A BILL TO BE ENTITLED
AN act authorizing the cities of greensboro and winston‑salem to establish a civil service board.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter VII of the Charter of the City of Greensboro, being Chapter 1137 of the 1959 Session Laws, as amended, is amended by adding a new Subchapter to read:
"SUBCHAPTER D. CIVIL SERVICE.
"Sec. 7.45. Civil Service Board.
(a)	There is hereby established as a part of government of the City of Greensboro a Civil Service Board which shall have the powers and perform the duties specified in this Subchapter with respect to the classified service of the City of Greensboro as defined in this section. The city manager shall recommend, and the city council shall approve, funding for the operational needs of the Civil Service Board in the city's annual budget.
(b)	The Civil Service Board (hereinafter "Board") shall consist of five members who shall be appointed as follows: (i) one member who shall be chosen by the city council at a meeting of the council and who shall serve at the pleasure of the council; (ii) two members who shall be elected by the members of the classified service of the city, as defined in this section, at an election held for that purpose and on a normal city workday not less than 10 nor more than 30 days after written notice of the date of the election is provided to each member of the classified service; (iii) one member who shall be chosen by the mutual agreement of the Chief of Police and the Fire Chief; and (iv) one member who shall be selected by majority vote of the four other members already selected or elected at a meeting held within 30 days after the members elected by the classified service have taken office. If a member is not elected by majority vote of the four other members, the city council shall appoint a member to the Board. Members of the Board shall serve two‑year terms. All members of the Board shall be eligible for successive terms, in the same manner in which they were initially selected or elected, and may serve beyond the end of their respective terms until their successors take office. The chair of the Board shall be appointed annually by the city council, or more often as needed, from among the membership of the Board. The members of the Board shall serve without compensation but may be reimbursed for expenses pursuant to policies adopted by the city.
The city council shall, by ordinance not inconsistent with this section, establish the procedure for the election of the representatives of the employees in the classified service and provide for meeting the expenses for the elections. The members of the Board must all be qualified voters of the City of Greensboro, not employed by the city, or serving on the city council. In the event of a vacancy on the Board, the vacancy shall be filled by the body or group that chooses the member, a successor to whom is to be chosen in the manner provided in this subsection for the selection of the member.
(c)	Former employees of the city shall be eligible to serve as members of the Board provided they have been separated from city employment for a period of not less than seven consecutive years prior to becoming members of the Board. No person shall be eligible to serve as a member of the Board if the person, directly or indirectly, through any corporation, partnership, or other entity, or contract, subcontract, or otherwise benefits financially from a business relationship with the city or if the person has an immediate family member or spouse of the immediate family member who, directly or indirectly, through any corporation, partnership, or other entity, or contract, subcontract, or otherwise benefits financially from a business relationship with the city. No person shall engage or benefit, directly or indirectly, from any contractual work or employment with the city for a period of not less than two years following the end of that person's term as a member of the Board.
(d)	The city clerk, or the clerk's designee, shall be the Board Secretary and shall perform all required ministerial functions and duties for the Board, including, but not limited to, the electronic recording of and the preparation of minutes of all Board meetings and hearings, the custody of all Board records, and the posting and issuing of meeting notices to members of the Board and the public in accordance with the Open Meetings Law, Article 33C of Chapter 143 of the General Statutes. The Secretary shall distribute the agenda for regular meetings and the approved minutes for all regular meetings to all city employees. Posting the agenda and minutes on an electronic bulletin board or similar location accessible to all employees shall be sufficient compliance with the distribution requirement under this subsection. To assist the Secretary in performing the functions and duties, all Board meetings shall be electronically recorded and transcripts thereof made available to members of the Board upon request and without charge. All other persons shall be entitled to the recordings and records, upon request, except for those items to which disclosure is prohibited by G.S. 160A‑168, Chapter 132 of the General Statutes, or other laws governing the privacy or confidentiality of employee or personnel records.
(e)	The Board shall meet in January of each year to adopt a regular meeting schedule. The deadline for receiving items for regular Board meetings shall be seven days prior to the meeting. Special meetings may be called by the chair and shall be called upon written request signed by two or more members of the Board and submitted to the Secretary not less than seven days prior to the date of the requested special meeting. The notice for all meetings shall contain a meeting agenda, which shall include a section for other business to hear and consider any other matters related to the Board's functions and duties, and which may be addressed by any member of the Board and by any person in attendance. Within a reasonable time after a meeting, the Board shall supply the city's Director of Human Resources with notification of any actions, reports, or recommendations made by the Board, and the Human Resources Department shall notify affected members of the classified service of actions, reports, and recommendations made by the Board.
(f)	No uniform employees of the city shall be prohibited, directed, or discouraged in any manner by a supervisor from wearing that employee's uniform while in attendance at any meeting of the Board.
(g)	The classified service of the city shall include all officers and employees of the City of Greensboro, except officers elected by the people, the city manager, the Chief of Police, the Deputy Chief of Police, Assistant Chiefs of Police, the Fire Chief, the Deputy Fire Chief, Assistant Fire Chiefs, directors of departments, assistant directors of departments, by whatever title designated in the city's organizational plan, members of advisory boards appointed by directors of departments, the city clerk or any deputy city clerk, members of any board or commission appointed by the council, and employees of independent boards choosing their own employees.
(h)	The Board shall make, and may amend, substantive rules for promoting efficiency in the classified service of the city as authorized in subsection (i) of this section. The rules, and any amendments to the rules, shall be submitted to the council for approval and shall be open to public inspection when filed with the council for approval. The council, after giving members of the classified service and citizens of Greensboro an opportunity to be heard at a public hearing, shall act upon the proposed rules and amendments, and the rules and amendments, when approved by a majority vote of the council, shall be in full force and effect. The Board shall also make, and may amend, procedural rules for the conduct of its official proceedings and functions as provided for by this Subchapter. The council may, before approval, amend the rules or amendments to the rules, submitted to it for approval.
(i)	The rules authorized by subsection (h) of this section, among other things, may provide:
(1)	For the standardization and classification of all positions and employment in the classified service of the city. Such classification into groups and subdivisions shall be based upon and graded according to duties and responsibilities, and so arranged as to promote the filling of the higher grades, so far as practicable, through promotions. The city manager, or the city manager's designee, shall consult representative employees in the police and fire departments to establish criteria to be used to fill each position within those respective departments, including lateral entry positions. If only one respective employee is consulted, he or she shall be a representative chosen by the employees of the respective departments. If a group of two or more employees is established for purposes of this subdivision, at least one‑half of the employees shall be chosen by the employees of the respective department. The Board shall have the authority to approve any criteria established and the criteria shall apply only to persons promoted or hired after the effective date of the approval; provided, however, the Board's approval of criteria established shall not apply to hiring or promotional processes initiated prior to the effective date of this Subchapter nor shall it be construed to authorize the Board to make any hiring decisions.
(2)	For temporary or part‑time employment to meet the transitory or seasonal needs of the city, except no temporary or part‑time employment may occur or continue in violation of applicable State or federal law.
(3)	For the establishment of a probationary period for new city employees prior to employees becoming members of the classified service, except no probationary period or any extension thereof may exceed one year in the aggregate.
(4)	For suspension for purpose of discipline, with or without pay, for not longer than 90 days.
(5)	For discharge or reduction in rank or compensation after the person to be discharged or reduced has, if he or she so requests, been presented by the person responsible for his or her appointment with the reasons therefore specifically stated in writing and has been given an opportunity to be publicly heard in his or her own defense by the Board, in accordance with subsection (k) of this section. The written reasons for the discharge or reduction and any reply in writing thereto by the officer or employee shall be filed with the Director of Human Resources.
(6)	For investigation and keeping a record of the efficiency of officers and employees in the classified service and for requiring markings and reports relative thereto from appointing authorities.
(j)	The council, by majority vote of its total membership, the city manager, or the Board, by majority vote of its total membership, may make official investigations concerning the facts with respect to (i) the operation and enforcement of the provisions of this Subchapter, (ii) the rules established pursuant to the authority granted by this Subchapter, and (iii) the condition of the civil service of the city or any branch thereof, and may refer such matters to the Board for hearing in accordance with subsection (k) of this section, or for further investigation, as appropriate. Any person or body making any investigation authorized or required by this Subchapter shall have the power to subpoena and require the attendance of witnesses. A copy of the report of the investigation shall be filed with the city clerk and be open for public inspection, subject to the provisions of G.S. 160A‑168, Chapter 132 of the General Statutes, or any other law governing the disclosure of public records in this State.
(k)	Whenever any member of the classified service of the city is discharged, suspended, reduced in rank, transferred against his or her will, or denied any promotion or raise in pay which he or she would be entitled to, that member shall be entitled to a hearing before the Board to determine whether the action complained of is justified. The Board may also conduct hearings on such matters as may be referred to it pursuant to subsection (j) of this section.
(l)	Any member of the classified service of the city who desires a hearing shall file a request for hearing with the city clerk within 10 days after learning of the action or omission of which the member complains, but not before the member has exhausted all remedies provided by the grievance procedures established by ordinance or policy of the city. The grievance procedure shall be concluded within 30 days. If the grievance procedure is not concluded within 30 days, the member may proceed as provided in this subsection. Upon receipt of the request for hearing, the city clerk shall set the matter for hearing before the Board at a date not less than five nor more than 15 days from the clerk's receipt of the request. Except for the time for filing the initial request for hearing with the Board, the Board may extend the time for taking action for cause or by agreement of the parties to the proceeding. Any member of the classified service of the city who requests a hearing as authorized by this Subchapter shall be entitled to be represented at the hearing by his or her attorney. For purposes of the hearings, the Board is authorized to issue subpoenas for the attendance of witnesses or the production of documents.
(m)	At the hearing, the burden of proving the justification of the action or omission complained of shall be upon the city, and the member requesting the hearing shall be entitled to inspect and copy any records upon which the city plans to rely upon at the hearing if the records are requested, in writing, by the member or the member's attorney prior to the day set for the hearing.
(n)	Within 10 days after the conclusion of the hearing, the Board shall render its decision in writing. If the Board determines the action or omission complained of is not justified, the Board shall order to rescind whatever action the Board has found to be unjustified and may order the city to take such steps as are necessary for a just conclusion of the matter before the Board. The Board's decision shall contain findings of fact and conclusions and shall be based on competent material and substantial evidence in the record. The Board shall, in writing, immediately inform the city clerk and the member requesting the hearing of the Board's decision.
(o)	Within 10 days of receipt of the Board's decision, either party may appeal to the Superior Court Division of the General Court of Justice for Guilford County for a trial de novo. The appeal shall be effected by filing with the Clerk of Superior Court of Guilford County a petition for trial in superior court, setting out the facts upon which the petitioner relies for relief. If the petitioner desires a trial by jury, the petition shall so state. Upon the filing of the petition, the Clerk of Superior Court of Guilford County shall issue a civil summons as in regular civil action, and the sheriff of Guilford County shall serve the summons and petition on all parties who did not join in the petition for trial. It shall be sufficient service upon the city for the sheriff to serve the petition and summons upon the city clerk. Therefore, the matter shall proceed to trial as any other civil action.
(p)	By a majority vote of those members present and voting at any of its official meetings, the Board may designate independent legal counsel of its choice to advise or represent the Board, or both, on such occasions and in such matters as the majority of those Board members present and voting deem to be appropriate and necessary. The Board shall establish a roster of attorneys from which it may select counsel for the purpose of advising the Board during or in connection with grievance hearings held pursuant to subsection (k) of this section. The list shall be subject to review and approval by the city attorney as to qualifications and fees. The city shall be responsible for the payment of the professional legal services authorized by this subsection. The use of independent counsel for matters other than grievance hearings held pursuant to subsection (k) of this section shall be limited to 20 hours each year. In order to avoid the appearance of any possible conflict of interest, the Office of the City Attorney shall serve as legal advisor to or attorney for the Board, or both, only for those matters or proceedings when specifically requested to do so in a writing that has been signed by no fewer than four members of the Board.
(q)	It shall be the duty of the Board to supervise the execution of the provisions of this Subchapter and the rules adopted pursuant to the authority granted by this Subchapter, and it shall be the duty of all persons in the service of the city to comply with the rules and to aid in their enforcement. Willful or deliberate violation of the provisions of this Subchapter or rules adopted as authorized by this Subchapter by any person shall result in the city taking appropriate disciplinary action up to and including dismissal. Any city employee or any city official who threatens or intimidates other employees from exercising their rights under the provisions of this Subchapter or rules adopted as authorized by this Subchapter shall be subject to the city taking appropriate disciplinary action up to and including dismissal."
SECTION 2.  Article XVI of the Charter of the City of Winston‑Salem, being Chapter 232 of the Private Laws of 1927, as amended, is amended by adding a new section to read:
"Sec. 111.1. Civil Service Board. (a) There is hereby established as a part of the government of the City of Winston‑Salem a Civil Service Board which shall have the powers and perform the duties specified in this section with respect to the classified service of the City of Winston‑Salem as defined in this section. The city manager shall recommend, and the city council shall approve, funding for the operational needs of the Civil Service Board in the city's annual budget.
(b)	The Civil Service Board (hereinafter "Board") shall consist of five members who shall be appointed as follows: (i) one member who shall be chosen by the city council at a meeting of the council and who shall serve at the pleasure of the council; (ii) two members who shall be elected by the members of the classified service of the city, as defined in this section, at an election held for that purpose and on a normal city workday not less than 10 nor more than 30 days after written notice of the date of the election is provided to each member of the classified service; (iii) one member who shall be chosen by the mutual agreement of the Chief of Police and the Fire Chief; and (iv) one member who shall be selected by majority vote of the four other members already selected or elected at a meeting held within 30 days after the members elected by the classified service have taken office. If a member is not elected by majority vote of the four other members, the city council shall appoint a member to the Board. Members of the Board shall serve two‑year terms. All members of the Board shall be eligible for successive terms, in the same manner in which they were initially selected or elected, and may serve beyond the end of their respective terms until their successors take office. The chair of the Board shall be appointed annually by the city council, or more often as needed, from among the membership of the Board. The members of the Board shall serve without compensation but may be reimbursed for expenses pursuant to policies adopted by the city. The city council shall, by ordinance not inconsistent with this section, establish the procedure for the election of the representatives of the employees in the classified service and provide for meeting the expenses for the elections. The members of the Board must all be qualified voters of the City of Winston‑Salem, not employed by the city or serving on the city council. In the event of a vacancy on the Board, the vacancy shall be filled by the body or group that chooses the member, a successor to whom is to be chosen in the manner provided in this subsection for the selection of the member.
(c)	Former employees of the city shall be eligible to serve as members of the Board provided they have been separated from city employment for a period of not less than seven consecutive years prior to becoming members of the Board. No person shall be eligible to serve as a member of the Board if the person, directly or indirectly, through any corporation, partnership, or other entity, or contract, subcontract, or otherwise benefits financially from a business relationship with the city or if the person has an immediate family member or spouse of the immediate family member who, directly or indirectly, through any corporation, partnership, or other entity, or contract, subcontract, or otherwise benefits financially from a business relationship with the city. No person shall engage or benefit, directly or indirectly, from any contractual work or employment with the city for a period of not less than two years following the end of that person's term as a member of the Board.
(d)	The city clerk, or the clerk's designee, shall be the Board Secretary and shall perform all required ministerial functions and duties for the Board, including, but not limited to, the electronic recording of and the preparation of minutes of all Board meetings and hearings, the custody of all Board records, and the posting and issuing of meeting notices to members of the Board and the public in accordance with Article 33C of Chapter 143 of the General Statutes. The Secretary shall distribute the agenda for regular meetings and the approved minutes for all regular meetings to all city employees. Posting the agenda and minutes on an electronic bulletin board or similar location accessible to all employees shall be sufficient compliance with the distribution requirement under this subsection. To assist the Secretary in performing the functions and duties, all Board meetings shall be electronically recorded and transcripts thereof made available to members of the Board upon request and without charge. All other persons shall be entitled to the recordings and records, upon request, except for those items to which disclosure is prohibited by G.S. 160A‑168, Chapter 132 of the General Statutes, or other laws governing the privacy or confidentiality of employee or personnel records.
(e)	The Board shall meet in January of each year to adopt a regular meeting schedule. The deadline for receiving items for regular Board meetings shall be seven days prior to the meeting. Special meetings may be called by the chair and shall be called upon written request signed by two or more members of the Board and submitted to the Secretary not less than seven days prior to the date of the requested special meeting. The notice for all meetings shall contain a meeting agenda, which shall include a section for other business to hear and consider any other matters related to the Board's functions and duties and which may be addressed by any member of the Board and by any person in attendance. Within a reasonable time after a meeting, the Board shall supply the city's Director of Human Resources with notification of any actions, reports, or recommendations made by the Board, and the Human Resources Department shall notify affected members of the classified service of actions, reports, and recommendations made by the Board.
(f)	No uniform employees of the city shall be prohibited, directed, or discouraged in any manner by a supervisor from wearing that employee's uniform while in attendance at any meeting of the Board.
(g)	The classified service of the city shall include all officers and employees of the City of Winston‑Salem, except officers elected by the people, the city manager, the Chief of Police, the Deputy Chief of Police, Assistant Chiefs of Police, the Fire Chief, the Deputy Fire Chief, Assistant Fire Chiefs, directors of departments, assistant directors of departments, by whatever title designated in the city's organizational plan, members of advisory boards appointed by directors of departments, the city clerk or any deputy city clerk, members of any board or commission appointed by the council, and employees of independent boards choosing their own employees.
(h)	The Board shall make, and may amend, substantive rules for promoting efficiency in the classified service of the city as authorized in subsection (i) of this section. The rules, and any amendments to the rules, shall be submitted to the council for approval and shall be open to public inspection when filed with the council for approval. The council, after giving members of the classified service and citizens of Winston‑Salem an opportunity to be heard at a public hearing, shall act upon the proposed rules and amendments, and the rules and amendments, when approved by a majority vote of the council, shall be in full force and effect. The Board shall also make, and may amend, procedural rules for the conduct of its official proceedings and functions as provided for by this section. The council may, before approval, amend the rules or amendments to the rules submitted to it for approval.
(i)	The rules authorized by subsection (h) of this section, among other things, may provide:
(1)	For the standardization and classification of all positions and employment in the classified service of the city. Such classification into groups and subdivisions shall be based upon and graded according to duties and responsibilities, and so arranged as to promote the filling of the higher grades, so far as practicable, through promotions. The city manager, or the city manager's designee, shall consult representative employees in the police and fire departments to establish criteria to be used to fill each position within those respective departments, including lateral entry positions. If only one respective employee is consulted, he or she shall be a representative chosen by the employees of the respective departments. If a group of two or more employees is established for purposes of this subdivision, at least one‑half of the employees shall be chosen by the employees of the respective department. The Board shall have the authority to approve any criteria established and the criteria shall apply only to persons promoted or hired after the effective date of the approval; provided, however, the Board's approval of criteria established shall not apply to hiring or promotional processes initiated prior to the effective date of this section nor shall it be construed to authorize the Board to make any hiring decisions.
(2)	For temporary or part‑time employment to meet the transitory or seasonal needs of the city, except no temporary or part‑time employment may occur or continue in violation of applicable State or federal law.
(3)	For the establishment of a probationary period for new city employees prior to employees becoming members of the classified service, except no probationary period or any extension thereof may exceed one year in the aggregate.
(4)	For suspension for purpose of discipline, with or without pay, for not longer than 90 days.
(5)	For discharge or reduction in rank or compensation after the person to be discharged or reduced has, if he or she so requests, been presented by the person responsible for his or her appointment with the reasons therefore specifically stated in writing and has been given an opportunity to be publicly heard in his or her own defense by the Board, in accordance with subsection (k) of this section. The written reasons for the discharge or reduction and any reply in writing thereto by the officer or employee shall be filed with the Director of Human Resources.
(6)	For investigation and keeping a record of the efficiency of officers and employees in the classified service and for requiring markings and reports relative thereto from appointing authorities.
(j)	The council, by majority vote of its total membership, the city manager, or the Board, by majority vote of its total membership, may make official investigations concerning the facts with respect to (i) the operation and enforcement of the provisions of this section, (ii) the rules established pursuant to the authority granted by this section, and (iii) the condition of the civil service of the city or any branch thereof, and may refer such matters to the Board for hearing in accordance with subsection (k) of this section, or for further investigation, as appropriate. Any person or body making any investigation authorized or required by this section shall have the power to subpoena and require the attendance of witnesses. A copy of the report of the investigation shall be filed with the city clerk and shall be open for public inspection, subject to the provisions of G.S. 160A‑168, Chapter 132 of the General Statutes, or any other law governing the disclosure of public records in this State.
(k)	Whenever any member of the classified service of the city is discharged, suspended, reduced in rank, transferred against his or her will, or denied any promotion or raise in pay which he or she would be entitled to, that member shall be entitled to a hearing before the Board to determine whether the action complained of is justified. The Board may also conduct hearings on such matters as may be referred to it pursuant to subsection (j) of this section.
(l)	Any member of the classified service of the city who desires a hearing shall file a request for hearing with the city clerk within 10 days after learning of the action or omission of which the member complains, but not before the member has exhausted all remedies provided by the grievance procedures established by ordinance or policy of the city. The grievance procedure shall be concluded within 30 days. If the grievance procedure is not concluded within 30 days, the member may proceed as provided in this subsection. Upon receipt of the request for hearing, the city clerk shall set the matter for hearing before the Board at a date not less than five nor more than 15 days from the clerk's receipt of the request. Except for the time for filing the initial request for hearing with the Board, the Board may extend the time for taking action for cause or by agreement of the parties to the proceeding. Any member of the classified service of the city who requests a hearing as authorized by this section shall be entitled to be represented at the hearing by his or her attorney. For purposes of the hearings, the Board is authorized to issue subpoenas for the attendance of witnesses or the production of documents.
(m)	At the hearing, the burden of proving the justification of the action or omission complained of shall be upon the city, and the member requesting the hearing shall be entitled to inspect and copy any records upon which the city plans to rely upon at the hearing if the records are requested, in writing, by the member or the member's attorney prior to the day set for the hearing.
(n)	Within 10 days after the conclusion of the hearing, the Board shall render its decision in writing. If the Board determines the action or omission complained of is not justified, the Board shall order to rescind whatever action the Board has found to be unjustified and may order the city to take such steps as are necessary for a just conclusion of the matter before the Board. The Board's decision shall contain findings of fact and conclusions and shall be based on competent material and substantial evidence in the record. The Board shall, in writing, immediately inform the city clerk and the member requesting the hearing of the Board's decision.
(o)	Within 10 days of receipt of the Board's decision, either party may appeal to the Superior Court Division of the General Court of Justice for Forsyth County for a trial de novo. The appeal shall be effected by filing with the Clerk of Superior Court of Forsyth County a petition for trial in superior court, setting out the facts upon which the petitioner relies for relief. If the petitioner desires a trial by jury, the petition shall so state. Upon the filing of the petition, the Clerk of Superior Court of Forsyth County shall issue a civil summons as in regular civil action, and the sheriff of Forsyth County shall serve the summons and petition on all parties who did not join in the petition for trial. It shall be sufficient service upon the city for the sheriff to serve the petition and summons upon the city clerk. Therefore, the matter shall proceed to trial as any other civil action.
(p)	By a majority vote of those members present and voting at any of its official meetings, the Board may designate independent legal counsel of its choice to advise or represent the Board, or both, on such occasions and in such matters as the majority of those Board members present and voting deem to be appropriate and necessary. The Board shall establish a roster of attorneys from which it may select counsel for the purpose of advising the Board during or in connection with grievance hearings held pursuant to subsection (k) of this section. The list shall be subject to review and approval by the city attorney as to qualifications and fees. The city shall be responsible for the payment of the professional legal services authorized by this subsection. The use of independent counsel for matters other than grievance hearings held pursuant to subsection (k) of this section shall be limited to 20 hours each year. In order to avoid the appearance of any possible conflict of interest, the Office of the City Attorney shall serve as legal advisor to or attorney for the Board, or both, only for those matters or proceedings when specifically requested to do so in a writing that has been signed by no fewer than four members of the Board.
(q)	It shall be the duty of the Board to supervise the execution of the provisions of this section and the rules adopted pursuant to the authority granted by this section, and it shall be the duty of all persons in the service of the city to comply with the rules and to aid in their enforcement. Willful or deliberate violation of the provisions of this section or rules adopted as authorized by this section by any person shall result in the city taking appropriate disciplinary action up to and including dismissal. Any city employee or any city official who threatens or intimidates other employees from exercising their rights under the provisions of this section or rules adopted as authorized by this section shall be subject to the city taking appropriate disciplinary action up to and including dismissal."
SECTION 3.  If any provision of this act shall for any reason be held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portion of this act.
SECTION 4.  All laws, rules, or clauses in conflict with the provisions of this act are hereby superseded or repealed as appropriate.
SECTION 5.  This act is effective when it becomes law.