STATE OF NEW YORK ________________________________________________________________________ 3730 2021-2022 Regular Sessions IN SENATE January 30, 2021 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to require a workgroup to investigate and report about licensing and the difficulties encountered by military spouses (Part A); to amend the education law, in relation to the authority of the state to certify persons to teach who are not graduates of teacher education programs (Part B); to amend the education law, in relation to adopting the interstate nursing licensure compact (Part C); to amend the gener- al business law, the insurance law and the real property law, in relation to licensing of military spouses with out-of-state licenses in equivalent occupations (Part D) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law components of legislation relating 2 to the "Military Spouse Act of 2021". Each component is wholly contained 3 within a Part identified as Parts A through D. The effective date for 4 each particular provision contained within such Part is set forth in the 5 last section of such Part. Any provision in any section contained within 6 a Part, including the effective date of the Part, which makes reference 7 to a section "of this act", when used in connection with that particular 8 component, shall be deemed to mean and refer to the corresponding 9 section of the Part in which it is found. Section three of this act 10 sets forth the general effective date of this act. 11 PART A 12 Section 1. State agencies are hereby directed to help spouses of 13 members of the armed forces of the United States, national guard or 14 reserves transfer teaching certificates or professional certifications 15 to their new home state. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08047-01-1S. 3730 2 1 § 2. The department of labor and the division of veterans' affairs 2 shall establish a workgroup to identify licensing requirements for work- 3 force shortage areas and to study, in conjunction with the relevant 4 licensing entities, whether comparable military training could substi- 5 tute for current licensing requirements, and manners in which state 6 agencies, regulatory bodies and licensing entities can adopt procedures 7 sensitive to the difficulties encountered by military spouses. The work- 8 group shall submit any findings, including any recommendations for 9 legislative action to the governor, the temporary president of the 10 senate and the speaker of the assembly by January 1, 2022. 11 § 3. This act shall take effect immediately. 12 PART B 13 Section 1. Subdivision 1 of section 3006 of the education law is 14 amended by adding a new paragraph f to read as follows: 15 f. An alternative placement certificate to any person: 16 (1) Who meets the eligibility requirements of the troops for teachers 17 program operated by the United States department of defense and managed 18 by the defense activity for non-traditional education support organiza- 19 tion; and 20 (2) Who meets the requirements set forth in section three thousand 21 eight-a of this article. 22 § 2. The education law is amended by adding a new section 3008-a to 23 read as follows: 24 § 3008-a. Alternative teaching certification. 1. The commissioner 25 shall issue a one-year, nonrenewable middle or secondary level alterna- 26 tive teaching certification to teach to any person who has attained 27 certification by an alternative teacher certification organization as 28 set forth in subdivision three of this section and has met the require- 29 ments of section three thousand four-b of this article. 30 2. Notwithstanding any provision of law to the contrary, teachers 31 issued an alternative teaching certification pursuant to this section 32 shall participate in the mentoring program provided by the alternative 33 teacher certification organization as set forth in subdivision three of 34 this section. Upon successful completion of such mentoring program, 35 completion of the application and payment of the certification fee as 36 set forth in section three thousand six of this article or as prescribed 37 by the commissioner, the commissioner shall issue the teacher a certif- 38 icate to teach. 39 3. For purposes of this section, the commissioner shall identify an 40 alternative teacher certification organization that was founded with 41 grant funding from the United States department of education and that 42 developed pursuant to the passport to teaching program administered by 43 the American board for certification of teacher excellence. The organ- 44 ization shall require candidates to hold a bachelor's degree, pass a 45 professional teaching knowledge exam, pass a subject area exam and pass 46 a background check. The organization shall provide candidates with 47 access to workshops, an experienced teacher-advisor and optional access 48 to comprehensive subject matter refresher courses. The organization 49 shall also provide an intensive mentoring and induction program. 50 § 3. This act shall take effect on the ninetieth day after it shall 51 have become a law. Effective immediately, the addition, amendment and/or 52 repeal of any rule or regulation necessary for the implementation of 53 this act on its effective date are authorized to be made and completed 54 on or before such effective date.S. 3730 3 1 PART C 2 Section 1. The education law is amended by adding a new section 6912 3 to read as follows: 4 § 6912. Interstate nurse licensure compact. 1. The interstate nurse 5 licensure compact is hereby enacted into law and entered into with all 6 jurisdictions legally joining therein in the form substantially as 7 follows: 8 INTERSTATE NURSE LICENSURE COMPACT 9 ARTICLE I. 10 Findings and Declaration of Purpose 11 (a) The party states find that: 12 (1) The health and safety of the public are affected by the degree of 13 compliance with and the effectiveness of enforcement activities related 14 to state nurse licensure laws; 15 (2) Violations of nurse licensure and other laws regulating the prac- 16 tice of nursing may result in injury or harm to the public; 17 (3) The expanded mobility of nurses and the use of advanced communi- 18 cation technologies as part of our nation's healthcare delivery system 19 require greater coordination and cooperation among states in the areas 20 of nurse licensure and regulation; 21 (4) New practice modalities and technology make compliance with indi- 22 vidual state nurse licensure laws difficult and complex; and 23 (5) The current system of duplicative licensure for nurses practicing 24 in multiple states is cumbersome and redundant to both nurses and 25 states. 26 (b) The general purposes of this Compact are to: 27 (1) Facilitate the states' responsibility to protect the public's 28 health and safety; 29 (2) Ensure and encourage the cooperation of party states in the areas 30 of nurse licensure and regulation; 31 (3) Facilitate the exchange of information between party states in the 32 areas of nurse regulation, investigation, and adverse actions; 33 (4) Promote compliance with the laws governing the practice of nursing 34 in each jurisdiction; and 35 (5) Invest all party states with the authority to hold a nurse 36 accountable for meeting all state practice laws in the state in which 37 the patient is located at the time care is rendered through the mutual 38 recognition of party state licenses. 39 ARTICLE II. 40 Definitions 41 As used in this Compact: 42 (a) "Adverse action" means a home or remote state action. 43 (b) "Alternative program" means a voluntary, non-disciplinary monitor- 44 ing program approved by a nurse licensing board. 45 (c) "Coordinated licensure information system" means an integrated 46 process for collecting, storing, and sharing information on nurse licen- 47 sure and enforcement activities related to nurse licensure laws, which 48 is administered by a non-profit organization composed of and controlled 49 by state nurse licensing boards. 50 (d) "Current significant investigative information" means:S. 3730 4 1 (1) Investigative information that a licensing board, after a prelimi- 2 nary inquiry that includes notification and an opportunity for the nurse 3 to respond if required by state law, has reason to believe is not 4 groundless and, if proved true, would indicate more than a minor infrac- 5 tion; or 6 (2) Investigative information that indicates that the nurse represents 7 an immediate threat to public health and safety regardless of whether 8 the nurse has been notified and had an opportunity to respond. 9 (e) "Home state" means the party state which is the nurse's primary 10 state of residence. 11 (f) "Home state action" means any administrative, civil, equitable or 12 criminal action permitted by the home state's laws which are imposed on 13 a nurse by the home state's licensing board or other authority including 14 actions against an individual's license such as: revocation, suspension, 15 probation or any other action which affects the nurse's authorization to 16 practice. 17 (g) "Licensing board" means a party state's regulatory body responsi- 18 ble for issuing nurse licenses. 19 (h) "Multistate licensure privilege" means current, official authority 20 from a remote state permitting the practice of nursing as either a 21 registered nurse or a licensed practical/vocational nurse in such party 22 state. All party states have the authority, in accordance with existing 23 state due process law, to take actions against the nurse's privilege 24 such as: revocation, suspension, probation or any other action which 25 affects a nurse's authorization to practice. 26 (i) "Nurse" means a registered nurse or licensed practical/vocational 27 nurse, as those terms are defined by each party's state practice laws. 28 (j) "Party state" means any state that has adopted this Compact. 29 (k) "Remote state" means a party state, other than the home state, 30 (1) Where the patient is located at the time nursing care is provided, 31 or 32 (2) In the case of the practice of nursing not involving a patient, in 33 such party state where the recipient of nursing practice is located. 34 (l) "Remote state action" means 35 (1) Any administrative, civil, equitable or criminal action permitted 36 by a remote state's laws which are imposed on a nurse by the remote 37 state's licensing board or other authority including actions against an 38 individual's multistate licensure privilege to practice in the remote 39 state, and 40 (2) Cease and desist and other injunctive or equitable orders issued 41 by remote states or the licensing boards thereof. 42 (m) "State" means a state, territory or possession of the United 43 States, the District of Columbia or the Commonwealth of Puerto Rico. 44 (n) "State practice laws" means those individual party state's laws 45 and regulations that govern the practice of nursing, define the scope of 46 nursing practice, and create the methods and grounds for imposing disci- 47 pline. "State practice laws" does not include the initial qualifications 48 for licensure or requirements necessary to obtain and retain a license, 49 except for qualifications or requirements of the home state. 50 ARTICLE III. 51 General Provisions and Jurisdiction 52 (a) A license to practice registered nursing issued by a home state to 53 a resident in that state will be recognized by each party state as 54 authorizing a multistate licensure privilege to practice as a registeredS. 3730 5 1 nurse in such party state. A license to practice licensed 2 practical/vocational nursing issued by a home state to a resident in 3 that state will be recognized by each party state as authorizing a 4 multistate licensure privilege to practice as a licensed 5 practical/vocational nurse in such party state. In order to obtain or 6 retain a license, an applicant must meet the home state's qualifications 7 for licensure and license renewal as well as all other applicable state 8 laws. 9 (b) Party states may, in accordance with state due process laws, limit 10 or revoke the multistate licensure privilege of any nurse to practice in 11 their state and may take any other actions under their applicable state 12 laws necessary to protect the health and safety of their citizens. If a 13 party state takes such action, it shall promptly notify the administra- 14 tor of the coordinated licensure information system. The administrator 15 of the coordinated licensure information system shall promptly notify 16 the home state of any such actions by remote states. 17 (c) Every nurse practicing in a party state must comply with the state 18 practice laws of the state in which the patient is located at the time 19 care is rendered. In addition, the practice of nursing is not limited 20 to patient care, but shall include all nursing practice as defined by 21 the state practice laws of a party state. The practice of nursing will 22 subject a nurse to the jurisdiction of the nurse licensing board and the 23 courts, as well as the laws, in that party state. 24 (d) This Compact does not affect additional requirements imposed by 25 states for advanced practice registered nursing. However, a multistate 26 licensure privilege to practice registered nursing granted by a party 27 state shall be recognized by other party states as a license to practice 28 registered nursing if one is required by state law as a precondition for 29 qualifying for advanced practice registered nurse authorization. 30 (e) Individuals not residing in a party state shall continue to be 31 able to apply for nurse licensure as provided for under the laws of each 32 party state. However, the license granted to these individuals will not 33 be recognized as granting the privilege to practice nursing in any other 34 party state unless explicitly agreed to by that party state. 35 ARTICLE IV. 36 Applications for Licensure in a Party State 37 (a) Upon application for a license, the licensing board in a party 38 state shall ascertain, through the coordinated licensure information 39 system, whether the applicant has ever held, or is the holder of, a 40 license issued by any other state, whether there are any restrictions on 41 the multistate licensure privilege, and whether any other adverse action 42 by any state has been taken against the license. 43 (b) A nurse in a party state shall hold licensure in only one party 44 state at a time issued by the home state. 45 (c) A nurse who intends to change primary state of residence may apply 46 for licensure in the new home state in advance of such change. However, 47 new licenses will not be issued by a party state until after a nurse 48 provides evidence of change in primary state of residence satisfactory 49 to the new home state's licensing board. 50 (d) When a nurse changes primary state of residence by: 51 (1) Moving between two party states, and obtains a license from the 52 new home state, the license from the former home state is no longer 53 valid;S. 3730 6 1 (2) Moving from a non-party state to a party state, and obtains a 2 license from the new home state, the individual state license issued by 3 the non-party state is not affected and will remain in full force if so 4 provided by the laws of the non-party state; 5 (3) Moving from a party state to a non-party state, the license issued 6 by the prior home state converts to an individual state license, valid 7 only in the former home state, without the multistate licensure privi- 8 lege to practice in other party states. 9 ARTICLE V. 10 Adverse Actions 11 In addition to the General Provisions described in Article III, the 12 following provisions apply: 13 (a) The licensing board of a remote state shall promptly report to the 14 administrator of the coordinated licensure information system any remote 15 state actions including the factual and legal basis for such action, if 16 known. The licensing board of a remote state shall also promptly report 17 any significant current investigative information yet to result in a 18 remote state action. The administrator of the coordinated licensure 19 information system shall promptly notify the home state of any such 20 reports. 21 (b) The licensing board of a party state shall have the authority to 22 complete any pending investigations for a nurse who changes primary 23 state of residence during the course of such investigations. It shall 24 also have the authority to take appropriate action or actions, and shall 25 promptly report the conclusions of such investigations to the adminis- 26 trator of the coordinated licensure information system. The administra- 27 tor of the coordinated licensure information system shall promptly noti- 28 fy the new home state of any such actions. 29 (c) A remote state may take adverse action affecting the multistate 30 licensure privilege to practice within that party state. However, only 31 the home state shall have the power to impose adverse action against the 32 license issued by the home state. 33 (d) For purposes of imposing adverse action, the licensing board of 34 the home state shall give the same priority and effect to reported 35 conduct received from a remote state as it would if such conduct had 36 occurred within the home state. In so doing, it shall apply its own 37 state laws to determine appropriate action. 38 (e) The home state may take adverse action based on the factual find- 39 ings of the remote state, so long as each state follows its own proce- 40 dures for imposing such adverse action. 41 (f) Nothing in this Compact shall override a party state's decision 42 that participation in an alternative program may be used in lieu of 43 licensure action and that such participation shall remain non-public if 44 required by the party state's laws. Party states must require nurses 45 who enter any alternative programs to agree not to practice in any other 46 party state during the term of the alternative program without prior 47 authorization from such other party state. 48 ARTICLE VI. 49 Additional Authorities Invested in Party State Nurse Licensing Boards 50 Notwithstanding any other powers, party state nurse licensing boards 51 shall have the authority to:S. 3730 7 1 (a) If otherwise permitted by state law, recover from the affected 2 nurse the costs of investigations and disposition of cases resulting 3 from any adverse action taken against that nurse; 4 (b) Issue subpoenas for both hearings and investigations which require 5 the attendance and testimony of witnesses, and the production of 6 evidence. Subpoenas issued by a nurse licensing board in a party state 7 for the attendance and testimony of witnesses, and/or the production of 8 evidence from another party state, shall be enforced in the latter state 9 by any court of competent jurisdiction, according to the practice and 10 procedure of that court applicable to subpoenas issued in proceedings 11 pending before it. The issuing authority shall pay any witness fees, 12 travel expenses, mileage and other fees required by the service statutes 13 of the state where the witnesses and/or evidence are located. 14 (c) Issue cease and desist orders to limit or revoke a nurse's author- 15 ity to practice in their state; 16 (d) Promulgate uniform rules and regulations as provided for in Arti- 17 cle VIII(c). 18 ARTICLE VII. 19 Coordinated Licensure Information System 20 (a) All party states shall participate in a cooperative effort to 21 create a coordinated data base of all licensed registered nurses and 22 licensed practical/vocational nurses. This system shall include informa- 23 tion on the licensure and disciplinary history of each nurse, as 24 contributed by party states, to assist in the coordination of nurse 25 licensure and enforcement efforts. 26 (b) Notwithstanding any other provision of law, all party states' 27 licensing boards shall promptly report adverse actions, actions against 28 multistate licensure privileges, any current significant investigative 29 information yet to result in adverse action, denials of applications, 30 and the reasons for such denials, to the coordinated licensure informa- 31 tion system. 32 (c) Current significant investigative information shall be transmitted 33 through the coordinated licensure information system only to party state 34 licensing boards. 35 (d) Notwithstanding any other provision of law, all party states' 36 licensing boards contributing information to the coordinated licensure 37 information system may designate information that may not be shared with 38 non-party states or disclosed to other entities or individuals without 39 the express permission of the contributing state. 40 (e) Any personally identifiable information obtained by a party 41 state's licensing board from the coordinated licensure information 42 system may not be shared with non-party states or disclosed to other 43 entities or individuals except to the extent permitted by the laws of 44 the party state contributing the information. 45 (f) Any information contributed to the coordinated licensure informa- 46 tion system that is subsequently required to be expunged by the laws of 47 the party state contributing that information, shall also be expunged 48 from the coordinated licensure information system. 49 (g) The Compact administrators, acting jointly with each other and in 50 consultation with the administrator of the coordinated licensure infor- 51 mation system, shall formulate necessary and proper procedures for the 52 identification, collection and exchange of information under this 53 Compact.S. 3730 8 1 ARTICLE VIII. 2 Compact Administration and Interchange of Information 3 (a) The head of the nurse licensing board, or his or her designee, of 4 each party state shall be the administrator of this Compact for his or 5 her state. 6 (b) The Compact administrator of each party state shall furnish to the 7 Compact administrator of each other party state any information and 8 documents including, but not limited to, a uniform data set of investi- 9 gations, identifying information, licensure data and disclosable alter- 10 native program participation information to facilitate the adminis- 11 tration of this Compact. 12 (c) Compact administrators shall have the authority to develop uniform 13 rules to facilitate and coordinate implementation of this Compact. These 14 uniform rules shall be adopted by party states, under the authority 15 invested under Article VI(d). 16 ARTICLE IX. 17 Immunity 18 No party state or the officers or employees or agents of a party 19 state's nurse licensing board who acts in accordance with the provisions 20 of this Compact shall be liable on account of any act or omission in 21 good faith while engaged in the performance of their duties under this 22 Compact. Good faith in this article shall not include willful miscon- 23 duct, gross negligence or recklessness. 24 ARTICLE X. 25 Entry into Force, Withdrawal, and Amendment 26 (a) This Compact shall enter into force and become effective as to any 27 state when it has been enacted into the laws of that state. Any party 28 state may withdraw from this Compact by enacting a statute repealing the 29 same, but no such withdrawal shall take effect until six months after 30 the withdrawing state has given notice of the withdrawal to the execu- 31 tive heads of all other party states. 32 (b) No withdrawal shall affect the validity or applicability by the 33 licensing boards of states remaining party to the Compact of any report 34 of adverse action occurring prior to the withdrawal. 35 (c) Nothing contained in this Compact shall be construed to invalidate 36 or prevent any nurse licensure agreement or other cooperative arrange- 37 ment between a party state and a non-party state that is made in accord- 38 ance with the other provisions of this Compact. 39 (d) This Compact may be amended by the party states. No amendment to 40 this Compact shall become effective and binding upon the party states 41 unless and until it is enacted into the laws of all party states. 42 ARTICLE XI. 43 Construction and Severability 44 1. (a) This Compact shall be liberally construed so as to effectuate 45 the purposes thereof. The provisions of this Compact shall be severable 46 and if any phrase, clause, sentence or provision of this Compact is 47 declared to be contrary to the constitution of any party state or of the 48 United States or the applicability thereof to any government, agency, 49 person or circumstance is held invalid, the validity of the remainder ofS. 3730 9 1 this Compact and the applicability thereof to any government, agency, 2 person or circumstance shall not be affected thereby. If this Compact 3 shall be held contrary to the constitution of any state party thereto, 4 the Compact shall remain in full force and effect as to the remaining 5 party states and in full force and effect as to the party state affected 6 as to all severable matters. 7 (b) In the event party states find a need for settling disputes aris- 8 ing under this Compact: 9 (1) The party states may submit the issues in dispute to an arbi- 10 tration panel which will be comprised of an individual appointed by the 11 Compact administrator in the home state; an individual appointed by the 12 Compact administrator in the remote state or states involved; and an 13 individual mutually agreed upon by the Compact administrators of all the 14 party states involved in the dispute. 15 (2) The decision of a majority of the arbitrators shall be final and 16 binding. 17 2. For the purposes of the Compact set forth in subdivision one of 18 this section the "head of the nurse licensing board" for this state 19 shall be the secretary to the state board for nursing. 20 3. To facilitate cross-state enforcement efforts, this state shall 21 have the power to recover from the affected nurse the costs of investi- 22 gations and disposition of cases resulting from adverse actions taken by 23 this state against that nurse. 24 4. This Compact is designed to facilitate the regulation of nurses and 25 does not relieve employers from complying with obligations imposed by 26 law or regulation. 27 5. This Compact does not supersede existing labor laws. 28 6. To facilitate workforce planning, the commissioner is authorized to 29 collect employment data on nurses practicing on the multistate privilege 30 in the nurse licensure compact provided that the submission of this data 31 is not a requirement for practice under the multistate privilege. 32 § 2. This act shall take effect on the ninetieth day after it shall 33 have become a law. Effective immediately, the addition, amendment and/or 34 repeal of any rule or regulation necessary for the implementation of 35 this act on its effective date are authorized to be made and completed 36 on or before such effective date. 37 PART D 38 Section 1. The general business law is amended by adding a new arti- 39 cle 2-A to read as follows: 40 ARTICLE 2-A 41 ADMISSION TO A PROFESSION 42 Section 20. Admission to a profession; licensing, certification or 43 registration. 44 § 20. Admission to a profession; licensing, certification or registra- 45 tion. Admission to practice of a profession governed by this chapter in 46 this state is accomplished, where required, by a license, certification 47 or certificate of registration being issued to a qualified applicant by 48 the secretary of state. To qualify for a license, certification or 49 certificate of registration an applicant shall meet the requirements 50 prescribed in the article for the particular profession and shall meet 51 the requirements prescribed in section 3-503 of the general obligations 52 law; provided that, notwithstanding any provision of the law to the 53 contrary, any applicant who is the spouse of a member of the armed forc- 54 es of the United States, national guard or reserves may submit satisfac-S. 3730 10 1 tory evidence of licensure, certification or registration to practice an 2 equivalent occupation issued by any other state, territory, protectorate 3 or dependency of the United States in lieu of the submissions required 4 by the article of this chapter for the particular profession, provided 5 that such license, certification or certificate of registration was 6 granted in compliance with standards which were, in the judgment of the 7 secretary, not lower than those of this state. 8 § 2. Subsection (d) of section 2136 of the insurance law, as added by 9 chapter 687 of the laws of 2003, is amended to read as follows: 10 (d) (1) the applicant's home state awards nonresident insurance 11 producer licenses to residents of this state on the same basis as 12 provided in this subsection; or 13 (2) the applicant is the spouse of a member of the armed forces of the 14 United States, national guard or reserves. 15 § 3. Section 442-g of the real property law is amended by adding a new 16 subdivision 1-a to read as follows: 17 1-a. No nonresident applicant who is the spouse of a member of the 18 armed forces of the United States, national guard, or reserves regularly 19 engaged in the real estate business as a vocation, who maintains a defi- 20 nite place of business and is licensed by any other state, territory, 21 protectorate or dependency of the United States, shall be required to 22 maintain a place of business within this state. The commission shall 23 recognize the license issued by another state to an applicant who is the 24 spouse of a member of the armed forces of the United States, national 25 guard, or reserves as qualification for a license in New York, provided 26 that such license was granted in compliance with standards which were, 27 in the judgment of the secretary, not lower than those of this state. 28 § 4. Section 444-e of the real property law is amended by adding a new 29 subdivision 2-a to read as follows: 30 2-a. Any applicant for a license who is a spouse of a member of the 31 armed forces of the United States, national guard or reserves may submit 32 satisfactory evidence of licensure to practice an equivalent occupation 33 issued by any other state, territory, protectorate or dependency of the 34 United States in lieu of the evidence of education, experience and exam- 35 ination required by subdivision one of this section, provided that such 36 license was granted in compliance with standards which were, in the 37 judgment of the secretary, not lower than those of this state. 38 § 5. This act shall take effect on the ninetieth day after it shall 39 have become a law. Effective immediately, the addition, amendment and/or 40 repeal of any rule or regulation necessary for the implementation of 41 this act on its effective date are authorized to be made and completed 42 on or before such effective date. 43 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 44 sion, section or part of this act shall be adjudged by any court of 45 competent jurisdiction to be invalid, such judgment shall not affect, 46 impair, or invalidate the remainder thereof, but shall be confined in 47 its operation to the clause, sentence, paragraph, subdivision, section 48 or part thereof directly involved in the controversy in which such judg- 49 ment shall have been rendered. It is hereby declared to be the intent of 50 the legislature that this act would have been enacted even if such 51 invalid provisions had not been included herein. 52 § 3. This act shall take effect immediately; provided, however, that 53 the applicable effective date of Parts A through D of this act shall be 54 as specifically set forth in the last section of such Parts.