S T A T E O F N E W Y O R K
________________________________________________________________________
11666
I N A S S E M B L Y
July 6, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Kellner) --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the penal law, the public officers law, the executive
law and the legislative law, in relation to the crimes of scheme to
defraud the government in the first and second degrees and the
provision of faithful public services; and to amend the legislative
law, in relation to reportable business relationships for legislative
ethics purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "public
2 corruption prevention and enforcement act of 2010".
3 S 2. Section 10.00 of the penal law is amended by adding three new
4 subdivisions 21, 22 and 23 to read as follows:
5 21. FOR THE PURPOSES OF SECTIONS 195.18 AND 195.20 OF THIS CHAPTER
6 "SCHEME" MEANS ANY PLAN, PATTERN, DEVICE, CONTRIVANCE, OR COURSE OF
7 ACTION, AND "INTENT TO DEFRAUD" INCLUDES AN INTENT TO DEPRIVE THE STATE
8 OR A POLITICAL SUBDIVISION OF THE STATE OR A GOVERNMENTAL INSTRUMENTALI-
9 TY OF FAITHFUL PUBLIC SERVICES.
10 22. "FAITHFUL PUBLIC SERVICES" MEANS CONDUCT THAT IS FREE OF UNDIS-
11 CLOSED SELF-DEALING AND FREE OF THE UNAUTHORIZED OR UNLAWFUL CONFERRAL
12 OR INTENDED CONFERRAL OF A BENEFIT, DIRECTLY OR INDIRECTLY, ON A PUBLIC
13 SERVANT.
14 23. "SELF-DEALING" MEANS ANY ACTION TAKEN BY A PUBLIC SERVANT IN HIS
15 OR HER OFFICIAL CAPACITY WITH INTENT TO BENEFIT HIMSELF OR HERSELF,
16 DIRECTLY OR INDIRECTLY, AND WHICH RELATES TO HIS OR HER PRIVATE BUSINESS
17 INTERESTS.
18 S 3. Section 195.20 of the penal law, as amended by chapter 1 of the
19 laws of 2010, is amended to read as follows:
20 S 195.20 [Defrauding] SCHEME TO DEFRAUD the government IN THE FIRST
21 DEGREE.
22 A person is guilty of [defrauding] A SCHEME TO DEFRAUD the government
23 IN THE FIRST DEGREE when, being a public servant or party officer OR
24 ACTING IN CONCERT WITH A PUBLIC SERVANT OR PARTY OFFICER, he or she:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17862-02-0
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1 (a) engages in a scheme constituting a systematic ongoing course of
2 conduct with intent to:
3 (i) defraud the state or a political subdivision of the state or a
4 governmental instrumentality within the state; or
5 (II) to obtain property, services or other resources from the state or
6 a political subdivision of the state or a governmental instrumentality
7 within the state by false or fraudulent pretenses, representations or
8 promises; or
9 [(ii)] (III) defraud the state or a political subdivision of the state
10 or a governmental instrumentality within the state by making use of
11 property, services or resources of the state, political subdivision of
12 the state or a governmental instrumentality within the state for private
13 business purposes or other compensated non-governmental purposes; and
14 (b) EITHER (I) so obtains property, services or other resources with a
15 value in excess of one thousand dollars from such state, political
16 subdivision or governmental instrumentality, OR (II) CONFERS OR OBTAINS
17 A BENEFIT OR BENEFITS, DIRECTLY OR INDIRECTLY, WITH A COMBINED VALUE IN
18 EXCESS OF ONE THOUSAND DOLLARS.
19 [Defrauding] SCHEME TO DEFRAUD the government IN THE FIRST DEGREE is a
20 class [E] D felony.
21 S 4. The penal law is amended by adding a new section 195.18 to read
22 as follows:
23 S 195.18 SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND DEGREE.
24 A PERSON IS GUILTY OF A SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND
25 DEGREE WHEN, BEING A PUBLIC SERVANT OR PARTY OFFICER OR ACTING IN
26 CONCERT WITH A PUBLIC SERVANT OR PARTY OFFICER, HE OR SHE ENGAGES IN A
27 SCHEME CONSTITUTING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT
28 TO:
29 (A) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A
30 GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE; OR
31 (B) OBTAIN PROPERTY, SERVICES OR OTHER RESOURCES FROM THE STATE OR A
32 POLITICAL SUBDIVISION OF THE STATE OR A GOVERNMENTAL INSTRUMENTALITY
33 WITHIN THE STATE BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
34 PROMISES; OR
35 (C) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A
36 GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY MAKING USE OF PROPERTY,
37 SERVICES OR RESOURCES OF THE STATE, POLITICAL SUBDIVISION OF THE STATE
38 OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE FOR PRIVATE BUSINESS
39 PURPOSES OR OTHER COMPENSATED NON-GOVERNMENTAL PURPOSES.
40 SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS E
41 FELONY.
42 S 5. The penal law is amended by adding a new section 200.28 to read
43 as follows:
44 S 200.28 DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES.
45 FOR PURPOSES OF THIS ARTICLE, THE DUTIES OF A PUBLIC SERVANT SHALL
46 INCLUDE BUT NOT BE LIMITED TO THE DUTY TO PROVIDE FAITHFUL PUBLIC
47 SERVICES. IN EXECUTING THE DUTIES OF HIS OR HER OFFICE, EVERY PUBLIC
48 SERVANT SHALL HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO HIS
49 OR HER CONSTITUENTS AND THE STATE OR POLITICAL SUBDIVISION THEREOF, AS
50 APPLICABLE. IN EXECUTING THE DUTIES OF HIS OR HER OFFICE OR EMPLOYMENT,
51 EVERY PUBLIC SERVANT SHALL ALSO HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC
52 SERVICES TO A STATE OR LOCAL AGENCY OR LEGISLATURE, AS APPLICABLE.
53 S 6. Subdivision 1 of section 74 of the public officers law, as
54 amended by chapter 1012 of the laws of 1965, the opening paragraph as
55 amended by chapter 14 of the laws of 2007, is amended to read as
56 follows:
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1 1. [Definition. As used in this section:] DEFINITIONS OF TERMS OF
2 GENERAL USE IN THIS SECTION:
3 A. The term "state agency" shall mean any state department, or divi-
4 sion, board, commission, or bureau of any state department or any public
5 benefit corporation or public authority at least one of whose members is
6 appointed by the governor or corporations closely affiliated with
7 specific state agencies as defined by paragraph (d) of subdivision five
8 of section fifty-three-a of the state finance law or their successors.
9 B. The term "legislative employee" shall mean any officer or employee
10 of the legislature but it shall not include members of the legislature.
11 C. THE TERM "FAITHFUL PUBLIC SERVICES" SHALL MEAN CONDUCT THAT IS FREE
12 OF UNDISCLOSED SELF-DEALING AND FREE OF THE UNAUTHORIZED OR UNLAWFUL
13 CONFERRAL OR INTENDED CONFERRAL OF A BENEFIT, DIRECTLY OR INDIRECTLY, ON
14 AN OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR
15 LEGISLATIVE EMPLOYEE. EVERY OFFICER OR EMPLOYEE OF A STATE AGENCY,
16 MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHALL HAVE A DUTY OF
17 FAITHFUL PUBLIC SERVICES WITH RESPECT TO HIS OR HER CONSTITUENTS AND THE
18 STATE OR TO A STATE AGENCY OR LEGISLATURE, AS APPLICABLE.
19 D. THE TERM "SELF-DEALING" SHALL MEAN ANY ACTION TAKEN BY AN OFFICER
20 OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE
21 EMPLOYEE IN HIS OR HER OFFICIAL CAPACITY WITH INTENT TO BENEFIT HIMSELF
22 OR HERSELF, DIRECTLY OR INDIRECTLY, AND WHICH RELATES TO HIS OR HER
23 PRIVATE BUSINESS INTERESTS.
24 S 7. Subdivision 3 of section 74 of the public officers law is amended
25 by adding a new paragraph j to read as follows:
26 J. IN EXECUTING THE DUTIES OF HIS OR HER OFFICE, EVERY OFFICER OR
27 EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE
28 EMPLOYEE SHALL HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO HIS
29 OR HER CONSTITUENTS AND THE STATE, AS APPLICABLE. IN EXECUTING THE
30 DUTIES OF HIS OR HER OFFICE OR EMPLOYMENT, EVERY OFFICER OR EMPLOYEE OF
31 A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHALL
32 ALSO HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO A STATE AGENCY
33 OR THE LEGISLATURE, AS APPLICABLE.
34 S 8. Subdivision 4 of section 74 of the public officers law, as
35 amended by chapter 14 of the laws of 2007, is amended to read as
36 follows:
37 4. Violations. In addition to any penalty contained in any other
38 provision of law any such officer, member or employee who shall knowing-
39 ly and intentionally violate any of the provisions of this section may
40 be fined, suspended or removed from office or employment in the manner
41 provided by law. Any such individual who knowingly and intentionally
42 violates the provisions of paragraph b, c, d or i of subdivision three
43 of this section shall be subject to a civil penalty in an amount not to
44 exceed ten thousand dollars and the value of any gift, compensation or
45 benefit received as a result of such violation. Any such individual who
46 knowingly and intentionally violates the provisions of paragraph a, e or
47 g of subdivision three of this section shall be subject to a civil
48 penalty in an amount not to exceed the value of any gift, compensation
49 or benefit received as a result of such violation. ANY SUCH INDIVIDUAL
50 WHO KNOWINGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF PARAGRAPH J
51 OF SUBDIVISION THREE OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY
52 IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS AND THE VALUE OF ANY
53 GIFT, COMPENSATION OR BENEFIT RECEIVED AS A RESULT OF SUCH VIOLATION.
54 ANY SUCH INDIVIDUAL WHO, AS PART OF OR IN FURTHERANCE OF A SCHEME OR
55 ARTIFICE TO DEFRAUD A STATE AGENCY, THE LEGISLATURE, ANY POLITICAL
56 SUBDIVISION, HIS OR HER CONSTITUENTS OR THE STATE, AS APPLICABLE, KNOW-
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1 INGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF PARAGRAPH J OF SUBDI-
2 VISION THREE OF THIS SECTION SHALL, IN ADDITION TO ANY PENALTY CONTAINED
3 IN THIS SECTION OR ANY OTHER PROVISION OF LAW, BE GUILTY OF A CLASS E
4 FELONY.
5 S 9. Subdivision 13 of section 94 of the executive law, as amended by
6 chapter 14 of the laws of 2007, is amended to read as follows:
7 13. An individual subject to the jurisdiction of the commission who
8 knowingly and intentionally violates the provisions of subdivisions two
9 through five, seven, eight, twelve or fourteen through seventeen of
10 section seventy-three of the public officers law, section one hundred
11 seven of the civil service law, or a reporting individual who knowingly
12 and wilfully fails to file an annual statement of financial disclosure
13 or who knowingly and wilfully with intent to deceive makes a false
14 statement or fraudulent omission or gives information which such indi-
15 vidual knows to be false on such statement of financial disclosure filed
16 pursuant to section seventy-three-a of the public officers law shall be
17 subject to a civil penalty in an amount not to exceed forty thousand
18 dollars and the value of any gift, compensation or benefit received as a
19 result of such violation. An individual who knowingly and intentionally
20 violates the provisions of paragraph b, c, d [or], i OR J of subdivision
21 three of section seventy-four of the public officers law shall be
22 subject to a civil penalty in an amount not to exceed ten thousand
23 dollars and the value of any gift, compensation or benefit received as a
24 result of such violation. An individual who knowingly and intentionally
25 violates the provisions of paragraph a, e or g of subdivision three of
26 section seventy-four of the public officers law shall be subject to a
27 civil penalty in an amount not to exceed the value of any gift, compen-
28 sation or benefit received as a result of such violation. An individual
29 subject to the jurisdiction of the commission who knowingly and willful-
30 ly violates article one-A of the legislative law shall be subject to
31 civil penalty as provided for in that article. Assessment of a civil
32 penalty hereunder shall be made by the commission with respect to
33 persons subject to its jurisdiction. In assessing the amount of the
34 civil penalties to be imposed, the commission shall consider the seri-
35 ousness of the violation, the amount of gain to the individual and
36 whether the individual previously had any civil or criminal penalties
37 imposed pursuant to this section, and any other factors the commission
38 deems appropriate. For a violation of this subdivision, other than for
39 conduct which constitutes a violation of section one hundred seven of
40 the civil service law, subdivisions twelve or fourteen through seventeen
41 of section seventy-three or section seventy-four of the public officers
42 law or article one-A of the legislative law, the commission may, in lieu
43 of a civil penalty, refer a violation to the appropriate prosecutor and
44 upon such conviction, such violation shall be punishable as a class A
45 misdemeanor. A civil penalty for false filing may not be imposed here-
46 under in the event a category of "value" or "amount" reported hereunder
47 is incorrect unless such reported information is falsely understated.
48 Notwithstanding any other provision of law to the contrary, no other
49 penalty, civil or criminal may be imposed for a failure to file, or for
50 a false filing, of such statement, or a violation of section seventy-
51 three of the public officers law, except that the appointing authority
52 may impose disciplinary action as otherwise provided by law. The commis-
53 sion may refer violations of this subdivision to the appointing authori-
54 ty for disciplinary action as otherwise provided by law. The commission
55 shall be deemed to be an agency within the meaning of article three of
56 the state administrative procedure act and shall adopt rules governing
A. 11666 5
1 the conduct of adjudicatory proceedings and appeals taken pursuant to a
2 proceeding commenced under article seventy-eight of the civil practice
3 law and rules relating to the assessment of the civil penalties herein
4 authorized and commission denials of requests for certain deletions or
5 exemptions to be made from a financial disclosure statement as author-
6 ized in paragraph (h) or paragraph (i) of subdivision nine of this
7 section. Such rules, which shall not be subject to the approval require-
8 ments of the state administrative procedure act, shall provide for due
9 process procedural mechanisms substantially similar to those set forth
10 in article three of the state administrative procedure act but such
11 mechanisms need not be identical in terms or scope. Assessment of a
12 civil penalty or commission denial of such a request shall be final
13 unless modified, suspended or vacated within thirty days of imposition,
14 with respect to the assessment of such penalty, or unless such denial of
15 request is reversed within such time period, and upon becoming final
16 shall be subject to review at the instance of the affected reporting
17 individuals in a proceeding commenced against the commission, pursuant
18 to article seventy-eight of the civil practice law and rules.
19 S 10. Subdivision 11 of section 80 of the legislative law, as amended
20 by chapter 14 of the laws of 2007, is amended to read as follows:
21 11. An individual subject to the jurisdiction of the commission who
22 knowingly and intentionally violates the provisions of subdivisions two
23 through five, seven, eight, twelve, fourteen or fifteen of section
24 seventy-three of the public officers law or a reporting individual who
25 knowingly and wilfully fails to file an annual statement of financial
26 disclosure or who knowingly and wilfully with intent to deceive makes a
27 false statement or gives information which such individual knows to be
28 false on such statement of financial disclosure filed pursuant to
29 section seventy-three-a of the public officers law shall be subject to a
30 civil penalty in an amount not to exceed forty thousand dollars and the
31 value of any gift, compensation or benefit received as a result of such
32 violation. Any such individual who knowingly and intentionally violates
33 the provisions of paragraph b, c, d, [or] i OR J of subdivision three of
34 section seventy-four of the public officers law shall be subject to a
35 civil penalty in an amount not to exceed ten thousand dollars and the
36 value of any gift, compensation or benefit received as a result of such
37 violation. Any such individual who knowingly and intentionally violates
38 the provisions of paragraph a, e or g of subdivision three of section
39 seventy-four of the public officers law shall be subject to a civil
40 penalty in an amount equal to the value of any gift, compensation or
41 benefit received as a result of such violation. Assessment of a civil
42 penalty hereunder shall be made by the commission with respect to
43 persons subject to its jurisdiction. In assessing the amount of the
44 civil penalties to be imposed, the commission shall consider the seri-
45 ousness of the violation, the amount of gain to the individual and
46 whether the individual previously had any civil or criminal penalties
47 imposed pursuant to this section, and any other factors the commission
48 deems appropriate. For a violation of this section, other than for
49 conduct which constitutes a violation of subdivision twelve, fourteen or
50 fifteen of section seventy-three or section seventy-four of the public
51 officers law, the legislative ethics commission may, in lieu of a civil
52 penalty, refer a violation to the appropriate prosecutor and upon such
53 conviction, but only after such referral, such violation shall be
54 punishable as a class A misdemeanor. A civil penalty for false filing
55 may not be imposed hereunder in the event a category of "value" or
56 "amount" reported hereunder is incorrect unless such reported informa-
A. 11666 6
1 tion is falsely understated. Notwithstanding any other provision of law
2 to the contrary, no other penalty, civil or criminal may be imposed for
3 a failure to file, or for a false filing, of such statement, or a
4 violation of section seventy-three of the public officers law, except
5 that the appointing authority may impose disciplinary action as other-
6 wise provided by law. The legislative ethics commission shall be deemed
7 to be an agency within the meaning of article three of the state admin-
8 istrative procedure act and shall adopt rules governing the conduct of
9 adjudicatory proceedings and appeals taken pursuant to a proceeding
10 commenced under article seventy-eight of the civil practice law and
11 rules relating to the assessment of the civil penalties herein author-
12 ized and commission denials of requests for certain deletions or
13 exemptions to be made from a financial disclosure statement as author-
14 ized in paragraph i or paragraph j of subdivision seven of this section.
15 Such rules, which shall not be subject to the promulgation and hearing
16 requirements of the state administrative procedure act, shall provide
17 for due process procedural mechanisms substantially similar to those set
18 forth in such article three but such mechanisms need not be identical in
19 terms or scope. Assessment of a civil penalty or commission denial of
20 such a deletion or exemption request shall be final unless modified,
21 suspended or vacated within thirty days of imposition, with respect to
22 the assessment of such penalty, or unless such denial of request is
23 reversed within such time period, and upon becoming final shall be
24 subject to review at the instance of the affected reporting individuals
25 in a proceeding commenced against the legislative ethics commission,
26 pursuant to article seventy-eight of the civil practice law and rules.
27 S 11. Section 1-c of the legislative law is amended by adding a new
28 subdivision (w) to read as follows:
29 (W) THE TERM "REPORTABLE BUSINESS RELATIONSHIP" SHALL MEAN A RELATION-
30 SHIP IN WHICH COMPENSATION IS PAID BY A LOBBYIST OR BY A CLIENT OF A
31 LOBBYIST, IN EXCHANGE FOR ANY GOODS, SERVICES OR ANYTHING OF VALUE TO BE
32 PERFORMED OR PROVIDED BY OR INTENDED TO BE PERFORMED OR PROVIDED BY (I)
33 ANY STATEWIDE ELECTED OFFICIAL, STATE OFFICER, STATE EMPLOYEE, MEMBER OF
34 THE LEGISLATURE OR LEGISLATIVE EMPLOYEE OR (II) ANY ENTITY IN WHICH THE
35 LOBBYIST OR THE CLIENT OF A LOBBYIST KNOWS OR HAS REASON TO KNOW THE
36 STATEWIDE ELECTED OFFICIAL, STATE OFFICER, STATE EMPLOYEE, MEMBER OF THE
37 LEGISLATURE OR LEGISLATIVE EMPLOYEE IS A PROPRIETOR, PARTNER, DIRECTOR,
38 OFFICER OR MANAGER WHO RECEIVES TEN PERCENT OR MORE OF THE PROFITS FROM
39 SUCH ENTITY, OR OWNS OR CONTROLS TEN PERCENT OR MORE OF THE STOCK OF
40 SUCH ENTITY (OR ONE PERCENT IN THE CASE OF A CORPORATION WHOSE STOCK IS
41 REGULARLY TRADED ON AN ESTABLISHED SECURITIES EXCHANGE).
42 S 12. Subdivision (c) of section 1-e of the legislative law is amended
43 by adding a new paragraph 8 to read as follows:
44 (8) (I) THE NAME AND PUBLIC OFFICE ADDRESS OF ANY STATEWIDE ELECTED
45 OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLATURE OR LEGIS-
46 LATIVE EMPLOYEE AND ENTITY WITH WHOM THE LOBBYIST HAS A REPORTABLE BUSI-
47 NESS RELATIONSHIP IN EXCESS OF ONE THOUSAND DOLLARS DURING THE REPORTING
48 PERIOD;
49 (II) A DESCRIPTION OF THE GENERAL SUBJECT OR SUBJECTS OF THE TRANS-
50 ACTIONS BETWEEN THE LOBBYIST OR LOBBYISTS AND THE STATEWIDE ELECTED
51 OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLATURE OR LEGIS-
52 LATIVE EMPLOYEE AND ENTITY; AND
53 (III) THE COMPENSATION, INCLUDING EXPENSES, TO BE PAID BY VIRTUE OF
54 THE BUSINESS RELATIONSHIP.
55 S 13. Subdivision (b) of section 1-j of the legislative law is amended
56 by adding a new paragraph 6 to read as follows:
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1 (6) (I) THE NAME AND PUBLIC OFFICE ADDRESS OF ANY STATEWIDE ELECTED
2 OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLATURE OR LEGIS-
3 LATIVE EMPLOYEE AND ENTITY WITH WHOM THE CLIENT OF A LOBBYIST HAS A
4 REPORTABLE BUSINESS RELATIONSHIP IN EXCESS OF FIVE HUNDRED DOLLARS
5 DURING THE REPORTING PERIOD;
6 (II) A DESCRIPTION OF THE GENERAL SUBJECT OR SUBJECTS OF THE TRANS-
7 ACTIONS BETWEEN THE CLIENT OF THE LOBBYIST OR LOBBYISTS AND THE STATE-
8 WIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLA-
9 TURE OR LEGISLATIVE EMPLOYEE AND ENTITY; AND
10 (III) THE COMPENSATION, INCLUDING EXPENSES, TO BE PAID BY VIRTUE OF
11 THE BUSINESS RELATIONSHIP.
12 S 14. This act shall take effect immediately, provided that sections
13 eleven, twelve and thirteen of this act shall take effect on the nineti-
14 eth day after it shall have become a law.