S T A T E   O F   N E W   Y O R K
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                                   3114
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2017
                                ___________
 
 Introduced  by  M. of A. ABINANTI, BUCHWALD -- read once and referred to
   the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law and the public officers law,
   in relation to  authorizing  local  authorities  to  establish  demon-
   stration  programs,  implementing  railroad  grade crossing monitoring
   systems by means of photo devices
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 135-a to read as follows:
   § 135-A. RAILROAD GRADE CROSSING. A  LOCATION  WHERE  RAILROAD  TRACKS
 INTERSECT A PUBLIC OR PRIVATE HIGHWAY, ROADWAY OR SIDEWALK.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1170-a to read as follows:
   § 1170-A. OWNER LIABILITY FOR FAILURE OF OPERATOR TO OBEY SIGNAL INDI-
 CATING APPROACH OF TRAIN.  (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, ANY LOCAL AUTHORITY IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND
 AMEND A LOCAL LAW, ORDINANCE OR RESOLUTION ESTABLISHING A  DEMONSTRATION
 PROGRAM  IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
 URE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN HUNDRED SEVENTY
 OF THIS ARTICLE.  SUCH  DEMONSTRATION  PROGRAM  SHALL  EMPOWER  A  LOCAL
 AUTHORITY  TO  INSTALL  AND OPERATE RAILROAD GRADE CROSSING PHOTO VIOLA-
 TION-MONITORING DEVICES AT ANY RAILROAD SIGN OR SIGNAL.
   2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES  TO
 ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
 RAILROAD GRADE CROSSING PHOTO  VIOLATION-MONITORING  SYSTEMS  SHALL  NOT
 INCLUDE  IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS OR THE CONTENTS
 OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE  OF  LIABILITY  ISSUED
 PURSUANT  TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
 OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF  A  VEHI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02329-02-7
              

 A. 3114                             2
 
 CLE,  PROVIDED THAT SUCH LOCAL AUTHORITY HAS MADE A REASONABLE EFFORT TO
 COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
   (B)  WITHIN  THE  JURISDICTION  OF  ANY SUCH LOCAL AUTHORITY WHICH HAS
 ADOPTED A LOCAL LAW, ORDINANCE OR RESOLUTION PURSUANT TO SUBDIVISION (A)
 OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE  FOR  A  PENALTY
 IMPOSED  PURSUANT  TO  THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED
 WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED,  IN  VIOLATION  OF
 SECTION  ELEVEN  HUNDRED  SEVENTY OF THIS ARTICLE, AND SUCH VIOLATION IS
 EVIDENCED BY INFORMATION OBTAINED FROM A RAILROAD GRADE  CROSSING  PHOTO
 VIOLATION-MONITORING SYSTEM; PROVIDED, HOWEVER, THAT NO OWNER OF A VEHI-
 CLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE
 THE  OPERATOR  OF  SUCH  VEHICLE  HAS  BEEN  CONVICTED OF THE UNDERLYING
 VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE.
   (C) FOR PURPOSES OF THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
 PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
 "RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
 VEHICLE  SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A RAILROAD SIGN OR
 SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
 MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF  EACH  VEHICLE
 AT  THE  TIME  IT  IS  USED  OR  OPERATED IN VIOLATION OF SECTION ELEVEN
 HUNDRED SEVENTY OF THIS ARTICLE.
   (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  LOCAL  AUTHORITY  IN  WHICH  THE  CHARGED  VIOLATION OCCURRED, OR A
 FACSIMILE THEREOF, BASED UPON  INSPECTION  OF  PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A RAILROAD GRADE
 CROSSING  PHOTO  VIOLATION-MONITORING  SYSTEM,  SHALL  BE  PRIMA   FACIE
 EVIDENCE  OF  THE  FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH  A  VIOLATION
 SHALL  BE  AVAILABLE  FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE
 LIABILITY FOR SUCH VIOLATION PURSUANT  TO  A  LOCAL  LAW,  ORDINANCE  OR
 RESOLUTION ADOPTED PURSUANT TO THIS SECTION.
   (E)  AN OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY
 OF THIS ARTICLE PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED
 PURSUANT TO THIS SECTION SHALL  BE  LIABLE  FOR  MONETARY  PENALTIES  IN
 ACCORDANCE  WITH  A SCHEDULE OF FINES AND PENALTIES TO BE ESTABLISHED IN
 SUCH LOCAL LAW, ORDINANCE OR RESOLUTION.  THE  LIABILITY  OF  THE  OWNER
 PURSUANT  TO  THIS SECTION SHALL NOT EXCEED ONE HUNDRED DOLLARS FOR EACH
 VIOLATION; PROVIDED, HOWEVER, THAT AN ADJUDICATING AUTHORITY MAY PROVIDE
 FOR AN ADDITIONAL PENALTY OF NOT IN EXCESS OF  TWENTY-FIVE  DOLLARS  FOR
 EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
 IN THE PRESCRIBED PERIOD OF TIME.
   (F)  AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW, ORDINANCE OR RESOL-
 UTION ADOPTED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A  CONVICTION
 AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE
 PERSON  UPON  WHOM  SUCH  LIABILITY  IS IMPOSED NOR SHALL IT BE USED FOR
 INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
   (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SECTION ELEV-
 EN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION.    PERSONAL
 DELIVERY  ON  THE  OWNER  SHALL  NOT  BE REQUIRED. A MANUAL OR AUTOMATIC
 RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS  SHALL  BE
 PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SECTION ELEV-
 EN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION, THE  REGIS-
 TRATION  NUMBER  OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION

 A. 3114                             3
 
 WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND
 THE IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE VIOLATION  OR
 OTHER DOCUMENT LOCATOR NUMBER.
   3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE  TO  CONTEST
 IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY  THE  LOCAL
 AUTHORITY,  OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH LOCAL AUTHORITY TO
 PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
   (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
 SHALL  BE  BY  THE  COURT  HAVING JURISDICTION OVER TRAFFIC INFRACTIONS,
 EXCEPT THAT IF SUCH LOCAL AUTHORITY HAS  ESTABLISHED  AN  ADMINISTRATIVE
 TRIBUNAL TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTI-
 TUTING  PARKING,  STANDING  OR  STOPPING VIOLATIONS SUCH LOCAL AUTHORITY
 MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDICATION BY SUCH TRIBUNAL.
   (I) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
 SECTION  FOR  ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO A
 LAW ENFORCEMENT AGENCY AS HAVING  BEEN  STOLEN,  IT  SHALL  BE  A  VALID
 DEFENSE  TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SECTION ELEVEN
 HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE  VEHI-
 CLE  HAD  BEEN  REPORTED  TO  THE POLICE AS STOLEN PRIOR TO THE TIME THE
 VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
 OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
 CIENT THAT A CERTIFIED COPY OF A POLICE REPORT ON THE STOLEN VEHICLE  BE
 SENT  BY  FIRST  CLASS  MAIL TO THE COURT HAVING JURISDICTION OR PARKING
 VIOLATIONS BUREAU.
   (J) 1. IN SUCH LOCAL AUTHORITY WHERE  THE  ADJUDICATION  OF  LIABILITY
 IMPOSED UPON OWNERS PURSUANT TO THIS SECTION IS BY A COURT HAVING JURIS-
 DICTION,  AN  OWNER  WHO  IS  A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
 LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS  SECTION  SHALL
 NOT  BE  LIABLE  FOR  THE VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY OF
 THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE COURT  HAVING  JURIS-
 DICTION  A  COPY  OF  THE  RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT
 COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH  THE  NAME  AND
 ADDRESS  OF  THE  LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER
 RECEIVING NOTICE FROM THE COURT OF THE DATE AND TIME OF SUCH  VIOLATION,
 TOGETHER  WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF
 LIABILITY.  FAILURE TO SEND SUCH INFORMATION  WITHIN  SUCH  THIRTY-SEVEN
 DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED
 BY  THIS  SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS
 PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON  THE  DATE  OF  SUCH  VIOLATION
 SHALL  BE  DEEMED  TO  BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS
 SECTION, SHALL BE SUBJECT TO LIABILITY  FOR  THE  VIOLATION  OF  SECTION
 ELEVEN  HUNDRED  SEVENTY  OF  THIS  ARTICLE PURSUANT TO THIS SECTION AND
 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
 SECTION.
   2.  (I)  IN SUCH LOCAL AUTHORITY WHICH HAS AUTHORIZED THE ADJUDICATION
 OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING VIOLATIONS
 BUREAU, AN OWNER WHO IS A LESSOR OF A  VEHICLE  TO  WHICH  A  NOTICE  OF
 LIABILITY  WAS  ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
 NOT BE LIABLE FOR THE VIOLATION OF SECTION  ELEVEN  HUNDRED  SEVENTY  OF
 THIS ARTICLE, PROVIDED THAT:

 A. 3114                             4
 
   (A)  PRIOR  TO  THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO  HUNDRED  THIRTY-NINE  OF
 THIS CHAPTER; AND
   (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
 THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
 BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
 FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,  TOGETHER
 WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
 OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY THE BUREAU
 PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
   (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH  SHALL  RENDER  THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
 THIS SECTION.
   (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
 THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
 TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,  SHALL  BE
 SUBJECT  TO  LIABILITY  FOR  SUCH VIOLATION PURSUANT TO THIS SECTION AND
 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
 SECTION.
   (K)  1.  IF THE OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED
 SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF
 THE VEHICLE AT THE TIME OF THE VIOLATION,  THE  OWNER  MAY  MAINTAIN  AN
 ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
 VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
 OUT  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
 RAILROAD SIGN OR SIGNAL  INDICATING  THE  APPROACH  OF  A  TRAIN.    FOR
 PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT THE OPER-
 ATOR  OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE
 OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A RAILROAD SIGN OR SIGNAL
 INDICATING THE APPROACH OF A TRAIN.
   (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
 OF  AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION ELEVEN HUNDRED
 SEVENTY OF THIS ARTICLE.
   (M) IN ANY SUCH LOCAL AUTHORITY WHICH ADOPTS A  DEMONSTRATION  PROGRAM
 PURSUANT  TO SUBDIVISION (A) OF THIS SECTION, SUCH LOCAL AUTHORITY SHALL
 SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF  A  RAILROAD  GRADE
 CROSSING  PHOTO  VIOLATION-MONITORING SYSTEM TO THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF  THE  ASSEMBLY  ON  OR
 BEFORE  JUNE  FIRST,  TWO  THOUSAND  TWENTY AND ON THE SAME DATE IN EACH
 SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS  OPERABLE.    SUCH
 REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   1.  A DESCRIPTION OF THE LOCATIONS WHERE RAILROAD GRADE CROSSING PHOTO
 VIOLATION-MONITORING SYSTEMS WERE USED;
   2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
 SYSTEM  IS  USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM,
 TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
   3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
 SYSTEM  IS  USED,  TO  THE  EXTENT  THE INFORMATION IS MAINTAINED BY THE
 DEPARTMENT;

 A. 3114                             5
 
   4. THE NUMBER OF VIOLATIONS RECORDED  AT  EACH  INTERSECTION  WHERE  A
 RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
 THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
   7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
 CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   8.  THE  TOTAL AMOUNT OF REVENUE REALIZED BY SUCH LOCAL AUTHORITY FROM
 SUCH ADJUDICATIONS;
   9. EXPENSES INCURRED BY SUCH LOCAL AUTHORITY IN  CONNECTION  WITH  THE
 PROGRAM; AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   (N)  IT  SHALL  BE  A  DEFENSE  TO  ANY PROSECUTION FOR A VIOLATION OF
 SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO A  LOCAL  LAW
 OR  ORDINANCE  ADOPTED PURSUANT TO THIS SECTION THAT THE RAILROAD SIGNAL
 INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
   § 3. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (p) to read as follows:
   (P) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES  PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED SEVENTY-A
 OF THE VEHICLE AND TRAFFIC LAW.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.