pursuant to section three hundred nineteen-g 32 of the executive law shall be compensated in accordance with this 33 section. In any case where a person entitled to assigned representation 34 pursuant to section three hundred nineteen-g of the executive law 35 petitions the criminal court of the city of New York, the county court 36 or district court, with jurisdiction where the person is to be ques- 37 tioned or detained, or is detained, or was charged in such immigration- 38 related matter, or most recently resided, the court shall assign coun- 39 sel, with appropriate expertise and experience in immigration-related 40 matters, in accordance with this section. 41 § 3. Severability. If any clause, sentence, subdivision, paragraph, 42 section or other part of this act shall be adjudged by any court of 43 competent jurisdiction to be invalid, such judgment shall not affect, 44 impair or invalidate the remainder thereof, but shall be confined in its 45 operation to the clause, sentence, subdivision, paragraph, section or 46 part thereof directly involved in the controversy in which such judgment 47 shall have been rendered. 48 § 4. This act shall take effect immediately.