S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1111

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M. of A. JAFFEE, ROBINSON, COOK -- Multi-Sponsored by --
  M. of A. DINOWITZ, GOTTFRIED -- read once and referred to the  Commit-
  tee on Children and Families

AN  ACT  to  amend the social services law, in relation to the confiden-
  tiality of calls to certain hotlines operated by the office  of  chil-
  dren  and family services and in relation to cross references to penal
  law provisions on filing a false report in the third degree

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 372-g of the social services law,
as added by chapter 156 of the laws of  2000,  is  amended  to  read  as
follows:
  3.  establishment  of toll-free telephone hotlines to provide informa-
tion.  ANY RECORDS THAT COULD IDENTIFY CALLERS TO ANY SUCH  HOTLINE  ARE
CONFIDENTIAL. SHOULD THE OFFICE MAINTAIN ANY RECORDS CONCERNING CALLS TO
ANY SUCH HOTLINE, INFORMATION CONCERNING THE CONTENT OF SUCH CALLS SHALL
ALSO  BE  CONFIDENTIAL  AND  SHALL NOT BE AVAILABLE EXCEPT IN ACCORDANCE
WITH A COURT ORDER WHERE THE COURT HAS MADE A FINDING THAT SUCH INFORMA-
TION IS NECESSARY FOR THE DETERMINATION OF AN ISSUE  BEFORE  THE  COURT.
NOTHING  IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE THE OFFICE TO
MAINTAIN ANY RECORD OF ANY CALL TO ANY SUCH HOTLINE.
  S 2. Subparagraphs (i) and (iv) of paragraph (c) of subdivision  3  of
section  390 of the social services law, subparagraph (i) as amended and
subparagraph (iv) as added by chapter 416  of  the  laws  of  2000,  are
amended to read as follows:
  (i) The office of children and family services shall establish a toll-
free  statewide  telephone  number  to receive inquiries about child day
care homes, programs and facilities and complaints of violations of  the
requirements  of  this  section  or  regulations  promulgated under this
section.  ANY  RECORDS  THAT  COULD  IDENTIFY  CALLERS  COMPLAINING   OF
VIOLATIONS  SHALL  BE  CONFIDENTIAL.  The  office of children and family

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06126-01-5
              

A. 1111                             2

services shall develop a system for investigation, which  shall  include
inspection,  of  such  complaints.  The  office  of  children and family
services  may  provide  for  such  investigations  through  purchase  of
services.  The  office  of  children and family services shall develop a
process for publicizing such toll-free telephone number  to  the  public
for  making inquiries or complaints about child day care homes, programs
or facilities.
  (iv) Nothing in this paragraph shall be construed to require or permit
the disclosure either orally or in writing of any  information  that  is
confidential pursuant to law.  THE OFFICE SHALL NOT DISCLOSE ANY RECORDS
THAT  COULD  IDENTIFY  PERSONS WHO HAVE MADE COMPLAINTS TO THE TOLL-FREE
TELEPHONE NUMBER EXCEPT: WITH SUCH PERSON'S WRITTEN  PERMISSION;  TO  AN
APPROPRIATE  LAW  ENFORCEMENT AGENCY WHERE SUCH AGENCY STATES IN WRITING
THAT SUCH INFORMATION IS NECESSARY TO CONDUCT A  CRIMINAL  INVESTIGATION
OR  CRIMINAL  PROSECUTION; OR IN ACCORDANCE WITH A COURT ORDER WHERE THE
COURT HAS MADE A FINDING THAT SUCH  INFORMATION  IS  NECESSARY  FOR  THE
DETERMINATION OF AN ISSUE BEFORE THE COURT.
  S  3.  Paragraph  (c)  of  subdivision  2 of section 422 of the social
services law, as added by chapter 717 of the laws of 1986, is amended to
read as follows:
  (c) Whenever a  telephone  call  to  the  statewide  central  register
described  in  this  section  is  received by the [department] OFFICE OF
CHILDREN AND FAMILY SERVICES, and the [department] OFFICE finds that the
person allegedly responsible for abuse or maltreatment of a child cannot
be a subject of a report as defined in subdivision four of section  four
hundred  twelve  of  this chapter, but believes that the alleged acts or
circumstances against a  child  described  in  the  telephone  call  may
constitute a crime or an immediate threat to the child's health or safe-
ty,  the  [department]  OFFICE  shall convey by the most expedient means
available the information contained in such telephone call to the appro-
priate law enforcement agency, district attorney or other  public  offi-
cial empowered to provide necessary aid or assistance. ANY RECORD OF ANY
SUCH  TELEPHONE  CALL  SHALL  BE CONFIDENTIAL AND SHALL NOT BE DISCLOSED
EXCEPT AS PROVIDED IN THIS PARAGRAPH.
  S 4. Subdivision 2 of section  422  of  the  social  services  law  is
amended by adding a new paragraph (d) to read as follows:
  (D) ANY RECORD MAINTAINED BY THE STATEWIDE CENTRAL REGISTER CONCERNING
A  CALL  TO  THE  STATEWIDE  CENTRAL REGISTER THAT DOES NOT CONSTITUTE A
REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT FOR A REASON OTHER  THAN
THAT  SPECIFIED  IN PARAGRAPH (C) OF THIS SUBDIVISION SHALL BE CONFIDEN-
TIAL AND SHALL BE AVAILABLE ONLY TO AN APPROPRIATE LAW ENFORCEMENT AGEN-
CY WHERE SUCH AGENCY STATES IN WRITING THAT SUCH INFORMATION  IS  NECES-
SARY  TO CONDUCT A CRIMINAL INVESTIGATION OR CRIMINAL PROSECUTION, OR IN
ACCORDANCE WITH A COURT ORDER WHERE THE COURT HAS MADE  A  FINDING  THAT
SUCH  INFORMATION  IS NECESSARY FOR THE DETERMINATION OF AN ISSUE BEFORE
THE COURT. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO  REQUIRE  THE
STATEWIDE CENTRAL REGISTER TO MAINTAIN ANY RECORD NOT OTHERWISE REQUIRED
BY  LAW  OF  ANY  CALL  TO  THE STATEWIDE CENTRAL REGISTER THAT DOES NOT
CONSTITUTE A REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT.
  S 5. Subdivision 4 of section 422  of  the  social  services  law,  as
amended  by chapter 677 of the laws of 1985, paragraph (A) as amended by
chapter 12 of the laws of 1996, the opening paragraph  and  subparagraph
(j) of paragraph (A) as amended by section 6 of part D of chapter 501 of
the  laws  of  2012,  subparagraph  (k)  of  paragraph (A) as amended by
section 153 of subpart B of part C of chapter 62 of the  laws  of  2011,
subparagraph  (1)  of paragraph (A) as amended by chapter 35 of the laws

A. 1111                             3

of 2001, subparagraph (t) of paragraph (A) as amended by chapter  41  of
the  laws  of  2010, clause (ii) of subparagraph (v) of paragraph (A) as
amended and subparagraph (w) of paragraph (A) as added by chapter 136 of
the  laws  of  1999,  subparagraph  (x)  of  paragraph (A) as amended by
section 1 of part A of chapter 327 of the laws of 2007 and subparagraphs
(y) and (z) of paragraph (A) as amended and subparagraph (aa)  of  para-
graph  (A)  as  added  by chapter 440 of the laws of 2011, is amended to
read as follows:
  4. (A) Reports made pursuant to this title [as well as] AND any  other
information  obtained,  reports  written or photographs taken concerning
such reports, AS WELL AS RECORDS PERTAINING TO TELEPHONE CALLS  RECEIVED
PURSUANT  TO  THIS  SECTION,  in  the  possession of the office or local
departments shall be confidential and shall only be made available to:
  (a) a physician who has before him or her  a  child  whom  he  or  she
reasonably suspects may be abused or maltreated;
  (b)  a  person  authorized to place a child in protective custody when
such person has before him or her a child  whom  he  or  she  reasonably
suspects may be abused or maltreated and such person requires the infor-
mation  in the record to determine whether to place the child in protec-
tive custody;
  (c) a duly authorized agency having the responsibility for the care or
supervision of a child who is reported to the central register of  abuse
and maltreatment;
  (d) any person who is the subject of the report or other persons named
in the report;
  (e)  a  court,  upon  a  finding that the information in the record is
necessary for the determination of an issue before the court;
  (f) a grand jury, upon a finding that the information in the record is
necessary for the determination of charges before the grand jury;
  (g) any appropriate state legislative committee responsible for  child
protective legislation;
  (h)  any  person  engaged  in  a  bona fide research purpose provided,
however, that no information identifying the subjects of the  report  or
other  persons  named  in  the  report  shall  be  made available to the
researcher unless it is absolutely essential to the research purpose and
the department gives prior approval;
  (i) a provider agency as defined by subdivision three of section  four
hundred  twenty-four-a of this [chapter] TITLE, or a licensing agency as
defined by subdivision four of section  four  hundred  twenty-four-a  of
this [chapter] TITLE, subject to the provisions of such section;
  (j) the justice center for the protection of people with special needs
or  a  delegate investigatory entity in connection with an investigation
being conducted under article eleven of this chapter;
  (k) a probation service conducting an investigation pursuant to  arti-
cle  three  or  seven  or  section six hundred fifty-three of the family
court act where there is reason to suspect  the  child  or  the  child's
sibling  may  have  been abused or maltreated and such child or sibling,
parent, guardian or other person legally responsible for the child is  a
person  named  in an indicated report of child abuse or maltreatment and
that such information is necessary for the making of a determination  or
recommendation  to  the court; or a probation service regarding a person
about whom it is conducting an investigation pursuant to  article  three
hundred  ninety of the criminal procedure law, or a probation service or
the department of corrections  and  community  supervision  regarding  a
person to whom the service or department is providing supervision pursu-
ant to article sixty of the penal law or article eight of the correction

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law,  where  the  subject  of  investigation  or  supervision  has  been
convicted of a felony under article  one  hundred  twenty,  one  hundred
twenty-five or one hundred thirty-five of the penal law or any felony or
misdemeanor  under  article one hundred thirty, two hundred thirty-five,
two hundred forty-five, two hundred sixty or two hundred sixty-three  of
the  penal  law,  or  has  been  indicted  for any such felony and, as a
result, has been convicted of a crime under the  penal  law,  where  the
service or department requests the information upon a certification that
such  information  is necessary to conduct its investigation, that there
is reasonable cause to believe that the subject of an  investigation  is
the subject of an indicated report and that there is reasonable cause to
believe  that  such  records  are  necessary to the investigation by the
probation service or the department, provided, however, that only  indi-
cated reports shall be furnished pursuant to this subdivision;
  (l)  a  district  attorney, an assistant district attorney or investi-
gator employed in the office of a district attorney, a sworn officer  of
the  division  of  state police, of the regional state park police, of a
city police department, or of a county, town or village  police  depart-
ment  or  county  sheriff's  office  or  department  when  such official
requests such information stating that such information is necessary  to
conduct  a  criminal  investigation or criminal prosecution of a person,
that there is reasonable cause  to  believe  that  such  person  is  the
subject  of  a  report, and that it is reasonable to believe that due to
the nature of the crime under investigation or prosecution, such  person
is  the  subject  of a report, and that it is reasonable to believe that
due to that nature of the crime under investigation or prosecution, such
records may be related to the criminal investigation or prosecution;
  (m) the New York city department of  investigation  provided  however,
that  no  information  identifying  the  subjects of the report or other
persons named in the report shall be made available to the department of
investigation unless such information is essential to  an  investigation
within  the  legal  authority of the department of investigation and the
state department of social services gives prior approval;
  (n) chief executive officers of authorized agencies, directors of  day
care  centers  and directors of facilities operated or supervised by the
department of education, the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES, the office of mental health or the  office  [of  mental
retardation   and]   FOR  PEOPLE  WITH  developmental  disabilities,  in
connection with a disciplinary investigation, action, or  administrative
or  judicial  proceeding instituted by any of such officers or directors
against an employee of any such agency, center or facility  who  is  the
subject  of  an indicated report when the incident of abuse or maltreat-
ment contained in the report occurred in the agency, center, facility or
program, and the purpose of such proceeding is to determine whether  the
employee  should  be retained or discharged; provided, however, a person
given access to information pursuant to this subparagraph  [(n)]  shall,
notwithstanding  any  inconsistent  provision  of  law, be authorized to
redisclose such information only if the purpose of such redisclosure  is
to  initiate  or  present  evidence in a disciplinary, administrative or
judicial proceeding concerning the continued employment or the terms  of
employment  of  an  employee  of such agency, center or facility who has
been named as a subject of an  indicated  report  and,  in  addition,  a
person  or  agency given access to information pursuant to this subpara-
graph [(n)] shall also  be  given  information  not  otherwise  provided
concerning the subject of an indicated report where the commission of an

A. 1111                             5

act  or acts by such subject has been determined in proceedings pursuant
to article ten of the family court act to constitute abuse or neglect;
  (o)  a provider or coordinator of services to which a child protective
service or social services district has referred a child  or  a  child's
family  or  to  whom the child or the child's family have referred them-
selves at the request of the child protective service or social services
district, where said child is reported to the register when the records,
reports or other information are necessary to  enable  the  provider  or
coordinator  to  establish and implement a plan of service for the child
or the child's family, or to monitor the provision and  coordination  of
services  and  the circumstances of the child and the child's family, or
to directly provide services; provided,  however,  that  a  provider  of
services  may include appropriate health care or school district person-
nel, as such terms shall be defined by the department; provided however,
a provider or  coordinator  of  services  given  access  to  information
concerning  a  child pursuant to this subparagraph [(o)] shall, notwith-
standing any inconsistent provision of law, be authorized to  redisclose
such  information  to  other  persons  or  agencies  which  also provide
services to the child or the child's family  only  if  the  consolidated
services plan prepared and approved pursuant to section thirty-four-a of
this  chapter  describes  the agreement that has been or will be reached
between the provider or coordinator of service and the  local  district.
An  agreement  entered  into pursuant to this subparagraph shall include
the specific agencies and categories of individuals to whom redisclosure
by the provider or coordinator of services  is  authorized.  Persons  or
agencies  given  access to information pursuant to this subparagraph may
exchange such information in order to facilitate the provision or  coor-
dination of services to the child or the child's family;
  (p) a disinterested person making an investigation pursuant to section
one  hundred  sixteen  of the domestic relations law, provided that such
disinterested person shall only make this information available  to  the
judge before whom the adoption proceeding is pending;
  (q) a criminal justice agency conducting an investigation of a missing
child  where  there  is  reason  to  suspect  such child or such child's
sibling, parent, guardian or other person legally responsible  for  such
child  is  a  person  named  in  an  indicated  report of child abuse or
maltreatment and that such information is needed to further such  inves-
tigation;
  (s)  a  child  protective  service  of another state when such service
certifies that the records and reports are necessary in order to conduct
a child abuse or maltreatment investigation within its  jurisdiction  of
the  subject  of  the  report  and  shall  be  used only for purposes of
conducting such investigation and will not be redisclosed to  any  other
person or agency;
  (t)  an  attorney for a child, appointed pursuant to the provisions of
section one thousand sixteen of the family court act, at any  time  such
appointment  is  in  effect,  in  relation  to  any  report in which the
respondent in the proceeding in which the attorney for a child has  been
appointed is the subject or another person named in the report, pursuant
to  sections  one thousand thirty-nine-a and one thousand fifty-two-a of
the family court act;
  (u) a  child  care  resource  and  referral  program  subject  to  the
provisions  of  subdivision six of section four hundred twenty-four-a of
this title;
  (v)(i) officers and employees of the state comptroller or of the  city
comptroller of the city of New York, or of the county officer designated

A. 1111                             6

by  law  or  charter  to perform the auditing function in any county not
wholly contained within a  city,  for  purposes  of  a  duly  authorized
performance  audit,  provided that such comptroller shall have certified
to  the  keeper of such records that he or she has instituted procedures
developed in consultation with the department to limit access to client-
identifiable information  to  persons  requiring  such  information  for
purposes of the audit and that appropriate controls and prohibitions are
imposed   on   the   dissemination  of  client-identifiable  information
contained in the conduct of the audit.  Information  pertaining  to  the
substance  or  content  of  any psychological, psychiatric, therapeutic,
clinical or medical reports, evaluations or like materials  or  informa-
tion  pertaining  to  such child or the child's family shall not be made
available to such officers  and  employees  unless  disclosure  of  such
information  is  absolutely essential to the specific audit activity and
the department gives prior written approval.
  (ii) any failure to maintain the confidentiality of  client-identifia-
ble  information  shall subject such comptroller or officer to denial of
any further access to records until such time as the  audit  agency  has
reviewed  its procedures concerning controls and prohibitions imposed on
the dissemination of such information and has taken all  reasonable  and
appropriate steps to eliminate such lapses in maintaining confidentiali-
ty  to  the  satisfaction of the office of children and family services.
The office of children and family services shall establish  the  grounds
for  denial  of access to records contained under this section and shall
recommend as necessary a  plan  of  remediation  to  the  audit  agency.
Except  as  provided in this section, nothing in this subparagraph shall
be construed as limiting the powers of such comptroller  or  officer  to
access  records  which  he  or  she  is otherwise authorized to audit or
obtain under any other applicable provision of  law.  Any  person  given
access to information pursuant to this subparagraph who releases data or
information to persons or agencies not authorized to receive such infor-
mation shall be guilty of a class A misdemeanor;
  (w)  members  of  a local or regional fatality review team approved by
the office of children and family services in  accordance  with  section
four hundred twenty-two-b of this title;
  (x)  members  of  a  local or regional multidisciplinary investigative
team as established pursuant to subdivision six of section four  hundred
twenty-three of this title;
  (y)  members  of  a  citizen  review  panel as established pursuant to
section three hundred seventy-one-b of this article; provided,  however,
members  of  a  citizen review panel shall not disclose to any person or
government official any identifying information which the panel has been
provided and shall not make public other  information  unless  otherwise
authorized by statute;
  (z)  an  entity  with  appropriate legal authority in another state to
license, certify or otherwise approve prospective  foster  and  adoptive
parents where disclosure of information regarding the prospective foster
or  adoptive parents and other persons over the age of eighteen residing
in the home of such prospective parents is required by paragraph  twenty
of subdivision (a) of section six hundred seventy-one of title forty-two
of the United States code; and
  (aa)  a social services official who is investigating whether an adult
is in need of protective services in accordance with the  provisions  of
section  four  hundred seventy-three of this chapter, when such official
has reasonable cause to believe such adult may be in need of  protective
services  due  to  the  conduct  of an individual or individuals who had

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access to such adult when such adult was a child and that  such  reports
and information are needed to further the present investigation.
  After a child, other than a child in residential care, who is reported
to  the  central  register  of  abuse or maltreatment reaches the age of
eighteen years, access to a child's record under subparagraphs  (a)  and
(b) of this paragraph shall be permitted only if a sibling or off-spring
of  such  child is before such person and is a suspected victim of child
abuse or maltreatment. In addition, a person  or  official  required  to
make  a  report  of  suspected  child  abuse or maltreatment pursuant to
section four hundred  thirteen  of  this  chapter  shall  receive,  upon
request, the findings of an investigation made pursuant to this title or
section  45.07 of the mental hygiene law. However, no information may be
released unless the person or official's identity is  confirmed  by  the
[department]  OFFICE.  If the request for such information is made prior
to the completion of an investigation of a report, the released informa-
tion shall be limited to whether the report is "indicated",  "unfounded"
or  "under investigation", whichever the case may be. If the request for
such information is made after the completion of an investigation  of  a
report,  the released information shall be limited to whether the report
is "indicated" or "unfounded", whichever the case may be. A person given
access to the names or other information identifying the subjects of the
report, or other persons named in the report, except the subject of  the
report  or  other persons named in the report, shall not divulge or make
public such identifying information unless  he  or  she  is  a  district
attorney  or other law enforcement official and the purpose is to initi-
ate court action or the disclosure is necessary in connection  with  the
investigation  or  prosecution  of the subject of the report for a crime
alleged to have been committed by the  subject  against  another  person
named  in  the  report.  Nothing  in  this section shall be construed to
permit any release, disclosure or  identification  of  the  names  [or],
identifying descriptions, TELEPHONE NUMBERS OR OTHER CONTACT INFORMATION
of  persons  who  have reported suspected child abuse or maltreatment to
the statewide central register or the agency, institution, organization,
program or other entity where such persons are employed or  the  agency,
institution,  organization  or  program  with  which they are associated
without such persons' written permission except to  persons,  officials,
and  agencies  enumerated  in subparagraphs (e), (f), (h), (j), (l), (m)
and (v) of this paragraph.
  To the extent that persons or agencies are given access to information
pursuant to subparagraphs (a), (b), (c), (j), (k), (l), (m)[,]  AND  (o)
[and  (q)]  of  this  paragraph,  such  persons or agencies may give and
receive such information to each other in order to facilitate an  inves-
tigation conducted by such persons or agencies.
  (B) Notwithstanding any inconsistent provision of law to the contrary,
a  city or county social services commissioner may withhold, in whole or
in part, the release of any information which he or she is authorized to
make available to persons or agencies identified in  subparagraphs  (a),
(k),  (l),  (m),  (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this
subdivision if such commissioner determines that such information is not
related to the purposes for which such information is requested or  when
such disclosure will be detrimental to the child named in the report.
  (C) A city or county social services commissioner who denies access by
persons  or  agencies  identified  in  subparagraphs (a), (k), (l), (m),
(n)[,] AND (o)[, (p) and (q)] of paragraph (A) of  this  subdivision  to
records,  reports  or  other  information or parts thereof maintained by
such commissioner in accordance with this title shall, within  ten  days

A. 1111                             8

from  the date of receipt of the request fully explain in writing to the
person requesting the records, reports or other information the  reasons
for the denial.
  (D) A person or agency identified in subparagraphs (a), (k), (l), (m),
(n)[,]  AND  (o)[, (p) and (q)] of paragraph (A) of this subdivision who
is denied access to records, reports or other information or parts ther-
eof maintained by a local department pursuant to this title may bring  a
proceeding  for  review of such denial pursuant to article seventy-eight
of the civil practice law and rules.
  S 6. Paragraph (c) of subdivision 5  of  section  422  of  the  social
services law, as added by chapter 555 of the laws of 2000, is amended to
read as follows:
  (c) Notwithstanding any other provision of law, the office of children
and  family  services may, in its discretion, grant a request to expunge
an unfounded report where: (i) the source of the report was convicted of
a violation of subdivision [three] FOUR of section  [240.55]  240.50  of
the  penal  law  in  regard  to  such report; or (ii) the subject of the
report presents clear and convincing evidence that affirmatively refutes
the allegation of abuse or  maltreatment;  provided  however,  that  the
absence  of  credible  evidence  supporting  the  allegation of abuse or
maltreatment shall not be the sole basis to expunge the report.  Nothing
in  this  paragraph  shall  require  the  office  of children and family
services to hold  an  administrative  hearing  in  deciding  whether  to
expunge  a report. Such office shall make its determination upon review-
ing the written evidence submitted by the subject of the report and  any
records  or  information  obtained  from the state or local agency which
investigated the allegations of abuse or maltreatment.
  S 7. Subdivision 12 of section 422 of  the  social  services  law,  as
added  by chapter 1039 of the laws of 1973 and renumbered by chapter 676
of the laws of 1985, is amended to read as follows:
  12. (A) Any person who willfully DISCLOSES, permits  [and  any  person
who] THE DISCLOSURE OF, OR encourages the release of any data and infor-
mation  contained  in  the  central  register to persons or agencies not
permitted by this title shall be guilty of a class A misdemeanor.
  (B) ANY PERSON WHO WILLFULLY  AND  WRONGFULLY  ACCESSES  OR  DISCLOSES
INFORMATION OR RECORDS THAT ARE CONFIDENTIAL UNDER THIS SECTION SHALL BE
GUILTY OF A CLASS A MISDEMEANOR.
  S 8. This act shall take effect immediately; except that section seven
of  this  act shall take effect on the first of November next succeeding
the date on which it shall have become a law.