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HomeMy WebLinkAbout02/06/1997 BAKERSFIELD Jacquie Sullivan, Chair Irma Carson Patricia J. DeMond Staff: Trudy Slater NOTICE OF A SPECIAL MEETING LEGISLATIVE AND LITIGATION COMMITTEE OF THE CITY COUNCIL Thursday, February 6, 1997 12:00 noon City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA AGENDA 1. ROLL CALL 2. APPROVAL OF NOVEMBER 18, 1996 SPECIAL MEETING MINUTES 3. PRESENTATIONS - 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS None 6. NEW BUSINESS A. LEGISLATIVE PLATFORM B. CHEMICAL AND BIOLOGICAL WEAPONS TESTING 7. SET NEXT MEETING 8. ADJOURNMENT January 27, 1997 Ir ministrative Analyst TS:jp FILE COPY B A-K E R S F [ E L D Alan ,~;~iifi'dy, ~-ity Manager / Randy Rowles, Chair Staff: Trudy Slater ,~ Irma Carson " Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Special Meeting Monday, November 18. 1996 4:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 5:06 p.m. Members present: Councilmembers Randy Rowles. Chair: Jacquie Sullivan and Irma Carson 2. APPROVAL OF OCTOBER 8, 1996 SPECIAL MEETING MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS None - DRAFT Agenda Summary Report Legislative and Litigation Committee November 18. 1996 Page -2- 6. NEW BUSINESS A. ORDINANCE AMENDING CHAPTER 2.04 REGARDING COUNCIL MEETINGS The Legislative and Litigation Committee reviewed proposed changes submitted by City Attorney Judy Skousen. who stated that the changes reflected the Council's current procedures as well as resolved conflicts between differing sections of the existing ordinance. Additionally, under combined sections 2.04.100 and 2.04.110. the Mayor, as presiding officer, will recognize people to speak. A majority vote of the Council can overrule the Mayors dec~sion. Section 2.04.070 (B) was changed to reflect that five affirmative votes rather than a two-thirds affirmative vote was necessary to change the order of business at a noticed meeting. City Attorney Skousen indicated that the Mayor suggested constraining public comments to 15 minutes per topic. She indicated that Council can extend the time slqould it so desire. Section 2.04.150 (D) was changed to clarify, what a first reading was. City Attorney Skousen indicated that the Mayor felt that a first reading should be any w~ere on the agenda, and the Committee concurred in eliminating in the proposed language the words "as 'New Business' or 'Public Hearings.'" The Committee concurred with the prol2osed changes. A motion was made. seconded and passed to submit the proposed changes to Council as amended The item is calendared for the agenda of November 20. No committee report is necessary. 7. ADJOURNMENT The meeting adjourned at 5:30 p.m. Staff Attendees: City Manager Alan Tandy. City Attorney Judy Skousen, Administrative Analyst Trudy Slater Public Attendees: None ~P:'L&L,Li 11896.MIN) CITY OF BAKERSFIELD 1996LEGISLATIVE PLATFORM THE CiTY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. IT, THEREFORE, IS INCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP WITHIN THE'CITeS BORDERS AS WELL AS WHEN DEALING WITH OTHER LEGISLATIVE ENTITIES. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CiTY OF BAKERSFIELD FOR 1996. GENERAL POLICY STATEMENT,R SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER CITY STATUS TO ALLOW FOR DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. " SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. OPPOSE LEGISLATION WHICH ALLOWS STATE CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT REVENUE SOURCES. OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMY. ~qUALITY OF LIFF SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS AIR AND WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION IN STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES CONTINUED FUNDING OF RECREATIONAL AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION THAT CALLS FOR APPROPRIATE MUNICIPAL REPRESENTATION ON POLICY-MAKING BODIES WITH INTER JURISDICTIONAL POWERS (I.E., LAFCO, COG, ID-4). SUPPORt LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. GENEEAL GOVEENMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CiTY PROGRAMS. SUPPORT LEGISLATION WHICH FACILITATES AND EXPEDITES MUNICIPAL ANNEXATION EFFORTS. OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS. FINANCES SUPPORT LEGISLATION WHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES ARE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH PROMOTES CONTINUED ECONOMIC DIVERSIFICATION OF THE LOCAL ECONOMY. SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES. SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT°S ABILITY TO FINANCE DISCRETIONARY PROGRAMS. OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MAT~ERS. 'Kern County Administrative Office County Administrative Center 1115 Truxtun Avenue, Fifth Floor · ~3akersfietd. CA 93301-4639 JOEL A. HEINRICHS Telephone 805-861-237'1 · FAX §05-325-3979 · T~ Relay 800-735-2929 . / 6oun~ Administrative Ol'iicer ~ ~ 14, 1997 Board of Supe~iso~ Kern Co~ Ad~a~ve ~115 T~ Avenue Bakersfi~d, CA 93301 1997 LEGISLA~ P~O~ ~DING: NO ~S~L I~A~ Atta~ is ~e 1~7 le~sla~ve p~ffo~ for ~e Co~ ~ K~ I~ p~ p~ ~ to p~de a basis for q~& ~sp~ by the Co~ Adm~s~afive ~ and ~e Co~'s le~la~ve consulm~ as issu~ a~se. ~e plaffo~ also idenhfi~ ~e Co~'s le~la~ pM~ to h~p guide ~s office and Co~W d~a~ m r~omm~dmg le~a~ postfix. the 1996 Le~la~ve Plaffo~ are shown as s~u~; addi~om appe~ m it~. ~e propos~ p~ has b~ develop~ ~ resp~e m ~rd m~ ~d c~~ c~, r~t le~~ ~ g~eral. ~e plaffo~ cail~ for l~al d~i~ ma~g as w~l as pro.de l~al s~s as effidently as possible, ~d it s~ ~e Co~'s le~fi~ ~ to p~e and b~d Kern Co~'s job base ~d to ~prove ~e re~m~ d~am f~ ~ busings. Pa~ emph~ is ~Ven ~ the ne~ to p~e 1~ revenues for 1~ p~o~, to p~de ~11 State ~d F~eral ~dmg to co~ for ~dat~ pro.ams ~d ~ r~ S~ and F~ welf~e laws in ways w~ch do not s~t the cost burd~ to co~. ~is plaff~ is ~ded to s~e as a reference point as dehbera~ pro~ ~ ~e Sm~ ~d Federal budg~ and m other policy ~as. ~ IS ~CO~E~ ~at the Board ad~t ~e 1997 ~la~ve Pla~. S~c~y, IAH:AK:Xle~Ia~.~d A~a~ent All D~a~ ~cha~d ~ lira COUNTY OF KERN 1997-~LEGISLATIVE PLATFORM General Principles The County of Kern supports leg/slation which provides governmental decision making at the level closest to thc people whenever it is likely to produce thc most effective and efficient results. We support ]eg/slation which improves the County's ability to finance and to efficiently administer both mandated and discretionary services while opposing legislation which creates mandates without State or Federal funding sources to carry them out. It shall also be our general legislative aim to preserve and build the County's job base and to improve the regulatory climate for private enterprise. Local Control Land Use - We support legisiat/on which promotes local land use authority and which authorizes, but does not mandate, the formation of regional alliances. Programs - Counties requi~ local control over program scope and implementation, including the ability to privat/ze services when it is more cost-efficient to do so. Legislat/on and administrative changes are also needed which simplify, consolidate, standardize, reduce or eliminate data-gathering, reporting and licensing requirements imposed on counUes wherever possible. Admimstrative bun/cas should be reduced, not increased, for local government and those whom we arc mandated to regulate. Employee Relations and Benefits - State legislation should not intrude into the local collective bargaining process nor interfere with the county's ability to manage and to compensate its employees as it sees fit. We supporl reforms in Civil Service laws to allow counties to rely solely upon the collective bargaining process to establish terms and conditions of employment. We support reforms in disability retirement statutes to remove incentives for abuse of this system. County Finances Revenue. Fees and Taxation - The integrity and stability of the pwpa~ tax as a local government revenue source must be restotvA and preserved. The State must not infringe on local administration of prolnmy taxes, and local taxing agencies should share the full cost of property tax administration with courgie$. In addition, counties r~luire greater authority to generate local revenues to finance diso~-tionnry services. ~,, -- ~:,,;.,,.y ..... ,- ....... , ........ ,-,..j - Federal and local -- dictates that any proposed new or increased fe~s must represent the actual cost of regulation. There should be no local maintenance of effort to receive state gasoline tax funds. Finally, we oppose any legislation which would enact an oil severance tax on California producers. State and Federal Mandated Prozram$: State Inter~st Programs - Ali mandated programs mu~t be fully and equitably funded by the mandating authority with no r~quirement to use local revenues. Mandated programs which are not fully funded should be made optional at the local level, and counties should have broad management authority of all mandated programs. In addition, we support legislation to prohibit ballot initiatives from imposing unfunded requirements for new or expanded State programs. County Services Criminal Jtl~tice and Public Protection - Public protection is the most important obligation of cc)untie.n, which administer the local porUon of California's criminal justice system. Delegation of criminal justice responsibilities to counties is meaningless without adequate funding. Counties cannot implore the speed, County of Kern 1996 Legislanve Platform Page 2 efficiency and effectiveness of criminal justice unless countT boards of supervisors receive greater budget and policy control over all executive elements of thc local justice system. We support full State funding for Kern County trial courts together with the appropriate number of state funded judicial positions. Until full State funding is achieved, county boards of supel~sors must exercise control over court personnel. The County sul~0orts an equitable parmership with the State in helping to relieve the overcrowded state corrections system, but not at the expense of local public safety, Health and Social Sern4ces- The County recognizes and supports the need to refoun Stnte and Federal health and welfare entitlement programs. Welfare reforms must provide the incentive, opportunities and ~ support services to move recipients from public assistance to serf-sufficiency, achieve adminilttative savings. minimize the potential for fraud and abuse and ensure that welfare grants ate used for their intended purpose of meeting the basic needs of children and their caretakers. Counties must have sufficient program flexibility to coordinate and consolidate the delivery of services to children, adults, senior citizens and veterans as cost- effectively as possible. We support curbing the cost of Medicaid, but hospitals operated by California counties must no~ beat an unfair share of the burden and they must retain the flexibility to compete with private providers in delivering managed care Medicaid services. Medicaid dispropornonate share funding should be more closely targeted to public /tospga~ which serve the highest numbers of low-incorn~ and nonpaying patients. All of the above reforms will be incomplete without repeal or revision of Section 17000 of the Welfare and Institutions Code, which requires counties to provide health and welfare services to all indigent re~ident~ and which cannes huge financial risks for counties ~f State and Federal health and welfare funds ate reduced as expected. In addition, legislation transferring General Assistance responsibility fi'om counties to the State should be enacted so that welfare reforms do not simply shift costs to counties by expanding G.A. rolls. Transportation - We support legislation which provides equitable S~_te and Federal funding for toads, highways, and public transit and which promotes the timely development of local transportation ptojecta at counties' discretion. We support continued state funding and assistance formula~ for grade ~eparat~on projects. Quality of Life Services - We support legislation to proWde State funding assistance for local iibratie& parks and museums. Environmental Quality - In carrying out State and Federal mandates for environmental ~on and waste disposal, the County must retain the ability to manage programs efficiently, cost-effec~vely and without excessive permitting reclmrements. Toward that ann, we support streamlining of environmental regulations and consolidation of permitting in order to reduce costs and unnecessary delays. We support Federal Endangered Spt~zies Act amendments which limit the Act's scope and atnhonty, balance social and economic benefits with species protection, ensure that policies are based on goc~ science and which require full compensation for private property that is taken for purposes of the Act. We support stable water supplies for urban and agricultural uset~ in Kern County and changes in State Water prOJect user charges which more closely reflect actual water deliveries. ?Ltv of Bakersfield *REPRINT* .,. WORK REQUEST PAGE 1 REQ/JOB: WF00!2637 / 001 PROJECT: DATE PRINTED: i[27197 REQUEST DATE: 1/08/97 CREW: SCHEDULE DATES STAR'f': ±Z08Z97 LOCATION: COMPLETION: 1/21/97 GEN. LOC: CITY WIDE FACILITY NODES FROM: FACILITY ID: TO: REF NBR: PUBLIC ~'±'m'±'~. REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: REFERRAL - SALVAGGIO ORIGIN: CITY COUNCIL REFERRAL WORK TYPE: REFERRAL DESCRIPTION: CHEMICAL & BIOLOGICAL WEAPONS TESTING CONTACT JOHN CAMPBELL Phone ! 805 - 8369020 ( ~ 1405 WHITE LANE #4 Phone 2 - Bakersfield, CA 93307 REQUEST COMMENTS ***REFERRAL TO LEGISLATIVE & LITIGATION COMM - SLATER*** COUNCIL REFERRED THE ISSUE OF THE U.S. GOVERNMENT USING CIVILIANS, WITHOUT THEIR KNOWLEDGE, TO TEST CHEMICAL & BIOLOGICAL WEAPONS TO LEGISLATIVE & LITIGATION COMMITTEE FOR REVIEW AND REPORT BACK TO COUNCIL ON HOW THIS AFFECTS THE COMMUNITY, WHETHER WE SHOULD BE IN OPPOSITION AND SHOULD WE SEND A LETTER TO THE LEGISLATORS. ***PLEASE NOTIFY MR. CAMPBELL OF THE COMMITTEE MEETING TIME AND PLACE*** JOB ORDER DESCRIPTION: CHEMICAL & BIOLOGICAL WEAPONS TESTING Category: LEGISLATIVE & LITIGATION TASK: RESPONSE TO REFERRAL ASSIGNED DEPARTMENT: LEGISLATION & LITIGATION START DATE __/__/__ COMPLETION DATE / / ~ by De~t of D~e~: at~~ tO ~0~ ~ ~ ~ ~ppty the Cow~t~ on A~ ~~ of the H~ of R~tat~m ~th a ~ a~unting ~ ~h p~ for ~nting m ~~ ~ sc~ c~~ ~ ~e mi~y ~ ~nmg ~ :he date of ~ch (2) hrm~ph (1) ~ apply to t~ a~ ~~nm c~~ by P. L 97.37). Ti~ II, ) 203(m~I). ~ S~t. 1822.) H~RY; ANCILLARY ~WS ANO ~l~lV~ T~b ~, ~ ~, 83 ~t. 2~, ~h c~~ the ~pter. ~ ~ t~e ~mte and Ho~ ~ R~mti~ ~ ~mr than § 1521. Destrm'tton of exisling slock~ile of lethal chemical asem~ and nnmitions (a} In I~eral. NotW~thstar~mg an,, other provimon ~ tab. the Secrmar? of BOSB3B9020 JOHN CAh~ELL PAGE ..... -.,.~ pK f~c . Oerk~ A~t (~) ~.7613 ~mml: a~~e~'l~'~v hum~ juneau ~ing to t~ O~cs or the ~si.~ut ~ the 9~ o~ ~f~ for Ch~iolo~t M~tte~, neither ls~, ~t ~oe o[~ ~n~e ~i~ee on A~ 8s~ees. In ~dition, ~ction iS~b ~ohibi~ c~l~ ~~' ~t 8~h~nt) Throe re~ous u~ m~ to D0~ The ~6 D~ Auth~i~atson A~t (P.~. 10~1~) ./17/1995 18:38 8058369020 JOHN C~MPBELL PC~SE 82 p~ou ~ ~d~ to t~ ~ r~remen~.~.~ge2, end ~ ~199~ A~h~~ Aet ~ealed mo~er ata~u~ (10 USC, r~ o~ the bi~o~c~ de~ ~h pR~m w~eh pro~d~ repose ~ve ~n Bu~rsed,d by the ~~ d~l on ~D's ~ ~e~h effete. Hen~f~b ~ mil also ~n~ the DOD I hm~ I~ ~pimm o[ the ~i~mn~ ~a~tes ~d ~o~ ~ui~mmnte- ~ DrI~IC e~n be ~taazed b~ phone (q08)-E2J~3~i2. World Wi~ Web bttp://www, dt. ic.miildtieldoco~d"r-½tml, or msord~,s~dtic.mit. MEMORANDUM January 24, 1997 TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS; LEGISLATIVE AND LITIGATION COMMITTEE: JACQUlE SULLIVAN, CHAIR PATRICIA DeMOND IRMA CARSON FROM: JUDY K. SKOUSEN, CITY ATTORNEY SUBJECT: CHEMICAL WEAPON AND BIOLOGICAL TESTING ON CIVILIAN POPULATION Councilmember Salvaggio requested that my office research the federal laws concerning the testing of chemical weapons on the civilian population. Mr. Campbell, 1405 White Lane, 836-9020, complained that federal law permitted testing chemical weapons on citizens without their permission at our last Council meeting. This issue was referred to Legislative and Litigation Committee. Mr. Campbell referred to Title 50, Section 1520. This statute, however, must be read in conjunction with Title 10, Section 980, which prohibits the Department of Defense from using funds for research involving a human being as an experimental subject unless the informed consent of the subject is obtained in advance. Title 50, Section 1520 of the United States Code discusses the procedure which the Department of Defense must follow regarding conducting experiments with chemical or biological warfare agents on human subjects. This section was enacted in 1977 as part of a very large Department of Defense/Military appropriations bill. However, in 1984, Title 10, Section 980, was enacted. This section specifically prohibits funds appropriated to the Department of Defense from being used for experiments involving human beings unless the test subjects or their legal representatives give informed consent prior to such experiments. The Congressional Research Service put out a memo on January 6, 1996, regarding chemical and biological warfare testing. This memo indicates that the Department of Defense prepares an annual report to Congress regarding the status of THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGE HONORABLE MAYOR AND CITY COUNCILMEMBERS Page 2 January 24, 1997 chemical and biological warfare defense. As part of this report, the Department certifies that no testing on human subjects has been undertaken. Copies of the report may be ordered from the Defense Technical Information Center by calling (703) 225-3842. Because Title 10, Section 980 prohibits the Defense Department from conducting any type of experiments on human subjects without their informed consent, there would appear to be no need for any Council action at this time. If you need further information, please feel free to contact me. JKS\LCM\bsb\ff Enclosure cc: Alan Tandy, City Manager Trudy Slater, Administrative AnaLyst S :~COUNCiLWIE MOS",CH EMICAL.M EM THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGE From the U.S. Code Online via GPO Access [wais. access, gpo. gov] [Laws in effect as of January 16, 1996] [Document not affected by Public Laws enacted between January 16, 1996 and August 28, 1996] [CITE: 10USC980] TITLE 10-ARMED FORCES Subtitle A--General Military Law PART II--PERSONNEL CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES Sec. 980. Limitation on use of humans as experimental subjects Funds appropriated to the Department of Defense may not be used for research involving a human being as an experimental subject unless- (1) the informed consent of the subject is obtained in advance; or (2) in the case of research intended to be beneficial to the subject, the informed consent of the subject or a legal representative of the subject is obtained in advance. (Added Pub. L. 98-525, title XIV, Sec. 1401(c)(1), Oct. 19, 1984, 98 Stat. 2615.) Prior Provisions Provisions similar to those in this section were contained in the following appropriation acts: Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8029], Oct. 12, 1984, 98 Stat. 1904, 1929. Pub. L. 98-212, title VII, Sec. 734, Dec. 8, 1983, 97 Stat. 1444. Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 737], Dec. 21, 1982, 96 Stat. 1833, 1857. Pub. L. 97-114, title VII, Sec. 738, Dec. 29, 1981, 95 Stat. 1585. Pub. L. 96-527, title VII, Sec. 739, Dec. 15, 1980, 94 Stat. 3088. Pub. L. 96-154, title VII, Sec. 741, Dec. 21, 1979, 93 Stat. 1159. Pub. L. 95-457, title VIII, Sec. 841, Oct. 13, 1978, 92 Stat. 1251. Pub. L. 95-111, title VIII, Sec. 840, Sept. 21, 1977, 91 Stat. 906. A:\GPOGATE · Pub. L. 94--419, title VII, Sec. 739, Sept. 22, 1976, 90 Stat. 1297. Pub. L. 94-212, title VII, Sec: 740, Feb. 9, 1976, 90 Stat. 175. Pub. L. 93-437, title VIII, Sec. 841, Oct. 8, 1974, 88 Stat. 1231. Pub. L. 93-238, title VII, Sec. 743, Jan. 2, 1974, 87 Stat. 1045. Pub. L. 92-570, title VII, Sec. 745, Oct. 26, 1972, 86 Stat. 1203. Effective Date Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98-525, set out as a note under section 520b of this title. A:~GPOGATE