S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6243
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2017
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the civil practice law and rules, the criminal procedure
   law, the executive law, and the legislative law in relation to the use
   in  evidence  of the fact of possession or presence on the premises of
   condoms and other sexual and reproductive health devices; and  repeal-
   ing certain provisions of the criminal procedure law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "End crimi-
 nalization of condoms act".
   § 2. Legislative findings. The legislature hereby finds that promoting
 and protecting health and respecting and  fulfilling  human  rights  are
 necessarily  linked,  and  that  health-oriented  and  rights-based  law
 enforcement efforts are central to the effective provision of government
 services for the benefit of the people of the State. Article 17, section
 3 of the New York constitution requires that the legislature protect and
 promote the health of the inhabitants of  this  state  as  a  matter  of
 public  concern.  Despite  these provisions, for purposes of prosecuting
 certain criminal, civil and administrative  offenses,  reproductive  and
 sexual  health  tools, including condoms, are currently being destroyed,
 confiscated, or used as  evidence  by  law  enforcement  officers.  This
 legislation is intended to strengthen the public health of all New York-
 ers,  including the most vulnerable, while preserving the ability of law
 enforcement to prosecute other crimes such as  felony  sexual  offenses.
 The  purpose  of this bill is to avoid the disparate impact of the prac-
 tice of citing condoms and other reproductive and sexual health tools as
 evidence upon survivors  of  trafficking  and  people  who  are  or  are
 profiled as being engaged in the sex trades.
   §  3.  The  civil  practice  law  and rules is amended by adding a new
 section 4519-a to read as follows:

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

                                                            LBD06195-01-7

 A. 6243                             2
 
   § 4519-A. POSSESSION OF REPRODUCTIVE OR SEXUAL HEALTH DEVICES; RECEIPT
 INTO EVIDENCE.  1. THE FACT OF POSSESSION OF A CONDOM OR OTHER REPRODUC-
 TIVE OR SEXUAL HEALTH DEVICE MAY NOT BE  RECEIVED  IN  EVIDENCE  IN  ANY
 TRIAL,  HEARING  OR  PROCEEDING  PURSUANT  TO SUBDIVISION ONE OF SECTION
 TWELVE  AND  ARTICLE TEN OF THE MULTIPLE DWELLING LAW, SECTIONS TWELVE-A
 AND TWENTY-THREE HUNDRED TWENTY OF THE PUBLIC HEALTH  LAW,  SECTION  TWO
 HUNDRED  THIRTY-ONE  OF  THE  REAL  PROPERTY  LAW OR SUBDIVISION FIVE OF
 SECTION SEVEN HUNDRED ELEVEN AND SECTION SEVEN HUNDRED  FIFTEEN  OF  THE
 REAL  PROPERTY  ACTIONS AND PROCEEDINGS LAW, OR BY ANY LAW, LOCAL LAW OR
 ORDINANCE OF A POLITICAL SUBDIVISION OF THIS STATE, OR BY ANY WORD, RULE
 OR REGULATION OF ANY GOVERNMENTAL INSTRUMENTALITY AUTHORIZED BY  LAW  TO
 ADOPT  THE  SAME  AS EVIDENCE OF PROSTITUTION, PATRONIZING A PROSTITUTE,
 PROMOTING PROSTITUTION, PERMITTING PROSTITUTION, MAINTAINING A  PREMISES
 FOR  PROSTITUTION,  LEWDNESS  OR ASSIGNATION, MAINTAINING A BAWDY HOUSE,
 COMPELLING PROSTITUTION, OR SEX TRAFFICKING.
   2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE ANY CONTRACEP-
 TIVE OR OTHER TOOL USED TO PREVENT  UNWANTED  PREGNANCY  OR  THE  TRANS-
 MISSION OF HIV OR OTHER SEXUALLY TRANSMITTED DISEASES, INCLUDING BUT NOT
 LIMITED  TO  MALE  CONDOMS,  FEMALE  CONDOMS,  LUBRICANTS,  PRE-EXPOSURE
 PROPHYLAXIS ("PREP"), POST-EXPOSURE PROPHYLAXIS ("PEP"), HIV ANTI-RETRO-
 VIRAL MEDICATION, SPERMICIDE, HORMONAL METHODS, EMERGENCY CONTRACEPTION,
 DIAPHRAGM, CERVICAL CAP, OR SPONGE.
   3. "POSSESSION" MEANS TO HAVE  PHYSICAL  POSSESSION  OR  OTHERWISE  TO
 EXERCISE DOMINION OR CONTROL OVER TANGIBLE PROPERTY.
   4.  THE FACT OF POSSESSION OR PRESENCE IN A PREMISES OF A REPRODUCTIVE
 OR SEXUAL HEALTH DEVICE SHALL NOT BE INTRODUCED AS EVIDENCE BY ANY MEANS
 FOR ANY OF THE AFOREMENTIONED PURPOSES, INCLUDING BY EITHER PHYSICAL  OR
 TESTIMONIAL EVIDENCE.
   §  4.  The  criminal  procedure law is amended by adding a new section
 60.49 to read as follows:
 § 60.49 POSSESSION OF REPRODUCTIVE OR SEXUAL HEALTH DEVICE; RECEIPT INTO
           EVIDENCE.
   1. EVIDENCE THAT A PERSON WAS IN  POSSESSION  OF  A  CONDOM  OR  OTHER
 REPRODUCTIVE  OR  SEXUAL HEALTH DEVICE MAY NOT BE ADMITTED AT ANY TRIAL,
 HEARING OR OTHER PROCEEDING IN A PROSECUTION  FOR  ANY  OFFENSE,  OR  AN
 ATTEMPT  TO COMMIT ANY OFFENSE, DEFINED IN ARTICLE TWO HUNDRED THIRTY OR
 SECTION 240.37 OF THE PENAL LAW, OR SECTION 6512 OF THE  EDUCATION  LAW,
 OR  ANY  LAW,  LOCAL LAW OR ORDINANCE OF A POLITICAL SUBDIVISION OF THIS
 STATE, OR ANY WORD, RULE OR REGULATION OF ANY GOVERNMENTAL INSTRUMENTAL-
 ITY AUTHORIZED BY LAW TO ADOPT THE SAME, FOR THE PURPOSE OF ESTABLISHING
 PROBABLE CAUSE FOR AN ARREST  OR  PROVING  ANY  PERSON'S  COMMISSION  OR
 ATTEMPTED  COMMISSION  OF  SUCH  OFFENSE, AS EVIDENCE OF PROSTITUTION OR
 TRAFFICKING-RELATED ACTIVITY.
   2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE ANY CONTRACEP-
 TIVE OR OTHER TOOL USED TO PREVENT  UNWANTED  PREGNANCY  OR  THE  TRANS-
 MISSION OF HIV OR OTHER SEXUALLY TRANSMITTED DISEASES, INCLUDING BUT NOT
 LIMITED TO MALE CONDOMS, FEMALE CONDOMS, LUBRICANT, PRE-EXPOSURE PROPHY-
 LAXIS  ("PREP"),  POST-EXPOSURE PROPHYLAXIS ("PEP"), HIV ANTI-RETROVIRAL
 MEDICATION,  SPERMICIDE,  HORMONAL  METHODS,  EMERGENCY   CONTRACEPTION,
 DIAPHRAGM, CERVICAL CAP, OR SPONGE.
   3.  "POSSESSION"  MEANS  TO  HAVE  PHYSICAL POSSESSION OR OTHERWISE TO
 EXERCISE DOMINION OR CONTROL OVER TANGIBLE PROPERTY.
   4. THE FACT OF POSSESSION OR PRESENCE ON THE PREMISES OF  A  REPRODUC-
 TIVE  OR SEXUAL HEALTH DEVICE SHALL NOT BE INTRODUCED AS EVIDENCE BY ANY
 MEANS FOR ANY OF THE AFOREMENTIONED PURPOSES, INCLUDING BY EITHER  PHYS-
 ICAL OR TESTIMONIAL EVIDENCE.

 A. 6243                             3
 
   §  5. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
 procedure law is REPEALED and paragraph (c), as amended by  chapter  762
 of the laws of 1971, is amended to read as follows:
   (c) A misdemeanor defined outside the penal law which would constitute
 a  felony  if  such  person  had a previous judgment of conviction for a
 crime[; or].
   § 6. The opening paragraph of subdivision 1, subdivision 2 and  subdi-
 vision  3  of  section 160.55 of the criminal procedure law, the opening
 paragraph of subdivision 1 as amended by chapter  169  of  the  laws  of
 1994,  subdivision  2  as amended by chapter 476 of the laws of 2009 and
 subdivision 3 as amended by chapter 249 of the laws of 1981  and  renum-
 bered  by  chapter  142  of  the  laws  of  1991, are amended to read as
 follows:
   Upon the termination of a criminal  action  or  proceeding  against  a
 person  by  the  conviction  of such person of a traffic infraction or a
 violation, other than [a violation of loitering as  described  in  para-
 graph  (d)  or  (e) of subdivision one of section 160.10 of this chapter
 or] the violation of operating a motor vehicle while ability impaired as
 described in subdivision one of section eleven hundred ninety-two of the
 vehicle and traffic law, unless the district attorney upon  motion  with
 not  less  than  five  days notice to such person or his or her attorney
 demonstrates to the satisfaction of the  court  that  the  interests  of
 justice  require otherwise, or the court on its own motion with not less
 than five days notice to such person or his or her  attorney  determines
 that  the  interests of justice require otherwise and states the reasons
 for such determination on the record, the clerk  of  the  court  wherein
 such  criminal  action  or  proceeding  was terminated shall immediately
 notify the commissioner of the division of criminal justice services and
 the heads of all appropriate police departments and other  law  enforce-
 ment  agencies  that  the action has been terminated by such conviction.
 Upon receipt of notification of such termination:
   2. A report  of  the  termination  of  the  action  or  proceeding  by
 conviction of a traffic violation or a violation other than [a violation
 of  loitering as described in paragraph (d) or (e) of subdivision one of
 section 160.10 of this title or] the  violation  of  operating  a  motor
 vehicle  while  ability  impaired  as  described  in  subdivision one of
 section eleven hundred ninety-two of the vehicle and traffic law,  shall
 be  sufficient  notice of sealing to the commissioner of the division of
 criminal justice services unless the  report  also  indicates  that  the
 court  directed  that  the  record  not  be  sealed  in the interests of
 justice. Where the court has determined pursuant to subdivision  one  of
 this  section that sealing is not in the interests of justice, the clerk
 of the court shall include notification of  that  determination  in  any
 report  to such division of the disposition of the action or proceeding.
 When the defendant has been found guilty of a violation of harassment in
 the second degree and it was determined pursuant to subdivision  eight-a
 of  section  170.10  of  this  title  that  such violation was committed
 against a member of the same family or household as the  defendant,  the
 clerk  of  the court shall include notification of that determination in
 any report to such division of the disposition of the action or proceed-
 ing for purposes of paragraph (a) and subparagraph (vi) of paragraph (d)
 of subdivision one of this section.
   3. A person against whom a criminal action or  proceeding  was  termi-
 nated  by  such person's conviction of a traffic infraction or violation
 other than [a violation of loitering as described in  paragraph  (d)  or
 (e)  of  subdivision  one  of  section  160.10  of  this chapter or] the

 A. 6243                             4
 
 violation of  operating  a  motor  vehicle  while  ability  impaired  as
 described in subdivision one of section eleven hundred ninety-two of the
 vehicle  and  traffic  law, prior to the effective date of this section,
 may  upon  motion apply to the court in which such termination occurred,
 upon not less than twenty days notice to the district attorney,  for  an
 order granting to such person the relief set forth in subdivision one of
 this section, and such order shall be granted unless the district attor-
 ney  demonstrates to the satisfaction of the court that the interests of
 justice require otherwise.
   § 7. Section 841 of the executive law  is  amended  by  adding  a  new
 subdivision 7-b to read as follows:
   7-B.  TAKE  SUCH  STEPS  AS MAY BE NECESSARY TO ENSURE THAT ALL POLICE
 OFFICERS AND PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION  THREE  OF
 THIS  SECTION  RECEIVE APPROPRIATE INSTRUCTION REGARDING THE EVIDENTIARY
 PROHIBITION SET FORTH IN SECTION 60.47 OF THE CRIMINAL PROCEDURE LAW AND
 SECTION FORTY-FIVE HUNDRED NINETEEN-A OF  THE  CIVIL  PRACTICE  LAW  AND
 RULES  RELATING  TO  THE USE OF CONDOMS AND OTHER REPRODUCTIVE OR SEXUAL
 HEALTH DEVICES AS EVIDENCE IN CERTAIN TRIALS, HEARINGS  OR  PROCEEDINGS,
 OR AS A BASIS FOR PROBABLE CAUSE FOR ARREST, INCLUDING THAT UNAUTHORIZED
 SEIZURE  OR  CONFISCATION  OF  CONDOMS  AND OTHER REPRODUCTIVE OR SEXUAL
 HEALTH DEVICES IS A BREACH OF PUBLIC POLICY;
   § 8. The legislative law is amended by adding a new section 49 to read
 as follows:
   § 49. REQUIREMENT WITH RESPECT TO BILLS AMENDING  CERTAIN  LAWS  WHICH
 AFFECT HEALTH AND HUMAN RIGHTS. WHENEVER A COMMITTEE FAVORABLY REPORTS A
 BILL TO AMEND ARTICLES TWO HUNDRED THIRTY OR SECTION 240.37 OF THE PENAL
 LAW,  OR, AT THE DISCRETION OF THE VOTING MAJORITY OF THE COMMITTEE, ANY
 BILL WHICH, IF PASSED, WOULD INCREASE OR DECREASE THE NUMBER  OF  ARRES-
 TEES  OR  PRETRIAL OR SENTENCED POPULATION OF CORRECTIONAL FACILITIES IN
 THIS STATE, A MAJORITY OF THE COMMITTEE MEMBERS VOTING MAY REQUEST  THAT
 A HEALTH AND HUMAN RIGHTS IMPACT STATEMENT BE PREPARED.  THE LEGISLATURE
 SHALL  BY  CONCURRENT  RESOLUTION  OF  THE SENATE AND ASSEMBLY PRESCRIBE
 RULES REQUIRING HEALTH AND HUMAN RIGHTS IMPACT STATEMENTS TO  ACCOMPANY,
 ON  A SEPARATE FORM, BILLS AND AMENDMENTS TO BILLS AFTER SUCH BILLS HAVE
 BEEN REPORTED FROM COMMITTEE.  HEALTH AND HUMAN RIGHTS IMPACT STATEMENTS
 SHALL BE PREPARED BEFORE THE BILL IS CONSIDERED FOR FINAL  PASSAGE.  THE
 STATEMENT  SHALL INDICATE WHETHER THE BILL WOULD HAVE A DISPARATE IMPACT
 BY  RACE,  ETHNICITY,  RELIGION,  AGE,  GENDER,   GENDER   IDENTITY   OR
 EXPRESSION, SEXUAL ORIENTATION, IMMIGRATION STATUS, DISABILITY, OR HOUS-
 ING  STATUS  COMPOSITION OF THE ARRESTEE AND CORRECTIONAL FACILITY POPU-
 LATION AND AN EXPLANATION OF THAT IMPACT. ANY IMPACT  STATEMENT  PRINTED
 WITH  OR  PREPARED  FOR A BILL IS SOLELY FOR THE PURPOSE OF INFORMATION,
 SUMMARIZATION AND EXPLANATION FOR MEMBERS OF THE LEGISLATURE  AND  SHALL
 NOT  BE  CONSTRUED  TO REPRESENT THE INTENT OF THE LEGISLATURE OR EITHER
 CHAMBER THEREOF FOR ANY PURPOSE. EACH IMPACT STATEMENT  SHALL  BEAR  THE
 FOLLOWING  DISCLAIMER:  "THE  FOLLOWING  HEALTH  AND HUMAN RIGHTS IMPACT
 STATEMENT IS PREPARED FOR THE BENEFIT OF THE MEMBERS OF THE LEGISLATURE,
 SOLELY FOR PURPOSES OF INFORMATION, SUMMARIZATION  AND  EXPLANATION  AND
 DOES NOT REPRESENT THE INTENT OF THE LEGISLATURE OR EITHER CHAMBER THER-
 EOF FOR ANY PURPOSE."
   §  9.  The  legislative law is amended by adding a new section 83-n to
 read as follows:
   § 83-N. LEGISLATIVE COMMISSION ON HEALTH AND HUMAN RIGHTS.
   1. THE LEGISLATURE HEREBY FINDS THAT PROMOTING AND  PROTECTING  HEALTH
 AND  RESPECTING  AND FULFILLING HUMAN RIGHTS ARE NECESSARILY LINKED, AND
 THAT COORDINATION BETWEEN HEALTH AND LAW ENFORCEMENT EFFORTS IS  CENTRAL

 A. 6243                             5
 
 TO THE EFFECTIVE PROVISION OF GOVERNMENT SERVICES FOR THE BENEFIT OF THE
 PEOPLE OF THE STATE.
   2.  A  LEGISLATIVE  COMMISSION  ON  HEALTH  AND HUMAN RIGHTS IS HEREBY
 ESTABLISHED TO EXAMINE, EVALUATE  AND  MAKE  RECOMMENDATIONS  CONCERNING
 RIGHTS-BASED  APPROACHES  TO  HEALTH  AND LAW ENFORCEMENT INTERVENTIONS.
 THE COMMISSION SHALL ACT AS  A  MECHANISM  FOR  ONGOING  AND  MEANINGFUL
 INVOLVEMENT  OF  THOSE  WHO ARE OR POTENTIALLY COULD BE AFFECTED BY THIS
 LAW, INCLUDING, BUT NOT LIMITED TO, SURVIVORS OF TRAFFICKING, PEOPLE WHO
 ARE OR ARE PROFILED AS BEING INVOLVED IN THE SEX TRADES, COMMUNITIES  OF
 COLOR,  LESBIAN,  GAY,  BISEXUAL  AND  TRANSGENDER PEOPLE, AND PEOPLE IN
 CUSTODIAL SETTINGS. THE COMMISSION SHALL PROVIDE MONITORING  AND  EXPERT
 PERSPECTIVE  TO THE LEGISLATURE, PROMOTING AWARENESS OF PROBLEMS IN REAL
 TIME AS THEY EMERGE, INCREASE COOPERATION AND COLLABORATION BETWEEN  THE
 INDIVIDUALS AND COMMUNITIES DIRECTLY IMPACTED AND THEIR LEGISLATORS, AND
 ALLOW  LEGISLATORS TO SHARE RESPONSIBILITY FOR SUCCESSES AND FAILURES OF
 THESE INITIATIVES. THE COMMISSION SHALL MAKE SUCH RECOMMENDATIONS AS  IT
 MAY  DEEM  NECESSARY AS TO REGULATIONS, POLICIES, PROGRAMS, AND PROPOSED
 LEGISLATION TO PROVIDE AN EQUITABLE SYSTEM OF PROVIDING FOR  THE  PUBLIC
 SAFETY WHILE ALSO PROTECTING PUBLIC HEALTH, TO ENCOURAGE THE MOST EFFEC-
 TIVE  USE OF STATE AND LOCAL RESOURCES, TO PRESERVE THE FISCAL INTEGRITY
 OF BOTH STATE AND LOCAL  GOVERNMENT  HEALTH  SYSTEMS  AND  OTHERWISE  TO
 STRENGTHEN THE FUNDAMENTAL HUMAN RIGHT TO HEALTH.
   3.  THE COMMISSION SHALL CONSIST OF TEN REPRESENTATIVES FROM ORGANIZA-
 TIONS THAT PROMOTE ADVOCACY BY AND FOR  DIRECTLY  IMPACTED  COMMUNITIES.
 FROM  AMONG THE MEMBERS SO APPOINTED, A CHAIRPERSON AND VICE CHAIRPERSON
 SHALL BE DESIGNATED BY THE JOINT  ACTION  OF  THE  CHAIRPERSONS  OF  THE
 SENATE  AND  ASSEMBLY  HEALTH COMMITTEES. ANY VACANCY THAT OCCURS IN THE
 COMMISSION OR IN THE CHAIRMANSHIP OR VICE CHAIRMANSHIP SHALL  BE  FILLED
 IN  THE SAME MANNER IN WHICH THE ORIGINAL APPOINTMENT OR DESIGNATION WAS
 MADE.
   4. THE COMMISSION IN ADDITION TO THE ABOVE MENTIONED POWERS SHALL HAVE
 ALL THE POWERS AND PRIVILEGES OF A  LEGISLATIVE  COMMITTEE  PURSUANT  TO
 THIS CHAPTER.
   5.  FOR  THE  ACCOMPLISHMENT  OF  ITS PURPOSE, THE COMMISSION SHALL BE
 AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY  STUDY,  INQUIRY,  SURVEY,  OR
 ANALYSIS  IT  MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL IN COOPERATION
 WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY.
   6. THE COMMISSION MAY REQUIRE AND SHALL RECEIVE FROM  ANY  DEPARTMENT,
 BOARD,  BUREAU,  COMMISSION, AUTHORITY, OFFICE, OR OTHER INSTRUMENTALITY
 OF THE STATE, AND FROM ANY COUNTY, CITY, TOWN OR VILLAGE OF THIS  STATE,
 SUCH  FACILITIES, ASSISTANCE, AND DATA, AS IT DEEMS NECESSARY OR DESIRA-
 BLE FOR PROPER EXECUTION OF ITS POWERS AND DUTIES.
   7. THE COMMISSION MAY HOLD PUBLIC OR PRIVATE HEARINGS AND  SHALL  HAVE
 FULL  POWERS TO SUBPOENA WITNESSES AND ALL RECORDS OR DATA IT SHALL DEEM
 NECESSARY OR DESIRABLE PURSUANT TO THIS CHAPTER.
   8. THE MEMBERS OF THE COMMISSION SHALL SERVE ON A VOLUNTARY BASIS  AND
 RECEIVE NO COMPENSATION FOR THEIR SERVICES.
   §  10.  Paragraph (f) of subdivision 4 of section 837 of the executive
 law, as amended by chapter 169 of the laws of 1994, is amended and a new
 paragraph (g) is added to read as follows:
   (f) Accomplish all of the functions, powers, and duties set  forth  in
 paragraphs (a), (b), (c) and (d) of this subdivision with respect to the
 processing  and  disposition  of cases involving violent felony offenses
 specified in subdivision one of section 70.02 of the penal law[.]; AND
   (G) ACCOMPLISH ALL OF THE FUNCTIONS, POWERS, AND DUTIES SET  FORTH  IN
 PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION WITH RESPECT TO ALL

 A. 6243                             6
 
 CHAPTERS  OF LAW RESULTING FROM LEGISLATIVE BILLS THAT HAVE BEEN SUBJECT
 TO THE PROVISIONS OF  SECTIONS  FORTY-NINE  AND  EIGHTY-THREE-N  OF  THE
 LEGISLATIVE  LAW. THE DIVISION SHALL PRESENT TO THE GOVERNOR, THE TEMPO-
 RARY  PRESIDENT  OF  THE  SENATE, THE MINORITY LEADER OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AN ANNU-
 AL REPORT CONTAINING THE STATISTICS AND OTHER  INFORMATION  RELEVANT  TO
 THIS SUBDIVISION.
   §  11.  If any provision of this article or the application thereof to
 any person, circumstances, or political subdivision  of  this  state  is
 adjudged  invalid  by  a  court  of competent jurisdiction such judgment
 shall not affect or impair the validity of the other provisions  of  the
 article  or  the  application thereof to other political subdivisions of
 this state, persons, and circumstances.
   § 12. This act shall take effect on the first of March next succeeding
 the date on which it shall have become a law; provided that  the  amend-
 ment to article 5-A of the legislative law, made by section nine of this
 act,  shall  not  affect  the repeal of such article and shall be deemed
 repealed therewith.