or the provisions of any other law to the contrary, where it shall appear that a person who is convicted of any indictable offense under the laws of this State, any other state or the United States is seeking government records containing personal information pertaining to the person's victim or the victim's family, including . 14:98.4. Notwithstanding any other provision of law, amounts made available to provide assistance under the emergency conserva-tion program established under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 1) Confusion as to its meaning Notwithstanding any other law, in all actions or proceedings brought pursuant to Section 21167, except as provided in Section 21167.6.2 or those involving the Public Utilities Commission, all of the following shall apply: (a) At the time that the action or proceeding is filed, the plaintiff or petitioner shall file a request that the respondent . Notwithstanding legal use means creating exceptions to the rules of a contract. In so doing, they often apply general 0188). This is done by including a section in the law clearly specifying which rights . I first encountered it in Section 111(d) of the Aviation and Transportation Security Act (ATSA) that created the Transportation Security Administration. Subd. the authority to include or agree to include in any settlement, agreement or other resolution of any claim, the factual foundation for. The term "employer" means any person or entity covered by the definition of "employer" set forth in subdivision 6 of section 651 of the labor law or any person or entity covered by the definition of "employer" set forth in in 29 U.S.C. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) Notwithstanding any other provision of this chapter, a dwelling, other than a frame dwelling, three stories or less in height erected after April eighteenth, nineteen hundred twenty-nine as a one or two-family dwelling may be converted to a multiple dwelling to be occupied by not more than three families in all, with a maximum occupancy of two families on each floor in a two story . opinions and responses from other people. The foregoing . (a) Notwithstanding any other. (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to: Virginia Code 8.01-220: "Notwithstanding any other provision of law to the contrary, no civil action shall lie or be maintained in this Commonwealth for alienation of affection, breach of . Tex. Login to enter a peer comment (or grade) 22 mins confidence: "notwithstanding any other provision of the law," probation shall not be granted. First Millennium, Inc., 607 F.3d 905, 917 (2d Cir 2010) ("This Court has recognized many times that under New York law, clauses similar to the phrase '(n)otwithstanding any other provision' trump conflicting contract terms"); In re Gulf Oil/Cities Serv. Can you sue . Notwithstanding any other provision of this section, the term "employer" does not 134 STAT. That's because it's very difficult for the other party to argue that a notwithstanding provision is a separate or limited function of another provision. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or (b) by a corporation, contributions to which are deductible under section 170(c)(2 . Notwithstanding any other provision of this Act, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropria-tions at the beginning of fiscal year 2021 because of distributions How to use notwithstanding in a sentence. Health and Safety Code § 171.208. notwithstanding synonyms, notwithstanding pronunciation, notwithstanding translation, English dictionary definition of notwithstanding. The Parliament of Canada, a provincial legislature or a territorial legislature may declare that one of its laws or part of a law applies temporarily ("notwithstanding") countermanding sections of the Charter, thereby nullifying any judicial review by overriding the Charter protections for a limited period of time. The State Treasurer or the State Treasurer's designee shall have If this act contains any provisions that might be in contradiction to the spirit of this act, it will still stand. (4) On a conviction of a fourth or subsequent offense violation of the provisions of this Section, notwithstanding any other provision of law to the contrary and regardless of whether the fourth or subsequent offense occurred before or after an earlier conviction, the offender shall be sentenced under the provisions of R.S. Notwithstanding any other provision of law, a person convicted of battery upon a law enforcement officer committed in furtherance of a riot or an aggravated riot prohibited under s. 870.01 shall be sentenced to a minimum term of imprisonment of 6 months. represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in University of San Diego Libraries. CA Fam Code § 3025 (2017) Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be denied to a parent because that parent is not the child's custodial parent. Now, using a Respondents Should Be Aware That Notwithstanding Any Other Provision Of Law, No Person Shall Be requires a maximum of 5 minutes. Notwithstanding any other provision of law, the board of supervisors may by ordinance abolish the office of coroner and provide instead for the office of medical examiner, to be appointed by the said board and to exercise the powers and perform the duties of the coroner. " Notwithstanding anything to the contrary," for example, means that a clause overrides anything that might later contradict it. 2018). 2.Other cases.Notwithstanding any other law, a prosecuting witness in any case involving criminal sexual conduct as defined in sections 609.342, 609.343, 609.344, and 609.345, or sexual extortion in section 609.3458 may choose to be accompanied by a supportive person, whether or not a witness, at the omnibus or other pretrial hearing. ATSA allowed TSA to create hiring and firing rules "notwithstanding any other provision of law." Related Subjects: (5) Bill drafting -- United States. Notwithstanding any other law, a court shall deny a petition for a name change pursuant to Section 1276 made by a person who is required to register as a sex offender under Section 290 of the Penal Code, unless the court determines that it is in the best interest of justice to grant the petition and that doing so will not adversely affect the public safety. (a) Notwithstanding any other law, a provision within a settlement agreement that prevents the disclosure of factual information related to the action is prohibited in any civil action the factual foundation for which establishes a cause of action for civil damages for any of the following: (1) An act that may be prosecuted as a felony . (a) Notwithstanding any other law, any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political 11362.1. Notwithstanding in a contract is often misused. (c) Any other provision of law notwithstanding, the memorial to the heroes of the Confederate States of America graven upon the face of Stone Mountain shall never be altered, removed, concealed, or obscured in any fashion and shall be preserved and protected for all time as a tribute to the bravery and heroism of the citizens of this state who suffered and died in their cause. The "notwithstanding" phrase can also create a different sort of confusion, as demonstrated in Pronschinske Trust Dated March 21, 1995 v. Kaw Valley Co., 899 F.2d 470 (7th Cir. Notwithstanding: an old term used to convey the simple meaning of even if there is or inspite of. b. Next ». In other words, because the exceptions trump the rules, it tends to place more importance on the exceptions. § 203(d). Marginal note: Effective date where decision of Supreme Court of Canada Notwithstanding clause in § 201 of TRIA means that this provision effectively supersedes all other conflicting laws, including any forfeiture action. 2201 and 2202) and unobligated as of There are other ways to convey exceptions in contracts (e.g., except and subject to), but I'll save the larger topic of exceptions generally for another blog post. . Notwithstanding any law to the contrary, the court has jurisdiction to make an initial custody determination regarding a minor child or may modify a prior order of child custody upon finding that the custodial parent has been convicted of or found civilly liable for the intentional and wrongful death of the child's other parent or legal guardian. Cal. Although notwithstanding usually means exactly the same as in spite of, it is often positioned differently. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid 0MB control number. Notwithstanding any other provision of law, and for purposes of 27 this act only, for purposes of article 9 of the workers' compensation 28 law, "family leave" shall mean: (a) any leave taken by an employee from 29 work when an employee is subject to a mandatory or precautionary order 30 of . Notwithstanding any other provision of law, if a party has resided or resides in a residential program for victims of domestic violence as defined in section four hundred fifty-nine-a of the social services law, the present address of such party and the address of the residential program for victims of domestic violence shall not be revealed by the court or any court personnel who may have . "Does the presence of this phrase in an enactment really mean that no other statutes a The cases cited by the Government in its Responsive brief do not contradict this legal principle . 712 PUBLIC LAW 116-159—OCT. Let's look at Notwithstanding Anything Contained In Any Other Provision of The Act meaning in detail: The phrase notwithstanding anything in any other provision of the act would only mean that if anything inconsistent with the provision of the Act are found to have been laid down by other law, then they will have no effect. The preparation of legal papers can be high-priced and time-consuming. (a) Notwithstanding any other law, a provision within a settlement agreement that prevents the disclosure of factual information related to a claim filed in a civil action or a complaint filed in an administrative action, regarding any of the following, is prohibited: (1) An act of sexual assault that is not governed by subdivision (a) of . § 2. Tender Offer Litig., 725 F. 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